Procedural transparency is one of the hallmarks of a good authorization process. Transparency increases the confidence of service providers, investors and other stakeholders in the authorization process. Accordingly, transparency reduces investment risk and increases the attractiveness of investment in national ICT markets. This in turn stimulates the expansion of the ICT infrastructure and ICT services.
The importance of transparency in the authorization process is emphasized in the WTO Regulation Reference Paper. Section 4 of this Paper specifically applies to transparency. This section provides that, where an authorization is required, the following information must be made publicly available: all of the licensing criteria; the period of time normally required to reach a decision on an application for an authorization; and the terms and conditions of individual authorizations. Section 4 also states that the reasons for the denial of an application for an authorization must be made known to the unsuccessful applicant upon request.
As suggested by the provisions of the WTO Regulation Reference Paper, in transparent authorization processes, ICT authorizations are generally issued, amended or revoked based on criteria published in advance. Specific practices that enhance the transparency of the authorization process are discussed throughout this module and particularly in the section on competitive authorization processes. As discussed in the Practice Note, “Using the Web to Increase Transparency (a link to which is set out below), some of the most common means of increasing transparency used by virtually all regulators today involve effective use of the Internet.
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Competitive Licensing Processes