Perspectives on ITRs Thomas Wilson Chief Executive Executive

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Perspectives on ITRs Thomas Wilson Chief Executive & Executive Managing Director CEO & Founder

Perspectives on ITRs Thomas Wilson Chief Executive & Executive Managing Director CEO & Founder April 2012 1

International Telecommunications Regulations – 1988 (ITRs) q Being reviewed after more than two and

International Telecommunications Regulations – 1988 (ITRs) q Being reviewed after more than two and a half decades q Have catalyzed unforeseen participation (and collaboration) on ICT matters q Substantial work has been done q Regional perspectives provided q Multiple schools of thought Key questions being asked relate to: 1. ITRs existence, scope, impact, and consequences 2. Business freedom and sustainability of investments 3. Fulfillment of government agendas 4. Realization or hindrance of greater PPP initiatives in ICT proliferation 5. Management of the Internet 6. Impact on the development of the Cloud 2

ITRs Under-Amendment Process ITRs Created/Adopted 1988 The need to revise ITRs communicated (Expert Group

ITRs Under-Amendment Process ITRs Created/Adopted 1988 The need to revise ITRs communicated (Expert Group meeting) 2009 ITRs came into force 1990 Agreement reached to conduct a review of the ITRs 2006 Discussion on amendments in ITRs began 1998 Working Group (WG-ITR) established 2002 Expert Group's first meeting Group A: Developing countries' standpoint Group B: Current and future needs in liberalized markets 1999 Report on the work of Expert Group, presented in ITU Council session The need to revise ITRs reinforced (Expert Group meeting) 2010 Revisions and actions planned; agenda for WCIT set 2011 WCIT to Amend ITRs (Dubai) December 2012 Multiple pre-WCIT ITRs review meetings and workshops in 2011 - 2012; SAMENA Council participated Recommendations to be issued 2000 3

Perceived Impact of the to-be-Amended ITRs General Perspectives Scope Issues Regulation & Reduced Flexibility

Perceived Impact of the to-be-Amended ITRs General Perspectives Scope Issues Regulation & Reduced Flexibility Perceived Intrusiveness toward Inter-Operator Matters International Mobile Roaming Traffic Termination Internet Peering Internet's Sustainability under International Control Cyber Security Data Privacy Existing Mechanisms given lower priority Potential of ITRs Exceeding Scope De-Incentivization of Investment & Innovation 4

What Should be the Ideal Impact of the ITRs Treaty post 2012? Minimal -

What Should be the Ideal Impact of the ITRs Treaty post 2012? Minimal - if any - regulation of the Internet Technology neutrality maintained Natural investment incentives ITRs Scope Boundaries Support for ongoing industry transformation Promote cooperation and collaboration National Sovereignty of rights maintained New Challenges posed by todays ICT Environment Ideal Impact of ITRs Stability – Flexibility – Built on Principle 5

Considerations Proposed by SAMENA Provide: q Recognition of the sovereign right of each Member

Considerations Proposed by SAMENA Provide: q Recognition of the sovereign right of each Member State q Focus on addressable areas at an international treaty level only q Ensure longevity through technology-neutral, high-level principles and guidance q Free from controversy and confrontation q No conflict with, overlap or repeat the provision of CS, CV and RRs q Incentivize investment across the telecom sector and encouraging expansion of sustainable networks q Exclude areas, definitions, concepts, needs or proposals not related directly to telecommunications q Exclude issues relating to Internet/digital content, national safety and security q Allow private bilateral or multilateral trade agreements between Commercial organizations 6

Focus of SAMENA’s Position on the ITRs q Transformation of the ICT Industry q

Focus of SAMENA’s Position on the ITRs q Transformation of the ICT Industry q Open Market Practices q International Cooperation in the ICT Industry q Operators’ Commercial Settlements / Dispute Resolution q Market Dynamics that aid Internet Growth q The ICT Operation Model q Scope of ITRs q Technology Neutrality q The Need for Addressing High-Impact Issues q Status of the ITRs and Implications q Maintaining the Stability of the ITRs while providing Flexibility 7

Desired Goals, Communicated in SAMENA’s Position q Goal 1: Support the transformation in the

Desired Goals, Communicated in SAMENA’s Position q Goal 1: Support the transformation in the industry through lighter regulations q Goal 2: Promote the growth of the ICT industry in a sustainable manner q Goal 3: Facilitate international cooperation on Telecommunications matters q Goal 4: Allow operators to conduct commercial matters themselves q Goal 5: Foster independence in dispute resolution q Goal 6: Ensure and preserve the Internet’s openness q Goal 7: Adopt Internet “self-governance” strategies q Goal 8: Safeguard the ITRs from being a catalyst for adverse, unintended change, and avoid undue complexities in the text of the ITRs Treaty q Goal 9: Maintain technology neutrality on all dimensions of the treaty q Goal 10: Safeguard the ITRs Treaty against frequent amendments and ensure its future applicability q Goal 11: Establish guidelines for governments on setting investment incentives 8

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