Foundations and structure of state responsibility for infrastructure

What do the different regulatory regimes applying to network-bound sectors, such as energy supply (electricity, gas), transport (streets, railway tracks, waterways, air routes) and communications (telecommunications lines, radio communication) have in common? In the light of recent developments, a number of common features come to the fore, at least on the basis of the law of Germany and the EC. This article outlines a general legal theory for these network infrastructures. First, it examines the remaining State responsibility for infrastructure, and the reasons why the State retains a role despite its withdrawal from operational functions. Secondly, it sets out the legal structures of that responsibility, as it relates to primary or `broad' networks, and secondary or `narrow' networks and services provided over those networks.