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Committed to Connecting the World
International Regulatory Debates
Brief on WCIT and GSR
INFOFEST 2012
BUDVA/Montenegro
Jaroslaw PONDER
Europe Coordinator
www.itu.int/itu-d/EUR
Europe Coordination Unit
International Telecommunication Union
International
Telecommunication
Union
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Background
Why the ITRs are important
The need to revise the ITRs
Preparatory process
Some key proposals
Some myths
Expectations for WCIT-12
Useful information and links
How does ITU affect your life?
Background 1/6
 The keyboard on your mobile phone
 Your telephone number
 The identifier that allows your mobile phone to roam
 MPLS compression standards
 Cable and xDSL modems
 Standards for backbone networks, in particular fiber optical
 the “s” in HTTPS
 Frequencies used by WiFi, mobile phones, GPS, etc.
 Satellite slots
 And much more. Without ITU, there would be no
telecommunications of any sort.
What is telecommunications?
Background 2/6
The ITU Constitution defines it as follows
Telecommunication: Any transmission, emission or reception of signs, signals,
writing, images and sounds or intelligence of any nature by wire, radio, optical
or other electromagnetic systems.
Does this include “the Internet”?
Background 3/6
What are the world’s most widely used standards?
 6 billion mobile phones use multiple ITU standards,
including Signaling System 7
 SS7 is used for the global messaging system that has the
largest number of users in the world: SMS
 SS7 is the connectionless packet-switched network that
connects the largest number of users in the world: GSM
 ASN.1 is a language used in numerous telecommunications
devices, including those that used for IP-based networks
Background 4/6
How does ITU work?
 By consensus of its membership (governments, industry,
and civil society)
 Bottom-up, on the basis of inputs from the membership
 World’s fastest formal standardization process
 ITU-T Recommendations publicly available, for free
Background 5/6
The International Telecommunication Regulations (ITRs) define the general
principles for the provision and operation of international telecommunications
1865
1879
1906
1932 1938 1949
Regulations for international service of the
Telegraph Convention
(1865- last modified in 1973)
1958
1973
1988
2012
Telegraph Regulations
(1932 - last modified in 1973)
Telephone Regulations
(1932 - last modified in 1973)
Radio Regulations
(first version 1906 – last modified in 2007)
ITRs succeeded the Telegraph Regulations (1973) and Telephone Regulations
(1973) in a new treaty adopted at WATTC-88 (Melbourne)
ITRs
(came into
force in 1990)
Background 6/6
 The current version of ITRs was adopted in 1988 in
Melbourne, Australia, by WATTC-88
 ITRs came into force in 1990, and are one of the four
treaties of ITU.
Constitution
Convention
Radio
Regulations
 Signed by 178 countries, ITRs are a truly global treaty
applied around the world
ITRs
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Background
Why the ITRs are important
The need to revise the ITRs
Preparatory process
Some key proposals
Some myths
Expectations for WCIT-12
Useful information and links
Why the ITRs are important
The ITRs …
 Establish general principles relating to the
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provision and operation of international
telecoms
Facilitate global interconnection and
interoperability
Underpin harmonious development and
efficient operation of technical facilities
Promote efficiency, usefulness, and availability
of international telecommunication services
Treaty-level provisions are required with
respect to international telecommunication
networks and services
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Background
Why the ITRs are important
The need to revise the ITRs
Preparatory process
Some key proposals
Some myths
Expectations for WCIT-12
Useful information and links
The need to revise the ITRs 1/2
The current version of the ITRS has
remained unchanged since 1988.
1988
ITRs
(came into
force in 1990)
2012
At that time:
there were very few countries with
a liberalized market
most operators were a monopoly
regime, under government or
state control
The need to revise the ITRs 2/2
 The international telecom
environment has significantly
evolved, both from the technical
and policy perspectives, and
continues to evolve rapidly
 Advances in technology mean an
increased use of IP-enabled
infrastructure and applications:
opportunities and challenges
for the ICT sector
 As technology evolves, Member
States are evaluating their policy
and regulatory approaches to
ensure an enabling environment
Shift from fixed to mobile,
from voice to data as the
drivers of traffic and main
sources of revenue
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Background
Why the ITRs are important
The need to revise the ITRs
Preparatory process
Some key proposals
Some myths
Expectations for WCIT-12
Useful information and links
Preparatory Process – WORK PLAN 1/1
 Council Working Group to Prepare for the
WCIT 12 (CWG-WCIT12) held three
meetings in 2010, two in 2011, and three
in 2012 (in February, April and June)
 Regional preparatory meetings were held
in Asia Pacific, Africa, Arab region, RCC
(CIS Countries), Europe, and Americas open also to Sector Members
 124 input documents were submitted by
ITU membership
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Background
Why the ITRs are important
The need to revise the ITRs
Preparatory process
Some key proposals
Some myths
Expectations for WCIT-12
Useful information and links
Proposals made during the preparatory process
Proposals made could be grouped as follows:
Human right to
access to
communication
Security in the use of ICT (including privacy
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(including nation’s right to
access intl. communication
infrastructure and fair/equitable
access/usage of network/services)
International
frameworks
&
Protection of critical national resources
of national significance and interest, or of national public
interest
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Interconnection and
interoperability
Convergence
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and unsolicited electronic communication),
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Charging and accounting- including Taxation
(Market-based costing, Liberalization of international gateways,
Transparency obligations on ROAs)
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Quality of Service
Enforcement measures
(including possible binding effect of
certain ITU Recommendations)
Key Issues
 Key issues raised:
 What core principles should
guide discussions?
 Do some provisions belong
elsewhere? (e.g. ITU
Constitution/Convention, ITU-T
Recommendations)
 What provisions should be
added to cover new issues?
Some key proposals
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Mobile roaming
Misuse and fraud
Taxation
Transparency of routing
New general principles on economic issues
Allowing differentiated traffic management
Cooperation on cybersecurity
Cooperation to combat spam
Energy efficiency
Accessibility
All to be implemented by national authorities
Proposals: Mobile Roaming
 Transparency of prices for users
 Price levels
 Draft ITU-T Recommendation D.98
 OECD Recommendations
Proposals: Misuse and Fraud
 Preventing misuse/hijacking of numbering resources
 According to GSMA, numbering resource misuse
is a key factor in fraud perpetrated against
mobile networks and their customers
 It is used for fraudulent and artificial inflation of
traffic
 Combating fraud
 Transmission of calling party identification/origin
identification
Proposals: Taxation
 Clarify existing provision to prevent
international double taxation
 Prevent or discourage taxation of incoming
international calls
Delicate issue because there is a tradeoff
between raising revenue and encouraging
the use of telecommunications
Proposals: new general principles 1/2
 Price transparency
 Cost orientation, presumably cost intended
to include:
• Return on investment
(including dividends to stock owners)
• Taxes
• Creation of reserves for
future investments
• Risk premiums
• Etc.
Proposals: new general principles 2/2
 Foster investment in high-bandwidth
infrastructure
 Adequate return on investment in
infrastructure
 Compensation for traffic carried
 Compensation for traffic terminated
Proposals: implementation
 No proposals to create new international
regulatory agencies or mechanisms
 Proposals that national authorities should
implement the provisions of the ITRs
First, ratification of new ITRs in accordance
with national procedures
Then, transposition into national laws and
regulations
 Possibly, new or revised ITU-T
Recommendations
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Background
Why the ITRs are important
The need to revise the ITRs
Preparatory process
Some key proposals
Some myths
Expectations for WCIT-12
Useful information and links
Myths 1/13
 Myth: The mandate of ITU is telephony
 Facts:
• The first standardized data network was ITU’s X.25, developed in
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1976, widely used until the 1990s and still used for specialized
networks
X.25 is a packet-switched, connection-oriented architecture
End-user data network access devices (modems, xDSL) have long
been based on ITU standards
Many other ITU standards (including ones under development)
relate to data networks
The ITU development sector activities cover all aspects of
telecommunications, including in particular data networks
The ITU radio sector activities cover all aspects of radio
communications, including satellites
Myths 2/13
Myth: The scope of the ITU does not include Internet
The ITU Constitution defines telecommunications as follows
Telecommunication: Any transmission, emission or reception of signs, signals,
writing, images and sounds or intelligence of any nature by wire, radio, optical
or other electromagnetic systems.
Myths 3/13
 Myth: WCIT is about ITU or UN extending their mandate so
as to control the Internet
 Facts:
• Numerous ITU Resolutions, such as 101, 102, and 133
specify ITU’s mandate with respect to Internet
• Numerous ITU-T Recommendations relate to Internet,
including combating spam
• The main preparatory document does not include any
proposals related to ITU control of Internet domain
names or IP addresses
• Some older proposals referred to IP addresses
• Some current proposals relate to routing (including of
IP traffic) and to billing (including of IP traffic)
Myths 4/13
 Myth: WCIT may extend the scope of the ITU to include
charging and accounting for Internet traffic
 Facts:
• All Internet traffic moves under art. 9 of the ITRs
• An existing ITU-T Recommendation, and its
Supplement, concerns charging and accounting for
Internet
• Some proposals could affect the way costs are
shared between users and suppliers
Myths 4/13
 Myth: WCIT is about imposing censorship
 Facts:
• Art. 34 of the ITU Constitution provides that Member States
reserve the right to cut off, in accordance with their
national law, any private telecommunications which may
appear dangerous to the security of the State or contrary to
its laws, to public order or to decency.
• The ITRs cannot override or conflict with the Constitution
• A proposal has been made to ensure that intercept and
monitoring of international telecommunications be subject
to due process authorized in accordance with national law
• Provisions regarding transparency of routing and call
identifier may facilitate certain types of oversight by
national governments
Myths 6/13
 Myth: Proposals related to security could hinder the free flow of
information
 Facts:
• Proposals have been made to encourage cooperation to
combat spam
• Proposals have been made to encourage cooperation to
improve network security and the protection of privacy
• In Article 33 of the ITU’s Constitution, Member States
recognize the right of the public to correspond by means of
the international service of public correspondence.
Most countries already have measures in place to protect
copyright owners, for example, and to prevent defamation.
Such measures are of course permitted by Article 34 of the
ITU’s Constitution.
• The ITRs cannot contradict these articles of the Constitution
Myths 7/13
 Myth: Consumer interests could be harmed by WCIT
 Facts:
• Proposals have been made to limit roaming prices, based on
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costs, or price in visited country, or price in home country
Proposals have been made to ensure transmission of calling
party identifiers
Proposals have been made to combat fraud, in particular
arising from misuse of telephone numbers
Proposals have been made to ensure transparency of prices,
wholesale and retail, in general and for roaming
Proposals have been made to encourage cost-based pricing
Myths 8/13
 Myth: Proposals to give binding force to ITU-T
Recommendations are unprecedented
 Facts:
• Many Recommendations were largely considered to be
binding prior to 1988
• In other fields, it is common for laws or regulations to give
binding force to standards developed by private
organizations: electricity, plumbing, accounting, etc.
Myths 9/13
 Myth: WCIT is a top-down process
 Facts:
• All discussions are based on proposals from the 193
Member States
• There were 124 input documents submitted to the WCIT
preparatory process. After discussion, over 450 individual
proposals were retained for Member States to use when
preparing their proposals.
Myths 10/13
 Myth: The WCIT process is not open and not transparent
 Facts:
• All ITU members have full access to all WCIT documents and
audiocasts of discussions.
• Member States are expected to consult their citizens and to
give them access to WCIT documents, preferably in the
national language
Myths 11/13
 Myth: WCIT could be dominated by authoritarian countries
 Facts:
• Each of the ITU’s 193 Member States have equal rights
• Decisions can be made by majority vote, but this is very
unusual: decisions are usually made by consensus
• Each country is free to refuse to sign or to ratify the finally
agreed text
Myths 12/13
 Myth: WCIT could result in decisions that are bad for developing
countries
 Facts:
• Developing countries comprise a majority of ITU Member
States
• Representatives of developing countries are well informed
and well prepared
• There is no reason to believe that representatives of
developing countries do not represent the interests of their
citizens less effectively than do representatives of developed
countries
Myths 13/13
 Myth: There has been a spontaneous wave of protest against
WCIT
 Facts:
• Organized lobbying groups have been active
• Many of the recent articles concerning WCIT repeat the
same misinformation, at times in the same words
• Documents have been leaked selectively
• Documents are shown as being related to WCIT when in fact
they have no formal relation to WCIT
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Background
Why the ITRs are important
The need to revise the ITRs
Preparatory process
Some key proposals
Some myths
Expectations for WCIT-12
Useful information and links
Expectations for WCIT-12
 WCIT-12 presents key opportunities to increase
positive collaboration between countries
 Help countries to reach new levels of economic and
social development by means of efficient ICT
services
 Make ITRs relevant, and valuable to the full
membership, so that they address and alleviate
many current concerns
 Sector Members usually participate as part of
national delegations
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Background
Why the ITRs are important
The need to revise the ITRs
Preparatory process
Some key proposals
Some myths
Expectations for WCIT-12
Useful information and links
Useful information and links
Further information available at:
WCIT Newsroom:
http://www.itu.int/en/wcit-12/Pages/newsroom.aspx
CWG-WCIT12:
http://www.itu.int/council/groups/cwg-wcit12/index.html
2007 Background document:
http://www.itu.int/md/T05-ITR.EG-INF-0002/en
THANKS
Committed to Connecting the World
Global Symposium
for Regulators
Jaroslaw PONDER
Europe Coordinator
Europe Coordination Unit
International
Telecommunication
Union
Committed to Connecting the World
What is GSR
 Since 2000, GSR brings together Heads of Regulatory
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Authorities from around the world
The global annual venue for regulators to share their views
and experiences on the most pressing regulatory issues
Fostering a dynamic Global Industry-Regulators Dialogue
between regulators, policy makers, industry leaders and other
key ICT stakeholders.
GSR features a High Level Segment and interactive panel
discussions
GSR offers unique networking opportunities in the lead up to
and during the event
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Outcomes
 Discussion Papers
- ITU’s Trends in Telecommunication Reform
- Broadband series of thematic reports
 GSR Best Practice Guidelines
 2012 fostering access to digital
opportunities through cloud services.
 2011: Identifying innovative regulatory
approaches to advance the deployment of
broadband, encourage innovation and enable
digital inclusion of all.
 2010: Designing, building out and managing
open access networks.
 ….
www.itu.int/bestpractices
INFOFEST 2012 / October 2012
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Committed to Connecting the World
GSR12
Why regulate in a networked society?
 Dates and venue: Colombo, Sri Lanka, 2-4 October 2012
 Organization: International Telecommunication Union (ITU), in
collaboration with the Telecommunications Regulatory
Commission of Sri Lanka (TRCSL)
 High-level segment “Make the world one: regulation in the
global village”
 7 thematic sessions open to regulators & industry on burning
regulatory issues (net neutrality, spectrum policies, roaming,
cloud computing, online privacy & data protection, IP
interconnection and PPPs for universal broadband)
 Peer-to-peer Interactive discussion reserved to regulators
INFOFEST 2012 / October 2012
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www.itu.int/gsr12
Committed to Connecting the World
High Level Segment
Make the world one: regulation in the global village
 Leaders of both developed and developing countries will
share their vision for building a broadband-enabled
future
 Leading industry players – OTT and operators – will
engage in an open debate on new business models
 Regulators will strike the pros and cons of regulating
new services and players
 ITU will provide insights from the forthcoming World
Conference on the International Telecommunication
Regulations (ITRs)
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 1
Net neutrality: to regulate or not to regulate?
 Should traffic management be regulated or left to
commercial negotiations? Understanding the issues at
stake and the need for transparency. Ensuring quality of
service (QoS), preventing degradation, hindering or
slowing down of traffic over networks.
 How is the use of new services and applications, in
particular cloud computing services affecting networks,
how are these adding additional strains on existing
bandwidth?
 How to strike a balance between consumer protection
and the need to foster investment? How is net neutrality
affecting the equation?
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 2
Setting spectrum policies in a digital mobile world
 Understanding the necessity to revise and/or develop
spectrum policies to cope with the explosive mobile data
growth and how to effectively address the need for
more spectrum.
 How to deal with the rapid take up of new broadband
mobile applications, machine-to-machine
communications in a hyperconnected world while
sustaining mobile NGN deployment? What measures are
needed? What should be in a spectrum policy for a
digital mobile world?
 The results of the World Radiommunication Conference
2012 (WRC12) on broadband issues
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 3
International roaming in a Broadband economy
 How to handle termination of voice and mobile data
communications in an always-on borderless society?
Understanding the business models for roaming and the
need for cross-border delivery in a broadband economy.
What impact on consumers?
 What role for regulators? What regulatory approaches to
adopt? How to balance regulation with commercial
solutions?
 Regional approaches and experiences.
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 4
Blurring boundaries:
global and regional IP interconnection
 Addressing the remaining bottlenecks: should IP
interconnection be regulated?
 What kind of dispute resolution mechanisms to adopt at
regional and international levels? What enforcement
measures work in competitive environment?
 Should regulators be involved in wholesale charging
agreements? How is international IP interconnection
affected by net neutrality and international internet
connectivity?
 Lessons learned and regional experiences.
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 5
Demystifying regulation in the cloud:
opportunities and challenges for cloud computing
 Understanding the concept and the social and economic
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benefits and impact on SMEs, public entities and end
users
How are new players such social media, over the top
content and application providers changing market
dynamics through cloud services?
Whose responsibility is it? If the ICT regulator is not in
charge of IT, what role for the ICT Regulator? How to
balance the need for regulation without stifling
innovation?
What role for governments: users and facilitators?
Lessons learned from VOIP services
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 6
Dark clouds: Safety and security on the Net
 Over view of online threats from a user’s perspective:
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data protection and privacy issues. Are these rights
different in the cloud? How to ensure any-time reliable
access to cloud services?
From a commercial point of view: importance of data
security and reliability, defining applicable jurisdictions,
managing risks, etc.
Child online protection
Balancing free flow of information/communications with
security concerns
What role for regulators?
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 7
PPPs: Innovation strategies
for bringing broadband closer
 Developing successful public-private-partnerships to
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foster investment in broadband NGN networks
What works? Bottom up or top down approaches?
Where to invest?
How does pursuing the accessibility market open new
business opportunities?
Understanding who the non-adopters are and marketing
services for their needs
What role for the regulator? How can regulators
promote accessibility and inclusion for today’s nonadopters? Should the regulator monitor investment?
What regulatory incentives to provide?
Best practices and lessons learned
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 8
Defining Markets: a regulatory ladder of intervention
in a converged digital environment
 Defining SMP in a converged technology and service
neutral environment : A move from regulation to
deregulation
 Balancing ex-ante and ex –post regulation, should SMP
operators who invested heavily in network deployment
or innovate fast be treated differently?
 The role of competition authorities’ vs ICT regulators:
avoiding overlap and fostering cooperation
 Views from converged regulators and others.
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 9
Broadband implementation: country case studies
 Case studies reporting on success stories, forward
looking approaches and lessons learned prepared
and/or presented by regulators
 Countries covered:
Romania, TFYR Macedonia, Malaysia, Mauritius, Nigeria,
Sri Lanka, Panama, Philippines and Poland
 Interactive discussion on the different path to
developing a thriving broadband economy
 Insightful testimonies and practical advice from
successful project around the world
INFOFEST 2012 / October 2012
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Committed to Connecting the World
Session 10: Regulatory consulting room
Bringing it all together, fostering inclusive and
sustainable growth
 Regulators’ interactive exchange on most pressing
regulatory issues
 Various regulatory perspectives confronted:
 Social regulation
 hands-on or hands-off OTTs?
Way Forward
 Adoption of GSR12 best practice guidelines
 Proposals for topics for the next GSR
INFOFEST 2012 / October 2012
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Committed to Connecting the World
INFOFEST 2012 / October 2012
http://www.itu.int/ITU-D/treg/Events/Seminars/GSR/GSR12/documents.html
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Committed to Connecting the World
Regulatory Associations’ meeting
1 October 2012, Colombo, Sri Lanka
 The future of regulators in the converged ICT
sector
 Roaming
 Challenges of transnational regulation
International
www.itu.int/GSR12
Telecommunication
Union
Committed to Connecting the World
GSR History
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2011: Smart regulation for a broadband world
2010: Enabling Tomorrow’s Digital World
2009: Hands-on or Hands-off? Stimulating growth through effective
ICT regulation
2008: Six Degrees of Sharing: Innovative infrastructure sharing and
open access strategies to promote affordable access for all
2007: The road to NGN: Can regulators promote investment and
achieve open access?
2005: Regulating in the broadband world
2004: Licensing in an Era of Convergence
2003: Promoting Universal Access to ICT's
2002: Regulating for end-users
2001: Effective Regulation
2000: Launching the dialogue among Regulators
INFOFEST 2012 / October 2012
www.itu.int/gsrhistory
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Committed to Connecting the World
Book your calendar
for the 2013 edition!
GSR-2013: Warsaw, Poland
3-5 July 2013
Organized by: ITU in collaboration with the Ministry of
Administration and Digitalization and the Office of
Electronic Communications
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Committed to Connecting the World
ITU Reports
Trends in Telecommunication Reform 2012 : Smart Regulation
in a
broadband world
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Setting national broadband policies, strategies and plans
Open access regulation in the digital economy
Strategies for financing universal broadband access
The regulatory landscape for mobile banking
Broadband Enabled Innovation
Intellectual Property Rights in today’s digital economy
Confronting The Social Media Regulatory Challenge
e-Waste: whose responsibility?
www.itu.int/ITU-D/treg/publications/index.html
Broadband Thematic reports in 2012:
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Regulation of global broadband satellite communications
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Exploring the value and economic valuation of spectrum
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Understanding the impact of broadband on national and
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global economies
Broadband services pricing
Broadband country case studies
INFOFEST 2012 / October 2012
www.itu.int/broadband
Committed to Connecting the World
See you in Warsaw in 2013!
Thank you!
[email protected]
INFOFEST 2012 / October 2012
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