{"title":"Internet Service Providers","authors":"Christopher T. Marsden","doi":"10.4135/9781473960367.n161","DOIUrl":"https://doi.org/10.4135/9781473960367.n161","url":null,"abstract":"This chapter examines the regulation of third party content transmitted by Internet Service Providers (ISPs), though that general term of art needs definition for the purposes of the chapter. The chapter considers in turn three aspects of the transmission of content over ISPs, though not the provision of content owned by or affiliated with those ISPs. The aspects considered are in turn:","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123850706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"European Union Communications Law","authors":"I. Walden","doi":"10.1093/oso/9780198807414.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198807414.003.0006","url":null,"abstract":"The past thirty years and more has seen an extraordinary level of policy, legal, and regulatory activity in the telecommunications sector within the European Union (EU); with well over 100 different directives, decisions, regulations, recommendations, and resolutions, relating to every aspect of the industry, having been adopted since 1984. Such activity is a clear illustration that market liberalization should not be confused with concepts of market deregulation. While from a UK perspective, initial EU regulatory intervention in the telecommunications sector seldom impinged on the wider public consciousness, largely due to developments already commenced domestically, some Member States experienced significant political fall-out from Commission initiatives in the area, such as public sector industrial action.","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122549921","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Telecommunications Regime in the United Kingdom","authors":"I. Walden, Helen Kemmitt, J. Angel","doi":"10.1093/oso/9780198807414.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198807414.003.0005","url":null,"abstract":"In a sense the early history of telecommunications begins with the telegraph. Telegraph messages are conveyed over distances but for most of the way they take a non-material form.","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133817557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ann Buckingham, Camilla Bustani, David Satola, Cameron Whittfield
{"title":"Telecommunications Reform in Emerging Markets","authors":"Ann Buckingham, Camilla Bustani, David Satola, Cameron Whittfield","doi":"10.1093/oso/9780198807414.003.0023","DOIUrl":"https://doi.org/10.1093/oso/9780198807414.003.0023","url":null,"abstract":"For much of the latter half of the twentieth century, the provision of telecommunications services in developing countries was the responsibility of the state. Penetration rates were low, service quality was poor, and the incumbent operator was often unprofitable. Government attempts at improvement focused on securing investment, technical assistance, and financial support. Commencing in the late 1990s, the telecommunications sector in much of the developing world underwent a profound and lasting transformation: governments established new regulatory regimes and institutions, corporatized and privatized their state-owned telecommunications operations, and liberalized markets as part of wide-ranging sector reforms.","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114899586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"International Regulatory Law","authors":"I. Walden","doi":"10.1093/oso/9780198807414.003.0022","DOIUrl":"https://doi.org/10.1093/oso/9780198807414.003.0022","url":null,"abstract":"Telecommunications is an inherently trans-national technology. As such, the development of telecommunications has always required substantial cooperation and agreement between nation states. Cooperation can be seen at a number of different levels, including the need for adherence to certain standards, both technical and operational. Historically, the need for ongoing cooperation between states has meant the establishment of inter-governmental organizations, of which the International Telecommunication Union (ITU) lays claim to the oldest pedigree of any such organization. These inter-governmental institutions have been responsible for laying down much of the framework that comprises international telecommunications law and regulation.","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"297 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123441788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Competition Law and Telecommunications","authors":"Vincent Smith, L. Woods","doi":"10.1093/oso/9780198807414.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780198807414.003.0013","url":null,"abstract":"Telecommunications regulation was born from the need to police the removal of state-owned telecommunications monopolies in Europe from the 1980s onwards. Indeed, the telecommunications sector is not a market which has developed naturally. Instead it was a response to governmental choices, originally to create a state monopoly and, in the late twentieth century, to move to market provision, ultimately to be controlled by general competition law. This chapter introduces these competition rules and illustrates how they have been applied in the telecommunications context. Since competition law applies across all sectors, the law and practice developed in competition cases from other areas also plays an important role in deciding how competition law applies to telecommunications operators.","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120871981","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Consumer Protection and Telecommunications","authors":"E. Newman","doi":"10.1093/oso/9780198807414.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198807414.003.0012","url":null,"abstract":"Since the last edition of this book, there has arguably been a shift in focus in favour of consumer protection in the telecommunications industry both at EU and at UK level, which is illustrated through two developments. First, in 2016, the European Commission published its proposal for an Electronic Communications Code to codify and amend the four main telecommunications directives, which for the first time explicitly takes full account of the Charter of Fundamental Rights of the EU. It states that the proposed measures aim at achieving higher levels of connectivity ‘with a modernised set of end-user protection rules’. It mandates end-user rules where existing regulation has only set out minimum requirements. Second, in the UK in May 2017, the consumer association Which? awarded Ofcom Chief Executive, Sharon White, who took up the position in March 2015, the Positive Change Award for her work on putting consumers at the heart of Ofcom’s agenda.","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129592330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Access and Interconnection","authors":"I. Walden","doi":"10.1093/oso/9780198807414.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780198807414.003.0011","url":null,"abstract":"For the purposes of this chapter, and under the European Union’s Access Directive, the term ‘access’ encompasses all kinds of contractual (private law) arrangements under which an operator or service provider acquires services from another operator in order to enable it to deliver services to its own customers. The issues discussed in this chapter relate to the regulated (public law) rights of operators to access each others’ networks and services at a wholesale level, not the rights of end users to access telecommunications services, at a retail level.","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125996298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Telecommunications Law and Regulation an Introduction","authors":"I. Walden","doi":"10.1093/oso/9780198807414.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198807414.003.0002","url":null,"abstract":"This book examines national, regional, and international legal and regulatory frameworks governing the telecommunications sector, particularly the provision of all forms of network infrastructure, communication services, and equipment supplied for the transmission of data and information. The book is entitled ‘telecommunications’ rather than ‘communications’, despite the best attempts of European Union law to recast the terminology. Telecommunications remains the preferred term for a number of reasons. First, the change of regulatory terminology is still not reflected in industry discourse, let alone among the wider general public. Second, the book is intended as a text for a global audience, not just the UK or Europe, so it does not seem appropriate for EU terminology to be imposed on our readers. Third, the many historical and cross-jurisdictional aspects of the book recommend consistency as an aid to comprehension. The book does, however, use the terms ‘telecommunications’ and ‘communications’ interchangeably.","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127287355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Us Telecommunications Law","authors":"K. Lee, J. Prime","doi":"10.1093/oso/9780198807414.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198807414.003.0007","url":null,"abstract":"This chapter focuses on the regulation of the provision of telecommunication services and the operation of telecommunication networks in the US. It begins by giving a brief history of the American approach to the regulation of switched, cable, wireless, satellite, broadband, and IP networks and services. It then provides an overview of the numerous governmental bodies involved in the regulation of the US telecommunications market. It summarizes the licensing requirements under the Communications Act of 1934, and briefly explains the US approach to certain key regulatory issues: access, interconnection and related measures, including network neutrality, spectrum management, universal service, the application of competition law to the sector, and consumer privacy.","PeriodicalId":260209,"journal":{"name":"Telecommunications Law and Regulation","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125127806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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