Artech House Communications Law and Policy Library

By: Jennifer A. Manner

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Hardcover | 30 April 2002

At a Glance

Hardcover
268 Pages

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23.5 x 17.15 x 1.91

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This work offers professionals and students an understanding of the regulatory, economic, business, and public policy considerations associated with entry into global telecommunications markets from a commercial governmental and legal perspective. The primary focus of this work is on the regulatory environment, and how it impacts market access strategies and implementation of these strategies. The text addresses the issue of how to structure a venture so that it can operate within differing regulatory regimes. It provides an overview of market access for a variety of technologies including Internet, data services, voice, mobile services, and more. This information resource includes an overview of the tools available to help professionals ensure that a competitive market is created and fostered on a day to day basis.

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You Can Find This Book In

Non-Fiction Law Laws of Specific Jurisdictions IT & Communications Law Economics International Economics Industry & Industrial Studies Media, Entertainment, Information & Communication Industries Information Technology Industries Engineering & Technology Electronics & Communications Engineering Communications Engineering & Telecommunications

Postal & Telecommunications Industry Business & Management Sales & Marketing

Preface	p. xiii
Acknowledgments	p. xv
Global telecommunications law, policy, and regulation	p. 1
Introduction	p. 2
The current status of the electronic communications sector	p. 4
The process of achieving competition: privatization, liberalization, and effective regulation	p. 6
The basic formula to achieve effective competition	p. 6
Current status of effective competition	p. 10
Pressures on the creation of effective competition	p. 13
The impact of failure to open the market to effective competition	p. 15
Direct impacts of the failure to create competition	p. 15
Indirect impacts of the failure to liberalize	p. 16
Overall impact of market openness on the creation of a viable telecommunications business and its customers	p. 18
Impact on a viable telecommunications business	p. 18
Business customer woes	p. 20
Individual markets must address their specific needs in creating a competitive market	p. 20
References	p. 21
Selected bibliography	p. 22
The basic regulatory equation: the foundation for competition	p. 23
The basic regulatory equation	p. 23
Why competition?	p. 24
A brief chronology	p. 24
Influences	p. 30
The needs of the business community	p. 30
Technological innovations	p. 32
Government needs	p. 33
Societal needs	p. 33
International pressure	p. 34
Subsidiary goals	p. 36
Privatization	p. 38
Different forms of privatization	p. 39
The status of the privatization process	p. 40
Liberalization	p. 41
The components of a successful liberalization process	p. 41
Liberalization may be phased in	p. 42
The effectiveness of the liberalization process	p. 44
The result	p. 44
An effective regulatory regime	p. 47
Deregulation: a hidden component	p. 49
The result: recent case studies	p. 50
Switzerland: a non-EU country that has adopted EU-like telecommunications regulations	p. 50
Brazil: a market on the move	p. 51
Hong Kong: making progress	p. 53
Conclusion	p. 55
References	p. 55
Selected bibliography	p. 56
The historical evolution of global telecommunications markets	p. 57
The evolution of telecommunications markets	p. 58
The beginning	p. 58
The dawn of the computer and wireless age: increased globalization means pressure on the traditional PTT model	p. 62
The political and legal decision to move forward	p. 64
The initial incremental step: establishing and implementing a regulatory regime	p. 65
The next incremental step: privatization of the incumbent service provider	p. 66
The liberalization step	p. 67
The continuing step of creating effective regulation	p. 68
Examples of market evolution	p. 69
The Americas	p. 70
A new, unified Europe	p. 77
Asia Pacific	p. 81
The Middle East	p. 87
Africa	p. 88
References	p. 90
Difficulties of opening markets to effective competition: domestic remedies	p. 93
Overview	p. 93
Why governments are hesitant to open their markets to effective competition	p. 94
Privatization and liberalization: what went wrong?	p. 97
Privatization failures	p. 97
Liberalization	p. 102
Domestic remedies	p. 104
Legal	p. 106
Regulatory	p. 106
Other government agencies	p. 108
Judicial	p. 108
Political bodies	p. 109
Next steps	p. 109
References	p. 109
International market opening and leveling tools	p. 111
Overview	p. 111
The use of international organizations to obtain results	p. 113
The International Telecommunication Union	p. 113
The WTO	p. 115
OECD	p. 119
The World Bank	p. 120
Regional organizations	p. 120
Bilateral and other multilateral trade agreements	p. 121
Intergovernment relations	p. 122
The role of competition and international trade law	p. 124
The need for a global regulator	p. 125
References	p. 126
Creating a basic corporate strategy for market access	p. 127
Profitability as a goal	p. 129
Formulating a basic corporate entry strategy	p. 130
Identifying a customer base	p. 130
Identifying a service product	p. 131
Identifying technologies	p. 132
New entrant or incumbent service provider	p. 134
Entry as an incumbent	p. 134
Entry as a new entrant	p. 135
The decision to be a regional or global player	p. 136
Pulling the corporate strategy together	p. 136
Case study: MarathonTel, an overview of the company and its corporate strategy	p. 137
References	p. 138
Evaluating individual market opportunities	p. 141
Overview	p. 141
Identifying opportunities	p. 142
Opportunities presented to the potential entrant	p. 143
Opportunities that the potential entrant seeks out	p. 144
Opportunities that the potential entrant creates	p. 144
The due diligence	p. 145
The overarching review of the basic regulatory formula factors	p. 146
The due diligence checklist	p. 146
Introduction to the review process of the due diligence analysis	p. 153
Continuation of case study: MarathonTel expands its corporate services to Eastern Europe	p. 154
The opportunity	p. 154
The review process	p. 155
Basic regulatory review	p. 155
Due diligence review	p. 155
Review of the opportunity	p. 160
References	p. 161
Structuring global telecommunications ventures	p. 163
Overview	p. 163
Overview of the general forms of entry	p. 164
Common attributes of structures where entrant is the service provider	p. 165
Common attributes of structure where third party is the service provider	p. 167
Considerations specific to each of the five basic forms of entry	p. 169
Full operating company	p. 169
Joint venture	p. 171
Limited network entry strategy	p. 172
Leveraging a third-party network	p. 174
Reseller agreement	p. 175
Continuation of case study: form of entry	p. 176
References	p. 177
Selected bibliography	p. 177
Structuring a market to attract investors	p. 179
Overview	p. 179
Goals for the market	p. 183
Public goals	p. 185
Determining government priorities	p. 186
References	p. 187
Selected bibliography	p. 187
Conclusion: where are we headed?	p. 189
The model of a competitive telecommunications market	p. 190
Impact of retrenchment	p. 190
The future of the telecommunications industry	p. 192
List of Web sites	p. 195
List of abbreviations and acronyms	p. 199
Glossary	p. 203
About the author	p. 239
Index	p. 241
Table of Contents provided by Syndetics. All Rights Reserved.

Artech House Communications Law and Policy Library

At a Glance

Hardcover

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