1 Statement of the situation
During the fourth ITU-D study period
(2006-2010), the Rapporteur Group for Question 10-2/1 on the
regulation for licensing and authorization of converging
services developed a report. The relevance of this Question has
increased as more and more countries are moving to a converged
regulatory environment. Members of Study Group 1 have expressed
interest in continuing the work on regulation for licensing and
authorization in a converged environment but adding its impact
on competition. The proposal is then to concentrate the activity
of the Group on an analysis of regulatory models to help to deal
with the impact of convergence in Telecommunications/ICT
markets. In addition, the focus of the Question should include
the aspects of competition within the sector.
2 Question for study
During the last few years many
countries, both developed and developing countries, have
implemented new legislation which takes into account technical
and market trends towards converging services. These measures
are mainly based on the principle of technological neutrality
and seek, inter alia, to foster market development and
liberalization for the benefit of customers.
However, the combination of
convergence and increased competition in markets brings a new
set of complex challenges for policy makers and regulators. In
order to be able to regulate in markets, it is necessary to have
an understanding of the whole market and dynamics of competition
within it. It follows that policy makers and regulators need to
be positioned so as to have access to all the information
necessary and the powers necessary to regulate efficiently and
fairly. This is very important when it comes to the development
and imposition of authorization and licensing models.
In the new regulatory frameworks a
very important element is the licensing and/or authorization
procedure, which may have a significant influence on competition
and on the behaviour of regulators, investors, historical
operators and new entrants.
Market development and synergies as
well as competition can be stimulated or hampered by the degree
of effectiveness of regulators' licensing and/or authorization
3 Expected output
Overview of different legislative
frameworks, with a major focus on licensing and/or
authorization procedures with a view to identify the main
regulatory trends of the examined models concerned by
Evaluation of the experiences of
both telecom and competition regulators, in particular with
regard to changes in the authorization and licensing
regimes, and the transition from one regime to another.
Explore the impact of the
licensing and authorization regime on competition in a
converged environment (e.g., the degree of competition in
the sector, the number of market players, penetration rates
of Telecommunications/ICT services).
Evaluate the role of national
regulatory authorities and competition authorities in
fostering converged service offers.
Preparation of guidelines and/or
recommendations for those countries which are planning to
introduce new legislation or adapt their existing framework
and establish principles to enable the development of
Examine how national regulatory
authorities and competition authorities define relevant
markets for converged services.
Preparation of guidelines and/or
recommendations for developing countries on the
methodologies for the definition and analysis of relevant
markets for converged service offers and for the
identification of service providers with significant market
After two years, a draft report
addressing the first two issues covered in § 3 above should be
submitted to Study Group [X] for approval.
The draft final report and proposals
for draft guidelines and/or recommendations must be submitted to
Study Group 1 within a maximum period of four years.
The mandate of the group ends after
four years at the latest.
Contributions from Member States and
Sector Members are crucial for the completion of this study. The
start up will be insured by a questionnaire which will be
prepared by the Project Group and sent by BDT to Member States
and Sector Members.
6 Sources of input
The ensuing work of the Project Group
will be based on the analysis of the answers to the
questionnaire and on information obtained through interviews,
informal contacts, reports and surveys.
Cooperation with other ITU Study
Groups is envisaged.
7 Target audience
The output will be mainly addressed to
regulators and decision makers in developing countries, who
might find in the guidelines/recommendations useful reference
information to develop original and efficient regulatory models.