29024 - Telecommunications Law T

Course Unit Page

Academic Year 2018/2019

Learning outcomes

Knowledge of the regulatory schemes relevant to the sctor, as well as of those set by the legal system in the field of telecommunications law.

Course contents

1. Introduction.
- Regulation and legal order. Law, community and social structures/organisations. State, sovereignty and public power. legal order subjects and subjective juridical situations.
- National and international legal orders. European Union's legal order. Economics law production sources.
- Administrative function. Public Administration. Authorities and regulation Authorities. Administrative acts. Relations between Public administration and third party. Public Administration action. Production/supply of goods and general interest services. Organizational systems: public and private systems. Public and private companies.
- Evolution of the structure. Technical, economic, social reasons and the situation of natural monopoly of (some) public services. Consequences: curtailment of the private economic initiative. The constitutional foundation. The legal reserve principle.

2. Legal foundations and principal features of telecommunications regulation.
- Definition of the term telecommunication. Audiovisual field. Telecommunications and telephony sector.
- Structural features of telecommunications and reasons of national monopolies. The legal foundations of the institution of monopoly and its overtaking: economic foundations and technological innovation outcomes on telecommunications law.
- Legal outlines of telecommunication regulation, in respect to legal monopoly.
- The relation between telecommunications and freedom rights constitutionally protected.

3. Supranational telecommunications regulation.
- Effects of European Union's legal order on national legal order. Substitution of competition principle to legal reserve principle. Public service and universal service.
- The introduction of competition in the telecommunications sector by means of regulation (schemes).
- Normative liberalization and opening to the unique market imposed by EU law.
- EU Treaty principles. Open network provision (ONP) and third party access (TPA).
- Telecommunications liberalization. Alternative infrastructures to by cable network.
- Mobile telephony. Liberalization of advanced telecommunications services and vocal telephony.
- Local Loop market access. Data transmission services and Internet access supply.
- Normative action and functions of international institutions (International Telecommunications Union ITU; ETSI).

4. Towards a legal system of electronic communications. National legal order.
- Consequences of EU telecommunications liberalization on national regulation. Regulation diversification of telecommunications and audio-visual transmissions.
- Converging process: electronic communications.
- Sector regulation: Authority, Communications Ministry competences. Authority role.
- Free market and administrative constraints to firms: individual licenses and general authorizations. Shrunk procedures to entrust special licenses (UMTS, etc.).
- Tlc activities regulation. Third party access to infrastructures. Telecommunications market entrance and exit barriers.
- Tariffs fixing: access and users. Semi-administered rates and price-cap systems; free rates.
- Nature of electronic communication goods (networks and plants). Environmental, urban and healthcare problems.

5. The system of radio and television with editorial contents.
- Audio-visual transmissions with editorial contents regulation.
- Constitutional principles. Freedom of speech and expression, freedom of information.
- Integrated communication system (ICS). Problems related to the normative diversification: electronic communications and Audio-visual transmissions with editorial contents regulations.

6. Protection problems affecting the transition to a competitive electronic communications market.
- Protection of telecommunications competitive market mechanism. Firms' position.
- EU Commission's and Court's of Justice roles.
- Antitrust Authority's role and judicial protection instruments.
- Telecommunications market organization during the transit to competition. Public service and universal service. Universal service duties.
- Tariffs regulation's limits. Universal service's financing problems and competition restraints.
- Asymmetric regulation of Tlcs providers.
- Contractual relation between users and Tlc providers. Providers' liability. Tlcs services charter.

Readings/Bibliography

For students attending the course.
Readings will be recommended during the course.

For non attending students.
a) PEREZ R., Comunicazioni elettroniche, in CARTEI G., CHITI M.P., GALETTA D.U., GRECO G., Trattato di diritto amministrativo europeo, Giuffrè, 2007, Parte speciale, Tomo II, pp. 783-843;

b) GRADINETTI O., Il testo unico dei servizi di media audiovisivi e radiofonici, in Giornale di diritto amministrativo, 2011, fasc. 2, pp. 121 - 133;

c) MULA D., La responsabilità e gli obblighi degli internet provider per violazione del diritto d'autore, in Rivista di diritto industriale, 2010, fasc. 3, pp. 252 - 270.

Teaching methods

Frontal lessons.

Assessment methods

Oral examination aimed to verify the understanding of the regulatory scheme governing the sector.

For students attending lectures, the first exam may be the discussion of a short essay followed by an oral exam.

To attend the exam, each student must sign up via AlmaEsami within the deadline. Those who cannot sign up must immediately (before the official closing of the subscription lists) communicate the problem to the teaching secretariat. Deciding whether to allow not enrolled students to attend the exam or not is up to the teacher.

The teacher will minute the final mark on the date set and indicated in Almaesami.

Teaching tools

Slides.

Students who need compensatory measures and/or dispensative tools due to disability or Specific Learning Disabilities (SLD) should communicate their needs to Prof. Senzani so as to be directed to the relevant Service in order to evaluate in a personalized way and agree the most suitable measures and tools.

Office hours

See the website of Daniele Senzani