[kictanet] Fwd: Open Forum : ITU periodic review of the ITRs in 2017

Wed Dec 21 01:51:14 EAT 2016

---------- Forwarded message ----------
From: Elizabeth Oluoch via Internet Society <Mail at connectedcommunity.org>
Date: Mon, 19 Dec 2016 14:09:26 +0000
Subject: Open Forum : ITU periodic review of the ITRs in 2017
To: otieno.barrack at gmail.com

== Please, reply above this line ==

Dear Members,

As you may be aware, the ITU will begin a review of the International
Telecommunication Regulations
<https://www.itu.int/en/wcit-12/Pages/itrs.aspx> (ITRs) next year
through an Expert Group on the ITRs
<https://www.itu.int/en/council/eg-itrs/Pages/default.aspx> (EG-ITR).
The first meeting of this group will take place in Geneva on February
9-10. The Members of the ITU Council
<https://www.itu.int/en/council/Pages/members.aspx> called for this
review in Council Resolution 1379 (attached) based on guidance from
2014 Plenipotentiary Conference, Resolution 146 on the Periodic review
and revision of the ITRs.

The review will begin in 2017 and will take into account new trends in
telecommunications/ICT, emerging issues and obstacles that may arise
from the implementation of the 2012 ITRs and WCIT-12 Resolutions and
Recommendations.

Key aspects of the EG-ITR:

the EG-ITR is open to Member States and Sector Members and
contributions will be accepted from both groups including from the
Directors of the three Bureaus by January 25th;

the EG-ITR will be chaired by Fernando Borjn (Mexico), the Chairman of
ITU Plenipotentiary 2010 and 6 Vice Chairs
<https://www.itu.int/en/council/Pages/proposed-VC.aspx>, one from each
region;

the Terms of Reference (ToR) for the EG-ITR are defined by Council
Resolution 1379 on EG-ITRs (see attachment).The ToR state that the
review should include among others:

a). an examination of the 2012 ITRs to determine its applicability in
a rapidly evolving international telecommunication environment, taking
into account technology, services and existing multilateral and
international legal obligations as well as changes in the scope of
domestic regulatory regimes;

b). Legal analyses of the 2012 ITRs;

c). Analyses of any potential conflicts between the obligations of
signatories to the 2012 ITRs and signatories to the 1988 ITRs with
respect to implementation of the provisions of the 1988 and the 2012
ITRs.

the EG-ITR will submit a progress report to the 2017 Session of ITU
Council and a final report to the 2018 Session of ITU Council (18-27
April 2018). Following Councils examination, the final EG-ITR report
will be submitted with any of Councils comments to Plenipotentiary
2018 where ITU Members will determine whether or not an update or
revision is needed to the 2012 ITRs.

ISOCs role/perspectives:

A key question surrounding the ITR review is whether it will re-open
some of the debates on the expansion of the treaty to include
regulations of the Internet. The Internet Societys perspective is that
the ITRs should help facilitate global telecommunications and should
not interfere with the continued innovation and evolution of
telecommunications networks and the Internet. And so it is worth
considering whether stirring up some of the controversial issues is a
desirable trajectory for a treaty where consensus will be important.

As a Sector Member of the ITU, we plan to be engaged in and follow
this process to review the existing ITRs.  ITU Resolution 146 (Rev.
Busan 2014) and Council Resolution 1379 both set out clear guidelines
on the scope and mandate of the EG-ITR; it will be important that the
work of this group remain within these boundaries. Furthermore, the
openness and transparency in this process is crucial for the
legitimacy of the outcome. We hope that the review process is open and
transparent and that it fosters dialogue and collaboration in order to
find common solutions and share best practices.

 About the ITRs:

The ITRs are a binding treaty that was adopted at the 1988 World
Administrative Telegraph and Telephone Conference (WATTC-88) and came
into force in 1990. The ITRs set out the rules for the exchange of
telecommunications traffic across borders with the goal of promoting
international interconnection and interoperability.  A revision to the
1988 ITRs occurred in 2012 at the World Conference on International
Telecommunication (WCIT) in Dubai. Some of the amendments that were
perceived by some Member States as expanding the ITUs role in Internet
governance were not accepted by those states, with the result that 89
of the 114 Member States
<https://www.itu.int/osg/wcit-12/highlights/signatories.html> present
signed the ITRs and 55 Member States refused to sign. Depending on
inputs from the ITU membership, the ITR review process might also
consider some of the limitations that may motivate non-signatories not
to accede to the 2012 ITRs as well as those that motivated Member
States not to
 sign.

 Useful Links:

1988 International Telecommunication Regulations
<https://www.itu.int/pub/T-REG-ACT-1988>

2012 International Telecommunication Regulations
<https://www.itu.int/en/wcit-12/Documents/final-acts-wcit-12.pdf>

Treaty Signing Process Explained
<https://www.itu.int/en/wcit-12/Pages/treaties-signing.aspx>

We will keep you informed of developments /progress on this EG-ITR.
Please stay tuned for more information.

Regards,

------------------------------
Elizabeth Oluoch
Policy Advisor
Internet Society
Email: Oluoch at isoc.org
Direct: + 1 703 439 2138
------------------------------

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