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Updated: Sept. 10, 2012 (Initial publication: Sept. 4, 2012)

Breaking news

On 28 August 2012, Switzerland implements the next postal sector Regulation.

The "Confédération Suisse" (Swiss Confederation) has decided to establish a new regulatory system to make more effective liberalization of the postal sector, playing both on competition, the strengthening of the powers of the regulator and the privatization of the incumbent operator. The system entering in place on the 1st of October 2012, the "Conseil Fédéral" (SwissFederal Council) appointed the new board members of the "Poste Suisse (Swiss Post)" as well as those who will lead the new regulator: the Commission de la Poste - PostCom". We observe that these are the former managers of the "Post Suisse".

Updated: Aug. 28, 2012 (Initial publication: Aug. 23, 2012)

Breaking news

On August 3, 2012, the Royal Bank of Scotland attributed to individual behaviour the breaches to the rules of operation of the Libor.

Libor is the rate of Exchange on the interbank market, important in that and also in what it's on the Libor rate that thousands of external financial transactions in interbank relations are based. In this manipulations on the Libor operated by banks are properly catastrophic. What can therefore be a disaster was opened with the sanction of Barclays on 27 June 2012 by the British Financial Services Authority (FSA) for manipulation. Investigations are underway, on multiple grounds, by many authorities on multiple grounds. The statement made on August 3, 2012 by the Royal Bank of Scotland is interesting in that, in the same time that it dismiss them, it said that manipulations that could discover in it are attributable to individuals and only to them. The system was thus not fraudulent. Therefore the declaratory system could be saved.

Updated: July 23, 2012 (Initial publication: July 16, 2012)

Breaking news

On July 12, 2012, the European commissioner Neelie Kroes announced that she will not act to lower prices of optic fiber.

The optic fiber is a very difficult issue for regulators: they want its deployment, for the good of consumers, but they are not willing to pay much more for this and the operators are not prepared to invest without profitability. Incentives are insufficient and uncertainties, major flaw of the regulation, are very large. This is why the European Commissioner in charge of digital, Mrs. Neelie Kroes, announced that on the one hand that the system would now stable for regulation of the optic fiber and that on the other hand there is no more tendency of the regulator to lower the price of access to cost method which discourage operators to invest.

Updated: July 17, 2012 (Initial publication: July 5, 2012)

Breaking news

On 27 June 2012, the Financial Services Authority - FSA (English Financial Market Regulator) by sanctioning Barclays Bank for the manipulation of Libor rates has put in the center of the regulatory system the credibility of crucial operators.

What is called the "Libor" is a contraction of "London InterBank Exchange Rate". Each morning, the banks reported Libor rates and all of the exchanges are backed with these statements. It is therefore the confidence that we make to them that holds the system. In a declarative system, it was easy for the Barclays Bank to report an inaccurate Libor, upward or downward, according to trade that it wanted to do. This is legally of course a price manipulation, which was sanctioned by the "Financial Securities Authority - FSA" on June 27, 2012, inflicting Bank fined nearly £ 60 million. But it is especially throughout the system of credibility of this Bank, and banks, which is undermined, since everything is based on the statements. We understand that therefore all managers are laid off, etc. Will that be enough to keep a system purely declarative?

Updated: July 17, 2012 (Initial publication: July 10, 2012)

Breaking news

The Secretary of State for Culture and the Media in the UK written on June 18, 2012 to the Ofcom (British Office of Communication), in response to its report on pluralism.

The regulator of telecommunications and media in United Kingdom (Ofcom) published on, June 6, 2012 a report to measure media pluralism. In response, the State Secretary Jeremy Hunt writes on June 18 letter to the chairman of Ofcom, Colette Bow, for him make comments, astonishments, suggestions and remind him of the prerogatives of the Secretary of State in the matter. The set is made with the friendliness that fits between friends that are written and signed by their first names, formulas are in conditional tense in being enveloped in a respectful classicism, which is the form taken by the confrontation between the executive and the regulator. Tension is always high, whatever form it takes, when it comes to media.

Updated: July 16, 2012 (Initial publication: July 4, 2012)

Breaking news

June 27, 2012, the European Commission extends its investigation for State aid, doubting that infrastructure subsidies paid by the Italy at an airport are justified

Airports are critical infrastructure. They often receive support from the State and the European Commission has adopted specific guidelines to soften the principle of prohibition of State aid in this area. Yet it is not necessary that the regulation be the mask of a violation of competitive equality. This is why the Commission has extended and prolonged on June 27, 2012, the investigation initiated in 2007 proposed to the airport of Alghero, Italy. Indeed, the investigation revealed including infrastructure subsidies, which the Commission doubt that they are comply with EU law.

Updated: July 12, 2012 (Initial publication: July 12, 2012)

Doctrine

Regulation in practice. The de facto independence of regulatory agencies

Regulation in practice. The de facto independence of regulatory agencies

Updated: July 9, 2012 (Initial publication: June 30, 2012)

Breaking news

Venezuelan regulator of audiovisual (Conatel) had sanctioned the Globovision channel to a very heavy fine. "Tribunal Suprêma del Justice - (TSJ)" decided the freeze of all assets of the company in case of misfeasance, this one paid the fine on June 29, 2012.

The regulator of telecommunications of the Venezuala also controls the television channels. In October 2011, it heavily punished by a fine Globovision channel for how it had reported mutiny. The company has not paid the fine. Seized by the regulator, the Supreme Court of justice ordered the freeze of assets of the company for $ 5.6 million as long as execution would not be made. The following day, June 29, 2012, the fine was paid. It is not sure that democracy has its account.

Updated: July 5, 2012 (Initial publication: June 26, 2012)

Breaking news

The "Autorité de régulation des communications électroniques et des postes" - ARCEP (French telecommunications and postal regulator) required Internet operators to regularly provide information. AT & T and Verizon announced the June 21, 2012 that they challenged the decision of the regulator before the "Conseil d’Etat" (French Council of State).

The "Autorité de régulation des communications électroniques et des postes - ARCEP" (French telecommunications and postal regulator) required that all Internet operators, French or foreigners, from the moment that they operate on the French territory, to provide it, by return of questionnaire, a series of information, every 6 months, on their wholesale trafficking on the Internet, theirs tariff policies, their locations of interconnections, etc. AT & T and Verizon have said on June 21, 2012 that they challenged the decision before the "Conseil d’Etat" (French Council of State).

Updated: July 2, 2012 (Initial publication: June 22, 2012)

Breaking news

By judgment of 21 June 2012, the US Supreme Court has validated the cancellation by the judge of sanctions pronounced by the Federal Communications Commission against chains of television for obscenities.

In the United States, the Federal Communications Commission had sanctioned for "indecency" two non-cabled television channels ABC and Fox, to have shown a woman entering back in the shower and let a singer say a rude word in a live broadcast. On appeal, the sanction was set aside by the federal judge. The regulator applies to the Supreme Court of the United States, which declared the case admissible and proceeds with the case, in a judgment of June 21, 2012. It dismisses the appeal of the regulator.It considers indeed that the regulator cannot punish channels in application of too-vague criteria of "indecency", as chains should know to what they expose themselves to the point where they act; otherwise punishment is contrary to the Constitution. This is a transposition of the legality of offences and penalties. The Court prefers to put the analysis on this field, repressive, and not the addressed by it, of the freedom of expression.
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