Who defines a new market when a new technology or service is launched?
Regulation under the current EU telecoms rules is based on competition law principles. In practice, this means that whenever a new technology is introduced, the national regulator has to analyze whether this technology is used to provide services comparable to existing services or whether this technology provides a totally new service (one that is clearly distinguishable from existing services or products). Only in the second case can regulation of a new market be justified.