REGULATORY CONSIDERATIONS FOR SATELLITE BROADBAND

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REGULATORY CONSIDERATIONS FOR SATELLITE BROADBAND SESSION 1: REGULATORY TRENDS AND EMERGING REGULATORY CHALLENGES AT THE INTERNATIONAL AND REGIONAL LEVEL José Toscano Director General of ITSO International Regulatory Conference for Europe 26-27 September 2016 Budva, Montenegro

AGENDA Introduction Satellite Broadband Where are the unconnected? When and why can satellite be used? What are the new developments in satellite broadband Regulatory Considerations Creating an enabling regulatory environment Generations of Telecommunications regulation Collaborative regulation and policy Importance of national broadband plans Use of satellite in national broadband plans Conclusion What is ITSO doing? Final Remarks

INTRODUCTION: ABOUT ITSO ITSO is an intergovernmental organization with the mission to ensure that Intelsat, Ltd. provides public telecommunications services, including voice, data and video, on a global and non-discriminatory basis and to protect the Parties Common Heritage. ITSO currently has 149 member countries. ITSO and the ITU have been partners for several years and collaborate on the following issues among others: Capacity Building. Activities relating to ITU-R 69 titled Development and deployment of international public telecommunications via satellite in developing countries with exactly the same issues as Resolution 11 of WRC-12. The Broadband Commission for Sustainable Development. The Smart Sustainable Development Model. Development of Satellite Communications Capacity and Emergency Communications Solutions for the Pacific Islands Project. Caribbean Emergency Communications Capacity and Solutions Project.

SATELLITE BROADBAND: WHERE ARE THE UNCONNECTED? Access to Broadband Infrastructure in Urban and Rural Regions The scatter graph adjacent compares the percentage of a country s population with access to broadband infrastructure to the percentage of people living in the country s rural areas. It depicts a strong negative correlation between access to broadband infrastructure and the percentage of population living in rural areas.

THE CASE FOR SATELLITE BROADBAND: WHEN TO USE SATELLITE BROADBAND Satellite is the only broadband technology that provides full coverage, in metropolitan as well as in rural or most remote areas, including mountainous regions, islands, the seas and the skies. In many cases, satellite infrastructure is already there, however the ground infrastructure is either non-existent or its deployment is costly usually due to artificial regulatory constraints. The cost of services is independent from distance or number of subscribers. Satellite broadband is the best and only option for widespread remote settlements.

REGULATORY CONSIDERATIONS: CREATING AN ENABLING REGULATORY ENVIRONMENT Regulation and policies play a critical role, and can either foster or hamper the provisioning of connectivity, therefore it is critical to create an enabling regulatory environment. Regulation can promote innovation, investment, and effective infrastructure which can strengthen and diversify the ICT resources that are available to communities. ICT regulation must: Limit unanticipated changes in policy and stable regulation in order to reduce investment risk Avoid regulatory capture and ensure that all actors are treated equally Prevent of anti-competition measures, such as the creation of monopolies Create clear and transparent rules for spectrum management so that operators can secure continuous use Free operators from any unnecessary restrictions in accessing the market Develop tax measures that do not undercut telecommunication industry subsidies nor place the burden on the customers

REGULATORY CONSIDERATIONS: GENERATIONS OF REGULATION We are moving towards the 5 th generation of telecommunications regulation: 1 st Generation: 2 nd Generation: 3 rd Generation: 4 th Generation: 5 th Generation Public Monopolies Partial Liberalization and Privatization Fostering Market Competition Working towards economic and social policy goals Collaborative Regulation to help achieve SDGS One out of four countries now enjoys 4G regulatory environment that allows for leveraging of the ICT sector to achieve economic growth and social development across the economy.

REGULATORY CONSIDERATIONS: COLLABORATIVE REGULATION AND POLICY ICTs are an essential pillar of many areas of life in the converged ecosystem. School, government, digital finance and the health sector initiatives, among others, require access to ICTs to reach their full potential. Therefore, there is a lot of overlap between regulation for these areas and ICTs. Collaborative regulation starts with holding an inclusive dialogue across sectors to leverage the potential of ICTS and telecommunications for development. Examples of collaborative regulation: Converged regulator Collaboration with independent authorities, i.e., Competition Authorities and Consumer Protection Agencies Multi-sector regulators

REGULATORY CONSIDERATIONS: IMPORTANCE OF NATIONAL BROADBAND PLANS In order to create an enabling environment for the deployment of broadband services it is essential for countries to have a strong and efficient strategy for policy and regulation that allows for cross-sectoral collaboration. National Broadband Plans (NBPs) are a good way of accomplishing an enabling environment and the inclusion of satellite broadband in NBPs is crucial. The following countries, among others, directly consider satellite broadband in their connectivity regimes: United States of America Kenya Brazil Malaysia The European Union Australia Source: TechPresident

CONCLUSION There is a strong negative correlation between access to broadband infrastructure and the percentage of population living in rural areas. Satellite broadband can play a crucial role in connecting rural and low population density areas, where terrestrial broadband is not cost effective. Regulation can promote innovation, investment, and effective infrastructure which can strengthen and diversify the ICT resources that are available to communities. Many countries have included the provision of satellite broadband in their National Broadband Plans.

WHAT IS ITSO DOING? Capacity Building: Specific courses for regulators Program on International Communications Regulation and Policy at American University s Washington College of Law Regulatory interventions when requested Specific contributions to ITU groups on policy and regulatory issues.

FINAL REMARKS ITSO s 37 th Meeting of the Assembly of Parties will take place from October 12 th to 14 th, 2016 in Washington, DC. In addition to deciding on key matters relating to the management of the organization, the Assembly will also elect the next Director General. I urge you all to register your party delegations as soon as possible. Registration page can be found at www.itso.int

THANK YOU José Toscano Director General of ITSO