The regulatory constraints of deploying fiber networks

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Robert J. Berger" <rberger () ibd com>
Date: November 12, 2004 4:36:05 PM EST
To: Dewayne Hendricks <dewayne () warpspeed com>, Dave Farber  
<dave () farber net>
Subject: FW: [news] The regulatory constraints of deploying fiber  
networks


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From: <CAnet-NEWS () emperor canarie ca>
Date: Fri, 12 Nov 2004 13:46:27 -0500 (EST)
Subject: [news] The regulatory constraints of deploying fiber networks

For more information on this item please visit the CANARIE CA*net 4
Optical Internet program web site at
http://www.canarie.ca/canet4/library/list.html
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[Here are a couple of excellent papers on the regulatory challenges of
deploying fiber networks.  Although there is a general consensus that
facilities based competition is the ideal outcome, there is a lot of  
debate
of how it can be achieved.  Some regulators believe that the mere  
existence
of intermodal technologies such as fiber, wireless and broadband over  
power
line will ultimately create facilities based competition. Other argue  
that
facilities based technologies does not necessarily guarantee facilities
based competition. They argue that incumbents can easily undermine the
business case for new facilities based competition through bundling of
services and leveraging their existing infrastructure paid for by their
customers through their previously sanctioned monopoly. Some countries  
like
Greece and Ireland also believe that government may have to take a more
pro-active role and stimulate the development of facilities based
competition by funding open access condominium regional optical  
networks --
BSA]




In Phoenix Center Policy Perspectives No. 04-04 entitled The Creeping  
Tide
of the Gathering Storm, Phoenix Center President Lawrence J. Spiwak  
argues
that the current FCC has turned the maximum that competition policy  
should
"focus on probabilities, not epheneral possibilities" on its head by  
relying
on anecdotal evidence of intermodal competition to justify the  
increasing
premature deregulation of the incumbent Bell monopolists.  As such,  
Spiwak
arges that as competitive carriers rapidly exit the market, vertical
integration becomes ensconced, and choices continue to diminish, there  
is a
gathering storm on the telecommunications horizon.  Thus, concludes  
Spiwak,
"If end-users ˆ both large and small ˆ don't develop a Œconstituency for
competition' soon and let policymakers know that these issues are  
important
to their bottom-lines, policymakers will continue to ignore telecoms  
users
and the Bells' regulatory capture of the political process will proceed
undiminished."  A copy of this Perpective may be downloaded free at:
http://www.phoenix-center.org/perspectives/Perspective04-04Final.pdf



The 'Legacy Trap' - Regulatory Barriers to Fibre Deployment in the EU

http://www.europeftthcouncil.com/extra/PDF/ 
181_FTTH_Regulatory_Barriers_24-0
6_ _fin_3.pdf

The European FTTH Council is concerned that the current legal and  
regulatory
context fails to provide the private sector with sufficient certainty to
trigger a large-scale deployment that is required for fibre in the local
access network



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