Policy & regulatory governance

Regulatory governance and independence

15.12.2020

Introduction The regulatory framework, as well as the regulatory governance and independence of the institution, are key elements for effective regulation. Today, regulators and policy-makers face multiple challenges: they must address the traditional aspects of information and communication technologies (ICTs) and assess their appropriate roles in addressing the regulatory and policy issues arising from new digital technologies and services. In addition to more traditional issues, such as connectivity and infrastructure development, the digital environment prompts consideration of a broader range of sectors beyond ICTs, such as health, finance, education, transportation, and energy. The issues to be addressed include content regulation,…

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Regulator structure and mandate

01.09.2020

Institutional structures of regulators Regulators overseeing the ICT sector base their structures on three general design models: the sector-specific regulator, multisector regulator, or converged regulator. As countries began liberalizing their telecommunication markets in the 1990s, they often created new sector-specific regulators to oversee the telecommunication sector, ensuring non-discrimination and promoting competition as monopolies (often state-owned) gave way to new entrants. When there was limited or no competition in telecommunication markets and fewer ICT services available, sector-specific regulators provided an effective institutional structure that enabled staff to build specialized knowledge in the sector, such as tariffing or spectrum engineering. For example,…

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Decision-making and enforcement in a multistakeholder environment

01.09.2020

Independence and accountability of the regulator An effective, stable, and credible regulatory framework starts with balancing the independence and accountability of the regulator. An independent regulator can propose, adopt, and implement decisions free from undue political influence, whether from the government or market players. The basic components of an independent regulator – structural, financial, and procedural independence – are crucial to preventing regulatory capture. Elements of an independent regulator Independence does not mean that regulators are above or outside the regulatory framework. Instead, independent regulators play an essential role in the interaction among all stakeholders by acting as objective arbiters…

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A case for ICT Regulatory Sandbox

03.04.2023

1. Introduction Digital innovations are conquering all fields of everyday life and business, faster than ever before. Similarly, digital innovators, researchers and digital developers are developing new technologies and business models and bringing them to market at a rapid pace. Policy makers and regulators need to not only keep abreast with the pace but also be able to anticipate shifts in the market. Regulators are keeping a close watch on these changes as they need to anticipate the regulatory changes that may be required to facilitate a conducive environment. Increasingly, regulators need to answer questions like “how can we make…

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Innovative approaches to sector regulation

24.08.2020

Innovative spectrum use rules Simply applying existing – and potentially outdated – regulation to new digital technologies and services risks stifling innovation. To better keep pace with technological developments, policy-makers are examining different measures to provide clear, flexible, and objectively applied rules that avoid hampering progress. Among the increasing trends toward light-touch and experimental regulatory models are innovative ways to use spectrum, license new technologies, and facilitate universal access. As new wireless technologies enter the field with existing services, there is an ever-increasing demand for spectrum, including for commercial 5G, satellite services, and fixed wireless, as well as increased spectrum…

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Collaborative approaches to policy implementation for digital transformation

01.09.2020

Introduction to institutional collaboration Digital transformation is increasingly supporting all sectors of the economy, changing societies and market landscapes while improving access to and delivery of services across multiple industries. This revolution brings both challenges and opportunities, which will require greater collaboration between policy-makers, regulatory authorities, and other stakeholders to effectively harness technological progress and successfully address the challenges of digitalization. The International Telecommunication Union (ITU) has identified how collaborative regulation marks a fundamental change in the way that governments develop regulatory frameworks and rules. It reveals how collaboration among institutions, industry stakeholders, and cross-sector regulators is critical for regulatory…

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Regulatory independence: how to achieve it and how to maintain it

03.09.2020

When 69 Member Nations of the World Trade Organization (WTO) agreed to open their markets to companies from other WTO Members in 1997 they also adopted a document that was unique in the annals of international trade negotiations – the Reference Paper on Regulatory Principles. The Reference Paper was negotiated based on an understanding of the nature of telecommunications markets – in particular that, even when opened to competition, it is essential that the market be regulated in order to allow new entrants to compete with entrenched incumbent operators (referred to in the Reference Paper as “major suppliers.”) One of…

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Cross-border collaboration in the digital environment

30.09.2020

The digital environment is global in nature. For example, Internet users in most jurisdictions can typically view websites and content from anywhere in the world, subject to copyright or other limitations. Global e-commerce enables buyers in one country to purchase goods and services from sellers in another country. With online communications, people can video conference, call, and message for free or at relatively low cost, regardless of location or borders. Billions of these transactions occur daily, involving every sector. This, in turn, raise issues for governments in terms of how to address a host of cross-border issues, including data privacy…

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GSR best practices guidelines on the gold standard for digital regulation (2020) and to fast forward digital connectivity (2019)

30.11.2020

Regulators participating in the 19th and 20th edition of the Global Symposium for Regulators adopted the following best practice guidelines to set the gold standard for digital regulation and to fast forward digital connectivity. Regulatory best practice guidelines to set the gold standard for digital regulation 1 Demonstrating regulatory thought leadership for digital transformation While recognizing that digital regulation will be led by the core policy design principles outlined in the GSR-19 Best Practice Guidelines to fast forward digital connectivity for all, we identified the following fundamentals for sound, future-proof regulatory frameworks to respond to the challenges of digital transformation…

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GSR BPG on regulatory uplift for financing digital

28.09.2021

GSR-21 Best practice guidelines on Regulatory uplift for financing digital infrastructure, access and use Digital technologies are now powering our economies and the way we live – our very future. Digitalization is fast revolutionizing productivity, employment, skills, services and markets. It changes the means of production, methods of delivery, lifestyles, patterns of consumption and the fabric of social intercourse. ICTs are now the foundation for every economic sector, for business performance and for national growth. This change is profound. Collaborative digital regulation addresses the complexity and the opportunity of this change through flexible and enabling policy frameworks. The COVID-19 pandemic…

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