Dsti/iccp/cisp(2007)2/final
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OECD Communications Outlook 2007; OECD, The Implications of WiMAX for competition and
regulation”, 2006; OECD “Universal Access and NGN”, 2006. 11
“The implications of WiMAX
for competition and regulation”, online at
http://www.oecd.org/LongAbstract/0,3425,en_2649_34223_36218740_1_1_1_1,00.html .
12
OFCOM, Regulatory challenges posed by next generation access networks, 23 November 2006. Online at http://www.ofcom.org.uk/research/telecoms/reports/nga/nga.pdf .
13
European Telecommunication platform (ETP); OFCOM Public Discussion Document: “Regulatory challenges posed by next generation access networks” (hereinafter “OFCOM NGA”), 23 November 2006, online at http://www.ofcom.org.uk/research/telecoms/reports/nga/nga.pdf (last accessed February 2007). See Telecom Italia Project NGN2, Presentation at the meeting with the financial community, March 2007, online at http://www.telecomitalia.it/TIPortale/docs/investor/ID_Pileri_NT_OK_noNote.pdf .
14
The IEEE P1901 Work Group for Broadband over Powerline is aiming to develop an international standard and permit interoperability between competing specifications. 15
See OECD paper on “Fixed-Mobile Convergence: Market Developments and Policy Issues” online at http://www.oecd.org/sti/ict .
16
Standardisation of this technology has stabilised during 2007 and field trials and pre-commercial trials are taking place in 2008-2009. 17
See FCC Annual Report and Analysis of Competitive Market Conditions with Respect to Domestic and International Satellite Communications Services, March 2007. 18
For an example of upstream and downstream speeds needed to deliver advanced, converged services and application, see “Broadband Availability and Adoption in California, Final Report of the California
DSTI/ICCP/CISP(2007)2/FINAL
56 Broadband Task Force”,
p. 12,
January 2008.
Online at:
http://www.calink.ca.gov/pdf/CBTF_FINAL_Report.pdf .
19
See ERG Opinion
on Regulatory Principles of
NGA, online
at: http://erg.ec.europa.eu/doc/publications/erg07_16rev2_opinion_on_nga.pdf
20
Ernst Langmantel, “NGN as Multimedia Implementation of Legacy Telco Model?”, Presentation at the ITU NGN Workshop, Geneva, May 2006; and ERG Report on IP Interconnection (hereinafter “ERG Interconnection Report”
[ERG(07)09], February 2007, online
at http://erg.eu.int/documents/cons/index_en.htm . 21
See OECD, “Internet Traffic Prioritisation”, DSTI/ICCP/TISP(2006)4/FINAL, Paris, April 2007. 22
ITU Rec. Y.2001 (2004). 23
ERG Interconnection Report (2007). 24
Scott J. Marcus, “Interconnection on an IP-based NGN environment”, discussion paper for the ITU Global Symposium for Regulators, Dubai, February 2007, online
at http://www.itu.int/ITU- D/treg/Events/Seminars/GSR/GSR07/agenda-documents.html .
25
F. Fuentes, presentation, European Telecommunication Platform. Online at http://www.etp-online.org .
26
See OECD “Fixed-Mobile Convergence: Market Developments and Policy Issues” (2007), page 8, Figure 1. Online at http://www.oecd.org/dataoecd/20/26/38309911.pdf (last accessed April 2007). 27
Source: OECD, adapted from OECD study on “Participative Web and User Created Content” (2007); ERG Workshop on Next Generation Networks: "NGN Regulation and Investment", Turin, 17 April 2007. 28
Moreno, P Vidales, and H Einsiedler, “The IMS Service Platform: A Solution for Next Generation Network Operators to be More than Bit Pipes”, IEEE Communication Magazine, August 2006. 29
available online at http://www.telecomitalia.com/analystmeeting2007/eng/index.html . 30
See BT Global Telecom News, online at http://www.btgtm.com/BTGlobalTelecomNewsFixed/Article.asp?ArticleCode=79681832&EditionCode=6 8857552 (12 April 2007); Zdnet “BT to offer 21CN experience overseas”, 6 December 2006, online at http://news.zdnet.co.uk/communications/0,1000000085,39285012,00.htm . 31 KPN presentation on “All-IP”, Turin ERG Workshop on Next Generation Networks: "NGN Regulation and Investment", 17 April 2007; http://erg.eu.int/doc/whatsnew/kpn_van_den_beukel_erg_17_apr_07.pdf . 32
KPN Annual Report, 2006, online at http://www.kpn.com/upload/1786687_9475_1173767749534- KPN_Annual_Report_and_Form_20-F_2006.pdf .
33
IMS is an architectural framework for delivering *Internet protocol (IP) multimedia services to mobile users, aiding the access of multimedia and voice applications across wireless and wireline terminals, and therefore foster fixed mobile convergence (FMC). Initially developed in the framework of the Third Generation Partnership Project (3GPP), IMS Release 7 was developed in co–operation with ETSI TISPAN, in order to support fixed networks. See http://www.etsi.org/tispan/ . S. Pileri, Telecom Italia, presentation at the meeting with the financial community (2007); British Telecom, with its 21 st Century Network project; France Telecom announced its plans to introduce IMS in its networks starting from 2007, etc. 34
Alessandro Rossi, Italtel, phone interview, March 2007. “Technical progress, market evolution and the regulation of the electronic communications sector in the EU”, Paul Richards, BT. 35
rd generation networks and is now considered the standard for fixed and mobile IP-based communication by mobile operators. 36
Alessandro Rossi, Italtel, telephone interview, March 2007. DSTI/ICCP/CISP(2007)2/FINAL
57
37
See for example Ericsson IMS products description at http://www.ericsson.com/products , or Nokia IMS at http://www.nokia.com/A4126030 . 38
The 3rd Generation Partnership Project (3GPP) brings together a number of telecommunications standards bodies which include ARIB, CCSA, ETSI, ATIS, TTA, and TTC. See the 3GPP website online at http://www.3gpp.org .
39
See 3GPP Active Work Programme, Voice call continuity (VCC) between CS and IMS (incl. I-WLAN), online at http://www.3gpp.org/ftp/Specs/html-info/FeatureOrStudyItemFile-32091.htm . 40
Unlicensed Mobile Access (UMA), is the 3rd Generation Partnership Project (3GPP) global standard for subscriber access to mobile circuit, packet and IMS-based services over any IP-based access network, including the Internet. UMA allows seamless roaming and handover between local area networks and wide area networks using a dual-mode mobile phone. See http://www.umatoday.com/umaOverview.php .
41
Summary report of the OECD Foresight Forum “Next generation networks: evolution and policy considerations”, Budapest, 3 October. Online at www.oecd.org/sti/ict . 42
See ECC/CEPT, “Next Generation Network Developments and their Implications for the New Regulatory Regime”, 2003. 43
http://www.oecd.org/document/18/0,3343,en_2649_33757_1912210_1_1_1_1,00.html. 44
Telecommunication Regulatory Institutional Structures and Responsibilities, DSTI/ICCP/TISP(2005)6/FINAL, 11 January 2006. 45
See Arthur D. Little for Liberty Global, 2006 at http://www.vecai.nl/downloads/docs/ADL_report.pdf , in Dutch.
46
The speeds available for xDSL connections are dependent on the distance between the switch and the customer with speeds deteriorating rapidly with distance. 47
This paper deals mainly from the perspective of fixed networks. Wireless technologies are in general considered to be less competitive than fixed networks given technological limitations and the shared nature of wireless networks which reduces bandwidth availability with the increase in the number of simultaneous users logged onto the network. This is not to imply that wireless networks do not play a useful role in complementing fixed networks, as part of a converged offer, or in providing service, albeit of less quality than fixed networks, to areas which are difficult to reach with fixed networks. 48
Paris, 2007. 49
Terminology with respect to fibre delivery is not always consistent. FTTH (fibre to the home) implies fibre to the living/office; FTTB when signal reaches building but then depends on copper to reach end user; FTTC or FTTK (Fiber to the Curb or to the Kerb), which is placed near the curb and servers a limited number of customers; FTTN (Fibre to the node), also called FTTCab (Fibre to the Cabinet), where the fibre reach the “node”, which can serve several hundred customers. 50
UK's Broadband Local Loop
Lengths, http://www.ispreview.co.uk/cgi- bin/news/viewnews.cgi?id=EEFplFyZEkrNkluWdw, and Loop Lengths and Architecture presentation at IEEE
EFM, Raleigh, NC, 14-16
January 2002,
http://www.ieee802.org/3/efm/public/jan02/mickelsson_1_0102.pdf .
51
The exact distances will vary based upon various factors, like age and quality of the line, shielding, amount of lines in a bundle and other things that can influence the quality of the line. 52
Shorter local loop lengths in some countries provide a greater incentive to investment in VDSL than in FTTH.
53
See, for example, The Reality of FTTH in the United States, Michael Kunigonis, Corning, at http://www.corning.com/docs/opticalfiber/cm9570.pdf and From FTTH Pilot to Pre-rollout in France, DSTI/ICCP/CISP(2007)2/FINAL
58 Paul-Francois Fourinier, France Telecom, at http://www.francetelecom.com/en_EN/finance/invest- analysts/meetings-conferences/att00003205/20070920-FTTHpresentation.pdf . 54
“The business case for sub-loop unbundling in The Netherlands”, Anaylys, 2006, report written for OPTA. “ http://www.opta.nl/download/Analysys+Final+Report%2Epdf . 55
See Telecom Italia, http://www.telecomitalia.it/analystmeeting2007/ita/index.html . 56
These can be owned, sponsored by municipalities or based on public-private partnerships. 57
Cable companies that are beginning to triple play would not be faced with these difficulties in that they already have a business case, access to networks, and a existing revenue stream. 58
59
Giovanni Amendola and Lorenzo Pupillo “The Economics of Next Generation Access Networks and Regulatory Governance in Europe: One Size Does not Fit All”, paper presented at 35th TPRC Conference in Washington DC, 28-30 September 2007. 60
based on the Telecommunications Business Law, was formulated in 2001. 61
There are however other example of situations in which regulation is not fully technology neutral. These include not requiring cable networks to unbundle, limiting universal service to fixed telephone networks, and limiting emergency calling requirements to fixed networks. 62
contrary, LLU has stimulated investment by incumbents in upgrading their networks. 63
See http://www.erg.eu.int/doc/publications/erg07_44_cp_on_functional_separation.pdf. 64
65
See, OECD, “Internet Traffic Exchange: Market Developments and Measurement of Growth”, Paris, April 2006, at http://www.oecd.org/document/27/0,3343,en_2649_34225_25496027_1_1_1_1,00.html . 66
ARCEP study. 67
See, RegTP,
Competition in
the Internet Access Market:
Current Regulatory Issues, http://www.regtp.de/en/aktuelles/reden/02713/03/index.html . 68
ERG Final
Report on
IP Interconnection http://erg.eu.int/doc/publications/erg_07_09_rept_on_ip_interconn..pdf
69 See supra. 70
71
ITU-T recommendation E.164. 72
See, OECD Foresight Forum "Next Generation Networks: Evolution and policy considerations", held in Budapest, 3 October, 2006 ( http://www.oecd.org/dataoecd/24/5/38079155.pdf ), presentation by Mr. Stastny, Senior Analyst, OeFEG, Telekom Austria.
In the following years IP networks will have to adapt to the successor of IPv4; IPv6. The expectation is that IPv4 addressing will long co–exist with the new IPv6 addresses. 74
The TCP/IP protocol suite is named after two of the most important protocols used in the Internet: the Transmission Control Protocol (TCP) and the Internet Protocol (IP). DSTI/ICCP/CISP(2007)2/FINAL
59
75
SIP (Session Initiated Protocol) is a signaling protocol defined by the IETF to locate users and establish interactive communications with them. It is similar to setting up a call on the telephone network, with two crucial differences: i). It is Internet native, giving the versatility to interoperate with other protocols used in IP environment. ii) It separates ‘session establishment’ from ‘session description’, so specifying who or what you would like to connect to is independent of how you would like to communicate. SIP is considered the glue for a variety of applications beyond VoIP, for which it is now widely used, such as multimedia, mobility, IM and presence, e-commerce and web services. 76
While these schemes often use the e–mail address or a self chosen ID as an entrance for users, the underlying numbering schemes are self chosen and proprietary. 77 The origin of the word ENUM remains unclear. Both 'tElephone NUmber Mapping' or ‘Electronic NUmber Mapping’ are found in literature sources, but it is also suggested it is not even an acronym.
78 The Internet Engineering Task Force (IETF) is one of the leading standardisation bodies of the (core technologies of the) Internet. It is formed by a large open international community of network designers, operators, vendors, and researchers concerned with the evolution of the Internet architecture and the smooth operation of the Internet. IETF produces RFC documents. 79
See OECD, “Rethinking Universal Service for a Next Generation Network Environment” (DSTI/ICCP/TISP(2005)5/FINAL). 80
81
Availability means that the level, price and quality of service is the same where a person lives or works, so that residing in a high–cost rural area does not affect a person’s ability to access communication services. Affordability refers to the need that maintaining and using the service does not place an unreasonable burden on consumers, particularly those more vulnerable or disadvantaged. Persons with physical or mental disabilities should not be precluded to access communication services (accessibility requirement). 82
and users' rights relating to electronic communications networks and services [Universal Service Directive], Official Journal L 108 of 24 April 2002. 83
provide a connection upon reasonable request encompasses the provision of a narrowband connection capable of ‘functional Internet access’ (FIA). See OFCOM Universal Service Review, online at http://www.ofcom.org.uk/consult/condocs/uso/main/ .
84
47 U.S.C. § 254(c)(1). 85
DSTI/ICCP/TISP(2005/FINAL, op. cit. 86
Communication from the commission to the council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: “Report regarding the outcome of the Review of the Scope of Universal Service in accordance with article 15(2) of Directive 2002/22/EC”, COM(2006)163 Final, 24 May 2005, and European Commission, Directive of the European Parliament and Council of 7 March 2002 on Universal Service and users Rights relating to Electronic Communications Networks and Services, (O.J. No L 108, 24.4.2002). 87
See ANPCI-WiFi Company agreement online at http://www.anpci.it/gest/AssociazioniEuDettaglio.asp?r=c&idV=17 (Italian only) and http://www.wifi- company-podcast.com/ (podcasts in English and Italian). 88
and users' rights relating to electronic communications networks and services (Universal Service Directive), Official Journal L 108 , 24/04/2002. 89
DSTI/ICCP/CISP(2007)2/FINAL
60 90
See FCC Report and Order and Notice of Proposed Rulemaking In the Matters of IP-Enabled Services E911
Requirements for
IP-Enabled Service
Providers (2005),
online at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-116A1.doc
91 See Ofcom Consultation “Regulation of VoIP Services: Access to the Emergency Services”, online at http://www.ofcom.org.uk/consult/condocs/voip/voip.pdf .
92
Obligations on emergency calling have been imposed in many countries on mobile operators - technological developments have allowed for more precise user localisation information. 93
R. Stastny, “Emergency Services Obligations and
Responsibilities”, online
at http://enum.nic.at/documents/AETP/Presentations/Austria/0053-2005- 05_VON_Europe/200505_VON_Europe_Emergency_Services_R. Stastny.ppt .
94
ECRIT charter and documents: http://www.ietf.org/html.charters/ecrit-charter.html .
95
In the US, Communications Assistance for Law Enforcement Act (CALEA) applies to facilities-based broadband Internet access providers and providers of Voice-over-Internet-Protocol (VoIP) services interconnected with the PSTN network. See http://www.fcc.gov/calea/ . See also EU Council Resolution on law enforcement operational needs with respect to public telecommunication networks and services, online at http://cryptome.org/eu-intercept.htm . 96
For example, the Italian Anti-terrorism legislation (Legge 31 luglio 2005, n. 155) among its provisions include the obligation for owners of Internet cafés to require customers to present their ID card in order to use public
Internet access
points or
to connect
to a wireless network. See
http://www.parlamento.it/leggi/05155l.htm (Italian only). 97
Media and Sport [hereinafter, R. Foster, 2007]. 98
See OECD, “Policy considerations for audio-visual content distribution in a multiplatform environment”, DSTI/ICCP/TISP(2006)3/FINAL, online at http://www.oecd.org/dataoecd/21/41/37868139.pdf .
99
OECD, “The Spectrum dividend: Spectrum Management Issues”, DSTI/ICCP/TISP(2006)2/FINAL. 100
See the online platform at: www.joost.com .
101
R. Foster, 2007, op.cit. 102
See for example the EU Directive on Television Without Frontiers (TVWF), which in its Article 1(a) establishes that “ television broadcasting' means the initial transmission by wire or over the air, including that by satellite, in unencoded or encoded form, of television programmes intended for reception by the public.”. This definition is being re-moderned by the proposed Directive on Audiovisual Media Services, which defines television broadcasting as an “audiovisual media service provided by a media service provides for simultaneous viewing of programmes on the basis of a programme schedule” (article 1 c). 103
89/552/EEC on the co–ordination of certain provisions laid down by law, regulation or administrative Action in Member States concerning the pursuit of television broadcasting activities, Permanent Representatives Committee of the Council of the European Union, 31 October 2006 (preparatory work), online at http://ec.europa.eu/avpolicy/index_en.htm .
104
Communication from the Commission to the European Parliament concerning the Common Position of the Council (18 October 2007). For the latest developments of the Co-Decision procedure, see http://ec.europa.eu/avpolicy/reg/tvwf/modernisation/proposal_2005/index_en.htm . 105
See OECD “IPTV: market developments and regulatory treatment ”, DSTI/ICCP/CISP(2006)5/FINAL. 106
EC proposal for an
Audiovisual Media
Services Directive, online at
http://ec.europa.eu/avpolicy/reg/tvwf/modernisation/proposal_2005/index_en.htm . 107 The
implications of
convergence for
regulation of
electronic communications, DSTI/ICCP/TISP(2003)5/FINAL.
DSTI/ICCP/CISP(2007)2/FINAL
61
108
R. Foster, 2007, op.cit. 109
110
R. Foster, 2007, op. cit. 111
OECD “Mobile TV and Video: New Value Chains and Business Models”, DSTI/ICCP/IE(2006)3, Secretariat working paper 112
See
European Commission “Television on
the move”,
online at
http://ec.europa.eu/information_society/industry/broadcasting/mobile/index_en.htm
113 See
enters
mobile phone
market”, 6 November 2007, Reuters, online
at http://www.reuters.com/article/ousivMolt/idUSN0262823920071106 ; “Google, Bidding For Phone Ads, Lures
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