GATS

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GATS Telecom
Transparency
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Transparency
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Key Ingredients for Reform

• Clearly set out policies in laws, regulations,
  licenses, contracts
• Make all processes open to participation review
  by all interested parties
• Ensure the award of licenses/contracts adheres
  strictly to criteria clearly announced at outset
  
• Limit discretionary intervention by government
• Restructure prices - based on costs
• Guarantee reasonable interconnection to dominant
  operator(s)
• Björn Wellenius, Telecommunications Reform- How
  to Succeed Viewpoint Note No. 130, Oct. 1997,
  The World Bank

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Core obligation

• What is it?
• publish promptly ... at the latest by the
  time of their entry into force, all relevant
  measures of general application which pertain to
  or affect the operation of this Agreement

GATS Art. III1
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measures?

• "measure" means any measure by a Member,
• . . . a law, regulation, rule, procedure,
  decision, administrative action, or any other form

GATS Art. XXVIII(a)
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by a Member?

• means measures taken by
• central, regional or local governments and
  authorities and
• non-governmental bodies in the exercise of powers
  delegated by central, regional or local
  governments or authorities

GATS Art. 13(a)
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of general application?

• does not cover ...
• e.g. decisions, actions or communications
  relating to individual service suppliers

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• Other transparency provisions covering
  government measures of
  general application include...

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More...

• To ensure that ... qualification requirements
  procedures, technical standards and licensing
  requirements do not constitute unnecessary
  barriers to trade ...
• Develop necessary disciplines that ...
• ensure that such requirements are ... based on
  objective and transparent criteria ...

GATS Art. VI4
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More...

• Where a licence or other authorization is
  required, make publicly available
• - all the licensing criteria
• - the period of time normally required to
  reach a decision on an application

Reference Paper, para. 4
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More...

• Universal service
• Such obligations will not be regarded as
  anti-competitive per se, provided they are
• administered in a transparent,
  non-discriminatory and competitively neutral
  manner ...

Reference Paper, para. 3
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More...

• Scarce resources
• Procedures for the allocation and use of scarce
  resources, including frequencies, numbers and
  rights of way, will be carried out in an
  objective, timely, transparent and
  non-discriminatory manner.
• The current state of allocated frequency bands
  will be made publicly available, but detailed
  identification of frequencies allocated for
  specific government uses is not required.

Reference Paper, para. 6
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However...

• Some provisions do require making government
  measures relating to an individual service
  supplier available to the supplier or to the
  public ...
• Other provisions require governments to ensure
  that certain information of or about an
  individual service supplier is made publicly
  available ...

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Beyond measures of general application

• Provisions that require making available
  government measures relating to an individual
  service supplier include ...

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Informing suppliers...

• Where licensing or authorization is required
• ... within a reasonable period of time ...
  inform the applicant of the decision on the
  application
• ... upon request of the applicant, provide,
  without undue delay, information concerning
  the status of the application

GATS Art. VI3
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Informing suppliers...

• Where a licence is required, make publicly
  available
• the terms and conditions of individual licences
• Provide the applicant, upon request, the reasons
  for denial of a licence

Reference Paper, para 4
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Beyond government measures

• Provisions that require governments to ensure
  that certain information of or about service
  suppliers is made publicly available include ...

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Telecom Annex ...

• Ensure information on conditions affecting
  access to and use of public telecommunications
  transport networks and services (PTTNS) is
  publicly available, including ...

Telecom Annex, para 4
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Supplier or Government?

• ... tariffs and other terms and conditions of
  service
• ... specifications of technical interfaces with
  such networks services
• ... information on bodies responsible for
  preparation and adoption of standards
  affecting access and use
• ... conditions applying to attachment of terminal
  or other equipment
• ... notification, registration, licensing
  requirements

Telecom Annex, para 4
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about suppliers...

• Ensure interconnection is provided ...
• ... in a timely fashion, on terms, conditions
  (including technical standards specifications)
  cost-oriented rates that are transparent,
  reasonable, ...

Reference Paper, para 2.2(b)
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about suppliers...

• Ensure procedures applicable for interconnection
  to a major supplier will be made publicly
  available

Reference Paper, para. 2.3
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about suppliers...

• Ensure that a major supplier makes publicly
  available either its interconnection agreements
  or a reference interconnection offer

Reference Paper, para. 2.4
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Except ...

• Nothing in this Agreement shall require any
  Member to provide confidential information
• the disclosure of which would impede law
  enforcement, or otherwise be contrary to the
  public interest, or which would prejudice
  legitimate commercial interests of particular
  enterprises, public or private

GATS Art. IIIbis
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Examples?

• Related to
• certain non-dominant companies or services?
• companies or services not subject to public
  service obligations?
• E.g. Tariffs for negotiated or customized
  competitive business services?

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Recap...what?
Make publicly available... All measures of general application - laws, regulations, rules, procedures Interconnection terms, conditions (incl. technical standards and specifications) and rates, interconnection procedures Licensing criteria and procedures, time normally required to reach a decision, the terms and conditions of individual licences State of allocated frequency bands Conditions affecting access to and use of public telecommunications tariffs and other terms and conditions specifications of technical interfaces conditions on the attachment of terminal or other equipment notification, registration, licensing requirements information on bodies responsible for standards

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Recap...what?
Inform license applicants of the status of the application the decision the reasons for denial Transparently administer universal service obligations procedures for allocation and use of scarce resources

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Who? ...of the government?

• Telecom laws, regulations, rules, etc
• Tariffs or interconnection rates set by the
  government
• Technical standards/specifications, info on
  standards setting bodies
• Licenses, licensing procedures, criteria
  requirements, period of time, reasons for denial,
  notification registration requirements
• Procedures for allocation use of frequencies,
  numbers and rights of way, state of allocated
  frequency bands
• Universal service obligations and mechanisms

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How?

• Official Gazette
• Website
• Press releases
• Mailings or newsletters, including e-mails or
  e-newsletters
• Newspaper postings
• ...translations?

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Who? ...of or about operators?

• Of all Public Telecom Transport Networks
  Services
• tariffs
• specifications of technical interfaces
• other technical specifications
• conditions applying to attachment of terminal
  or other equipment

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Who?...of or about operators?

• Of dominant Public Telecom Transport Networks
  Services
• procedures for interconnection
• terms, conditions and rates of interconnection
• interconnection agreements or a reference
  interconnection offer

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How?

• Require operators to publish the relevant
  information
• Require operators to submit relevant information
  to the government... then the government makes it
  publicly available

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When?

• Promptly !