Ownership of telecommunications services and tariff regulation: Limits to the normative faculties of the administration

Abstract

The vertiginous technological advance and the new telecommunications services defy the normative principles of legal source underpinning the regulation of telecommunications and encourage the administration to regulate its contents, threatening to subtract Force to the principle of legal reserve which extends by constitutional mandate. So, the regime of granting concessions and permissions and the tariff regulation of services have kept the law as exclusive source of its regulation, however the exclusivity could be diminished to the increasing regulatory capacity you are recognized to the administration.

The treatment that the law makes respect to both subjects is analyzed, its historical evolution, the role that infra-legal regulation has played in these matters and the constitutional safeguards that are presented as limits to the regulatory capacity of the administration.