(Hi all, a short reminder: I shall be closing CSL on **Friday 28 June**. As
usual, CSL will be closed through July and August and re-open early
September. Best wishes to all. John)
======================================
[World Dialogue on Regulation for Network Economies]
-----------------------------
WDR e-Brief - No. 08, 19 June 2002
In this e-Brief
* Q&A: The thin line between policy and regulation
* WDR expert forum in September
* WDR schedule of activities
* Two new books
o Networking Knowledge for Information Societies
o Global Media Governance
* Conference Reports
o TU Delft 5th international conference
o CTI - Internet & Mobility: Technologies and Implications for
Work and Leisure
* African WSIS meeting calls for regulation tailored to region s
needs
* Regulatory news archives now searchable
* Southern African telecom news and information from MISA
* CTI newsletter available online
* Subscribing and unsubscribing
-----------------------------
Welcome to the eighth issue of the WDR e-Brief, a bi-weekly bulletin
from the World Dialogue on Regulation for Network Economies (WDR).
The WDR e-Brief keeps you informed of new documents and ongoing
discussions on our website and features information and comment of
interest to the regulatory community. Please forward the e-Brief to
interested colleagues and let them know they can subscribe for free from
the WDR website at http://www.regulateonline.org/ .
For more information on any of the items discussed here, visit the web
addresses provided.
-----------------------------
Q&A: The thin line between policy and regulation
In each WDR e-Brief we feature a question or comment posted to the
Online Dialogue at http://www.regulateonline.org/dialogue/ and ask our
research teams to comment. The featured question in this e-Brief comes
from Rodrigo de la Parra, advisor to the chair at Mexico s Federal
Telecommunications Commission. De la Parra s question follows up on an
earlier discussion on independence and political interference (see
http://www.comunica.org/w-agora/view.php?site=wdr&bn=wdr_multisector&key=101
5945573&first=1022164447&last=1012306680
).
The reply comes from Rohan Samarajiva, coordinator of the Multisector
research team based at the Economics of Infrastructures at the Delft
University of Technology, with additional comments by WDR general
manager, William Melody.
Question:
The line that divides policy and regulation is a very thin one even
before we think of a convergent regulatory and institutional framework.
In e-brief #7 Samarajiva comments that political interference may be
reduced if service providers are completely privatized. But what if this
has been already done. In this new convergent environment what new
definitions can be given regarding policy and regulation powers? and
what would be the optimal institutional design?
- Rodrigo de la Parra
Answer:
It is correct that the line between policy and regulation is a thin one.
The margin is problematic, but the core of policy is distinct from the
core of regulation.
The question is about political interference. It may be necessary to
distinguish between politicians taking political positions in public
from covert political interference. The former is part of democracy,
while the latter is not. What motivates persons within government to
engage in covert political interference? The most obvious reason is if
the government is a shareholder in a regulated company. This has been
stated in a previous response. The question now is what if the
government no longer holds shares in the regulated company? In an
environment of good governance, it is unlikely that persons within
government will seek to engage in covert efforts to influence regulatory
decisions on behalf of regulated companies. But if the environment is
not one of good governance, it is possible that such actions may take
place for various reasons. The interferor may honestly believe his/her
action to be correct, but for some reason wishes to hide the fact of
influencing. This is less blameworthy, but is nevertheless wrong. The
most problematic case is where the interference has some ulterior
motive. This kind of covert influencing is not unique to regulated
industries. It is found wherever public officials are given
discretionary power.
The solutions are not perfect but include:
- Creating channels for the communication of legitimate concerns. As
long as the communication is seen by others, it is acceptable. For
example, it is a good thing to give government ministers the right to
give written public directions on specific subjects to regulatory
agencies.
- Saying no, or disregarding improper and covert communications.
Provisions regarding independence are intended to make it possible for
decision makers in regulatory agencies to say no. It is a pity that more
regulators do not avail of these protections to do the right thing.
- Reducing areas of discretion. This can be done by statute and policy
as well as by regulatory procedures. Sometimes it is easier to say "I
cannot do it" than "I will not do it."
The diffuseness of the boundary between regulation and policy is not
increased or decreased by convergence. The problem is no different in a
convergence environment than in a pre-convergence environment. The
problem is one of poor governance. The real answer is that we convince
ourselves of the overall benefits of good governance, through explicit
educational activities as well as good institutional design and in some
cases plain raw acts of courage.
- Rohan Samarajiva, LIRNE.NET & Delft University of Technology
Follow the dialogue post a question or make a comment at
http://www.regulateonline.org/dialogue/ .
-----------------------------
WDR s Managing Director, William Melody added the following points in
response to the excellent, but difficult question raised by Rodrigo de
la Parra.
The observations made by Rohan Samarajiva are fundamental, and link
directly to some practical steps that can be taken to strengthen the
positive role that regulation can play in the telecom reform process.
Channels of communication and regulatory credibility are strengthened
when clear administrative procedures are established, regulatory
processes are made transparent and information is made publicly
accessible. (See, Samarajiva, R., Regulating in an imperfect world:
building independence through legitimacy, Telecom Reform, Vol. 1, No. 2
- http://www.telecomreform.net/volume2/#policy ).
For the range of issues - e.g. spectrum management - that sit in the
grey area between the core policy and regulation functions, the dividing
line is best drawn with reference to the capabilities for effective
performance in achieving the policy objectives. Given the increasing
complexity of issues associated with convergence, one can see the
potential for regulation taking on a broader mandate. But only if the
regulator has the expertise, independence and objectivity to implement
it effectively. That is why training is such an important issue for the
staff of regulatory agencies. The answer to the question may depend as
much on the technical and strategic competences of the staff of the
regulator as anything else.
- William Melody, WDR
Follow the dialogue post a question or make a comment at
http://www.regulateonline.org/dialogue/ .
-----------------------------
WDR Expert Forum September 12 & 13 - "Designing Next Generation
Regulation"
Dates for the WDR Expert Forum have been set for September 12 - 13,
2002 in Copenhagen, Denmark. It will be hosted by LIRNE.NET s partner,
the Center for Tele-Information (CTI) of the Technical University of
Denmark. The purpose of the Forum is to critically assess the draft
report on Next Generation Regulation, being prepared by the LIRNE.NET
research teams, and then to review suggestions for next year's World
Dialogue Theme.
About forty experts from regulatory agencies, government ministries,
international organizations, academia and other organizations will bring
a diversity of informed views to help shape the final report on this
year's dialogue theme, as well as the direction of next year's theme.
Forum participants will be acting in their individual capacities, not as
representatives of organizations.
For more information, including about how to participate, see
http://www.regulateonline.org/news/experts.htm or write LIRNE.NET
Coordinator, Merete Henrikson at [log in to unmask] .
-----------------------------
WDR and e-Brief Schedule of Activities
The WDR e-Brief will be going offline for most of July and August, but
the research teams will continue to work and to receive your input to
the draft report to be presented at September s Expert Forum.
E-Brief number 09 will appear in two weeks, before taking a short
holiday. We ll be back with e-Brief 10 in August, to give you a chance
to comment on the draft research report on Next Generation Regulation
before it is discussed at the Expert Forum.
We ll be back as usual in September, with a report from the Expert Forum
and an introduction to next year s research topic.
-----------------------------
Two new books
Two new books have appeared in the last few weeks with significant
contributions from WDR staff. WDR researchers Rohan Samarajiva and Amy
Mahan are co-editors, with Robin Mansell of the London School of
Economics, of Networking Knowledge for Information Societies:
Institutions and Interventions. Amy Mahan also collaborated with Bruce
Girard (editor of the WDR e-Brief) and Sean S Siochrz on Global Media
Governance.
Networking Knowledge for Information Societies: Institutions and
Interventions
Edited by Robin Mansell, Rohan Samarajiva and Amy Mahan
This volume includes state-of-the-art analyses of the problems of and
prospects for information societies. It is about the structures and
processes of inquiry and institutional change and their relationship to
rapid innovations in information and communication technologies. It
contains over 50 contributions by outstanding scholars whose choices of
topics cover issues that are of substantial significance today.
Each of the book's five sections addresses a central question:
- What is the role of institutions of higher education in the
'Information Age' and how does scholarly research become involved in
'networking knowledge'?
- What are the institutional strategies and practices of policy and
regulatory reform in the communication industry?
- How and why are people accommodating or resisting the new technologies
and the emerging information societies?
- What are the biases in the processes of networking knowledge and what
insights can be drawn from the social sciences, and particularly from
Institutional Economics?
- What are the structures and processes for sharing the content of the
media and information services industries and for exchanging knowledge
in today's global networks?
For more information, including the table of contents and how to order
the book, visit
http://www.comunica.org/netknowledge/
Global Media Governance: A beginners guide
By Sean S Siochrz, Bruce Girard and Amy Mahan
Published by Rowman and Littlefield
This book is about media and communication governance at a global level
and its key influencing forces, elements and organizations, such as ITU,
WTO, UNESCO, WIPO, and ICANN. Governance oversees regulation, and
questions addressed here include: Why do we regulate the media at all?
What are the major forms of global regulation, and how do they work? Who
participates in, and who benefits from, media regulatory and governance
structures? What are the trends?
Anyone interested in the media and its progressively rising influence
over so many dimensions of society will sooner or later find themselves
confronted with these questions. This book does not claim to answer all
the questions, but it raises key ones and points in directions where
more complete answers can be found.
For more information, visit
http://www.comunica.org/gmg/
-----------------------------
Conference Reports
TU Delft - Regulation: Shaping Markets in Liberalized Infrastructure
Industries for Better Performance
The Economics of Infrastructures (EI) section of the Faculty of
Technology, Policy and Management of Delft University of Technology (TU
Delft) held its
5th annual Conference on May 30 and 31, 2002. The theme of the
conference was Next Generation Regulation: Shaping Markets in
Liberalized Infrastructure Industries for Better Performance. Organized
in honour of Professor William Melody, the retiring chair of the EI
section, the conference critically addressed the role of regulation in
the performance of liberalized infrastructure industries.
A report of the conference by TU Delft researcher Andrew Barendse is at
http://www.regulateonline.org/news/ei5.htm
CTI - Internet & Mobility: Technologies and Implications for Work and
Leisure
On May 29 the Center for Tele-Information held its 7th international
conference on the theme of 'Internet & Mobility: Technologies and
Implications for Work and Leisure', with participation from business and
academia.
Convergence of Internet and mobile networks and services were to open
new potential for communications and access to information. However, in
Europe WAP never lifted off and GPRS has not yet been successful. Third
generation networks are on the way but are challenged by the WLAN
options. The conference centred on technology and market developments.
The idea was to explore convergences between Internet and mobile
technologies in the context of mobility in work and leisure situations.
Read a brief report of the conference by Anders Henten at
http://www.regulateonline.org/news/cti7.htm
-----------------------------
African WSIS meeting calls for regulation tailored to region s needs
The Africa Regional Meeting Preparatory to the World Summit on the
Information Society was held in Bamako, Mali from 28 to 30 May 2002.
Representatives from 51 African countries and delegates from numerous
other countries and global organisations attended.
A number of statements in the final declaration address the issue of
universal access to ICTs, calling for research and policies to deal with
Africa s specific environment. On balance, the declaration calls for
regulations that are fair, efficient and tailored to the specific
development requirements of Africans and African countries. Now comes
the difficult task of creating such a regulatory environment and seeing
a movement from pilots with dubious success to an environment that
encourages and promotes viability for service providers and access
businesses.
From the WDR/Intelecon Regulatory News Service
Full story at
http://www.regulateonline.org/intelecon/A-Africa-020613.htm
-----------------------------
WDR/Intelecon news now searchable
The archive of WDR/Intelecon Regulatory News produced since March 2002
can now be consulted online at http://www.regulateonline.org/intelecon/
. You can access a monthly list of all the news or type keywords into
the search engine to find exactly what you want.
-----------------------------
Southern African telecom news and information from MISA
The Media Institute of Southern Africa (MISA) offers an occasional
"Telecommunications Update" by email. The latest issue includes news and
links about telecom privatisation in Malawi, regulatory proposals for
South Africa's second national operator, proposals for cooperation
between South Africa's Independent Communicatios Authority (ICASA) and
its Competition Commission, and lots more. To subscribe, write
[log in to unmask]
-----------------------------
CTI newsletters available online and via email
The Center for Tel-Information (CTI) is on of the LIRNE.NET universities
and a WDR partner. The Center's newsletters have been available on the
web for some time but a new service enables you to receive them free by
e-mail. Just go to http://www.cti.dtu.dk, click publications, and follow
the instructions. You can, of course, also unsubscribe from the same
site. In addition to the newsletter you may receive invitations to
conferences and open seminars arranged by CTI from time to time. The CTI
Newsletter is published three times a year and provides information on
research and teaching activities at the Center for Tele-Information.
More information on CTI and the newsletter can be found at
http://www.cti.dtu.dk.
-----------------------------
Questions and support If you have questions about WDR, send them to
[log in to unmask] .
For technical matters, contact us at [log in to unmask] or see
the Frequently Asked Questions section in the Online
Dialogue.
http://www.regulateonline.org/dialogue/
-----------------------------
Subscribing and unsubscribing
The WDR e-Brief is a bi-weekly bulletin from the World Dialogue on
Regulation for Network Economies - http://www.regulateonline.org .
Subscribe from the site or by sending a message to
[log in to unmask] with the subject wdr e-brief list . To
unsubscribe, send a message to [log in to unmask]
-----------------------------
Bruce Girard - [log in to unmask] - edits the e-Brief with
assistance from Divakar Goswami.
Archives: http://www.comunica.org/w-agora/index.php?bn=wdr_ebrief
-----------------------------
The purpose of the World Dialogue on Regulation is to critically examine
ideas and evidence. Unless otherwise indicated, the views expressed in
content appearing on the WDR website, the Online Dialogue and the WDR
e-Brief are the personal views of the individuals submitting them.
Content does necessarily reflect the views of LIRNE.NET, infoDev, the
World Bank, the International Telecommunication Union or any other
organisation associated with the World Dialogue on Regulation.
-----------------------------
World Dialogue on Regulation
c/o LIRNE.NET
Technical University of Denmark
Center for Tele-Information, Building 371
2800 Kgs. Lyngby, DENMARK
Email: [log in to unmask]
Phone: +45 4587 1577 - Fax: +45 4596 3171
http://www.regulateonline.org
-----------------------------
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