The regulatory thinking cycle

Explainers

The story behind five generations of regulation – G1 to G5 Why do we need G5 collaborative regulation? Four fundamentals. Wheel of collaboration – how to collaborate and with whom? Five reasons to look at the G5 Benchmark G5 and the digital transformation The regulatory thinking cycle Finding the shortest path to collaboration

Informers

How broadband and digitization impact the global economy The impact of policies, regulation, and institutions on ICT sector performance

Enablers

Mobile broadband – six golden rules to accelerate take-up Fixed broadband – seven golden rules to accelerate take-up Future-proofing for digital transformation in times of crisis Essentials for the success of regulatory collaboration and response Seven design principles for collaborative regulation Five benchmarks for regulatory excellence and market performance 12 elements – the core of collaborative regulation best practice

National Approaches

Library of national approaches to collaborative governance

Best Practices

GSR-21: Financing digital infrastructure, access and use GSR-20: The gold standard for digital regulation GSR-19: Fast Forward Digital Connectivity for All GSR-18: New Regulatory Frontiers to Achieve Digital Transformation GSR-17: Policy and Regulatory Incentives for Affordable Access to Digital Services GSR-16: Collaborative Regulation for Digital Financial Inclusion GSR-15: Facilitate the Widespread Adoption and Use of Mobile Applications and Services through Targeted Regulation GSR-14: Consumer Protection in a Digital World GSR-13: Evolving Roles of Both Regulation and the Regulators in a Digital Environment GSR-12: Regulatory Approaches to Foster Access to Digital Opportunities Through Cloud Services GSR-11: Regulatory Approaches to Advance the Deployment of Broadband, Encourage Innovation and Enable Digital Inclusion for All GSR-10: Enabling Open Access GSR-09: Innovative Regulatory Approaches in a Converged World to Strengthen the Foundation of a Global Information Society GSR-08: Innovative Infrastructure Sharing Strategies to Promote Affordable Access for All GSR-07: Next-Generation Networks (NGNs) Migration GSR-05: Spectrum Management to Promote Broadband Access GSR-04: Promotion of Low Cost Broadband and Internet Connectivity GSR-03: Universal Access Regulatory Best Practice Guidelines

Becoming more inclusive and experimental

A broad framework for exploring new technologies and design principles should form the basis for a revisited regulatory thinking cycle, one that supports collective thinking on new technological paradigms led by regulators. The cycle we propose for collaborative regulation covers ten steps:

Step 1: Observe & gather evidence

The first phase of the cycle is fundamental for building up a sound regulatory response to new technologies, services and more complex phenomena. It is also one of the most important as it grounds the process and links it to market realities.

Step 2: Model & analyse

Based on the evidence and using various analytical and economic modelling techniques as well as regulatory impact assessment, this phase structures available elements/features and creates an evidence-based framework for decision-making.

Step 3: Consult

In order to open dialogue with all stakeholders affected by the new paradigm, it is essential to engage in consultations and constructive dialogue around the new technology paradigm, supported with the evidence produced during the previous phase.

Step 4: Define

Based on the dual input received – hard evidence and stakeholder views – regulators need to develop a definition or, at least, a delimitation of the paradigm, which is crisp and clear, as well as useful from a regulatory perspective. The definition should identify areas for regulatory codification, incentives or enforcement.

Step 5: Ideate

In order to go beyond established regulatory practices and pinpoint new tools, it is important to generate a wide range of ideas, among all stakeholder groups. These will feed into the top scenarios to be explored and prototyped.

Step 6: Prototype

Once all resources are available, the regulatory multi-stakeholder team can develop prototypes for the top ranked solutions based on the ideas identified and the buy-in of stakeholders.

Step 7: Test

Testing is a new, core pillar of the regulatory thinking cycle. It provides space for trial and error, along with the opportunity to fine-tune, revise or scrap ideas before they flow into formal policy and regulatory frameworks. Regulatory sandboxes, accelerators and unregulated pilot projects are central pieces of this phase.

Step 8: Calibrate & balance

Fine-tuning is an important step that allows for calibration of regulatory targets and the regulatory solutions towards them. The process leaves room for rebalancing regulatory intervention, evaluating tools at hand, while increasing chances for successful future regulatory frameworks.

Step 9: Adopt

The culmination of the process is the adoption of the (hopefully) true-and-tested solution and its implantation into the body of national regulation.

Step 10: Revise & enhance

Even when a regulatory decision is adopted, the process is not over – and probably will never be. Regulators need to monitor and continuously analyse implementation and enforcement patterns while studying the short-to-mid-to-long-term effects of regulations and ways to revise and enhance them.

Keep reading: Global ICT Regulatory Outlook 2018