David Stewart
David Stewart joined Towerhouse LLP as a partner in July 2013. David is a competition and regulatory lawyer with a career-long specialisation in regulated sectors, with particular experience in communications.
David was previously a Competition Policy Director at Ofcom, the UK's converged communications regulator, leading Ofcom's programme of fixed and mobile telecoms market reviews, including Ofcom's advisory role in mergers in the sector. He also served as Ofcom's Director of Investigations, leading the UK's largest competition law enforcement programme at an economic regulator, and responsible for enforcing consumer law and regulatory rules and resolving access and interconnection disputes. He held a governance role in relation to Ofcom's work on competition in broadcasting markets (including pay TV), spectrum clearance and awards, consumer policy, internet policy and enforcement. He was also involved in Ofcom's engagement in European and international regulatory issues, regularly representing Ofcom in dealings with other national regulatory agencies and with the European Commission.
Prior to joining Ofcom, David was Director of Public Policy and Regulatory Affairs at Energis (a top 3 UK telecoms operator) and Director of Legal and Regulatory Affairs for the international division of Cable & Wireless (then a multi-national FTSE100 company), advising the incumbent national telcos in 31 countries. He was previously a lawyer in private practice with Gilbert & Tobin and Minter Ellison.
David qualified in science (molecular genetics/zoology) and law.
7 Contributions by David Stewart
PRACTICE NOTES
Access and interconnection regulation: EU Access Directive, EECC reforms, NRA powers and remedies, market reviews, and UK Brexit implementation
ARCHIVED:
This Practice Note is archived and is no longer being updated or maintained. It concerns Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities, as revised by Directive 2009/140/EC (the Access Directive). It forms part of a suite of Practice Notes covering the key aspects of the EU regulatory regime for electronic communications. Across the EU, the supply of electronic communications networks and services in each Member State is subject to a common regulatory framework (the Framework), which initially consisted of five directives. The aim of the Framework was to create a harmonised system for regulating electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and took effect three days after publication. The European Electronic Communications Code brings together four of the directives (including the Access Directive) that constitute the Framework, with the aim of stimulating investment in new high-capacity networks, chiefly 5G and new fibre networks. Member States have until 21 December 2020 to implement...
TMT
PRACTICE NOTES
Electronic communications regulation: EU Framework Directive 2002/21/EC and EECC recast—UK (Ofcom) implementation, Brexit, NRAs/BEREC, SMP, dispute resolution, security, spectrum and numbering [Archived]
ARCHIVED:
This Practice Note is archived and no longer updated. It concerns Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002, which set out a common regulatory framework for electronic communications networks and services, as later amended by Directive 2009/140/EC (the Framework Directive). It forms part of a suite of Practice Notes addressing core elements of the EU regime for electronic communications.
Across the EU, a single regulatory scheme governs the provision of electronic communications networks and services in every Member State; at the outset it consisted of five directives (the Framework). The aim of the Framework was to create a harmonised system for regulating these networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and entered into force three days after publication. The European Electronic Communications Code consolidates four of the directives (including the Framework Directive) that make up the Framework, with the purpose of stimulating investment in new high-capacity infrastructure, notably 5G and new fibre networks. Member States have until 21 December 2020 to...
TMT
PRACTICE NOTES
EU electronic communications authorisation (Directive 2002/20/EC): general authorisation, spectrum licensing and regulatory conditions—UK implementation, Brexit and EECC reforms
ARCHIVED:
This Practice Note is archived and no longer updated. It addresses Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 concerning the authorisation of electronic communications networks and services, as modified by Directive 2009/140/EC (the Authorisation Directive). It forms part of a collection of Practice Notes on key elements of the EU regulatory framework for electronic communications. Across the EU, the supply of electronic communications networks and services in each Member State is governed by a common regulatory scheme, which initially comprised five directives (the Framework). The Framework’s purpose was to create a harmonised regime for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and entered into force three days after publication. The European Electronic Communications Code consolidates four of the directives (including the Authorisation Directive) that constitute the Framework, with the aim of stimulating investment in new high-capacity networks, primarily 5G and new fibre networks. Member States have until 21 December 2020 to implement it into national...
TMT
PRACTICE NOTES
EU Electronic Communications Framework (Archived): Directives, Competition and SMP, Authorisation, Access/Interconnection, Universal Service and ePrivacy; UK Transposition, Brexit, and Replacement by the European Electronic Communications Code
ARCHIVED:
This Practice Note is archived and no longer updated. It sets out an overview of the EU regime governing electronic communications (the Framework) and its principal components. It outlines the scope and substance of the key directives comprising the Framework, together with the policy themes they cover. The aim of the Framework was to deliver a harmonised system for regulating electronic communications networks and services across the EU. The European Commission has issued a complete set of Framework documents as at December 2009. The Framework has since been superseded by Directive (EU) 2018/1972, the European Electronic Communications Code, which restates and consolidates the Framework directives (excluding Directive 2002/58/EC (the ePrivacy Directive)). Directive (EU) 2018/1972 establishing the European Electronic Communications Code was approved by the Council of the EU on 3 December 2018, published in the Official Journal of the EU on 17 December 2018, and took effect three days after publication. Member States have until 21 December 2020 to implement the Code in national legislation. This Practice Note chiefly examines the Framework, and also touches on its reform through the European Electronic Communications Code, reflecting the recast and consolidation of the prior directives excluding the ePrivacy Directive as noted above...
TMT
PRACTICE NOTES
EU ePrivacy Directive: electronic communications privacy, GDPR interplay, security/confidentiality, traffic and location data, directories and caller ID, itemised billing, unsolicited marketing, EECC updates, and key CJEU case law
This Practice Note explores Directive 2002/58/EC (the ePrivacy Directive)
This Practice Note examines Directive 2002/58/EC (the ePrivacy Directive), which sets rules on the confidentiality of communications and the processing of personal data within the electronic communications sector. It forms part of a series of Practice Notes addressing key features of the EU regulatory framework for electronic communications. Across the EU, the supply of electronic communications networks and services in each Member State is subject to a common regulatory scheme, which previously consisted of five directives, including the ePrivacy Directive. See Practice Note: EU regulatory framework for electronic communications [Archived]. The framework’s original purpose was to deliver a harmonised regime for regulating the electronic communications sector. In December 2018, the framework was revised through Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code). That measure consolidated four of the directives making up the framework. The European Electronic Communications Code has applied since December 2018, although Member States had until 21 December 2020 to transpose it into national law. See Practice Note: The European Electronic Communications Code. The ePrivacy Directive remains the only directive in the framework not consolidated into the Code. Note that the ePrivacy Directive was due to be...
EU Law
PRACTICE NOTES
EU Universal Service Directive and European Electronic Communications Code: scope, end-user rights, USO designation and funding, switching and number portability, must carry and warning systems, UK implementation and Brexit
ARCHIVED:
This Practice Note is archived and is no longer maintained. It concerns Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights in relation to electronic communications networks and services, as revised by Directive 2009/136/EC (the Universal Service Directive). It forms part of a suite of Practice Notes addressing the key components of the EU regulatory regime for electronic communications. Across the EU, the operation of electronic communications networks and services in each Member State is subject to a shared regulatory system that initially consisted of five directives (the Framework). The Framework’s purpose was to create a harmonised regime for regulating electronic communications networks and services across the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and entered into force three days later. The European Electronic Communications Code consolidates four of the directives (including the Universal Service Directive) that comprise the Framework, with the aim of encouraging investment in new high-capacity infrastructure, chiefly 5G and next-generation fibre. Member States have until 21...
TMT
PRACTICE NOTES
UK electronic communications regulation: Ofcom's General Conditions, authorisation, spectrum, access/interconnection, SMP remedies, universal service, numbering, privacy, security and consumer protection (Communications Act 2003; WTA 2006; EECC-aligned)
This Practice Note outlines the UK’s regulatory framework for electronic communications, commonly called telecommunications (telecoms), clarifying which services are regulated and, where they are, what obligations apply. In the UK, the primary regime is founded on the Communications Act 2003 (CA 2003), the Wireless Telegraphy Act 2006 (WTA 2006), Ofcom’s General Conditions of Entitlement (General Conditions), together with Ofcom’s related regulatory functions and powers. This Practice Note summarises these principal elements of regulation and explains how and when they operate. Other regulatory regimes may affect the telecoms sector, including general consumer and competition law. However, the emphasis of this Practice Note is the telecoms regulatory regime. For general guidance on the other regimes mentioned above, see the following:
UK competition regime—overview
Data protection regime—overview
Cybersecurity, threats and risk management—overview
Consumer remedies and enforcement—overview
Summary of the regulatory framework
CA 2003 implemented in the UK several EU laws designed to harmonise telecoms regulation across the EU. It also provides the basis for Ofcom’s powers, granting authority for Ofcom to set conditions, for example (which include Ofcom’s General Conditions, compliance with which effectively replaced the previous need for any communications provider, under earlier regulatory arrangements, generally in practice, to hold a...
TMT
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