IDEAS home Printed from https://ideas.repec.org/a/fan/epepep/vhtml10.3280-ep2016-002003.html
   My bibliography  Save this article

Telecommunications Regulatory Design in Brazil: Networking around State Capacity Deficits

Author

Listed:
  • Marcio Iorio Aranha

Abstract

The relationship between regulatory agencies and business firm behavior has been a fertile soil for legal theories that aim to explain variations in regulatory success and failure. By stirring away from command-and-control models, legal theories of decentered regulatory approaches support the claim that the main incentives for regulated enterprises to comply with regulations come from the business folkways, whose virtues should be harvested by regulators to advance public policies. This article contends that applications of sociolegal scholarship supporting internal business coercion and the theory of responsive regulation can be found in recent regulatory frameworks used by the telecommunications independent agency of Brazil. In order to maintain that Brazilian regulation on telecommunications recently stirred away from a command-and-control approach, this article uncovers manifestations of the theory of responsive regulation in the telecommunications sector in relevant cases such as pay TV and broadcasting frequency reallocation at 4G auctions, number portability management, and wholesale deals supervision of operators with significant market power.

Suggested Citation

  • Marcio Iorio Aranha, 2016. "Telecommunications Regulatory Design in Brazil: Networking around State Capacity Deficits," ECONOMIA PUBBLICA, FrancoAngeli Editore, vol. 2016(2), pages 83-105.
    • Handle: RePEc:fan:epepep:v:html10.3280/ep2016-002003
    as

    Download full text from publisher

    File URL: http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=58260&Tipo=ArticoloPDF
    Download Restriction: Single articles can be downloaded buying download credits, for info: https://www.francoangeli.it/DownloadCredit
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Reinke, Thomas H, 1998. "Local number portability and local loop competition. Critical issues," Telecommunications Policy, Elsevier, vol. 22(1), pages 73-87, February.
    2. Stefan Buehler & Justus Haucap, 2004. "Mobile Number Portability," Journal of Industry, Competition and Trade, Springer, vol. 4(3), pages 223-238, September.
    3. Buehler, Stefan & Dewenter, Ralf & Haucap, Justus, 2006. "Mobile number portability in Europe," Telecommunications Policy, Elsevier, vol. 30(7), pages 385-399, August.
    4. Braithwaite, John, 2006. "Responsive regulation and developing economies," World Development, Elsevier, vol. 34(5), pages 884-898, May.
    5. Gans, Joshua S. & King, Stephen P. & Woodbridge, Graeme, 2001. "Numbers to the people: regulation, ownership and local number portability," Information Economics and Policy, Elsevier, vol. 13(2), pages 167-180, June.
    6. Alan Schwartz & Robert Scott, "undated". "Contract Theory and the Limits of Contract Law," Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series yale_lepp-1011, Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy.
    7. Prezerakos, G.N. & Polykalas, S.E., 0. "Maximizing the adoption of fixed number portability within the EU: An empirical analysis," Telecommunications Policy, Elsevier, vol. 31(3-4), pages 179-196, April.
    8. Kathryn Harrison, 1995. "Is cooperation the answer? Canadian environmental enforcement in comparative context," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 14(2), pages 221-244.
    9. John Braithwaite & Toni Makkai & Valerie Braithwaite, 2007. "Regulating Aged Care," Books, Edward Elgar Publishing, number 12540.
    10. Bourreau, Marc & Dogan, Pinar, 2004. "Service-based vs. facility-based competition in local access networks," Information Economics and Policy, Elsevier, vol. 16(2), pages 287-306, June.
    11. Baldwin, Robert & Cave, Martin & Lodge, Martin (ed.), 2010. "The Oxford Handbook of Regulation," OUP Catalogue, Oxford University Press, number 9780199560219.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Bouckaert, Jan & Degryse, Hans & Provoost, Thomas, 2010. "Enhancing market power by reducing switching costs," Economics Letters, Elsevier, vol. 109(2), pages 131-133, November.
    2. Sean Lyons, 2006. "Measuring the Benefits of Mobile Number Portability," Trinity Economics Papers tep2009, Trinity College Dublin, Department of Economics.
    3. Ramachander, Sangamitra, 2016. "The price sensitivity of mobile use among low income households in six countries of Asia," Telecommunications Policy, Elsevier, vol. 40(7), pages 673-691.
    4. Florez Ramos, Esmeralda & Blind, Knut, 2020. "Data portability effects on data-driven innovation of online platforms: Analyzing Spotify," Telecommunications Policy, Elsevier, vol. 44(9).
    5. Otsuka, Tokio & Mitomo, Hitoshi, 2013. "User benefits and operator costs of mobile number portability in Japan and impact on market competitiveness," Telecommunications Policy, Elsevier, vol. 37(4), pages 345-356.
    6. Peter Mascini, 2013. "Why was the enforcement pyramid so influential? And what price was paid?," Regulation & Governance, John Wiley & Sons, vol. 7(1), pages 48-60, March.
    7. Vibeke Lehmann Nielsen & Christine Parker, 2009. "Testing responsive regulation in regulatory enforcement," Regulation & Governance, John Wiley & Sons, vol. 3(4), pages 376-399, December.
    8. Solomon A. Keelson & Addo J. Odei, 2014. "Relationship Between Mobile Number Portability And Consumer Choice Of Active Multiple Mobile Phone Numbers In Ghana," Global Journal of Business Research, The Institute for Business and Finance Research, vol. 8(4), pages 99-110.
    9. Jonida Gjika & Endirë Bushati, 2023. "Balancing Legal Framework, Regulatory Mechanisms and Competition across Number Portability in Albania," Academic Journal of Interdisciplinary Studies, Richtmann Publishing Ltd, vol. 12, November.
    10. Usero Sánchez, Belén & Asimakopoulos, Grigorios, 2012. "Regulation and competition in the European mobile communications industry: An examination of the implementation of mobile number portability," Telecommunications Policy, Elsevier, vol. 36(3), pages 187-196.
    11. Gurjeet Kaur & Ritika Sambyal, 2016. "Exploring Predictive Switching Factors for Mobile Number Portability," Vikalpa: The Journal for Decision Makers, , vol. 41(1), pages 74-95, March.
    12. Tözer, Ayhan, 2010. "Assessment of First Comer Advantages and Network Effects; the Case of Turkish GSM Market," 21st European Regional ITS Conference, Copenhagen 2010: Telecommunications at new crossroads - Changing value configurations, user roles, and regulation 35, International Telecommunications Society (ITS).
    13. Phirak LENG, 2016. "A Cost-Benefit Assessment of the Regulatory Policy in Cambodias Mobile Telecommunications Market," Asian Development Policy Review, Asian Economic and Social Society, vol. 4(1), pages 1-25, March.
    14. Mothobi, Onkokame, 2022. "The impact of telecommunication regulatory policy on mobile retail price in Sub-Saharan African countries," Information Economics and Policy, Elsevier, vol. 58(C).
    15. Lee, Jongsu & Kim, Yeonbae & Lee, Jeong-Dong & Park, Yuri, 2006. "Estimating the extent of potential competition in the Korean mobile telecommunications market: Switching costs and number portability," International Journal of Industrial Organization, Elsevier, vol. 24(1), pages 107-124, January.
    16. Navroz K. Dubash & Bronwen Morgan, 2012. "Understanding the rise of the regulatory state of the South," Regulation & Governance, John Wiley & Sons, vol. 6(3), pages 261-281, September.
    17. Polo, Yolanda & Sese, F. Javier & Verhoef, Peter C., 2011. "The Effect of Pricing and Advertising on Customer Retention in a Liberalizing Market," Journal of Interactive Marketing, Elsevier, vol. 25(4), pages 201-214.
    18. Sikina Jinnah & Abby Lindsay, 2016. "Diffusion Through Issue Linkage: Environmental Norms in US Trade Agreements," Global Environmental Politics, MIT Press, vol. 16(3), pages 41-61, August.
    19. Nicola Gennaioli & Giacomo A. M. Ponzetto, 2015. "Optimally vague contracts and the law," Economics Working Papers 1410, Department of Economics and Business, Universitat Pompeu Fabra, revised Jan 2017.
    20. Mark Pollack & Emilie Hafner-Burton, 2010. "Mainstreaming international governance: The environment, gender, and IO performance in the European Union," The Review of International Organizations, Springer, vol. 5(3), pages 285-313, September.

    More about this item

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:fan:epepep:v:html10.3280/ep2016-002003. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Stefania Rosato (email available below). General contact details of provider: http://www.francoangeli.it/riviste/sommario.aspx?IDRivista=16 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.