Toolkit

Table of Contents Table of Practice Notes Table of Reference Documents Glossary
Module 1 Overview & Module 6 Executive Summary are also available in French, Spanish, Russian, Arabic and Chinese.
 

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6 Organizational and Institutional Approaches To Regulation

Fundamental elements must be addressed to create a successful regulatory authority. In particular, countries must determine the appropriate legal status of the regulator and the impact, if any, that the organization’s legal standing has on its operations and functions. The legal status of the regulatory authority will depend on the country’s political and legal systems.

Once the regulator’s mandate and competencies have been established, it is important to determine the regulator’s institutional design, as well as its relationship with the government, industry, and the public. The institutional design of the regulator will affect the structure of the regulator, including its leadership and management organization and its organizational and administrative structures. Additionally, the successful management of a regulator and the effective exercise of its functions will be affected by the administrative structure of the regulator, such as its staffing process and the ethical conduct of its staff.

Contents

6.1 Institutional Design Options 6.2 Administrative Structures: Staffing and Remuneration 6.3 Separation of Power and Relationship of Regulator with Other Entities 6.4 Legal Status of Regulatory Authorities 6.5 Ethics Rules and Conflicts of Interest

Reference Documents

Cover image: Australian Communications and Media Authority Act 2005 Cover image: Australian Communications and Media Authority Act 2005

Australian Communications and Media Authority Act 2005

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Cover image: World Bank - Code of Ethics Cover image: World Bank - Code of Ethics

World Bank - Code of Ethics

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Cover image: US Standards of Ethical Conduct for Employees of the Executive Branch Cover image: US Standards of Ethical Conduct for Employees of the Executive Branch

US Standards of Ethical Conduct for Employees of the Executive Branch

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Cover image: UK Civil Service Management Code Cover image: UK Civil Service Management Code

UK Civil Service Management Code

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Cover image: Peru - Reglamento de Transparencia de Osiptel Cover image: Peru - Reglamento de Transparencia de Osiptel

Peru - Reglamento de Transparencia de Osiptel

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Cover image: Public Service Ethics in Africa Cover image: Public Service Ethics in Africa

Public Service Ethics in Africa

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Cover image: Organisation for Economic Co-operation and Development - Draft Toolkit  for Managing Conflict of Interest in the Public Sector Cover image: Organisation for Economic Co-operation and Development - Draft Toolkit  for Managing Conflict of Interest in the Public Sector

Organisation for Economic Co-operation and Development - Draft Toolkit for Managing Conflict of Interest in the Public Sector

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Cover image: Organisation for Economic Co-operation and Development - Guidelines for Managing Conflict of Interest in the Public Service Cover image: Organisation for Economic Co-operation and Development - Guidelines for Managing Conflict of Interest in the Public Service

Organisation for Economic Co-operation and Development - Guidelines for Managing Conflict of Interest in the Public Service

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Cover image: Namibia Ethics and Good Governance Cover image: Namibia Ethics and Good Governance

Namibia Ethics and Good Governance

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Cover image: Corruption and Patronage Politics: The Case of  "Harambee" in Kenya Cover image: Corruption and Patronage Politics: The Case of  "Harambee" in Kenya

Corruption and Patronage Politics: The Case of "Harambee" in Kenya

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Cover image: Kenya Public Officer Ethics Act Cover image: Kenya Public Officer Ethics Act

Kenya Public Officer Ethics Act

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Cover image: Hong Kong - Civil Service Guide Cover image: Hong Kong - Civil Service Guide

Hong Kong - Civil Service Guide

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Cover image: Hong Kong - Acceptance of Advantages Cover image: Hong Kong - Acceptance of Advantages

Hong Kong - Acceptance of Advantages

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Cover image: Multidisciplinary Group on Corruption Recommendation 2000 (Council of Europe) Cover image: Multidisciplinary Group on Corruption Recommendation 2000 (Council of Europe)

Multidisciplinary Group on Corruption Recommendation 2000 (Council of Europe)

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Cover image: Federal Communication Commission  -  Paper on Ethics Cover image: Federal Communication Commission  -  Paper on Ethics

Federal Communication Commission - Paper on Ethics

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Cover image: Declaration of Interests by Senior Civil Servants in Some Overseas Countries Cover image: Declaration of Interests by Senior Civil Servants in Some Overseas Countries

Declaration of Interests by Senior Civil Servants in Some Overseas Countries

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Cover image: Managing Conflicts of Interest in the Americas: A Comparative Review Cover image: Managing Conflicts of Interest in the Americas: A Comparative Review

Managing Conflicts of Interest in the Americas: A Comparative Review

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Cover image: Canada - Fact sheet from Organisation for Economic Co-Operation and Development forum Cover image: Canada - Fact sheet from Organisation for Economic Co-Operation and Development forum

Canada - Fact sheet from Organisation for Economic Co-Operation and Development forum

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Cover image: Canada - Conflict of Interest Code Cover image: Canada - Conflict of Interest Code

Canada - Conflict of Interest Code

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Cover image: Comissão de Ética Pública, 1999 (Brazil) Cover image: Comissão de Ética Pública, 1999 (Brazil)

Comissão de Ética Pública, 1999 (Brazil)

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Cover image: Uganda - Communications Act 1997 Cover image: Uganda - Communications Act 1997

Uganda - Communications Act 1997

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Cover image: Tanzania - Communications Regulatory Authority Act 2003 Cover image: Tanzania - Communications Regulatory Authority Act 2003

Tanzania - Communications Regulatory Authority Act 2003

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Cover image: Independent Communications Authority of South Africa Act 2000 Cover image: Independent Communications Authority of South Africa Act 2000

Independent Communications Authority of South Africa Act 2000

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Cover image: Poland - Annual Report 2003 Cover image: Poland - Annual Report 2003

Poland - Annual Report 2003

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Cover image: Peru - Annual Report 2003 (Organizational and Human Resources Policies) SPANISH Cover image: Peru - Annual Report 2003 (Organizational and Human Resources Policies) SPANISH

Peru - Annual Report 2003 (Organizational and Human Resources Policies) SPANISH

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Cover image: Minnesota Public Utilities Commission and Related Agencies Structure and Function 2002 Cover image: Minnesota Public Utilities Commission and Related Agencies Structure and Function 2002

Minnesota Public Utilities Commission and Related Agencies Structure and Function 2002

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Cover image: Malta Communications Authority - Annual Report 2004 Cover image: Malta Communications Authority - Annual Report 2004

Malta Communications Authority - Annual Report 2004

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Cover image: Luxembourg - Institut Luxembourgeois de Régulation - Annual Report 2003 Cover image: Luxembourg - Institut Luxembourgeois de Régulation - Annual Report 2003

Luxembourg - Institut Luxembourgeois de Régulation - Annual Report 2003

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Cover image: Latvia Public Utilities Commission Annual Report, 2004 Cover image: Latvia Public Utilities Commission Annual Report, 2004

Latvia Public Utilities Commission Annual Report, 2004

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Cover image: India - Telecom Regulatory Autority of India Act - Part II - Chapter 2 Cover image: India - Telecom Regulatory Autority of India Act - Part II - Chapter 2

India - Telecom Regulatory Autority of India Act - Part II - Chapter 2

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Cover image: Honduras - Ley Marco del Sector de Telecomunicaciones Cover image: Honduras - Ley Marco del Sector de Telecomunicaciones

Honduras - Ley Marco del Sector de Telecomunicaciones

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Cover image: Guatemala - Ley General de Telecomunicaciones (2002) Cover image: Guatemala - Ley General de Telecomunicaciones (2002)

Guatemala - Ley General de Telecomunicaciones (2002)

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Cover image: Estonian National Communications Board Annual Report, 2003 Cover image: Estonian National Communications Board Annual Report, 2003

Estonian National Communications Board Annual Report, 2003

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Cover image: Electronic Communication Committee - Report 43 Dispute Resolution Settlement Procedures (2003) Cover image: Electronic Communication Committee - Report 43 Dispute Resolution Settlement Procedures (2003)

Electronic Communication Committee - Report 43 Dispute Resolution Settlement Procedures (2003)

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Cover image: Controlling Market Power in Telecommunications: Antitrust vs. Sector-Specific Regulation Cover image: Controlling Market Power in Telecommunications: Antitrust vs. Sector-Specific Regulation

Controlling Market Power in Telecommunications: Antitrust vs. Sector-Specific Regulation

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Cover image: Botswana - Telecommunications Act 1996 Cover image: Botswana - Telecommunications Act 1996

Botswana - Telecommunications Act 1996

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Cover image: Botswana - Annual Report 2003-2004 Cover image: Botswana - Annual Report 2003-2004

Botswana - Annual Report 2003-2004

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Cover image: Bahrain Telecommunications Law Cover image: Bahrain Telecommunications Law

Bahrain Telecommunications Law

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Cover image: US Spam Act Cover image: US Spam Act

US Spam Act

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Cover image: India - Telecom Regulatory Authority of India - Amendment Ordinance 2000 Cover image: India - Telecom Regulatory Authority of India - Amendment Ordinance 2000

India - Telecom Regulatory Authority of India - Amendment Ordinance 2000

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Cover image: Panama - Law 26, Creating Panamanian Regulator of Public Services (1996) Cover image: Panama - Law 26, Creating Panamanian Regulator of Public Services (1996)

Panama - Law 26, Creating Panamanian Regulator of Public Services (1996)

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Cover image: Memorandum of Agreement between Federal Trade Commission and Department of JusticeTrade Commission and Departament of Justice Cover image: Memorandum of Agreement between Federal Trade Commission and Department of JusticeTrade Commission and Departament of Justice

Memorandum of Agreement between Federal Trade Commission and Department of JusticeTrade Commission and Departament of Justice

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Cover image: India - Telecom and Competition Policy Cover image: India - Telecom and Competition Policy

India - Telecom and Competition Policy

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Cover image: Organisation for Economic Co-operation and Development - Telecommunications Regulatory Institutional Structures and Responsibilities Cover image: Organisation for Economic Co-operation and Development - Telecommunications Regulatory Institutional Structures and Responsibilities

Organisation for Economic Co-operation and Development - Telecommunications Regulatory Institutional Structures and Responsibilities

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Cover image: Federal Communications Commission - Organizational Functions and Procedures Booklet Cover image: Federal Communications Commission - Organizational Functions and Procedures Booklet

Federal Communications Commission - Organizational Functions and Procedures Booklet

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Cover image: Colombia - Comisión de Regulación de Telecomunicaciones, Resolution 274 of 2000 Cover image: Colombia - Comisión de Regulación de Telecomunicaciones, Resolution 274 of 2000

Colombia - Comisión de Regulación de Telecomunicaciones, Resolution 274 of 2000

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Cover image: Turkey - Amending Law No. 4502 Cover image: Turkey - Amending Law No. 4502

Turkey - Amending Law No. 4502

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Cover image: Botswana Telecommunications Amendment Bill 2004 Cover image: Botswana Telecommunications Amendment Bill 2004

Botswana Telecommunications Amendment Bill 2004

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Cover image: ITU Effective Regulation Case Study: Morocco Cover image: ITU Effective Regulation Case Study: Morocco

ITU Effective Regulation Case Study: Morocco

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Cover image: Hungary - Act C on Electronic Communications (2003) Cover image: Hungary - Act C on Electronic Communications (2003)

Hungary - Act C on Electronic Communications (2003)

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Cover image: ITU Effective Regulation Case Study: Botswana Cover image: ITU Effective Regulation Case Study: Botswana

ITU Effective Regulation Case Study: Botswana

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Cover image: Bahrain Law 48 of 2002 Cover image: Bahrain Law 48 of 2002

Bahrain Law 48 of 2002

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Cover image: Regulating Utilities: Contracting out Regulatory Functions Cover image: Regulating Utilities: Contracting out Regulatory Functions

Regulating Utilities: Contracting out Regulatory Functions

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Cover image: Hong Kong - Telecommunications Ordinance Cover image: Hong Kong - Telecommunications Ordinance

Hong Kong - Telecommunications Ordinance

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Practice Notes

Last updated 16 Dec 2008

The ICT Regulation Toolkit is a joint production of infoDev and the International Telecommunication Union.

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