International Telecommunication Regulations

The Plenipotentiary Conference of the International Telecommunication Union (Minneapolis, 1998),

noting

a) that Article 2 of the Constitution describes the International Telecommunication Union as an intergovernmental organization in which Member States and Sector Members, having well-defined rights and obligations, cooperate for the fulfilment of the purposes of the Union;

b) that the ITU strategic plan, under its first general goal D.1 "to strengthen the multilateral foundations of international telecommunications", calls for action to decide on the need to review the International Telecommunication Regulations (ITR) in order to take account of developments in the telecommunication environment;

c) that, as a result of worldwide trends in the provision of telecommunication and information technology services, many telecommunication networks are now privately owned and operated, and significant competition has been introduced at the national, regional and international levels,

considering

that these trends are evident in many countries at all stages of development, which see these changes as an effective way forward in developing telecommunication networks and services to the benefit of their overall economic and social development,

believing

that in order for ITU to maintain its effectiveness as the pre-eminent competent and cooperative body in world telecommunications, ITU must continue to demonstrate its capacity to respond adequately to the rapidly changing telecommunication environment,

recognizing

a) that many Member States have, in addition to their binding ITU commitments, made binding multilateral commitments to expand trade in telecommunication services and have adopted progressive liberalization policies as a means of promoting world economic growth and development;

b) that consistent with the sovereign right of each State to regulate its national telecommunications, many Member States have national regulatory regimes and laws that restrict their ability to direct recognized operating agencies in the conduct of their commercial activities,

a) that the relationship between Member States and recognized operating agencies has, for some Member States, changed substantially in the ten years since the International Telecommunication Regulations were adopted in Melbourne in 1988;

b) that other relevant multilateral treaty obligations are considered by some Member States to limit their ability to apply strictly the Regulations that they agreed in good faith in 1988;

c) that Member States remain committed to complying fully with their obligations under international treaties;

d) that the Constitution and Convention of the Union, with respect to the International Telecommunication Regulations, should accurately reflect the relations between Member States, Sector Members, administrations and recognized operating agencies,

resolves to instruct the Secretary-General

in consultation with the Director of the Telecommunication Standardization Bureau and a balanced group of appropriate experts appointed by the Council:

1 to undertake an exploratory study of the evolution of the respective roles and responsibilities of Member States and Sector Members (or recognized operating agencies) as regards the regulation and operation of international telecommunication services;

2 to consider the wider context of multilateral treaty obligations that affect ITU Member States and those they regulate;

3 to review the extent to which the current needs of Member States are reflected in the basic instruments of the Union and in particular the International Telecommunication Regulations;

4 to report to the Council on the above points, by no later than the year 2000, and to advise the Council of any action that the Union could decide to take, including the convening of a world conference on international telecommunications, in order to define further the relations between Member States and recognized operating agencies as regards the regulation and operation of international telecommunication services,

resolves to instruct the Council

1 to consider the report of the Secretary-General and decide what actions, if any, should be taken on these issues in the period before the next plenipotentiary conference;

2 to report to the next plenipotentiary conference on any actions taken and any actions recommended,

invites the next plenipotentiary conference

to consider convening, at an appropriate date, a competent conference to revise the International Telecommunication Regulations.