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GATS & Telecom: Understanding Regulations for Growth

Explore the fundamentals of GATS, focusing on non-discrimination, transparency, and reasonable regulation for telecom. Learn about commitments, obligations, and best practices to enhance regulatory capacity.

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GATS & Telecom: Understanding Regulations for Growth

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  1. GATS &Telecom Introduction

  2. GATS &Telecom “The GATS is not about deregulation. Most often, it involves re-regulation” David Hartridge, Former Director WTO Trade in Services Division

  3. GATS &Telecom “Being in the top 20 on the ease of doing business does not mean zero regulation. ... All the top countries regulate, but they do so in less costly and burdensome ways.” Doing Business in 2005: Removing Obstacles to Growth World Bank-IFC co-publication

  4. GATS &Telecom GATS Fundamentals Non- discrimination Transparency Reasonable regulation Competition safeguards

  5. GATS &Telecom Best Practice? Non- discrimination Transparency Reasonable regulation Competition safeguards

  6. To improve knowledge & understanding of the relevant principles & obligations To enhance capacity to implement the obligations and commitments GATS &Telecom Workshop objectives

  7. Common to all Short text of Articles - the “Framework” Sectoral and other Annexes Individual Schedules of Commitments MFN Exemptions(only at outset & if needed) GATS &Telecom What is GATS?

  8. GATS &Telecom Relevant Provisions Reference Paper Telecom Annex GATS Articles Schedules

  9. Part I – scope of the agreement Part II – general obligations & disciplines Part III – defines scheduled commitments Part IV – how to negotiate, inscribe & modify commitments Definitions GATS &Telecom GATS Articles

  10. Apply to allMembers But two levels exist ... Some of the provisions apply to all measures or services Some apply only to services committed in schedules GATS &Telecom General Obligations

  11. “Progressive” liberalization of markets is a key objective Commitments differ - no one telecom Schedule is exactly like another Many, but not all Schedules have the Reference Paper attached GATS &Telecom Schedules of Commitments

  12. GATS &Telecom Design of the Workshop Since the target audience for this training is governments who have or are considering telecom commitments ... The materials are designed on the assumption that commitments on telecom services & the Reference Paper have been undertaken

  13. GATS &Telecom Situating WTO • Its obligations & commitments are legally binding on governments • Establishes a minimum standard • Governments may have regulations that go beyond the WTO requirements

  14. GATS &Telecom Situating WTO • Usually involves principles & procedure rather that detailed prescriptions • Does not dictate how to implement its obligations and commitments • Governments have the flexibility to make their own decisions on implementation

  15. Participate in guidelines & best practices work or training by ITU, regional orgs & other Follow best practice to the extent possible Share ideas & information with other regulators & consult with stakeholders Last but not least ... Ensure that your own reform plan is effectively realized so that its goals & objectives can become reality GATS &Telecom How?

  16. Regulators are on the “front line” You are key to ensuring telecom laws & regulations are designed & implemented in line with Relevant general obligations of the GATS Articles & Annex on Telecom The telecom commitments undertaken The Reference Paper obligations GATS &Telecom Why Regulators?

  17. Your suggestions please ... Content? improvements, new topics Format? e-training, training of trainers Participation? policy makers, private sector, other stakeholders Follow up? when, where, and how GATS &Telecom A pilot project...

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