Download Telecommunications Legislation in Transitional and by Tim Schwarz PDF

By Tim Schwarz

A good felony and regulatory framework is key with a view to allure inner most funding into the telecommunications region of so much transitional and constructing nations (TDCs) and to make sure that the TDC has the easiest probability of attaining the advantages for the rustic as a complete that move from a aggressive telecommunications area. to assist decisionmakers establish concerns raised by means of their specific markets and craft suggestions to these wishes, this quantity examines the layout of telecommunications laws in different TDCs, that are engaged in liberalizing and privatizing this region. It seems to be at classes discovered, identifies most sensible perform, and makes thoughts for development.

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Extra resources for Telecommunications Legislation in Transitional and Developing Economies (World Bank Technical Paper)

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In light of these ongoing differences, many TDCs have decided to deal with the regulation of the postal sector and the regulation of the telecommunications sector in separate laws, rather than in the same law. The FTL has been prepared on this basis. - 19- Telecommunications Legislation 11. THE TELECOMMUNICATIONS REGULATORY FUNCTION This Section examines a number of key considerations concerning the design of the telecommunications regulatory function under a telecommunications legal regime, and the ways in which a TDC’s decisions concerning the telecommunications regulator can be reflected in its telecommunications law.

Key regulatory design issues To be most effective in a liberalized environment, the regulatory function should exercised independently. In practical terms, this implies some sort of separation of the regulatory from the political (policy setting) and operational (ownership) functions in the - 21 - Telecommunications Legislation sector. Traditionally, the telecommunications ministry was all three-regulator, owner and policy setter. In order to accomplish regulatory independence, the FTL contemplates an allocation of the different functions along the following structural lines: REGULATION POLICY I I Ministry OPERATION I Regulator Owners I The main reason for the separation of these functions is to eliminate opportunities for the TRB to be in a conflict of interest and therefore to ensure that its regulatory decisions are independent of other influences.

Article 22), it is necessary to carve out those matters which are outside ofhe domain of the TRB. This is consistent with the notion state has an interest in ensuring its fair regulation of a liberalized telecommunications sector with participation by private sector interests. This rationale will not apply to state operations. As mentioned in the comment to Article 2, where a broadcast medium is used to deploy what is essentially a telecommunications service, the broadcast operator should not be able to shield itself behind a broadcast license as a means to avoid regulation under the telecommunications law if the service being provided is a telecommunications service.

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