TDSAT INTERNATIONAL SEMINAR ON DISPUTE RESOLUTION October 2004 New Delhi, India Susan Schorr, Regulatory Officer Telecommunication Development Bureau (BDT) The Evolving Scenario in the Telecommunications Sector Impact on Nature of Disputes and Response Mechanisms

The Telecommunications Sector has become the ICT Sector Plain old telecom services being replaced by bouquet of voice, data, broadband Internet and multimedia services Copper networks refitted as ADSL broadband networks CATV compete head-to-head with copper Voice traffic shifting to VoIP Wireless broadband key to developing countries

Revenues from public switched telephone, cellular mobile and other telecommunication networks worldwide, and 2003, in current USD billions Source: ITU World Telecommunication Indicators Database

Ownership Status of the Incumbent Operator Source: ITU World Telecommunication Regulatory Database from 1991 to 2004 Privatization by region, percentage, mid 2004

102 million broadband subscribers by end 2003

Broadband networks Phone linesPhone lines Coaxial cablesCoaxial cables Fibre optic cablesFibre optic cables Power linesPower lines WirelessWireless “While most current broadband networks are based on copper lines, fibre optic and wireless technologies are the broadband of the future” Source: ITU World Telecommunication Indicators Database Other” broadband includes fibre to the home, WiFi, Metro Ethernet, Fixed Wireless Access, Satellite, etc.

Broadband’s fast growth “Broadband access has quietly grown faster than mobile phones in their early stages” Source: ITU World Telecommunication Indicators Database

ICT Sector Increasingly Dominated by Wireless Technologies ICT sector dominated by mobile cellular Advent of 3G services New fixed wireless broadband technologies like Wi-Fi and Wi-MAX on the rise All these changes require a new regulatory framework

ICT Users Worldwide 1991–mid 2004 Source: ITU World Telecommunication Indicators Database

Cellular mobile users mid-2004 and mobile users added 2000-mid 2004; number of Internet users 2003, and new Internet users added, Cellular mobile users mid-2004 and mobile users added 2000-mid 2004; number of Internet users 2003, and new Internet users added, Source: ITU World Telecommunication Indicators Database

Level of competition in selected services world, 2004 Source: ITU World Telecommunication Regulatory Database

Malaysia Licenses under the old regime Licensing under the new regime Licensing CategoryIndividual LicenceClass LicenceExempt/Unlicensed 1. Domestic Network Operators 2. International Network Operators 3.Cellular/Personal Communications Services 4. CT2 / Telepoint Service 5. Financial Electronic Transaction 6. Paging Services 7. Trunk Radio System 8. Radio Maritime Service 9. Mobile Satellite Services 10. Telecommunications Satellite Network Services 11. Very Small Aperture Terminal Services 12. Radio Location Services 13. Satellite Broadcasting Services 14. Mobile Data Services 15. Mobile Radiocommunications Services 16. Private Information Services 17. Public Electronic Data Interchange Services 18. Value Added Network Data Services 19. Value Added Services (Premium Rate) 20. Telecommunications Personal Services 21. Public Internet Kiosk Services 22. Internet Service Providers 23. Power Line Carriers 24. Payphone & Public Facsimile Services 25. Wireless Video Communications Network 26. Private Telecommunications Network 27. Common Subscriber Directory Services 28. Community Interactive Multimedia Services 29. Amateur Satellite 30. Broadcasters - Radio 31. Broadcasters – Television Network Facility Provider Earth Stations Fixed links and cables Public payphone facilities Radiocommunications transmitters and links Satellite hubs Satellite control station Space station Submarine cable landing centre Switching centre Towers, poles, ducts and pits used in conjunction with other network facilities Niche or limited purpose network facilities Broadcasting and production studios Incidental network facilities Private network facilities Network Service Provider Bandwidth services Broadcasting distribution services Cellular mobile services Access applications service Space service Niche customer access Niche connection service Incidental network services LAN services Private network services Router Internetworking Applications Service Provider PSTN Public cellular services IP telephony Public payphone service Public switched data service Audiotext hosting services provided on an opt-in basis Directory services Internet access services Messaging services Electronic transaction service Interactive transaction service Networked advertising boards and Cineplex Web hosting or client server Content Applications Service Provider Satellite broadcasting subscription Broadcasting Terrestrial free to air TV Terrestrial radio broadcasting Not issuedInternet content applications services

Other Regulatory Trends Freeing spectrum for use by ever growing numbers of wireless devices Authorizing greater use of VoIP Considering regulation of VoIP Combating Spam

Impact of Technological, Market and Regulatory Developments on Disputes Embracing technology and service neutral licenses should reduce disputes about market entry into specific markets Technology neutral regulation = greater liberalization Further liberalization creates new market players and grants rights to these new players that did not exist before. Granting of new rights inevitably leads to new disputes as new interests clash with traditional ones

Spam Growth

Trends: National Regulatory Authorities Worldwide and Percentage per Region Source: ITU World Telecommunication Regulatory Database.

Mechanisms to resolve interconnection disputes, sanctions power

Overturning decision of national regulatory authority

Percentage of Regulators worldwide responsible for consumer issues

Thank You! Susan Schorr Regulatory Officer ITU/BDT/Regulatory Reform Unit