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GN2 Foresight Study: Economic Issues Developments in regulation in Europe

GN2 Foresight Study: Economic Issues Developments in regulation in Europe. C laire Milne http://www.antelope.org.uk email: cbm@antelope.org.uk tel: +44 20 8505 9826. Objectives and status. Update SERENATE study by assessing implications for NRENs of

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GN2 Foresight Study: Economic Issues Developments in regulation in Europe

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  1. GN2 Foresight Study: Economic IssuesDevelopments in regulation in Europe Claire Milne http://www.antelope.org.uk email: cbm@antelope.org.uk tel: +44 20 8505 9826

  2. Objectives and status • Update SERENATE study by assessing implications for NRENs of • Developments in regulation since the adoption of the New Regulatory Framework (NRF) • Implementation in practice of the NRF • So far we have looked at the first (broadly interpreted; paper available) but not yet the second of these. • The work should relate to other study parts, e.g. geography, organisation and governance. • Your input welcome on what further work is needed.

  3. Topics reviewed • Review of the New Regulatory Framework • Harmonisation of data retention • Modernisation of audiovisual regulation • Intervention for broadband deployment • Stimulus to next generation network construction • Evolution of radio spectrum management

  4. Review of the New Regulatory Framework • Status: launched 2005, consultation 2006, formal proposals due 2007, national legislation from 2009. • Main points: • update and streamline existing rules • reduce market review burdens • consolidate single market (European regulator??) • improve security and consumer protection • NREN implications: as with existing framework, little impact except on Public Networks; and security improvements, which are good practice anyway.

  5. Harmonisation of data retention • Status: Data Retention Directive adopted in 2006 for transposition into national law in 2007. • Main points: to help fight crime, providers of public networks/services must keep data on calls and messages (not their content) for 6 months to 2 years. • NREN implications: possible pressure to adopt practices consistent with the Directive. A working group might prepare for this.

  6. Modernisation of audiovisual regulation • Status: ”TV Without Frontiers” (TVWF) Directive being replaced by “Audiovisual Media Services” (AVMS) Directive, latest draft April 2007. • Main points: Content delivery competing with TV (e.g. by Internet) should comply with TV regulation (European content, protection of minors, advertising / sponsorship control, right of reply etc). • NREN implications: NRENs are probably outside its formal scope, but would be wise to check that NREN good practice observes the spirit of the rules.

  7. Intervention for broadband deployment • Status: “Bridging the Broadband Gap” is an important element of i2010, which in turn crucially supports the Lisbon Strategy for growth and jobs. • Main points: Public intervention for broadband provision in underserved areas, including state aid and EU regional development funding, is good so long as anticompetitive effects are avoided. • NREN implications: NRENs needing better connectivity in underserved areas (including to homes of staff and students) should consider sharing funding and facilities with other organisations.

  8. Stimulus to next generation network construction • Status: Covered by NRF Market Analysis procedures (under review); EU infringement proceedings for DT’s “regulatory holiday”. • Main points: NGNs (first core, then access) are being built, amid uncertainty about returns; lack of clarity on mandated resale (related to meaning of “new markets”) may deter investment. • NREN implications: NRENs’ interests best served by maximised investment in fibre access networks? Clarity on “new markets” could help. Perhaps a joint NREN working group might develop shared policies.

  9. Evolution of radio spectrum management • Status: Will be reflected in NRF Review, and through other parallel developments. • Main points: New technology makes it both more important and easier to use spectrum flexibly. Major moves towards spectrum markets and away from administrative allocations. • NREN implications: Indefinite free use of existing spectrum allocations (e.g. on-campus wireless) can’t be assumed. NRENs may need to consider both funding and new (shared?) spectrum allocations.

  10. Provisional conclusions • Evolution of regulatory framework seems generally benign for NRENs – but so far your input is missing. • Changing attitudes (e.g. to spectrum) are worth monitoring as much as actual changed regulations. • NRENs could well work together (through TERENA) to share country regulatory information and promote common approaches to relevant issues.

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