The Telecoms Trade War – Mark Naftel, Lawrence J. Spiwak
The Telecoms Trade War
The United States, the European Union and the World Trade Organisation
If one were to believe the politicians and pundits in the trade press,the world is in midst of a “telecoms revolution,” resulting from (the) deregulation and new competitive opportunities represented by the 1997 World Trade Organisation Agreement on Basic Telecommunications Services. This may be true. Unfortunately, however, the actions of many regulators and industry participants more accurately reveal not a telecoms “revolution” but instead a growing telecoms trade war that is dangerously close to spiralling out of hand. In this book, Naftel and Spiwak review U.S. and European competition and regulatory initiatives post-WTO and provide both a useful roadmap to today’s U.S., EU and WTO telecoms regulation and an examination of various case studies to illustrate their points. In so doing, the authors discover unfortunately the sad reality that, despite the political rhetoric, regulators on both sides of the Atlantic have eschewed innovative and indeed productive solutions to create a market structure conducive to long-term competitive rivalry. Instead, the authors demonstrate that current policies reveal a growing cynicism towards the maximisation of consumer welfare that will be difficult – if not outright impossible- to remove.
Table Of Contents
PART I: ANALYTICAL AND LEGAL FRAMEWORK
CHAPTER 1: Telecoms Policy for the New Millennium
CHAPTER 2: Why Restructure?
CHAPTER 3: Analytical Framework
CHAPTER 4: Evaluating Competition in a Post-WTO World
CHAPTER 5: The WTO and the Reference Paper: An Ostensible Blueprint for Entry
PART II: US EFFORTS TO PROMOTE TELECOMS COMPETITION
CHAPTER 6: From International Competitive Carrier Paradigm to Effective Competitive Opportunities: The FCC’s
International Policies Pre-WTO
CHAPTER 7: US Policies Post-WTO Part I-Benchmarks and Entry Fees
CHAPTER 8: US Policies Post-WTO Part 2-The Naked Politicisation of the American Legal System
CHAPTER 9: “Do As I Say, Not As I Do”-US Efforts at Promoting Local Telecoms Competition
PART III: EUROPEAN EFFORTS TO PROMOTE TELECOMS COMPETITION
CHAPTER 10: EU Foundations, Institutions and Policies
CHAPTER 11: Europe’s First Steps Towards Telecoms Competition
CHAPTER 12: Does the EU Regulatory Framework Work in the Market?
CHAPTER 13: The EU Approach to the Internet and Data Protection
CHAPTER 14: The EU’s 1999 Telecommunications Review
PART IV: CASE STUDIES IN REGULATORY CYNICISM
CHAPTER 15: Case Study: Comparing the US and EU Approaches to Universal Service
CHAPTER 16: Case Study: FCC’s International Spectrum Policies
CHAPTER 17: Case Study: International Submarine Cable Landing Petitions
CHAPTER 18: Case Study: International Mergers and Global Alliances
CHAPTER 19: Conclusion: O Shame! Where is Thy Blush?
APPENDIX: The FCC’s Competitive Carrier Paradigm
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