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Vol.14 Issue 1 (2018)

Infrastructure Innovation in India: What can be inferred from EU Regulation?

Serge J.H. Gijrath

This article assesses the innovation policy objectives underlying the proposed EU Telecom Single Market (TSM) regulation considering disruptive technological developments and asks what the regulator in India can infer from such regulation. The paper explores the network operator’s dilemma of how to deal with investments in a time where fundamental innovation comes from outside, and the regulator’s dilemma of how to improve the conditions for access to the operators’ networks and safeguard a level playing field. The measures with respect to two technological developments: the deployment of 5G and the goal to ensure very high-speed broadband access in the EU have been analysed. Thought is given to the effectiveness of imposing active and passive infrastructure arrangements. Should private law prevail over market regulation? A mix of regulatory measures is considered.


Endowed professor of telecommunications and ICT law, elaw@Leiden, and attorney-atlaw in private practice – active for clients in the IT, media and electronic communications sector, including ECN operators and IT suppliers.

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