Samenvatting

Traditionally, technological transitions in infrastructure bound sectors are matters for the private sector. History teaches us that as soon as technological transitions proved successful, government sooner or later got involved with the distribution. Most of this involvement, both in history and now, has taken the form of public regulation with the help of various formal legal instruments.

This article aims to answer three questions, namely (1) what ideational and materials drives can be distinguished in the government's involvement in these technological transitions, (2) through what legal instruments are these objectives expressed and how , and (3) what are the incentives of these formal legal instruments on innovative private entrepreneurs for their further technological pursuits. How were their behavioural options affected by the use of statutory acts, concessions, permits and/or licences? Incentives to private innovators are qualified as positive, neutral or negative. The research method chosen has been inspired by insights from legal sociology, public choice theory and strategic actor behaviour in qualitative simulation-games, but follows distinct methodological steps. Throughout the article a case study on the transition from telegraphy to telephony in The Netherlands will be used to illustrate the discussion.