This document contains notes from a presentation given by Ewan Sutherland on regulatory issues related to telecommunications in an independent Scotland. It discusses setting up independent regulatory bodies for competition, telecommunications, and content regulation. It also addresses practical considerations around transitioning numbering systems, licenses, and regulatory structures from existing UK bodies to new Scottish institutions following a hypothetical vote for independence.
Organised by the Economic and Social Research Council and the UK Research Office
Tuesday 11 February 2014, Brussels
The Scottish Government is holding a referendum on 18 September 2014 asking “Should Scotland be an independent country?”
The UK’s Economic and Social Research Council (ESRC) has initiated a Future of the UK and Scotland programme of activities bringing the best of UK social science to the debate about Scotland’s constitutional future and its implications for the rest of the UK and Europe. This work aims to both inform the debate in the run-up to the referendum and assist in planning across a wide range of areas which will be affected by the outcome of the vote – whether for Scottish independence or continued Union.
This meeting offered an overview of the programme of work and focused on the key areas of migration and business, on questions about Scotland and the UK’s future membership of the EU as the Scottish referendum – and potentially a UK referendum on EU membership – approach.
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Session themes were:
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What business thinks
Scottish independence: what the public thinks
Scotland and the rest of the UK
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http://www.futureukandscotland.ac.uk/events/what-next-scotland
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The Scottish Government’s 2016-17 Draft Budget has pledged around £4 billion infrastructure investment over the next year.
This investment will be spent on house building, transport and digital links, among other projects.
With this spending comes massive opportunities; this slideshare from Supply explains these opportunities in more detail:
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2. Regulated markets:
◦ Ministry:
Legislation and policy directions
◦ Independent regulatory authority:
Consultations and impact assessments
Licences, spectrum and rate-setting
◦ A system of appeals
◦ Parliamentary oversight
Licences for operators
Statistics:
◦ Linked to Eurostat
Participation in network governance:
◦ Within Scotland
◦ Within Europe
◦ Globally
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 2
It is the transition that is tricky!
3. Guernsey and Jersey
Isle of Man
Eastern Caribbean (ECTEL)
◦ Dominica, Grenada, St Kitts, St Lucia & St Vincent
Luxembourg
Montenegro
Iceland
Faroe Islands
São Tomé and Príncipe
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 3
4. 843 Unification of the Kingdoms of the Picts and the Scots
1266 Treaty of Perth – Hebrides
1468 Dowry of Margaret of Norway - Orkney and Shetland
1493 End of the Lordship of the Isles
1603 Union of the Crowns of Scotland & England
1707 Union of the parliaments
1801 Union with Ireland
1999 creation of a devolved Scottish Parliament
2011 election of an SNP majority government
2012 Scotland Act extended the devolved powers
2011 announcement of a referendum
2014 Independence referendum
2015 UK general election
2016 Scottish election:
◦ SNP want this to be the first independent parliament
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 4
5. Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 5
HM Queen Elizabeth II
◦ Her heirs and successors
Pound Sterling:
◦ Bank of England and its MPC
English language:
◦ Gaelic as a second language
◦ But not synthetic Scots
“Social union”
Eastenders (Salmond)
DVLA (Sturgeon)
◦ 91/439/EEC and 2006/126/EC
6. Need to draft a written constitution:
◦ Adoption by referendum?
◦ Unicameral legislature?
◦ A supreme court?
◦ Will it exclude nuclear arms?
No published plans for most
major policy areas
Negotiations over:
◦ National debt
◦ Currency
◦ Taxes and pensions
◦ Faslane and Coulport
Heavy simultaneous burdens:
◦ Running present administration
◦ Adoption of a constitution
◦ Negotiations with London and
Brussels
◦ Creation of and recruitment to new
institutions
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 6
7. Sudan and South Sudan
Ethiopia and Eritrea
Drawn out fission of:
◦ Czechslovakia
◦ Yugoslavia
◦ USSR
◦ Outstanding questions in the Balkans and Caucuses
Telecoms was mostly straightforward:
◦ Direct state provision
◦ Very limited fixed networks
◦ No mobile networks
Scotland is ca. 8% of a regulatory state
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 7
8. Competition authority
Sector regulators:
◦ Energy
◦ Post
◦ Railways
◦ Telecommunications
Appellate bodies
Advertising standards body
Data protection authority
Consumer groups
Alternative dispute resolution services
Parliamentary oversight
Network governance:
◦ Scotland
◦ European Union
◦ Global
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 8
9. Cabinet Office
◦ Overall government coordination
◦ Intelligence
Department of Culture, Media and Sport
◦ Lead ministry for telecommunications (regulation delegated to OFCOM)
◦ Gambling
Home Office
◦ National security and policing
Ministry of Justice
◦ Data protection
HM Treasury
◦ Finance and economic strategy
◦ Statistics (now delegated to the Statistics Authority)
Department of Business, Innovation & Skills
◦ Economic policies
Department for Education
◦ Child protection
Ministry of Defence
◦ Spectrum user
Department for International Development
◦ ICTs for development
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 9
All of this would need to be replicated in Scotland
10. General Communications Headquarters
Signals and communications intelligence:
◦ Collection
◦ Sifting
◦ Decryption
◦ Analysis and
◦ linguistic deciphering
Cooperation with USA, Canada, Australia & NZ
Total cost of £2 billion + £200 million annually
Would Scotland outsource to GCHQ?
Develop its own facility?
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 10
http://www.rusi.org/downloads/assets/Scottish_Defence_Forces_Oct_2012.pdf
11. Presently a reserved matter, no responsibility
in Scottish government
Nonetheless, a Cabinet Secretary for
infrastructure and capital investment
Telecommunications could remain there or be
bundled with:
◦ Business and economic development
◦ Culture and sport
Needs to have staff
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 11
12. Relatively easy to create a Scottish competition authority:
◦ Economists
◦ Lawyers
◦ Administrators
Could replicate or “roll over” existing UK law
A choice of models:
◦ OFT/CC/CAT
◦ CMA/CAT
Location:
◦ Too much pressure on property and labour in Edinburgh
◦ Economic development requires it be elsewhere
◦ Co-locate with the NRAs?
Network governance means participation in:
◦ European Union
◦ Organisation for Economic Cooperation and Development (OECD)
◦ International Competition Network (ICN)
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 12
13. Section 30 Order under the Scotland Act:
◦ Immediately after the referendum
◦ Empower the Scottish Parliament to create:
National Competition Authority
Competition Appeal Tribunal
◦ To be ready to start work on day of independence
Challenges:
◦ Recruitment of staff
◦ Selection of a building
◦ Transfer of active cases
Needs parliamentary oversight
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 13
14. Communications Act 2003 could be rolled over
◦ Presumed compliance with EU acquis communitaire
After the referendum a Section 30 Order could
enable Scottish Parliament to create an NRA:
◦ Budget
◦ Recruitment of senior executives
◦ Renting a building
The new NRA needs:
◦ To be ready to takeover from OFCOM
Statutory information collection powers
To consult on post-independence:
◦ Licences
◦ General authorisations
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 14
15. Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow
Population(M)
ISO3166
ITU-TE.164
National
Regulatory
Authority
Telecom
Posts
Broadcast
Energy
Water
Competition
Railways
Commissioners
Staff
Budget(M)
Estonia 1.3 EE 372 Konkurent-
siamet
√ √ √ √ √ 63
Finland 5.3 FI 358 Ficora √ √ √ 1 244 €34
Ireland 4.4 IE 353 Comreg √ √ 2 122 €64
Latvia 2.3 LV 371 PUC √ √ √ √ 5 111 €2
Norway 4.9 NO 47 Post- og
Teletiulsynet
√ √ 1 149 €22
Slovakia 5.4 SK 421 TUSR √
Slovenia 2.0 SI 386 APEK √ √ √ √ 1 79 €5
United
Kingdom
62.6 UK 44 OFCOM √ √ √ 9 832 £116
15
16. Popn.
(millions)
ISO3166
ITUE.164
Budget
(€millions)
Staff
Budgetper
employee
Albania 2.8 AL 355 1.6 60 27,000
Bosnia & Herzegovina 3.8 BA 387 4.5 113 40,000
Croatia 4.4 HR 385 11.7 174 67,000
Iceland 0.3 IS 354 2.0 26 75,000
Kosovo 1.7 XK n/a 1.2 33 35,000
Macedonia 2.1 MK 389 4.6 121 38,000
Montenegro 0.6 ME 382 3.4 64 53,000
Serbia 7.1 RS 381 7.2 105 69,000
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 16
Source: Cullen International for the EC
17. In advance of independence:
◦ UK could delegate powers
On the day of independence:
◦ Requires a lot of work in short order
Some time after independence:
◦ Could outsource back to London:
Policy, regulation and appeals
Would require an international treaty
◦ Very few precedents:
UK regulates spectrum for Channel Is.
Micro-states in Eastern Caribbean share functions
◦ Would still be a separate geographic market
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 17
18. New NRA cannot decide everything on the
first day
It is essential to rollover decisions previously
taken by OFCOM by statute/treaty
Existing decisions open to legal challenges,
because of:
◦ Different market shares
◦ Different costs
The litigious, the optimistic and those who
just want to keep the NRA busy
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 18
19. Should the NRA have competition law powers for
the sector?
Should the NRA also regulate content?
◦ Should the Scottish BBC be integrated?
Should the NRA also regulate posts?
Should a multi-utility regulator be created? (e.g.,
combined with energy and rail)
Should all sectoral regulation be given to the
competition authority?
Is a specialist appellate body necessary or should
appeals go directly to the Court of Session?
How should the new bodies be financed?
How should their independence be ensured?
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 19
20. A location:
◦ Not Edinburgh
A name:
◦ Post and Communications Regulatory Authority
(PCRA)?
◦ Post, Communications and Content Regulator
(PCCR)?
◦ Scottish Office of Communications (ScotCOM)?
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 20
21. Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 21
Ministry
Regulator
Parliament Court of Session
Appeals Tribunal
OperatorsConsumers
NCA
ITU OECD EU
23. No longer able to use .UK
◦ Apply to ISO for a two-letter code (ISO 3133)
◦ All the obvious names are taken
◦ Perhaps .AB (Alba)
No longer able to use +44
◦ Once a member of the United Nations, Scotland would
apply to ITU for an E.164 number
◦ Perhaps +424
◦ Add +44 to call England and Wales and vice versa
Consider renumbering:
◦ All fixed telephones
◦ All mobile phones
◦ Freephone and premium rate numbers
Carry forward arrangements for number portability
Separate IP addresses
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 23
24. Mobile telecoms, terrestrial and satellite
broadcasting
Also general authorisations
All existing licences would be split:
◦ Scotland
◦ England, Northern Ireland and Wales (ENIW)
Consultations would be required on conditions:
◦ England, N Ireland and Wales not greatly changed
◦ Scotland would have considerable changes:
Size of market
Much lower population density
Unknown regulatory burden
Ewan Sutherland, July 2012, ITS Europe, Wien 24
25. Operators know much more than the regulator
They might try bluffing the regulator:
◦ Raise the price for wholesale access
◦ Raise the mobile termination rates
Obvious threats are:
◦ To raise retail tariffs
◦ To shut down operations
◦ To spin off operations:
All of Scotland or just Highlands and Islands
Sell to private equity (c.f. Eircom or TDC)
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 25
26. First ever evaluation by operators
How onerous is the regulatory burden?
How expensive would reconfiguration be?
◦ Numbering
◦ Network operation centres
◦ National and international gateways
◦ Branding
◦ Consumer centres
How profitable would networks be?
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 26
27. High definition television transmission
network for UK
Jointly owned by BBC, ITV, Channel 4, Sky &
Arqiva (transmitter operator)
Licence splits on independence:
◦ Scotland
◦ England, Northern Ireland and Wales (ENIW)
Presumably the company also splits?
Are the commercial channels and their
advertisers interested in Scottish markets?
SNP will buy Eastenders, but what else?
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 27
28. 12 multiplexed transmissions 174-229 MHz
◦ Of which 8 are used in Scotland
Immediate loss of the UK-wide BBC multiplex
Would new network operation centres be needed?
Could commercial services recover costs on the
Scottish market?
Switch Digital:
◦ Central Scotland
◦ Aberdeenshire
Bauer Media (formerly Score Glasgow)
Broadly similar for FM, but fewer channels
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 28
http://www.utvdab.com/
29. First Minister has said Eastenders will be
available after independence
Scottish-BBC:
◦ Licence fee raises about £320 million
◦ BBC Scotland costs £100 million
◦ £220 million to buy programmes from ENIW-BBC
◦ Back catalogue available to both
Would Scots want to pay the licence fee?
STV seems relatively weak
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 29
30. Issues applicable to any split regulatory state
(e.g., Vlaanderen, Cataluña, Lombardia or
Freistaat Bayern)
Scotland is a small market about which little is
known:
◦ Low population density
◦ Slow adoption of new technologies
Independence would be a jarring shock:
◦ Creating new markets
◦ Requiring new institutions
Operators will have or seem to have dangerously
more information than the ministry or regulator
Rapid timetable to independence:
◦ With many and more important tasks going in in parallel
Ewan Sutherland, 30 November 2012, Strathclyde Business School, Glasgow 30