The instrumentalization of responsive regulation and its relative efficiency: experiences of the Brazilian National Telecommunications Agency

One of the regulator's primary responsibilities is to ensure regulatory compliance. In this arena, the responsive regulation technique stands out as a novel approach. This study has the dual goal of determining which and how efficient the responsive instruments in use in the Brazilian telecoms sector are. Empirical assessments are based on an inventory of the primary instruments in use at the Brazilian National Telecommunications Agency, and a Data Envelopment Analysis (DEA) method is used to evaluate their relative efficiency. The findings indicate that the Anatel employs a diverse variety of innately responsive instruments and instruments adapted to the responsiveness strategy. In turn, evidence from the efficiency evaluation indicates that the instruments have high scores. Some instruments lost relative power in some circumstances, which may indicate a tendency toward loss of efficiency over time. This study contributes to a comprehensive review of the regulatory strategy being implemented by Brazilian regulatory agencies.