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   Background
   Why the ITRs are important
   The need to revise the ITRs
   Preparatory process
   Some key proposals
   Myths and misinformation
   Expectations for WCIT-12
   Useful links
Background: origin of the ITRs
Why the ITRs are important
  The International Telecommunication Regulations (ITRs):
   Establish general principles on the provision and operation
      of international telecoms
     Facilitate global interconnection and interoperability
     Underpin harmonious development and efficient
      operation of technical facilities
     Promote efficiency, usefulness, and availability of
      international telecommunication services
     Treaty-level provisions are required for international
      networks and services

  The ITRs underpin how we communicate with
  each other by phone or computer, with voice,
  video or data, and across the globe.
What is in the ITRs?
  • Article 1: Purpose
  • Article 2: Definitions
  • Article 3: Right to communicate at good technical quality;
    countries to coordinate their infrastructure
  • Article 4: International telecom services to be made available to
    the public
  • Article 5: Priority to be given to emergency communications
  • Article 6: Charges for services, and accounting rates between
    carriers
  • Article 7: Suspension of services when “dangerous for national
    security, or contrary to national laws, public order or decency.”
  • Article 8: ITU to gather and circulate information on suspended
    services
  • Article 9: Special arrangements not affecting all countries
  • Article 10: Entry into force; reservations
The ITRs coordinate, countries implement


    • Only governments can
      implement the ITRs, through
      national legislation or regulation

    • There have been NO proposals
      for a global body to impose
      implementation of the ITRs
The ITRs need to be revised

             The current version of the ITRs has
             remained unchanged since 1988.

                  ITRs
1988            (came into     2012
              force in 1990)



             In 1988, there were very few
             countries with a liberalized market.
             Most operators were a monopoly
             regime, under government or
             state control
The ITRs need to be revised




                                             Shift from fixed to mobile,
                                             from voice to data as the
                                             drivers of traffic and main
                                             sources of revenue
   The international        Increased use of       As technology evolves,
     telecom                   IP-enabled               governments are
     environment has           infrastructure and       evaluating their policy
     changed greatly in        applications mean        and regulatory
     technology and            opportunities and        approaches to ensure
     policy. It continues      challenges               an enabling
     to evolve rapidly         for the ICT sector       environment
The preparatory process for WCIT-12

      Council Working Group to Prepare for the WCIT 12
        (CWG-WCIT12) held three meetings in 2010, two in
        2011, and three in 2012 (in February, April and June)

      Regional preparatory meetings were held in the
        Asia-Pacific, Africa, Arab region, RCC (CIS Countries),
        Europe, and Americas – all open also to Sector Members


      124 input documents have been submitted by the ITU
        membership; over 450 proposals under consideration
The preparatory process for WCIT-12

  Wide consultations on the issues with:
  •   ITU Member States (193)
  •   Private-sector members of ITU (567)
  •   Associates and academic members of ITU (217)
  •   Civil society – through such venues as the WSIS Forum

  On the ITU website:
  • WCIT Background Briefs and FAQs (www.itu.int/en/wcit-12/
     Pages/WCIT-backgroundbriefs.aspx)
  • Site for anyone to post opinion or material on WCIT-12
      (www.itu.int/en/wcit-12/Pages/public.aspx)
Proposals made during preparatory process

                 Human right to
                 communication                Security in the use of ICTs
including fair & equitable accessuse          including privacy and preventing spam
              of networks & services          Protection of critical
                                              national resources
                                              Including communication networks



              International            Charging and accounting
               frameworks              - including taxation
                                       (Market-based costing, Llberalization of
                                       international gateways, Transparency obligations on ROAs)


            Interconnection and
                 interoperability              Quality of Service



           Convergence                 Enforcement measures
                                       (including possible binding effect of
                                       certain ITU Recommendations)
Key Issues

      What core principles should
       guide discussions?

      Do some provisions belong elsewhere?
       (e.g. ITU Constitution/Convention, ITU-T
       Recommendations)

      What provisions should be added to
       cover new issues?
Some key proposals
       Mobile roaming
       Misuse and fraud
       Taxation
       Transparency of routing
       New general principles on economic issues
       Allowing differentiated traffic management
       Cooperation on cybersecurity
       Cooperation to combat spam
       Energy efficiency
       Accessibility
     All to be implemented by national authorities
Proposals: Mobile Roaming


      Helping to prevent “bill shock”

      Transparency of prices for users
      Price levels could be capped

      Draft ITU-T Recommendation D.98
      OECD Recommendations
Proposals: Misuse and Fraud

 Preventing misuse/hijacking of numbering resources
     According to GSMA, such misuse is a major
      factor in fraud against mobile networks and
      their customers
     It is used for fraudulent and artificial
      inflation of traffic

 Combating fraud
    Identifying the origin of communications and
     sending this information to the receiver
Proposals: Taxation

     Clarify existing provision to prevent
      international double taxation (carriers being
      taxed twice for the same asset or service
      because it operates in two jurisdictions)

     Prevent or discourage taxation of incoming
       international calls
    (A delicate issue because there is a trade-off
    between raising revenue and encouraging the use
    of telecommunications)
Proposals: new general principles

       Price transparency
       Cost orientation, presumably cost
        intended to include:
         • Return on investment
           (including dividends to
           stock owners)
         • Taxes
         • Creation of reserves for
           future investments
         • Risk premiums
         • Etc.
Proposals: new general principles
  • Foster investment in high-bandwidth infrastructure
     Adequate return on investment in infrastructure
     Compensation for traffic carried
     Compensation for traffic terminated
  • No proposals to create new international regulatory
    agencies or mechanisms
  • Proposals that national authorities should
    implement the ITRs
       First, ratification of new ITRs in accordance with
       national procedures, then, transposition into
       national laws and regulations
  • Possibly, new or revised ITU-T Recommendations
1/13


Myth: The mandate of ITU is restricted to telephony


    FACTS:
        • Many ITU standards (including ones under development)
             relate to data networks
        •    The first standardized data network was ITU’s
             X.25, developed in 1976, widely used until the 1990s and
             still used for specialized networks
        •    X.25 is a packet-switched, connection-oriented architecture
        •    End-user data network access devices (modems, xDSL) have
             long been based on ITU standards
        •    The ITU development sector activities cover all aspects of
             telecommunications, including in particular data networks
        •    The ITU radio sector activities cover all aspects of radio
             communications, including satellites
2/13


Myth: ITU’s scope does not include the Internet


    FACT:

    The ITU Constitution defines telecommunications as:

    “Any transmission, emission or reception of
    signs, signals, writing, images and sounds or
    intelligence of any nature by wire, radio, optical
    or other electromagnetic systems.”
    Many consider that this includes communications via the
    Internet, which runs on telecom infrastructure
3/13

 Myth: WCIT is about ITU or the UN extending
  their mandate so as to control the Internet

FACTS:
   • Numerous ITU Resolutions, (e.g. 101, 102, and 133) specify
         ITU’s mandate with respect to the Internet
   •     Numerous ITU-T Recommendations relate to the
         Internet, including on combating spam
   •     WCIT’s main preparatory document includes NO
         proposals related to ITU control of Internet domain names or
         IP addresses
   •     Some older proposals referred to IP addresses
   •     Some current proposals relate to routing (including of IP
         traffic) and to billing (including of IP traffic)
4/13


Myth: WCIT may extend the scope of ITU to include
   charging and accounting for Internet traffic

     FACTS:
        • All Internet traffic moves under Art. 9
          of the ITRs
        • An existing ITU-T Recommendation, and its
          Supplement, concern charging and accounting
          for the Internet
        • Some proposals could affect the way costs are
          shared between users and suppliers
5/13

     Myth: WCIT is about imposing censorship

FACTS:
   • The ITU Constitution (Art. 34) gives Member States the right
     to cut off, in accordance with national laws, any private
     telecommunications which may appear dangerous to the
     security of the State or contrary to its laws, to public order
     or to decency
   • The ITRs cannot override or conflict with the Constitution
   • There is a proposal to ensure that interception and
     monitoring of international telecommunications be subject
     to due process authorized in accordance with national laws
   • Provisions on transparency of routing and call identification
     might facilitate some types of oversight by governments
6/13

Myth: Proposals related to security could hinder
         the free flow of information
 FACTS:
    • There are proposals to:
        - encourage cooperation to combat spam
        - improve network security and the protection of privacy
    • In Article 33 of ITU’s Constitution, Member States recognize
      the right of the public to correspond through international
      telecommunications
    • Most countries already have measures to e.g. protect
      copyright owners, prevent defamation, etc. Such measures
      are permitted by Article 34 of the ITU’s Constitution
    • The ITRs cannot contradict the Constitution
7/13

Myth: Consumer interests could be harmed by WCIT


  FACTS:
     There are proposals to:
     • limit roaming prices - based on costs, prices in the visited
         country, or prices in the home country
     • ensure transparency of prices, wholesale and retail, in
         general and for roaming
     • encourage cost-based pricing
     • ensure transmission of calling party identifiers
     • combat fraud, especially from misuse of telephone numbers
     • improve access for people with disabilities
8/13

Myth: Proposals to give binding force to certain
 ITU-T Recommendations are unprecedented


FACTS:
   • Many Recommendations (standards) were widely considered
     to be binding prior to 1988
   • In other fields, it is common for laws or regulations to give
     binding force to standards developed by private
     organizations: electricity, plumbing, accounting, etc.
   • Recommendations can only be made mandatory if a national
     authority makes them so
9/13

         Myth: WCIT is a top-down process

FACTS:
   • The ITU Secretariat serves the wishes of the membership. All
     discussions are based on proposals from ITU Member States
   • There have been wide consultations, including beyond the
     ITU membership
   • 124 input documents were submitted to the WCIT
     preparatory process. After discussion, over 450 individual
     proposals were retained for Member States to use when
     preparing their proposals
   • Countries can compose their delegations at WCIT-12 as they
     wish. They usually include ITU Sector Members, and may
     include any other organization, whether an ITU member or not
10/13


Myth: The WCIT process is not open or transparent

FACTS:
   • All ITU members have full access to all WCIT documents and
     audiocasts of discussions
   • Member States are expected and encouraged to consult
     their citizens and give them access to WCIT documents,
     preferably in the national language
   • ITU offers information on its website, and a space for any
     stakeholder to add comments
   • The conference plenary sessions and some committee
     meetings will be open to the public (to be formally decided
     on the opening day)
11/13

Myth: WCIT could be dominated by authoritarian countries

     FACTS:
        • All of the ITU’s 193 Member States have equal rights:
          the principle is one nation, one vote
        • No proposal will be accepted unless it has wide support
        • Decisions can be made by majority vote, but this is very
          unusual: decisions are usually made by consensus
        • Each country is free to refuse to sign or to ratify the
          finally agreed text from WCIT-12
12/13

    Myth: WCIT could result in decisions that are
           bad for developing countries

FACTS:
   • Many ITU Member States are developing countries, and their
     representatives are well informed and well prepared to
     represent the interests of their citizens
   • One of ITU’s top priorities is to spread connectivity to every
     community – especially broadband. WCIT-12 is an opportunity
     to establish a framework to support this into the future
13/13


  Myth: There has been a spontaneous wave
           of protest against WCIT

FACTS:
   • Organized lobbying groups have been active
   • Many articles concerning WCIT repeat the same
     misinformation, at times in the same words
   • Documents have been leaked selectively
   • Documents are described as concerning WCIT, when in fact
     they have no formal relation to WCIT
   • There are many articles and other comments giving a
     balanced and positive view
Expectations for WCIT-12

    WCIT-12 is a key opportunity to increase positive
     collaboration among countries
    It can help countries reach new levels of
     economic and social development through
     better ICT services
    The aim is to make the ITRs relevant and
     valuable to all stakeholders, so that they address
     and alleviate many current concerns
    It is an opportunity – not to be missed - to create
     a pathway to a sustainable and inclusive global
     communication system of the future
Useful links


 WCIT-12 website:
 http://www.itu.int/en/wcit-12/Pages/default.aspx

 WCIT Background Briefs and FAQs:
 http://www.itu.int/en/wcit-12/Pages/WCIT-backgroundbriefs.aspx

 ITU Council working group CWG-WCIT12:
 http://www.itu.int/council/groups/cwg-wcit12/index.html

 Draft of the future ITRs, and site for public comments:
 http://www.itu.int/en/wcit-12/Pages/public.aspx
WCIT12 myth busting presentation

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WCIT12 myth busting presentation

  • 1.
  • 2.
  • 3.
  • 4.
  • 5. Background  Why the ITRs are important  The need to revise the ITRs  Preparatory process  Some key proposals  Myths and misinformation  Expectations for WCIT-12  Useful links
  • 7. Why the ITRs are important The International Telecommunication Regulations (ITRs):  Establish general principles on the provision and operation of international telecoms  Facilitate global interconnection and interoperability  Underpin harmonious development and efficient operation of technical facilities  Promote efficiency, usefulness, and availability of international telecommunication services  Treaty-level provisions are required for international networks and services The ITRs underpin how we communicate with each other by phone or computer, with voice, video or data, and across the globe.
  • 8. What is in the ITRs? • Article 1: Purpose • Article 2: Definitions • Article 3: Right to communicate at good technical quality; countries to coordinate their infrastructure • Article 4: International telecom services to be made available to the public • Article 5: Priority to be given to emergency communications • Article 6: Charges for services, and accounting rates between carriers • Article 7: Suspension of services when “dangerous for national security, or contrary to national laws, public order or decency.” • Article 8: ITU to gather and circulate information on suspended services • Article 9: Special arrangements not affecting all countries • Article 10: Entry into force; reservations
  • 9. The ITRs coordinate, countries implement • Only governments can implement the ITRs, through national legislation or regulation • There have been NO proposals for a global body to impose implementation of the ITRs
  • 10. The ITRs need to be revised The current version of the ITRs has remained unchanged since 1988. ITRs 1988 (came into 2012 force in 1990) In 1988, there were very few countries with a liberalized market. Most operators were a monopoly regime, under government or state control
  • 11. The ITRs need to be revised Shift from fixed to mobile, from voice to data as the drivers of traffic and main sources of revenue  The international  Increased use of  As technology evolves, telecom IP-enabled governments are environment has infrastructure and evaluating their policy changed greatly in applications mean and regulatory technology and opportunities and approaches to ensure policy. It continues challenges an enabling to evolve rapidly for the ICT sector environment
  • 12. The preparatory process for WCIT-12  Council Working Group to Prepare for the WCIT 12 (CWG-WCIT12) held three meetings in 2010, two in 2011, and three in 2012 (in February, April and June)  Regional preparatory meetings were held in the Asia-Pacific, Africa, Arab region, RCC (CIS Countries), Europe, and Americas – all open also to Sector Members  124 input documents have been submitted by the ITU membership; over 450 proposals under consideration
  • 13. The preparatory process for WCIT-12 Wide consultations on the issues with: • ITU Member States (193) • Private-sector members of ITU (567) • Associates and academic members of ITU (217) • Civil society – through such venues as the WSIS Forum On the ITU website: • WCIT Background Briefs and FAQs (www.itu.int/en/wcit-12/ Pages/WCIT-backgroundbriefs.aspx) • Site for anyone to post opinion or material on WCIT-12 (www.itu.int/en/wcit-12/Pages/public.aspx)
  • 14. Proposals made during preparatory process Human right to communication Security in the use of ICTs including fair & equitable accessuse including privacy and preventing spam of networks & services Protection of critical national resources Including communication networks International Charging and accounting frameworks - including taxation (Market-based costing, Llberalization of international gateways, Transparency obligations on ROAs) Interconnection and interoperability Quality of Service Convergence Enforcement measures (including possible binding effect of certain ITU Recommendations)
  • 15. Key Issues  What core principles should guide discussions?  Do some provisions belong elsewhere? (e.g. ITU Constitution/Convention, ITU-T Recommendations)  What provisions should be added to cover new issues?
  • 16. Some key proposals  Mobile roaming  Misuse and fraud  Taxation  Transparency of routing  New general principles on economic issues  Allowing differentiated traffic management  Cooperation on cybersecurity  Cooperation to combat spam  Energy efficiency  Accessibility All to be implemented by national authorities
  • 17. Proposals: Mobile Roaming  Helping to prevent “bill shock”  Transparency of prices for users  Price levels could be capped  Draft ITU-T Recommendation D.98  OECD Recommendations
  • 18. Proposals: Misuse and Fraud Preventing misuse/hijacking of numbering resources  According to GSMA, such misuse is a major factor in fraud against mobile networks and their customers  It is used for fraudulent and artificial inflation of traffic Combating fraud  Identifying the origin of communications and sending this information to the receiver
  • 19. Proposals: Taxation  Clarify existing provision to prevent international double taxation (carriers being taxed twice for the same asset or service because it operates in two jurisdictions)  Prevent or discourage taxation of incoming international calls (A delicate issue because there is a trade-off between raising revenue and encouraging the use of telecommunications)
  • 20. Proposals: new general principles  Price transparency  Cost orientation, presumably cost intended to include: • Return on investment (including dividends to stock owners) • Taxes • Creation of reserves for future investments • Risk premiums • Etc.
  • 21. Proposals: new general principles • Foster investment in high-bandwidth infrastructure Adequate return on investment in infrastructure Compensation for traffic carried Compensation for traffic terminated • No proposals to create new international regulatory agencies or mechanisms • Proposals that national authorities should implement the ITRs First, ratification of new ITRs in accordance with national procedures, then, transposition into national laws and regulations • Possibly, new or revised ITU-T Recommendations
  • 22.
  • 23. 1/13 Myth: The mandate of ITU is restricted to telephony FACTS: • Many ITU standards (including ones under development) relate to data networks • The first standardized data network was ITU’s X.25, developed in 1976, widely used until the 1990s and still used for specialized networks • X.25 is a packet-switched, connection-oriented architecture • End-user data network access devices (modems, xDSL) have long been based on ITU standards • The ITU development sector activities cover all aspects of telecommunications, including in particular data networks • The ITU radio sector activities cover all aspects of radio communications, including satellites
  • 24. 2/13 Myth: ITU’s scope does not include the Internet FACT: The ITU Constitution defines telecommunications as: “Any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems.” Many consider that this includes communications via the Internet, which runs on telecom infrastructure
  • 25. 3/13 Myth: WCIT is about ITU or the UN extending their mandate so as to control the Internet FACTS: • Numerous ITU Resolutions, (e.g. 101, 102, and 133) specify ITU’s mandate with respect to the Internet • Numerous ITU-T Recommendations relate to the Internet, including on combating spam • WCIT’s main preparatory document includes NO proposals related to ITU control of Internet domain names or IP addresses • Some older proposals referred to IP addresses • Some current proposals relate to routing (including of IP traffic) and to billing (including of IP traffic)
  • 26. 4/13 Myth: WCIT may extend the scope of ITU to include charging and accounting for Internet traffic FACTS: • All Internet traffic moves under Art. 9 of the ITRs • An existing ITU-T Recommendation, and its Supplement, concern charging and accounting for the Internet • Some proposals could affect the way costs are shared between users and suppliers
  • 27. 5/13 Myth: WCIT is about imposing censorship FACTS: • The ITU Constitution (Art. 34) gives Member States the right to cut off, in accordance with national laws, any private telecommunications which may appear dangerous to the security of the State or contrary to its laws, to public order or to decency • The ITRs cannot override or conflict with the Constitution • There is a proposal to ensure that interception and monitoring of international telecommunications be subject to due process authorized in accordance with national laws • Provisions on transparency of routing and call identification might facilitate some types of oversight by governments
  • 28. 6/13 Myth: Proposals related to security could hinder the free flow of information FACTS: • There are proposals to: - encourage cooperation to combat spam - improve network security and the protection of privacy • In Article 33 of ITU’s Constitution, Member States recognize the right of the public to correspond through international telecommunications • Most countries already have measures to e.g. protect copyright owners, prevent defamation, etc. Such measures are permitted by Article 34 of the ITU’s Constitution • The ITRs cannot contradict the Constitution
  • 29. 7/13 Myth: Consumer interests could be harmed by WCIT FACTS: There are proposals to: • limit roaming prices - based on costs, prices in the visited country, or prices in the home country • ensure transparency of prices, wholesale and retail, in general and for roaming • encourage cost-based pricing • ensure transmission of calling party identifiers • combat fraud, especially from misuse of telephone numbers • improve access for people with disabilities
  • 30. 8/13 Myth: Proposals to give binding force to certain ITU-T Recommendations are unprecedented FACTS: • Many Recommendations (standards) were widely considered to be binding prior to 1988 • In other fields, it is common for laws or regulations to give binding force to standards developed by private organizations: electricity, plumbing, accounting, etc. • Recommendations can only be made mandatory if a national authority makes them so
  • 31. 9/13 Myth: WCIT is a top-down process FACTS: • The ITU Secretariat serves the wishes of the membership. All discussions are based on proposals from ITU Member States • There have been wide consultations, including beyond the ITU membership • 124 input documents were submitted to the WCIT preparatory process. After discussion, over 450 individual proposals were retained for Member States to use when preparing their proposals • Countries can compose their delegations at WCIT-12 as they wish. They usually include ITU Sector Members, and may include any other organization, whether an ITU member or not
  • 32. 10/13 Myth: The WCIT process is not open or transparent FACTS: • All ITU members have full access to all WCIT documents and audiocasts of discussions • Member States are expected and encouraged to consult their citizens and give them access to WCIT documents, preferably in the national language • ITU offers information on its website, and a space for any stakeholder to add comments • The conference plenary sessions and some committee meetings will be open to the public (to be formally decided on the opening day)
  • 33. 11/13 Myth: WCIT could be dominated by authoritarian countries FACTS: • All of the ITU’s 193 Member States have equal rights: the principle is one nation, one vote • No proposal will be accepted unless it has wide support • Decisions can be made by majority vote, but this is very unusual: decisions are usually made by consensus • Each country is free to refuse to sign or to ratify the finally agreed text from WCIT-12
  • 34. 12/13 Myth: WCIT could result in decisions that are bad for developing countries FACTS: • Many ITU Member States are developing countries, and their representatives are well informed and well prepared to represent the interests of their citizens • One of ITU’s top priorities is to spread connectivity to every community – especially broadband. WCIT-12 is an opportunity to establish a framework to support this into the future
  • 35. 13/13 Myth: There has been a spontaneous wave of protest against WCIT FACTS: • Organized lobbying groups have been active • Many articles concerning WCIT repeat the same misinformation, at times in the same words • Documents have been leaked selectively • Documents are described as concerning WCIT, when in fact they have no formal relation to WCIT • There are many articles and other comments giving a balanced and positive view
  • 36. Expectations for WCIT-12  WCIT-12 is a key opportunity to increase positive collaboration among countries  It can help countries reach new levels of economic and social development through better ICT services  The aim is to make the ITRs relevant and valuable to all stakeholders, so that they address and alleviate many current concerns  It is an opportunity – not to be missed - to create a pathway to a sustainable and inclusive global communication system of the future
  • 37. Useful links WCIT-12 website: http://www.itu.int/en/wcit-12/Pages/default.aspx WCIT Background Briefs and FAQs: http://www.itu.int/en/wcit-12/Pages/WCIT-backgroundbriefs.aspx ITU Council working group CWG-WCIT12: http://www.itu.int/council/groups/cwg-wcit12/index.html Draft of the future ITRs, and site for public comments: http://www.itu.int/en/wcit-12/Pages/public.aspx