It is often said that to be an effective regulator in the communications business you have to be an amalgam of lawyer, engineer and economist. This has never more true than at present, where the entertainment and telecoms worlds have noisily collided, resulting in an avalanche of complex paperwork from the European Commission and from Ofcom.
Mike Conradi will be well known to those CMA members who attend our seminars and focus days, where he is a familiar presence. He serves on our “Regulatory College” where he advises and comments on the flood of consultations that come from the Regulator and the Government. In this book he has written a superb introduction to the scene and, as General Editor, has orchestrated contributions from other lawyers over 8 chapters, the whole covering virtually every sub-set of Ofcom activity – content and telecoms. Mike has not attempted to cover regulation in other Member States – his book is UK-specific.
But this is not a book riddled with legalese. It does not set out to advise or instruct on intricate points of law. However, it does contain, for those interested, a Table of Statutes, of Statutory Instruments, of European Statutes and of Ofcom Decisions under the Competition Act. The main content, however, is a very readable description and explanation of the rules and regulations relating (among other things) to:
- The five EU Directives that make up the “Framework” (and here Mike is as much up to date as the publishing cycle will allow – a footnote on page 8 explains how the new Framework has been held up by arguments over “three-strikes” proposals. The book also details all the changes that the new Framework will introduce);
- The 2003 Coms Act;
- The 2007 Audio Visual media Services Directive (that is going through the process of being introduced into UK law);
- RIPA;
- The WT Act and Ofcom’s approach to spectrum management.
There are chapters on SMP, on Privacy issues, and on the Powers and Duties of Ofcom. I found the chapter on Openreach and BT’s “Undertakings” to make fascinating reading. In short, this is a book that opens a window on a vitally important area that affects us all. As Mike says:
“I think it would be useful to regulatory affairs departments of telcos and service providers, and also to enterprises which themselves purchase communications services.”
I can only concur.
Communications Manager's Association
It would be a safe bet to assume that the insatiable demand for focused guidance on the regulatory aspects of the communications sector in the United Kingdom is likely to continue for a while yet. The reasons are not far to seek: in the words of the editor of this handy volume.
As the long heralded era of ‘convergence’ finally seems to be arriving, each year brings an array of new types of services and products each of which raises its own issues in terms of regulation. Even leaving aside the technological aspect, communications regulation is uniquely interesting as it involves issues of competition law, data protection, content rules, wireless telegraphy and public law.
The rich and fascinating range of developments in each of those areas in covered in considerable details in the book. The central focus is, unsurprisingly, the regulatory framework colloquially called ‘the 2003 regime’, which consists of the five major European directives: the Framework Directive, the Authorisation Directive, the Access Directive, the Directive on Universal Service, and the E-Privacy Directive. These have of course informed relevant national legislation, notably the Communications Act 2003, which occupies centre stage in the book.
The authors, all specialist practitioners in their field, also signpost key changes in the offing, including: the creation of the proposed Body of European Regulators for Electronic Communications (BEREC) which will replace the European Regulators Group; a significant liberalisation of spectrum use and trading; adoption of a new GSM Directive which will accelerate the roll-out of 3G coverage across Europe; wide-ranging reform of National Authorities; and a strengthening of consumer protection measures.
All in all, this is a book which no serious practitioner of communications law can afford to ignore. Given the frenetic pace of change in this sector, however, it will be very surprising if the authors and their publisher do not come under sustained pressure to bring out a new edition in the work quite soon.
The Commonwealth Lawyer, April 2010