GATS & Telecom Transparency

Key Ingredients for Reform }Clearly set out policies in laws, regulations, licenses, contracts }Make all processes open to participation & review by all interested parties }Ensure the award of licenses/contracts adheres strictly to criteria clearly announced at outset }Limit discretionary intervention by government }Restructure prices - based on costs }Guarantee reasonable interconnection to dominant operator(s) Björn Wellenius, “Telecommunications Reform- How to Succeed” Viewpoint Note No. 130, Oct. 1997, The World Bank

What is it? publish promptly... at the latest by the time of their entry into force, all relevant measures of general application which pertain to or affect the operation of this Agreement GATS Art. III:1 Core obligation

"measure" means any measure by a Member,... a law, regulation, rule, procedure, decision, administrative action, or any other form GATS Art. XXVIII(a) “measures”?

means measures taken by central, regional or local governments and authorities; and non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities; “by a Member”? GATS Art. 1:3(a)

does not cover... e.g. decisions, actions or communications relating to individual service suppliers “of general application”?

Other transparency provisions covering government measures of general application include...

To ensure that... qualification requirements & procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade... Develop necessary disciplines that... ensure that such requirements are... based on objective and transparent criteria... GATS Art. VI:4 More...

Where a licence or other authorization is required, make publicly available - all the licensing criteria -the period of time normally required to reach a decision on an application Reference Paper, para. 4 More...

Universal service Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner... Reference Paper, para. 3 More...

Scarce resources Procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non- discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required. Reference Paper, para. 6 More...

 Some provisions do require making government measures relating to an individual service supplier available to the supplier or to the public...  Other provisions require governments to ensure that certain information of or about an individual service supplier is made publicly available... However...

Beyond measures of “general application” Provisions that require making available government measures relating to an individual service supplier include...

Where licensing or authorization is required... within a reasonable period of time... inform the applicant of the decision on the application...upon request of the applicant, provide, without undue delay, information concerning the status of the application GATS Art. VI:3 Informing suppliers...

Where a licence is required, make publicly available : –the terms and conditions of individual licences Provide the applicant, upon request, the reasons for denial of a licence Reference Paper, para 4 Informing suppliers...

Beyond “government” measures Provisions that require governments to ensure that certain information of or about service suppliers is made publicly available include...

Ensure information on conditions affecting access to and use of public telecommunications transport networks and services (PTTNS) is publicly available, including... Telecom Annex, para 4 Telecom Annex...

... tariffs and other terms and conditions of service... specifications of technical interfaces with such networks & services... information on bodies responsible for preparation and adoption of standards affecting access and use... conditions applying to attachment of terminal or other equipment... notification, registration, licensing requirements Telecom Annex, para 4 Supplier or Government?

Ensure interconnection is provided in a timely fashion, on terms, conditions (including technical standards & specifications) & cost-oriented rates that are transparent, reasonable,... Reference Paper, para 2.2(b) about suppliers...

Ensure procedures applicable for interconnection to a major supplier will be made publicly available Reference Paper, para. 2.3 about suppliers...

Ensure that a major supplier makes publicly available either its interconnection agreements or a reference interconnection offer Reference Paper, para. 2.4 about suppliers...

Nothing in this Agreement shall require any Member to provide confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private GATS Art. IIIbis Except...

Related to –certain non-dominant companies or services? – companies or services not subject to public service obligations? E.g. Tariffs for negotiated or customized competitive business services? Examples?

Recap...what? Make publicly available... All measures of general application - laws, regulations, rules, procedures Interconnection terms, conditions (incl. technical standards and specifications) and rates, interconnection procedures Licensing criteria and procedures, time normally required to reach a decision, the terms and conditions of individual licences State of allocated frequency bands Conditions affecting access to and use of public telecommunications ―tariffs and other terms and conditions ―specifications of technical interfaces ―conditions on the attachment of terminal or other equipment ―notification, registration, licensing requirements ―information on bodies responsible for standards

Recap...what? Inform license applicants of the status of the application the decision the reasons for denial Transparently administer universal service obligations procedures for allocation and use of scarce resources

 Telecom laws, regulations, rules, etc  Tariffs or interconnection rates set by the government  Technical standards/specifications, info on standards setting bodies  Licenses, licensing procedures, criteria & requirements, period of time, reasons for denial, notification & registration requirements  Procedures for allocation & use of frequencies, numbers and rights of way, state of allocated frequency bands  Universal service obligations and mechanisms Who?...of the government?

 Official Gazette  Website  Press releases  Mailings or newsletters, including s or e-newsletters  Newspaper postings...translations? How?

Of all Public Telecom Transport Networks & Services  tariffs  specifications of technical interfaces  other technical specifications  conditions applying to attachment of terminal or other equipment Who?...of or about operators?

Of dominant Public Telecom Transport Networks & Services  procedures for interconnection  terms, conditions and rates of interconnection  interconnection agreements or a reference interconnection offer Who?...of or about operators?

 Require operators to publish the relevant information  Require operators to submit relevant information to the government... then the government makes it publicly available How?

Promptly ! When?