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Regulation of Communications Markets

Authorisation and Licensing

In a competitive communications market, the effective authorisation and licensing of operators and other service providers is key to maintaining a fair and transparent communications environment and ensuring that certain public service obligations are met. It also helps in organising the efficient distribution of scarce resources (e.g. numbering and radio frequency spectrum) between competing operators and provides a mechanism for fairly allocating the costs of regulation between industry participants.

InterConnect Communications can assist in defining or reviewing the framework of the licensing regime so as to ensure the optimum balance between achieving policy and regulatory objectives and in facilitating reasonable ease of entry for prospective market players.

Ensuring that licensing requirements and procedures are efficient, robust and fair to all key market participants is likely to assume increasing importance with the spread of Next Generation Networks (NGNs).

Our experienced regulatory specialists can also assist in outlining the detailed application and issuing requirements for operator licences – including indicating where the use of class licences vs individual licences may be appropriate – and provide draft regulatory instruments and detailed procedures to help implement the process.

Authorisation and licensing regimes will only deliver full benefits if all players are convinced not only of their effectiveness, but also that of the authorities to enforce them and take suitable action against unlicensed operators and other transgressors.

InterConnect can advise on the monitoring and investigatory powers which should be accorded to regulators, and on corresponding statutory reporting obligations on operators. We can devise suitable regulatory procedures to govern the conduct of monitoring and investigatory activities by regulators, and suggest remedial measures and sanctions regimes to assist in the practical enforcement of regulatory compliance.