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What are the ITR’s?
ITR’s are a binding international TREATY
on
“International Telecommunications Regulations”
(similar to the Radio Regulations, the RRs)
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Why are the ITRs ?

They aim to regulate (set rights and obligations
on Member States and Operating Agencies)
regarding (mainly):

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The Establishment and Operation of International
Networks;
The Provision of International Services;
Accounting Principles and Rules;
Safety of Life and Priority Communications;
Special Arrangements;
Security of Networks and Services (New Proposals).
Where the ITRs are devised?
PP
CS CV
WCIT
WTDC
WTSA
WRC
ITR
RR
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WCIT (World Conference on International
Telecommunications) is a high level
conference.
In WCIT only MSs discuss, develop, revise
and adopt the ITRs.
Accredited HoD (or others) signs the ITRs.
How ITRs are implemented?
They should be endorsed
by the Parliament of the
Signatory Member State.

Member States either apply the
relevant ITR articles; and/or

Transfers the ITR commitments
and obligations to its national laws
and regulations, to be applied by
its Operating Agencies (CS: §38).
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What is inside the ITRs?
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The ITRs:
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10 Chapters and 3 Appendices (Currently!).
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Next, we shall go into depth inside the ITRs.
www.itu.int/oth/T3F01000001 (6 Lang.)
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First African Preparatory Meeting
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
Was held in Cairo 14-17 November 2011 with
invitation from the African Telecommunication
Union “ATU”, and hosted by NTRA.

Attended by
observers.

Presentations from : ITU-T Councilor, ATU
Consultant, Egypt, Arab Group Representative,
RCC Representative.

Main discussions:
50
Participants
and
several

African Concept Paper on the ITRs revision.

Preliminary Common African Proposal for the
revision of some important Articles of the ITRs.
The African proposal to CWG-WCIT (

)
Main three sections :
1.
Current Telecom Environment.
2.
Reference principles on which Africa
will base its revision of the ITRS.
3.
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Criteria for considering proposals from
other regions.
1. Current Telecom Environment
• Privatization of telecoms
• Commercialization of telecom operations
• Significant and growing use of IP protocol
• Use of VoIP over high speed Internet connections
• Security threats to infrastructures and individuals
• Misuse of NNA & Identification resources
• Increasing financial misappropriation/harm
• Technical challenges, QoS (specially for IP Telecom)
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• Multinational operators and traffic aggregators
(with the increasing use of alternate calling procedures,
traffic hubbing and refiling).
2. key principles for revising the ITRs
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
The ITRs should contain, inter alia, high level
strategic and policy issues;

Should not be limited by current technological
constraints;

Flexible and sufficiently broad to apply over a
considerable period of time;

ITRs should be self-contained; however min overlap
& no conflict with the CS/CV.

Ensure the purpose of the Union as set in the
Preamble of the CS specifically “... with the object
of facilitating peaceful relations ....”
2. (cont) – key principles (HARM)

Should consider definitions of the terms, inter
alia : “harm”, “fraud”, “misappropriation”,
“misuse” and “threat”.

Provisions to avoid, to the furthest extent, and
in accordance with the Preamble of the CS,
practices which could harm other MS.

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Security Related Articles.
2. (cont) – key principles (OA/RoA Obligations)
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
Commitments and obligations on MS, related
to harm to other MS, shall be implemented, if
necessary by transferring them to operating
agencies through national laws (CS §38).
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Rights of telecoms operators to exercise
reasonable competitive commercial choices,
provided that there is no technical harm or
financial misappropriation/harm to third
countries.
2. (cont) – key principles (DCs rights)
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
WTPF-09 (Lisbon-2009) on Opinion 6 should be
considered, especially regarding DCs.

Preserve the rights of small operators from abuse
by SMP large & multinational operators; (equal
bargaining powers at the international level
between operators) (WTPF Opinion 6).

There should not be observance of other treaties
that “some” Member States are engaged-in (e.g.
BTA/WTO).
2. (cont) – key principles (Origin and Routes)
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
Ensure the receiving operators’ right to be able to
identify the true origin of the communication they
receive.
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The sovereign right of a MS to have knowledge,
and the possibility to select – for example for
security reasons - the route of telecommunication
traffic originated or terminated to its territories
from/to an international end user must be
guaranteed.
3. Criteria to Consider other Proposals

EU presented Criteria to accept other regions’
proposals, based on WTO (BTA, GATS), and
EU Regulations.

USA position is a hard line one, with some,
but not all, support to EU.

Africa as well presented its criteria.
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Africa shall consider in the net meeting how to
a void “tie deadlocks” in the WCIT itself.
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3. (cont) – Criteria (Transfer of Commitments)
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Observance of the provisions of the ITRs by
MS, administration, and OA, in accordance with
No. 38 of the Constitution.
Transfer of particular commitments, obligations
and provisions to national legislations, in
particular to avoid harm.
Respecting the rights of other Member States
with respect to issues such as, inter alia, fraud,
technical harm, financial misappropriation/harm,
and other security issues.
3. (cont) – Criteria (ITU Recommendations)
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ITRs kept at high level, however in certain instances
the ITRs can deal with technical or regulatory
issues related to int’l telecom.
in certain instances the ITRs can include technical,
operational and regulatory issues related to
international telecommunications; in these cases, the
ITRs can include reference to specific ITU
Recommendations, whose provisions would
become mandatory if such a Recommendation is
deemed essential for the proper implementation
/enforcement of this ITR provision to fulfil its intended
purpose.
3. (cont) – Criteria (Observance of Other Treaties)

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ITRs should be a stand-alone treaty and not be
subject to or dependant on any other treaties
(except CS/CV).
African Proposal for ITRs Revision (

)
The meeting overviewed the previous
proposals by Africa or African countries.
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Identified how and why the “obligatory: nature
of the ITU-T Recommendations has turned to
“non-obligatory” in WCIT Melbourne, 1988.

Africa produced a proposal (TD60R1) for the
revision of some important articles of the ITRs
based on the CWG-WCIT document TD36R5
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(compilation of proposals, SEP 2011).
Follow-up of the African Proposals for ITRs Revision
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African proposals discussed and included in the
Compilation of Proposals Doc (TD52R2).
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Several additional contributions from individual African
countries were submitted to the CWG-WCIT (Egypt,
Rwanda and Côte d’Ivoire), for review also in Durban.
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e-mail correspondence group was established by ATU
to exchange views, and used to circulate proposals
before submission.
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WTSA-WCIT12-prep@atu-uat.org
Follow-up of the African Proposals for ITRs Revision
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Several African countries participated in CWG-WCIT
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African Coordination meetings are held during CWG-
WCIT meetings.
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Last coordination meeting considered the most
important issues for the African region to be
considered in this second African meeting in Durban,
South Africa 20 – 25 May 2012.
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Summary of the Preliminary African Proposal
for the ITRs revision
Issues of C60R1 :

§ 6.1.1: collection charges avoids dissymmetry
and be transparent.
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
§ 6.2:

New § 6.12: Rates (transit, termination and
roaming) are cost based.
Accounting, Transit and Termination
Rates are by mutual agreement between OAs, and
shall be Cost Based .
Summary of the Preliminary African Position
on the ITRs revision


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New § 6.7: Access to alternative dispute
resolution mechanisms, and standing to have
recourse to the relevant regulatory or competition
authorities of the other party's country.
New § xx: on settlement of disputes by national
or international body mutually agreeable to the
parties in dispute.
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Summary of the Preliminary African Position
on the ITRs revision
§ 9.1 b): Special Arrangements SHALL avoid :
financial misappropriation/technical
harm/stoppage.
New §:
Intercept and Monitoring subject to
due process authorization in accordance with
national law.
New §: Security:
o
o
New § X1 : MS cooperate in technical matters in
security.
New § X2 : MS Cooperate to harmonize policies,
investigation and prosecution of cybercrime.
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Main Issues of concern in the ITRs
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
General: Transfer of obligations and
commitments to Operating Agencies
(OA), in line with CS §38.

§ 1.4 : Mandatory application of SOME
ITU-T Recommendations.

§ 1.7 : Right of MS to authorize (Not
Recognize) OAs.
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§ 1.9 : “NO” observance of other MSs
treaties !!
Main Issues of concern in the ITRs
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
§ 2 : Definitions: need not be detailed or
very granular.
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§ 3.a : CPND/CLI/OI: Identification of the
Origin of the Call. Important for Fraud and
Security.

§ 3.b : Availability of Routing Information:
But subject to technical, operational and
commercial difficulties !! However is
important as (§ 3.a).
Main Issues of concern in the ITRs
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
§ 3.c : Allocation of Numbering, Naming
and Addressing.
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§ 3.d : Misuse of Numbering.
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§ 4.3 : Quality of Service.
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§ 4.a :Transparency of Roaming charges.
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§ 4.b : Avoidance of double Taxation.
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§ New : Security and Confidence in ICT:
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§ 9 : Special Arrangements: Shall avoid
Harm, and preserve security.
Conclusion

Africa is highly engaged in the ITRs revision
process.

Africa is concerned with connectivity, costing
and accounting, QoS and security issues,
among others.

Africa should come with a unified common
proposal.
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