Table 3-2: Jamaica and Brazil - Comparison of Telecommunications Laws in Civil and Common Law System [3.1.3]

PROVISION1

JAMAICA
The Telecommunications Act (L.N.3/2002)
Common Law Tradition

BRAZIL
General Telecommunications Law No. 9472
Civil Law Tradition

Objectives of the Act and Fundamental Principles

Part I
(Preliminary)

Book I
(Fundamental Principles)

Establishment of regulator’s duties and authority

Part II
(Administration)

Book II
(The Regulatory Agency and Sector Policies)

Licensing framework

Part III
(Licensing of Telecommunications Services)

Book III
(Organization of Telecommunications Services)

Spectrum

Part IV
(Spectrum Management)

Book III
(Organization of Telecommunications Services)

Interconnection

Part V
(Interconnection)

Book III (Organization of Telecommunications Services) Chapter III (interconnection conditions to be established in permit)

Universal Service

Part VI
(Universal Service)

Book III, Title II, Chapter 1 (Universalization and Continuity Obligations)

Privatization

Book IV (Restructuring and Privatization of Federal Telecommunications Companies)

Consumer Protection / Consumer Rights

Part VII (Consumer Protection)

Book I (Fundamental Principles) Book III (Organization of Telecommunications Services) – consumer rights.

International Services rules; rights of carriers and service providers; and services to be treated as voice services.

Part VIII (International Services)

Powers and immunities of carriers and service providers

Part IX (Power and Immunities of Carriers and Service Providers)

Advisory Bodies/Board of Directors

Part XI (Telecommunications Advisory Council)

Book I (Fundamental Principles); Title III (Higher Bodies); Chapter I (The Board of Directors)

Review of administrative decisions; binding nature of regulator's decisions.

Part XII (Reconsideration, establishment of a tribunal and right to appeal)

Book II (The Regulatory Agency and Sectoral Policies); Title IV (Activity and Control)

Enforcement

Part XIII (Enforcement)

Book I (Fundamental Principles); Title II (Authority)

Sanctions

Part XIV (Offences)

Title VI (Sanctions), Chapter 1 (Administrative Actions)

ENDNOTES

1 Telecommunications Management Group, Inc. (2005).

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