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The Telecoms Trade War
By
Mark Naftel and Lawrence J. Spiwak
Description
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.
Mark Naftel is a
telecommunications lawyer and Partner at Norton Rose
Solicitors,London. He is also an Adjunct Fellow of the Phoenix
Centre.
Lawrence J Spiwak
is the President of the Phoenix Center for Advanced Legal and
Economic Public Policy Studies in Washington, DC. He is an
internationally recognized authority on the legal and economic issues
affecting telecommunications.
Contents
Acknowledgements
Table of
Abbreviations
Pt. I Analytical
and Legal Framework
Ch. 1 Telecoms
Policy for the New Millennium
Ch. 2 Why
Restructure?
Ch. 3 Analytical
Framework
Ch. 4 Evaluating
Competition in a Post-WTO World
Ch. 5 The WTO and
the Reference Paper: An Ostensible Blueprint for Entry
Pt. II US Efforts
to Promote Telecoms Competition
Ch. 6 From
International Competitive Carrier Paradigm to Effective Competitive
Opportunities: The FCC\\\'s International Policies Pre-WTO
Ch. 7 US Policies
Post-WTO Part 1 - Benchmarks and Entry Fees
Ch. 8 US Policies
Post-WTO Part 2 - The Naked Politicisation of the American Legal
System
Ch. 9 \"Do As
I Say, Not As I Do\" - US Efforts at Promoting Local Telecoms
Competition
Pt. III European
Efforts to Promote Telecoms Competition
Ch. 10 EU
Foundation, Institutions and Policies
Ch. 11 Europe\\\'s
First Steps Towards Telecoms Competition
Ch. 12 Does the
EU Regulatory Framework Work in the Market?
Ch. 13 The EU
Approach to the Internet and Data Protection
Ch. 14 The EU\\\'s
1999 Telecommunications Review
Pt. IV Case
Studies in Regulatory Cynicism
Ch. 15 Case
Study: Comparing the US and EU Approaches to Universal Service
Ch. 16 Case
Study: FCC\\\'s International Spectrum Policies
Ch. 17 Case
Study: International Submarine Cable Landing Petitions
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