University Of Namur	University of Leuven

LEFIS Scientific Workshop

Regulation and Teaching in Electronic Communications: The time of certainties or looking for new ways?

Workshop on future vision, issues and trends in regulation and teaching dedicated to electronic communications networks and services

CRID (University of Namur) – ICRI (University of Leuven)

Namur / Leuven

Friday 9 to Saturday 10 July, 2004

The aim of the workshop is twofold. On the one hand we will try to identify the vision which is underlying or should drive the regulation of the sector, regulatory trends which are developing and the main (future) issues regulation should address. On the other hand, building upon this first part of the workshop, we will discuss topics and methodologies of teaching dedicated to regulation of electronic communications networks and services.

After the key-note speeches, the workshop will be mainly based on interactive discussions. Participants will ensure that an interdisciplinary approach (law, economics, computer sciences) will be adopted. There will furthermore be a combination of the approach used by theoreticians and practitioners from the sector. This should enhance evaluation of practicability and sustainability of current regulation as well as the assessment of sector needs in education.

A. The regulation of electronic communications networks and services – vivison(s), issues, trends

( Friday 9 July, morning)

The morning session will cover the vision which is underlying or should drive the regulation of the electronic communications sector as well as regulatory trends which are developing. It will also try to identify the key current and future issues to be addressed by regulation, and the way this should be done. Doing so we will also try to put electronic communications regulation in the broader context of economic regulation, especially of network industries.

After identifying and discussing vision(s) and issues and trends of regulation and the way in which this regulation lives up to expectations, we hope that the workshop could also lead to the setting up of an analytical grid of criteria for a "good regulation".

The work will be organized in 2 parts: 1. an introductory speech, 2. Discussion.

1. The regulation of electronic communications networks and services – vision(s), issues, trends

As key-note speaker has been invited Christian Hocepied (EC – DG Comp). A very limited number of other speakers could be added in order to complement the approach of a European regulator. In particular, Lefis members are invited to submit proposals.

2. Discussion.

Discussion will be focused upon a number of specific questions like:

* Where will the current regulation lead us and where should we aim to go?

* What are current and future issues to be addressed and where should the priorities lie?

* What trends are developing?

* Which type of regulation (should) addresses the relevant issues (horizontal or sector specific,…) and how do the different type of regulations present mutually influence each other?

* Who addresses – or should address - the relevant issues (national or EU level, specialized or general agency,…)?

* How should the relevant issues be regulated (if they should be)?

* Should electronic communications regulation be considered as a specific, new type of legal discipline, and what would be the consequences? Does an affirmative answer follow from its interdisciplinary character – interdisciplinary both from an "intra-law" perspective (dealing with administrative law, constitutional law, penal law, civil law, competition law, etc.) and from an "extra-law" perspective (involving law but also economics and computer science) – or not?

B. The teaching on regulation of electronic communications networks and services

( Friday 9 July, afternoon and Saturday 10 July, morning)

Drawing from the findings of the first session of the Workshop, the goal of this part will be to reflect on what should be thought on electronic communications regulation, in order to propose a possible roadmap for electronic (tele)communications law teaching, and what methodologies this teaching could use.

We will emphasize the teaching of law, with understanding that teaching electronic communications regulation should be undertaken as an interdisciplinary matter (although this basic assumption could also be discussed). For example, in addition to law, economics and computer science should be included.

The work will be organized in 3 parts: an introductory speech, discussion and building of cases. This session will take place on Friday afternoon and be finished on Saturday morning. The latter will, according to progress of the work on Friday, be dedicated to the building of cases. There will be opportunity to attend the public defense of a doctoral thesis on "The effect of emerging wireless technologies on the law and regulation of spectrum allocation in the United States and the European Union", held in Leuven.

1. Teaching electronic communications law tomorrow.

Key-note speakers for this portion will be Peggy Valcke (ICRI - KULeuven) and Robert Queck (CRID – FUNDP). A limited number of other speakers could be added in order to complement the approach of a European regulator. In particular, LEFIS members are invited to submit proposals.

2. Discussion.

The discussion will focus upon a number of specific questions like:

* Needs - what are the needs regarding knowledge on telecommunications law;

* Goals - what should be the objectives of teaching of electronic communications law;

* Addressees - and differences regarding the needs and objectives according to different addressees (e.g., differences in level of education: undergraduate, postgraduates, in professional life; of various geographic origin, including EU, Eastern countries, developing countries);

* Viewpoint – assessment of the need (or lack thereof) to involve economic and technological or other aspects;

* Scope

N.B.: the fact that broadcasting issues (at least concerning transmission and the link between transmission and content like CAS) has entered into the scope of electronic communications regulation should be taken into account.

* Topics - which are the basic topics to be addressed by teaching on electronic communications law, and which are the topics to be addressed in advanced lessons,... ?

* Methodology - to what extend is a case-based approach is necessary or possible regarding complexity e.g. of interconnection cases; to with extend (and how) e-learning methodologies could be used, and what should be the minimum time dedicated to a basic course,…?

3. "The effect of emerging wireless technologies on the law and regulation of spectrum allocation in the United States and the European Union" (Patrick Ryan)

The discussions on Friday will be finished at around 3.30 PM, but may, depending upon our progress, be continued on Saturday morning. For LEFIS members (and other participants who may be interested) we will move to Leuven to attend the public defense of a doctoral thesis on "The effect of emerging wireless technologies on the law and regulation of spectrum allocation in the United States and the European Union" presented by Patrick Ryan (begin: 5.00 PM). Patrick Ryan advances a thesis that questions several underlying assumptions presently in place for the regulation of wireless communications. For example, he challenges the notion of “scarcity” as a regulatory basis for the allocation of spectrum, and he suggests that spectrum may not be scarce, but instead, that our regulation of it has created scarcity where it should not otherwise exist. His dissertation includes an empirical analysis of spectrum usage in Brussels (in cooperation with the engineering faculty), where he shows that some the most valuable spectrum that has been allocated is in fact completely unused or grossly underused. Patrick Ryan will also show the interdisciplinary aspects of spectrum management, economic theory, and technological growth, and he will propose a model for regulatory change in this sector which borrows from several disciplines.

4. Cases.

On Saturday morning, eventually after the closing of part 2 (discussion) if ever this section was not finished on Friday, a number of typical cases will be worked out. They will be based on European law, but links to national laws could be foreseen.

In contradiction to parts 1 and 2 which will be held in the presence of all participants, the work on cases may be organized in smaller working groups, depending on the number of persons present.