Slide 1 of 16. Slide 2 of 16 ITRs are a binding international TREATY on International...

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What are the ITR’s?What are the ITR’s?

ITR’s are a binding international TREATYon

“International Telecommunications Regulations” (similar to the Radio Regulations, the RRs)

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Why are the ITRs ?Why are the ITRs ?

They aim to regulate (set rights and obligations on Member States and Operating Agencies) regarding (mainly): 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).

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Where the ITRs are Where the ITRs are devised?devised?

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.

PP

WTDC

WTSA WRC

WCIT

RR

ITR

CV

CS

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How ITRs are How ITRs are implemented?implemented?

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).

They should be endorsed by the Parliament of the Signatory Member State.

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What is inside the ITRs?What is inside the ITRs?

The ITRs: www.itu.int/oth/T3F01000001 (6 Lang.)

10 Chapters and 3 Appendices (Currently!).

Next, we shall go into depth inside the ITRs.

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First African Preparatory First African Preparatory Meeting Meeting

Was held in Cairo 14-17 November 2011 with invitation from the African Telecommunication Union “ATU”, and hosted by NTRA.

Attended by 50 Participants and several observers.

Presentations from : ITU-T Councilor, ATU Consultant, Egypt, Arab Group Representative, RCC Representative.

Main discussions:

African Concept Paper on the ITRs revision.

Preliminary Common African Proposal for the revision of some important Articles of the ITRs.

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Main three sections :

1. Current Telecom Environment.

2. Reference principles on which Africa

will base its revision of the ITRS.

3. Criteria for considering proposals from

other regions.

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1. Current Telecom 1. Current Telecom EnvironmentEnvironment

• 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)

• Multinational operators and traffic aggregators (with the increasing use of

alternate calling procedures, traffic hubbing and refiling).

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2. 2. key principles for revising key principles for revising the ITRsthe ITRs

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 ....”

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2. 2. (cont)(cont) – – key principles (HARM)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.

Security Related Articles.

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2. 2. (cont)(cont) – – key principles (OA/RoA key principles (OA/RoA Obligations)Obligations)

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).

Rights of telecoms operators to exercise reasonable competitive commercial choices, provided that there is no technical harm or financial misappropriation/harm to third countries.

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2. 2. (cont)(cont) – – key principles (DCs key principles (DCs rights)rights)

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).

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2. 2. (cont)(cont) – – key principles (Origin key principles (Origin and Routes)and Routes)

Ensure the receiving operators’ right to be able to identify the true origin of the communication they receive.

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.

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3. Criteria to Consider other 3. Criteria to Consider other ProposalsProposals

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.

Africa shall consider in the net meeting how to

a void “tie deadlocks” in the WCIT itself.

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3. 3. (cont)(cont) – Criteria (Transfer of – Criteria (Transfer of Commitments)Commitments)

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.

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3. 3. (cont)(cont) – Criteria (ITU – Criteria (ITU Recommendations)Recommendations)

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.

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3. (cont) – Criteria (Observance of 3. (cont) – Criteria (Observance of Other Treaties)Other Treaties)

ITRs should be a stand-alone treaty and not be subject to or dependant on any other treaties (except CS/CV).

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The meeting overviewed the previous

proposals by Africa or African countries.

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

(compilation of proposals, SEP 2011).

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Follow-up of the African Proposals for Follow-up of the African Proposals for ITRs RevisionITRs Revision

African proposals discussed and included in the

Compilation of Proposals Doc (TD52R2).

Several additional contributions from individual African

countries were submitted to the CWG-WCIT (Egypt,

Rwanda and Côte d’Ivoire), for review also in Durban.

e-mail correspondence group was established by ATU

to exchange views, and used to circulate proposals

before submission.

WTSA-WCIT12-prep@atu-uat.org

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Follow-up of the African Proposals for Follow-up of the African Proposals for ITRs RevisionITRs Revision

Several African countries participated in CWG-WCIT

African Coordination meetings are held during CWG-

WCIT meetings.

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 Summary of the Preliminary African ProposalProposal

for the ITRs revision for the ITRs revision

Issues of C60R1 :

§ 6.1.1: collection charges avoids dissymmetry and be transparent.

§ 6.2: Accounting, Transit and Termination Rates are by mutual agreement between OAs, and shall be Cost Based .

New § 6.12: Rates (transit, termination and roaming) are cost based.

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Summary of the Preliminary African Summary of the Preliminary African PositionPosition

on the ITRs revision on the ITRs revision

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 Summary of the Preliminary African PositionPosition

on the ITRs revision 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 New § X1 : MS cooperate in technical matters in

security.o New § X2 : MS Cooperate to harmonize policies,

investigation and prosecution of cybercrime.

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Main Issues of concern in Main Issues of concern in the ITRthe ITRss

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.

§ 1.9 : “NO” observance of other MSs treaties !!

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Main Issues of concern in Main Issues of concern in the ITRthe ITRss

§ 2 : Definitions: need not be detailed or very granular.

§ 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).

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Main Issues of concern in Main Issues of concern in the ITRsthe ITRs § 3.c : Allocation of Numbering, Naming

and Addressing.

§ 3.d : Misuse of Numbering.

§ 4.3 : Quality of Service.

§ 4.a :Transparency of Roaming charges.

§ 4.b : Avoidance of double Taxation.

§ New : Security and Confidence in ICT:

§ 9 : Special Arrangements: Shall avoid Harm, and preserve security.

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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.

ConclusionConclusion

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