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On 1st January 1998, the German telecom market was fully liberalised. Since then genuine competition between market participants has developed, based on a comprehensive legal and regulatory framework that provides for safeguards against unfair competition and market power by Deutsche Telekom. Today, about 10 years after the liberalisation of the telecommunications sector a revision of this regulatory approach has become necessary because at least on three dimensions the situation is quite different from the one 10 years ago: First, with numerous established alternative operators in the market monopolies have been successfully challenged and competition introduced. Second, not only is Cable TV becoming in large parts of Germany a viable alternative for the provision of broadband services but also mobile services are becoming increasingly a substitute for fixed services. Last but not least there are important technological changes under way, requiring huge investments in infrastructure upgrades for next generation networks. In the light of these new developments the question is to which extent the current regulatory approach of severe ex-ante regulatory intervention is still appropriate. Is any part of the network of the former incumbent still a bottleneck? A more light handed regulatory approach might be the right response to this new situation. The paper is organised as follows: The first section will briefly examine the economic rationale for regulating network access. Based on the assumption that regulation is always necessary when bottlenecks exist regulatory principles for an efficient network access regime will be derived. The second section compares the situation of the German market in early 1998 with the one of today. Thereby three dimensions will be considered: the degree of competition, the potential for substitution and technological developments. The third section will define some requirements for the future regulation of telecom markets. Proposals will be elaborated how to ensure competitive telecom markets in the light of new economic and technological challenges.
A key feature of future broadband markets will be diversity of access technologies, meaning that numerous technologies will be exploited for broadband communication. Various factors will affect the success of these future broadband markets, the regulatory policy being one amongst others. So far, a coherent regulatory approach does not exist as to broadband markets. First results of policies so far suggest that less sector-specific regulation is likely to occur. Instead, regulators must ensure that access to networks and services of potentially dominant providers in a relevant broadband market will satisfy requirements for openness and non-discrimination. In this environment the future challenge of regulationg broadband markets will be to set the right incentives for investment into new infrastructures. This paper examines whether there is a need for the regulation of future broadband access markets an if yes, what is the appropriate regulatory tool to do so. Thereby the focus is on the analysis of European broadband markets and the regulatory approaches applied. The first section provides a description of the characteristics of future broadband markets. The second section discusses possible bottlenecks on broadband markets an their regulatory implications. The third section will examine regulatory issues concerning access to broadband networks in more detail. This will be done by comparing the regulatory approaches of European countries and the results in terms of bradband penetration. The final section will give key recommendations for a regulatory strategy on brandband access markets.
Market data for the German telecom market shows that Deutsche Telekom as the former incumbent is constantly loosing shares on all arkets for voice telephony: the market for local calls, the market for long-distance calls and the market for international calls. At the same time prices decline steadily with the latest trend being that operators offer voice services free of charge, the costs of which are covered by a monthly subscription charge. Against this background the paper examines the state of policy and regulatory reform in the telecommunications sector in Germany almost 10 years after the liberalisation of the fixed telecommunications market. Thereby the focus is on the analysis of the competitive conditions that have been established on the German market for voice telephony services. If these retail markets are competitive, there might be a need to remove remaining regulatory provisions. In the new environment of converging markets the future challenge of regulating fixed telecom markets might be to ensure that access to the network and/or services of a potentially dominant provider in a relevant market will satisfy requirements for openness and non-discrimination.