Dec. 3, 2014

Breaking news

The Swiss Confederation has published 19 November 2014 a consultation paper in a view to reform its federal telecommunications regulatory law (the Swiss Federal telecoms regulator is the Federal Communications Commission (ComCom), which articulates with the Federal Office of Communications (OFCOM).

Available in several languages, the document is titled: Dynamic telecoms market requires modern legal bases.
End of the document, the Confederation reports that it raises that State presence in the capital of Swisscom is legitimate (information that hasn't perhaps belong in a consultation document).

The consultation document intends to proceed with a progressive review". A first step of review will take place late 2015.
 
First, it will focus on international roaming, for which Swiss prices are too high but for which the ceiling price technique is rejected, the protection of youth or the need for market participants to register including Internet players.
In addition, the consultation focuses on increasing access to networks, including passive infrastructure, to increase competition. It is envisaged to grant the Federal Communications Commission (ComCom) ex officio powers.
Other issues will be discussed after 2015, for example universal service and neutrality in order to "not to break the dynamics of investment."

Operators have already protested about the narrowness of the consultation, in particular because the issue of optical fiber is not asked!footnote-5.
 

Dec. 1, 2014

Breaking news

The laws are general and abstract. It is the mark of their modernity (Max Weber) and the mark of the rule of law. Thus, a State adopting or applying for adoption of a text against a designated person or a company that aims is literally backwards.

However, France and Germany have asked 27 November 2014 to the European Commission to take steps against those who hold the platforms on the Internet, including search engines. Everyone knows that this is the famous "GAFA" (Google, Apple, Facebook and Amazon).

It seems that the EU institutions fit, since the European Parliament voted on November 27 a text saying that it could ban these companies to monetize their platform activities themselves.

By their regulatory perspectives, Europe gets "retrograde" against the US dynamism?

At first glance, one might say. But it may be that these companies have become "critical", they take the heart of the digital economy, or even the knowledge economy and social cohesion. In such cases, the regulation of these objective phenomena justifies intervene directly in companies in which the social group comes to identify itself. If the company comes to stifle others, it is not that it stifles competition only, but innovation and free expression.

Then pass the mere vigilance competition law instruments of regulation, common in banking and financial law, such as transparency requirements.

This demonstrates Regulation and Supervision meet when companies become crucial.

Updated: Jan. 9, 2012 (Initial publication: Jan. 9, 2012)

Thesaurus : Doctrine

Droit des contrats, loi, régulation, autorégulation et corégulation. Commentaire de la loi du 21 juin 2004 pour la confiance dans l'économie numérique

Updated: Dec. 20, 2011 (Initial publication: Dec. 20, 2011)

Thesaurus : Doctrine

Voluntary regulation : la règle privée face à la loi