RATIFICATION OF THE INTERNATIONAL TELECOMMUNICATION REGULATIONS

to Parliament for ratification. Purpose To submit the Final Acts of the World Conference on International Telecommunications (WCIT), signed in Dubai in 2012, in line with Section 231(2) of the Constitution to Parliament for ratification. This document contains the revised International Telecommunication Regulations (ITRs)

Strategic focus The National Development Plan states that efficient information infrastructure that promotes economic growth and greater inclusion requires as stronger broadband and telecommunications network and lower prices. The impact of investment in Broadband on GDP has been widely acknowledged. More recently the Cabinet approved the National Integrated ICT Policy White Paper. The impact of investment in ICTs on socio-economic development is cross-cutting across diverse sectors, including lowering the cost of doing business globally. The ITRs will contribute to facilitating these developments.

The International Telecommunication Regulations The International Telecommunication Regulations were originally agreed in Melbourne in 1988. They set out the principles for the interconnection of networks, and the fair and efficient provision of international services. They laid the basis for cooperation between governments, giving priority to emergency telecommunications, and charging for the traffic exchanged between operators in different countries. The original ITRs facilitated the era of privatisation, competition and deregulation that followed, and subsequently the growth of the information and communication technologies, including the Internet

Why they had to be updated? In 1988 there was little or no internet, and cell phones were uncommon, unwieldy and unsophisticated. By 2012 the world of Information and Communication technologies had completely transformed Increased use of networks and applications based on Internet protocol (IP) Technological convergence had blurred the distinction between voice and data traffic. Mobile phones have become the dominant telecommunication device, with even relatively low cost handsets now effectively sophisticated computers, with Africa becoming the fastest growing market.

The New ITRs -Context Process more inclusive – many more developing countries participating Fears from the Internet ‘powers’ of intrusion by governments into the Internet space Attempts to decide in advance what countries could and couldn’t talk about – delayed the hosting of the WCIT in spite of urgency to update ITRs. Articles published – governments ‘plotting to takeover the Internet’. High level lobbying around the world Atmosphere became toxic – delegates threatened by Internet activists (eg. Anonymous) including members of SA delegation. Attempts to mobilise sector in RSA against intrusion into internet space

The New ITRs -Content Quality of Service corresponding to ITU Standards Transparency of International Roaming prices – measures to avoid ‘bill shock’ and disseminate national emergency numbers to visitors promote access to telecommunication services to the 650 million people living with disabilities around the world energy efficiency and e-waste best practises misuse of number resources - often associated with fraudulent practises encourages the provision of Caller Line Identification information Priority of safety-of-life telecommunications promote the development of regional telecommunication traffic exchange points

The New ITRs -Content Encourages investment in international telecommunications networks and competitive wholesale pricing Application of basic pricing principles and a framework for international agreements, based on transparency, practicality and causality Further economic benefits included guidelines for dispute resolution, possibility of commercial special mutual arrangements, measures to assist in avoiding double taxation for international services regulatory framework/legal basis through which charges for maritime telecommunications in the maritime mobile service and the maritime mobile-satellite service are collected and paid Cybersecurity SPAM

The Major Controversial Aspects The ITU has a culture of agreement by consensus (often agreement by exhaustion) BUT THERE WAS A LACK OF CONSENSUS: Security and Robustness of International Telecommunication Networks Unsolicited Bulk Electronic Communications AND A FORMAL VOTE: The right of Member States to access international telecommunication networks Because of the controversies, 89 countries signed, although 152 participated (less signed than with the original ITRs).

Way Forward Recommend that South Africa ratifies the ITRs – as they will contribute to improved provision of telecommunication services and better customer experiences, supporting the Integrated ICT Policy white paper. Treaty binding to all signatories unless notification is sent to ITU by Dec 2017 Many articles are not compulsory in nature, but use terminology such as ‘encourage’ or ‘promote’. Others use stronger language such as ‘should’ or ‘should endeavour to’ The DTPS will engage with stakeholders on areas that require further action Old ITRs remain in effect for those who did not sign or accede to the new ITRs, even in relations with those that signed the new ITRs. Debate has already started on the need to review the ITRs on a more regular basis

SIYABONGA, KE A LEBOGA, DANKIE