Technical Standards/Licensing

• Licensing requirements should be predictable and consistent and should not impede competition.
   
• There is no need for licensing of ISPs.
  • Licensing should not be used as a means of restricting market entry.
  • The marketplace and ordinary business law are sufficient to protect consumers.
     
• Technical standards should not impede competition.
   
• There is no need for individual licensing or approval of equipment.
   
• Open standards and interoperability promote innovation, growth and expanded access.

Resources on licensing Robert Horvitz, "Beyond Licenced vs. Unlicenced: Spectrum Access Rights Continua" [pdf] (January 2007) - examines WiFi licensing policies worldwide and calls for study of license-exempt model. Related materials: background papers and PowerPoint presentations   Robert Horvitz, "Media Licensing, Convergence and Globalisation" [pdf] (October 2005)   Article XIX, "The legitimacy of license requirements of the use of wireless communications services" [pdf]

Licensing Options for ISPs

Under ideal circumstances, there is no need for governments to license Internet Service Providers ("ISPs") - government licensing can impede competition and innovation and slow development of the Internet. However, this approach has not been universally accepted. Indeed, under current conditions in some countries, licensing gives ISPs rights against the dominant telecommunications operator and gives them legal standing to fight for their rights before the regulatory authority.

In practice, some countries require ISPs to obtain government- issued licenses before commencing operations. Other countries regulate ISP operations pursuant to general authorizations. In the event a government opts to impose a licensing or general authorization requirement on ISPs, what are the "best practices" for how the licensing or authorization rules and procedures should be structured? GIPI has prepared a memo addressing this question.

• Licensing Options for ISPs (June 2001) (html) (pdf)