Revised Report
by the Secretary-General
Policy and Regulatory Issues Raised by
Global Mobile Personal Communications by Satellite (GMPCS)
Introduction
1. The ITU World Telecommunication Policy Forum (WTPF) was established
by Res. 2 of the Kyoto Plenipotentiary Conference. Its terms of reference
include the following provisions:
- its purpose is to provide a forum where ITU Members as well as entities
and organizations other than Administrations authorized to participate
in the activities of the Union can discuss and exchange views and information
on telecommunication policy and regulatory matters;
- although the WTPF shall not produce prescriptive regulatory outcomes
or outputs with binding force, it shall prepare reports and, where appropriate,
opinions for consideration by Members and relevant ITU meetings;
- the WTPF shall be convened on an ad hoc basis to respond quickly to
emerging policy issues arising from the changing telecommunications environment;
- it should be convened once or twice before the 1998 Plenipotentiary
Conference in conjunction with other ITU conferences and meetings;
- the ITU Council shall decide on the duration, date, venue, agenda and
themes of the WTPF.
2. By Resolution 1083,
the 1995 session of the ITU Council decided to convene the first WTPF in
Geneva from 21-23 October 1996, immediately after the World Telecommunication
Standardization Conference, to discuss the theme 'Global Mobile Personal
Communications by Satellite' with the following agenda;
"To discuss and exchange views and information on the following policy
and regulatory issues raised by the introduction of global mobile personal
communications systems and services by satellite:
- the resulting globalization of telecommunication services and the scope
for international cooperation in this context;
- the role of such systems in the provision of basic telecommunication
services in developing countries, LDC's, and in rural and remote areas;
- measures necessary to achieve transborder use of such mobile terminals;
- policy and regulatory issues relevant to such systems and services,
in particular those relating to interconnection, with a view to achieving
equitable and standard conditions of access.
and to draw up a report, and if possible opinions, for consideration
by the Members and relevant ITU meetings."
3. In accordance with Resolution 1083, this report has been prepared
to serve as the sole document of the Forum, using the following procedure.
- Circular Letter No. 208
of 15 September 1995 invited ITU Members and members to make contributions
to be incorporated in the report. Some 30 contributions were received,
14 from State Members and 16 from Sector Members.
- On the basis of these contributions, a draft report was prepared and
circulated to contributors for comment on 10 June 1996.
- The draft report was modified and finalized in accordance with contributors'
comments and sent to ITU State Members and Sector Members at the start
of August;
- The revised report has been prepared to incorporate new contributions
subsequently received from the ITU membership, proposals made as a result
of regional preparatory meetings, and revised Draft Opinions prepared by
an informal group of experts, each of whom has been involved in preparations
for the Policy Forum in his or her own country and region.
4. In addition to this report, it is anticipated that the following
ITU documents, publications and meetings may assist the membership in preparing
for the WTPF:
- the Briefing Report and the Chairman's Report
of the third ITU Regulatory Colloquium on GMPCS;
- two reports on GMPCS by the World Telecommunications Advisory Council
which were distributed to the ITU membership by Circular-letter
No. 28 of 4 April 1996;
- presentations organized by the ITU Secretariat in conjunction with
AFRTDC 96 and Americas TELECOM 96;
- the preparatory meeting for the Asia-Pacific region convened by the
Asia-Pacific Telecommunity in Singapore on 4 & 5 June, 1996;
- a special session on GMPCS held at the AFCOM 96 conference in Washington
D.C. on 7 June, 1996:
- discussions at the 1996 session of the ITU Council;
- the CITEL PCC-III meeting held in Brasilia, 12-16 August;
- the preparatory meeting for the Africa region convened by Senegal in
Dakar, 1820 September 1996 in collaboration with ITU/BDT, PATU,
and RASCOM;
- the special GMPCS information session which will take place the day
before the Policy Forum.
5. The report has been organized into the following three Parts so that
it corresponds to the proposed structure and timetable of the Policy Forum
and the associated GMPCS information session which will take place the
day before the forum begins. The relationship between the structure of
the WTPF, the items on its agenda, and the organization of this report
is displayed in Table A as follows:
TABLE A - Proposed Forum Structure and Timetable
(Proposed working hours: 09:00 - 12:00 and 14:00 - 17:00)
WTPF Session
|
Timing
|
Agenda
|
Related Part of this Report
|
Pre-WTPF Information Session |
20 October |
Information on GMPCS |
I. Overview of GMPCS |
Sessions 1 and 2 |
21 October |
Inauguration of the Forum
Adoption of Rules of Procedure
Presentation of Secretary-General's report
Keynote presentations on policy and regulatory issues raised by GMPCS
General discussion of policy and regulatory issues raised by GMPCS
|
II. Overview of Policy and Regulatory Issues Raised by GMPCS
|
Sessions 3 and 4 |
22 October |
Consideration of draft opinions on GMPCS |
III. Draft Opinions Concerning GMPCS |
Sessions 5 and 6 |
23 October |
Adoption of Forum Report and Opinions
Closure of the Forum
|
|
Part
I – Global Mobile Personal Communications by Satellite (GMPCS)
6. As stated in paragraph 2 above, in accordance with Kyoto
Resolution 2, the 1995 ITU Council decided that the policy and regulatory
issues raised by the introduction of "global mobile personal communications
systems and services by satellite", or GMPCS, would be the theme of
the first WTPF.
7. The acronym "GMPCS" was first used in the reports of the
Third ITU Regulatory Colloquium to refer to mobile satellite systems operating
in non-geostationary orbits and offering voice communications and other
narrow-band services on a global basis using frequencies above 1 GHz. Systems
of this kind are popularly known as "Big LEOs", even though not
all of them use satellites in low earth orbits.
8. Several contributions have recommended that the scope of the Policy
Forum should be broadened to include all systems providing telecommunication
services directly to end-users from a constellation of satellites on a
trans-national, regional or global basis. This recommendation is based
on the recognition that similar policy and regulatory issues are raised
by all such systems.
9. From this perspective, the Policy Forum would
consider a common set of policy and regulatory issues raised by the following
kinds of satellite systems:
- existing and planned global and regional satellite systems providing
mobile personal communications voice and low-speed data services and operating
in the geostationary orbit (GEO MSS);
- existing and planned satellite systems operating in non-geostationary
orbits and providing mobile narrow-band services, excluding voice, on a
global or regional basis (i.e. " Little LEOs" or "Little"
NGEO MSS);
- satellite systems planned to come into operation in the next two to
five years in order to offer narrowband mobile services, including voice
and relatively low-speed data, on a global or regional basis and to operate
in non-geostationary orbits – including Low Earth Orbits (LEOs), Medium
Earth Orbits (MEOs), and Highly Inclined Elliptical Orbits (HEOs) – (i.e.
NGEO MSS);
- satellite systems planned to come into operation in the next five to
ten years in order to offer fixed and transportable, multimedia broadband
services on a global or regional basis and to operate either in geostationary
or non-geostationary orbits (GEO and NGEO FSS).
10. In spite of their different technical characteristics and different
service offerings (i.e. fixed vs. mobile, narrowband vs. broadband), all
these systems share certain characteristics that distinguish them from
traditional intergovernmental organizations providing satellite services
and give rise to essentially similar policy and regulatory issues with
respect to the items on the WTPF agenda. These are summarized in Table
B.
11. To provide a comprehensive basis for discussion of the policy
and regulatory issues raised by GMPCS, it is recommended that the Policy
Forum consider GMPCS in the broader view outlined in Section
9.
TABLE B
A Summary of GMPCS Characteristics
Topics
|
GMPCS Characteristics
|
Fundamental Issues for the WTPF
|
Policy and regulatory authority |
National policy and regulatory bodies |
How to coordinate actions of national policy makers and regulators
in order to facilitate the development and deployment of GMPCS? |
Participation |
- Broad base of investments through international consortia
- Ownership from both developed and developing countries
- Primarily private, but also includes government-owned operating entities
|
How to ensure that interests of developing countries are
taken fully into account in the development of GMPCS systems and services?
|
Terminals |
- Lightweight
- Small (hand-held or portable)
- Inexpensive and generally owned by the end user
|
How to facilitate the use of GMPCS terminals on a trans-national
basis? |
Service provision |
- Competitive
- Trans-national markets
- Primarily retail direct to end-users
|
How to create open, fair, competitive markets for GMPCS services
on a national and trans-national basis? |
Part
II – Overview of Policy and Regulatory Issues Raised by GMPCS
A. The Globalization of Telecommunication Services Resulting
from GMPCS and the Scope for International Cooperation in this Context
12. Contributions to the Policy Forum have stressed the many benefits
that will result from the globalization of telecommunication services through
GMPCS – benefits which in many cases are already being provided by existing
mobile satellite systems.
- In a general sense, it is envisaged that these systems will ultimately
provide a complete range of narrow- and broad-band communication services
at any time, in any place, everywhere in the world. As such, they will
constitute an essential component of the "Global Information Infrastructure"
– in fact, they will ensure that it really is global.
- Enterprises which operate on a trans-national or global basis are expected
to be early adapters of GMPCS and to benefit from its services, particularly
from the availability of mobile applications in rural and remote areas,
in both developed and developing countries. Apart from telecommunications
itself, the broadcasting, transportation, tourism, energy, agriculture,
forestry and mining industries are examples of potential early beneficiaries
of GMPCS.
- The direct benefits which these organizations would derive from GMPCS
in terms of increased efficiency, productivity and competitiveness, as
in the enhancement of telecommunications services in general, would indirectly
benefit the economies in which they operate through effects such as increased
investment, employment and exports.
- International and regional organizations that operate "without
frontiers" may also be early beneficiaries of GMPCS services, particularly
when involved in disaster mitigation and relief and other humanitarian
actions in areas where conventional communication and information services
are either non-existent or have broken down.
- Apart from their trans-national, regional or global applications, GMPCS
services may, if they are affordable, bring benefits within national jurisdictions,
particularly in countries that have large land masses in relation to their
population and/or have poorly developed telecommunication infrastructures.
The principal benefits could include: support for economic development,
particularly in the industry sectors mentioned above; provision of at least
basic telecommunication services in under-served areas; and the extension
of government and social services to rural and remote areas.
13. At the same time, some contributions have expressed concerns about
the possible impact of GMPCS on national sovereignty and on national telecommunication
operators. These concerns have been expressed mainly by developing countries
and will be discussed in more detail in the following section of this report.
14. There is general agreement in contributions to the WTPF that cooperation
both at the international and regional levels is needed to facilitate the
development and deployment of GMPCS so as to ensure that the benefits of
GMPCS are maximized, while at the same time taking into account the sovereign
rights of countries. It is further agreed that this cooperative course
of action should:
- be based on a shared vision of the benefits of GMPCS;
- involve all GMPCS stakeholders, including national regulators, GMPCS
system operators and service providers, and GMPCS users;
- be pursued at the national level through the coordination of national
GMPCS policies and regulation, at the regional level through activities
of the various regional telecommunication organizations, and at the international
level through the activities of the ITU.
15. In order to capture this shared vision, it has been proposed
that one of the outputs of the Policy Forum should be an Opinion along
the lines of Draft Opinion No. 1
16. In order to provide a foundation for international cooperation in
the development and deployment of GMPCS, a number of contributions proposed
that the Policy Forum should adopt a set of voluntary principles which
could guide national regulators and be applied at their discretion as they
seek to develop GMPCS policies and regulations for application within their
national jurisdictions (hereinafter "voluntary principles").
These principles would not affect the sovereign right of States to regulate
their telecommunication, since they would neither be prescriptive nor have
binding force.
17. Some of the principles which have been proposed in members' contributions
are general and would apply to all of the items on the WTPF agenda. Others
would apply more specifically to the scope for international cooperation
on GMPCS, to the situation of developing countries, and to the licensing
and regulation of GMPCS services and terminals.
18. It has been proposed that one of the outputs of the Policy Forum
should be an Opinion embodying these voluntary principles, along the lines
of Draft Opinion No. 2
19. It has also been suggested that at least some governments might
want to give more formal expression to some or all of these principles
by entering into a memorandum of understanding or mutual recognition group
agreement.
20. Many contributions to the Policy Forum made reference to the important
role that the ITU Radiocommunication, Standardization and Development Sectors
are already playing in facilitating international cooperation in the development
of GMPCS. In addition to noting the importance of pursuing work which is
already underway, some contributions proposed that the ITU undertake new
activities to assist in the deployment of GMPCS systems.
21. It has been proposed that one of the outputs of the Policy Forum
should be an Opinion on the current activities of and the essential tasks
that must be undertaken by the ITU in the introduction of GMPCS, along
the lines of Draft Opinion No. 3
22. In light of these proposals, in relation to this issue, the Policy
Forum may wish to consider adopting Opinions which embody:
- a vision of the role that GMPCS could play in the development of global
telecommunications;
- a set of voluntary principles to guide national policy-makers and regulators,
as well as GMPCS system operators and service providers;
- guidelines for future work on GMPCS by the three ITU Sectors.
B. The Role of GMPCS Systems in the Provision of Basic Telecommunication
Services in Developing Countries, LDCs and in Rural and Remote Areas
23. Many contributions to the Policy Forum drew attention to the very
important role that GMPCS could play in developing countries, LDCs and
in rural and remote areas by:
- extending the availability of basic telecommunication services;
- providing access to the GII;
- providing emergency communications;
- facilitating access to government services;
- supporting economic and social development.
24. Some contributions also drew attention to a number of issues which
are of particular concern to some developing countries.
- Concern was expressed that because GMPCS systems are primarily privately-owned,
developing countries may not have an opportunity to participate in the
development of GMPCS systems and services, in the same way that they do
in traditional international satellite systems.
- Without developing country participation, there was concern that the
telecommunication products and services offered by GMPCS would not correspond
to the telecommunication needs of developing country consumers or their
ability to pay.
- Concern was also expressed that the unauthorized provision of GMPCS
services in developing countries could result in bypass of the PSTN and
loss of revenues for incumbent developing country operators.
- In the longer term, concern was expressed that developing country networks
would be unable to compete with future-generation broadband GMPCS systems
and services.
- Developing countries were concerned about the affordability of such
services. They believe that GMPCS operators and service providers should
work in close consultation with national regulators on tariff and user
price structures to promote the widest use of GMPCS services. Special service
charges may be warranted for developing countries and rural/remote areas.
25. On the basis of the contributions received and the results of regional
preparatory meetings, it does not appear that the concerns of developing
countries with respect to GMPCS require a special set of voluntary principles
to guide national policy-makers and regulators in these countries, that
would be different from those applied in developed countries. However,
a number of contributions proposed that within the framework of these general
principles, the circumstances of some developing countries (e.g. weak telecommunication
infrastructures, regulatory structures and economies) require approaches
to GMPCS service provision that are tailored to meet the needs of these
countries, and that it is in the interest of policy-makers and regulators
in these countries to develop these approaches in cooperation with GMPCS
system operators and service providers. The Draft Opinions presented in
Part III of this report attempt to take account of these concerns, particularly
as they were expressed in the reports of regional preparatory meetings.
26. Contributions have also suggested that regional telecommunication
organizations could support the implementation of GMPCS by:
- disseminating relevant information on GMPCS to developing countries
within their region;
- ensuring that the special concerns of developing countries in their
region are addressed by the ITU;
- studying the social and economic impact of GMPCS on developing countries
in their region.
27. In addition to these cooperative courses of action, contributions
to the Policy Forum have identified actions that should be taken by meetings
and programmes of the ITU's Telecommunication Development Sector to assist
developing countries, particularly the LDCs. These actions include:
- providing information on GMPCS;
- assistance with issues related to the licensing and regulation of GMPCS
systems, services and terminals;
- assistance in the areas of frequency management, tariffs, operations,
and network integration in relation to GMPCS.
28. In relation to this issue), it is therefore recommended that
the Policy Forum consider adopting Draft Opinion Nos. 2,
3 and 5
C. Measures Necessary to Achieve Transborder Use of GMPCS Terminals
29. This topic was very extensively discussed in contributions to the
Policy Forum.
- From the point of view of GMPCS operators, the value of the services
they offer and the benefits to countries which have authorized the provision
of these services will depend to a significant extent on the ease with
which their customers can use GMPCS terminals anywhere in the world, and
on the costs associated with "global roaming". Their contributions
suggest that many improvements can be made in this respect.
- From the point of view of national regulators in countries which have
authorized GMPCS services, it is important to ensure that the use of GMPCS
terminals does not cause harmful interference to other radio equipment
or harm to the telecommunications network. The development of trans-national
systems raises new challenges in this connection.
30. Contributions to the Policy Forum identified a number of impediments
to the transborder use of GMPCS terminals from these two points of view,
and proposed actions which could be taken to improve the situation in the
interests of both GMPCS operators and national regulators. These include:
- the type approval of terminals by national regulators on the basis
of international standards;
- innovative licensing schemes (e.g. "blanket licensing");
- reasonable license fees;
- the conclusion of agreements between countries on a bilateral, regional
or even global basis to provide mutual recognition of terminals that have
received type approval within participating countries or by means of a
mutual recognition group agreement;
- the establishment of reasonable customs requirements and import duties
when GMPCS terminals are brought into a country.
31. The majority of contributions to the Policy Forum expressed the
view that (except for normal interconnect and service charges) tariffs,
custom duties, and licensing fees should be minimized, or even eliminated,
in order to reduce impediments to transborder use and to enhance the early
introduction of GMPCS.
32. To deal with these issues, it has been proposed that the Secretary-General
convene an informal group of experts drawn from Administrations, operators
and other interested parties to initiate action leading to a framework
of agreements on the free circulation of GMPCS terminals, covering such
matters as type approval, licensing, marking and customs arrangements,
along the lines of Draft Opinion No. 4
33. Contributions to the Policy Forum also noted that there is already
a considerable amount of work underway in the ITU Radiocommunication and
Standardization Sectors that is related to these issues. In addition, some
contributions proposed the possibility of a new role for the ITU as the
international registry of GMPCS type approvals and mutual recognition agreements.
34. In relation to this issue, it is therefore recommended that the
Policy Forum consider adopting Draft Opinion Nos. 2
and 4
D. Policy and Regulatory Issues Relevant to GMPCS Systems and Services,
in Particular those Related to Interconnection, with a View to Achieving
Equitable and Standard Conditions of Access
35. There has been considerable discussion of this agenda item, not
only in contributions to the Policy Forum, but in other fora such as the
World Trade Organization (WTO). In addition to this report, participants
may find it worthwhile to consult the following reference sources:
- Resolutions of previous ITU conferences (e.g. Resolution 70 of WARC92
and Resolution 25 of WRC95);
- the reports of the Third ITU Regulatory Colloquium;
- the WTAC reports that were distributed to all ITU Members and members
in Circularletter No. 28 of 4 April 1996.
36. As in the case of the previous agenda item, there are different
points of view on the main issues related to the licensing and regulation
of GMPCS systems and services.
37. From the point of view of GMPCS system operators and service providers,
dealing with the fact that each national jurisdiction has its own set of
policies and regulations regarding such matters as the licensing of systems,
gateways, and services, and interconnection with the public telecommunications
network, represents an important part of the cost of doing business and
a substantial element of risk. In their contributions, GMPCS system operators,
service providers and terminal suppliers have indicated the following:
- they would like to see a significant harmonization of national policy
and regulatory approaches in these areas;
- in order to maximize their chances of success in what is expected to
be a highly competitive business, they would like open, equitable and non-discriminatory
access to national markets for all GMPCS operators;
- given the high financial risks associated with GMPCS in its start-up
phase and the limited market penetration which they expect in the early
days of service provision, they would like GMPCS regulation to be as light
and as transparent as possible.
38. Some regulators, particularly from developed countries, appear ready
to endorse the regulatory policies outlined in the previous section, provided
they are accommodated through a "non-prescriptive, non-binding"
course of cooperative action. In their contributions to the Policy Forum,
they have proposed that this could be done through the voluntary adoption
by national policy-makers and regulators of a common set of principles
covering matters such as:
- GMPCS system, gateway and service licensing;
- the scope of GMPCS regulation and competition; and
- interconnection with the PSTN.
39. Other regulators, particularly from developing countries, have expressed
reservations about a fully open, competitive approach to the introduction
of GMPCS in their jurisdictions.
- Some of these are the general concerns enumerated in paragraph 24 of
this report (e.g. the lack of developing country participation in the ownership
of GMPCS, the threat that unauthorized use of GMPCS will result in significant
by-pass of the PSTN with a resulting loss of revenues).
- In addition, other concerns have been expressed about the potential
implications of adopting an open, competitive approach to the licensing
and regulation of GMPCS in other areas of national telecommunications policy
(e.g. What would be the impact of such an approach on a country's general
policy regarding competition in the provision of telecommunication services?
How would it affect policies regarding universal service obligations? How
could national security and users' privacy be protected?).
40. In response to these concerns, some contributions suggested that
it would be good business practice for GMPCS operators, service providers
and terminal equipment suppliers to engage policy makers and regulators
in discussions to learn about the varying policy and regulatory conditions
prevailing in different countries and to offer constructive proposals as
to how these conditions can be addressed when introducing GMPCS in each
country.
41. Taking these different perspectives into account, some regulators
from both developed and developing countries expressed the view that whilst
the unique features of GMPCS require increased international and regional
cooperation, it was likely that GMPCS would be licensed in their countries
within existing or planned frameworks, e.g. for cellular or international
services. Following from regulators' obligation to ensure equal treatment
of all service providers, they were of the view that GMPCS should be regulated
in the same way as other comparable services.
42. In responding to the different points of view on this agenda item
that have been expressed in contributions to the WTPF, the fundamental
challenge facing Policy Forum participants will be to identify a set of
voluntary principles which strike an appropriate balance between
- the right of sovereign nations to regulate their telecommunications
within the framework of their national policies, and
- the need expressed by GMPCS system operators and service providers
to be granted open, fair and competitive access to national markets under
transparent and non-discriminatory regulatory procedures.
43. As well as identifying the need for such a set of voluntary principles
related to the licensing and regulation of GMPCS systems and services,
contributions to the Policy Forum have drawn attention to a number of activities
underway in the ITU Standardization Sector which will facilitate the actions
of national regulators in this regard. These activities include work on:
- the standardization aspects of interconnection and network access;
- tariffing principles and methodologies.
44. In relation to this issue, it is therefore recommended that the
Policy Forum consider adopting Draft Opinion Nos. 2,
3 and 5
Part
III – Draft Opinions Concerning GMPCS
The draft opinions presented in this part of the report have been prepared
with the assistance of an informal group of experts, each of whom has been
involved in preparations for the Policy Forum in his or her own country
and region. Collectively, this group represents a broad cross-section of
ITU Member States from both developed and developing countries and different
regions of the world.
The draft opinions prepared by this group represent a 'best effort'
to harmonize and synthesize the contributions of ITU State Members and
Sector Members to the Policy Forum in a form which is at once compact,
comprehensive and manageable within the limited time available to the forum.
Draft Opinion No.
|
Title
|
1
|
The Globalization of Telecommunication Services and Global
Mobile Personal Communications by Satellite (GMPCS) |
2
|
The Shared Vision and Principles for Global Mobile Personal
Communications by Satellite (GMPCS) |
3
|
Essential Studies by the ITU to Facilitate the Introduction
of Global Mobile Personal Communications by Satellite (GMPCS) |
4
|
Establishment of a Memorandum of Understanding to Facilitate
the Free Circulation of Global Mobile Personal Communications by Satellite
User Terminals (GMPCS-MoU) |
5
|
Advice to Developing Countries on the Implementation of GMPCS
|
The Globalization of Telecommunication Services and
Global Mobile Personal Communications by Satellite (GMPCS)
The First World Telecommunication Policy Forum (Geneva 1996)
considering
that, pursuant to the basic provisions of the Constitution of the ITU,
the purposes of the Union include:
- the maintenance and extension of international cooperation between
all Members of the Union for the improvement and rational use of telecommunications
of all kinds,
- promotion of the development of technical facilities and their most
efficient operation with a view to improving the efficiency of telecommunication
services, increasing their usefulness and making them so far as possible
generally available to the public,
- promotion of the extension of the benefits of the new telecommunication
technologies to all the world's inhabitants
recognizing
- that the emergence of the global information economy and society results
from technological progress and the globalization of telecommunication
services;
- that rapid changes in the telecommunication environment and technological
progress have led to the development of new telecommunication concepts,
including mobile-satellite networks intended to provide global coverage
through portable, hand-held terminals;
- that such services will be provided increasingly on a trans-national
basis;
- that the development of harmonized policies for global telecommunication
systems and the nature of national regulatory responses to such systems
are among the most important and difficult new issues facing the ITU and
its membership;
- that new technologies such as those used by GMPCS systems promise to
extend some of the benefits of such systems to developing countries as
part of an overall objective of achieving sustainable global development;
- that a range of GMPCS systems will provide mobile or fixed services
using non-geostationary orbits (NGSO) and the geostationary orbit (GSO);
recognizing further
- that low capacity GMPCS systems are already being deployed and entered
into service;
- that additional higher capacity GMPCS systems are currently being developed
to provide high capacity fixed and mobile information services to the world
community in the next several years;
- that in addition to the systems currently being developed others will
probably be introduced to meet emerging global and domestic telecommunication
requirements;
conscious
- that GMPCS systems built and financed largely by private investment
offer advanced telecommunication services that would otherwise be cost
prohibitive to develop or operate by many Administrations especially those
of developing countries;
- that while GMPCS systems provide telecommunication infrastructure opportunities
to the global community, particularly where terrestrial infrastructures
are limited or nonexistent, utilization cost should be set at a level
that would make this service widely available, especially to developing
and least developed countries;
- that GMPCS systems are being designed with a variety of access technologies
and capabilities;
conscious further
- that the existence of multiple GMPCS systems creates competition that
should reduce costs and increase service options;
- that domestic providers of GMPCS services in each country should contribute
to the creation of jobs and economic growth;
- that past experience has shown that new telecommunication services,
such as cellular, have substantial growth and revenue generation potential
which benefits the domestic provider, the system operator and the domestic
public network;
- of broad support given to the development of GMPCS systems by past
ITU conferences;
is of the view
- that globalization of telecommunication services will continue and
will benefit the user;
- that early implementation of GMPCS systems would offer the potential
for further telecommunications development for all countries;
- that, from the practical point of view, the current GMPCS system designs
and service features will be those that will be available in the near future;
invites
- national regulatory authorities, system developers and potential users
to work cooperatively within the ITU to facilitate the early introduction
of GMPCS;
- the SecretaryGeneral, subject to the availability of funds, to
provide periodic information reports to the membership regarding the introduction
and operation of these new GMPCS systems.
The Shared Vision and Principles for
Global Mobile Personal Communications by Satellite (GMPCS)
The First World Telecommunication Policy Forum (Geneva, 1996),
recognizing
- the benefits of Global Mobile Personal Communications by Satellite
(GMPCS), particularly to developing countries and remote areas;
- of the sovereign right of each member to regulate its telecommunications;
conscious
that these benefits would be achieved at the earliest opportunity through
international cooperation, including through the ITU, in facilitating the
early introduction of GMPCS;
recognizing further
- that a variety of GMPCS systems are in the process of development and
implementation;
- that GMPCS operators expect to enjoy active ownership participation
by entities from many countries and have established many national partnerships;
- that these GMPCS operators are actively engaged with many national
authorities around the world regarding licensing and service conditions;
believing
that timely action by national regulatory authorities in licensing GMPCS
systems will go far to promote the global availability of GMPCS,
believing also
that the availability of voluntary principles will be of great assistance
to national regulatory authorities in the discharge of their responsibilities;
declares
its shared vision that the benefits of GMPCS be made available on a
truly global basis,
fully aware
- that the sovereign right of each state to regulate its telecommunications,
as reflected in the Constitution of the ITU, applies to GMPCS, as to other
telecommunication systems and services;
- that the provision of telecommunications services within or from each
country using GMPCS requires authorization of the country concerned;
offers
a set of voluntary principles for national regulators to consider in
making their decisions about the introduction of the GMPCS service in their
countries, as follows:
Principle 1 – Early Introduction
In exercizing their sovereign rights, States may, in the context of
their national priorities, wish to facilitate the early introduction of
GMPCS services, in order to allow people everywhere to share in its benefits.
Principle 2 – International Cooperation
The early introduction of GMPCS and the full realization of its benefits
is likely to be facilitated if national policymakers and regulators,
in developing their domestic policies, cooperate to achieve compatibility
of such policies to this effect:
- action at the international and regional levels, particularly in connection
with issues related to user terminal licensing and free circulation; and
- in the context of other important ITU work, acceleration and coordination
of work underway in the ITU Sectors and of frequency coordination pursuant
to ITU procedures.
Principle 3 – Global Service Availability
The potential of GMPCS to provide services to all areas of the world,
including those currently without access to even the most basic telecommunications,
is most likely to be realized by simplified regulations and practices.
To this effect:
- within the limits of spectrum availability and the framework of their
national telecommunications policy, national policymakers should consider
the benefits of avoiding the exclusion of GMPCS systems from their market,
in order to maximize competition in the provision of GMPCS services;
- GMPCS system operators and service providers should avoid any discrimination
among different countries or categories of users except where this is justified
by specific technical or economic considerations.
Principle 4 – GMPCS Regulation
National regulators should, in a timely manner, consider the benefits
of creating a simplified, non-discriminatory and transparent regulatory
environment, particularly with respect to such matters as service license,
gateway station authorization, interconnection arrangements and user terminals,
in which GMPCS services are regulated only to the extent necessary and
can be provided under commercially reasonable conditions which:
- foster competition between service providers,
- offer affordable prices to the customer and efficient operations to
expedite the introduction of basic telecommunications services or improve
access to them,
Principle 5 – Investment Participation
Opportunities for wide multinational participation in the equity ownership
of GMPCS systems and services should be encouraged, so that GMPCS development
is accelerated through global cooperation and partnership.
Principle 6 – Unauthorized Use
Each system operator should take steps to inhibit the use of the system
in any country which has not authorized GMPCS service.
Principle 7 – User Terminals and Free Circulation
User equipment, including handsets, should be nationally approved on
the basis of standards specific to each system and such other relevant
international or regional standards, and licensed through general approvals
of equipment types. International arrangements, (bilateral or where appropriate
multilateral) should be developed to achieve compatibility in terminal
approvals, facilitate unrestricted international circulation of terminals,
and encourage global roaming.
Principle 8 – Universal Access
The global or near global character of GMPCS should permit the provision
of basic telecommunication services particularly in those rural and remote
areas which may not be reached in an economical way by other means. This
is of particular interest to developing countries and may be achieved through:
- provision of capacity at reasonable cost by GMPCS operators;
- offering transit tariffs by gateway operators and others involved in
the provision of GMPCS services at reasonable cost, and
- active participation of developing countries in GMPCS systems.
Principle 9 – Interconnectivity
National regulators and GMPCS operators should cooperate in ensuring
interconnectivity between GMPCS systems and between these systems and public
networks in order to enhance the availability, quality, and profitability
of their services and to facilitate the provision of universal service,
as well as competition among GMPCS systems and service providers.
invites
- 1. national regulatory authorities to take these principles into account
when licensing GMPCS operators and providing for GMPCS in their respective
countries;
- 2. GMPCS system operators and service providers to take these principles
into account in operating their systems.
Essential Studies by ITU to Facilitate
the Introduction of Global Mobile Personal
Communications by Satellite (GMPCS)
The First World Telecommunication Policy Forum (Geneva, 1996)
recognizing
- that important technical and regulatory provisions were adopted by
WARC-92 and WRC-95 permitting the implementation of Global Mobile Personal
Communications by Satellite (GMPCS);
- that the ITU Sectors should undertake further studies to facilitate
the introduction of GMPCS on a truly global basis;
invites the three ITU Sectors
each for matters within its competence, to initiate new studies or pursue
the current ones, and reach conclusions as soon as practicable, to facilitate
the introduction of GMPCS on a global basis, particularly with respect
to:
- in the ITU-R, compatibility between GMPCS systems and between them
and other radiocommunication services,
- in the ITU-T, matters relating to standards that may be common to different
GMPCS systems,
- in the ITU-D, taking account of the needs of developing countries to
gain access to GMPCS, assist developing countries in taking appropriate
measures to introduce GMPCS to their domestic telecommunications networks;
urges members of the Sectors concerned
to place special priority on their contributions to ITU activities relating
to GMPCS in order for the ITU to be able to provide its essential expertise
towards the rapid implementation of GMPCS on a global basis.
Establishment of a Memorandum of Understanding
to Facilitate the Free Circulation of
Global Mobile Personal Communications by Satellite User Terminals (GMPCS-MoU)
The First World Telecommunication Policy Forum (Geneva, 1996),
considering
- that, thanks to their global or nearly global coverage, GMPCS systems
are capable of providing services in urban areas as well as in remote areas
of the world and, consequently, advanced telecommunication services may
become available in these areas for the benefit of all countries, and in
particular, developing countries;
- that the possibility of being able to operate GMPCS terminals without
geographical constraint will be one of the most attractive features for
potential users;
- that, on the other hand, the possibility of being able to operate GMPCS
terminals without geographical constraint raises some regulatory concerns
with regard to "free circulation";
- that free circulation of user terminals needs to be considered at three
levels:
- permission to carry a terminal into a visited country but not to use
it;
- permission to carry a terminal into a visited country and to use it
without the need for obtaining authorization in the visited country; and
- permission to place terminals on the market;
- that, as defined above, the free circulation involves matters that
are normally within the competence of telecommunication regulators and
others which are of the competence of other ministerial departments;
- that to facilitate levels 1 and 2 of free circulation, there may be
a need for arrangements between custom administrations in order to facilitate
custom clearance for users intending to use their terminals in the visited
country or transiting to another country;
- that to facilitate level 3 of free circulation, it will be necessary
to reach agreement on mutual recognition of type approval of terminals;
- h) that to facilitate level 2 of free circulation, it will be necessary
to reach agreement on the mutual recognition of type approval and licensing
of terminals;
considering also
- that this Forum has invited national regulatory authorities and system
operators to work cooperatively to facilitate the introduction of GMPCS;
- that a number of voluntary principles have been identified by this
Forum to facilitate the implementation of GMPCS;
- that bilateral or multilateral agreements will be required to achieve
compatibility of terminal approvals to facilitate unrestricted free circulation
of terminals and roaming;
- that some regional telecommunication organizations have already begun
to address many of these issues;
- that these issues need to be addressed by Administrations in consultation
with system operators, service providers and manufacturers;
considering further
- that some GMPCS systems are already in operation and that others will
be brought into operation shortly, as of 1998;
- that urgent action is, therefore, required to facilitate the free circulation
of terminals;
- that the early introduction of GMPCS services will be facilitated by
a commonly agreed, and regularly reviewed and updated, GMPCS-MoU, to be
used as a framework for agreements on free circulation of terminals,
- that this GMPCS-MoU should be open for signature by all Administrations,
GMPCS operators, service providers and manufacturers, and operate independently
from the ITU;
- that the development of a GMPCS-MoU would be a complementary and supplementary
activity which should not delay or postpone any GMPCS service licensing
negotiations that are being undertaken on a bilateral basis between operators
and Administrations;
offers
the draft GMPCS-MoU annexed to this Opinion for comment without commitment;
requests the Secretary General
- to circulate the annexed draft GMPCS-MoU to Administrations, GMPCS
operators, service providers, manufacturers, and members of the ITU Sectors,
with an invitation to comment by [22 November 1996];
- to convene during [25 to 27 November 1996] an "informal group"
of Administrations, GMPCS operators, service providers, and manufacturers
to consider the comments received and finalize the GMPCS-MoU;
- to circulate the finalized GMPCS-MoU to Administrations, GMPCS operators,
service providers, manufacturers, and members of the ITU Sectors, with
an invitation to sign;
- to host the first meeting of the signatories to the GMPCS-MoU, in early
1997, in order to begin work on agreements relating to free circulation
of terminals as specified in the Articles of the MoU;
encourages
Administrations, GMPCS operators, service providers and manufacturers
to sign the MoU, and participate actively it its work, with a view to completing
the initial set of agreements by 1 July 1997.
Annex to draft
Opinion N° 4
Draft Memorandum
of Understanding to Facilitate the Free Circulation of Global Mobile Personal
Communications by Satellite User Terminals (GMPCS-MoU)
Convinced of the need to reach regional, or preferably global, agreements
on issues related to the three levels of free circulation of user terminals
defined as follows:
- permission to carry a terminal into a visited country but not to use
it;
- permission to carry a terminal into a visited country and to use it
without the need for obtaining authorization in the visited country; and
- permission to place terminals on the market;
that such agreements would necessarily include the conditions pursuant
to which Administrations would grant mutual recognition of type approval
of terminals, mutual recognition of terminal licensing, recognize the marking
of terminals, and permit terminals to be placed on the market; and that
such agreements could form the basis of national regulations on these matters,
or be implemented by reference;
the Parties to this Memorandum of Understanding hereby agree to cooperate,
according to their respective roles and competencies on the following issues:
Article 1 – Type Approval of Terminals
The Parties shall develop agreements on the essential requirements necessary
for the type approval of terminals, and the means by which such approvals
shall be mutually recognized. That the type approval standards should be
based on the relevant ITU-R Recommendations, and should be impartial with
respect to all GMPCS technologies, and without reference to performance
or quality of service standards.
Article 2 – Licensing of Terminals
The Parties shall develop agreements on the means by which terminals
shall be licensed. That such licensing shall be based on class licenses
or blanket approvals. That the agreements shall include the means by which
these licenses shall be mutually recognized.
Article 3 – Marking of Terminals
The Parties shall develop agreements on the marking of terminals which
will permit their recognition and the implementation of the agreements
on mutual recognition of type approval and licensing.
Article 4 – Customs Arrangements
The Parties shall develop recommendations in order to exempt terminals
from customs restrictions when visiting or transiting countries.
Article 5 – Review
The Parties shall periodically review the results and consequences of
their cooperation under this Memorandum of Understanding. When appropriate
the Parties will consider the need for improvements in their cooperation
and make suitable proposals for modifying and updating the agreements.
Done in Geneva:
[date]
signed:
DRAFT OPINION
No. 5
Advice to Developing Countries on the Implementation
of GMPCS
The First World Telecommunication Policy Forum (Geneva, 1996)
recognizing
that GMPCS systems offer significant benefits to the public both in
the developing and developed countries;
recognizing further
that while the benefits and potential of GMPCS have not been challenged,
nevertheless some countries may have concerns about the political, economic,
social and cultural impacts of the emerging new systems;
considering
- that GMPCS systems built and financed mainly by private investors will
offer advanced telecommunications services that would otherwise be cost
prohibitive to develop or operate by many Administrations, especially in
developing countries;
- that developing countries stand to benefit from these advanced services
and in particular where terrestrial infrastructure is limited or non-existent;
- that GMPCS has the potential of narrowing the existing gap in the provision
of telecommunications services between developed and developing countries;
considering further
- that developing countries ought to benefit from the introduction of
the latest technology in the field of telecommunications;
- that these countries face unique problems such as the lack of, or minimal,
interconnectivity between terrestrial networks, however, initiatives are
being taken in order to interconnect developing countries through submarine
cables, fibre optic cables, microwave links, satellite, etc.
- that terrestrial connectivity is essential when introducing GMPCS in
order to ensure that good quality service is maintained;
conscious
- that for GMPCS services to be truly global, the participation of developing
countries is essential;
- that there is concern that the charges for access and utilization of
GMPCS services may well be beyond the means of the local populace in developing
countries, particularly those that live in rural and remote areas;
of the view
- that it would be useful to study the impacts of the new systems and
to identify the net benefits that developing countries may derive from
them;
- that the ITU could help developing countries by preparing a checklist
of factors which they should take into account in the process of implementing
GMPCS;
urges
- GMPCS system operators, gateway operators, and service providers to
take reasonable steps to ensure that their access and utilization charges
are set at a level that would make this service as widely utilized as possible
including in rural and remote areas and areas lacking conventional infrastructure
in developing countries, taking into account the cost of providing service
and the economic situation in developing countries;
- GMPCS system operators consider providing some capacity at reasonable
cost in support of service provision to areas lacking conventional infrastructure
in developing countries;
- GMPCS gateway operators to consider offering transit tariffs at reasonable
cost in support of service provision to rural and remote areas in developing
countries;
invites the Director of the BDT, in liaison with the Directors of
the other Bureaux
to make arrangements for experts from the three Sectors, especially
from developing countries, to provide, in liaison with the relevant Study
Groups, advice and assistance in reponse to the concerns and needs of developing
countries on the technical, regulatory and operational issues associated
with the introduction of GMPCS on a global or regional basis, particularly
in relation to tariffs and interconnectivity;
urges
developing countries to communicate their concerns and needs to these
experts.
ANNEXES
The following annexes summarize proposals made in Members' contributions
elaborating on the voluntary principles listed in Draft Opinion No. 2,
as well as with respect to areas where action by relevant ITU meetings
could facilitate the development and introduction of GMPCS.
This material is presented as background information for Policy Forum
participants.
The Globalization of Telecommunication Services
Resulting from GMPCS and the Scope for International Cooperation in this
Context
Subsidiary Voluntary Principles to Facilitate
the Development and Early Introduction of GMPCS |
Areas Where Action by Relevant ITU Meetings Will Facilitate
the Introduction of GMPCS |
Voluntary Principles |
Benefits to National Regulators, GMPCS Operators, Service
Providers and Users |
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Recognizing the sovereign right of national authorities to regulate
their telecommunications, regulatory policies should be developed so as
to foster international cooperation and compatibility with respect to those
policies and thus facilitate timely deployment of GMPCS and full realization
of the economic and social benefits.
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Prior agreement with the government regarding the provision of services
within and with each individual country using a GMPCS space segment recognizes
the sovereign rights of countries, assures that the provision of service
in each country is lawful, and fosters a cooperative business environment
International cooperation and compatibility of regulatory policies
will help minimize the delays and inefficiencies that would result from
multiple country space segment licensing.
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Spectrum allocation, coordination procedures, and sharing studies
Numbering
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When licensing GMPCS space segment or gateway operators, effective
participation by foreign investors in the equity of the system should be
permitted, rather than limiting such participation to nationals
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Opportunities for equity participation that are widely available to
foreign investors enhances early implementation of GMPCS and offers broadbased
economic benefits.
The question of national ownership participation in gateway stations
will be most efficiently resolved if it is left to commercial decision-making
by GMPCS operators and their local partners.
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The Role of GMPCS Systems in the Provision
of Basic Telecommunication Services in Developing Countries, in LDCs and
in Rural and Remote Areas
Subsidiary Voluntary Principles to Facilitate
the Development and Early Introduction of GMPCS |
Areas Where Action by Relevant ITU Meetings Will Facilitate
the Introduction of GMPCS |
Voluntary Principles |
Benefits to National Regulators, GMPCS Operators, Service
Providers and Users |
|
As a complement to national services, developing countries should consider
global, regional or sub-regional approaches to the introduction of GMPCS
that involve the participation of developing countries and take into account
their specific needs
In order to make GMPCS services viable and affordable in rural and
remote areas, gateway operators and others involved in the provision of
such service should consider offering preferential transit tariffs to such
areas in developing countries and LDCs
GMPCS system operators should provide some capacity at preferential
affordable tariffs to extend services to areas lacking conventional infrastructure
in developing countries and LDCs
Developing countries should participate in the standardization of GMPCS
terminals to ensure that they are affordable and interwork with terrestrial
cellular systems.
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Service packages that take into account the requirements of developing
countries will improve the potential benefits and marketability of GMPCS
systems
The involvement of local business partners and service providers should
assist in the early introduction of GMPCS services and enhance their benefits
The identification of the key components of GMPCS licensing agreements
in terms of the requirements of developing country regulators, GMPCS system
operators and service providers should expedite the early approval of such
systems.
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Provision of information for developing countries on GMPCS systems
and services
Convening of information seminars and meetings to aid in understanding
the benefits and implications for developing countries of the early introduction
of GMPCS
Work in ITU-D study groups on policy, regulatory, network planning,
and economic issues related to the impact of the introduction of GMPCS
in developing countries
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Measures Necessary to Achieve Transborder Use of
GMPCS Terminals
Subsidiary Voluntary Principles to Facilitate
the Development and Early Introduction of GMPCS |
Areas Where Action by Relevant ITU Meetings Will Facilitate
the Introduction of GMPCS |
Voluntary Principles |
Benefits to National Regulators, GMPCS Operators, Service
Providers and Users |
|
User equipment, including handsets, should be type approved by national
authorities on the basis of relevant international standards, or regional
standards if international standards are not available, and licensed on
the basis of type approvals ("blanket licenses" ) rather than
through individual licenses for each and every one of the terminals that
will be used by GMPCS customers.
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Conformity of GMPCS terminals with relevant ITU Recommendations should
facilitate type approval and licensing by national authorities, enhance
competition in the provision of terminal equipment, simplify the introduction
of cross-border and global roaming capabilities, and enhance local revenue
growth for equipment and service providers.
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Standards relating to interference and network access
Some contributions also foresaw the possibility that the ITU could
become the international registry for type approval/mutual recognition
agreements.
|
National authorities should endeavour through appropriate international
arrangements (bilateral or where appropriate multilateral) to achieve compatibility
and mutual recognition in their terminal approvals in order to facilitate
unrestricted international circulation of terminals.
|
|
|
National authorities should encourage global roaming and transborder
use of GMPCS terminals by adopting specific regulatory measures where necessary
to facilitate it.
|
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Policy and Regulatory Issues Relevant to GMPCS Systems
and Services, in Particular those Related to Interconnection, with a View
to Achieving Equitable and Standard Conditions of Access
Subsidiary Voluntary Principles to Facilitate
the Development and Early Introduction of GMPCS |
Areas Where Action by Relevant ITU Meetings Will Facilitate
the Introduction of GMPCS |
Voluntary Principles |
Benefits to National Regulators, GMPCS Operators, Service
Providers and Users |
|
In exercising their sovereign rights, national policy-makers should
consider the benefits of avoiding the exclusion of GMPCS systems from their
market and seek to maximize competition in the provision of GMPCS services,
within the limits of spectrum availability and the framework of their national
telecommunications policy.
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In line with these principles, the early licensing and
introduction of GMPCS services will be facilitated if:
any discrimination among different countries or categories of users
is avoided by GMPCS system operators and service providers, except where
this is sufficiently justified by specific technical or economic considerations
or constraints;
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Standardization aspects of interconnection, network access, and network
service quality
Tariffing principles and methodologies for international telecommunication
services
|
GMPCS systems, services and facilities should only be regulated to
the extent necessary to achieve national policy goals.
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anti-competitive business practices are avoided during and after the
introduction of GMPCS services;
|
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National regulatory policies should be independent, open and transparent.
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relevant GMPCS information required by national authorities to carry
out their licensing and regulatory functions are disclosed in a timely
fashion;
|
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Interconnection and access by GMPCS system operators and service providers
to terrestrial facilities and public networks should be provided on a fair,
commercially reasonable and non-discriminatory basis.
|
international standards and practices for interconnection and network
access are taken into account by national regulators and GMPCS system operators
and service providers.
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