The telecommunications sector has undergone extensive changes in recent decades, from a monopoly structure to one of competition, motivated by the evolution of new technologies and services, the growing importance of telecommunications for national economies and the development of international trade in telecommunications services. This module provides an analysis of how countries have undertaken regulatory reform to adapt to these changes, and explores the legal and institutional framework necessary for effective regulation. The module is organized in six chapters:
The Introduction provides a roadmap of the study and an overview of the objectives of the module.
2. Why Regulate?
This Chapter briefly discusses the need for regulation to ensure the market transition from monopoly to competition and to safeguard the public interest.
3. Legal Context of Regulatory Reform
This Chapter provides an overview different factors that may impact regulation, such as: (i) the different legal and cultural traditions of each country; (ii) the national and international commitments undertaken by the government; (iii) the impact of other legislation that impact the sector; and (iv) level of maturity of the market.
4. Impact of Convergence
Chapter examines the impact of convergence on regulation of the sector,
analyzing how regulators have responded to convergence with more flexible and
streamlined regulatory frameworks and how ICT related laws have impacted the
5. Organizational and Institutional Approaches to Regulation
This Chapter provides a detailed analysis of the organizational and institutional approaches to regulation, and discusses institutional design options, the separation of power and relationship of the regulator with other
entities, the legal status of regulators, their funding process, staffing procedures and ethical conduct. The objective of this Chapter is to identify what it means to be an effective regulator, and the different dimensions of
effectiveness, including structural and financial independence and functionality.
6. Functional Aspects of Regulation
This Chapter provides an analysis and overview of the regulator's competencies, mandate and regulatory procedures, including decision-making procedures, accountability of regulatory activities, and dispute resolution and enforcement procedures.
Legal and Institutional Aspects of Regulation: Executive Summary