Developments in telecommunications : scope for legal reform

Abstract

The world of telecommunications is expanding so fast that nothing we say can be applicable for very long. Principles of law will always be observed as far as possible, but sometimes new technology may override the philosophy behind laws. Development is not easy to cater for: what is possible now was not even dreamed of a few years ago, and so it might be necessary to have recourse to rather vague terms which are criterion-specific rather than definition-based when creating new rules, as a safeguard against being outdated no sooner than published. Impending access to the EU requires that Malta must bring its laws in line with the EC's ‘acquis communautaire’. The telecommunications field is no exception, and Malta cannot afford to lag behind. It requires legislation that covers all currently imaginable developments. The market will have to be regulated to some extent, especially relating to competition, interconnection, pricing and so on. Malta is lucky to have examples and experiences of other countries on the basis of which to develop its own legislation according to its needs – this should serve to save it from certain pitfalls which other countries have encountered in the course of these technological and legal developments. Four core issues will be discussed in this thesis: 1. Liberalisation - a key issue as it encompasses most developments, and is a result thereof. 2. Universal Service Obligation - a major obligation on certain telecommunications networks operators or service providers. It will be looked into so as to complete the picture portraying the regulatory framework 3. Radio Spectrum Management and Allocation - another important factor. 4. Convergence of Technologies - one of the most important consequences of technological innovation, which has influenced the legal framework on a global level. This discussion will attempt to demonstrate recent trends in regulatory policy.