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Slide 1 of 16. Slide 2 of 16 ITRs are a binding international TREATY on International Telecommunications Regulations (similar to the Radio Regulations,

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Presentation on theme: "Slide 1 of 16. Slide 2 of 16 ITRs are a binding international TREATY on International Telecommunications Regulations (similar to the Radio Regulations,"— Presentation transcript:

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2 Slide 2 of 16 ITRs are a binding international TREATY on International Telecommunications Regulations (similar to the Radio Regulations, the RRs)

3 Slide 3 of 16 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).

4 Slide 4 of 16 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

5 Slide 5 of 16 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.

6 Slide 6 of 16 The ITRs: (6 Lang.)ITRs 10 Chapters and 3 Appendices (Currently!). Next, we shall go into depth inside the ITRs.

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8 Slide 8 of 16 First African Preparatory 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.

9 Slide 9 of 16 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.

10 Slide 10 of 16 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).

11 Slide 11 of 16 2. key principles for revising the 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....

12 Slide 12 of 16 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. Security Related Articles.

13 Slide 13 of 16 2. (cont) – key principles (OA/RoA 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.

14 Slide 14 of 16 2. (cont) – key principles (DCs 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).

15 Slide 15 of 16 2. (cont) – key principles (Origin 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.

16 Slide 16 of 16 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.

17 Slide 17 of 16 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.

18 Slide 18 of 16 ITRs kept at high level, however in certain instances the ITRs can deal with technical or regulatory issues related to intl 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.

19 Slide 19 of 16 ITRs should be a stand-alone treaty and not be subject to or dependant on any other treaties (except CS/CV).

20 Slide 20 of 16 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).

21 Slide 21 of 16 African proposals discussed and included in the Compilation of Proposals Doc (TD52R2).TD52R2 Several additional contributions from individual African countries were submitted to the CWG-WCIT (Egypt, Rwanda and Côte dIvoire), for review also in Durban. e-mail correspondence group was established by ATU to exchange views, and used to circulate proposals before submission.

22 Slide 22 of 16 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.

23 Slide 23 of 16 Issues of C60R1 :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.

24 Slide 24 of 16 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.

25 Slide 25 of 16 § 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.

26 Slide 26 of 16 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 !!

27 Slide 27 of 16 Main Issues of concern in the ITR s § 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).

28 Slide 28 of 16 § 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.

29 Slide 29 of 16 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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