Regulatory Reform UnitTelecommunication Development Bureau (BDT)

Trends in telecom Trends in telecom dispute resolution dispute resolution

and BDT regulatory and BDT regulatory toolstools

Regulatory Reform UnitRegulatory Reform Unit

Promoting universal access to ICTs: Practical tools for regulators

2nd Meeting of the TDAG Working Group dealing with Private Sector Issues, January 2004

International and regional regulatory forums Regulatory Database, Online regulatory library (TREG) Online exchange of best practices for regulators and policy makers (G-REX) Publications and cases studies on key regulatory issues Regulatory Models and Best Practices Training materials and workshops

Trends: Trends: National Regulatory National Regulatory Authorities WorldwideAuthorities Worldwide and and

Percentage per RegionPercentage per Region

Source: ITU World Telecommunication Regulatory Database.

14 1727 31 34

4356

7586

94106

117124

137

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2004

Regulatory agencies, world (cumulative)

53%

57%

73%

84%

91%

Asia-Pacific

Arab States

Europe

Africa

Americas

Percentage of regulators in each region

Where are we now?Where are we now? Level of competition in selected services, worldLevel of competition in selected services, world

20042004

ITU World Telecommunication Regulatory Database

Basic services include: average local, long distance and international services

0%10%20%30%40%50%

60%70%80%90%

100%

Basicservices

Leased lines Wirelesslocal loop

Cellular Cable TV VSAT ISPs

Monopoly Competition

What type of dispute resolution mechanism for which type of dispute?

What time frame to handle a dispute?

What sanctions? What penalties?

How to monitor enforcement?

Who hears appeals of regulators’ decisions?

What happens to a decision in case of apppeal?

Dispute Resolution Questions Dispute Resolution Questions

What Dispute Resolution What Dispute Resolution Mechanisms are used? Mechanisms are used?

Arbitration27%

Mediation31%

Binding rules33%

Other9%

ITU World Telecommunication Regulatory Database, 2003-2004

Mechanisms to resolve interconnection Mechanisms to resolve interconnection disputes, sanctions powerdisputes, sanctions power

Mechanisms used for resolution of interconnection disputes

0% 10% 20% 30% 40% 50% 60% 70%

Arbitration

Mediation/conciliation

Expert determination

Administrative adjudication

Courts/litigation

Percent of countries using mechanism

Percentage of countries where the Regulatory Authority can impose the specified sanctions/penalties

0% 10% 20% 30% 40% 50% 60% 70% 80%

Other sanctions

Additional licence obligations

Modification of licence

Licence suspension

Licence revocation

Monetary fines

Percentage of countries

Deadline for resolving disputes:30 days – 60 days - 3 months - one year –

variable- not defined

Sanctions And Enforcement, How to Monitor?

Appeals

Overturning decision of national regulatory Overturning decision of national regulatory authorityauthority

Which entities can overturn the decisions of the National Regulatory Authority, by percentage of

countries, world

0% 10% 20% 30% 40% 50% 60% 70%

Other

No one

Competition Authority

Sector complaint body

The Judiciary

The Sector Ministry

• How to develop a meaningful national dispute resolution process

• Models for alternative dispute resolution for different types of disputes

• Techniques that can be used in the dispute resolution process

BDT Dispute Resolution Products and BDT Dispute Resolution Products and ServicesServices

ITU/BDT-World Bank StudyITU/BDT-World Bank Study on on Dispute Resolution in the Dispute Resolution in the Telecom SectorTelecom Sector: : Current Current

Practices and Future DirectionsPractices and Future DirectionsFocus: Alternative Dispute Resolution (ADR)mechanisms

BDT Dispute Resolution Products BDT Dispute Resolution Products and Services (cont’d)and Services (cont’d)

• BDT Study Group 1 Question 18/1 on Domestic enforcement laws, rules and regulations relating to telecommunications

• Interconnection dispute resolution mini-case studiesInterconnection dispute resolution mini-case studies• Mentored online e-learning dispute resolution Mentored online e-learning dispute resolution

training coursestraining courses• The multi-lingual searchable online database of

regulatory decisions (Joint ITU - World Bank initiative) - first phase: feasibility study carried out by Lexum - Second phase: creation of a database

• The 10 week course (21 March-27 May 2005)

• The objective of the course: to cover the various facets of the evolving telecom scenario and its impact on dispute settlement mechanisms; as well as to provide and overview of different dispute settlement methods and their relative advantages and disadvantages

E-learning course on dispute E-learning course on dispute resolution in telecommunications resolution in telecommunications

for the Arab States for the Arab States

20022002EffectiveEffective

RegulatioRegulatio

nn20032003

Promoting Promoting universal accessuniversal access

TTrendsrends

1998 1998 General General TrendsTrends

19991999ConvergenConvergen

ce ce and and

RegulationRegulation

20002000//20012001InterconnectioInterconnectio

nn RegulationRegulation

2004/052004/05Licensing in Licensing in an era ofan era ofConvergencConvergencee

Global Symposium for Regulators Global Symposium for Regulators 20052005

Hammamet, TunisiaHammamet, Tunisia14-15 November 200514-15 November 2005

Licensing in the Era of Convergence

Day One: Private Sector Sessions

Day Two and Three: Regulator Sessions

Online forum for Online forum for Regulators and Policy makersRegulators and Policy makers

to exchange information and to exchange information and experiencesexperiences

through Conferences and the through Conferences and the Regulators’ HotlineRegulators’ Hotline

How to register for G-REXHow to register for G-REX

• G-REX is a service for regulators and policy makers and welcomes contributions in English, French and Spanish. Any regulator or policy maker interested in registering for G-REX is invited to do so at http://www.itu.int/ITU-D/grex

• Registrations from email addresses not affiliated with a regulatory body or policy maker should be confirmed with request on organization’s letter head

TREGTREG:: http://www.itu.int/ITU-D/treg/