(Geneva, 17-18 July 1997) |
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In developing the Arrangement on access to traffic data, the following seems to be controversial:
a) How should the technical differences among GMPCS systems in providing traffic data be treated?
b) What would be the scope of traffic data to be provided?
c) Who is supposed to provide traffic data? and
d) Who could request traffic data?
Related parts from the Vice-Chairmen's draft and the contribution from the United States are as follows:
- Vice-Chairmen's
Mutual Understandings
10 Existing and planned GMPCS systems will technically vary in the level of detail of information captured by the system.
On access to traffic data
1a) will provide …, where possible, …
2 Under this arrangement, all GMPCS systems will be structured …
- United States
2 GMPCS … will recognize and respect:
the technical and operational differences that exist among systems which affect the ability of the GMPCS system operators and service providers to provide this data.
Comments
Though all GMPCS systems should basically have the capability of the provision of traffic data under GMPCS Arrangements, we recognize that some existing GMPCS systems would not be able to provide traffic data.
Article 1 of On access to traffic data in the Vice-Chairmen's draft could therefore be revised to include "recognizing technical differences among GMPCS systems".
With the revision above, "where possible" in a), Article 1 would no longer be necessary.
Related parts for the Vice-Chairmen's draft, and contributions from the United States and the United Kingdom are as follows:
- Vice-Chairmen's
Mutual Understanding
11 Customer-specific information must be protected by GMPCS system operators and service providers as highly private and confidential information.
On access to traffic data
4 Traffic data to be provided pursuant to this Arrangement does not include confidential customer information.
- United States
2 GMPCS … will recognize and respect:
the confidentiality of the data and the privacy of customers and not provide confidential customer information.
- United Kingdom
1 There is a possible conflict … traffic data. These comments refer only to the provision of data to enable traffic accounting …
The maximum data that a GMPCS service provider should give …, namely:
- origin country
- destination country
- traffic volume
GMPCS service providers should not be requested to provide confidential customer information such as telephone numbers, names and addresses.
Comments
Confidential customer information should be properly protected.
Like item 9 of the Vice-Chairmen's draft (Mutual Understandings), the scope of traffic data to be provided and the way the provision can be dealt with by a bilateral agreement between administrations and GMPCS system operators and/or service providers.
Related parts from the Vice-Chairmen's draft, and contributions from the United States and the United Kingdom are as follows:
- Vice-Chairmen's
On access to traffic data
1 Consistent with applicable …, GMPCS system operators or service providers:
a) will provide …
- United States
1 GMPCS system operators or service providers will provide …
- United Kingdom
2 … The GMPCS service provider will be required to meet the terms of the licence which may include access to traffic data.
Comments
Related parts from Vice-Chairmen's draft, contributions from the United States and the United Kingdom are as follows:
- Vice-Chairmen's
Scope of these Arrangements
6 These Arrangements …, by which GMPCS system operators will provide to administrations that have implemented these Arrangements, … to any duly authorized national authority that so requests, …
Arrangements on access to traffic data
1a) will provide to administrations that have implemented these Arrangements, … to any duly authorized national authority that so requests, …
- United States
1 GMPCS … will provide traffic data to authorized entities of the MoU Signatory's Administration who have also committed to implement this relevant Arrangement.
- United Kingdom
3 Where a national administration has not authorized provision of GMPCS service, … The GMPCS system operator will be under no obligation to provide access to traffic data.
Comments
As described in Scope of these Arrangements 1 of the Vice-Chairmen's draft, the implementation of GMPCS Arrangements is voluntary. It does not seem to be desirable for only "the Signatory's Administration who have also committed to implement this relevant Arrangement" to request traffic data.
Any duly authorized national authority of the country where GMPCS service is being provided could request traffic data.
Unauthorized use
Principle 6 of Opinion 2 in the WTPF-96 final report, "Each system operator shall take steps to inhibit the use of the system in any country which has not authorized GMPCS service", could be incorporated into the Arrangements.
An addition, therefore, can be made to the Vice-Chairmen's draft (Mutual Understandings).
13 Each GMPCS system operator shall take steps to inhibit the use of the system in any country which has not authorized GMPCS service.
Recommendations on customs
- "customs restrictions and other fees" in item 2 in the Recommendations of the ViceChairmen's draft can be simplified as "customs related restrictions".
6) These Arrangements also include a commitment, pursuant to Article 5 of the GMPCSMoU, by which GMPCS system operators and/or service providers will provide, on a confidential basis, within a reasonable period of time to any duly authorized national authority that so requests, appropriate data concerning traffic originating in or routed to its national territory, and to assist it with any measures intended to identify unauthorized traffic flows therein.
Arrangements (Mutual Understandings)
13) Each GMPCS system operator shall take steps to inhibit the use of the system in any country which does not have authorized GMPCS service.
Arrangements (Mutual Undertakings - 3, On access to traffic data)
Recognizing the foregoing, the Administration, ITU Sector Members, GMPCS system operators, GMPCS service providers and GMPCS terminal manufacturers implementing this Arrangement agree:
1) Consistent with applicable national legislation in the country where GMPCS service is being provided, recognizing technical differences among GMPCS systems, GMPCS system operators and/or service providers:
a) will provide, on a confidential basis, within a reasonable period of time to any duly authorized national authority which so requests, appropriate GMPCS traffic data originating in or routed to its national territory; and
b) will assist with any measures intended to identify unauthorized traffic flows.
2) Under this arrangement, all GMPCS systems will be structured to provide appropriate traffic data.
3) Agreements between Administrations and GMPCS system operators and/or GMPCS service providers are unaffected by this Arrangement. The scope of traffic data to be provided will be determined by these agreements.
4) Traffic data to be provided pursuant to this Arrangement does not include confidential customer information.
Recommendations
Recognizing the foregoing, the Administrations, ITU Sector Members, GMPCS system operators, GMPCS service providers and GMPCS terminal manufacturers implementing this Arrangement agree to recommend to their competent national authorities the following:
1) GMPCS terminals bought into a country to be placed on the market shall be subject to applicable customs duties, if any, and the technical and regulatory requirements of that country. Countries will be encouraged to reduce duties on GMPCS terminals placed on the market, in particular by signing instruments such as the Information Technology Agreement.
2) GMPCS terminals should be exempt from customs related restrictions when visiting or transiting countries on a temporary basis.
3) Administrations, GMPCS system operators, GMPCS service providers and GMPCS terminal manufacturers, as well as the ITU Secretariat, if appropriate, should work with the World Customs Organization to ensure that GMPCS terminals are entitled to treatment as a traveller's personal effects for purposes of entry into a country on a temporary or transitory basis.
4) Administrations should undertake, within the framework of their national laws, regulations, and international obligations, to bring their legal and regulatory procedures in line with the provisions of the Istanbul Convention on Temporary Admission and other relevant internationally recognized agreements.
5) Administrations should take all practicable measures to educate
customs officials on the need to permit the temporary or transitory
entry into their counties of GMPCS terminals without unnecessary
or unduly burdensome restrictions.