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References
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1 European Commission (1987), Towards a Dynamic European Economy, Green Paper on the development of the common market for telecommunication services and equipment, COM (87) 290, June 1987 2 Lazer, D and Mayer Schonberger, V (2002), Governing Networks: Telecommunication Deregulation in Europe and the United States, Brooklyn Journal of International Law, 27, 819 3 Burkert, H (2002), The Post-Deregulatory Landscape in International Telecommunication Law: A Unique European Union Approach , Brooklyn Journal of International Law, 27, 739 4 Garzaniti, L (2003), Telecommunications, Broadcasting and the Internet: EU Competition Law and Regulation, Sweet & Maxwell, London 5 de Streel, A (2003), Market De nitions in the New European Regulatory Framework for Electronic Communications, Info, 5, 27 6 de Streel, A (2003), The New Concept of Signi cant Market Power in Electronic Communications: the Hybridization of the Sectoral Regulation by Competition Law, European Competition Law Review, 24, 535 7 Maxwell, W (ed) (2002), Signi cant Market Power and Dominance in the Regulation of Telecommunications Markets, New York 8 Kahai, S K, Kaserman, D L and Mayo, J W (1996), Is the Dominant Firm Dominant An Empirical Analysis of AT&T s Market Power, Journal of Law and Economics, 39, 499 9 Tarrant, A (2000), Signi cant market power and dominance in the regulation of telecommunications markets, European Competition Law Review, 21, 320 10 Nikolinakos, N T (2001), The new European regulatory regime for electronic communications networks and associated services: the proposed framework and access/interconnection directives, European Competition Law Review, 22, 93 11 Ng, LW H (1997), Access and interconnection issues in the move towards the full liberalization of European telecommunications, The North Carolina Journal of International Law and Commercial Regulation, 23, 1 12 Noam, E M (1997), Will Universal Service and Common Carriage Survive the Telecommunications Act of 1996 , Columbia Law Review, p 955 13 Frieden, R M (2000), Universal Service: When Technologies Converge and Regulatory Models Diverge, Harvard Journal of Law and Technology, 13, 395 14 Carey, P and Ustaran, E (2002), E-privacy and online data protection, Butterworths Law, London 15 Comba, M (2002), Constitutional Law, in JS Lena and U Mattei, (eds) Introduction to Italian Law, The Hague, p 31
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61 Introduction
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This chapter provides an overview of different models for deploying broadband and attempts to highlight the advantages and disadvantages of each approach The choice of model depends on local circumstances, the legal situation of the country concerned, and also, to a large extent, on the will of the local or regional community Therefore, after discussing the models, we are going to brie y summarize the different forms of public private partnership The third and last part of this chapter will provide some legal and economic considerations related to the models
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62 Overview of models for public involvement
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Three of the ve models are illustrated later by graphs in Figures 61 through 63, depicting the different levels in the broadband value chain In each model, the level of intervention by the local or regional authority is marked with a horizontal dashed line Tables 61 and 62, also later in the chapter, are intended to help in making comparisons between relative advantages and disadvantages, and in assessing how well the different models can be combined Regardless of the model that is chosen, there are some important steps to be taken: 1 Communities will need to raise awareness of the bene ts of broadband services to all stakeholders of the community to stimulate interest
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Broadband Services: Business Models and Technologies for Community Networks Edited by I Chlamtac, A Gumaste and C Szab C 2005 John Wiley & Sons, Ltd ISBN 0-470-02248-5 o
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2 They will need to carry out a community needs assessment of both public and private sectors in order to estimate potential demand for broadband services 3 They will need to establish the business case for whatever type of intervention they choose in order to ensure ef cient usage of any public funds 4 Furthermore, communities will have to decide whether they want to act on their own, or if they would prefer to enter into a public private partnership Section 64 of this chapter describes in more detail the most common forms of public private partnership 5 Finally, communities that decide to build a network or offer end user services will have to set up a separate legal entity at arm s length from the local authority This is a legal requirement owing from the EU regulatory framework for electronic communications, which requires that those authorities that have regulatory powers relevant to electronic communications services have to be separate from those entities that provide these services The objective of this legal requirement is to ensure that there will be no con ict of interest for the public authority in its role as the authority awarding rights of way to various operators
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