[Chapter-delegates] Internet and Constitution

[Christian de Larrinaga]

Khaled 


Ofcom (the UK regulator) held consultations on Universal Service in 2005 and reported in March 2006 
http://stakeholders.ofcom.org.uk/consultations/uso/

One observation (a  personal one) is that the debate around implementation of networks and inter-networking universal service deals mainly with access issues in the context of market provision (under or over provision). There is also a big issue with access to scarce resources between incumbent providers, users and new potential users. 

The reuse of TV spectrum for data networks is a case in point. 

So vis the Ofcom consultation this year on Developing a framework for the long term future of UHF spectrum bands IV and V
http://stakeholders.ofcom.org.uk/binaries/consultations/uhf-spectrum-band/summary2/condoc.pdf

But there is also a free speech argument to be had over spectrum policy. Establishing open or free access to the spectrum could be (and is by some) seen as a Right to Free Speech issue. This could be seen as a constitutional level concern. But the reality of the UK debate is that spectrum has been and looks like it will continue to be heavily regulated. The technical and market arguments are seen as the useful and necessary ground upon which to determine the way this works in the future. 

The likely outcome is we will have expanded regulated portions of unregulated spectrum within a largely licensed spectrum portfolio. The argument Free Speech= Free Spectrum is unlikely to succeed. Certainly it is not a direct proportionate relationship. So for that latter reason I would argue at the constitutional level it is better to keep to a few high level principles such as Free Speech and provide for the controls (institutional fabric) to manage the day to day detail of how those principles are used. 



Christian





On 26 Apr 2011, at 10:31, Khaled KOUBAA wrote:

> Thank you Markus.
>> To define access to the Internet as a positive right is not without problems. This is best dealt with as a universal service obligation, as some European countries have done already.
>> 
> Can you give e some example of which European country and what did they do ?
> 
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