Reversibility of Assets of Concessionaires of Local Fixed Telephony considering the Theory of Responsive Regulation

Purpose – The purpose of this article is to investigate whether the reversal to the public domain of assets owned by the current service provider, in the context of concession of public telecommunications service, is still the only, or even better, way to achieve the objectives it aims, especially t...

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Main Author: 10.26512/lstr.v11i2.27026
Format: Article
Language:English
Published: Universidade de Brasília 2019-10-01
Series:Revista de Direito, Estado e Telecomunicações
Subjects:
Online Access:https://periodicos.unb.br/index.php/RDET/article/view/27026
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author 10.26512/lstr.v11i2.27026
author_facet 10.26512/lstr.v11i2.27026
author_sort 10.26512/lstr.v11i2.27026
collection DOAJ
description Purpose – The purpose of this article is to investigate whether the reversal to the public domain of assets owned by the current service provider, in the context of concession of public telecommunications service, is still the only, or even better, way to achieve the objectives it aims, especially the continuity of the service, in relation to the theoretical framework of Ayres and Braithwaite’s Theory of Responsive Regulation. Methodology/approach/design – The research will consider the structuring statutes of the telecommunications sector, the secondary norms produced by Anatel, as well as national and foreign literature on the subject. Findings – After analyzing the doctrinal and normative framework on the subject of reversible assets in the telecommunications sector in light of the Responsive Theory of Regulation, it is believed that it will be possible to discern solutions that best fit the analyzed Theory, and there are many arguments against the preservation of the current model, which does not incorporate adequate regulatory modeling to address the issue.
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spelling doaj.art-9ec470a6fe75478f95fa4b3e45d6d7822022-12-21T21:09:33ZengUniversidade de BrasíliaRevista de Direito, Estado e Telecomunicações1984-97291984-81612019-10-0111210712610.26512/lstr.v11i2.27026Reversibility of Assets of Concessionaires of Local Fixed Telephony considering the Theory of Responsive Regulation10.26512/lstr.v11i2.270260PUC-SPPurpose – The purpose of this article is to investigate whether the reversal to the public domain of assets owned by the current service provider, in the context of concession of public telecommunications service, is still the only, or even better, way to achieve the objectives it aims, especially the continuity of the service, in relation to the theoretical framework of Ayres and Braithwaite’s Theory of Responsive Regulation. Methodology/approach/design – The research will consider the structuring statutes of the telecommunications sector, the secondary norms produced by Anatel, as well as national and foreign literature on the subject. Findings – After analyzing the doctrinal and normative framework on the subject of reversible assets in the telecommunications sector in light of the Responsive Theory of Regulation, it is believed that it will be possible to discern solutions that best fit the analyzed Theory, and there are many arguments against the preservation of the current model, which does not incorporate adequate regulatory modeling to address the issue.https://periodicos.unb.br/index.php/RDET/article/view/27026theory of responsive regulationreversible assetstelecommunications servicespublic concession of telecommunication service
spellingShingle 10.26512/lstr.v11i2.27026
Reversibility of Assets of Concessionaires of Local Fixed Telephony considering the Theory of Responsive Regulation
Revista de Direito, Estado e Telecomunicações
theory of responsive regulation
reversible assets
telecommunications services
public concession of telecommunication service
title Reversibility of Assets of Concessionaires of Local Fixed Telephony considering the Theory of Responsive Regulation
title_full Reversibility of Assets of Concessionaires of Local Fixed Telephony considering the Theory of Responsive Regulation
title_fullStr Reversibility of Assets of Concessionaires of Local Fixed Telephony considering the Theory of Responsive Regulation
title_full_unstemmed Reversibility of Assets of Concessionaires of Local Fixed Telephony considering the Theory of Responsive Regulation
title_short Reversibility of Assets of Concessionaires of Local Fixed Telephony considering the Theory of Responsive Regulation
title_sort reversibility of assets of concessionaires of local fixed telephony considering the theory of responsive regulation
topic theory of responsive regulation
reversible assets
telecommunications services
public concession of telecommunication service
url https://periodicos.unb.br/index.php/RDET/article/view/27026
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