DOI: 10.5176/2251-3809_LRPP18.49

Authors: Prof. dr. Serge J.H. Gijrath

Abstract:

This article assesses the regulation of Software Defined Networks (SDN) and Network Functional Virtualization (NFV) in the context of the European Union’s (EU) Commission desire to innovate infrastructure to promote economic growth in the internal market. SDN creates a number of legal issues, such as access rights to SDN in the advent of the deployment of 5G by virtual network operators, cost-sharing, software licensing and security arrangements. The author has analysed the EU’s regulatory proposals for a Telecom Single Market (TSM) regulation to see whether, and if so, how innovation policy objectives can be translated into sustainable regulation and whether existing electronic communications and network and information security regulation can be applied to SDN.1 SDN may prove a fine case of whether and if so, how to translate infrastructure policy objectives into sustainable regulation.

Keywords: Software Defined Networks; Network Function Virtualization; 5G frequencies; frequency auction; innovation; Telecom Single Market proposal; convergence fixed/mobile networks; network and information security; incentive regulation.

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