Is there any specific regulator for the provisions of communications-related services?

Technology (3rd edition)

Armenia Small Flag Armenia

The regulator of electronic communications, including communication-related services are the PSRC.
In accordance with the Law PSRC is authorized to the followings:

  • adopt decisions, establish rules and procedures, and issue orders in the scope of its functions;
  • settle disputes between non-dominant operators, non-dominant operators and end- users, as well as between non-dominant service providers and end-users where the PSCR considers the appropriateness of such actions justified for preserving competition, service quality, and cost-based rates – considered as a whole – in the market;
  • arrange public hearings and meetings pertaining to its functions;
  • obtain information relevant to the performance of its functions;
  • conduct investigations and research;
  • authorise a representative to enter the buildings or premises which are used for providing public electronic communications services or for operating a public electronic communications network;
  • initiate, in accordance with the laws of the Republic of Armenia, administrative proceedings against a licensee for non-compliance with the provisions of the legislation;
  • intervene – on its own motion or upon the request of a party – in disputes for the purpose of ensuring effective co-operation and maximum efficiency in the electronic communications sector and clarifying the tariffs or terms of interconnection agreements;
  • grant licenses and authorizations as well as permissions described in question 3.
  • regulate tariffs in the limits prescribed under the Law,
  • levy charges in cases provided for by law.

The regulatory body for protection of competition in Armenia (including in the area of communication-related services) is the State Commission for the Protection of Economic Competition of Armenia (hereinafter the “SCPEC”).

The regulatory body for the field of television and radiobroadcasting is the Commission on television and radio (hereinafter the “CTR”).

Dominican Republic Small Flag Dominican Republic

The General Telecommunications Law No. 153-98, the rules and regulations enacted by INDOTEL constitute the main legal framework that regulates the telecommunications market in the Dominican Republic, its application is overseen by the INDOTEL as the governmental agency responsible for the supervision and enforcement of the legislation.

INDOTEL is also responsible for fostering the development and implementation of telecoms under the universal service principle, guaranteeing the existence of a sustainable, loyal and effective competition regime for the rendering of telecoms services. Likewise, INDOTEL is also in charge of overseeing an efficient use of the spectrum, by means of preparing and enforcing the rules and regulations required for the protection of a participant’s rights, as well as sanctioning their violations or non-compliance with respect to any applicable legislation.

Egypt Small Flag Egypt

Please refer to question no. 1.2 above. The Supreme Media Council may be considered as regulator to the communications-related services.

Estonia Small Flag Estonia

Yes, the Consumer Protection and Technical Regulatory Authority is a government agency operating in the area of government of the Ministry of Economic Affairs and Communications. Its activities in the area of communication-related services are regulated with Electronic Communications Act and Statutes of the Consumer Protection and Technical Regulatory Authority.

As the Consumer Protection and Technical Regulatory Authority shall have the obligation and competence to also analyse the competitive situation in the communications services markets as defined in the Electronic Communications Act (hereinafter market analysis), then it is obliged to consult in this regard with the Estonian Competition Board to ensure the uniform and consistent application of competition law in this sector.

France Small Flag France

Communications networks and services are regulated by a national regulatory authority, the ARCEP. The ARCEP’s decisions on the definition of market segments and the remedies to potential lacks of competition are guided by the recommendations of the EU Commission, which also holds a veto power. The agency’s regulations on the terms of use of the different categories of telecom networks and services are homologated by the ministry in charge of electronic communications.

The ARCEP reports to a commission comprised of members of Parliament (Commission Supérieure du Numérique et des Postes) and is frequently auditioned by the Parliament. Its regulatory decisions are subject to the jurisdiction of France’s highest administrative court, the Conseil d’Etat, and its decisions on individual disputes between operators may be brought before the Paris Court of Appeals.

China Small Flag China

The MIIT is the specific regulator for the provision of communications-related services, although some aspects of Internet/telecoms services may in addition be regulated by other authorities, e.g., the Cyberspace Administration of China (CAC) regulates the content of information disseminated over the Internet.

Israel Small Flag Israel

The specific regulator for the provision of telecommunications-related services is, in accordance with the Communications Law, through the Ministry of Communications.

Italy Small Flag Italy

The authorities competent for the provisions of electronic communication services are:

  1. Autorità per le Garanzie nelle Comunicazioni or AGCOM, and
  2. Ministero per lo Sviluppo Economico or MiSE.

Japan Small Flag Japan

Telecommunication services are administered by the MIC.

Malaysia Small Flag Malaysia

The Malaysian Communications and Multimedia Commission (“MCMC”), established by the Malaysian Communications and Multimedia Commission Act 1998 (“MCMCA”), specifically regulates the provision of communications-related services in Malaysia and is empowered to supervise, regulate and enforce legislation relating to communications and multimedia-related activities and is entrusted with:

(a) Advising the Malaysian government on all matters concerning national policy objectives for communications and multimedia activities;

(b) Making recommendations to the Malaysian government on various matters, including the grant of individual licences, cancellation of a person's registration under a class licence, and variations of licence conditions;

(c) Implementing and enforcing the CMA;

(d) Issuing directions in writing to any person regarding compliance with licence conditions, including the remedy of a breach of a licence condition, the CMA or its subsidiary legislation;

(e) Holding public inquiries in relation to proposed changes to regulation; and

(f) Issuing determinations on mandatory standards for matters subject to a voluntary industry code.

Malta Small Flag Malta

The Malta Communications Authority (“MCA”) is the regulator for the provision of communications-related services. It is the duty of the MCA to exercise such regulatory functions in the field of communications, regulate, monitor and keep under review all practices, operations and activities relating to any matter regulated by or under the Malta Communications Authority Act and subsidiary legislation. In addition, it is in the MCA’s powers to grant any licence, permit or other authorisation, for the carrying out of any operation or activity relating to any matter regulated by or under the Malta Communications Authority Act.

New Zealand Small Flag New Zealand

The Commission regulates the competition and consumer aspects of the telecommunications industry. The two primary functions of the Commission are:

  • to regulate the supply of certain fixed-line and mobile services through determining price and minimum terms of access (as above); and
  • monitoring competition and consumer quality.

The Telecommunications Commissioner is appointed to have specific responsibility for the Telecommunications sector. The Commission is an Independent Crown Entity under the Crown Entities Act 2004 – the class of entity that is most independent from Government. The Commission is required to have regard to government policy directions when exercising its powers, but is statutorily required to exercise its functions and powers independently. Commissioners are appointed by the Governor-General of New Zealand on advice of the responsible Minister of Government.

Radio Spectrum Management ("RSM") is the division of the Ministry of Business, Innovation and Employment ("MBIE") responsible for managing non-competition aspects of radio spectrum in New Zealand. As RSM is a branch of MBIE, it is subject to policy direction from and decision-making by the relevant Minister, but its day-to-day operational functions are exercised independently.

Germany Small Flag Germany

The specific regulator for the provision of telecommunication services is, in accordance with the TKG, the Federal Network Agency (Bundesnetzagentur) which is a governmental body. It is thus not independent of government control.

Indonesia Small Flag Indonesia

The primary regulator for the communications-related service is the MCI. Within the MCI there are several directorates which are responsible for different matters. Matters relating to telecommunication would be under the responsibility of Directorate General of Postal and Telecommunication.

In addition to MCI, Indonesian Telecommunication Regulatory Agency/Badan Regulasi Telekomunikasi Indonesia (“BRTI”) also has authority over the telecommunication matters, although its authority is not as broad as the authority held by MCI. BRTI consists of MCI officials and member of public society representing the interest of relevant stakeholders of the telecommunication industries.

Pakistan Small Flag Pakistan

Communications-related services in Pakistan can be broadly categorised into (i) telecommunication system and telecommunication services; and (ii) broadcasting media or distribution services.

The key regulatory body for telecommunications services in Pakistan is PTA, and FAB is part of PTA. PTA is a statutory body and is established under the PTA Act. The primary functions of PTA include:

(i) Regulation, establishment, operation and maintenance of telecommunication systems and provision of telecommunication services in Pakistan, including but not limited to the grant and renewal of licenses, and the monitoring and enforcement of the terms thereof;

(ii) Establishment or modification of accounting procedure for licences and regulate tariffs for telecommunication service in accordance with the PTA Act;

(iii) Prescribing standards for telecommunication equipment and terminal equipment, certify compliance of such equipment with prescribed standards, and issue approvals of terminal equipment and of approved installers;

(iv) Providing guidelines for, and determine, the terms of interconnection arrangements between licensees where the parties to those arrangements are unable to agree upon such terms;

(v) To receive and expeditiously dispose of applications for the use of radio-frequency spectrum;

(vi) To auction on such terms and conditions as PTA may determine from time to time, or other open transparent competitive process to determine eligibility for licensing FAB’s allocated or assigned specific portions of radio frequency spectrum.

(vii) To promote and protect the interests of users of telecommunication services in Pakistan;

(viii) To promote the availability of a wide range of high quality, efficient, cost effective and competitive telecommunication services throughout Pakistan;

(ix) To promote rapid modernization of telecommunication systems and telecommunication services;

(x) To investigate and adjudicate on complaints and other claims made against licensees arising out of alleged contraventions of the provisions of the PTA Laws;

(xi) To make recommendations to the Federal Government on policies with respect to international telecommunications, provision of support for participation in international meetings and agreements to be executed in relation to the routing of international traffic and accounting settlements; and

(xii) To perform such other functions as the Federal Government may assign from time to time.

The relevant government ministry vis-à-vis telecommunications services is the Ministry of Information and Technology and Telecommunication (the “MOITT”)

The key regulatory body for broadcasting media and distribution services in Pakistan is PEMRA, which is a statutory body and is established under the PEMRA Ordinance. PEMRA is responsible for regulating the establishment and operation of all broadcast
media and distribution services in Pakistan established for the purpose of international, national, provincial, district, local or special target audiences. PEMRA also regulates the distribution of foreign and local TV and radio channels in Pakistan.

The relevant government ministry vis-à-vis telecommunications services is the Ministry of Information, Broadcasting, National History and Literary Heritage (Pakistan).

Romania Small Flag Romania

Yes. The regulatory authority in the sector of electronic communications is the National Authority for Management and Regulation in Communications ("ANCOM") (in Romanian Autoritatea Națională pentru Administrare și Reglementare în Comunicații). ANCOM has been established as a result of the reorganization of the National Authority for Communications ("ANC") (in Romanian Autoritatea Națională pentru Comunicații).

South Korea Small Flag South Korea

Yes. The MSICT and the Korea Communications Commission (“KCC”) are responsible for enforcing the TBA and the Network Act. While the MSICT is responsible for administering the registration and requirements relating to basic and value-added telecommunications service providers and the licensing requirements applicable to wireless services providers and cable TV/IPTV operators, the KCC is responsible for regulating the service businesses of these basic and value-added telecommunications service providers and administering the licensing requirements applicable to terrestrial broadcasting services providers in Korea.

Spain Small Flag Spain

The CNMC, referred to in the previous answer, is the Spanish regulator that promotes and defends the proper functioning of the markets in the interest of consumers and companies, including the electronic communications market. Under Article 6 of Act 3/2013, adopted on 4 June 2013, regarding the creation of the CNMC, its main functions in the electronic market are to:

  • Define and analyse markets related to electronic communications services and networks, including retail and wholesale markets, and its geographical range, whose features can justify the imposition of certain obligations.
  • Identify the operator or operators that have significant power in the market and analyse when the markets are not developed in an effective competitive environment.
  • Establish the applicable obligations for those operators with significant power on the market.
  • Resolve electronic communications disputes in the market.
  • Fulfil other obligations established by law.

In addition, the Secretariat of State for Digital Progress also has competences – both with regards to infrastructures, but also, for instance, concerning net neutrality and end user protection, in accordance with Article 8 of the Royal Decree 1046/2018, of August 24, by which the basic organic structure of the Ministry for Economy and Business is organised.

Sweden Small Flag Sweden

The Swedish Post and Telecom Authority and the Swedish Data Protection Authority (Sw. Datainspektionen) are the main regulators of communication-related services.

Taiwan Small Flag Taiwan

The NCC is the regulator in charge of regulating the provisions of communications-related services in relation to telecommunications technology. The provision of communications-related services via other type of technology, such as “instant messengers” is regulated by the IB.

Turkey Small Flag Turkey

ICTA is the designated authority for provisions of electronic communications.

United Kingdom Small Flag United Kingdom

Yes - communications networks and services are primarily regulated by Ofcom.

United States Small Flag United States

The primary federal regulator of communications-related service is the FCC. State level PUCs also regulate some intrastate communications services.

Australia Small Flag Australia

The ACMA is an independent statutory authority that regulates non-competition aspects of the telecommunications industry, including:

(a) issuing carrier licenses under the Telecommunications Act;

(b) issuing apparatus, class and spectrum licences under the Radiocommunications Act;

(c) enforcing carrier licence conditions, service provider rules, industry codes and standards, and carriers' rights and immunities including the carrier-to-carrier access regime;

(d) drafting and enforcing technical standards for radiocommunications transmitters and receivers;

(e) enforcing the universal service obligation and customer service guarantee;

(f) technical regulation (for example, cabling rules); and

(g) numbering.

The ACMA may be subject to ministerial directions in relation to the performance of its functions and the exercise of its powers. However, such directions cannot be general in nature subject to limited exceptions.
The Australian Competition and Consumer Commission (ACCC ) is an independent statutory authority that regulates competition aspects of the telecommunications industry, including:

(a) access and interconnection, including arbitration of access disputes between parties; and

(b) enforcement of general and telecommunications specific legislation aimed at preventing anti-competitive conduct.

Similarly to the ACMA, the ACCC may be subject to ministerial directions given in connection with the performance of its functions or the exercise of its powers. However, the Minister cannot give directions with respect to anti-competitive conduct and record keeping rules in the telecommunications industry or the telecommunications access regime.

Updated: July 25, 2019