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broadband strategies handbook.pdf - Khazar University

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19. Independent Communications Authority of South Africa, “Infraco ECNS[Electronic Communications Network Services] License,” October 2009, http://www.infraco.co.za/Legal/ECNS%20License.<strong>pdf</strong>.20. infoDev and ITU, “ICT Regulation Toolkit, Module 2: Competition and PriceRegulation,” sec.7.6.5, Competition and Sharing, http://www.ictregulationtoolkit.org/en/Section.3486.html.21. ARCEP has promulgated a series of regulations that cover fiber deployments inthe country. Different rules apply to installations in rural as opposed to urbanareas. In addition, the Law on Modernizing the Economy (August 2008)introduced the idea of fiber “mutualization,” whereby the fiber installer mustmake the fiber available to other companies. ARCEP also contemplated (butultimately did not adopt) a requirement that multiple strands of fiber beinstalled initially to accommodate multiple providers.22. infoDev and ITU, “ICT Regulation Toolkit, Practice Note: Structural andFunctional Separation of Mobile Network Operators,” http://www.ictregulationtoolkit.org/en/PracticeNote.aspx?id=3268.23. Under the 2009 Telecoms Reform, the market-based remedies are obligationsof transparency, nondiscrimination, accounting separation, access to and use ofspecific network facilities, and price control and cost accounting. See EuropeanUnion (2009a, art. 13a).24. Amended EU Access Directive, art. 13a.25. infoDev and ITU, “ICT Regulation Toolkit, Practice Note: Structural SeparationExplained and Applied,” http://www.ictregulationtoolkit.org/en/PracticeNote.3149.html.26. Telstra, “Telstra Lodges Structural Separation Undertaking and MigrationPlan with ACCC,” Press Release, August 1, 2011, http://www.telstra.com.au/abouttelstra/media-centre/announcements/Telstra-lodges-Structural-Separation-Undertaking-with-ACCC.27. Telstra, “Telstra Signs NBN Definitive Agreements,” Press Release, June 23,2011, http://www.telstra.com.au/abouttelstra/media-centre/announcements/telstra-signs-nbn-definitive-agreements-2.xml.28. Decree no. 368 of March 18, 2011.29. The World Summit on Information Society (2003, para. 35), Geneva Declarationof Principles, for example, recognizes that “strengthening the trustframework, including information security and network security, authentication,privacy and consumer protection, is a prerequisite for the development ofthe Information Society and for building confidence among users of ICTs.”30. Google has to adopt a series of remedial measures spanning from imageblurring (required in Canada, Germany, and Switzerland), preannouncingitineraries, and marking its vehicles (required in Italy). In addition to photographsof streets, Google collected information to map Wi-Fi networks and, indoing so, collected (inadvertently, as determined by some authorities to date)personal information, including e-mails, URLs, and passwords. In light of this,Google has agreed to modify its privacy practice and delete personal datacollected (in countries such as Austria, Canada, Denmark, and Ireland). Googlealso has been subject to monetary penalties for these breaches, including aLaw and Regulation for a Broadband World 145

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