Martin Cave

The Oxford Handbook of Regulation

Regulation is often thought of as an activity that restricts behaviour and prevents the occurrence of certain undesirable activities, but the influence of regulation can also be enabling or facilitative, as when a market could potentially be chaotic if uncontrolled. This Handbook provides a clear and authoritative discussion of the major trends and issues in regulation over the last thirty years, together with an outline of prospective developments. It brings together contributions from leading scholars from a range of disciplines and countries. Each chapter offers a broad overview of key current issues and provides an analysis of different perspectives on those issues. Experiences in different jurisdictions and insights from various disciplines are drawn upon, and particular attention is paid to the challenges that are encountered when specific approaches are applied in practice. Contributors develop their own distinctive arguments relating to the central issues in regulation and apply scholarly rigour and clear writing to matters of high policy-relevance. The essays are original, accessible, and agenda-setting, and the Handbook will be essential reading both to students and researchers and to with regulatory and regulated professionals. Available in OSO: http://www.oxfordhandbooks.com/oso/public/content/oho_business/9780199560219/toc.html Contributors to this volume - Peter Alexiadis, partner in the Brussels office of Gibson, Dunn & Crutcher, Robert Baldwin, Professor of Law, London School of Economics and Political Science, Julia Black, Professor of Law, London School of Economics and Political Science, Martin Cave, Professor and Director, Centre for Management Under Regulation, Warwick Business School, Cary Coglianese, Associate Dean for Academic Affairs, Edward B. Shils Professor of Law, and Professor of Political Science, University of Pennsylvania, Patricia Danzon, Celia Moh Professor of Health Care Management, The Wharton School, University of Pennsylvania, Fabrizio de Francesco, Research Fellow, University of Exeter, David Driesen, University Professor, Syracuse University, Antonio Estache, Professor of Economics, Universite Libre de Bruxelles, Jurgen Feick, senior researcher, Max Planck Institute for the Study of Societies, Mike Feintuck, Professor, University of Hull Law School, Neil Gunningham, co-director, Australian National Research Centre for Occupational Health and Safety Regulation, Janice Hauge, Associate Professor, Department of Economics, University of North Texas, Christopher Hood, Gladstone Professor of Government and Fellow, All Souls College, Mathias Koenig-Archibugi, Lecturer in Global Politics, Department of Government and the Department of International Relations, London School of Economics and Political Science, Martin Lodge, Reader in Political Science and Public Policy, Department of Government and the ESRC Centre for Analysis of Risk and Regulation (CARR), London School of Economics, Evan Mendelson, associate with the law firm of OMelveny & Myers in Washington, D.C., Catherine Mitchell , Professor of Energy Policy, Exeter University, Niamh Moloney, Professor of Financial Markets Law, London School of Economics and Polticial Science, Claudio Radaelli, Professor of political science (Anniversary Chair in Politics), Department of Politics, University of Exeter, Tanina Rostain, Professor of Law and Co-director of the Center For Professional Values and Practice, New York Law School, David Sappington, Lanzillotti-McKethan Eminent Scholar Chair, Department of Economics, Warrington College of Business, University of Florida, Colin Scott, Professor of EU Governance and Regulation, University College Dublin, Jon Stern, Senior Visiting Fellow and founder member, Centre for Competition and Regulatory Policy (CCRP), Department of Economics, City University, London, Lindsay Stirton, Lecturer, University of Manchester School of Law, Adrian Towse, Director, Office of Health Economics (OHE), Cento Veljanovski, Managing Partner, Case Associates (London); Associate Research Fellow, Institute of Advanced Legal Studies, University of London; and IEA Fellow in Law and Economics, Institute for Economic Affairs, Raymund Werle, principal research associate, Max Planck Institute for the Study of Societies, Cologne, Germany, Bridget Woodman, Lecturer in Human Geography, Exeter University, Liam Wren-Lewis, PhD candidate in economics, University of Oxford, Karen Yeung, Professor of Law, Kings College London.

Essentials of Modern Spectrum Management

Are you fully up-to-speed on todays modern spectrum management tools? As regulators move away from traditional spectrum management methods, introduce spectrum trading and consider opening up more spectrum to commons, do you understand the implications of these developments for your own networks? This is the first book to describe and evaluate modern spectrum management tools. Expert authors offer you unique insights into the technical, economic and management issues involved. Auctions, administrative pricing, trading, property rights and spectrum commons are all explained. A series of real-world case studies from around the world is used to highlight the strengths and weaknesses of the various approaches adopted by different regulators, and valuable lessons are drawn from these. This concise and authoritative resource is a must-have for telecom regulators, network planners, designers and technical managers at mobile and fixed operators and broadcasters, and academics involved in the technology and economics of radio spectrum.

Competition in UK mobile communications

Since mobile communications began in the United Kingdom in 1985, with the licensing of two cellular networks, the number of subscribers has grown to eight million. Much of this growth has occurred in the past five years, which have also seen the emergence of new competition in the form of two PCN operators. The aim of this paper is to trace the development of competition between network operators over the period from 1985. We first present technological and regulatory considerations that are used as a background to understand relevant features related to the structure of the industry and to the growth of subscribers. The central part of the paper reviews the four operators strategies, which are interpreted with the help of insights from economic theory.

Regulation and Efficiency Incentives: Evidence from the England and Wales Water and Sewerage Industry

This paper evaluates the impact of the tightening in price cap by OFWAT and of other operational factors on the efficiency of water and sewerage companies in England and Wales using a mixture of data envelopment analysis and stochastic frontier analysis. Previous empirical results suggest that the regulatory system introduced at privatization was lax. The 1999 price review signaled a tightening in regulation which is shown to have led to a significant reduction in technical inefficiency. The new economic environment set by price-cap regulation acted to bring inputs closer to their cost-minimizing levels from both a technical and allocative perspective.

Is LoopCo the answer

Proposals have been made to separate BT vertically into two parts: an access network (LoopCo) providing services to all operators, and a core network. The aim is to counter discriminatory behaviour by an integrated firm. The paper reviews similar approaches to separation in UK utilities and establishes criteria for evaluating the LoopCo proposal. It suggests that technological developments are moving the dividing line between core and access networks. A separation made on the basis of current technology may lead to difficulties in the future in co‐ordinating investments. It proposes instead more effective means of policing discrimination.

Interconnection issues in UK telecommunications

Abstract The growth of competitive entry in UK telecommunications markets has imposed increasing strains on the interconnection regime. At present, OFTEL determines interconnection charges between BT and other operators on a fully allocated cost basis if they are unable to agree them. In addition, other operators are liable to make contributions to BTs deficit in providing access, unless such contributions are waived by OFTEL. The paper discusses and evaluates changes that OFTEL is proposing to introduce into the interconnection regime, and argues that the efficiency and transparency of the market would be enhanced by replacing access deficit contributions with an explicit arrangement for sharing the net costs of BTs universal service obligations.

Universal service obligations and spectrum policy

Purpose – The purpose of this paper is to examine how spectrum policy can support the changing objectives of universal service in communications services.Design/methodology/approach – The paper presents a review of current universal service obligations, analysis of how they will change, and identification of spectrum policy responses.Findings – The study reveals that, in future, universal service will be delivered in a technologically neutral way; this will require a re‐appraisal of the way it is provided and the development of spectrum management techniques to ensure that it is provided efficiently.Practical implications – The paper contains advice to European and other regulators about medium‐term universal service policy.Originality/value – The paper explores the linkage between two previously separated areas of research.

Competition and the exercise of market power in broadcasting: a review of recent UK experience

Purpose – To analyse the application of competition law and regulation in the value chain for television broadcasting in the UK, and to evaluate the need for intervention through the financing of public service broadcasting.Design/methodology/approach – Arguments relating to public service broadcasting are deployed and UK competition laws and regulatory interventions are analysed.Findings – In the digital age, the need for public intervention in broadcasting is weakened, but further development of competition law is required to prevent abuse of the market power.Originality/value – A broad debate about the role of public intervention in the broadcasting market place is now taking place, and the paper proposes that such interventions be largely confined to competition policy and regulation directed to the goal of competitive markets.

Digital Television: An Introduction

Digital television is transforming both broadcasting and, as a result of convergence, the larger world of communications. The impending analogue switch-off will have a major impact on households all over the developed world. Digital Broadcasting considers the effects of digital television on the availability, price and nature of broadcast services in the Americas, Europe and Japan. It shows how this depends upon what platforms – cable, satellite, fixed or wireless broadband – countries have available for use and also upon government policies and regulatory interventions.