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for addressing the rapid technological advances resulting from convergence than the retrofitting of existing and outdated regulatory categories. | It is time-consuming and the legislation may be outdated before it is enacted.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. | . | . | . |