Amending German competition law for digital regulation

23.08.2021

Introduction Competition law poses complex problems in its application to digital business models. Many of these digital businesses are designed to operate on two-sided or multi-sided platforms. The presence of direct and indirect network effects[1] and the improved efficiency of algorithms needed to process increased amounts of available data, have contributed to the emergence of large and powerful players. These firms also extend their portfolios by acquiring innovative services, complementary products and existing talent through intense mergers and acquisitions (M&A) activity directed, especially, at promising start-ups. There is a widespread concern that the M&A activity carried out by large players…

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Numbering: NNAI resources in the digital age

03.09.2020

Introduction As technology and services have changed over the past few decades, the use of numbering, naming, addressing, and identification (NNAI) resources have continually evolved. The introduction of direct international dialling, and of mobile communications are the cornerstone of the evolutionary path that now continues into the digital age. Even more influential is the changing environment – the rules of use and the actors within those rules – in which NNAI resources are evolving. The introduction of competition has brought more operators and service providers, and the introduction of regulators[1] has introduced independent oversight of the use of NNAI resources.…

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Numbering: valuation of numbers, portability, and emergency and toll-free numbers

02.09.2020

Introduction The evolution of the use of the NNAI resources in the digital age brings new opportunities and challenges to existing and established concepts. The development of both over-the-top (OTT) services and machine-to-machine (M2M) and Internet of Things (IoT) capabilities, and the access that providers of these capabilities have to NNAI resources, will have an impact on the governance of such resources. This section outlines three such areas of impact: the valuation of numbers, number portability, and the handling of emergency and toll-free numbers. Valuation of numbers The valuation of numbers permits charges to be levied on NNAI resources, and…

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The role of the regulator on national spectrum issues

02.09.2020

Introduction In the telecommunication and information and communication technologies (ICT) sectors, having a stable regulatory framework and governance is key for effective regulation. Spectrum management is one of the many functions regulators perform, which may be challenging as new digital technologies and services emerge. To properly face these challenges, it is important for administrations to consider how spectrum issues are addressed in the national government structure. Considering the technical nature of the spectrum management functions, pressure often exists to design regulatory structures and internal procedures to optimize the use of resources available and increase efficiency. It is important to establish…

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Elements of spectrum management for upcoming technologies

02.09.2020

The need to manage spectrum at the national level The electromagnetic spectrum is a scarce resource that should be properly managed in order to provide the maximum social and economic benefits to society. Because the supply of usable spectrum is finite, its value is determined by the demand for any given frequency range. Balancing the spectrum demands of various applications is a key role for regulators. The implementation of an effective system of spectrum management includes several aspects, such as: Regulators can achieve these goals by implementing best practices in spectrum management, monitoring, and planning. Effective spectrum management considers the…

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Technology innovations driving new spectrum demand

01.09.2020

Introduction The demand for access to many segments of spectrum is increasing, as new technologies allow a variety of applications to make use of a broader range of frequency bands. For example, International Mobile Telecommunications (IMT) applications using the fifth generation of mobile technologies (5G) now compete with incumbent services in low-, mid-, and high-band spectrum. While the most common frequency bands for mobile networks to date have been focused on low- and mid-band spectrum, interest in the use of the high-bands for 5G, such as millimetre wave (mmWave) between 24 GHz and 86 GHz, has put them in focus…

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Collaborative approaches to policy implementation for digital transformation

01.09.2020

Introduction to institutional collaboration Digital transformation is increasingly supporting all sectors of the economy, changing societies and market landscapes while improving access to and delivery of services across multiple industries. This revolution brings both challenges and opportunities, which will require greater collaboration between policy-makers, regulatory authorities, and other stakeholders to effectively harness technological progress and successfully address the challenges of digitalization. The International Telecommunication Union (ITU) has identified how collaborative regulation marks a fundamental change in the way that governments develop regulatory frameworks and rules. It reveals how collaboration among institutions, industry stakeholders, and cross-sector regulators is critical for regulatory…

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Decision-making and enforcement in a multistakeholder environment

01.09.2020

Independence and accountability of the regulator An effective, stable, and credible regulatory framework starts with balancing the independence and accountability of the regulator. An independent regulator can propose, adopt, and implement decisions free from undue political influence, whether from the government or market players. The basic components of an independent regulator – structural, financial, and procedural independence – are crucial to preventing regulatory capture. Elements of an independent regulator Independence does not mean that regulators are above or outside the regulatory framework. Instead, independent regulators play an essential role in the interaction among all stakeholders by acting as objective arbiters…

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Response phase: communication restoration

01.09.2020

Unmanned aerial vehicles (UAVs) In circumstances where mobile base stations or the satellite network are not available after a disaster strikes, some unmanned aerial vehicles (UAVs) could be useful as they can relay traffic widely and observe sites from above. UAVs vary greatly in size, capacity, control technique, flying capability, and flight altitude (between 200 metres and 20 kilometres). Those operating at 20 kilometre altitudes can provide communications over areas 40 kilometres in radius. For communications that mend breaks in existing communications networks, solutions like tethered kites, tethered balloons (Shu 2017), solar powered gliders, and solar powered balloons (Etherington 2019)…

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Preparedness phase: early warning

01.09.2020

Improvements to preparedness, particularly through early warning schemes, save lives. However, they should come from trusted sources, such as the national entity for monitoring and early warning. For hydrological and meteorological events, the national meteorological organization is in charge of issuing those alerts. For instance: In 2015, Tropical Cyclone Pam caused 24 deaths in Vanuatu; it also caused base station towers to collapse, so satellite phones and VHF radio had to be used for communication during the emergency response. In 2017, Tropical Cyclone Donna resulted in no deaths; before it arrived, there had been warnings by radio broadcasts and SMS…

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