1. Next Generation Networks Can the GATS Adapt? Lee Tuthill WTO

2. ? -NGN: a more competitive landscape? -Rules? More, less or different?

3. Competition  Dominant players?  Bottlenecks?  Ease of market entry?  Price competition?

4. Regulation  Safeguarding competition?  Interconnection?  Licensing?  Universal access?

5. Are they adaptable?  GATS framework articles  GATS Annex on Telecoms  The Reference Paper  Market access commitments

6. Neutrality re: Technologies GATS Provisions  do not rule out any particular technologies or means of supply from coverage of the agreement GATS Commitments  Commitments can be made, and are encouraged, as neutral vis-à-vis the technologies used to supply the services

7. Neutrality re: Measures GATS obligations, incl. Telecom Annex and Reference Paper  do not specify what law or agency must implement obligations; so can be sector law/agency, competition law/agency, etc  do not specify whether measures should be ex-ante or ex-post; so can adapt to light-handed approach

8. IP networks & WTO disciplines  GATS Telecom Annex – explicitly covers “reasonable and nondiscriminatory” access to and use of leased circuits  Reference Paper? – interconnection defined as “linking”; a panel has ruled it is a broad concept

9. IP networks & WTO disciplines Annex & Reference Paper Obligations?  apply only to “public” & basic “transport” services... concepts losing significance  Public: “required, explicitly or in effect, by a Member to be offered to the public generally”  Transport: “real-time transmission of customer-supplied information between two or more points without any end-to- end change in the form or content”

10. IP networks & WTO disciplines Benefits?  Benefits of the Reference Paper disciplines accrue only to basic services providers  Is this realistic in an integrated IP- based environment?

11. Classification schemes  GATS classification (W/120) voice vs. data? names technologies?  UN Central Product Classification public vs. (leased) business service?  Also, distinction between telecom & some computer service classifications outdated WTO Telecom Commitments Technology neutral?

12. Telecom scheduling: Chairman’s Note  Designed to adapt the classification to evolution of technology and regulation  allows distinctions... but most important, confirms if commitment comprehensive  But... the distinctions are blurring and terms/definitions in flux, esp. as regards liberalized vs. less liberal markets... Technology neutral?

13. GATS framework articles Regulation?  GATS disciplines cover domestic regulation such as licensing, licensing requirements and technical standards  Regulatory neutrality is not prevented... nor is it required  Likewise for Telecom Annex & Reference Paper provisions on licensing and universal service frameworks

14. Implications? If IP-based networks & services lead to enhanced competition...  Important elements of GATS provisions could become less critical  General competition policy and ex-ante measures could be used  The WTO rules become a “fall-back”?

15. ? Can GATS adapt ? Most provisions are normally cast as overarching, adaptable principles Negotiators took important steps to accommodate technological and regulatory developments Classification schemes, some terms and definitions are a possible weak point