Table 4-2: Pros and Cons of Legislative Approach in Telecommunications/ICT Regulation [4.2.1]

Through modification of the entire legal framework

Through legislative amendment

PROS

CONS

PROS

CONS

It allows comprehensive reform of the existing legal structures to address the major changes of convergence. An overhaul of the entire legislative framework provides a better approach for addressing the rapid technological advances resulting from convergence than the retrofitting of existing and outdated regulatory categories.

It is time-consuming and the legislation may be outdated before it is enacted.

It is not as time consuming as a modification of an entire legal framework and may address urgent convergence effects, although it is not as fast as the regulatory approach.

By adopting a piecemeal approach, some inconsistencies among laws may result if the amendment does not cover all applicable laws affecting convergence.

It establishes a symmetric set of rules for converged technologies for all existing operators and new entrants.

It may lack sufficient flexibility to address convergence and its effects.

It can be used to obtain industry and consumers’ feedback before implementing new legal reforms, incorporating it into new amendments.

For the same reason, it may result in different applications regarding convergence by the different branches of the government.

It harmonizes the criteria of the different branches of the government that must deal with convergence.

If a review process is not applied, legislative tools may lose efficacy in the long term, becoming part of the problem and not a solution. In addition, legislation may become entrenched and difficult to change in the future.

It can be used to prepare the industry and consumers for further legal changes.

For jurisdictions in which competition is currently being introduced, a legislative approach to incorporate convergence to this process can be done at the outset of liberalization.