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The European Union and Its Electronic Communications Policy

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THE EUROPEAN UNION AND ITS ELECTRONIC COMMUNICATIONS POLICY Thirty years in perspective ANTONIO ALABAU PROFESSOR JEAN MONNET CHAIR OF THE EUROPEAN UNION TELECOMMUNICATIONS AND INFORMATION SOCIETY POLICY VALENCIA POLYTECHNIC UNIVERSITY [email protected] ©Antonio Alabau Edita: FUNDACIÓN VOFAFONE ESPAÑA Diseño de cubierta: Estudio de diseño Servicios Gráficos 88 Fotomecánica e Impresión: Servicios Gráficos 88 ISBN: 84-934740-0-2 Depósito Legal: M-41365-2006 To Telecommunications Policymakers and Regulatory Authorities of the Mediterranean partners of the European Union, in case they are interested in finding out how we have done things on this side of the sea. INDEX Presentation 19 Chapter 1. Introduction 23 Chapter 2. An overview of the telecommunications policy of the European Union 29 1. INTRODUCTION 31 2. BASIC ASPECTS ABOUT THE EUROPEAN UNION'S ELECTRONIC COMMUNICATIONS POLICY 31 2.1. European Union Actions 31 2.2. Electronic Communications Policy and Regulation 32 2.3. Legal bases for the development of the Electronic Communications Regulatory Framework 32 Presentación 3. TELECOMMUNICATIONS, ELECTRONIC COMMUNICATIONS AND THE INFORMATION SOCIETY 33 3.1. Telecommunications and Electronic Communications 33 3.2. Convergence 36 3.3. Telecommunications, Electronic Communications and the Information Society 38 3.4. The role of European Institutions in the Electronic Communications Policy 39 4. THE STAGES OF THE EUROPEAN UNION 39 4.1. The Jenkins Commission. 1976-1981 and the Thorn Commission 1981-1985 40 4.2. The Delors Commission. 1985-1994 40 4.3. The Santer Commission. 1995-1999 41 4.4. The Prodi Commission. 1999 – 2004 42 4.5. The Barroso Commission. Since 2004 44 7 Index 5. TYPES OF ACTIONS IN THE ELECTRONIC COMMUNICATIONS POLICY 44 5.1. The Liberalization process 45 5.2. The Harmonization process of the legislation of Member States 45 5.3. Standardization and Certification of Equipment 46 5.4. The corrective measures of free competition 47 5.5. Other aspects of the Electronic Communications Policy 48 6. THE STAGES OF THE ELECTRONIC COMMUNICATIONS POLICY 48 6.1. 1977-1986 Stage. First Steps 48 6.2. 1987-1998 Stage. First Regulatory Telecommunications Framework 49 6.3. 1999-2005 Stage. First reform of the Electronic Communications Policy 50 6.4. 2005 onwards. Second reform of the Electronic Communications Policy 50 7. CONCLUSIONS 50 Presentación Chapter 3. The preliminary stages of the telecommunications policy. Period 1977 – 1986 51 1. INTRODUCTION 53 2. THE INITIAL STEPS OF THE TELECOMMUNICATIONS POLICY 53 2.1. Background and context 53 2.2. The Commission’s initial proposals, September 1980 56 2.3. Parliament Resolution, March 1981 57 2.4. The Council’s reaction 58 2.5. The situation in Great Britain and in the United States. The issue of British Telecom 58 2.6. The Commission’s new proposal, June 1983 59 2.7. The Commission’s proposal, September 1983 60 2.8. European Parliament Resolution, March 1984 62 2.9. European Commission proposal, May 1984 63 2.10. European Council agreement, December 1984 63 8 Index 2.11. Comments on the initial steps of the Telecommunications Policy 64 3. INITIAL TELECOMMUNICATIONS ACTIONS IN THE EUROPEAN COHESION POLICY 65 3.1. Regional Policy and Cohesion Policy. Overview 65 3.2. Cohesion Objectives in 1984 Telecommunications strategies 67 4. CONCLUSIONS 69 Chapter 4. The start of the telecommunications standardization and certification policy. Period 1977 – 1986 71 1. INTRODUCTION 73 2. OVERVIEW OF THE STANDARDISATION AND CERTIFICATION OF TELECOMMUNICATIONS 73 3. SUMMARY OF THE EUROPEAN UNION'S STANDARDISATION AND CERTIFICATION POLICY 75 3.1. The Standardization Policy in the Treaty of Rome 75 3.2. The Technical Standardization Commitments of the GATT 76 Presentación 3.3. The New Approach of the Community’s Standardization Policy 77 3.4. Technical Standardization after the Single Act of 1986 79 3.5. Overview of the European Union's Certification Policy 81 3.6. The Global Certification Approach of the European Union 82 4. STANDARDISATION AND CERTIFICATION IN TELECOMMUNICATIONS DURING THE PERIOD 1977 – 1986 84 4.1. The first telecommunications standardization-related actions 84 4.2. The Council's Decision on Standardization in the field of Information Technologies and Telecommunications, December 1986 85 4.3. The start of Certification and the opening up of the terminal market 87 5. CONCLUSIONS 89 Chapter 5. The telecommunications liberalisation process. Period 1987 – 1998 91 1. INTRODUCTION 93 9 Index 2. THE STRATEGY OF 1987 93 2.1. Background and context 93 2.2. The Green Paper on Telecommunications, June 1987 94 2.3. The consultation process of the Green Paper, June 1987 96 2.4. The Terminal liberalisation Directive, May 1988 98 2.5. The Resolution of the Council, June 1988 98 2.6. The Resolution of the Parliament, December 1988 99 2.7. The Decision of the Commission, December 1988 100 2.8. European Council Agreement, December 1989 101 2.9. The Commission's Service Directive 90/388 of June 1990 102 2.10. The reactions to the publication of the Service Directive 104 2.11. Article 90 (currently art. 86) of the Treaty 105 2.12. Comments on the results of the 1987 strategy 106 3. THE DECISIONS OF 1993 106 Presentación 3.1. Background and context 106 3.2. The review of the sector’s situation 107 3.3. The Commission's Review, October 1992 108 3.4. The Council Resolution of November 1992 110 3.5. The European Parliament Resolution of April 1993 111 3.6. The Commission's Communication to the Council and Parliament on the consultation, April 1993 112 3.7. The Council Resolution on the review of the situation in the telecommunications sector, June 1993 114 3.8. Comments on the actions of 1993 116 4. THE 1995 STRATEGY 117 4.1. Background and context 117 4.2. The Strategy of the European Union 118 4.3. The White Paper on Growth, Competitiveness and Employment, December 1993 119 10 Index 4.4. The Europe and the Global Information Society Report, May 1994 121 4.5. The Communication: “Europe’s way to the Information Society, July 1994 123 4.6. The Council's Agreement on the Information Society, September 1994 125 4.7. The European Parliament's Resolution on the Information Society, November 1994 126 4.8. Part One of the Green Paper on the liberalisation of infrastructures, October 1994 128 4.9. The Council Resolution on Part One of the Green Paper on Infrastructures, November 1994 129 4.10. Part Two of the Green Paper on Infrastructures, January1995 130 4.11. The European Parliament's Reactions to the Green Paper on Infrastructures, April 1995 132 4.12. The G-7 Ministerial Meeting, February 1995 133 Presentación 4.13. The Commission's Communication on the Green Paper on Infrastructures, May 1995 134 4.14. The Telecommunications Council Meeting, June 1995 138 4.15. The Directive on the Liberalisation of satellite communications, October 1994 139 4.16. The Directive on the liberalisation of cable TV network infrastructures, October 1995 141 4.17. The Directive for the liberalisation of mobile communications services, January 1996 142 4.18. The Directive on the liberalisation of infrastructures and implementation of full competition, March 1996 143 4.19. The separation of Telecommunications business and Television businesses 146 4.20. The Commission's use of Article 90 of the Treaty 147 4.21. Comments on the actions carried out after 1995 148 5. CONCLUSIONS 148 11 Index Chapter 6. The harmonisation of the member states' laws within the first regulatory telecommunications framework. Period 1987 – 1998 149 1. INTRODUCTION 151 2. HARMONISATION IN THE 1987 STRATEGY 151 2.1. Approach 151 2.2. The Open Network Provision principle in the Green Paper of June 1987 152 2.3. The Activities of the Analysis and Forecasting Group 153 2.4. Report on the start-up of the Green Paper, February 1998 and the Council Resolution, June 1988 155 2.5. The Commission’s Communication on progress in the definition of ONP, December 1988 156 2.6. The Council's “Political Agreement”, December 1989 157 2.7. The ONP Framework Council Directive 90/387, June 1990 158 2.8. The development of the ONP Framework Directive 160 Presentación 2.9. The Work Programme of the ONP Committee for 1991, 1992 and 1993 161 2.10. Comments on the development of ONP during the 1987 strategy 163 3. DEVELOPMENT OF THE ONP FRAMEWORK DIRECTIVE 163 3.1. Directive on the application of ONP to Leased Lines, June 1992 164 3.2. Comments on the ONP Directive on Leased Lines 165 3.3. The Council's Recommendation on the application of ONP to packet switching data transmission services 166 3.4. Comments about the Recommendation on ONP in packet switching data transmission services 168 3.5. The Council's Recommendation on the application of ONP to the Integrated Services Digital Network 168 3.6. Comments about the ONP Recommendation on the Integrated Digital Services Network 170 3.7. The Directive ON the application of ONP to Voice Telephony 171 3.9. Comments on the development of ONP in the 1987 telecommunications strategy 175 12 Index 4. HARMONISATION IN THE DECISIONS OF 1993 175 4.1. The decisions of 1993 175 4.2. How ONP was affected by the decisions of 1993 176 4.3. The ONP Work Programme for 1994 176 4.4. Consultation on the studies on future areas of application of ONP, July 1994 and gathering of comments on the consultation, February 1995 177 4.5. ONP Work Programme for 1995 178 4.6. Comments on the development of ONP in the decisions of 1993 178 5. HARMONISATION DURING ACTIONS SINCE 1995 179 5.1. Actions after 1995 179 5.2.
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