The Potential Relevance to the United States of the European Union's Newly Adopted Regulatory Framework for Telecommunications

Not so long ago, specific services and the associated networks were closely intertwined. Telecommunications networks delivered voice telephony. Broadcast systems delivered radio and television. The introduction of cable television and satellite transmission resulted in only a marginal increase in complexity. Today, one can no longer say that the service and the network are inextricably intertwined. Voice telephony is delivered over wireline telecommunications, wireless, cable and the Internet. Radio and television programming are delivered over radio, cable and, to a limited but growing degree, the Internet. Indeed, the Internet is fundamental to the challenges of convergence, insofar as it totally decouples the application from the underlying mechanisms of transmission. Convergence poses vexing problems for the regulator. In the US, the Communications Act of 19341 (the statute governing telecommunications regulation) provides for substantially different treatment for wireline, mobile wireless, and cable-based services. To the extent that the Act fails to account for present technical and market