Current and Future Challenges Facing In-House Counselors and Legal Advisors Electronic (Mobile) Communications Sector

November 2007

Abstract

Provision of electronic communications and, especially, mobile communications is one of the fastest developing sectors in Europe and the World. However, due to the 'public interest' of communications services and communication networks some services are subject to intensive competition regulation, which is implemented at the community (European) level and at national level. Being a legal counsellor for Mobitel d.d., the incumbent public mobile communications provider/network operator in Slovenia, for several years, I have been able to witness several reforms and changes of the electronic communications competition regulation legislation as well as changes in the underpinning principles and main/guiding objectives (of e.c. regulation). This article highlights the main responsibilities, tasks and functions of the in-house legal regulatory counsellors and services over the time, including the past, present and anticipated challenges in the electronic communications regulation on the basis of my past experience and work at Mobitel. Nevertheless most topics described in this article apply to all providers of electronic communication networks and services within the EU and to electronic communication regulation in general.

Author

Mojca Stros

Senior Adviser for Regulatory and Legal Affairs, Telekom Slovenije D.D., Slovenia

Mojca Štros joined Mobitel in 1997 as head of Legal Department. She was appointed senior adviser for regulatory affairs in 2001. She is responsible for the regulatory compliance of Mobitel's business activities and she actively participates in working groups with other operators and the national regulator authority in the initial drafting of regulatory legislation. She has been a member of the inter-operator working group for the recent implementation of mobile number portability . Her main duties comprise of providing legal assistance for the drafting and the negotiation of inter-operator contracts. After graduating in Law at the University of Ljubljana, Mojca Štros achieved bar status and held a successful practise in the district court of Ljubljana. She continued her career at the government administration, where she participated in the drafting of regulations for the newly independent Slovenia.

Company

Telekom Slovenije D.D.

Mobitel is a Slovenian mobile telecommunications operator spreading the use of mobile telecommunications in Slovenia with state-of-the-art technology and service solutions, many of which are the result of the company in-house development. Through its operation the company aims to provide the most cutting-edge technologies and services to mobile telecommunications users at friendly prices and to continually introduce global novelties. Satisfaction of the users is reflected in the large number of Mobitel network users and their commitment among other things. Mobitel is the leading mobile operator in a country with one of the highest penetration rates in Europe. Mobitel provides the most up-to-date services to its users and offers advanced generations of mobile telecommunications GSM 900/1800, GPRS, WLAN and UMTS. In addition to technological progress and innovation, we are also guided in our operation by the principle of social responsibility and therefore we closely cooperate with the broader social environment. In following the guideline of such cooperation Mobitel became the owner of the salt producing company Soline, pridelava soli and thus endeavours to preserve the natural and cultural heritage of Secovlje saltpans. In 2003 Mobitel founded a subsidiary company Planet 9, which is the supplier of mobile contents, while the company has also committed to the promotion of mobile payment by founding a jointly-owned subsidiary with Nova KBM bank - M-Pay in 2004.

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