Development of new types of infrastructures enables more facility based competition, where different network structures compete for provision of the same or similar services. It is necessary to ensure that regulation in different areas is technology neutral, if favoring of a particular infrastructure is to be avoided. In this respect licensing is one of the regulation areas that may impact technology development. If different licensees are needed for provision of different types of network structures regulation can easily unintentionally favor a particular technology.
It is, however, not always possible to treat all technologies in the same way. Provision of wireless technologies may need special regulation in order to avoid interference, and the laying of cables may also need some regulation in order to avoid unnecessary digging etc. The task is here to prepare a licensing system avoiding subsidizing or taxation of particular technologies, and on the other hand to ensure that the external costs of possible externalities are included in the licensing fees.
Apart from this, it should be noted that requirements for technology specific licensees will impose a barrier of entry. A network operator may refrain from use of an alternative network solution, if this needs an additional license. Technology specific licensees will therefore hamper development of new types of alternative infrastructures.