Regulatory Framework

Legislation

Telecommunications legislation provides the practical framework for implementing the objectives set by policy. The keystone of this legal framework will be primary legislation in the form of a Telecommunications Law or similar, the detailed structure and remit of which may vary from country to country, but will primarily focus on the fundamental governance of the sector and the establishment of a solid legal basis by which decisions can be made and disputes judged. Depending upon circumstances, other provisions may be included also, such as those relating to the privatisation of state-owned operators, or the transfer of powers from the political structure of the country to an independent regulator or other authority.

As a rule, the detailed mechanisms and procedures by which this will be achieved are set out items of secondary legislation pursuant to the main Law, such as Decrees and Regulations. This serves a number of purposes, maintaining clarity in the Law itself and facilitating the adoption of new measures required to reflect market and/or technical developments, but which do not in themselves materially alter the legislative principles upon which regulation of the sector is based.

InterConnect Communications offers significant experience in the provision of specialised telecommunications legislation at both primary and secondary levels. Our skilled regulatory consultants can assist governments and regulators in most aspects of telecommunications legislation, including the drafting of new Laws, Decrees and Regulations, the review of existing instruments for continued fitness of purpose, checking proposed instruments for potential conflicts with non-sector-specific legislation (e.g. Consumer and Data Protection) and compliance with regional and trade agreement requirements, and outlining such alterations as may be required to meet regulatory and policy objectives.

InterConnect’s regulatory specialists have successfully supported the onward development of sector legislation in a range of countries, typical assignments including:

Undertaking an initial assessment of the legal basis for the establishment of a new telecommunications regulatory regime in a Middle East country;
Drafting Telecommunications and Radiocommunications Laws to secure alignment with European Directives in support of an application to join the European Union;
Reviewing existing primary and secondary legislation in a Central European country and drafting an entire new Electronic Communications Act covering telecommunications, radiocommunications and broadcasting;
Recommended modifications to existing primary legislation to facilitate the achievement of new policy objectives for the mobile telephony sector in a South Asian country;
Reviewing the existing telecommunications law and drafting new primary and secondary legislation for radiocommunications and licensing of telecommunications networks and services in a Central European state.

Key Service Areas:

Regulatory Framework

More Information?

For more information about InterConnect's regulatory services, please contact Fintan Healy by phone on +44 (0) 1291 638400.