Converging European communications regulation: From structural regulation to behavioural competition law
UNSPECIFIED (2000) Converging European communications regulation: From structural regulation to behavioural competition law. In: 12th Biennial Conference of the International-Telecommunications-Society, STOCKHOLM, SWEDEN, JUN 20-24, 1998. Published in: CONVERGENCE IN COMMUNICATIONS AND BEYOND pp. 337-364.Full text not available from this repository.
This paper examines the regulation of consumer services in pay-TV (subscription television delivered via cable and satellite networks). Engineering and market convergence creates pressures for convergence of European regulatory approaches in pay-TV networks. I identify a new paradigm of competition in communications services and describe three regulatory approaches:
(i) Historically, European member-state governments structurally regulated communications, allocating scarce resources to "national champions".
(ii) Behavioural regulation through generic competition law is emerging, primarily in the policies of the Commission and the jurisprudence of the European Court of Justice. This analysis is developed with comparative examination of US behavioural competition jurisprudence, which has a far longer history of federal intervention to ensure access to dominant networks and premium programming.
(iii) A hybrid approach, asymmetrical regulation, polices third-party access to the networks of dominant actors. This interim solution is based on essential facilities doctrine.
I examine case studies of technical and programming bottlenecks in the US and the European Union, in the period 1994-8. Dominant actors and their government supporters have resisted divestment and attempt to create new concentrations in converging markets. Structural divestment of dominant telcos' cable networks, and behavioural regulation of the separated businesses, would allow network competition to develop. I conclude that since European governments demonstrate continuing bias towards incumbent "national champions", the new competitive paradigm will be implemented in Europe at variable speeds and with greater delay than in the US, Europe's major competitor.
|Item Type:||Conference Item (UNSPECIFIED)|
|Subjects:||P Language and Literature
T Technology > TK Electrical engineering. Electronics Nuclear engineering
|Journal or Publication Title:||CONVERGENCE IN COMMUNICATIONS AND BEYOND|
|Publisher:||ELSEVIER SCIENCE BV|
|Editor:||Bohlin, E and Brodin, K and Lundgren, A and Thorngren, B|
|Number of Pages:||28|
|Page Range:||pp. 337-364|
|Title of Event:||12th Biennial Conference of the International-Telecommunications-Society|
|Location of Event:||STOCKHOLM, SWEDEN|
|Date(s) of Event:||JUN 20-24, 1998|
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