Wednesday, August 25, 2004

Visit to Jan Smits

Monday I visited Jan Smits at home in Utrecht. Jan holds a chair in Law and Technology at the University of Eindhoven. We are working together in projects concerning digital radio, FTTH and telecom regulation.

We talked about the poor performance of DGTP of the Ministry of Economic Affairs in the Netherlands. First I assumed it had something to do with a lack of professionalism. But this is unfair to the staff members working in the Ministry. After studying several documents about the European regulatory framework, the real explanation should be sought in the weak position of DGTP and the Ministry of Economic Affairs in the policy making process of the European Community.

The starting point for policy making of the Ministry of Economic Affairs and DGTP in particular is formed by the common regulatory framework for electronic communications and services. The preceding policy process consists of reviews, public consultation and hearings, working documents and proposals. During this process, DGTP is just one of many contributors, like other Governments, Regulatory Authorities, Industry Associations, Consumer and user bodies, market players and other commercial organisations, research institutions and universities. Later, in the Netherlands, the directives of the European Community are implemented in the Dutch Telecommunication Act. OPTA and the other National Regulatory Authorities (NRA’s) increasingly work together to ensure a consistent and harmonised approach for the regulation of electronic communications.

The preceding makes clear that the European Directives are far more important then the Dutch Telecommunications Act and that the role of the Ministry of Economic Affairs and DGTP today is modest. I wonder which competences are realistic and necessary to establish a better performance of DGTP in the communication policy making process for the Netherlands.

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