49568 - Telecommunications Law I - A

Learning outcomes

Preamble. A Telecommunications law class may need an introductory part concerning general and institutional law foundations/structure, if set in a context in which no other law classes are scheduled. The aim of this introduction is to give the theoretical instruments needed to understand the telecommunications law.

Course purpose. To provide the theoretical instruments needed to comprehend the regulatory scheme governing the field in relation with the technical premises that shape Legislator’s and Authority’s choices. The student should acquire the appropriate legal instruments in order to be able to operate in a sector which is characterized by the steady interaction between telecommunication firms and Public Authorities.
The course’s aim is to provide normative instruments and knowledge required to professionals operating in the telecommunications field.

Course contents

1. Introduction.
- Regulation and legal order. Law, community and social structures/organisations. State, sovereignty and public power. legal order subjects and subjective juridical situations.
- National and international legal orders. European Union's legal order. Economics law production sources.
- Administrative function. Public Administration. Authorities and regulation Authorities. Administrative acts. Relations between Public administration and third party. Public Administration action. Production/supply of goods and general interest services. Organizational systems: public and private systems. Public and private companies.
- Evolution of the structure. Technical, economic, social reasons and the situation of natural monopoly of (some) public services. Consequences: curtailment of the private economic initiative. The constitutional foundation. The legal reserve principle.

2. Legal foundations and principal features of telecommunications regulation.
- Definition of the term telecommunication. Audiovisual field. Telecommunications and telephony sector.
- Structural features of telecommunications and reasons of national monopolies. The legal foundations of the institution of monopoly and its overtaking: economic foundations and technological innovation outcomes on telecommunications law.
- Legal outlines of telecommunication regulation, in respect to legal monopoly.
- The relation between telecommunications and freedom rights constitutionally protected.

3. Supranational telecommunications regulation.
- Effects of European Union's legal order on national legal order. Substitution of competition principle to legal reserve principle. Public service and universal service.
- The introduction of competition in the telecommunications sector by means of regulation (schemes).
- Normative liberalization and opening to the unique market imposed by EU law.
- EU Treaty principles. Open network provision (ONP) and third party access (TPA).
- Telecommunications liberalization. Alternative infrastructures to by cable network.
- Mobile telephony. Liberalization of advanced telecommunications services and vocal telephony.
- Local Loop market access. Data transmission services and Internet access supply.
- Normative action and functions of international institutions (International Telecommunications Union ITU; ETSI).

4. Towards a legal system of electronic communications. National legal order.
- Consequences of EU telecommunications liberalization on national regulation. Regulation diversification of telecommunications and audio-visual transmissions.
- Converging process: electronic communications.
- Sector regulation: Authority, Communications Ministry competences. Authority role.
- Free market and administrative constraints to firms: individual licenses and general authorizations. Shrunk procedures to entrust special licenses (UMTS, etc.).
- Tlc activities regulation. Third party access to infrastructures. Telecommunications market entrance and exit barriers.
- Tariffs fixing: access and users. Semi-administered rates and price-cap systems; free rates.
- Nature of electronic communication goods (networks and plants). Environmental, urban and healthcare problems.

5. The system of radio and television with editorial contents.
- Audio-visual transmissions with editorial contents regulation.
- Constitutional principles. Freedom of speech and expression, freedom of information.
- Integrated communication system (ICS). Problems related to the normative diversification: electronic communications and Audio-visual transmissions with editorial contents regulations.

6. Protection problems affecting the transition to a competitive electronic communications market.
- Protection of telecommunications competitive market mechanism. Firms' position.
- EU Commission's and Court's of Justice roles.
- Antitrust Authority's role and judicial protection instruments.
- Telecommunications market organization during the transit to competition. Public service and universal service. Universal service duties.
- Tariffs regulation's limits. Universal service's financing problems and competition restraints.
- Asymmetric regulation of Tlcs providers.
- Contractual relation between users and Tlc providers. Providers' liability. Tlcs services charter.

Readings/Bibliography

Readings will be recommended during the course.

Assessment methods

Oral examination aimed to verify the understanding of the regulatory scheme governing the sector.

Office hours

See the website of Daniele Senzani