International Communications Law: A Comparative Perspective
Summer 2015
LAW – 795NC-001
Faculty: Sofie Maddens and Maury Mechanick
Credits: 1
Course Description
The course on International Communications Law: a Comparative Perspective will provide an
overview of key global, regional and national issues relating to telecommunication and ICT
policy, law and regulation. This seminar will offer a comparative analysis of different national,
regional and international laws and regulatory frameworks and invite students to compare
regional, international and national approaches in regards to key issues in the sector. In this course
we will look at how national telecommunications frameworks deal with common issues such as
licensing, competition, universal access and services, access and interconnection as well issues
regarding privacy, security and internet governance, and how this compares to and fits in with
regional and international frameworks. Each lecture will provide an overview of each topic and
compare the different ways that countries incorporate such principles in their communications
frameworks.
The world of international communications as well its institutional framework and technologies is
constantly expanding and offering a wide range of potential employment opportunities. This
Summer seminar is ideal for the student that is looking for a career in either international
communications regulation or wishes to practice international communications law because it
provides a brief sampling of the sub-fields within communications laws. Students will be exposed
to various issues in communications, telecommunications and ICT law, and will also gain a
greater understanding of foreign legal frameworks.
Grading
Your grade in this class will consist of two components:
(1) Class participation (25%)
(2) Open Book Exam (75%)
Open Book Exam/Essay
Students will have one day to complete an open book/open note exam, where they will be
evaluated on their ability to identify key issues and understand the differences between different
national frameworks for communications and telecommunications. Students must be able to
clearly cite different telecommunications laws and legal frameworks.
Class Attendance
Students are expected to attend each class and come prepared to discuss the assigned readings in
depth so that the issues raised throughout the course can be explored in depth in class discussions.
If you are unable to come to class please email the professor in advance with a viable explanation.
Unexcused absences will count against this section of your grade.
Readings for this Course:
 Selected Chapters from the ITU Infodev ICT Regulation Toolkit.
 Selected Examples of Communications and Telecommunications Laws and Documents:
1
Lecture 1: General Overview: Telecommunications Frameworks
On the first day of the course, students will be exposed to the different kinds of national legal
frameworks as well as the international institutions that influence communications law around the
world. We will also look at how national telecommunications frameworks are constructed, how they
establish their national regulatory agencies (NRAs), and briefly introduce the common themes in
telecommunications frameworks.
Lecture Topics:
Introduction to General Legal Frameworks
 Common, Civil, mixed and other legal frameworks
 International and regional frameworks and their respective institutions
 Maintaining national sovereignty
 Brief overview of the role of the ITU and its interaction with nations
Communications and Telecommunications Frameworks
 Definition of international communications
 Uniform regulations for all services vs. unique regulations for different services
 Goals and Objectives of Telecommunications laws
 Transparency and Impartiality and the Multistakeholder model
 Dispute Resolution Mechanisms
 Sanctions and Enforcement
 Processes of Appeal
International Communication and the World
 African Continent
 The Americas
 Asia and the Pacific
 Europe
Establishment of the Regulator
 Independent agency versus appendage of Ministry
 Role of Minister/Chairman or Board members
 Organizational Issues - Functions and Powers of the Regulator
 Staffing
 Internal Procedures – Ethics, independence, accountability
Common Themes in Telecommunication Laws
 Licensing and Authorization
 Competition, including Access and Interconnection
 Universal Access and Service
 Scarce Resource Management
 Privacy and Security issues
2
Lecture 2: Key Issues: Authorization and Licensing AND Universal Access and Services
Authorization and Licensing
In this lecture, we will discuss will explore how countries manage the issue of licensing and
authorization, such as the application process, terms and conditions, renewals among others.
Students will also learn about the regulation and use authorization of scarce resources such as
radio spectrum, numbering, geostationary orbits, and rights of way in different countries.
Lecture Topics:
Licensing
 Applications for Licensing
 Terms and Conditions
 Modifications
 Suspension of license
 Conditions for renewal and transfers
 Information and reporting
Scarce Resources
 Radio Spectrum
o Role of the ITU-R and the allocation of Radio Spectrum to Nations
o How Nations allocate Radio Spectrum
 Satellite Orbitals
 Numbering
 Rights of Way
 Submarine cables
Universal Access and Service
In this lecture, students will get a brief overview how countries seek to ensure Universal Access and
Services. Students will also learn how nations provide for interconnection, the idea that ICT service
providers need access to networks owned by others in order to provide services to their customers,
and the regulatory ramifications of such actions.
Lecture Topics:
Universal Access and Service Basics
 Defining Strategies and Implementation Mechanisms
o Holistic Approach to UAS
o Who is responsible for policy
o Who implements?
o Institutional Framework
 Closing the Gap – regulatory tools to achieve UAS
o Supply Side Mechanisms
o Demand side policies
o Focusing on the end users
 People with Specific Needs
Financing of Universal Access and Service
o Multipronged Approach
o UAS Funds – how to more effectively disburse funds
3
Lecture 3: Key Issues: Legal Frameworks of an Even Playing Field
The focus of this lecture is to learn how different countries foster competitive environments
through licensing and other measures. Then, we will discuss how countries protect the market
from a single operator taking over, including the procedures and penalties associated with this
regulatory aspect.
Lecture Topics
Competition
 Ex-ante and Ex-post obligations
 Laws and regulations that prevent monopolies, colluding and reduced competition
 How telecommunication laws ensure fair treatment
Regulatory controls on operators with significant market power
 Market analysis procedures and definition of operators with significant market power
 Dispute Resolutions
 Penalties
Access and Interconnection
 ITU-T and its standards
 Access and Interconnection
 Pricing Issues and Charging
 IP Interconnection
 Regional Integration and Cross Border Interconnection Issues
Lecture 4: Key Issues; Concept of Comity, Privacy and Security
In this lecture, we will look at how national governments provide for privacy and security within
their telecommunications frameworks, dealing especially with issues such as confidentiality and
data retention. Then we will delve into the world of Internet governance and see how governments
attempt to prosecute cybercrime while also ensuring freedom of speech. Throughout this lecture
we will refer to the concept of comity-the idea that national courts must promote uniformity, limit
litigation, and respect for other court decisions and country decisions.
Lecture Topics:
Privacy
 Processing security
 Confidentiality of communications
 Data retention
 Unsolicited communications ("spamming")
 Cookies
Internet Governance Country Strategies
 Content Based vs. Content Neutral Approaches
 Traditionalist vs. New Approach
 Freedom of Speech
 Net Neutrality
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Types of Crimes
 Cybersecurity
 Cyber Terrorism
 Crimes against Children
 Hate Speech
5