Photos: WFP/ Mariko Hall; Telecoms Sans Frontieres REGIONAL ETC WORKSHOP, SAMOA, JULY 2016 REGULATION IN THE PACIFIC EMERGENCY TELECOMMUNICATIONS

Summary 1. Existing emergency telecoms regulatory frameworks 2. Incorporating Tampere Convention into policy 3. National Emergency Telecommunications Plans (NETP) 4. Harmonising frequencies for disaster

1. Existing regulation Samoa: Disaster and Emergency Management Act Provides for a National Disaster Council (NDC), Disaster Advisory Committee (DAC), a lead Ministry (MNRE), a Disaster Management Office, Emergency Ops Centres, and a National Emergency Disaster Management Plan DAC has a CEO and acts as liaison between DMO and NDC DMO has SPOC, operational and Plan drafting responsibility.

1. Existing regulation Samoa National Emergency Disaster Management Plan has objectives, all-of-country risk profile, risk reduction arrangements, operational arrangements, response and recovery arrangements, roles and responsibilities, procedures for int’l assistance, financial arrangements Plan is approved by NDC, amended from time to time by DMC The Plan expressly trumps other laws for duration of crisis.

1. Existing regulation Samoa During emergency, NDC Chair can waive entry requirements on foreign personnel Every gov’t agency is to have a plan to care for employees, provide services, determine priorities, find cooperating partners, identify external agencies for essential services, what additional powers are needed These plans go to DAC for review All schools have the same obligations for a plan

1. Existing regulation Samoa DAC can invite other institutions to make a plan (commercial and industrial interests, villages). DAC decides when plans need to be reviewed Declarations of disaster (but not emergency) can be made outside of the constitutional process and last for 48 hours Persons acting in good faith under the Act have immunity Broadcasters and telcos answerable to Police Commissioner and CEO of the disaster Ministry in an emergency or disaster.

1. Existing regulation Samoa OOTR created an NETP: “The purpose of the NETP is to improve the ability of emergency response providers and relevant government officials to communicate in the event of natural disasters and other man-made disasters” “Improving emergency communications with stakeholders is given priority. For that reason, we use the stakeholder driven approach to develop the NETP, one that includes input from representatives of government ministries, telecommunication providers, NGOs and broadcasters.”

1. Existing regulation Samoa Separate plans for tsunami, cyclone, other with emphasis on preparation, broad communication. Practice exercises Relevant links:

1. Existing regulation Kingdom of Tonga National Emergency Management Office handles operations. National Emergency Management Committee, with senior officials, makes policy BUT the Committee writes and reviews the Plan (Sec 28) Emergency Office run by a Manager, separate parallel structure for emergency management and response Immunities granted to “any person” acting in good faith.

1. Existing regulation Kingdom of Tonga is a Tampere Convention adopter. Relevant links: National Emergency Management Plan (based on provisions of Emergency Management Act 2007) ergency_mgt_plan.pdf ergency_mgt_plan.pdf pdf Tropical Cyclone Procedures:

1. Existing regulation Vanuatu nal%20disaster%20management%20act%20no.31.pdf 83.pdf A differentiated look at IT risks…. _to_website.pdfhttp:// _to_website.pdf a public display of frequency and relief efforts.

1. Existing regulation Solomon Islands National Disaster Council Act 1996 edition of the Act:

1. Existing regulation Solomon Islands 96. (1) On the occasion of any public emergency under section 16 of the Constitution, or in the interest of public safety, the Prime Minister or any officer specially authorised in that behalf by the Prime Minister may—(a) require a service provider to provide telecommunications on behalf of the Government in dealing with such public emergency or safety; (b) prohibit or regulate the use of telecommunications in all cases or in such cases as may be deemed expedient; or

1. Existing regulation Solomon Islands (c) order that any message or class of messages to or from any person or class of persons or relating to any particular subject matter, brought for transmission by, or transmitted or received by telecommunications shall to the extent technically feasible not be transmitted or shall be interrupted or detained or shall be disclosed to the Prime Minister or to any public officer mentioned in the order: PROVIDED THAT any order made under this paragraph shall not be construed to apply to the use of telecommunications for the purpose of making or answering signals of distress.

1. Existing regulation Fiji bin/sinodisp/fj/legis/num_act/ndma /ndma html spider.org/sites/default/files/Fiji%20Disaster%20Manage ment%20Office%20(NDMO).pdf Latest available Plan appears to be 1995.

2. Tampere Convention As described by the ITU, the Convention “provides the legal framework for the deployment and the use of telecommunications in international humanitarian assistance.” Convention was effective 8 January, 2005 Convention has 60 signatories, 48 Parties (Albania most recent, 2014) Of interest in the Pacific: The Kingdom of Tonga is a party via accession, and Marshall Islands is a signatory, but Fiji, Samoa, Solomon Islands, Vanuatu, New Zealand and Australia have neither signed nor acceded.

2. Tampere Convention The Convention accomplishes its humanitarian objectives by: ­ Removing regulatory barriers to the import and movement of equipment ­ Removing regulatory barriers to the movement of relevant personnel ­ “Protecting providers of telecommunications assistance while safeguarding the interests of the host country.”

2. Tampere Convention Structure of the Convention Article 1Definitions Article 2Coordination (UNERC) Article 3General Provisions (standardize) Article 4Provision of Telecommunication Assistance Article 5Privileges, Immunities and Facilities Article 7Payments or Reimbursements Article 8Telecom Assistance Info Inventory Article 9Regulatory Barriers

2. Tampere Convention Article 3, Section 2: What is “use of telecom resources”? Deployment of satellite to predict, monitor and provide information on disasters and natural and health hazards Sharing of information on hazards and disasters, and dissemination of such information Provision of prompt telecom assistance to mitigate impact of a disaster Install and operate reliable and flexible telecom resources to be used by humanitarian relief and assistance orgs.

2. Tampere Convention Article 5: Immunities Foreign entities who provide assistance accepted by recovering State shall be given the necessary privileges immunities and facilities to perform their functions ­ Immunity from arrest, detention and legal process in respect to acts or omissions specifically and directly related to providing service, and from seizure etc of equipment so used ­ Exemption from taxes etc. in respect to performing assistance or on equipment brought in or purchased to provide service.

2. Tampere Convention Article 5: Immunities (continued) Aided State shall ensure: ­ protection of aiders equipment, personnel and material brought into State ­ Prompt return of of assisting equipment, material, etc. ­ Deployment or use of equipment is only for disaster prediction, response, monitoring, mitigation or relief Aiders have a duty to respect laws and regulations and not interfere in domestic affairs of aided State.

2. Tampere Convention Article 7: Payment or Reimbursements Payment/reimbursement can be a precondition to aid Amount and terms must be agreed upon in advance Consent must be express Payment must be prompt Funds must be freely transferrable Conditioning of payment should take into account precedent and humanitarian needs and State capacity

2. Tampere Convention Article 9: Regulatory Barriers States shall when possible reduce or remove regulatory barriers to use of telecom resources for disaster relief Barriers include: regulations on import/export, restrictions on use of equipment or spectrum, restrictions on personnel and resources movement, delays in administration of regs Reduction includes: revising regulations, exempting certain equipment when used for disaster relief, pre-clearance of specified equipment, recognition of foreign approvals of equipment/licenses, expedited review, temporary waivers.

2. Tampere Convention Article 9: Regulatory Barriers (continued) Each State shall facilitate transit into and out of its territory of personnel, equipment, materials, and information involved in the use of telecom for disaster relief Global central information point for what barriers have been removed, and procedures for invoking the relaxed rules.

3. National Emergency Telecommunications Plan (NETP) This presentation will address the need for NETP’s, their role and function and what is expected from the participants as a take away from this workshop An approach for developing an NETP is presented but the main focus is on what countries have done so far and what assistance would be required as a follow up The NETP is an important subset of the National Disaster Management Plan. Main function is to ensure accurate information is available to decision makers and communication is maintained between them and responders.

3. Purpose & function of NETP Purpose: to improve the ability of emergency responders and government officials to communicate in disaster It is all about getting accurate information to the right persons at the right time An NETP will identify the capabilities needed by emergency responders to ensure the availability of ICT services before, during and after an emergency and identify obstacles to the deployment and utilisation of ICT systems.

3. Country commitment for NETP Countries should consider committing to the development of a National Emergency Telecommunications Plan (NETP) Indicate the assistance your country requires and PiRRC will undertake to collaborate with the ITU to provide resources to assist Samoa has developed an NETP that can be a model for others PiRRC volunteers to be a central repository of information regarding legislations and other statutes required for the development of such plans.

3. Action list to develop an NETP A. As a preparatory measure, document existing resources both in terms of personnel and equipment B. Obtain service providers’ emergency plans and integrate them into the NETP C. Document the list of contact persons for all services and ensure the list is updated regularly D. Document all of the relevant legislation, statutes and regulations so that lines of authority and responsibilities are clear in the NETP.

3. Recognising different interests The NETP should articulate the different needs of different response organisations. It should also outline the different approaches at each phase of disaster. Follow up workshops can be arranged to dive deeper into other aspects of ICT in disaster management and mitigation.

4. Harmonising frequencies Countries need to agree on the need for developing National Frequency Allocation Plans and to ensure that allocations are made for Public Safety and Disaster Response Special attention should be placed on the requirements of international first responders and their frequency requirements Ideal scenario is that the frequencies first responders use are clean and the recommended frequencies are published.

4. Action list for frequency harmonisation Countries to provide copies of their National Frequency Allocation Plans to PiRRC Countries commit to reserve frequencies for Public Safety and Disaster Management Utilising resources of PIRRC, collaborating with the ITU, countries work towards the harmonisation of frequencies allocated for Public Safety and Disaster Management.

5. Recommendations Countries to provide their existing legislation, statutes, regulations and plans relevant to disaster management to PIRRC, with the view of facilitating sharing of information between the countries. Commitment be given to ensure that National Emergency Telecommunications Plans are developed and that PIRRC convene a workshop to assist in the finalisation of these plans Countries provide their national frequency allocation plans and include recommendations for reservation of spectrum for Public Safety and Disaster Management

5. In summary A lot needs to be done It can all be achieved with commitment, collaboration and cooperation International agencies have offered assistance PiRRC is ready to support and assist.

Photos: WFP/ Mariko Hall; Telecoms Sans Frontieres PIRRC: DONNIE DEFREITAS: MARC LIPTON: THANK YOU REGIONAL ETC WORKSHOP, SAMOA, JULY 2016