European Communications Law And Technological Convergence

This book presents a thorough critical examination of the European regulatory reaction to technological convergence, tracing the explicit and implicit mechanisms through which emerging concerns are incorporated into regulation and competition law, and then goes on to identify the patterns that underlie these responses so as to establish the extent to which the issues at stake, and the implications of intervention, are fully understood and considered by authorities. Focusing on ‘conflict points’ – areas of tension inevitably arising among overlapping regimes – the analysis covers such elements as the following: the provision of ‘multiple-play’ services; the advent of ‘convergent devices’; the interchangeability of transmission networks; subscription-based (‘pay television’) services; the diversification of television services (such as on-demand and niche-theme channels); the relative scarcity of (premium) content; the ‘migration’ of television content with cultural and social relevance to pay television; and the emergence of ‘bottleneck’ segments in the communications value chain. Endorsing the adjustment of existing rules to meet pluralist objectives, the author outlines a single, coherent regulatory approach. He shows how a careful analysis of the implications of technological convergence helps to solve conflicts between regimes. Specifically, the analysis addresses the level – national or EU – at which particular regulatory responses should emerge, the objectives guiding action, and the tools through which these objectives may be pursued. These conclusions command the attention of policymakers, regulators, and lawyers active in the ongoing development of communications law.

Traditionally, the technologies of telecommunications, broadcasting, satellite, and computing operated independently while the industries associated with each were regulated independently along the same lines. Technological convergence challenges the vertical regulatory models of broadcasting, telecommunications, and computer services while simultaneously challenging the traditional approach to regulation by nation-states. It is time for a critical examination of regulations which support convergence while addressing the realities of the current media environment. This edited volume provides a heuristic analysis of the challenges facing regulators and media institutions. Chapters explore the nature of the laws and regulations straining under the new technological realities, consider the changes already made to accommodate the new media landscape, and examine new directions and approaches to the regulation of convergent media technologies and media institutions.

Analyzing the role of governments in the regulation of the new "Information Society", the ten chapters in this book stem from a seminar hosted by the European Media Regulation Seminar Group (ESRG) at the University of Warwick. Each chapter explores the regulatory responses of the UK govermentand the EU to commercial, technical and market convergence in the broadcasting, telecommunications, print media and computing sectors. The text focuses on the establishment of satellite pay-TV, telecommunications and the launch of digital terrestrial TV as they blend real andcyber-governance.

Providing a comprehensive overview of the current European regulatory framework on telecommunications, this book analyses the 2016 proposal for a European Electronic Communications Code (EECC). The work takes as its basis the 2009 Regulatory Framework on electronic communications and analyses each of its five main directives, comparing them with the changes proposed in the EECC. Key chapters focus on issues surrounding choosing the right regulatory model in order to secure effective investment in next-generation networks and ensure their successful deployment.

This book presents the most thoroughgoing model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertakings unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines.

This book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service. Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations. The book is of interest to both scholars and practitioners in several disciplines, such as EU and WTO law, telecommunications law and regulation, political science regarding market regulation and governance as well as European integration and WTO. Olga Batura is affiliated to the Leuphana Law School, University of Lüneburg, Germany, and to the European Humanities University in Vilnius, Lithania.

Media convergence is often propounded as inevitable and ongoing. Yet much of the governance of the media sector’s key parts has developed along discrete evolutionary paths, mostly incremental in character. This volume breaks new ground through exploring a diverse range of topics at the heart of the media convergence governance debate, such as next generation networks, spectrum, copyright and media subsidies. It shows how reluctance to accommodate non-market based policy solutions creates conflicts and problems resulting in only shallow media convergence thus far.

This book provides an up-to-date account and analysis of the development of the European Union's regulatory framework for telecommunications in a globalising world. A key feature is its treatment of the EU's regulatory policy response to technological convergence in the information and communications sector, through its new Electronic Communications Regulatory Framework. The book explores in detail the dynamics of the complex relationship between technological and globalisation pressures, economic interests, and European and national policy responses. The authors also examine the achievements and limitations of over twenty years of EU efforts to liberalise markets and to harmonise regulation.