EU Electronic Communications Law Competition and Regulation in the European Telecommunications Market

by Nihoul, Paul; Rodford, Peter

• ISBN13: 9780199263400
• ISBN10: 019926340X
• Format: Hardcover
• Copyright: 2004-07-29
• Publisher: Oxford University Press

Summary

This book analyzes the rules applicable to electronic communications networks and services within the European Union. Electronic communications encompass all forms of electronic transmission of information, including telecommunications, broadcasting, and the Internet. The focus is on the rules concerning market organization, specifically regulation and competition law.

Author Biography

Paul Nihoul is a Professor of Law at the University of Louvain, Belgium, where he holds the Jean Monnet Chair of Law on the European Information Society and is the Director of the Consumer Law Centre. He is also a Professor of Law at the University of Groningen, Netherlands. Previously, he was an Attorney and Counsellor with the law firm Cleary Gottlieb Steen and Hamilton in New York. He has also been a referendaire at the European Court of Justice, where he clerked for Justices Joliet and Murray. He is the author of several books and numerous articles on telecommunications with both a European and international perspective. Peter Rodford is Head of the European Commission unit responsible for compliance with EU electronic communications regulation. He has been a member of the Commission's staff since 1974, and has worked in the Legal Service, the External Affairs Directorate General, and as a member of the cabinet of Commissioner Peter M. Schmidhuber, where he was responsible for telecoms liberalisation and external affairs. He became Deputy Head of the compliance unit in 1996, and Head in 1999.

Table of Contents

Tables of Cases	xv
Tables of EU/EC Treaties and Legislation	xxi
Table of Non-EU/EC Treaties	xxxi
Glossary	xxxiii
1. A New Regime for Electronic Communications Markets	1	(60)
A. General Observations	1.01	(1)
B. Presentation of Applicable Instruments	1.34	(1)
C. Definition of Electronic Communications	1.56	(1)
D. Institutional Aspects	1.60	(1)
E. Historical Perspective	1.96	(1)
F. Convergence	1.129	(1)
G. Main WTO Rules on Telecommunications	1.167	(60)
2. Principles and General Rules Applicable Throughout the Framework	61	(114)
A. The Prohibition of Exclusive Rights, Special Rights and Other Regulatory Restrictions	2.01	(1)
B. Issues Relating to Ownership and Public Control	2.50	(1)
C. The Basic Regulatory Principles	2.81	(1)
D. Authorisations and Formalities Prior to Starting Activities	2.125	(1)
E. Conditions Attached to Formalities	2.216	(1)
F. Changes Introduced by the New Regulatory Framework	2.287	(1)
G. Transitional Arrangements	2.294	(1)
H. Future Changes and Transparency	2.301	(173)
3. Access to Facilities and Resources Controlled by Other Undertakings-Sector-Specific Regulation	175	(168)
A. Principles	3.01	(1)
B. Facilities and Resources Concerned	3.56	(1)
C. Obligations Imposed on Member States	3.66	(1)
D. Obligations Concerning One, Some or All Undertakings	3.72	(1)
E. Obligations Imposed on Undertakings with Significant Market Power	3.103	(1)
E Markets Where Specific Obligations May be Imposed (Market Definition and Selection)	3.213	(1)
G. Undertakings with Significant Market Power	3.267	(1)
H. Joint Market Power	3.317	(1)
I Potential Difficulties Associated with Transnational Markets	3.379	(1)
J. Compatibility with WTO Provisions	3.388	(340)
4. Access to Facilities and Resources Controlled by Other Undertakings-General Competition Law	343	(148)
A. Access to Resources	4.01	(1)
B. Refusal to Deal or Grant Access	4.38	(1)
C. Discrimination	4.76	(1)
D. Tariff-Related Practices	4.126	(1)
E. Other Practices	4.304	(1)
F. Objective Justifications	4.317	(1)
G. The Essential Facilities Doctrine	4.325	(1)
H. The Relationship Between General Competition Law and the NRF	4.366	(1)
I. Compatibility with WTO Provisions	4.375	(487)
5. Universal Service, Public Service and Services of General Interest	491	(138)
A. Introduction	5.01	(1)
B. Applicable Instruments	5.06	(1)
C. Definition and Principles	5.19	(1)
D. Items Included in Universal Service	5.35	(1)
E. Quality Requirements	5.79	(1)
F. Affordability of Tariffs	5.91	(1)
G. Who May Provide Universal Service?	5.138	(1)
H. How Can Universal Service be Financed?	5.148	(1)
L Comparison with Old Regulation	5.220	(1)
J. Universal Service in the Liberalisation Directives	5.237	(1)
K. The Contribution of General Competition Law	5.258	(1)
L. Public Service, Universal Service and Services of General Interest	5.318	(1)
M. Services of Non-Economic Interest	5.335	(1)
N. Compatibility with WTO Provisions	5.349	(624)
6. Litigation and Dispute Resolution	629	(58)
A. Introduction	6.01	(1)
B. Sector-Specific Regulation	6.03	(1)
C. What Has Changed?	6.27	(1)
D. Application of General Competition Law	6.30	(1)
E. Protecting Users and Consumers	6.79	(1)
F. Delineating a Strategy	6.81	(1)
G. Other Remedies Based on General European Law	6.102	(1)
H. Conflicts Between Various Bodies of Law	6.116	(681)
7. Specific Issues	687	(76)
A. Introduction	7.01	(1)
B. Protection of Users	7.02	(1)
C. Towards a European Spectrum Policy	7.30	(1)
D. Accounting Obligations, Accounting Separation and Structural Separation	7.95	(1)
E. Technological Neutrality, Standardisation and Harmonisation	7.128	(1)
F. Specific Provisions Regarding Public Voice Telephony	7.146	(1)
G. Specific Provisions Regarding Broadcasting	7.168	(756)
Appendix A: List of Instruments	763	(6)
Appendix B: List of Relevant Services in the European Commission	769	(2)
Appendix C: List of National Competition Authorities	771	(4)
Appendix D: List of National Regulatory Authorities	775	(4)
Index	779