The Regulatory and Spectrum Management Scenario in Telecom Network Optimization

Editor's Notes

• #5 1. Is the problem correctly defined? The problem to be solved should be precisely stated, giving evidence of its nature and magnitude, and explaining why it has arisen (identifying the incentives of affected entities). 2. Is government action justified? Government intervention should be based on explicit evidence that government action is justified, given the nature of the problem, the likely benefits and costs of action (based on a realistic assessment of government effectiveness), and alternative mechanisms for addressing the problem. 3. Is regulation the best form of government action? Regulators should carry out, early in the regulatory process, an informed comparison of a variety of regulatory and non-regulatory policy instruments, considering relevant issues such as costs, benefits, distributional effects and administrative requirements. 4. Is there a legal basis for regulation? Regulatory processes should be structured so that all regulatory decisions rigorously respect the “rule of law”; that is, responsibility should be explicit for ensuring that all regulations are authorised by higher-level regulations and consistent with treaty obligations, and comply with relevant legal principles such as certainty, proportionality and applicable procedural requirements. 5. What is the appropriate level (or levels) of government for this action? Regulators should choose the most appropriate level of government to take action, or if multiple levels are involved, should design effective systems of co-ordination between levels of government. 6. Do the benefits of regulation justify the costs? Regulators should estimate the total expected costs and benefits of each regulatory proposal and of feasible alternatives, and should make the estimates available in accessible format to decision-makers. The costs of government action should be justified by its benefits before action is taken. 7. Is the distribution of effects across society transparent? To the extent that distributive and equity values are affected by government intervention, regulators should make transparent the distribution of regulatory costs and benefits across social groups. 8. Is the regulation clear, consistent, comprehensible and accessible to users? Regulators should assess whether rules will be understood by likely users, and to that end should take steps to ensure that the text and structure of rules are as clear as possible. 9. Have all interested parties had the opportunity to present their views? Regulations should be developed in an open and transparent fashion, with appropriate procedures for effective and timely input from interested parties such as affected businesses and trade unions, other interest groups, or other levels of government. 10. How will compliance be achieved? Regulators should assess the incentives and institutions through which the regulation will take effect, and should design responsive implementation strategies that make the best use of them.
• #6 Establish principles of “good regulation”, drawing on the 1995 OECD Recommendation on Improving the Quality of Government Regulation. Good regulation should: serve clearly identified policy goals, and be effective in achieving those goals; have a sound legal and empirical basis; produce benefits that justify costs, considering the distribution of effects across society and taking economic, environmental and social effects into account; minimise costs and market distortions; promote innovation through market incentives and goal-based approaches; be clear, simple, and practical for users; be consistent with other regulations and policies; and (viii) be compatible as far as possible with competition, trade and investment-facilitating principles at domestic and international levels.
• #7 RIA then is an adjunct to good decision-making. In the United Kingdom, Compliance Cost Assessments are used to inform ministers of likely costs to businesses and to ‘‘identify the key factors on both sides of the equation as an aid (not a substitute for) the Government’s social and political judgement....’’ (UK Department of Trade and Industry, 1985). RIA is perhaps best understood as one ‘‘decision method’’ among several methods used to reach regulatory decisions. The methods used by regulators in OECD countries to reach decisions can be simplified into five categories: 1. Expert – The decision is reached by a trusted expert, either a regulator or an outside expert, who uses professional judgement to decide what should be done. 2. Consensus – The decision is reached by a group of stakeholders who reach a common position that balances their interests. 3. Political – The decision is reached by political representatives based on partisan issues of importance to the political process. 4. Benchmarking – The decision is based on reliance on an outside model, such as international regulation. 5. Empirical – The decision is based on fact-finding and analysis that defines the parameters of action according to established criteria.
• #17 As users increasingly demand anywhere, anytime connectivity, the use of wireless technologies has become more and more widespread inevitably forcing an increase in demand for the radio spectrum, particularly at UHF frequencies which support the high bandwidths as well excellent propagation characteristics enabling cost effective network roll-out. However, conflicting requirements from many different users can make it difficult to manage the spectrum efficiently unless there is a policy which a regulator or administration can use to inform critical decisions. The spectrum management policy, therefore, is a key instrument. It documents the basis on which spectrum managers will take decisions concerning which uses of the radio spectrum to permit, which uses and users of the radio spectrum to give priority to over others and, very importantly, what mechanisms will be used in charging for access to radio spectrum. Its core objective should be to create a predictable environment for current and future use of the radio spectrum, and to enable spectrum to be used in a manner which will bring the greatest benefits to society. This may be achieved through policy elements which: Encourage efficient spectrum use; Encourage the introduction of more spectrally efficient technologies; Support the development of rural communications; Support the spectrum needs of the emergency and security services; and Encourage technological innovation and competitiveness. Developing such policies requires analysis of a number of key factors, notably government policies towards the different sectors which require access to radio spectrum, the future demand for spectrum from the various potential users, the availability of spectrum and international and regional agreements, regulations and restrictions. Policymakers must also understand and take into account the views of many disparate (and often conflicting) users and, where appropriate, international best practice. Reconciling all these requirements and restrictions in creating a policy which can be used in practical circumstances to inform decisions on spectrum often requires an independent party to work with all interested agencies, providing an unbiased approach to reaching reasonable and workable solutions. InterConnect Communications has extensive experience in working with regulators, administrations and other interested parties worldwide to produce robust, useable policies either for the whole of the radio spectrum or for specific services (such as mobile, broadcasting, maritime, aviation or governmental).
• #19 Availability of the Frequency Bands RR S4.2: “ Members undertake that in assigning frequencies to stations which are capable of causing harmful interference to the services rendered by the stations of another country, such assignments are to be made in accordance with the Table of Frequency Allocations and other provisions of the Radio Regulations." Article S5 of the Radio Regulations : basic condition and starting point in the selection of the appropriate frequency band.
• #20 Allocation of Frequency Bands worldwide allocations regional allocations (for the purpose of the allocation of frequencies the world has been divided into three Regions) sub-regional allocations and national allocations. worldwide character of the international aeronautical and maritime mobile services tendency of having worldwide allocations governed by provisions of the Radio Regulations which are generally applicable all over the world