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NUMBER PORTABILITY, REGULATION AND THE LEVEL PLAYING FIELD: AN EMERGENT POLICY HETERODOXY?
Abstract
Number portability has rapidly ascended the regulatory agenda of contemporary telecommunications public policy. As a techno-regulatory device for facilitating competition, number portability is in good currency. The experiences of the United States, Britain and Europe suggest, however, that the implementation of portability remains essentially contestable. The analysis reveals the continuing presence of stakeholder interests in this instalment of the telecommunications de-regulatory game.
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Author and article information
Notes and References
Monopolies and Mergers Commission, Telephone Number Portability, HMSO, London, 1995.
Telecommunications Act 1996, Public Law 104-106; House of Representatives Report 104-458, 104 Congress, 2nd Session January 31, 1996; see particularly Senate Conference Report Number 104-230,104 Congress 2nd Session 1996, and specifically Part II, Development of Competitive Markets, Section S251(b)(2), Interconnection - Number Portability.
MCI Telecommunications Corporation, Local Number Portability National Study, Washington DC, 1994.
ibid.
C. E. Lindblom, ‘The Science of Muddling Through’, Public Administration Review, 19, Spring 1959; H. A. Simon, Administrative Behavior, Free Press, New York, 1945.
NYNEX Memorandum, Number Portability, January 26, 1995.
ibid.
ibid.
D.C. Pitt, P. Teske and K. Morgan, Laboratory of Democracy: Testbed of Telematics?, Strathclyde Papers on Government and Politics, Glasgow, 1990.
Authors’ interviews with officials in Policy Planning Division, Common Carrier Bureau, FCC, April 1995.
Federal Communications Commission, Commission Seeks Comment on Telephone Number Portability, CC Docket 95-116, Washington DC, 13 July 1995.
New York State Department of Public Service, Level Playing Field Issues, Case 94-C-0095, Telecommunications Competition II Proceedings, February 1995.
ibid.
State of Maryland Public Service Commission, Competitive Local Exchange Telephone Service, Case No. 8584, 25 April 1994.
See, in particular, State of Illinois Commerce Commission, Docket No. 94-0048 et al. MCI Exhibit 3.0, Testimony of Robert Taylor Jr, 8 August 1994.
In October 1995, the WUTC ordered US West, GTE, TCG and ELI to develop a plan for implementing free number portability and make recommendation to the Commission by 1 July 1996 (WUTC Docket No.91464/14).
Fred Moody, ‘Taking it With You’, Eastside Week/Seattle Weekly, quoting US West's portability expert, Jeff West, 8 March 1995.
European Commission White Paper, Growth, Competitiveness, Employment - The Challenges and Ways Forward into the 21st Century, COM (93) 700, 5.12.93.
Recommendations to the European Council, Brussels, 26 May 1995.
EC Council Directive 90/387 (OJ L192,24.7.90, p. 1) on the Establishment of the Internal Market for Telecommunications Services through the implementation of ONP.
1995 OJ C122/4.
COM (94) 682, A Common Approach to the Provision of Infrastructure for Telecommunications in the European Union, PtII, Brussels, 25.1.95.
Commission of the European Communities, Proposal for a European Parliament and Council Directive on Interconnection in Telecommunications, 19 July 1995.
ibid.
EC Commission Directive 88/301 (OJ L131, 27.5.88, p.73) on Competition in the Markets in Telecommunications Terminal Equipment; EC Commission Directive 90/388 (OJ L192, 24.7.90, p. 10) on Competition in the Markets for Telecommunications Services.
EC Commission Notice 6 September 1991 concerning the Application of Community Competition Rules to the Market Participants in the Telecommunications Sector (OJ C233. 6.9.91, p.2).
Ministry of Research, Denmark, Real Competition - the Road to the World's Best and Cheapest Telecommunications, 24 June 1995.
Ministry of Information Technology and Postal Services, France, New Ground Rules for Telecommunications in France, Paris, October 1995.
Department of Trade and Industry: Licence granted by the Secretary of State for Trade and Industry to British Telecommunications under Section 7 of the Telecommunications Act 1984 (as amended), HMSO, London.
OFTEL, Numbering for the Telephony Services into the 21st Century, London 1989.
Department of Trade and Industry, Competition and Choice: Telecommunications Policy for the 1990s, Cm 1461 London, HMSO, March 1991; see also Cm 1303, 1990.
Monopolies and Mergers Commission, Telephone Number Portability, HMSO, London, 1995.
ibid.; MMC para 2.51, p.16.
ibid.; MMC para 2.43, p. 15.
ibid.; MMC para 2.103, p.27.
ibid.; MMC para 2.108, p.28.
ibid.; MMC para 2.76, p.22.
ibid.: MMC paras 1.15-18, p.6.
Editorial, Financial Times, Friday, 15 December 1995.
See Business Week,‘Telecoms New Age’, 8 April 1995, passim.