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#Tech, Media, Telecom

Ideas for the Future of European Telecommunications Regulations

  • September 12, 2024
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Document(s)
Download "Ideas for the Future of European Telecommunications Regulations"
Download "The Future of European Telecommunications: In-depth Analysis"

Telecommunications regulation in Europe remains largely based on the framework adopted in 2002. While the framework has proven flexible in accommodating significant changes in the industry’s structure, technology, and political objectives, after more than 20 years, it is appropriate for the European Commission (EC) to question whether the telecoms regulatory framework is still fit for the future.

In this new CERRE Tech, Media and Telecom report, a team of CERRE academics specialised in telecommunications regulation explores potential changes to Europe’s telecommunications regulation to provide regulatory authorities with a new toolbox. The report briefly reviews the current state of the industry and consumer outcomes, offering recommendations on how to future-proof the regulatory framework, including:

  • Consider an alternative, more tailored approach that targets ‘bottlenecks’ instead of SMP, focusing on the assets required for competition rather than the position of the asset owner. Alternatively, tighten and improve the application of the existing SMP regulation to avoid legal uncertainty in the short term.
  • Longer-term spectrum licenses at no charge for operators, in return for a ‘use it or lose it’ obligation, which involves national regulators monitoring how effectively the spectrum is used
  • A more dynamic approach to efficiency and consumer welfare in the EU merger regime, which takes more account of the security, resilience, and sustainability implications of mergers and horizontal agreements.
  • A fundamental rethinking of the approach to ‘universal service’ in Europe, addressing it in a coherent way. This will require a new approach to the use of public subsidies in the telecoms industry and new mechanisms for distributing funds.
  • A more strategic and aligned approach from the EC and Member States to resilience and security, anticipating developments before they occur and providing public funds where necessary.
  • Recognition and mitigation of environmental trade-offs related to the EC’s objectives of expanding network coverage and increasing adoption and use of new 5G devices.

The recommendations are supported by a series of issue papers delving into the topics covered in the report and examining these issues in more detail.

Watch the full recording of the "The Future of European Telecommunications" event

Author(s)
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Richard Feasey (1)
Richard Feasey
CERRE Senior Advisor
Tech, Media, Telecom

Richard Feasey is a CERRE Senior Adviser, an Inquiry Chair at the UK’s Competition and Markets Authority and Member of the National Infrastructure Commission for Wales.

He lectures at University College and Kings College London and the Judge Business School.

He has previously been an adviser to the UK Payments Systems Regulator, the House of Lords EU Sub-Committee and to various international legal and economic advisory firms.

He was Director of Public Policy for Vodafone plc between 2001 and 2013.

Richard Feasey is a CERRE Senior Adviser, an Inquiry Chair at the UK’s Competition and Markets Authority and Member of the National Infrastructure Commission for Wales.

He lectures at University College and Kings College London and the Judge Business School.

He has previously been an adviser to the UK Payments Systems Regulator, the House of Lords EU Sub-Committee and to various international legal and economic advisory firms.

He was Director of Public Policy for Vodafone plc between 2001 and 2013.

Alexandre De Streel (2)
Alexandre de Streel
Academic Director
and University of Namur

Alexandre de Streel is the Academic Director of the digital research programme at the Brussels think-tank Centre on Regulation in Europe (CERRE), professor of European law at the University of Namur and visiting professor at the College of Europe (Bruges) and SciencesPo Paris. He sits in the scientific committees of the Knight-Georgetown Institute (US), the European University Institute-Centre for a Digital Society (Italy) and the Mannheim Centre for Competition and Innovation (Germany).

His main research areas are regulation and competition policy in the digital economy (telecommunications, platforms and data) as well as the legal issues raised by the developments of artificial intelligence. He regularly advises the European Union and international organisations on digital regulation.

Previously, Alexandre held visiting positions at New York University Law School, the European University Institute in Florence, Panthéon-Assas (Singapore campus), Barcelona Graduate School of Economics and the University of Louvain. He also worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union, and the European Commission. He has also been the chair of the expert group on the online platform economy, advising the European Commission.

Alexandre de Streel is the Academic Director of the digital research programme at the Brussels think-tank Centre on Regulation in Europe (CERRE), professor of European law at the University of Namur and visiting professor at the College of Europe (Bruges) and SciencesPo Paris. He sits in the scientific committees of the Knight-Georgetown Institute (US), the European University Institute-Centre for a Digital Society (Italy) and the Mannheim Centre for Competition and Innovation (Germany).

His main research areas are regulation and competition policy in the digital economy (telecommunications, platforms and data) as well as the legal issues raised by the developments of artificial intelligence. He regularly advises the European Union and international organisations on digital regulation.

Previously, Alexandre held visiting positions at New York University Law School, the European University Institute in Florence, Panthéon-Assas (Singapore campus), Barcelona Graduate School of Economics and the University of Louvain. He also worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union, and the European Commission. He has also been the chair of the expert group on the online platform economy, advising the European Commission.

Peter Alexiadis (1)
Peter Alexiadis
Research Fellow
and King’s College, London

Peter Alexiadis is a Visiting Professor at King’s College, where he teaches the LLM modules on ‘Competition Law & Regulated Network Sectors’ and ‘Digital Regulation’. He is also a Research Fellow at CERRE. Peter was a competition law and regulatory policy specialist attorney in Brussels for well over three decades, where he was recommended as a leading attorney in both areas of practice by all peer reviews. He has acted as an external adviser to the European Commission’s DG Competition Telecommunications Unit, and has played a very active role in the crafting of the existing regulatory frameworks for electronic communications and digital platforms.

Peter is one of the official advisors to the International Institute of Communications (IIC), advises a number of competition and regulatory agencies around the world, and his legal opinions are cited in a range of EU-level and national proceedings. Peter writes extensively on competition and regulatory issues, and is currently the Chief Editor of the legal journals « Utilities Law Review » and the IBA’s « International Business Lawyer ».

Peter Alexiadis is a Visiting Professor at King’s College, where he teaches the LLM modules on ‘Competition Law & Regulated Network Sectors’ and ‘Digital Regulation’. He is also a Research Fellow at CERRE. Peter was a competition law and regulatory policy specialist attorney in Brussels for well over three decades, where he was recommended as a leading attorney in both areas of practice by all peer reviews. He has acted as an external adviser to the European Commission’s DG Competition Telecommunications Unit, and has played a very active role in the crafting of the existing regulatory frameworks for electronic communications and digital platforms.

Peter is one of the official advisors to the International Institute of Communications (IIC), advises a number of competition and regulatory agencies around the world, and his legal opinions are cited in a range of EU-level and national proceedings. Peter writes extensively on competition and regulatory issues, and is currently the Chief Editor of the legal journals « Utilities Law Review » and the IBA’s « International Business Lawyer ».

Marc Bourreau
Marc Bourreau
Academic Co-Director
and Télécom Paris

Marc Bourreau is a Academic Co-Director at CERRE and Professor of Economics at Télécom Paris (Institut Polytechnique de Paris). He is affiliated with the interdisciplinary institute for innovation (i3) for his research.

His research focuses on competition policy and regulation, digital markets, and telecommunications.

Marc holds a Ph.D. in Economics from the University of Paris Panthéon Assas.

Marc Bourreau is a Academic Co-Director at CERRE and Professor of Economics at Télécom Paris (Institut Polytechnique de Paris). He is affiliated with the interdisciplinary institute for innovation (i3) for his research.

His research focuses on competition policy and regulation, digital markets, and telecommunications.

Marc holds a Ph.D. in Economics from the University of Paris Panthéon Assas.

Martin Cave
Martin Cave
Visiting Professor
Imperial College London

Martin Cave is a Visiting Professor at the Imperial College London. He was an Academic Co-Director at CERRE.

He is a regulatory economist specialising in competition law and in the network industries, including airports, broadcasting, energy, posts, railways, telecommunications and water.

Professor Cave has published extensively in these fields, and has held professorial positions at Warwick Business School, University of Warwick, and the Department of Economics, Brunel University.

Martin Cave is a Visiting Professor at the Imperial College London. He was an Academic Co-Director at CERRE.

He is a regulatory economist specialising in competition law and in the network industries, including airports, broadcasting, energy, posts, railways, telecommunications and water.

Professor Cave has published extensively in these fields, and has held professorial positions at Warwick Business School, University of Warwick, and the Department of Economics, Brunel University.

Ilsa Godlovitch
Ilsa Godlovitch
Director
Brussels WIK-Consult

Ilsa Godlovitch is an expert on telecoms and the digital economy with more than 20 years of experience in managing and conducting research and regulatory projects in this field. Ilsa has led studies for the European Commission regarding the Gigabit Infrastructure Act, Open Internet and Roaming Regulations, EU Electronic Communications Code and Broadband State Aid Guidelines, as well as conducting research for BEREC and National Regulatory Authorities on the environmental impact of electronic communications, and the evolution of fixed and mobile telecom markets.

Between 2007-2012, Ilsa was Director at the pan-European trade association ECTA, where she was responsible for an annual benchmark of regulation and outcomes in the telecoms sector covering 22 countries. Between 1998-2002 Ilsa was senior advisor at the UK regulatory authority Oftel, where she was responsible inter alia for developing policy and negotiating alongside the Ministry on the EU Framework for Electronic Communications.

Ilsa started her career as a technology journalist, launching an early Internet magazine, Cyberia, in 1996. She then joined Microsoft and was a member of the launch team of MSN News and the Microsoft Network in the UK between 1997-1998. Ilsa has a Postgraduate Certificate in Economics from London University and an MA in Classics from Oxford University.

Ilsa Godlovitch is an expert on telecoms and the digital economy with more than 20 years of experience in managing and conducting research and regulatory projects in this field. Ilsa has led studies for the European Commission regarding the Gigabit Infrastructure Act, Open Internet and Roaming Regulations, EU Electronic Communications Code and Broadband State Aid Guidelines, as well as conducting research for BEREC and National Regulatory Authorities on the environmental impact of electronic communications, and the evolution of fixed and mobile telecom markets.

Between 2007-2012, Ilsa was Director at the pan-European trade association ECTA, where she was responsible for an annual benchmark of regulation and outcomes in the telecoms sector covering 22 countries. Between 1998-2002 Ilsa was senior advisor at the UK regulatory authority Oftel, where she was responsible inter alia for developing policy and negotiating alongside the Ministry on the EU Framework for Electronic Communications.

Ilsa started her career as a technology journalist, launching an early Internet magazine, Cyberia, in 1996. She then joined Microsoft and was a member of the launch team of MSN News and the Microsoft Network in the UK between 1997-1998. Ilsa has a Postgraduate Certificate in Economics from London University and an MA in Classics from Oxford University.

Antonio Manganelli
Antonio Manganelli
Research Fellow
and University of Rome LUMSA

Antonio Manganelli is Professor of Antitrust and Regulation at the University of Rome LUMSA, where he is also programme coordinator for the M.Sc. in Antitrust, Regulation and Innovative industries. Antonio holds a Ph.D. in Law and Economics from the University of Siena.

He previously worked as Research Associate at the European University Institute, as coordinator of the Florence School of Regulation, and in several public institutions, i.e., the Italian Ministry of Economic Development as Deputy Head of Cabinet, the OECD as national expert, the Italian Regulator for Telecom, Media and Postal Services (AGCOM), the UK Competition and Markets Authority (CMA), the Office of the Body of European Regulators for Electronic Communications (BEREC), the Research Office at the Italian Central Bank.

Antonio Manganelli is Professor of Antitrust and Regulation at the University of Rome LUMSA, where he is also programme coordinator for the M.Sc. in Antitrust, Regulation and Innovative industries. Antonio holds a Ph.D. in Law and Economics from the University of Siena.

He previously worked as Research Associate at the European University Institute, as coordinator of the Florence School of Regulation, and in several public institutions, i.e., the Italian Ministry of Economic Development as Deputy Head of Cabinet, the OECD as national expert, the Italian Regulator for Telecom, Media and Postal Services (AGCOM), the UK Competition and Markets Authority (CMA), the Office of the Body of European Regulators for Electronic Communications (BEREC), the Research Office at the Italian Central Bank.

Giorgio Monti
Giorgio Monti
Research Fellow
and Tilburg Law School

Giorgio Monti is a CERRE Research Fellow and Professor of Competition Law at Tilburg Law School.

He began his career in the UK (Leicester 1993-2001 and London School of Economics (2001-2010) before taking up the Chair in competition law at the European University Institute in Florence, Italy (2010-2019). While at the EUI he helped establish the Florence Competition Program which carries out research and training for judges and executives. He also served as Head of the Law Department at the EUI.

His principal field of research is competition law, a subject he enjoys tackling from an economic and a policy perspective.

Together with Damian Chalmers and Gareth Davies he is a co-author of European Union Law: Text and Materials (4th ed, Cambridge University Press, 2019), one of the major texts on the subject. He is one of the editors of the Common Market Law Review.

Giorgio Monti is a CERRE Research Fellow and Professor of Competition Law at Tilburg Law School.

He began his career in the UK (Leicester 1993-2001 and London School of Economics (2001-2010) before taking up the Chair in competition law at the European University Institute in Florence, Italy (2010-2019). While at the EUI he helped establish the Florence Competition Program which carries out research and training for judges and executives. He also served as Head of the Law Department at the EUI.

His principal field of research is competition law, a subject he enjoys tackling from an economic and a policy perspective.

Together with Damian Chalmers and Gareth Davies he is a co-author of European Union Law: Text and Materials (4th ed, Cambridge University Press, 2019), one of the major texts on the subject. He is one of the editors of the Common Market Law Review.

Tony Shortall
Tony Shortall
Director
Telage

Tony Shortall is a Director of Telage, a Brussels-based consultancy firm in the field of telecommunications economics and regulation. He is an economist specialising in the regulation of network industries and has written extensively on these matters and has advised governments, regulators and firms.

Tony Shortall is a Director of Telage, a Brussels-based consultancy firm in the field of telecommunications economics and regulation. He is an economist specialising in the regulation of network industries and has written extensively on these matters and has advised governments, regulators and firms.

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