Mark Naftel – The Trade War

If one were to believe the politicians and pundits in the trade press, the world is in midst of a “telecoms revolution,” resulting from (the) deregulation and new competitive opportunities represented by the 1997 World Organisation Agreement on Basic Telecommunications Services. This may be true. Unfortunately, however, the actions of many regulators and industry participants more accurately reveal not a telecoms “revolution” but instead a growing telecoms trade war that is dangerously close to spiraling out of hand. In this book, Naftel and Spiwak review U.S. and competition and regulatory initiatives post-WTO and provide both a useful roadmap to today’s U.S., EU, and telecoms regulation and an examination of various case studies to illustrate their points. In so doing, the authors discover unfortunately the sad reality that, despite the political rhetoric, regulators on both sides of the Atlantic have eschewed innovative and indeed productive solutions to create a market structure conducive to long-term competitive rivalry. Instead, the authors demonstrate that current policies reveal a growing cynicism towards the maximization of consumer welfare that will be difficult – if not outright impossible - to remove.

Table Of Contents


  • 1: Policy for the New Millennium
  • 2: Why Restructure?
  • 3: Analytical Framework
  • 4: Evaluating Competition in a Post-WTO World
  • 5: The and the Reference Paper: An Ostensible Blueprint for Entry


  • 6: From International Competitive Carrier Paradigm to Effective Competitive Opportunities: The FCC’s
  • International Policies Pre-WTO
  • 7: Policies Post-WTO Part I-Benchmarks and Entry Fees
  • 8: Policies Post-WTO Part 2-The Naked Politicisation of the American Legal System
  • 9: “Do As I Say, Not As I Do”-US Efforts at Promoting Local Competition


Mark Naftel is a telecommunications lawyer and Partner at Norton Rose Solicitors, London. He is also an Adjunct Fellow of the Phoenix Centre.

Lawrence J Spiwak is the President of the Phoenix Center for Advanced Legal and Public Policy Studies in Washington, DC. He is an internationally recognized authority on the legal and economic issues affecting telecommunications.

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