International frameworks
APT-ITU workshop on the International
Telecommunications Regulations
Bangkok, 6-8 February 2012
Richard Hill, ITU
Contents
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Background: past and future telecom trends
Review of ITRs
WTO Agreements and Regional Trade Blocks
The ITU Constitution
Key issues for ITRs
Summary
Background: past and future of telecom trends
 The International Telecommunication Regulations (ITRs) define the general principles for the provision
and operation of international telecommunications:
 To facilitate global interconnection and interoperability of telecommunication facilities
 To promote the harmonious development and efficient operation of technical facilities
 To promote the efficiency, usefulness and availability to the public of international
telecommunication services.
 They were adopted at the 1988 World Administrative Telegraph and Telephone Conference (WATTC-88)
held in Australia and they have remained unchanged since coming into force in 1990.
1865
1879
1906
1932 1938
Regulations for international service of the
Telegraph Convention
(1865- last modified on 1973)
1949
1958
1973
2012
Telegraph Regulations
(1932 - last modified on 1973)
Telephone Regulations
(1932 - last modified on 1973)
Radio Regulations
(first version 1906 – last modified in 2007)
Source: ITU
1988
ITRs
(came into
force in 1990)
Background: past and future of telecom trends
ARTICLES

Art 1. Purpose and Scope of the Regulations

Art 2. Definitions

Art 3. International network

Art 4. International telecommunications services

Art 5. Safety of Life and Priority of Telecommunications

Art 6. Charging and accounting

Art 7. Suspension of services

Art 8. Dissemination of information

Art 9. Special Arrangements

Art 10. Final provisions
PROVIDE AN INTERNATIONAL
FRAMEWORK
Review of ITRs
 Since 1998, several meetings and conferences have taken place to work on ITRs revision:
1999-2001
Expert groups and
working sessions:
It was stated that ITRs
were intended to
facilitate liberalization,
see, e.g., Article 9,
(special arrangements)
2002-2003
The Plenipotentiary
conference in
Marrakech 2002
adopted Resolution
121, which resolved
that the process of
reviewing the
International
Telecommunication
Regulations (ITRs),
should be continued.
The Council Working
Group on ITRs
established in 2003
following Resolution
121: to consider
whether there is a need
for new provisions in
the ITRs and identify
new issues, if any, that
may be the subject of
ITU Recommendation
2004-2006
The Council working group in
2004-2005, splitin 3 subgroups
that analyzed issues such as
whether the ITRs provisions can
be applicable for international
telecommunications services
arising from evolving
telecommunication industry
The Plenipotentiary
Conference in Antalya, 2006
adopted Resolution 146,
which stated 1) that a review of
the ITRs should be carried out;
and 2) the fourth WTPF(World
Telecommunication Policy
Forum )should consider
emerging telecommunications
policy and regulatory issues.
2007-2011
Several meetings took
place from 2007 to 2011:
Many proposals have
been made, including for
example (in no particular
order):
1) Mandatory application
of certain ITU-T
Recommendations;
2) Countermeasures
against spam
3) Misuse of numbering,
naming and addressing
resources and subscriber
identification;
4) Quality of service;
5) Appropriate use of
billing and payment
models;
6) Cyber security.
At present there is no
agreement regarding
these proposals
5
Review of ITRs
Timeline process
C99, C00, C01
C03, C04, C05
C07, C08, C09, C10
C11
Res 1312, Res 1317
PP98
Res 79
PP02
Res 121
PP06
Res 146
WTPF-09
Op.6
WCIT12
PP10
Res
171
CWG-WCITRes 1312,
12 Res 1317
PP Res 171
 C09 adopted Resolution 1312 , creating the Council Working Group to Prepare for
the WCIT 12 (CWG-WCIT12) initiating the preparatory process towards WCIT-12. Its
task was to draw up a consolidated report on all ITR issues, to be used to support the
work of WCIT-12.
 Following a report of the CWG-WCIT12, C10 adopted Resolution 1317 to fix the dates
and agenda for the WCIT.
 The working group also reported to the PP10, which adopted
Resolution 171 (Guadalajara ) to guide the future work of the group.
Expert
Group
CWG-ITRs
Expert
Group
Review of ITRs
Preparatory process – Working Plan
• Work Plan agreed by CWG-WCIT12
27-30 Sep’11
(recently
concluded)
Discussion of
proposals
compilation of
proposals,
including new
proposals.
Review 1st draft
of report to
WCIT-12
27-29 Feb’12
23-25 Apr’12
20-22 Jun’12
1st draft of
new ITRs
2nd draft of
new ITRs
Final draft of
the future
ITRs
Progress the
report to
WCIT-12
Progress the
report to
WCIT-12
Finalize report
to WCIT-12
03-14
Dec’12
WCIT-127
WTO Agreements and Regional Trade Blocks

International trade blocks to define an international telecommunications framework by
promoting investments and a competitive market.
GLOBAL
BLOCKS
•
ITU

WTO
REGIONAL BLOCKS

NAFTA

MERCOSUR

ECOWAS

ASEAN

EC

CAEU/GAFTA
WTO Agreements
 WTO
• In 1994 World Trade Organization (WTO) Members decided to
open special negotiations for trade in basic
telecommunications services, such as voice telephony, data
transmission and satellite services.
• 70 countries agreed in February 1997 to open their markets
for basic telecommunications services in a multilateral
agreement.
• The agreement (“Reference Paper”) analyses several issues
like services that can be open for international competition,
the categories of business models that would be allowed and
whether or not to extend the offer to other countries through
most-favored-nation clauses
• In 2011, the WTO initiated discussions regarding the matter of
international mobile roaming. The European Union and the
United States of America have submitted for consideration to
the WTO Council for Trade in Services a set of trade-related
principles designed to support the expansion of information
and communication technology (ICT) networks and services,
and enhance the development of electronic commerce

Transparency

Open Networks, Network Access
and Use

Cross-Border

Local Infrastructure

Foreign Ownership

Use of Spectrum

Regulatory Authorities

Authorizations and Licenses

Interconnection

International Cooperation
Regional Trade Blocks

REGIONAL TRADE BLOCKS

NAFTA (NORTH AMERICAN FREE TRADE
AGREEMENT)
• It eliminates many requirements regarding
telecommunications in order to develop
telecommunication networks and promote new
entrants from other countries, as well as to make the
international telecommunications market within the
NATFA area more competitive and with lower prices.
• Chapter 13 of NAFTA defines rules for 1) access to
telecommunications networks, 2) the provision of
enhanced or value-added services (VAS), and 3) the
adoption of telecommunications standards


UNASUR
(UNION
SURAMERICANAS)
DE
NACIONES
• Low internet broadband penetration: only 7 lines per 100
inhabitants,
• The main goal is to reduce the broadband service prices by
eliminating unnecessary network costs by increasing
connections with other parts of the world:
1) Maximize public-private partnerships
2) Adopt tax incentives to promote demand and investments
from national and foreign companies.
3) Support the creation of regional/ local services and
contents;
4) Modify their regulations to increase private investment
ASEAN (ASSOCIATION OF SOUTHEST ASIAN NATIONS)
• It is building a network of ICT skills competency centers/agencies to promote collaboration amongst these centers
and agencies. It has developed a Digital Divide Database
• Broadband initiatives:
1) Establishing an ASEAN broadband infrastructure connecting to high speed national
infrastructures
2) Ensuring efficient spectrum management
3) Encourage active usage e-services
Regional Trade Blocks

ECOWAS (ECONOMIC COMMUNITY
OF WEST AFRICAN STATES)
•15 West African states in order to promote trade
co-operation and self-reliance in west Africa.
• The main goal is to create a common external
tariff with the elimination of all tariff and nontariff barriers between member states:
1) Establishment of Regional Telecommunications
infrastructures
2) Enhancement of Community citizen’s access to
Telecommunication services.
3) Establishment in Member States, of an
independent regulatory body and a regulatory
framework to attract private sector investments.
4) Establishment of a Community
Telecommunications tariff structure.
Supplementary act A/SA.2/01/07 on access and
interconnection in respect of ICT sector networks
and services, which defines the regulatory
framework for access and interconnection: non
discriminatory principle, the harmonization of cost
calculation methods, main guideline for access to
infrastructures,…

CAEU (COUNCIL OF ARAB ECONOMIC
UNITY ) /GAFTA
The Arab Common Market (ACM) was founded in
Creation of CAEU whose plan is based on 3 stages:
1) Establish an Arab Free Trade Area running from
2010 to 2013.
2 Establish a link between financial and labor markets
from 2014 to 2016.
3) Establish an Arab customs federation running from
2017 to 2019.
The Greater Arab Free Trade Area (GAFTA), is a
pan-Arab Free trade area founded by 14 countries .
All GAFTA members have shared their standards and
specifications to help their products move smoothly
from one country to another and have promoted
infrastructure investments (private sector) in the
telecommunications sector.
Regional Trade Blocks

EU
• The rules which govern the electronic communications sector in the EU, in force since 2002, were revised in November 2009 and
were to be transposed into national legislation in the 27 Member States by 25 May 2011.
EU regulatory framework package
Key provisions of the 2009 EU e-framework
• Directive (2002/21/EC) on a common regulatory
framework as amended by Directive 2009/140/EC
• A right of European consumers to change fixed or mobile
operator while keeping their old phone number.
• Directive (2002/19/EC) on access and
interconnection as amended by Directive
2009/140/EC
• New guarantees for an open and more "neutral" net and
better access to emergency services,
• Directive (2002/20/EC) on the authorization of
electronic communications networks and services as
amended by Directive 2009/140/EC
• Directive (2002/22/EC) on universal service and
users' rights relating to electronic communications
networks and services as amended by Directive
2009/136/EC
• Directive (2002/58/EC) on privacy and electronic
communications as amended by Directive
2009/136/EC
• Regulation (EC) No 1211/2009 of the European
Parliament and of the Council of 25 November 2009
establishing the Body of European Regulators for
Electronic Communications (BEREC) and the Office
• National telecoms regulators will gain greater independence
and functional separation as a means to overcome
competition problems.
• A new European Telecommunications Authority:
"BEREC" (Body of European Regulators for Electronic
Communications).
• New EU telecoms rules will give the Commission the power
to oversee regulatory remedies proposed by national
regulators.
• Accelerating broadband access for all Europeans,
this reform will help in overcoming the "digital divide“
• Encouraging competition and investment
in next generation access networks (NGA)
The ITU Constitution
• The ITU Constitution contains several provisions that can be considered as constituting an
international framework relevant to telecommunications. In particular:
• Nos. 180, 181 provide that Member States reserve the right to cut off, in accordance with
their national law, any private telecommunications which may appear dangerous to the
security of the State or contrary to its laws, to public order or to decency.
• No. 182 provides that each Member State reserves the right to suspend the international
telecommunication service, either generally or only for certain relations and/or for certain
kinds of correspondence, outgoing, incoming or in transit, provided that it immediately
notifies such action to each of the other Member States through the Secretary-General.
• No. 183 provides that Member States accept no responsibility towards users of the
international telecommunication services, particularly as regards claims for damages.
• Nos. 184 and 185 provide that Member States agree to take all possible measures,
compatible with the system of telecommunication used, with a view to ensuring the secrecy
of international correspondence. Nevertheless, they reserve the right to communicate such
correspondence to the competent authorities in order to ensure the application of their
national laws or the execution of international conventions to which they are parties.
Summary
• Some take the view that it is necessary to include in the ITRs the future service provisions in a neutral
and competitive market and that Member States have a role in ensuring market competition. Others
take different views, arguing, in particular, that there is no need to address such issues in the ITRs.

WCIT-12 presents key opportunities to increase good collaboration between
countries, helping countries to reach new levels of economic and social
development by means of efficient telecom services;
 Make ITRs relevant, and valuable to the full membership, so that
they address and alleviate the many concerns that are out there.