Unified and multi-service authorizations often do not fit neatly into the categories of general authorizations or individual authorizations. In some respects, unified and multi-service authorizations resemble general authorizations in so far as they cover broad classes of services. Moreover, the licensing process for unified and multi-service authorizations in several countries is akin to a general authorization licensing process. In the EU, for example, the Authorization Directive stipulates that the provision of electronic communications networks and services may only be subject to a general authorization. Thus, to obtain an electronic communications authorization, regulators may only require service providers to file a notification, along with required information. Regulators cannot require service providers to obtain an explicit decision or any other administrative act by the regulator.
Nevertheless, in many cases, the process for obtaining unified and multi-service authorizations involves more intensive regulatory scrutiny and assessment of applicants, particularly where the authorizations permit the operation of network infrastructure. The application process often requires that applicants demonstrate that they can meet certain basic criteria for licensing. Although these criteria may not be onerous, they necessitate a closer degree of scrutiny than what might otherwise be expected in a straightforward general authorization licensing process.
For example, in Singapore, the Info-communications Development Agency (IDA) undertakes a merit-based evaluation of proposals made by applicants for a Facilities Based Operator (FBO) Licence. This evaluation process generally takes eight weeks. The process for obtaining a Service Based Operator (FBO) (Individual) Licence requires less intensive evaluation of licence applications, however. Provided that applicants have provided all necessary information, they generally receive their FBO (Individual) Licence within fourteen days of submitting their application.
The Tanzanian multi-service licensing process also involves a careful scrutiny of submitted applications. Applicants are required to file an application form, a business plan, a roll out plan, company registration, information on the technical proposal of the service to be provided, information about the applicant’s previous experience in the ICT sector, and a company profile. The Tanzanian regulator assesses the materials submitted and conducts a detailed evaluation of how well the applicant meets the specific licensing criteria established for each type of multi-service authorization sought. As information about applicants are published in newspapers, an Evaluation Team also considers any comments received about the applicant by members of the public.
In some cases, the licensing process requires the submission of a range of information and documentation that extends beyond what is typically required in a notification for a general authorization. For example, applicants for a Public Infrastructure Provider (PIP) Licence in Uganda must submit a letter of credit in favour of the Ugandan Communications Commission (UCC) for at least US$25,000 with their application. PIP Licence applicants who propose to use spectrum resources must submit a letter of credit for either US $250,000 or US$2 million, depending on the frequency band.
Unified and multi-service authorizations are not typically subject to the types of licensing processes used to issue individual authorizations, however. Neither comparative evaluations nor competitive licensing processes are generally used to issue unified and multi-service authorizations. Moreover, most countries do not limit the number of unified and multi-service authorizations available for issue. Thus, unified and multi-service licensing processes do not fall neatly into the category of individual authorizations.
In many cases, the licensing process for unified and multi-service authorizations can best be described as a non-competitive individual licensing process. Such a process is a hybrid of typical general authorization licensing processes and aspects of competitive licensing processes. Applicants must submit an application that requires them to provide a range of information and documentation. The information and documentation that must be provided may be broader in scope than that which is necessary in many general authorization licensing processes, particularly in the case of authorizations that permit the operation of infrastructure. Some of the licensing criteria resemble the qualification and selection criteria common in comparative evaluation licensing processes. There is, however, an important difference: in the licensing processes for unified and multi-service authorizations, applicants typically do not compete with other each for a limited number of authorizations.
Regulators typically will issue a unified or multi-service authorization if the applicant has provided all necessary information and documentation and has met all licensing criteria. In this regard, the process bears a resemblance to general authorization regimes. However, determining whether the applicant has met the licensing criteria may involve a merit-based assessment of the applicant’s proposal. This type of intensive regulatory evaluation goes beyond the scrutiny conducted in most general authorization licensing processes.