Programme 1-Revised 1.: Regulatory Reform
In adopting Programmes as the key factors of the Doha Action Plan, WTDC-06
recognizes the need for congruence between the conclusions of WTDC-06 and the
outcome of the WSIS within the core competence of the ITU-D. Programmes are
components of the toolkitthe BDT uses when solicited by Member States and Sector
Members to support their efforts to develop, improve or maintain the instruments they
need for the deployment and the usage of telecommunication networks and ICT-enabled
E-services/applications [TDAG-11/Doc 18].
1 Purpose
Taking into account the intense competitive environment and accelerated convergence,
this Programme will focus predominantly on assisting Member States and national
regulatory authorities in developing and implementing policies, legislation and
regulations aimed at sustained development, access and use of telecommunications,
including broadcasting, as well as in their commitment to promote universal, ubiquitous
and affordable access to Information and Communication Technologies (ICT). Sector
reform has become de facto norm nowadays among ITU Member States, therefore the
focus of ITU-D’s work in the area of policy, legislation and regulation has been shifted
recently from the preparation and implementation of initial reforms to assisting Members
in engaging in most effective [optimized] reform to meet their national
telecommunication/ICT development, access and use goals. The Programme has been
designed to provide practical solutions to enable effective regulation by ITU Member
States, particularly in response to accelerated convergence trends whereby similar
services can be delivered over different types of networks. [WTDC 7, GPA §C2, ¶ 9 i, j
and l and §C5, ¶12 d and g, GPA §C6, ¶13a, TAIS 20, 23g-l, 26h.]. Past experience and
feedback from Members resulted in proposing the continuation and enhancement of the
Global Symposium for the Regulators to be organized in principle once a year.
This Programme, during its implementation, should take into consideration the relevant
conclusions (Article 22 of the ITU Constitution: resolutions, recommendations, decisions
and reports) adopted by the World Telecommunication Development Conference (Doha,
2006).
2 Tasks
2.1 Creation of tools and guidelines for effective regulation
Prepare tools in the area of policy, legislation and regulation for use by
telecommunication/ICT decision makers, regulators, policy-makers, operators and service
providers, including publications, studies, guidelines and models on issues identified as
priorities by the membership.
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a) Publish the report Trends in Telecommunication Reform on an annual basis,
highlighting key regulatory trends, and using information gathered from any relevant case
studies and the annual regulatory survey. [GPA C2, 9d]
b) Produce special studies identifying benchmarks and focusing on the practical
approaches by which anticipated regulatory problems can be tackled. [GPA C2, 9d]
c) Conduct case studies of different models or approaches undertaken in the reform
process, identifying advantages and disadvantages thereof in order to elaborate best
practice guidelines. [GPA C2, 9d and Tunis Agenda 13 and 19, 90b]
d) Prepare and disseminate policy, legislation and regulation manuals and best practice
guidelines, including model policy, legal and regulatory instruments such as:
 models of universal access/service policies,
 policies on broadcast transmission and gateway access,
 legislation setting forth the scope, authority and enforcement powers of the
regulator;
 model regulatory instruments such as model interconnection agreements,
 rules related to universal service/access funds,
 licensing procedures for telecommunication/ICT service providers,
 improvement of network performance and quality of service (QoS) standards for
telecommunication/ICT service providers,
 rational, efficient and economic use of (and equitable access to) the radiofrequency spectrum [GPA, C6, 13r] and numbering plans,
 policies that provide for the education of potential end users on the benefits of
telecommunication/ICT and which train potential customers how to use
telecommunications/ICTs [GPA C2, 9 i, j and l and C5, 12 d and g],
 ongoing work in the area of effective dispute settlement systems, notably
alternative dispute resolution (ADR), which can promote settlement of disputes
[GPA, C6, 13k.];
 promote regulatory frameworks to accommodate new technologies such as next
generation network and services [WTDC 5],
 open and competitive access to ICT and internet backbones, cyber security,
including spam, internet governance, internet exchange points and international
internet connectivity, in doing so tailoring regulatory frameworks to both large
and small infrastructure and service providers and adapting to the impact of major
technological developments on policy, strategy and regulation in the ICT sector.
(GPA C2, 9 i, j and l and C5, 12 d and g ).
2.2 Creation of training materials
Develop long-term training material related to the tools and guidelines mentioned above
with in view the creation of skilled human resources in government and industry to
develop and implement policies, legislation and regulation aimed at sustained
telecommunication and ICT development, access and use. This action line, in close
cooperation with the “Human Capacity Building” Programme 5 , will focus on relevant
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skill building for regulators, policy-makers and the regulated sector and, where
appropriate, would utilize and maximize the use of the resources of ITU regional offices,
the regional centres of excellence and regional regulatory organizations.
a) Develop and deliver training courses to regulators, policy-makers and private sector
members on regulatory issues, based on the manuals, guidelines and case studies
elaborated under § 2.1 and other relevant materials. [TAIS 23a]
b) Training to be provided using both traditional and electronic means onglobal, regional
or subregional basis.
c) Foster other training mechanisms, e.g., a programme to exchange staff between
regulators on a temporary basis.
2.3 Assistance to members
Regulatory symposia, forums, seminars and workshops
Provide fora in which national policy-makers, regulatory authorities and regional
regulatory organizations can discuss key regulatory issues and obtain relevant input from
those to be regulated. [GPA, C1, 8e ; C6, 13f]
a) Organize a meeting of regulators, the Global Symposium for Regulators (GSR),
in principle once a year.
b) b) Conduct symposia/seminars for regulators and policy-makers, in close
collaboration with regional/subregional telecommunication organizations,
including regional regulatory organizations, which provide fora for exchange of
opinions, views and experiences among countries on specific areas/concerns in
regulation, policy and legislation, aimed at developing practical solutions to sector
reform issues.
c) Encourage regulators to foster creation of a trustworthy, transparent and nondiscriminatory legal, regulatory and policy environment. Actions include inter alia
supportive, transparent, pro-competitive and predictable policy, legal and regulatory
framework, which provides the appropriate incentives to investment and community
development in the Information Society [GPA C6.13a].
[TAIS 19, 20, 21, 24, 27b, 37, 48, 50, 80, 89, 91r, 97, 108]
d) Support policy, legal and regulatory workshops to develop regional model
regulatory instruments. By way of example these could include model frameworks on
universal service funds, model interconnection reference offers, and model licensing
frameworks for advanced mobile services.
Targeted regulatory assistance and support
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a) Assist and advise Member States, national regulatory authorities and/or and regional
regulatory organizations in implementing policies, legislation and regulations aimed at
sustained telecommunication/ICT development, access and use, preferably by applying
electronic communication methods [TAIS 54]
.To this end, subject to formal request by Member States and available budgetary
appropriations provide expert advice to Member States, national regulatory authorities
and/or regional regulatory organizations on a short-term basis in accordance with
guidelines established by ITU-D.
b) The above-mentioned assistance or advice may be provided in the following areas:
1) analysing the impact of existing telecommunication/ICT-related policies, legislation
and regulations on telecommunication/ICT development, access and use and identifying
policies, legislation and regulations aimed at improving telecommunication/ICT
development, access and use;
2) creating and implementing national regulatory authorities and regional regulatory
organizations (e.g. on issues of independence, transparency, fairness, enforcement,
accountability, etc.) taking into account the organizational situation and different phases
of telecommunication/ICT development within countries;
3) establishing, reviewing, updating and harmonizing the legal framework to address the
transition from sector-specific to converged telecommunication/ICT legislation;
4) creating, enhancing, implementing and enforcing policy, legal and regulatory
frameworks aimed at sustained telecommunication/ICT development, access and use (by
way of example, by assisting national regulatory authorities in the development of rules
for price regulation, interconnection access obligations and costs, universal access/service
obligations, licensing fees for scarce resources, numbering and other customer access
principles, quality of service obligations, radio-frequency spectrum management
(including broadcasting services), and by assisting policymakers in the development of
policies which encourage the training of potential consumers in the use of
telecommunication/ICT and make telecommunication/ICT relevant to and accessible by
all end users, including those that may lack literacy and numeric skills);
5) developing policies and providing information on technologies and strategies designed
to reduce costs of telecommunication/ICT services;
6) fostering the exchange of valuable expertise among regulatory agencies and between
regional and subregional regulatory organizations;
7) establishing policy and regulatory conditions that attract investment in advanced
information and communication infrastructure, widely known as telecommunication
networks , as well as in ICT-enabled E-services/applications to improve
telecommunication/ICT access in developing countries;
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8) studying and implementing the means necessary to support the New Partnership for
Africa’s Development (NEPAD);
9) studying and implementing means necessary to support other regional initiatives such
as the African Telecommunication Regulators Network.
2.4 Information sharing
a) Establish a Regulatory Knowledge Centre to maintain and expand the existing
Telecommunication Regulatory Library (annual regulatory survey, ITU World
Telecommunication Regulation Database and TREG website) to collect, collate and
disseminate regulatory statistics, and house, in one online location (TREG) expanding
upon the existing collection of studies and reports maintained by ITU, including the
guidelines, studies, models, manuals and other publications identified in § 2.1 above (e.g.
reference interconnection offers and published interconnection agreements as well as
relevant documents prepared by academic and international institutions and regional
regulatory organizations), as well as appropriate information on practical solutions to key
regulatory issues. Such services should, as far as possible, be provided at no cost to
regulatory authorities.
b) Collect and collate national telecommunication policies and regulations through the
dissemination of the ITU/BDT annual regulatory survey, tailored annually to most
pressing issues.
c) Maintain and enhance the ITU/BDT World Regulatory Database to include data from
the annual regulatory survey and the benchmarking of national experiences.
d) Exchange data and resources with relevant regional and international organizations for
publication on the TREG website.
e) Mobilize extrabudgetary resources to maintain, develop and enhance the Global
Regulators’ Exchange (GREX) as a convenient online interactive forum for regulators to
exchange views and experiences on key regulatory issues.
f) Gather and exchange appropriate information with regional/subregional regulatory
associations and with pertinent international regulatory initiatives.
2.5 Handling of special needs
In the information society, access to information, education and knowledge is crucial for
social mobility and social integration. Universal access, extending
telecommunications/ICTs to all social groups, can improve human development and
alleviate social marginalization, particularly in developing countries.
This action line will assist members to develop and promote policies, legislation and
regulations to ensure that all segments of society participate fully in the information
society. To this end it may include development and promotion of the following:
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a) gender-sensitive policies, legislation and regulations that seek to transform institutions
into gender aware environments that fully take into consideration women’s and men’s
concerns in the extension of telecommunication networks and ICT-enabled Eservices/applications;
b) policies, legislation and regulations designed to extend telecommunication networks
and ICT-enabled E-strategies/applications to women;
c) policies, legislation and regulations designed to extend telecommunication networks
and /ICT-enabled E-services/applications to youth;
d) policies, legislation and regulations designed to extend telecommunication networks
and ICT-enabled E-services/applications to indigenous peoples;
e) policies, legislation and regulations designed to extend telecommunication networks
and ICT-enabled E-services/applications to those living in underserved areas with
inadequate telecommunication/ICT-enabled E-services/applications and to those of
special needs.
2.6 Coordination within ITU
Strengthen coordination within ITU, including:
a) the provision of relevant input developed through this Programme to ITU-D Study
Group 1; b) exchanging information throughout ITU (ITU-T, ITU-R, regional offices and
regional centres of excellence and relevant ITU-D Programmes and Activities) in order
to utilize all available technical resources within ITU, and provide relevant expertise and
resources as needed throughout ITU.
2.7 Partnerships
Under the coordination of the “Partnership and Promotion” Activity, enter into formal
partnerships designed to facilitate the implementation of the activities of this Programme,
including securing funding from funding agencies, international financial institutions and
other relevant partners and soliciting extrabudgetary inputs and contributions from ITU-D
Sector Members and other relevant partners to facilitate the implementation of activities,
especially in the creation of tools and training materials. [GPA C1, 8e and Tunis Agenda
101, 102]
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