Global Telecommunications Market Access

by Jennifer A. Manner

Overview

Global Telecommunications Market Access offers you a solid understanding of the regulatory, economic, business, public policy and other considerations associated with entry into global telecommunications markets from a commercial, governmental and legal perspective. The primary focus of this book is on the global telecommunications regulatory environment and how it impacts market access strategies and implementation of these strategies. You are presented with case studies and a global view of the progression of telecommunications to help you better see how global markets are evolving from being dominated by monopoly service providers to one where choice has become a reality for consumers.

The book addresses the issue of how to structure a venture so that it can operate within differing regulatory regimes. It gives you a good look at market access for a variety of technologies including Internet, data services, voice, mobile services, and many more. This informative resource includes an overview of the tools available to help you ensure that a competitive market is created and fostered on a day to day basis.

Product Details

ISBN-13:	9781580533065
Publisher:	Artech House, Incorporated
Publication date:	03/31/2002
Series:	Artech House Communications Law and Policy Library Series
Pages:	268
Product dimensions:	6.14(w) x 9.21(h) x 0.63(d)

About the Author

Jennifer A. Manner is the Director of International Alliances, WorldCom, Inc., Washington, DC and is an adjunct Professor of Law at Georgetown University Law Center in international telecommunications regulation.

She received her LLM. in international law from Georgetown University Law Center, her J.D. from New York Law School and her B.A. from the State University of New York at Albany.

Table of Contents

	Preface	xiii
	Acknowledgments	xv
1	Global telecommunications law, policy, and regulation	1
1.1	Introduction	2
1.1.1	The current status of the electronic communications sector	4
1.2	The process of achieving competition: privatization, liberalization, and effective regulation	6
1.2.1	The basic formula to achieve effective competition	6
1.3	Current status of effective competition	10
1.3.1	Pressures on the creation of effective competition	13
1.4	The impact of failure to open the market to effective competition	15
1.4.1	Direct impacts of the failure to create competition	15
1.4.2	Indirect impacts of the failure to liberalize	16
1.5	Overall impact of market openness on the creation of a viable telecommunications business and its customers	18
1.5.1	Impact on a viable telecommunications business	18
1.5.2	Business customer woes	20
1.6	Individual markets must address their specific needs in creating a competitive market	20
	References	21
	Selected bibliography	22
2	The basic regulatory equation: the foundation for competition	23
2.1	The basic regulatory equation	23
2.2	Why competition?	24
2.2.1	A brief chronology	24
2.2.2	Influences	30
2.2.3	The needs of the business community	30
2.2.4	Technological innovations	32
2.2.5	Government needs	33
2.2.6	Societal needs	33
2.2.7	International pressure	34
2.2.8	Subsidiary goals	36
2.3	Privatization	38
2.3.1	Different forms of privatization	39
2.3.2	The status of the privatization process	40
2.4	Liberalization	41
2.4.1	The components of a successful liberalization process	41
2.4.2	Liberalization may be phased in	42
2.4.3	The effectiveness of the liberalization process	44
2.4.4	The result	44
2.5	An effective regulatory regime	47
2.6	Deregulation: a hidden component	49
2.7	The result: recent case studies	50
2.7.1	Switzerland: a non-EU country that has adopted EU-like telecommunications regulations	50
2.7.2	Brazil: a market on the move	51
2.7.3	Hong Kong: making progress	53
2.8	Conclusion	55
	References	55
	Selected bibliography	56
3	The historical evolution of global telecommunications markets	57
3.1	The evolution of telecommunications markets	58
3.1.1	The beginning	58
3.1.2	The dawn of the computer and wireless age: increased globalization means pressure on the traditional PTT model	62
3.1.3	The political and legal decision to move forward	64
3.1.4	The initial incremental step: establishing and implementing a regulatory regime	65
3.1.5	The next incremental step: privatization of the incumbent service provider	66
3.1.6	The liberalization step	67
3.1.7	The continuing step of creating effective regulation	68
3.2	Examples of market evolution	69
3.2.1	The Americas	70
3.2.2	A new, unified Europe	77
3.2.3	Asia Pacific	81
3.2.4	The Middle East	87
3.2.5	Africa	88
	References	90
4	Difficulties of opening markets to effective competition: domestic remedies	93
4.1	Overview	93
4.2	Why governments are hesitant to open their markets to effective competition	94
4.3	Privatization and liberalization: what went wrong?	97
4.3.1	Privatization failures	97
4.3.2	Liberalization	102
4.4	Domestic remedies	104
4.4.1	Legal	106
4.4.2	Regulatory	106
4.4.3	Other government agencies	108
4.4.4	Judicial	108
4.4.5	Political bodies	109
4.5	Next steps	109
	References	109
5	International market opening and leveling tools	111
5.1	Overview	111
5.2	The use of international organizations to obtain results	113
5.2.1	The International Telecommunication Union	113
5.2.2	The WTO	115
5.2.3	OECD	119
5.2.4	The World Bank	120
5.3	Regional organizations	120
5.4	Bilateral and other multilateral trade agreements	121
5.5	Intergovernment relations	122
5.6	The role of competition and international trade law	124
5.7	The need for a global regulator	125
	References	126
6	Creating a basic corporate strategy for market access	127
6.1	Profitability as a goal	129
6.2	Formulating a basic corporate entry strategy	130
6.2.1	Identifying a customer base	130
6.2.2	Identifying a service product	131
6.2.3	Identifying technologies	132
6.3	New entrant or incumbent service provider	134
6.3.1	Entry as an incumbent	134
6.3.2	Entry as a new entrant	135
6.4	The decision to be a regional or global player	136
6.5	Pulling the corporate strategy together	136
6.6	Case study: MarathonTel, an overview of the company and its corporate strategy	137
	References	138
7	Evaluating individual market opportunities	141
7.1	Overview	141
7.1.1	Identifying opportunities	142
7.1.2	Opportunities presented to the potential entrant	143
7.1.3	Opportunities that the potential entrant seeks out	144
7.1.4	Opportunities that the potential entrant creates	144
7.2	The due diligence	145
7.2.1	The overarching review of the basic regulatory formula factors	146
7.2.2	The due diligence checklist	146
7.2.3	Introduction to the review process of the due diligence analysis	153
7.3	Continuation of case study: MarathonTel expands its corporate services to Eastern Europe	154
7.3.1	The opportunity	154
7.3.2	The review process	155
7.3.3	Basic regulatory review	155
7.3.4	Due diligence review	155
7.3.5	Review of the opportunity	160
	References	161
8	Structuring global telecommunications ventures	163
8.1	Overview	163
8.2	Overview of the general forms of entry	164
8.2.1	Common attributes of structures where entrant is the service provider	165
8.2.2	Common attributes of structure where third party is the service provider	167
8.3	Considerations specific to each of the five basic forms of entry	169
8.3.1	Full operating company	169
8.3.2	Joint venture	171
8.3.3	Limited network entry strategy	172
8.3.4	Leveraging a third-party network	174
8.3.5	Reseller agreement	175
8.4	Continuation of case study: form of entry	176
	References	177
	Selected bibliography	177
9	Structuring a market to attract investors	179
9.1	Overview	179
9.2	Goals for the market	183
9.2.1	Public goals	185
9.3	Determining government priorities	186
	References	187
	Selected bibliography	187
10	Conclusion: where are we headed?	189
10.1	The model of a competitive telecommunications market	190
10.2	Impact of retrenchment	190
10.3	The future of the telecommunications industry	192
	List of Web sites	195
	List of abbreviations and acronyms	199
	Glossary	203
	About the author	239
	Index	241

Editorial Reviews

Manner crafts and implements market access strategies for a wide variety of products for the company where she works in the US capital, but has a background in law. She strives to provide a firm understanding of the regulatory, economic, business, public policy, and other considerations associated with entry into global telecommunications markets from both a commercial and government perspective. She also surveys the tools that are available to service providers, governments, and others to ensure that a competitive telecommunications market is created and fostered. Annotation c. Book News, Inc., Portland, OR (booknews.com)