Impacts of the 1996 Telecommunications Act on the US model of telecommunications policy

The 1996 Telecommunications Act provides mechanisms for all parties to pursue their interests. For instance, the Act incorporates two different and complementary approaches: (a)Â it authorizes all operators to operate in businesses from which they were previously excluded. (b)Â it incorporates some legal procedures and regulatory constraints, that provide parties with tools to defend their territories, excluding other operators. A striking example is the 'competitive checklist' for RBOCs to enter the interLATA long distance market. The undesired result of this approach is both the creation of enormous business opportunities for lawyers and a stalemate, because all parties have been quite successful in adopting defensive strategies to block others' initiatives. This has happened to the detriment of offensive moves that, as everyone hoped, would have increased competition in all markets and, as a consequence, the availability of innovative high quality services for the public at low prices. Analysis of the US regulatory model in the telecommunications sector, and in particular the specific studies carried out in three States, have led to a series of conclusions that can provide guidelines on the type of issues and some possible solutions with regard to telecommunications liberalization, relationships between different levels of regulation (e.g. federal/State), operator' strategic moves in response to regulation. The analysis of the US model, even though it is very much related to country-specific conditions, allows us to isolate some issues that other countries, and among them Italy, will be likely to face in the short term.