Page 57 - Trends in Telecommunication Reform 2016
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equal, open-access basis. Regulators play a    prioritized in those areas where market failure
                   key role in ensuring that wholesale networks   has occurred.                                     Chapter 1
                   owned by dominant operators – particularly
                   when funded by public funds – are available   Regulators have also played a key role in attracting
                   on a non-discriminatory basis to help reduce   new market entrants, leading to innovative
                   the costs and barriers for new market entrants   approaches to broadband investment. Regulators
                   wishing to invest in broadband infrastructure.   can:
                   Open access can be mandated by the regulator
                   through a licensing process or by ensuring   •  Allow operators to decommission and
                   that government fibre deployments are          liquidate their copper networks, which can
                   designed on an open-access basis to promote    provide an attractive cash source to invest in
                   infrastructure competition.                    broadband networks. However, this will only
                                                                  be possible in countries without mandates
               •  Rural interventions have largely led to         for wholesale services such as local loop
                   deployment of wireless solutions due to the    unbundling (LLU) and bitstream services,
                   challenging economics of rural and hard-       which may have to be preserved for open-
                   to-reach areas. Regulators have played an      access availability to other providers.
                   important role in encouraging operators to
                   explore alternative ways of reducing costs for   •  Ensure that market conditions are conducive
                   such wireless networks. The interventions      to attracting investment from new entrants.
                   vary in their nature, from building shared,    For example, it is important for new entrants
                   passive infrastructure to encouraging active   to be clear about the existing infrastructure
                   infrastructure sharing and spectrum pooling.   (e.g. ducts, telephone poles) they can use
                   Regulators will need to set up processes to    and the rules that guide that usage. Other
                   monitor the market to ensure that operators    important aspects include having quick access
                   are being treated fairly. They will also need to   to construction and permission licences.
                   set out guidelines for sharing infrastructure
                   and pooling spectrum if these are being     •  Consider authorizing pilot projects to
                   considered.                                    attract market interest, in order to promote
                                                                  investment in new technologies. Regulators’
               •  Network-sharing deals (particularly for mobile   reluctance to facilitate technical trials,
                   operators) have been subject to much less      particularly with wireless technologies, may
                   regulatory and competition oversight than in-  dampen investment.
                   market consolidation deals. A wave of network
                   outsourcing deals has convinced regulators   •  Play a role in encouraging community
                   that operation of networks and delivery of     broadband networks. In February 2015, the
                   services are two distinct things. Meanwhile,   U.S. Federal Communications Commission
                   end users benefit from improved coverage,      allowed two community broadband providers
                   particularly in rural areas.                   in the states of Tennessee and North Carolina
                                                                  to expand the geographical range of their
               •  Regulators may play a role in directing         services. The law in these two states had
                   investment or offering licences to encourage   previously prevented such expansion from
                   broadband investment in those areas            taking place.
                   needing it most. Regulators can also ensure
                   that licensed operators meet performance    Some of the regulatory factors investors consider
                   standards, that interconnection agreements   particularly important are detailed extensively in
                   are upheld, and that prices are competitive.   the 2009 edition of Trends in Telecommunications
                   In these cases, regulators need to set up   Reform.  These aspects are still valid
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                   processes to gather market information      considerations that regulators and governments
                   and monitor the market on a regular basis.   should take into account when developing or
                   Other, less direct roles include facilitating   considering regulatory policy.
                   information-sharing by providing up-to-date
                   broadband coverage and mapping data,
                   allowing infrastructure investment to be




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