The Institutional Indicator of Federalism from the Perspective of the TLICS Model: Juridical Variables for ICT Comparative Studies

Acorn-Redecom Conference 2012

13 Pages Posted: 7 Jun 2012

See all articles by Marcio Aranha

Marcio Aranha

University of Brasilia; School of Law Research Center on Administrative Law and Regulatory Practice; University of Brasilia Research Center on Communications Policy, Law, Economics, and Technology; Telecommunications Law Research Group

Othon Lopes

Universidade de Brasília (UnB)

Egon Guterres

Anatel

Antonio Pinheiro

Anatel

Marcio Zanatta

ANTAQ

Date Written: May 1, 2012

Abstract

Based upon the Telecommunications Law Indicators for Comparative Studies (TLICS) model, this article builds upon the federalism as an institutional variable used in comparative analyses from the perspective of the information revolution category and dependence of economic development upon ICT. The research question asks how institutional guarantees of the federalism may shed light on the current literature of dependence of economic development upon ICT, when compared to studies that take for granted a univocal concept of federalism. In other words, to which degree does the TLICS model influence the perception of the federal institutional background in the ICT comparative studies? The article is organized in three main parts. A review of the literature is performed in the first part, in which ICT comparative analyses are scrutinized to show the role played by the institutional indicator of federalism. The second part applies the TLICS model to that indicator to detect its institutional guarantees by means of the method of prescriptive hermeneutics from the perspective of the institutional theory of Law. The third part delves into the aforementioned institutional guarantees of the two biggest Latin American economies – Brazil and Mexico – representative of the federal system, while a third country used as a control case – United Kingdom – as a representative of the unitary system. As a main outcome, this article shows that the usual univocal concept of the federalism indicator in the literature on dependence of economic development upon ICT could gain in precision should the 43 institutional guarantees of the federalism, detected when applying the TLICS model, be taken into account, as it shows that countries usually separated by that variable are, on the contrary, in the same category for comparative purposes.

Keywords: Comparative regulatory models, federalism, United Kingdom, Mexico, Brazil, Telecommunications Law Indicators for Comparative Studies (TLICS Model)

JEL Classification: K23, K2, K00, A12

Suggested Citation

Aranha, Marcio and Lopes, Othon and Guterres, Egon and Pinheiro, Antonio and Zanatta, Marcio, The Institutional Indicator of Federalism from the Perspective of the TLICS Model: Juridical Variables for ICT Comparative Studies (May 1, 2012). Acorn-Redecom Conference 2012. Available at SSRN: https://ssrn.com/abstract=2079040 or http://dx.doi.org/10.2139/ssrn.2079040

Marcio Aranha (Contact Author)

University of Brasilia ( email )

Campus Universitário Darcy Ribeiro
Asa Norte
Brasília, Distrito Federal 70910-900
Brazil

HOME PAGE: http://www.fd.unb.br/

School of Law Research Center on Administrative Law and Regulatory Practice ( email )

Brasilia, DF
Brazil

HOME PAGE: http://www.ndsr.org/

University of Brasilia Research Center on Communications Policy, Law, Economics, and Technology ( email )

Caixa Postal 04413
Brasilia, 70919-970
Brazil

HOME PAGE: http://www.ccom.website

Telecommunications Law Research Group ( email )

Brazil

HOME PAGE: http://www.getel.org

Othon Lopes

Universidade de Brasília (UnB) ( email )

Campus Universitário Darcy Ribeiro
Asa Norte
Brasília, Distrito Federal 70910-900
Brazil

Egon Guterres

Anatel ( email )

Brasilia
Brazil

Antonio Pinheiro

Anatel ( email )

Brasilia
Brazil

Marcio Zanatta

ANTAQ ( email )

SEPN Quadra 514 Conjunto E
Edificio ANTAQ
Brasilia, Distrito Federal 70760-545
Brazil
+55 61 2029-6500 (Phone)

HOME PAGE: http://www.antaq.gov.br

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