Telecommunications and Legal Regulation
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Abstract
Telecommunications development has significant impact on the spread of intellectual property as well. Electronic form not only induced, diversified creation of intellectual property but also caused a boom in circulation of illegal content.
Regulation became an important means of state intervention into economy. It constitutes one of complex instruments and strategies of public administration. As the development of regulation demonstrates, this form of intervention replaces other state intervention forms. The more powers were granted to the regulators as strategic instruments, the more urgent issue concerning regulation regime became.
Assignment of individual state functions to a certain institution, and in particular, development of certain normative acts of compulsory nature, is a manifold issue. Regulation is a convenient form for fulfilment of branch functions of the state, but this form has a lot of deficiencies: issues are handled through concentration on narrow branch interests, unnecessary bureaucracy and excessive regulation in order to justify the need for a regulator may occur, etc. It would not be true to state that state regulation has only deficiencies, as a regulator has a possibility of specialisation and acting as the key expert of the branch under regulation, a regulator has special knowledge, can efficiently respond to market changes and needs, what is highly important in dynamic business fields (e.g. telecommunications).
The state must have a properly balanced system of supervision of regulator’s activities, in order to prevent the regulator’s practice from moving away from general principles of law and public administration, it must ensure presence of the following prerequisites in determining on application of a specific regulation: (a) objective need for regulation, (b) it will be the most efficient medium for achievement of a specific target of regulation.
Discussion about the possibility of complete deregulation of telecommunications does not imply that this field must be free of any regulation. Deregulation of telecommunications must be understood as follows: is there a possibility to regulate telecommunications by applying general public relations regulating instruments that already are in place in the market. Upon completion of a very abstract assessment of regulator’s activities, the following key directions of the activities of existing regulators can be distinguished: competition promotion and protection of consumers’ rights. In nearly all developed countries, these fields are regulated by special legislation, while their supervision is carried out by appropriate interbranch institutions.
Having determined a precise need for telecommunications regulation in an appropriate market, a necessary regulation may be properly selected and a need for a regulator may be determined at a certain period. Proper selection of a necessary market regulation is indispensable in order the state could perform its functions in the field of telecommunications in a consistent way, to prevent waste of state resources for inefficient regulation of telecommunications, promote competition, develop services, ensure protection of consumers’ rights in the market, etc.
Regulation became an important means of state intervention into economy. It constitutes one of complex instruments and strategies of public administration. As the development of regulation demonstrates, this form of intervention replaces other state intervention forms. The more powers were granted to the regulators as strategic instruments, the more urgent issue concerning regulation regime became.
Assignment of individual state functions to a certain institution, and in particular, development of certain normative acts of compulsory nature, is a manifold issue. Regulation is a convenient form for fulfilment of branch functions of the state, but this form has a lot of deficiencies: issues are handled through concentration on narrow branch interests, unnecessary bureaucracy and excessive regulation in order to justify the need for a regulator may occur, etc. It would not be true to state that state regulation has only deficiencies, as a regulator has a possibility of specialisation and acting as the key expert of the branch under regulation, a regulator has special knowledge, can efficiently respond to market changes and needs, what is highly important in dynamic business fields (e.g. telecommunications).
The state must have a properly balanced system of supervision of regulator’s activities, in order to prevent the regulator’s practice from moving away from general principles of law and public administration, it must ensure presence of the following prerequisites in determining on application of a specific regulation: (a) objective need for regulation, (b) it will be the most efficient medium for achievement of a specific target of regulation.
Discussion about the possibility of complete deregulation of telecommunications does not imply that this field must be free of any regulation. Deregulation of telecommunications must be understood as follows: is there a possibility to regulate telecommunications by applying general public relations regulating instruments that already are in place in the market. Upon completion of a very abstract assessment of regulator’s activities, the following key directions of the activities of existing regulators can be distinguished: competition promotion and protection of consumers’ rights. In nearly all developed countries, these fields are regulated by special legislation, while their supervision is carried out by appropriate interbranch institutions.
Having determined a precise need for telecommunications regulation in an appropriate market, a necessary regulation may be properly selected and a need for a regulator may be determined at a certain period. Proper selection of a necessary market regulation is indispensable in order the state could perform its functions in the field of telecommunications in a consistent way, to prevent waste of state resources for inefficient regulation of telecommunications, promote competition, develop services, ensure protection of consumers’ rights in the market, etc.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
