Prestação do serviço de banda largaincentivos e regulação

Resumo

The present study focuses on the analysis of the telecommunications sector applicable regulatory model, in particular on the issue of the legal regime for the provision of services. To this end, the methodology applied made use of bibliographic research, data collection and analysis, in addition to documentary research in legislation, Reports, analyses and opinions, directed to the theme. In view of the multidisciplinary nature of the subject, three different pillars support the analysis: the technological, economic and legal. Within the technological framework, the irreversible convergence of platforms and services are noted. Under the economic point of view the demand and supply of the main telecommunication services (fixed and mobile telephony, fixed broadband and pay TV) are analyzed, including in regard to the market share of the economic groups that provide telecommunications services, and the situation of Brazil in comparison to other countries. The legal approach demonstrates the existing mismatch between the telecommunication related regulations and the factual reality of the sector, which includes the application of the public regime as the legal regime for the provision of Fixed Switched Telephone Service-STFC, despite the progressive indifference of the population towards this service. In the opposite direction, despite the growing demand for data services rendered by broadband, the Multimedia Communication Service-SCM and the Personal Mobile Services remain under the private regime of service provision. In addition to this, the fact that many services treated as ICTs are mistaken for telecommunications, although they are not subject to the rules applicable to the telecommunication sector. Such a situation requires positive and negative competence conflicts, in addition to allegations of equality breach. In order to collaborate to the discussions on the revision of the regulatory framework, the study proposes changes, so that there are only two telecommunications services, fix and mobile. Such services would allow the existence of two modalities related to the provision on broadband or narrowband. As the current public policies are directed to the expansion of broadband, for this service mode, considering existing gaps in the region, the public regime would be adopted as the legal regime for the provision of the service. It is believed that this is adherent to today’s reality and able to promote the access to broadband provided services.

Ficha do documento

Tipo

Outro

Ano

2016

Instituição

Ipea

Fonte

Repositório do Ipea

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.ipea.gov.br:11058/19295

Licença

Licença Padrão Ipea

Abrangência

Brasil

Temas

Políticas PúblicasTecnologia

Palavras-chave

TelecomunicaçõesTecnologia das ComunicaçõesRegulamentaçõesRegulaçãoBanda largaRegulationBroadband