Hindsight in 2020? New Zealand's ‘Wait and See’ Approach to Mobile Broadband Regulation

Abstract

New Zealand's Ministry of Business, Innovation and Employment's Review of the Telecommunications Act 2001, released in 2013, highlighted an increased demand for mobile broadband service, particularly in relation to the 700 MHz spectrum auction of 14 January 2014 – space ideal for next-generation 4G or Long Term Evolution (LTE) mobile services. The government seemingly adopted a ‘wait and see’ approach to mobile broadband regulation, however, delaying its development until 2020 when there will be ‘a clearer sense of the impact of new networks and technology’. One can look to Canada to see the need for robust mobile broadband policies. Like New Zealand, Canada has relied primarily upon spectrum auctions to stimulate market competition. The spectrum auction frameworks used there, however, have done little to promote market competition. Applying the lessons learned from Canada to a New Zealand context, this article argues for a more assertive regulatory framework sooner rather than later.