Competition Versus Regulation in the Post-Sunset PSTN

Richard D. Taylor
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引用次数: 0

Abstract

This paper proposes a new framework to address competition, consumer protection and public interest concerns in a “post-sunset” PSTN broadband ecosystem” (BE). In the BE, enterprises are connected horizontally and vertically. Envisioning those enterprises as points within a three-dimensional lattice, it models a way to balance promotion of competition with a range of policies of governance in the absence of competition. This is a response to the current regulators’ dilemma that companies like Google, Facebook, Amazon, Apple, Microsoft and others are now in many of the same markets as companies which were once primarily carriers such as AT&T, Verizon, Time Warner and Comcast, which are now rapidly diversifying and fleeing into an unregulated all-IP mode.The FCC’s National Broadband Plan (NBP) envisions ubiquitous broadband access in the U.S., accomplished by a transition from traditional telephone technology – analog circuits, TDM switches, related infrastructure components – to an Internet Protocol (IP)-based national broadband network. However, the NBP does not specify a specific migration path from the old network to the new one, leaving critical questions of technology, business and regulation unanswered. The FCC and the market are now in a race to see which will answer them first.This transition is being “forced” by old TDM equipment reaching end-of-life and by large numbers of customers migrating away from traditional wireline voice communications and substituting mobile, VoIP and other alternatives. As the subscriber base declines, but the cost of maintaining the old network is fixed (or increasing), the cost per customer rises and profitability decreases, creating a voice “death spiral”. The major telecommunications carriers are already rapidly distancing themselves from the “old” telecommunications service and moving to diversified IP-based services.In the technical area there are transition questions about numbering, interconnection and interoperability, quality of service, and spectrum among others. From the business perspective, traditional carriers are faced with finding new business models to function in what can be described as a three-dimensional lattice that comprises the metastructure of the BE. From a regulatory perspective, there is a fundamental challenge as to whether the FCC has any jurisdiction over IP-based services at all under current rules. A long-term solution to these problems requires a new way of thinking about the structure of the market as implemented consistent with the NBP.The FCC has initiated a process to consider this, within the presumed scope of its current jurisdiction, although it may ultimately require Congress or the courts to define that scope. At the same time, the major carriers such as AT&T, Verizon, Time Warner and Comcast have initiated an aggressive campaign to have all IP-based services deregulated as “information services”. Arrayed against this are civil society/public interest organizations devoted to sustaining the traditional “social contract” with respect to communications in the public interest.The ultimate outcome is uncertain, but it appears neither side has the political influence to win a total victory. Given that, some policy experts are proposing a “middle way” in which the broadband network evolves against a set of general principles to assure competition and protect the public interest. This could involve an ex ante anti-trust/consumer protection approach, or a light-touch version of traditional regulation. However, there is as yet no coherent theoretical framework within which to decide what action (or forbearance) is appropriate under what conditions. This paper’s three-dimensional lattice model is a step in that direction.
日落后PSTN的竞争与监管
本文提出了一个新的框架来解决“后日落”PSTN宽带生态系统(BE)中的竞争、消费者保护和公共利益问题。在BE中,企业是横向和纵向相连的。它将这些企业设想为三维晶格中的点,并建立了一种在缺乏竞争的情况下平衡促进竞争与一系列治理政策的方法模型。谷歌、Facebook、亚马逊、苹果、微软等公司现在与AT&T、Verizon、时代华纳和康卡斯特等曾经是主要运营商的公司处于许多相同的市场,这些公司现在正在迅速多样化,并逃往不受监管的全ip模式,这是对当前监管机构困境的回应。美国联邦通信委员会的国家宽带计划(NBP)设想通过从传统电话技术(模拟电路、TDM交换机、相关基础设施组件)到基于互联网协议(IP)的国家宽带网络的过渡,实现美国无处不在的宽带接入。然而,NBP并没有规定从旧网络到新网络的具体迁移路径,这使得技术、商业和监管等关键问题没有得到解答。美国联邦通信委员会和市场现在正在比赛,看谁能先回答这些问题。这种转变是“被迫”的,因为旧的时分复用(TDM)设备即将寿终正寝,而且大量客户从传统的有线语音通信转向移动、VoIP和其他替代方案。随着用户基数的下降,但维护旧网络的成本是固定的(或增加的),每位客户的成本上升,盈利能力下降,形成了语音的“死亡螺旋”。主要的电信运营商已经迅速与“旧的”电信服务划清界限,转向多样化的基于ip的服务。在技术领域,存在关于编号、互连和互操作性、服务质量和频谱等方面的转换问题。从业务角度来看,传统的运营商面临着寻找新的业务模型的问题,这些业务模型可以被描述为包含be元结构的三维晶格。从监管的角度来看,在现行规则下,FCC是否对基于ip的服务有管辖权,这是一个根本性的挑战。要想长期解决这些问题,就需要以一种新的方式来思考与NBP一致的市场结构。FCC已经启动了一个程序来考虑这个问题,尽管它最终可能需要国会或法院来定义这个范围。与此同时,美国电话电报公司(AT&T)、威瑞森(Verizon)、时代华纳(time Warner)和康卡斯特(Comcast)等主要运营商发起了一场激进的运动,要求将所有基于ip的服务作为“信息服务”解除管制。与之相对立的是民间社会/公共利益组织,他们致力于维护公共利益传播方面的传统“社会契约”。最终结果尚不确定,但似乎双方都没有赢得完全胜利的政治影响力。鉴于此,一些政策专家提出了一条“中间道路”,即宽带网络的发展要遵循一套确保竞争和保护公众利益的一般原则。这可能涉及事前反垄断/消费者保护措施,或传统监管的轻触版本。然而,到目前为止,还没有一个连贯的理论框架来决定在什么条件下什么行动(或忍耐)是适当的。本文的三维晶格模型是朝着这个方向迈出的一步。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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