Study-Unit Description

Study-Unit Description


CODE MCT3003

 
TITLE Utilities Law

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Media, Communications & Technology Law

 
DESCRIPTION - Utility regulation in general – dealing with aspects relating to the regulation of utilities in general both in the light of Maltese legislation and that of the EU acquis in so far as this relates to the different utilities dealt with [it is proposed however to exclude railways which is not pertinent to Malta].

The historical background to utility regulation will be considered tracing the steps from the creation of state controlled monopolies to fully competitive sectors and the approach adopted in various countries. The different models of utility regulation (sector-specific regulators or the more recent approach of super 'economic' regulators forming part of the national competition authorities) will be examined in some depth focusing on the specific issues which impact utility regulation including ex-ante regulation, ex-post competition and consumer protection. Emphasis will be made on the partial or full liberalisation of different utilities and how this has impacted on the change in strategies in utility regulation including notably a rolling out of ex-ante regulation in some sectors.

Issues covered include the funding of utility regulation, the licensing/general authorisation systems, access to networks focusing on the protection to new entrants dependent on reasonable access to the network of the incumbent; universal service obligations including its funding; dispute resolution whether inter-operator disputes or end-user disputes; enforcement and sanctions; and the review of regulatory decisions. Another important aspect concerns rights of way issues both in the light of Maltese law and EU law. The impact of the EU acquis on utility regulation will be considered with reference in particular to the various utility regulation frameworks relating to electronic communications, postal services, water and energy.

- Aspects of Postal Services Law as a case study include understanding what constitutes postal services – what should be included and what should not; the transition of a monopolistic service to fully competitive sector; the regulation of express/courier services and services outside the scope of the universal service; the increase in competition in the provision of parcel post; the provision of universal service in posts – what should be covered and why.

Study-unit Aims:

- To discuss the purpose and need for utility regulation and how this can be effectively dealt with particularly in the context of Malta considering the size of the country, resources available and the regulatory development achieved to date in each of the utilities;

- To discuss in detail the various principal aspects which underlie utility regulation also in the light of the EU acquis notably: 1. The powers of the regulator; 2. The review of regulatory decisions; 3. Universal services; 4. Access to networks; 5. The funding of regulation; 6. The handling of Inter-operator disputes; 7. End-user disputes – redress including the award of compensation;

- Focus on postal services regulation – the emerging issues – how posts has developed and how technological developments have impacted the provision of the postal services [less demand and use of ordinary mail – conversely increase in parcel post through the use of orders made by means of distance selling – e.g. notably internet].

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- Obtain a solid understanding of the main issues underlying utility regulation – including the concept behind the provision of universal services; ex-ante regulation; ex post competition; the funding of regulation; authorisation/licensing of the provision of utility services; the rules relating to access to networks;
- Possess the necessary background to the current norms in the EU acquis relating to the regulation of the different utilities;
- Comprehend the development of utility regulation in Malta and the current situation under Maltese law including case law.

2. Skills:

By the end of the study-unit the student will be able to:
- Write about the laws regulating utilities, including the postal sector;
- Distinguish between the differences in legal regulation of utilities as not all utilities are regulated in one and the same way;
- Speak about or discuss the role of the regulator, its powers and functions, vis-a-vis utilities and what remedies at law do utilities have against their regulator.

Main Text/s and any supplementary readings:

Main Text/s:

- CERRE [Centre on Regulation in Europe]: “Enforcement and judicial review of decisions of national regulatory authorities” – April 2011.
- CERRE: “Independence, accountability and perceived quality of regulators” – March 2012.
- OECD: “Principles for the Governance of Regulators – Public Consultation Draft” – OECD, June 2013.
- OECD: “Recommendation of the Council on Regulatory Policy and Governance” – OECD, 2012.
- OECD: “Restructuring Public Utilities for Competition” – OECD, 2012.
- OECD: “APEC-OECD integrated checklist on regulatory reform – a policy instrument for regulatory quality, competition policy and market openness” – OECD, 2012.
- GUGLER, RAMMERSTORFER & SCHMITT, Regulation, Competition and Liberalization, Journal of Economics Literatura, 44 (22), 325-366.

Supplementary readings:

- HORWITZ, Robert, Judicial Review of Regulatory Decisions: The changing criteria, the Political Science Quartly, Vol. 109, No. 1 (Spring, 1994), pp. 133-169.
- European Policy Forum: “The Report of the Commission on the Regulation of Privatised Utilities” – December 1996.
- DTI [UK Government]: “A Fair Deal for Consumers – Modernising the Framework for Utility Regulaton”- March 1998.
- BALDWIN, Robert:“Understanding Regulation: theory, strategy and practice” - Oxford University, 1999.
- DAMIEN GERADIN, Institutional Aspects of EU Regulatory Reforms in the telecommunication sector: an analysis of the role of National Regulatory Authorities. Journal of Network Industries, 2000.
- OECD: “OECD Reviews of Regulatory Reform – Regulatory Reform in the UK” – 2002.
- Patrick Massey: “Is Irish Utility Regulation failing consumers?” - 2004.
- The Department of the Taoiseach: “Review of the Regulatory Environment in Ireland” - 2009.
- Biggar: “Public utility regulation in Australia: Where have we got to? Where should we be going?” – 2011.
- SASKIA LAVRIJSSEN & ANNETJE OTTOW: “The Legality of Independent Regulatory Authorities, in The Eclipse of the Legality Principle in the European Union” - 2011.
- UK Government: “Streamlining regulatory and competition appeals: consultation on options for reform” – June 2013.
- Mark THATCHER, Independent Regulatory Agencies and Elected Politicians in Europe.
- LAVRIJSSEN AND L. HANCHER, Networks on Track: From European Regulatory Networks to European Regulatory ‘Network Agencies, Legal Issues Of Economic Integration.
- K.J. CSERES, Integrate or Separate: Institutional Design for the Enforcement of Competition Law and Consumer Law, Amsterdam Centre for European Law and Governance Working Paper Series 2013.
- KEARNEY & MERRIL, The Great Transformation of Regulated Industries.
- DAVID A. HYMAN & WILLIAM E. KOVACIC, Competition Agencies with Complex Policy Portfolios: Divide or Conquer?, Current Draft: 20 February 2013.

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 Yes 100%

 
LECTURER/S

 

 
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The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit