[IP] The regulatory constraints of deploying fiber networks
Begin forwarded message:
From: "Robert J. Berger" <rberger@xxxxxxx>
Date: November 12, 2004 4:36:05 PM EST
To: Dewayne Hendricks <dewayne@xxxxxxxxxxxxx>, Dave Farber
<dave@xxxxxxxxxx>
Subject: FW: [news] The regulatory constraints of deploying fiber
networks
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From: <CAnet-NEWS@xxxxxxxxxxxxxxxxxx>
Date: Fri, 12 Nov 2004 13:46:27 -0500 (EST)
Subject: [news] The regulatory constraints of deploying fiber networks
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[Here are a couple of excellent papers on the regulatory challenges of
deploying fiber networks. Although there is a general consensus that
facilities based competition is the ideal outcome, there is a lot of
debate
of how it can be achieved. Some regulators believe that the mere
existence
of intermodal technologies such as fiber, wireless and broadband over
power
line will ultimately create facilities based competition. Other argue
that
facilities based technologies does not necessarily guarantee facilities
based competition. They argue that incumbents can easily undermine the
business case for new facilities based competition through bundling of
services and leveraging their existing infrastructure paid for by their
customers through their previously sanctioned monopoly. Some countries
like
Greece and Ireland also believe that government may have to take a more
pro-active role and stimulate the development of facilities based
competition by funding open access condominium regional optical
networks --
BSA]
In Phoenix Center Policy Perspectives No. 04-04 entitled The Creeping
Tide
of the Gathering Storm, Phoenix Center President Lawrence J. Spiwak
argues
that the current FCC has turned the maximum that competition policy
should
"focus on probabilities, not epheneral possibilities" on its head by
relying
on anecdotal evidence of intermodal competition to justify the
increasing
premature deregulation of the incumbent Bell monopolists. As such,
Spiwak
arges that as competitive carriers rapidly exit the market, vertical
integration becomes ensconced, and choices continue to diminish, there
is a
gathering storm on the telecommunications horizon. Thus, concludes
Spiwak,
"If end-users ˆ both large and small ˆ don't develop a Œconstituency for
competition' soon and let policymakers know that these issues are
important
to their bottom-lines, policymakers will continue to ignore telecoms
users
and the Bells' regulatory capture of the political process will proceed
undiminished." A copy of this Perpective may be downloaded free at:
http://www.phoenix-center.org/perspectives/Perspective04-04Final.pdf
The 'Legacy Trap' - Regulatory Barriers to Fibre Deployment in the EU
http://www.europeftthcouncil.com/extra/PDF/
181_FTTH_Regulatory_Barriers_24-0
6_ _fin_3.pdf
The European FTTH Council is concerned that the current legal and
regulatory
context fails to provide the private sector with sufficient certainty to
trigger a large-scale deployment that is required for fibre in the local
access network
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