DOCSLIB.ORG

Module 6. Legal and Institutional Framework

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Module 6. Legal and Institutional Framework Module 6. Legal and Institutional Framework Downloaded Monday, May 14, 2012 This document is a downloadable report from the infoDev/ITU ICT Regulatory Toolkit. Please note that the version that appears on the website at www.ictregulationtoolkit.org is the most updated version and has extra functionality (e.g., links, practice notes, reference documents etc). If you find any problems, please contact [email protected]. Module 6. Legal and Institutional Framework Executive Summaries 1 Introduction 2 Why Regulate? 2.1 Evolution of Regulatory Reforms 2.2 Regulation in Transition to Competitive Market 2.3 Regulation in a Fully Competitive Environment 2.4 Benefits of Regulation 3 Legal Context of Regulatory Reform 3.1 Impact of Different Legal Traditions on the Regulatory Framework 3.1.1 Snapshot of Different Legal Traditions 3.1.2 Regulatory Frameworks in Different Legal Systems 3.1.3 Implementation of Regulatory Design 3.2 Impact of Multilateral and Regional Commitments 3.2.1 Role of the World Trade Organization 3.2.2 Regional Frameworks 3.3 Maturity of the Market - Relationship between Telecommunications Legislation and Competition Policy 3.3.1 The Evolution from Sector-Specific Regulation to Competition-Based Regulation 3.3.2 Analysis of Jurisdictional Division of Power between Competition Authorities and Regulatory Institutions 3.3.3 Practical Lessons for Developing Countries 3.4 Impact of Other Legislation 3.4.1 Tax Law 3.4.2 Foreign Ownership 3.4.3 Consumer Protection Law 3.4.4 Spam Legislation 3.4.5 Property Law 4 Impact of Convergence 4.1 What is Convergence? 4.2 Different Approaches in Implementing ICT Regulation 4.2.1 Legislative Approach 4.2.2 Regulatory Approach 4.2.3 Self-Regulation Process 4.3 Modifications to Telecommunications Legislation to Address Convergence 4.3.1 Licensing 4.3.2 Spectrum 4.3.3 Interconnection 4.3.4 Numbering 4.3.5 Universal Service 4.4 Modification to Broadcasting and ICT Legislation to Address Convergence 4.4.1 Media and Broadcasting Legislation 4.4.2 Content 4.4.3 Intellectual Property Laws 4.4.4 Data Protection/Privacy Laws 4.5 Case Studies of Converged Legislation 4.5.1 European Union New Regulatory Framework (NRF) 4.5.2 Hong Kong (SAR) 4.5.3 Malaysia 5 Elements for an Effective Regulator 5.1 What Constitutes an Effective Regulator? 5.1.1 Structural Independence 5.1.2 Financial Independence 5.1.3 Functionality 6 Organizational and Institutional Approaches To Regulation 6.1 Institutional Design Options 6.1.1 Overview and Comparison of Different Institutional Designs 6.1.2 Overview and Comparison of Different Organizational and Administrative Structures 6.2 Administrative Structures: Staffing and Remuneration 6.2.1 Staffing Process 6.2.2 Staffing Design 6.2.3 Job Descriptions 6.2.4 Remuneration Principles 6.2.5 Contracting of Consultants 6.3 Separation of Power and Relationship of Regulator with Other Entities 6.3.1 Relationships with Other Entities 6.3.2 Checks and Balances/Balance of Power/Separation of Power 6.4 Legal Status of Regulatory Authorities 6.4.1 Corporate Body vs. Administrative Body 6.4.2 Judicial Capacity of the Institutional Arrangements 6.5 Ethics Rules and Conflicts of Interest 6.5.1 Acceptance of Gifts 6.5.2 Personal and Financial Conflicts of Interest 6.5.3 Post-employment Prospects 7 Functional Aspects of Regulation 7.1 Overview of Regulator’s Competencies and Mandate 7.1.1 Rulemaking Function 7.1.2 Oversight Function 7.1.3 Licensing 7.1.4 Competition Policy and Competitive Safeguards 7.1.5 Tariff Regulation 7.1.6 Interconnection 7.1.7 Quality of Service – Regulatory Roles and Responsibilities 7.1.8 Consumer Protection 7.1.9 Establishment and Management of Universal Service Funds 7.2 Decision-making Process and Consultation Framework 7.2.1 Overview of the Public Consultation Process 7.2.2 Media Relations 7.2.3 Brief Summary 7.3 Accountability of Regulators and Consumer Protection 7.3.1 Accountability of Regulators 7.3.2 Accountability for Consumers 7.4 Dispute Resolution and Enforcement 7.4.1 Dispute Resolution 7.4.2 Enforcement Module 6. Legal and Institutional Framework 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 seven chapters: 1. Introduction 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 This 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 sector. 5. Elements for an Effective Regulator 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. 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. 7. 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. SEE ALSO: Legal and Institutional Aspects of Regulation: Executive Summary Executive Summaries Module 6. Legal and Institutional Framework Executive Summary (English) Executive Summary (French) Executive Summary (Spanish) Executive Summary (Russian) Executive Summary (Chinese) Executive Summary (Arabic) 1 Introduction The telecommunications sector has undergone extensive changes in recent years. Many state-owned operators were privatized and the sector experienced a trend of liberalization worldwide, 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. As a result, in most countries, the telecommunications sector has experienced a fundamental change in structure, from that of monopoly to competition. Following the period of growth in the telecommunications industry in the late 1990s, the “dot com bubble” burst at the beginning of the 21st century, resulting in a steep drop in stock market value for major operators. The crisis in the telecommunications market affected numerous companies, but did not deter the development of new technologies and the evolution of the information and communications technology (ICT) sector. In order to adapt to these new developments, countries have been undertaking a review of their existing frameworks, enacting new legislation and creating new regulatory authorities to implement the legal and regulatory framework. Such a framework is essential for the sector, particularly as countries move from state control to market competition, and is necessary to attract new entrants as well as private investment. Based on analysis of legal and regulatory frameworks worldwide, studies conducted by industry experts and institutions such as the World Bank, and information collected by the International Telecommunication Union, this report provides an update of the 2000 Telecommunications Regulation Handbook published by infoDev. It serves as a best practice toolkit for regulators and policymakers in the context of the current ICT environment. The importance of conducting this study is evidenced by the significance of the legal and regulatory framework as an enabler of development of the sector. Effective regulation requires the implementation of a supporting legal and regulatory framework to create an environment that promotes public confidence and ensures stability, transparency, competition, investment, innovation, and growth in the sector. Many of the laws, regulations, and best practice examples examined in this study address the fundamental change in the telecommunications industry from that of monopoly to competition and its evolution within the ICT sector, and provide guidelines for effective regulation for competition. However, while the toolkit highlights best practices for effective regulation, it is important to realize that the implementation of such practices may vary from country to country, requiring consideration of local political, economic,
Load more

Recommended publications
  • Gigabit-Broadband in the UK: Government Targets and Policy
    BRIEFING PAPER Number CBP 8392, 30 April 2021 Gigabit-broadband in the By Georgina Hutton UK: Government targets and policy Contents: 1. Gigabit-capable broadband: what and why? 2. Gigabit-capable broadband in the UK 3. Government targets 4. Government policy: promoting a competitive market 5. Policy reforms to help build gigabit infrastructure Glossary www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Gigabit-broadband in the UK: Government targets and policy Contents Summary 3 1. Gigabit-capable broadband: what and why? 5 1.1 Background: superfast broadband 5 1.2 Do we need a digital infrastructure upgrade? 5 1.3 What is gigabit-capable broadband? 7 1.4 Is telecommunications a reserved power? 8 2. Gigabit-capable broadband in the UK 9 International comparisons 11 3. Government targets 12 3.1 May Government target (2018) 12 3.2 Johnson Government 12 4. Government policy: promoting a competitive market 16 4.1 Government policy approach 16 4.2 How much will a nationwide gigabit-capable network cost? 17 4.3 What can a competitive market deliver? 17 4.4 Where are commercial providers building networks? 18 5. Policy reforms to help build gigabit infrastructure 20 5.1 “Barrier Busting Task Force” 20 5.2 Fibre broadband to new builds 22 5.3 Tax relief 24 5.4 Ofcom’s work in promoting gigabit-broadband 25 5.5 Consumer take-up 27 5.6 Retiring the copper network 28 Glossary 31 ` Contributing Authors: Carl Baker, Section 2, Broadband coverage statistics Cover page image copyright: Blue Fiber by Michael Wyszomierski.
    [Show full text]
  • Film in São Paulo
    FILM IN SÃO PAULO Guidelines for your new scenario spcine.com.br [email protected] @spcine_ and @spfilmcommission /spcinesp PRODUCTION GUIDE 2020 1 2 FILM IN SÃO PAULO Guidelines for your new scenario PRODUCTION GUIDE 2020 Art direction and design: Eduardo Pignata Illustrations: Bicho Coletivo 3 4 CHAPTER 3 - FILMING IN SÃO PAULO _ P. 41 Partnership with Brazilian product company _ p. 43 CONTENT Current co-production treaties _ p. 44 Entering Brazil _ p. 45 Visa _ p. 46 ATA Carnet _ p. 51 Taxes _ p. 52 Remittance abroad taxes _ p. 53 IRRF (Withholding income tax) _ p. 53 Labour rights _ p. 54 CHAPTER 1 - SÃO PAULO _ P. 9 Workdays and days off _ p. 55 Offset time compensation _ p. 55 An introduction to São Paulo _ p. 11 Payment schedule _ p. 56 Big productions featuring São Paulo _ p. 17 Health & safety protocols _ p. 59 The Brazilian screening sector around the world _ p. 21 Filming infrastructure _ p. 61 São Paulo’s main events _ p. 23 Sound stages _ p. 62 São Paulo’s diversity _ p. 26 Equipment _ p. 62 Daily life in São Paulo _ p. 65 Locations _ p. 66 Weather and sunlight _ p. 69 Safety & public security _ p. 70 Logistics _ p. 70 Airports _ p. 71 Guarulhos Airport _ p. 71 CHAPTER 2 - SPCINE _ P. 27 Congonhas Airport _ p. 72 Who we are _ p. 29 Viracopos Airport _ p. 72 Spcine _ p. 30 Ports _ p.
    [Show full text]
  • O Imaginêrio De Antonio Carlos Jobim
    O IMAGINÁRIO DE ANTONIO CARLOS JOBIM: REPRESENTAÇÕES E DISCURSOS Patrícia Helena Fuentes Lima A dissertation submitted to the faculty of the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Romance Languages (Portuguese). Chapel Hill 2008 Approved by: Advisor: Monica Rector Reader: Teresa Chapa Reader: John Chasteen Reader: Fred Clark Reader: Richard Vernon © 2008 Patrícia Helena Fuentes Lima ALL RIGHTS RESERVED ii ABSTRACT PATRÍCIA HELENA FUENTES LIMA: Antonio Carlos Jobim: representações e discursos (Under the direction of Monica Rector) My aim with the present work is to describe the personal and creative trajectory of this artist that became known to his audience and people as a hero in the mythological sense—an individual that constructs a series of victories and defeats that continues until death, after which he is glorified by his community. Therefore, I approach the narratives that made him famous: the ones produced by the print press as well as those texts that negotiate meaning, memory, domain and identity created by his fans. I will place special emphasis on the fact that his public produced a definitive narrative about his figure, an account imbued with devotion, familiarity and creativity following his death. More specifically, I identify intertwined relations between the Brazilian audience and the media involved with creating the image of Antonio Carlos Jobim. My hypothesis is that Antonio Carlos Jobim’s image was exhaustively associated with the Brazilian musical movement Bossa Nova for ideological reasons. Specially, during a particular moment in Brazilian history—the Juscelino Kubitschek’s years (1955-1961).
    [Show full text]
  • Communications Bill (Volume II)
    Communications Bill (Volume II) The Bill is divided into two volumes. Volume I contains Clauses 1 to 355. Volume II contains Clauses 356 to 403 and the Schedules. CONTENTS PART 1 FUNCTIONS OF OFCOM Transferred and assigned functions 1 Functions and general powers of OFCOM 2 Transfer of functions of pre-commencement regulators General duties in carrying out functions 3 General duties of OFCOM 4 Duties for the purpose of fulfilling Community obligations 5 Directions in respect of networks and spectrum functions 6 Duties to review regulatory burdens 7 Duty to carry out impact assessments 8Duty to publish and meet promptness standards 9 Secretary of State’s powers in relation to promptness standards Media literacy 10 Duty to promote media literacy OFCOM’s Content Board 11 Duty to establish and maintain Content Board 12 Functions of the Content Board Functions for the protection of consumers 13 Consumer research 14 Duty to publish and take account of research 15 Consumer consultation 16 Membership etc. of the Consumer Panel 17 Committees and other procedure of the Consumer Panel 18 Power to amend remit of Consumer Panel HL Bill 41 53/2 iv Communications Bill International matters 19 Representation on international and other bodies 20 Directions for international purposes in respect of broadcasting functions General information functions 21 Provision of information to the Secretary of State 22 Community requirement to provide information 23 Publication of information and advice for consumers etc. Employment in broadcasting 24 Training and equality of opportunity Charging 25 General power to charge for services Guarantees 26 Secretary of State guarantees for OFCOM borrowing Provisions supplemental to transfer of functions 27 Transfers of property etc.
    [Show full text]
  • 2019 Consolidated Financial Statements
    CONSOLIDATED 2019 FINANCIAL STATEMENTS CONSOLIDATED 2019 FINANCIAL STATEMENTS CONTENTS 5 Group key data 6 Parent Company officers 7 Group activities 8 Group chart 9 Financial highlights 10 Net Asset Value 11 Directors’ report 12 Analysis of the consolidated financial statements 19 Human resources 21 Performance by business segment 65 Additional information 67 Consolidated financial statements at December 31, 2019 68 Consolidated statement of financial position 70 Consolidated income statement 71 Consolidated statement of comprehensive income 72 Consolidated statement of changes in shareholders’ equity 73 Consolidated cash flow statement 75 Notes to the consolidated financial statements 155 Annexes 156 List of consolidated companies at December 31, 2019 170 Report of the independent auditors EDIZIONE 3 GROUP KEY DATA EDIZIONE 5 PARENT COMPANY OFFICERS 1 5 Board of Directors General Manager Gianni Mion 2 Carlo Bertazzo Chairman Alessandro Benetton 5 Resigned on February 29, 2020. Director Christian Benetton Director Franca Bertagnin Benetton Director Board of Statutory auditors Sabrina Benetton Angelo Casò Director Chairman Carlo Bertazzo Giovanni Pietro Cunial Director Aldo Laghi Auditors Giovanni Costa Director Alberto Giussani Maria Martellini 6 Fabio Cerchiai 3 Alternate auditors Director Fabio Buttignon 4 6 Alternate Auditor whose term of office ended on May 25, 2020. Director Marco Patuano 4 Director 1 Appointed on June 24, 2019. In office until approval of the financial statements at December 31, 2019 2 Appointed Chairman on June 24, 2019. 3 Chairman whose term of office ended on June 24, 2019. 4 Director whose term of office ended on June 24, 2019. Independent auditors Deloitte & Touche S.p.A. In office until approval of the financial statements at December 31, 2019 In office until approval of the financial statements at December 31, 2023 6 EDIZIONE GROUP KEY DATA GROUP ACTIVITIES At December 31, 2019 Edizione S.r.l.
    [Show full text]
  • Centre for Law, Economics and Society Research Paper Series: 1/2019
    Centre for Law, Economics and Society Research Paper Series: 1/2019 Are Economists Kings? Economic Evidence and Discretionary Assessments at the UK Utility Regulatory Agencies Despoina Mantzari Centre for Law, Economics and Society CLES Faculty of Laws, UCL Director: Professor Ioannis Lianos CLES Research Paper Series 1/2019 Are Economists Kings? Economic Evidence and Discretionary Assessments at the UK Utility Regulatory Agencies Despoina Mantzari June 2019 Centre for Law, Economics and Society (CLES) Faculty of Laws, UCL London, WC1H 0EG The CLES Research Paper Series can be found at www.ucl.ac.uk/cles/research-papers Pre-published version of: Despoina Mantzari, ‘Are Economists Kings? Economic Evidence and Discretionary Assessments at the UK Utility Regulatory Agencies’, Journal of Antitrust Enforcement, DOI: 10.1093/jaenfo/jnaa007 All rights reserved. No part of this paper may be reproduced in any form without permission of the author ISBN 978-1-910801-25-3 © Despoina Mantzari 2019 Centre for Law, Economics and Society Faculty of Laws, UCL London, WC1H 0EG United Kingdom ARE ECONOMISTS KINGS? ECONOMIC EVIDENCE AND DISCRETIONARY ASSESSMENTS AT THE UK UTILITY REGULATORY AGENCIES Despoina Mantzari* * Lecturer in Competition Law and Policy, University College London, Faculty of Laws. Email: [email protected]. I thank Ioannis Lianos, Diamond Ashiagbor, Stephen Littlechild, Andriani Kalintiri, Maria Ioannidou, the two anonymous reviewers, as well as participants at the IALS 2018 Lunchtime seminar series, the UCL Laws 2019 Lunchtime Research Seminars, the Annual Meeting of Law and Society 2018, the UK IVR conference 2017 (where an early draft of this paper received the ‘best early career paper prize’) as well as stakeholders of the Essential Services Access Network (ESAN) and policymakers at UK Office for Gas and Electricity Markets (Ofgem) for helpful comments and discussions on earlier versions of this paper.
    [Show full text]
  • In Public Spaces Larry Latimer, the Authority On
    Thursday, Aug. 1, 2019 Vol. 18 No. 17 NEWS SPORTS NEWS PHILANTHROPY Girls on Fire Boxing debut Sussman Kiwanis donation summer camp at age 49 groundbreaking to symphony SEE PAGES 3 SEE PAGE 4 SEE PAGE 9 SEE PAGE 8 Downey Larry Latimer, the authority on Downey restaurant grades Narai Thai Cuisine history, remembered after death 7611 Firestone Blvd. Date Inspected: 7/30/19 Friday Friends remember Larry Among those at the Grade: A Weekend91˚ celebration of Larry’s Life were Latimer as a “Reinaissance John and Suzy Lacey, Jack and Bob’s Bog Boy at a man” who literally wrote Judy Faust, Carol Kearns, Vicki 7447 Firestone Blvd. Glance Spearman, Virginia Yoshiyama, Date Inspected: 7/30/19 Saturday 89˚⁰ the book on Downey’s Dr. Bob Flynn, Bernie Lewis, Friday 68 history. Beth Gendreau from the Food Grade: A Bank, and Claudia Dailey from the Downey Library where Larry’s Time Out Burger He died suddenly July 23 mother Cleo devoted herself to the 11219 Old River School Rd. Sunday 88˚ ⁰ Friends of the Downey Library. 70 at age 61. Date Inspected: 7/30/19 Saturday A contingent from the Grade: A Aerospace Legacy Foundation By Lorine Parks that Larry helped create was led Royal Liquor Grocery Society Columnist by Gerald and Kathie Blackburn, 13103 Lakewood Blvd. THINGS TO DO friends since the 90’s. Jerry was Date Inspected: 7/29/19 DOWNEY - The pews were Project Manager with the Boeing filled at St. Raymond’s Church in Space and Communications Grade: A Downey, to celebrate the too- Corporation at the Downey site short life of Larry Latimer.
    [Show full text]
  • Technology, Media and Telecommunications Review
    Telecommunications Review Telecommunications the Technology, Media and and Media Technology, Technology, Media and Telecommunications Review Eleventh Edition Editor Matthew T Murchison Eleventh Edition lawreviews © 2020 Law Business Research Ltd Technology, Media and Telecommunications Review Eleventh Edition Reproduced with permission from Law Business Research Ltd This article was first published in December 2020 For further information please contact [email protected] Editor Matthew T Murchison lawreviews © 2020 Law Business Research Ltd PUBLISHER Tom Barnes SENIOR BUSINESS DEVELOPMENT MANAGER Nick Barette BUSINESS DEVELOPMENT MANAGER Joel Woods SENIOR ACCOUNT MANAGERS Pere Aspinall, Jack Bagnall ACCOUNT MANAGERS Olivia Budd, Katie Hodgetts, Reece Whelan PRODUCT MARKETING EXECUTIVE Rebecca Mogridge RESEARCH LEAD Kieran Hansen EDITORIAL COORDINATOR Gavin Jordan PRODUCTION AND OPERATIONS DIRECTOR Adam Myers PRODUCTION EDITOR Anna Andreoli SUBEDITOR Martin Roach CHIEF EXECUTIVE OFFICER Nick Brailey Published in the United Kingdom by Law Business Research Ltd, London Meridian House, 34–35 Farringdon Street, London, EC4A 4HL, UK © 2020 Law Business Research Ltd www.TheLawReviews.co.uk No photocopying: copyright licences do not apply. The information provided in this publication is general and may not apply in a specific situation, nor does it necessarily represent the views of authors’ firms or their clients. Legal advice should always be sought before taking any legal action based on the information provided. The publishers
    [Show full text]
  • Communications Bill 311 Part 4 — Licensing of TV Reception
    Communications Bill 311 Part 4 — Licensing of TV reception PART 4 LICENSING OF TV RECEPTION 353 Licence required for use of TV receiver (1) A television receiver must not be installed or used unless the installation and use of the receiver is authorised by a licence under this Part. 5 (2) A person who installs or uses a television receiver in contravention of subsection (1) is guilty of an offence. (3) A person with a television receiver in his possession or under his control who— (a) intends to install or use it in contravention of subsection (1), or 10 (b) knows, or has reasonable grounds for believing, that another person intends to install or use it in contravention of that subsection, is guilty of an offence. (4) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. 15 (5) Subsection (1) is not contravened by anything done in the course of the business of a dealer in television receivers solely for one or more of the following purposes— (a) installing a television receiver on delivery; (b) demonstrating, testing or repairing a television receiver. 20 (6) The Secretary of State may by regulations exempt from the requirement of a licence under subsection (1) the installation or use of television receivers— (a) of such descriptions, (b) by such persons, (c) in such circumstances, and 25 (d) for such purposes, as may be provided for in the regulations. (7) Regulations under subsection (6) may make any exemption for which such regulations provide subject to compliance with such conditions as may be specified in the regulations.
    [Show full text]
  • AUTHORITY REQUESTS for ACCESS to ELECTRONIC COMMUNICATION – Legal Overview
    AUTHORITY REQUESTS FOR ACCESS TO ELECTRONIC COMMUNICATION – legal overview MAY 2015 CONTENTS MAY 2015 CONTENTS INTRODUCTION | P 3 NORWAY | PAGE 33 SWEDEN | PAGE 43 DENMARK | PAGE 14 HUNGARY* SERBIA | PAGE 37 MONTENEGRO | PAGE 25 BULGARIA | PAGE 8 PAKISTAN* INDIA* BANGLADESH | PAGE 5 MYANMAR | PAGE 30 THAILAND | PAGE 48 MALAYSIA | PAGE 18 * these countries are covered in other reports, see ‘Introduction’ DISCLAIMER: Telenor Group is thankful for Hogan Lovells’ assistance in preparing this legal overview. Hogan Lovells has acted solely as legal adviser to Telenor Group. This overview may not be relied upon as legal advice by any other person, and neither Telenor Group nor Hogan Lovells accept any responsibility or liability (whether arising in tort (including negligence), contract or otherwise) to any other person in relation to [this report] or its contents or any reliance which any other person may place upon it. COPYRIGHT LICENSE: This legal overview is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License 2015 by Telenor ASA 2 PB INTRODUCTION MAY 2015 INTRODUCTION INTRODUCTION rights to privacy and freedom of expression; others use much wider-ranging powers with substantially greater human rights This document provides an overview of the most common kinds impacts. Some of the statutes in question are lengthy and of laws which compel the Telenor Group to give government contain carefully expressed checks and balances. Others are authorities access to customer communications in ten of the only a few pages long, with unchecked and sweeping powers countries in which Telenor operates. The remaining three set out in a few short sentences.
    [Show full text]
  • The Streaming Wars in the Global Periphery: a Glimpse from Brazil
    PRODUCTIONS / MARKETS / STRATEGIES THE STREAMING WARS IN THE GLOBAL PERIPHERY: A GLIMPSE FROM BRAZIL MELINA MEIMARIDIS, DANIELA MAZUR, DANIEL RIOS Name Melina Meimaridis the expression “streaming wars.” This research Academic centre Federal Fluminense University, Brazil offers a glimpse of Brazil’s audiovisual industry and E-mail address [email protected] tries to understand how American streaming companies are penetrating this market and how the local media Name Daniela Mazur conglomerates are reacting. In order to maintain their Academic centre Federal Fluminense University, Brazil dominance in the region, free-to-air networks, pay-tv E-mail address [email protected] networks, and Brazilian telecommunication companies are using different strategies, either creating their own Name Daniel Rios platforms or partnering with pre-established ones in favor Academic centre Federal Fluminense University, Brazil of strengthening themselves. Given Brazil’s particular E-mail address [email protected] television organization, based largely on a few broadcast networks, local media conglomerates have fostered a KEYWORDS mutualistic relationship with their streaming platforms. Internet-distributed television; Globoplay; The largest national streaming company, Globoplay, has Brazilian television; local; Netflix. stood out in the local market: not only making TV Globo’s productions available but also producing original content and offering foreign series exclusively. Because traditional ABSTRACT television consumption is deeply rooted in the country, Considering the current proliferation of video several different strategies are required if TV Globo aims streaming platforms as a worldwide phenomenon, this to transform viewers into Globoplay subscribers. The article analyzes how countries in the global periphery are Brazilian case study reveals nuances and strategies from adapting to this effervescent scenario, characterized by a media industry in the global periphery.
    [Show full text]
  • Confirmation Decision Under Section 139A of the Communications Act
    Confirmation decision under section 139A of the Communications Act 2003 relating to contravention of information requirements Confirmation Decision issued to British Telecommunications plc by the Office of Communications (“Ofcom”) Non-confidential version Redactions are indicated with [] Issue Date: 5 April 2017 Confirmation decision under section 139A of the Communications Act 2003 About this document This document sets out Ofcom’s confirmation that British Telecommunications plc (“BT”) has contravened requirements to provide information in response to statutory information requests made by Ofcom under sections 135 and 191 of the Communications Act 2003. These findings relate to BT’s responses to three separate requests by Ofcom for information concerning the provision by BT of Ethernet services. This document also sets out Ofcom’s decision that it is appropriate and proportionate in this case to impose a penalty on BT in respect of the contraventions it has identified. 1 Confirmation decision under section 139A of the Communications Act 2003 Contents Section Page 1 Introduction and Background 3 2 Confirmation of contravention of the BCMR s135 Notice 7 3 Confirmation of contravention of the Dispute s191 Notice 12 4 Confirmation of contravention of the Investigation s135 Notice 17 5 Penalty 21 Annex Page 1 Legal framework 27 2 Notification 31 3 List of additional annexes 34 Confirmation decision under section 139A of the Communications Act 2003 Section 1 1 Introduction and Background 1.1 This document confirms that we are satisfied that British Telecommunications plc (“BT”) has contravened requirements to provide information in response to statutory information requests made by Ofcom under sections 135 and 191 of the Communications Act 2003 (the “Act”).
    [Show full text]