Backgrounder Review of the International Telecommunication Regulations How do the world’s information and communication technology (ICT) operators and service providers seamlessly interconnect the vast mesh of backbone networks, coaxial cabling, satellite links, short- and long-haul connections and wireless data technologies that make up today’s global communication networks? The answer is the International Telecommunication Regulations (ITRs), an international treaty managed by ITU, the UN specialized agency for ICTs. The ITRs establish general principles relating to the provision and operation of international telecommunications. They facilitate global interconnection and interoperability of telecommunication infrastructure, underpin the harmonious development and efficient operation of technical facilities, and promote the efficiency and availability of international telecommunication services. As such, they also complement the Radio Regulations, another ITU-managed international treaty, which governs the worldwide use of the radio-frequency spectrum on which all wireless communication services rely. The current ITRs treaty is the successor to a long series of instruments dating back to the original creation of ITU in 1865. The immediate predecessors of the current treaty were two separate treaties: the Telegraph Regulations (1973) and the Telephone Regulations (1973). Ready for revision? The ITRs have remained unchanged since coming into force on 1 July 1990. Since then, there has been rapid and far-reaching technological change and the widespread liberalization of telecommunication markets, through privatization and competition. In many countries, the role of government has evolved from being an operator of analogue voice telephony services to regulator of digital convergent multimedia services. Although the pace of change has varied between countries, the liberalization of telecommunication markets has been a common trend in both developed and developing countries worldwide. Issues concerning the need for and scope of review of the ITRs were considered by ITU at its Minneapolis (1998) and Marrakech (2002) Plenipotentiary Conferences, but consensus to establish, scope and implement a review has been difficult to achieve, due to the variety of perspectives on the ITRs held by ITU Member States. www.itu.int/wtpf2009 This Background Paper is for information only. Source: Secretary-General The Antalya Plenipotentiary Conference 2006 (PP-06) made substantial progress, embodied in Resolution 146 (Antalya, 2006) Review of the International Telecommunication Regulations, by reaching consensus on a review process that respects the divergent opinions among Member States regarding the future treatment of the ITRs. The way forward Resolution 146, recognizing the extent and complexity of discussions on the ITRs since 1998, resolves that the ITRs should be reviewed and, inter alia, that the fourth WTPF should consider emerging policy and regulatory issues with respect to international telecommunication networks and services for the purpose of understanding them and possibly developing opinions as appropriate. Some of the issues that ITU Members may wish to consider in the context of any preparations for a revision of the ITRs include: • Requirements to apply the ITU-T Recommendations relating to safety of life, priority telecommunications, disaster recovery and emergency telecommunications • Countermeasures to deal with spam and related issues (such as phishing, malware, etc.) • Changes to the definition of “technical harm” to include spam, malware, etc., as defined in relevant ITU-T Recommendations, as well as malicious code transmitted by any telecommunication facility or technology, including the Internet and Internet Protocol • Settlement of disputes, in particular to address problems raised by unequal bargaining powers at the international level between operators • Expansion of the concept of “harm” to include financial matters • The need for measures regarding misuse of facilities and/or numbering resources – for example, the use of networks with the intention of avoiding payment (or by making someone else pay), or the use of numbering resources in a way that does not conform to ITU-T Recommendations’ assignment criteria • Quality of service • Alternative calling procedures on international telecommunication networks • Cybersecurity, including security of data, of signalling and traffic information, and of billing information • Issues raised by new practices such as “hubbing”, where traffic is routed to final destinations via a transit centre (hub), with payment being made solely to this hub, rather than to the final call destination • Appropriate use of billing models, such as sender-keeps-all. International Telecommunication Union Place des Nations CH-1211 Geneva 20 – Switzerland