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Reforming e-communications servicesfor consumers and the EU Single
Market. A Critical AssessmentAndrea Renda
CEPS and Duke University
European Parliament12 October 2016
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Infrastructure
Logical layer/traffic management
Open Internet/large platforms
Apps/Services
Content/Data
Users
OTTs
E-commsFixed, mobile,
cable, etc.
Copyrightreform
Source: own elaboration
Skills
New ECC
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A paradigm shift is coming..
• Data boom• Devices and traffic poised to rise dramatically by 2020
• New apps will require mobility, latency, speed, resilience, reliability
• 5G (by 2025?) will require dense networks, spectrum and small cells
• Algorithms, AI and distributed ledgers come to dominate the app and serviceslayer: regulation is impossible without technology and the help of operators
• Are 2025 targets already obsolete?
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An exponential growth path
Source: Deloitte
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Taking stock of regulatory failures
• Access policy has been ineffective for VHC networks
• Access policy is based on competition policy (also broken!)
• The framework was not conceived to deliver the DSM
• The framework has been way too shy on spectrum policy
• The framework is too complex, relies on micromanagement
• The framework was supposed to be transitory…
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An ambitious overhaul?
• Path-dependent• Incremental• “Fragile”• Acrobatic• Retro
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The proposed Code: Fixed connectivity
• Many interesting proposals, but does little to acknowledgeand solve regulatory failures
• Good new instruments, but old access remedies are still there
• Mapping of EU is needed, but will require time and monitoring
• Codification of Three-Criteria-Test requires thorough andmeaningful guidance by the Commission (CONNECT with COMP?)
• Extension of control over remedies is not new, and iscontroversial
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The proposed Code: Mobile connectivity
• Spectrum policy proposal is meaningful and urgent• Huge delay accumulated on 3G/4G, importance of mobility
• Acting early on 5G is essential, but governance is key
• Proposal on pan-EU or pluri-national auctions is welcome, but atrisk of being struck down by Council
• Lack of innovative approaches, eg “incentive auctions” in the US
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The proposed Code: the IMCO angle (1)
• Universal service and numbering proposals are meaningful• Affordability an accessibility are key, availability should be
covered by the DAE and the new 2025 objectives
• OK to include broadband, but need to discuss what “functionalinternet” means in the next years, and the role of mobile
• Need for more effective use of 112 and 116 numbers: costs arehigh, awareness extremely low
• Upcoming trade-offs. What if zero rating could solve problems ofsocial exclusion?
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The proposed Code: the IMCO angle (2)
• From “consumer protection” to “user empowerment”• Using simple, understandable ways to convey information to
consumers on their rights and obligations
• Avoid “confusopoly”. There is need for an online private platformthat informs consumers and facilitates switching (e.g. GSMA-ETNO-BEUC-DE?)
• Guidance on bundles
• Bundled services should be “opt-in” by default
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The proposed Code: the IMCO angle (3)
• OTTs should not be overburdened with obligations• Users are aware of the limits and features of OTT services
• Minimum QoS obligations are ill-advised
• Multi-homing is ubiquitous
• Many horizontal rules already apply to OTTs
• Framework to be simplified and aligned with horizontal rules
• The next review of the consumer acquis should involve also OTTs
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Final reflections (1)
• More of the same, and too late?• An ambitious overhaul would require a dramatic change
of the regulatory toolbox
• DSM sacrificed on the altar of incremental regulation?
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Key priorities
• Mapping exercise
• Extensive guidance on competition tools, USO, spectrum,and coordination of instruments (EFSI, CEF, DAE, ESIF, etc.)
• Spectrum policy convergence/coordination (and morespectrum for 4G/5G)
• Launch private platforms available to end users forinformation, switching, redress
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Reforming e-communications servicesfor consumers and the EU Single
Market. A Critical AssessmentAndrea Renda
European Parliament12 October 2016