OECD Ministers in 1998 noted that in order to move from a vision to reality in the development of
Fair access and use of infrastructures for both customers and service providers.
Those principles are still current, and should help orient regulatory and policy actions, supporting
technological evolution and the development of next generation services and infrastructures.
The concept of convergence covers a number of issues of which the main one is that it provides the
capacity to different communication platforms to transport the same services thus moving away from the
present structure where platforms are service specific. Convergence is also occurring because terminals are
becoming multifunctional and can thus receive and be used for a range of services instead of being service
specific. Services can also be moved with ease from one terminal to another. In turn, next generation core
DSTI/ICCP/CISP(2007)2/FINAL
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and access networks will provide a platform facilitating convergence, allowing mobility in terms of access
(users will be able to access their services remotely), and the merging of diverse services.
These developments imply that the definition of services used in the context of regulatory frameworks
are changing and may have implications as to how these services are regulated. Since different services can
be provided in an undifferentiated way over different terminals and over different networks, the concept of
technological neutrality is also important in terms of regulatory frameworks. In turn, this implies that
networks could be regulated in a similar way with no reference to the content carried on them networks.
This could also be interpreted as implying that for reasons of coherence the regulation of the
communication sector should be undertaken by a single regulatory body.
The question of whether in a converged environment there needs to be better co-ordination between
spectrum allocation bodies, broadcast regulators and telecommunication regulators was addressed in the
OECD study on “Telecommunication Regulatory Institutional Structures and Responsibilities”.
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The
paper concluded that in some cases co-ordination, consistency and technological neutral policies may be
more easily accomplished with a single regulatory body organised to examine issues in a horizontal way.
Regulatory parity among network technologies which compete against each other is also a more present
challenge as networks transition to IP and markets converge.
New technological developments now allow communications services which historically were
regulated differently to now appear identical from the consumer point-of view. This underscores the
regulator‘s need to be mindful not only of issues related to companies, but also of the concerns of
consumers.
The development of new network structures may also, over time, result in the need for a review of
existing regulatory structures and their responsibilities, in addition to a change in the regulations
themselves. But many of the changes taking place in networks and applications are evolutionary, even
though the changes may be rapid, rather than revolutionary. Developments taking place today might not
automatically lead to a fundamental change in regulation, but they bring about the need to analyse the
necessity of adjustments in order to preserve a level playing field for competition and promote efficient
investment. In this context, the review of policy and regulatory instruments needs to consider whether
available tools are still able to effectively achieve relevant policy objectives, and monitor where their
impact is weakened and why. In the light of this – and taking into account also industry experience and
consumer preferences – policy makers need then to consider how the regulatory framework should be
adapted in order to address next generation developments.
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