1 GN2 Foresight Study: Economic Issues Developments in regulation in Europe Claire Milne tel:

2 Objectives and status Update SERENATE study by assessing implications for NRENs of –Developments in regulation since the adoption of the New Regulatory Framework (NRF) –Implementation in practice of the NRF So far we have looked at the first (broadly interpreted; paper available) but not yet the second of these. –The work should relate to other study parts, e.g. geography, organisation and governance. –Your input welcome on what further work is needed.

3 Topics reviewed Review of the New Regulatory Framework Harmonisation of data retention Modernisation of audiovisual regulation Intervention for broadband deployment Stimulus to next generation network construction Evolution of radio spectrum management

4 Review of the New Regulatory Framework Status: launched 2005, consultation 2006, formal proposals due 2007, national legislation from Main points: –update and streamline existing rules –reduce market review burdens –consolidate single market (European regulator??) –improve security and consumer protection NREN implications: as with existing framework, little impact except on Public Networks; and security improvements, which are good practice anyway.

5 Harmonisation of data retention Status: Data Retention Directive adopted in 2006 for transposition into national law in Main points: to help fight crime, providers of public networks/services must keep data on calls and messages (not their content) for 6 months to 2 years. NREN implications: possible pressure to adopt practices consistent with the Directive. A working group might prepare for this.

6 Modernisation of audiovisual regulation Status: ”TV Without Frontiers” (TVWF) Directive being replaced by “Audiovisual Media Services” (AVMS) Directive, latest draft April Main points: Content delivery competing with TV (e.g. by Internet) should comply with TV regulation (European content, protection of minors, advertising / sponsorship control, right of reply etc). NREN implications: NRENs are probably outside its formal scope, but would be wise to check that NREN good practice observes the spirit of the rules.

7 Intervention for broadband deployment Status: “Bridging the Broadband Gap” is an important element of i2010, which in turn crucially supports the Lisbon Strategy for growth and jobs. Main points: Public intervention for broadband provision in underserved areas, including state aid and EU regional development funding, is good so long as anticompetitive effects are avoided. NREN implications: NRENs needing better connectivity in underserved areas (including to homes of staff and students) should consider sharing funding and facilities with other organisations.

8 Stimulus to next generation network construction Status: Covered by NRF Market Analysis procedures (under review); EU infringement proceedings for DT’s “regulatory holiday”. Main points: NGNs (first core, then access) are being built, amid uncertainty about returns; lack of clarity on mandated resale (related to meaning of “new markets”) may deter investment. NREN implications: NRENs’ interests best served by maximised investment in fibre access networks? Clarity on “new markets” could help. Perhaps a joint NREN working group might develop shared policies.

9 Evolution of radio spectrum management Status: Will be reflected in NRF Review, and through other parallel developments. Main points: New technology makes it both more important and easier to use spectrum flexibly. Major moves towards spectrum markets and away from administrative allocations. NREN implications: Indefinite free use of existing spectrum allocations (e.g. on-campus wireless) can’t be assumed. NRENs may need to consider both funding and new (shared?) spectrum allocations.

10 Provisional conclusions Evolution of regulatory framework seems generally benign for NRENs – but so far your input is missing. Changing attitudes (e.g. to spectrum) are worth monitoring as much as actual changed regulations. NRENs could well work together (through TERENA) to share country regulatory information and promote common approaches to relevant issues.