Evolution of Electronic Communications Operator Concept

Extract

[...] - The latest definitions of electronic communications operators: ? In addition, the Court of Justice of the European Union, in its judgment Skype Communications of 5 June 2019, has considered that the SkypeOut service, which allows calling fixed and mobile lines via the Internet, should be qualified as an electronic communications service. ? In its conclusions on the aforementioned case, the Advocate General has insisted that the qualification of a service as an electronic communications service depends on its functionality and interaction with traditional public networks, rather than the specific technology used. [...]

[...] Finally, doctrinal discussions have highlighted the challenges of preserving the openness of the Internet while ensuring equitable conditions for access providers and OTT services. Sources : - G. ECKERT, "The modes of financing public service in the competitive environment", in Public Service and the European Community between the general interest and the market, The French Documentation 1998, p. 429 - AJDA Dossier: "The financing of public service in the face of Community law" p and particularly the article by D. RIT-LENG, Financing of public service and State aid." - CE 21 March 2003, Sipperec, AJDA 2003, p note P. SUBRA DE BIEUSSES. B72. [...]

[...] 2004-669 of July relating to electronic communications and audiovisual communication services - Case C-543/09 Deutsche Telekom AG v. Federal Republic of Germany, Opinion of Advocate General Verica Trstenjak February 2011 - CJCE, Case C-55/06 Arcor AG & Co. Court of Justice of the European Communities / Federal Republic of Germany, Judgment of the Court (Fourth Chamber) April 2008 - Case C-227/07 European Commission v. Republic of Poland, Opinion of Advocate General Dámaso Ruiz-Jarabo Colomer June 2008 - Decision ARCEP: 05-0208 of 15 March 2005 relating to the definition of a closed user group. [...]

[...] The successive redefinitions of the status of operator - The consideration of technological evolutions : ? The technological evolutions have led to a progressive expansion of the notion of operator. Initially, only the providers of infrastructure and telephone services were concerned, but the arrival of IP networks and the development of innovative services have revolutionized the perimeter of regulation. ? The appearance of OTT (Over-The-Top) services, such as instant messaging and streaming platforms, has raised new legal questions. These services use existing networks without directly investing in infrastructure, while competing with traditional operators. [...]

[...] The subject concerns the law on the regulation of electronic communications. Author : Mission Officer - Legal Affairs Department of ARCEP Recipient : New member of the ARCEP College Subject : The evolution of the notion of electronic communications operator A Paris, on (date) Introduction The rapid transformation of information and communication technologies has redefined the boundaries of networks and services, revolutionizing the very foundations of electronic communications regulation. The evolution of the European and national legal framework has constantly sought to accompany these changes while ensuring the permanence of fundamental principles of neutrality, fairness and competition. [...]