5. Background
Why the ITRs are important
The need to revise the ITRs
Preparatory process
Some key proposals
Myths and misinformation
Expectations for WCIT-12
Useful links

6. Background: origin of the ITRs

7. Why the ITRs are important
The International Telecommunication Regulations (ITRs):
Establish general principles on the provision and operation of international telecoms
Facilitate global interconnection and interoperability
Underpin harmonious development and efficient operation of technical facilities
Promote efficiency, usefulness, and availability of international telecommunication services
Treaty-level provisions are required for international networks and services
The ITRs underpin how we communicate with each other by phone or computer, with voice, video or data, and across the globe.

8. What is in the ITRs? Article 1: Purpose Article 2: Definitions
Article 3: Right to communicate at good technical quality; countries to coordinate their infrastructure
Article 4: International telecom services to be made available to the public
Article 5: Priority to be given to emergency communications
Article 6: Charges for services, and accounting rates between carriers
Article 7: Suspension of services when “dangerous for national security, or contrary to national laws, public order or decency.”
Article 8: ITU to gather and circulate information on suspended services
Article 9: Special arrangements not affecting all countries
Article 10: Entry into force; reservations

9. The ITRs coordinate, countries implement
Only governments can implement the ITRs, through national legislation or regulation
There have been NO proposals for a global body to impose implementation of the ITRs

10. ITRs (came into force in 1990)
The ITRs need to be revised
The current version of the ITRs has remained unchanged since 1988.
ITRs (came into force in 1990)
In 1988, there were very few countries with a liberalized market.
Most operators were a monopoly regime, under government or state control

11. The ITRs need to be revised
Shift from fixed to mobile, from voice to data as the drivers of traffic and main sources of revenue
The international telecom environment has changed greatly in technology and policy. It continues to evolve rapidly
Increased use of IP-enabled infrastructure and applications mean opportunities and challenges for the ICT sector
As technology evolves, governments are evaluating their policy and regulatory approaches to ensure an enabling environment

12. The preparatory process for WCIT-12
Council Working Group to Prepare for the WCIT 12 (CWG-WCIT12) held three meetings in 2010, two in 2011, and three in 2012 (in February, April and June)
Regional preparatory meetings were held in the Asia-Pacific, Africa, Arab region, RCC (CIS Countries), Europe, and Americas – all open also to Sector Members
124 input documents have been submitted by the ITU membership; over 450 proposals under consideration

13. The preparatory process for WCIT-12
Wide consultations on the issues with:
ITU Member States (193)
Private-sector members of ITU (567)
Associates and academic members of ITU (217)
Civil society – through such venues as the WSIS Forum
On the ITU website:
WCIT Background Briefs and FAQs ( Pages/WCIT-backgroundbriefs.aspx)
Site for anyone to post opinion or material on WCIT (

14. Proposals made during preparatory process
Convergence
Human right to communication
including fair & equitable accessuse of networks & services
Charging and accounting - including taxation (Market-based costing, Llberalization of international gateways, Transparency obligations on ROAs)
Quality of Service
Security in the use of ICTs including privacy and preventing spam
Protection of critical national resources
Including communication networks
Interconnection and interoperability
International
frameworks
Enforcement measures (including possible binding effect of certain ITU Recommendations) 2 1 3 6 5 7 8 4

15. Key Issues What core principles should guide discussions?
Do some provisions belong elsewhere? (e.g. ITU Constitution/Convention, ITU-T Recommendations)
What provisions should be added to cover new issues?

16. Some key proposals Mobile roaming Misuse and fraud Taxation
Transparency of routing
New general principles on economic issues
Allowing differentiated traffic management
Cooperation on cybersecurity
Cooperation to combat spam
Energy efficiency
Accessibility
All to be implemented by national authorities

17. Proposals: Mobile Roaming
Helping to prevent “bill shock”
Transparency of prices for users
Price levels could be capped
Draft ITU-T Recommendation D.98
OECD Recommendations

18. Proposals: Misuse and Fraud
Preventing misuse/hijacking of numbering resources
According to GSMA, such misuse is a major factor in fraud against mobile networks and their customers
It is used for fraudulent and artificial inflation of traffic
Combating fraud
Identifying the origin of communications and sending this information to the receiver

19. Proposals: Taxation
Clarify existing provision to prevent international double taxation (carriers being taxed twice for the same asset or service because it operates in two jurisdictions)
Prevent or discourage taxation of incoming international calls
(A delicate issue because there is a trade-off between raising revenue and encouraging the use of telecommunications)

20. Proposals: new general principles
Price transparency
Cost orientation, presumably cost intended to include:
Return on investment (including dividends to stock owners)
Taxes
Creation of reserves for future investments
Risk premiums
Etc.

21. Proposals: new general principles
Foster investment in high-bandwidth infrastructure
Adequate return on investment in infrastructure
Compensation for traffic carried
Compensation for traffic terminated
No proposals to create new international regulatory agencies or mechanisms
Proposals that national authorities should implement the ITRs
First, ratification of new ITRs in accordance with national procedures, then, transposition into national laws and regulations
Possibly, new or revised ITU-T Recommendations

23. 1/13 Myth: The mandate of ITU is restricted to telephony FACTS:
Many ITU standards (including ones under development) relate to data networks
The first standardized data network was ITU’s X.25, developed in 1976, widely used until the 1990s and still used for specialized networks
X.25 is a packet-switched, connection-oriented architecture
End-user data network access devices (modems, xDSL) have long been based on ITU standards
The ITU development sector activities cover all aspects of telecommunications, including in particular data networks
The ITU radio sector activities cover all aspects of radio communications, including satellites

24. Myth: ITU’s scope does not include the Internet
2/13
Myth: ITU’s scope does not include the Internet
FACT:
The ITU Constitution defines telecommunications as:
“Any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems.”
Many consider that this includes communications via the Internet, which runs on telecom infrastructure

25. 3/13
Myth: WCIT is about ITU or the UN extending their mandate so as to control the Internet
FACTS:
Numerous ITU Resolutions, (e.g. 101, 102, and 133) specify ITU’s mandate with respect to the Internet
Numerous ITU-T Recommendations relate to the Internet, including on combating spam
WCIT’s main preparatory document includes NO proposals related to ITU control of Internet domain names or IP addresses
Some older proposals referred to IP addresses
Some current proposals relate to routing (including of IP traffic) and to billing (including of IP traffic)

26. 4/13
Myth: WCIT may extend the scope of ITU to include charging and accounting for Internet traffic
FACTS:
All Internet traffic moves under Art. 9 of the ITRs
An existing ITU-T Recommendation, and its Supplement, concern charging and accounting for the Internet
Some proposals could affect the way costs are shared between users and suppliers

27. Myth: WCIT is about imposing censorship
5/13
Myth: WCIT is about imposing censorship
FACTS:
The ITU Constitution (Art. 34) gives Member States the right to cut off, in accordance with national laws, any private telecommunications which may appear dangerous to the security of the State or contrary to its laws, to public order or to decency
The ITRs cannot override or conflict with the Constitution
There is a proposal to ensure that interception and monitoring of international telecommunications be subject to due process authorized in accordance with national laws
Provisions on transparency of routing and call identification might facilitate some types of oversight by governments

28. 6/13
Myth: Proposals related to security could hinder the free flow of information
FACTS:
There are proposals to:
- encourage cooperation to combat spam
- improve network security and the protection of privacy
In Article 33 of ITU’s Constitution, Member States recognize the right of the public to correspond through international telecommunications
Most countries already have measures to e.g. protect copyright owners, prevent defamation, etc. Such measures are permitted by Article 34 of the ITU’s Constitution
The ITRs cannot contradict the Constitution

29. Myth: Consumer interests could be harmed by WCIT
7/13
Myth: Consumer interests could be harmed by WCIT
FACTS:
There are proposals to:
limit roaming prices - based on costs, prices in the visited country, or prices in the home country
ensure transparency of prices, wholesale and retail, in general and for roaming
encourage cost-based pricing
ensure transmission of calling party identifiers
combat fraud, especially from misuse of telephone numbers
improve access for people with disabilities

30. 8/13
Myth: Proposals to give binding force to certain ITU-T Recommendations are unprecedented
FACTS:
Many Recommendations (standards) were widely considered to be binding prior to 1988
In other fields, it is common for laws or regulations to give binding force to standards developed by private organizations: electricity, plumbing, accounting, etc.
Recommendations can only be made mandatory if a national authority makes them so

31. Myth: WCIT is a top-down process
9/13
Myth: WCIT is a top-down process
FACTS:
The ITU Secretariat serves the wishes of the membership. All discussions are based on proposals from ITU Member States
There have been wide consultations, including beyond the ITU membership
124 input documents were submitted to the WCIT preparatory process. After discussion, over 450 individual proposals were retained for Member States to use when preparing their proposals
Countries can compose their delegations at WCIT-12 as they wish. They usually include ITU Sector Members, and may include any other organization, whether an ITU member or not

32. Myth: The WCIT process is not open or transparent
10/13
Myth: The WCIT process is not open or transparent
FACTS:
All ITU members have full access to all WCIT documents and audiocasts of discussions
Member States are expected and encouraged to consult their citizens and give them access to WCIT documents, preferably in the national language
ITU offers information on its website, and a space for any stakeholder to add comments
The conference plenary sessions and some committee meetings will be open to the public (to be formally decided on the opening day)

33. Myth: WCIT could be dominated by authoritarian countries
11/13
Myth: WCIT could be dominated by authoritarian countries
FACTS:
All of the ITU’s 193 Member States have equal rights: the principle is one nation, one vote
No proposal will be accepted unless it has wide support
Decisions can be made by majority vote, but this is very unusual: decisions are usually made by consensus
Each country is free to refuse to sign or to ratify the finally agreed text from WCIT-12

34. 12/13
Myth: WCIT could result in decisions that are bad for developing countries
FACTS:
Many ITU Member States are developing countries, and their representatives are well informed and well prepared to represent the interests of their citizens
One of ITU’s top priorities is to spread connectivity to every community – especially broadband. WCIT-12 is an opportunity to establish a framework to support this into the future

35. Myth: There has been a spontaneous wave of protest against WCIT
13/13
Myth: There has been a spontaneous wave of protest against WCIT
FACTS:
Organized lobbying groups have been active
Many articles concerning WCIT repeat the same misinformation, at times in the same words
Documents have been leaked selectively
Documents are described as concerning WCIT, when in fact they have no formal relation to WCIT
There are many articles and other comments giving a balanced and positive view

36. Expectations for WCIT-12
WCIT-12 is a key opportunity to increase positive collaboration among countries
It can help countries reach new levels of economic and social development through better ICT services
The aim is to make the ITRs relevant and valuable to all stakeholders, so that they address and alleviate many current concerns
It is an opportunity – not to be missed - to create a pathway to a sustainable and inclusive global communication system of the future

37. Useful links WCIT-12 website:
WCIT Background Briefs and FAQs:
ITU Council working group CWG-WCIT12:
Draft of the future ITRs, and site for public comments: