Analysis of the Multimedia Service Regulation in light of the responsive regulation theory

Trabalho de Conclusão de Curso (graduação)—Universidade de Brasília, Faculdade de Direito, 2017.O presente estudo vem a analisar a regulação relativa ao Serviço de Comunicação Multimídia sobre a ótica da teoria da regulação responsiva, como preconizada por Ian Ayres e John Braithwaite no seu livro Responsive Regulation: Transcending the Deregulation Debate, tendo como objetivo analisar se há algum elemento da referida teoria dentro das resoluções que regulam o SCM, para entender. Para tal, foram elencados e descritos os principais princípios que constituem a teoria da regulação responsiva, a delimitação e conceituação do Serviço de Comunicação Multimídia, uma reconstrução histórica da regulação pertinente ao setor e por fim, a análise para identificar os elementos da teoria presentes da regulação da ANATEL.The present study is an analysis of the Multimedia Service Regulation in light of the Responsive Regulation Theory, as thought by Ian Ayres and John Braithwaite in their book Responsive Regulation: Transcending the Deregulation Debate. The objective of this study is to find if there is any element of the theory inside the legislation that regulates the sector. To achieve this objective, four steps were taken: first, a description of core elements of the theory, then it was defined what is the Multimedia Communication Service, after that a reconstruction of the history of the regulation of the sector and in the end the analysis of the legislation to see if there is any elements of the responsive regulation theory in it

Federalism, ICT and development in the Global South

This paper builds on the ICT and development literature to answer the question on what indicators better represent ICT institutional background in the Global South, namely Central America, the Caribbean Islands, South America, Africa and South Asia. It delves into the institutional variable of federalism widely used in comparative analyzes tackling the correlation between e.g. broadband deployment and economic development, by finding granulated variables that portray a more precise scenario of institutional commensurability among countries being compared for public policy purposes. Its main underpinnings are the concept of information revolution and the methodology put forward by the Telecommunications Law Indicators for Comparative Studies (TLICS) Model. Six sets of federative indicators on revenue, fiscal transfer, regulatory jurisdiction, adjudication, planning, and media content regulation are put together to compare ICT federal environment in the Global South as a groundwork for the ICT comparative research. The empirical universe of the paper encompassed thirty-eight countries from Central and South America, the Caribbean Islands, Africa and South Asia, that form a potpourri of thirty officially unitary countries – Angola, Belize, Bolivia, Cabo Verde, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Guinea Bissau, Haiti, Honduras, Jamaica, Mozambique, New Zealand, Nicaragua, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Sao Tome and Principe, Singapore, Suriname, Tanzania, Trinidad and Tobago, and Uruguay –, and eight federal countries – Argentina, Brazil, India, Malaysia, Mexico, Nigeria, South Africa, and Venezuela. The article is organized in three main parts. A brief description of the paper assumptions is performed in the first part. The second part applies TLICS variables to sets of the aforementioned states. The third part delves into the comparison of the states analyzed by means of categorizing the differences and commonalities revealed by more than one thousand five hundred variables collected in the legal and institutional framework of those countries and finally summarized in the ICT federal index (IFI) and ICT unitary index (IUI). We also test the association between federalism as the outcome and each of the independent (explanatory) variables proposed by the TLICS model by applying statistical tests (Fisher exact test, relative risk, and odds ratio). The only ICT variable significantly associated with a country being classified as a federal state is tax in the telecom and broadcast. As a main outcome, based on data collected from the institutional background and legal frameworks of those countries, we found clusters of federal commonalities in federal and unitary countries of the region. With that, we proposed two indices that better represent federal and unitary institutional backgrounds: The ICT Federal Index (IFI); and the ICT Unitary Index (IUI). They provide a real picture of their institutional background for ICT and development comparative purposes and gather sets of countries with similar institutional backgrounds upon which the ICT and Development literature may rely on to explain different outcomes from public policies or investments on ICT in countries that share a common institutional background, as far as the institutional variable of federalism is concerned