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This book presents a thorough critical examination of the European regulatory
reaction to technological convergence, tracing the explicit and implicit
mechanisms through which emerging concerns are incorporated into regulation
and competition law, and then goes on to identify the patterns that underlie
these responses so as to establish the extent to which the issues at stake,
and the implications of intervention, are fully understood and considered by
authorities. Focusing on ‘conflict points’ – areas of tension inevitably
arising among overlapping regimes – the analysis covers such elements as the
the provision of ‘multiple-play’ services;
the advent of ‘convergent devices’;
the interchangeability of transmission networks;
subscription-based (‘pay television’) services;
the diversification of television services (such as on-demand and niche-theme
the relative scarcity of (premium) content;
the ‘migration’ of television content with cultural and social relevance to
pay television; and
the emergence of ‘bottleneck’ segments in the communications value chain.
Endorsing the adjustment of existing rules to meet pluralist objectives, the
author outlines a single, coherent regulatory approach. He shows how a careful
analysis of the implications of technological convergence helps to solve
conflicts between regimes. Specifically, the analysis addresses the level –
national or EU – at which particular regulatory responses should emerge, the
objectives guiding action, and the tools through which these objectives may be
pursued. These conclusions command the attention of policymakers, regulators,
and lawyers active in the ongoing development of communications law.
With a foreword by Joaquín Almunia.
This work was awarded the 2011 Jacques Lassier Prize.
List of Abbreviations. List of Tables. List of Figures. Foreword by Joaquıín
Almunia. Acknowledgements. Part I The Multiplication of Regulatory Regimes
in Communications Markets. Chapter 1 Technological Convergence and
Its Impact on Television and Telecommunications. Chapter 2 Legacy
Television Regulation: A Defensive Reaction to Technological Convergence.
Chapter 3 The Rise of Competition Law as a Source of Television
Regulation. Chapter 4 Technological Convergence and the Regulation of
Telecommunications: Achievements and Limits of Re-regulatory Reforms.
Chapter 5 The Emergence of ‘Conflict Points’ between Regimes.
Part II An Assessment of Regulatory Choices in ‘Conflict Points’ between
Regimes. Chapter 6 The Acquisition and the Exploitation of Television
Rights: Competition Law and Rivalry Bias. Chapter 7 The Exploitation of
Television Channels: The Limits of the ‘Logic of Foreclosure’.
Chapter 8 Access by Channel Operators to Networks and Multichannel
Distributors: Distinguishing Tools and Objectives. Chapter 9
Reassessing the Role and Scope of Regulatory Regimes. Bibliography. Table of