   
  
INF/ECOM/64  
 
14 April 2021 
(21-3073) Page: 1/4 
  Original: English  
 
 
JOINT STATEMENT ON ELECTRONIC  COMMERCE  
COMMUNICATION BY THE EUROPEAN  UNION , NORWAY , UKRAINE  AND THE UNITED KINGDOM  
Joint text proposal  for the disciplines relating to Telecommunications Services  
 
The following communication, dated 13 April 2021, is being circulated  at the request of the 
delegation s of the European Union , Norway , Ukraine  and the United Kingdom . 
 
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INTRODUCTION  
1. The European Union , Norway , Ukraine  and the United Kingdom  submit for consideration the 
following text proposal to the Joint Statement Initiative on Electronic Commerce negotiations .  
2. The text proposal replaces the text proposal that was tabled by the European Union on 
15 October 2019 (INF/ECOM/43). On substance, the text proposal remains unchanged.  
3. This proposal is made witho ut prejudice to the ability of p articipating Members to propose 
amendments to this pr oposal or make further proposals in this Initiative.  
TEXT PROPOSAL  
The European Union , Norway, Ukraine and the U nited Kingdom  propose that the following set of 
disciplines replaces the WTO reference paper on telecommunication services.  
1 Scope  
The following are definitions and principles on the regulatory framework for telecommunications 
services.  
2 Definitions   
For the purpose of these principles:  
1. "essential facilities" means facilities of a public telecommunications network or service that : 
a) are exclusively or predominantly provided by a single or limited number of suppliers; and  
b) cannot feasibly be economically or technically substituted in order to provide a service . INF/ECOM/64  
 
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  2. "interconnection" means linking with suppliers of public telecommunications  networks or services 
in order to allow users of one supplier to communicate with users of the same or another supplier 
or to access services provided by the suppliers involved or any other supplier who has access to 
the network;  
3. "major supplier" means a supplier of telecommunications networks or services which has the 
ability to materially affect the terms of participation (having regard to price and supply) in a 
relevant market for telecommunications services as a result of:  
a) control over essential facil ities; or ; 
b) use of its position in the market . 
4. "network element" means a facility or equipment used in supplying a telecommunications service, 
including features, functions and capabilities provided by means of that facility or equipment;  
5. "public telecommunications network" means the telecommunication s infrastructure used for the 
provision of public telecommunications services between and among defined network 
termination  points;  
6. "public telecommunications service" means any telecommunications service that is offered to the 
public generally;  
7. "telecom munications regulatory authority" means the body or bodies charged by a Member with 
the regulation of telecommunications networks and services covered by these principles;  
8.  "telecommunications service" means a service consisting of the transmission and re ception of 
signals by any electromagnetic means irrespective of the technology used;  
9. "user" means a service consumer or a service supplier.  
3 Competitive safeguards  
1. Appropriate measures shall be maintained for the purpose of preventing suppliers of 
telecommunications networks or services who, alone or together, are a major supplier from 
engaging in or continuing anti -competitive practices.  
 
2. The anti -competitive pract ices referred to in paragraph 1 shall include in particular:  
a) engaging in anti -competitive cross -subsidization;  
b) using information obtained from competitors with anti -competitive results; and ; 
c) not making available to other services suppliers on a timely ba sis technical information about 
essential facilities and commercially relevant information which are necessary for them to 
provide services.  
4 Interconnection  
1. Interconnection with a major supplier shall be ensured at any technically feasible point in the 
network. Such interconnection shall be provided:  
a) under non -discriminatory terms, conditions (including technical standards and 
specifications) and rates and of  a quality no less favourable than that provided for its own 
like services or for like services of non -affiliated service suppliers or for its subsidiaries or 
other affiliates;  
b) in a timely fashion, on terms, conditions (including technical standards and s pecifications) 
and cost -oriented rates that are transparent, reasonable, having regard to economic INF/ECOM/64  
 
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  feasibility, and sufficiently unbundled so that the supplier need not pay for network 
components or facilities that it does not require for the service to be  provided; and ; 
c) upon request, at points in addition to the network termination points offered to the majority 
of users, subject to charges that reflect the cost of construction of necessary additional 
facilities.  
2. The procedures applicable for interconnect ion to a major supplier shall be made publicly available.  
 
3. Major suppliers shall make publicly available either their interconnection agreements or a 
reference interconnection offer.  
5 Universal service  
1. Any Member has the right to define the kind of universal service obligations it wishes to maintain 
and to decide on their scope and implementation.  
 
2. Universal service obligations shall be administered in a transparent, objective and non -
discriminatory man ner, which is neutral with respect to competition and not more burdensome 
than necessary for the kind of universal service defined by the Member.  
 
3. The designation of universal service suppliers shall be made through an efficient, transparent and 
non-discriminatory mechanism that is open to all suppliers of public telecommunications networks 
or services.  
 
4. Where suppliers of public telecommunications networks or services are compensated for the 
provision of universal service, such compensation shall not exceed the financial needs directly 
attributable to the universal service obligations.  
6 Licencing and Au thorisation  
1. Authorisation to provide telecommunications networks or services should in principle be granted 
without a formal licencing procedure, so that the supplier may start providing its networks or 
services without having to wait for a decision by th e telecommunications regulatory authority.  
 
2. Where a licence is required, the following shall be made publicly available:  
a) the types of networks or services requiring a licence;  
b) all the licensing criteria, applicable procedures and the period of time norm ally required to 
reach a decision concerning an application for a licence; and ; 
c) the terms and conditions of individual licences.  
3. An applicant for a licence shall receive, on request, the reasons for any denial of a license, 
imposition of supplier -specific  conditions on a license, revocation of a license, or refusal to renew 
a license.  
7 Telecommunications Regulatory Authority  
1. The telecommunications regulatory authority shall be separate from, and not accountable to, any 
supplier of telecommunications net works or services. To this end, the telecommunications 
regulatory authority shall not hold a financial interest or maintain an operating or management 
role in any such supplier.  
 
2. Tasks shall be assigned by law to the telecommunications regulatory authorit y to enforce the 
obligations set out in these principles, and shall be made public in an easily accessible and 
clear form.  INF/ECOM/64  
 
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3. The telecommunications regulatory authority shall have the power, including the ability to impose 
sanctions, to carry out the tasks  assigned to it by law. Such power shall be exercised 
transparently and in a timely manner.  
 
4. The decisions of and the procedures used by the telecommunications regulatory authority shall 
be impartial with respect to all market participants.  
8 Allocation and use of scarce resources  
1. Any procedures for the allocation and use of scarce resources, including frequencies, numbers 
and rights of way, shall be carried out in an objective, timely, transparent and non -discriminatory 
manner.  
 
2. The current state of allocated frequency bands will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required.  
 
3. The assignment of frequency bands for public telecommunication services shall be carried out via 
an open process that takes int o account the overall public interest, including the promotion of 
competition. Such assignment should in principle be carried out using market -based approaches, 
including through mechanisms such as auctions where appropriate.  
9 Essential Facilities  
1. A maj or supplier shall make its essential facilities available to suppliers of public 
telecommunications networks or services on reasonable, transparent and non -discriminatory 
terms and conditions for the purpose of providing public telecommunications services,  when this 
is necessary to achieve effective competition.  
 
2. Where a decision by the telecommunications regulatory authority is required to ensure 
compliance with paragraph 1:  
a) such decision shall be justified on the basis of the facts collected and the ass essment of the 
market conducted by the telecommunications regulatory authority;  
b) the telecommunications regulatory authority shall be empowered to:  
i. determine those essential facilities required to be made available by a major 
supplier; and ; 
 
ii. require a major supplier to offer access on an unbundled basis to its network 
elements that are essential facilities.  
10 Resolution of Disputes  
A supplier of telecommunications networks or services shall have recourse, within a reasonable and 
publicly av ailable period of time, to the telecommunications regulatory authority or other competent 
authority to resolve disputes regarding the measures relating to matters set out in these principles.  
11 Transparency  
Further to Article 4 of the GATS Annex on Tele communications and to other dispositions in these 
principles pertaining to publication of information, any measure relating to telecommunications 
networks or services shall made publicly available.  
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