Input Paper ICT Regulations Working Group
ICT Regulations Working Group
Chair: The ICT Research and Development
Center (CINTEL)
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Input Paper ICT Regulations Working Group
ICT Regulations Working Group
It is conformed by 12 high-level experts from the industry, academia,
and scientific community
12
experts
*The LAC-ICT Expert Group description
and members can be found in www.lacictexpertgroup.eu
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Input Paper ICT Regulations Working Group
Name*
Mario Castaño (Chair)
Organisation
CINTEL
Country
Colombia
Alejandra Castro
Juan Manuel Díaz
ARIAS Y MÚÑOZ
CREMADES & CALVOSOTELO
INNOVARED
MEDIOS Y
SOLUCIONES
CUDI
CBS CITI
ALETI
MINTIC
INAOE
LifeSTech – UPM
VTT
Costa Rica
Colombia
Julián Dunayevich
José Jaime Gómez
Salma Jalife
Raúl Katz
Roberto Mayer
Alejandro Delgado Moreno
Enrique Sucar
María Fernanda Cabrera
María Lima Toivanen
Argentina
Colombia
Mexico
Argentina
Brazil
Colombia
Mexico
Spain
Finland
Objectives
To study, discuss and
improve the Latin
American Institutional and
Regulatory Framework
that would orient and
promote research and
innovation in ICT and
create appropriate
conditions for
strengthening international
cooperation.
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Input Paper ICT Regulations Working Group
To create an Input paper
including an analysis and
benchmarking of Latin
American ICT R&D
Regulatory and
Institutional Framework in
Argentina, Brazil, Chile,
Colombia and Mexico in
order to identify indicators,
tools and methodologies
to measure the gaps and
distance to an efficient
Regulatory and
Institutional Framework
and identify best practices
and proper actions.
Introduction
• This Input Paper on ICT regulations presents the
required analysis and benchmarking of LAC ICT R&D
Regulatory and Institutional framework, best practices,
appropriate actions and overall recommendations.
• The elaboration of the Input Paper, led by CINTEL, has
been supported by the LAC ICT Regulations Working
Group that has been created to contribute to the study,
discussion and improvement of the LAC R&D Institutional
and Regulatory Framework.
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Input Paper ICT Regulations Working Group
Content
•
•
•
•
•
•
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Presents the prospective and convergent ICT
frame of reference with the description of the most
important ICT trends, indicators and indexes
It provides an overview of the LAC ICT R&D
Institutional Framework and presents some lessons
learned
Describes the key aspects of the LAC ICT R&D
Regulatory Framework from three different
perspectives: i) Sectorial Regulations, ii) S&T
Regulations, and iii) Industrial Regulations
Showcases a general review of the ICT R&I topics
in EU and LAC
Presents the prioritization of ICT regulatory areas of
strategic interest for EU-LAC cooperation
Finally, it provides overall conclusions and a set of
recommendations
Input Paper ICT Regulations Working Group
Methodology
• A landscape on LAC and International regulations was generated; a frame was adopted
to construct the analysis and recommendations;
• The result was the identification of areas of strategic interest; WG experts and external
experts validated and prioritized these areas through and online questionnaire;
• Finally best practices and recommendations were identified.
PROSPECTIVE AND CONVERGENT FRAMEWORK
REGULATORY FRAMEWORK OF ICT IN LATIN AMERICA
World, Europe and LAC (5 countries)
ICT
Trends
ICT
Indicators
Prioritization of areas of strategic interest that would:
ICT
Indexes
Institutional
Framework
of ICT in LAC
ICT R&I in
Europe and
LAC
ONLINE SURVEY
(QUESTIONNAIRE)
orient and promote
research and innovation
in ICT
create appropriate
conditions for strengthening
international cooperation
SECTORIAL REGULATIONS
Area 1
Area 2
Area 3
Area 1
Area 2
Area 3
S&T REGULATIONS
Area 1
Area 2
Area 3
Area 1
Area 2
Area 3
INDUSTRIAL REGULATIONS
Area 1
Area 2
Area 3
Area 1
Area 2
Area 3
Regulatory
Framework of ICT
in LAC
Sectorial
Regulations
S&T
Regulations
Industrial
Regulations
BEST PRACTICES AND APPROPIATE ACTIONS
Identification of regulatory areas of strategic interest
Area a
Area b
Area c
Area d
…
...
Area z
Area a
Area b
Area c
Area d
…
...
Area z
6 Input Paper ICT Regulations Working Group
RECOMMENDATIONS
Prospective and convergent
framework
• Identification of ICT trends, indicators and indexes
• Description of LAC countries performance in four of the most important ICT indexes
(in green countries that performed above world average)
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GLOBAL
COMPETITIVEN
ESS INDEX
2013-2014*
NETWORKED
READINESS
INDEX 2014*
GLOBAL
INNOVATION
INDEX 2014**
ICT
DEVELOPMENT
INDEX 2012***
Argentina
104 (3,76)
100 (3,5)
70 (35,1)
53 (5,36)
Brazil
56 (4,33)
69 (4,0)
61 (36,3)
62 (5,0)
Chile
34 (4,61)
35 (4,6)
46 (40,6)
51 (5,46)
Colombia
69 (4,19)
63 (4,0)
68 (35,5)
77 (4,20)
Mexico
55 (4,34)
79 (3,9)
66 (36,0)
83 (3,95)
World
(4,20)
(4,10)
(36,9)
(4,35)
Input Paper ICT Regulations Working Group
* World Economic Forum (2014) - 148 economies
**INSEAD, Cornell University & WIPO (2014)
***ITU (2013) - 157 economies
Prospective and convergent
framework
• Main ICT Trends, Digital Economy characteristics
• Value chain adopted as a frame for the ICT regulation analysis
ICT TRENDS
INTERNET VALUE CHAIN
• Mobile broadband development
• Apps and mobile data traffic
• Fixed broadband network
development
• Fixed-line markets regulation
• Mobile market regulation
• Licensing and market entry
• Competition
Source: ITU (2014). Trends in Telecommunicaction
Reform Special Edition 4th Generation Regulation:
Driving Digital Communications Ahead.
DIGITAL ECONOMY
•
•
•
•
•
Broadband and telecommunications
Security and privacy
Digital content
Internet openness
Consumer empowerment
Source: OECD (2014a). OECD Work on Science,
Technology and Industry 2014.
Source: AT Kearney Analysis in ITU (2014)
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LAC ICT R&D institutional
framework
Argentina
Brazil
Chile
Colombia
Mexico
SCT - Subsecretaría
de Comunicaciones
de la Secretaría de
Comunicaciones y
Transportes
Public Policy
Secretaría de
Comunicaciones del
Mº de Planificación
Federal, Inversión
Pública y Servicios
Ministério das
Comunicações
Ministerio de
Transportes y
Telecomunicaciones
MINTIC - Ministerio
de Tecnologías de la
Información y las
Comunicaciones
Regulation
CNC - Comisión
Nacional de
Comunicaciones
ANATEL - Agência
Nacional de
Telecomunicações
SUBTEL Subsecretaría de
Telecomunicaciones
CRC - Comisión de
Regulación de
Comunicaciones
IFT - Instituto
Federal de
Telecomunicaciones
Competition
CNDC - Comision
Nacional de Defensa
de la Competencia
CADE - Conselho
Administrativo de
Defesa Econômica
TDLC - Tribunal de
Defensa de la Libre
competencia
SIC Superintendencia de
Industria y Comercio
CFCE - Comisión
Federal de
Competencia
Fondo Fiduciario del
Servicio Universal
FUST - Fondo de
Universalización de
los Servicios de
Telecomunicaciones
FDT - Fondo de
Desarrollo de las
Telecomunicaciones
FONTIC - Fondo de
las Tecnologías de la
Información y las
Comunicaciones
Fondo de Cobertura
Social de
Telecomunicaciones
Universal
service
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Input Paper ICT Regulations Working Group
LAC ICT R&D institutional
framework
• In the LAC region, Digital Agendas and Broadband
Plans are considered good practices.
• There is a consolidated institutional framework of the
ICT sector with authorities in the fields of competition,
public policy and regulation.
• Currently ICT regulatory agendas in LAC combine
great efforts to promote competition under an
environment of technological convergence.
• One challenge in LAC is the reduction of legal
impediments to the entrance of the new actors in ICT
markets with high barriers to entry.
• In countries like Chile, the authority of competition is a
major player in the development of the digital agenda
while in countries like Colombia that agenda is led by
public policy through the Ministry of ICT.
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Input Paper ICT Regulations Working Group
LAC ICT R&D institutional
framework
• Most Latin America countries have established policies for
universal access and universal service, several of which are
based on the constitution of dedicated funds.
• The institutions around ICT in LAC has common goals such
as:
– Encouraging open markets to competition to promote effective
delivery of services;
– Prevent abuses of market power by dominant firms, which do not
exist or fail competitive markets;
– Create favourable investment environment to expand
telecommunications networks;
– Promote market confidence through transparent regulatory
procedures and granting licenses;
– Promote greater connectivity through broadband plans; among
others.
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Input Paper ICT Regulations Working Group
LAC ICT R&D regulatory
framework
• Areas of strategic interest implemented or in implementation process in LAC
targeted countries and Europe
ARGENTINA
BRASIL
CHILE
COLOMBIA
MEXICO
REGULATO
RY AREAS
IN EUROPE
H2020
FINANCIN
G
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
AREAS OF STRATEGIC INTEREST
SECTOR
TYPE
AREAS
Competition promotion
Significant Market Power analysis
Unbundling
Sharing and access to passive infrastructure
International Roaming conditions
Access conditions
Quality of service
Consumer protection
Broadband regulation
ICT services
TV regulation
ICT
Postal sector regulation
Licensing and authorization
Official approval and legalization of equipment
Interconnection
Satellite communications
Net neutrality
Internet Governance
Regulatory review
IMT frequency bands
Spectrum
Spectrum planning and management
Cybersecurity Cybersecurity
SCIENCE,
E-commerce E-commerce
TECH AND
Intelectual
Security and Privacy
INNOVATION
Property
Data protection for ICT users
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X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
LAC ICT R&D regulatory
framework
Regulatory agendas in LAC have areas of common interest,
even with issues that are currently being implemented in Europe,
related to:
• Competition Promotion,
• Significant Market Power analysis,
• Sharing and access to passive infrastructure,
• Quality of service,
• Consumer protection,
• Licensing and authorization,
• Access and Interconnection,
• Net neutrality,
• Internet Governance,
• Cybersecurity and
• Spectrum planning and management.
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Input Paper ICT Regulations Working Group
ICT regulatory areas of
strategic interest:
(i) Sectorial regulations
To orient and promote research and
innovation (R&I) in ICT
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•
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Competition promotion
Significant Market Power analysis
Unbundling
Sharing and access to passive
infrastructure
International Roaming conditions
Quality of service
Consumer protection
Broadband regulation
TV regulation
Postal sector regulation
Licensing and authorization
Approval & legalization of equipment
Access and Interconnection
Satellite communications
Net neutrality
Internet Governance
Regulatory review
Cybersecurity
IMT frequency bands
Spectrum planning and management
14 Input Paper ICT Regulations Working Group
To create appropriate conditions for
strengthening international cooperation
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•
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Market regulation best practices
Single regional ICT market conditions
Broadband plans and financing
National Regulatory Authorities
Licensing and authorization best practices
Spectrum planning and management best
practices
Sharing and access to passive infrastructure
best practices
Access and Interconnection best practices
Consumer empowerment
Review of universal services conditions
Net neutrality concept
Quality of service best practices
ICT regulatory areas of
strategic interest:
(ii) S&T regulations
To orient and promote research and
innovation (R&I) in ICT
•
•
•
•
•
•
•
•
Software and IT sector regulatory
incentives
IT sector activities regulation
Fiscal and financial regulation on
the IT sector
Intellectual Property Regulation
Electronic Commerce (e-commerce)
Regulation
Electronic signature (e-signature)
Regulation
Electronic Billing Regulation
Data Protection Regulation
To create appropriate conditions for
strengthening international cooperation
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•
•
•
•
•
•
•
•
•
•
•
•
15 Input Paper ICT Regulations Working Group
Security and privacy
Data Protection for ICT users
Software and IT industry incentives
Digital talent incentives
HW and SW producers incentives
IT education incentives
Entrepreneurship incentives
IT research promotion
Start-ups promotion - boot camps and
accelerators
Regional ecosystems for
entrepreneurships
Regional ecosystems for innovation
Digital content production incentives
E-commerce mass use incentives
ICT regulatory areas of
strategic interest:
(iii) Industrial regulations
To orient and promote research and
innovation (R&I) in ICT
• Financing programs
• Entrepreneurships risk assessment
mechanism
• Prioritization and industrial strategic
vision
• Union activity promotion
• ICT and Internet mass use
• IT production fiscal incentives
• Knowledge and technology transfer
• International standards certification
• Business promotion
• Foreign investment promotion
• Signature of new trade agreements
• To combat piracy
16 Input Paper ICT Regulations Working Group
To create appropriate conditions for
strengthening international cooperation
• ICT in health (e-health)
• ICT in agriculture (e-agriculture)
• ICT in education (e-education)
• ICT in justice (e-justice)
• ICT in defense
• ICT in transportation
• ICT in environment
• TIC for social challenges
• ICT to promote Small and Medium Enterprises
(SME)
• E-Government
Prioritization of ICT areas
• Prioritized strategic areas by ICT regulation LAC experts and main stakeholders
• Prioritization done through an online questionnaire
17 Input Paper ICT Regulations Working Group
Recommendations on
LAC ICT R&D Institutional Framework
1.
2.
3.
4.
5.
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Harmonise a legal and institutional framework that would ensure a coordinated
implementation of S&T strategies, ICT public policies, Broadband Plans and
Regulatory Agendas within and across levels of governments in the LAC region.
Encourage continued work of LAC ICT regional groups and forums, such as
REGULATEL or ALETI, and set up efficient communication channels with those in
EU.
Promote the open, distributed and interconnected nature of the Internet fostering
innovation, creativity and economic growth in the LAC region.
Ensure true independence of the LAC national regulatory authorities.
Merge separate regulatory bodies and harmonize regulations across different
sectors, in order to support efficiency, fairness and clarity for service providers
and the general public.
Input Paper ICT Regulations Working Group
Recommendations on
LAC ICT R&D Institutional Framework
Sectorial regulations
Market regulation best practices
6. Carry out regular reviews of relevant markets both at wholesale and at retail
level in LAC countries in order to preferably establish ex ante regulation.
7. Set up regulatory measures concerning the relevant markets for wholesale
(physical) network infrastructure access and wholesale broadband access
based on non-discrimination obligations and cost-oriented methodologies.
Access and Interconnection
8. Establish an IP interconnection framework which will encourage competition by
stimulating the development of communications services and networks.
9. Review the stages of migration towards an all-IP based interconnection
architecture across EU countries.
Consumer protection and Consumer empowerment
10. Foster a climate of trust among LAC ICT users in relation to information
security and network security, authentication, privacy and consumer protection.
11. Develop principles to promote efficient, transparent and fair global markets for
consumers.
Cybersecurity
12. Create a cybersecurity strategy establishing Computer Emergency Response
Teams –CERT– for the institutions and focusing on the protection of LAC
critical information infrastructure from cyber disruptions.
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Input Paper ICT Regulations Working Group
Recommendations on
LAC ICT R&D Institutional Framework
S&T regulations
Intellectual Property Regulation
13. Ensure protection of Intellectual Property for promoting innovation and creativity in
the ICT and S&T sectors, but also for developing employment and improving
competitiveness.
14. Measure the importance of Intellectual Property rights in the LAC economy and
review the EU system of IP rights which not only guarantees innovators their due
reward but also stimulates a competitive market.
Data Protection Regulation
15. Review and propose a reform on the data protection rules to strengthen online
privacy rights and boost LAC digital economy.
16. LAC governments, the private-sector, the Internet technical community and civil
society should work together to strengthen data protection regulation and to
ensure effective individual control over the receipt of information and disclosure of
personal data.
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Input Paper ICT Regulations Working Group
Recommendations on
LAC ICT R&D Institutional Framework
S&T regulations
Security and privacy
17. Encourage cooperation in the LAC region to promote Internet security and the
implementation of internationally recognised, market-driven security standards and
EU best practices to promote online security.
18. Achieve regional and local interoperability recognising privacy rules based on global
principles and laws that achieve the same objectives, and considering fundamental
rights of others in society including rights to freedom of speech and to freedom of the
press.
Software and IT sector regulatory incentives
19. Promote an open Internet that supports the free flow of information, research,
innovation, entrepreneurship as well as basic and applied research and collaborative
knowledge and innovation networks.
20. Boost the creation and development of the ICT application software industry driven
by innovative production clusters, made up of universities, high-level technological
centres and leading businesses; angel and venture capital funds; and a culture of
entrepreneurship.
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Input Paper ICT Regulations Working Group
Recommendations on
LAC ICT R&D Institutional Framework
Industrial regulations
ICT and Internet mass use
21. Provide the backing and support to the various regulators, associations, regulatory
authorities, regional organizations and institutions involved in promoting access,
adoption and use of broadband services so as to help reduce the digital divide
while promoting economic growth and social inclusion.
ICT in education (e-education)
22. Promote the use of ICT in education in order to strengthen democratic and
transparent education planning and management, expand access to learning,
improve quality and ensure inclusion.
23. Work with EU partners on the development and analysis of ICT policies in
education and highlighting how these policies can be aligned to wider societal and
economic goals.
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Input Paper ICT Regulations Working Group
Recommendations on
LAC ICT R&D Institutional Framework
Industrial regulations
ICT in health (e-health)
24. Maximize ICT potential for enhancing the quality of health care for LAC people
through public-private collaboration that brings together specialized professional
teams to integrate medical, public-health and ICT knowledge.
25. LAC governments should review the EU eHealth Action Plan 2004-2011 covering
electronic prescriptions and health cards to new information systems that reduce
waiting times and errors, in view to explore the feasibility of the integration of
telemedicine into health systems in LAC.
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Input Paper ICT Regulations Working Group
Download the complete report at:
http://www.leadershipproject.eu/?page_id=3442
The consortium:
Quotation:
When quoting from information from this report, please use the following phrase:
“Input Paper ICT Regulations Working Group – Analysis of Latin American ICT R&D Regulatory and Institutional
Framework, best practices and recommendations”, LEADERSHIP project.
This project has received funding from the European Union’s Seventh Framework Programme for
research, technological development and demonstration under grant agreement no 611099
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Input Paper ICT Regulations Working Group
Thank you
Yolanda Ursa
e-mail: yolanda.ursa@grupoinmark.com
Mario Castaño
e-mail: mcastano@cintel.org.co
www.leadershipproject.eu
@LEADERSHIPeu
Facebook.com/LEADERSHIPeu
Linkedin Group: Co-Innovation-LAC
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Input Paper ICT Regulations Working Group