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The fifth and final module of the course will familiarize students with the international and national reglementary environment of telecommunications. The roles of the respective authorities and the international regulatory instruments applicable to telecommunications in support of emergency assistance and disaster relief will be presented. A closing chapter will summarize the content of all five modules.
To control telecommunications means to have influence on a society. An absolute telecommunications monopoly has been the rule in practically all countries for a long time. In countries where control over some sectors of telecommunications has been delegated to private enterprises, government licenses remain a requirement. [example 5.1.a] [example 5.1.b]
Furthermore the provision of telecommunication services is a revenue generating activity. A monopoly provides not only a steady source of income for the government, but it also gives authorities the means to ensure access to and affordability of services for the whole population. Even where telecommunication services are de-regulated or privatised, governments therefore need to retain a control over their economic aspects.
Specific problems can occur, when national emergency or disaster response teams of one country provide international assistance in another country.
Regulation of telecommunications is also a need resulting from physical facts. The frequency spectrum is a limited resource shared by all mankind. Already when the first telegraph wires crossed borders, international agreements on services and standards became necessary. In 1865, 20 founding member states created the International Telegraph Union, ITU. With the invention of wireless communication, the union's activities had to be extended to the regulation of the use of the frequency spectrum - a limited resource shared by all mankind.
In 1932 the telegraph union changed its name into International Telecommunication Union (ITU). Today, a general secretariat and three sectors Radiocommunication, Standardization, and Development work with and for 189 Member States and a large number of "sector members", organizations and private enterprises with an interest in telecommunications.
The ITU is an international, not a supranational organization. Regulations therefore have the character of international treaties; in order to become mandatory for the member states, they need to be adopted by competent conferences. The ITU periodically convenes such conferences for each of its sectors, and its highest organ, the Plenipotentiary Conference, meets every four years. The ITU has the status of a specialized agency of the United Nations. In a later chapter, we shall look at some of the treaties adopted and at other international regulatory instruments.
In each country, a regulatory authority, usually either a Ministry of Telecommunications, or a National Office for Telecommunications established by this ministry, regulates all telecommunication matters. This is commonly done through a national telecommunications law, and a number of decrees or ordinances derived from such a law. Other national institutions may be involved in the process, this often include the Ministries of Finance (regulating telecommunication fees), Economics (regulating the commercial elements of service providers' licenses) or Interior (for aspects of national security).
All operators of radio telecommunication equipment (or any other kind of public telecommunication services, such as telephone networks) need a license from one or more of the above authorities. Only certain types of equipment are exempt from this requirement. In many countries this applies for installations using very low power, operating on frequencies allocated for specific purposes. Examples are remote controls for model airplanes or garage door openers, but also wireless local area networks between PCs and laptops. In public networks, the individual user of a radio device does not usually need a license; the operation of a mobile phone is covered by the license the service provider obtained from the authorities. [example 5.3.a]
When in a major emergency or disaster response operation the foreign providers of international assistance need to use radio communications equipment, they are in any case subject to the national regulations of the host country. Neighbouring countries often have concluded bilateral or multilateral agreements, to facilitate mutual emergency assistance: An industrial area, close to a large town and directly on the border with two adjacent countries, is a potential hazard. To allow immediate response and avoid any hindrances in the use of emergency telecommunications, these countries need to mutually accept their respective national radio licenses. When international assistance is provided by responders from a country, with which no bilateral or regional agreement exists, an international treaty, the "Tampere Convention" is applicable. We shall look at this treaty when considering the international legal framework in the next chapter. [example 5.3.b]
Most emergency telecommunications use radio equipment. Most relevant for our work are therefore the international Radio Regulations (RR), a binding international treaty adopted and amended many times by the World Radiocommunication Conferences (WRC) convened by the ITU every 4 years. The Radio Regulations define the various radio services and allocate parts of the radio frequency spectrum, so called bands, to each service. Given the some times different requirements in various regions, the world has been divided into three "ITU Regions": Region 1 covering Europe and Africa as well as the northern parts of Asia, Region 2 the Americas, and Region 3 the southern parts of Asia as well as Australia and Oceania. If a frequency band is shared between two or more services, priorities are established. In some cases the same frequency band is attributed to a different user in each region, and footnotes in the RR list the exceptions that individual countries might have requested, and which a WRC has approved. [annex 5.4.a] [annex 5.4.b]
Within the international framework established by the ITU, regional institutions ensure the cooperation among governments on matters of common interest in a region. Standardization in emergency telecommunications is a typical subject of regional cooperation. [example 5.4]
In 1991, the UN convened an international conference on emergency telecommunications in Geneva. The conference concluded, that many modern tools were available, but that regulatory restrictions often hindered their use in international assistance. In 1992, another conference was convened in Finland, to consider this specific problem. It adopted a declaration, named after the place where the conference was held, the "Tampere Declaration". As a declaration of experts, this document had no binding character, but it initiated the work towards an international treaty. In 1998 an intergovernmental conference, jointly convened by the UN and the ITU, adopted the "Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations", known as the Tampere Convention. After its ratification by the necessary number of States, this international treaty entered into force early in 2005.
Under the Tampere Convention, national regulatory authorities are requested to facilitate the use of telecommunication equipment and the establishment of non-public networks for disaster prevention, preparedness and response. States party to the Convention agree to allow the temporary importation of emergency communication equipment, to waive licensing requirements and related fees, and to grant certain privileges to the operators of such equipment. For the first time, an international treaty specifically extends privileges not only to the staff of international organizations such as the UN and its specialized agencies, but also to that of non-state entities such as Non-Governmental Organizations (NGOs) and of private sector enterprises participating in respective activities.
For States, to be party to the Tampere Convention has two advantages: A State affected by a disaster will receive efficient assistance fast, and States providing assistance can do so without administrative delays.
Like all international treaties, the Tampere Convention is not really enforceable. On the other hand, its application is not limited to the States having ratified or otherwise acceded to the treaty: It is common practice, to simply refer to the stipulations of the Tampere Convention in the respective articles or paragraphs of bi- and multi-lateral agreements on international humanitarian assistance. Any State can apply the convention in this way. Nevertheless it is important, that the largest possible number of countries joins the Convention, and it remains the task of all partners in humanitarian assistance to encourage governments to do so.
The full text of the Convention is available in all 6 official languages of the United Nations at < www.reliefweb.int/telecoms/tampere/index.html>. This site, as well as others listed in chapter 5.8, also provides additional information together with guidelines for the promotion and application of the treaty. [annex 5.5]
In addition to the ITU Radio Regulations and the Tampere Convention, Study Groups of the ITU and conferences of all its sectors have adopted resolutions and recommendations in respect to emergency telecommunications. Some of these documents directly support the aims of the Convention; others call for a favourable application of the regulations defined in the RR and other legal documents in case of emergency and disaster response.
Recommendation 12[1] (ITU World Telecommunication Development Conference, Istanbul 20002), requests consideration for disaster telecommunication needs in all telecommunication development activities. The recommendation calls upon government administrations to ensure, that the capabilities of networks to serve in emergency situations be given proper consideration, whenever public networks are developed. It also requests administrations to ensure that emergency telecommunication needs are considered in all national regulations.
ITU Recommendation 12 can therefore help all those involved in emergency and disaster response, to make sure that their needs are properly considered during all stages of a telecommunication development process.
Resolution 36 (revised by the ITU Plenipotentiary Conference in Marrakech 2002), urges all ITU Member States who have not yet done so, to accede to the Tampere Convention and to take all practical steps for its full implementation and application.
The application of an international treaty by national authorities is possible only, if the laws and decrees governing their actions include respective stipulations; national customs officers or telecommunication officials will not be able to facilitate the import and the use of emergency telecommunication equipment, unless applicable national laws instruct and authorize them to do so.
Recommendation E.106, (ITU Standardization Sector Study Group 2, 2003), defines standards for the establishment of preference schemes for traffic on public networks related to disaster relief operations. This very technical recommendation is of importance for all operators of national and international networks, as only an end-to-end priority can actually facilitate the use of public networks in emergency situation. A message needs to "carry a flag" indicating its privileged status.
Recommendation M.1637 (ITU Radiocommunication Sector, Study Group 8, 2003) recommends measures for the facilitation of the global cross-border circulation of radiocommunication equipment in emergency and disaster relief situations.
These and other relevant Documents
are available on the web sites of ITU-D,
ITU-R and ITU-T:
www.itu.int/ITU-D/emergencytelecoms/index.html
Everyone can at any time be confronted with an emergency situation. The better we are prepared, the better we shall be able to help others and ourselves. Any knowledge we acquire carries with it the obligation, to apply it for the good of society.
New technologies can make an enormous difference to the way hazards can be identified and vulnerability can be reduced. Only those who know what exists can put it to use where it is needed.
The first opportunities to apply telecommunications to emergency and disaster related activities occur in many cases when an emergency response plan is developed. Keeping in mind the multiplication factor of an alert message reaching any one member of a local society, existing communication systems and their capabilities need to be considered. The value of such, mostly public, networks through full use of a system's existing features or through an extension of its capabilities, can make the difference between life and dead for many.
When developing an emergency alert concept, it is essential to consider the role of all members of the society. Who is likely to be within reach of a network, and what means are likely to be available for quick dissemination of a warning? Women and children come to mind - in many cases they will be the first to receive an alert. To make sure that everyone is aware of the meaning of an alert and aware of the means at her or his disposal for alerting others is a task for schools and community leaders.
Early warning is in any case useful only, if the actions to be taken upon receipt of an alert are clearly defined. Alerting the public to a hazard is of no use unless the community is prepared to take the appropriate preventive action. [example 5.7.a]
Response preparedness involves primarily those who are active in emergency response, be it as professional responders or as volunteers. Knowing what technology can be expected to do, and where the limits of different systems are, is essential when dedicated emergency telecommunication networks are being designed. Their sustainability, not only for the time while they are on "standby", but also throughout the later phases of an emergency, will decide about their usefulness. Sustainability means not only technical appropriateness for the task, but also awareness of their existence and continuous training in their use. [example 5.7.b]
During the actual response to an emergency or a disaster, telecommunications are tools in support of the work of those who strive to save lives. In no case, however, the use of telecommunications equipment should distract the rescue worker from his main task, and only continuous training in the use of what will provide communication can ensure this.
The selection of appropriate means for emergency telecommunication can be particularly difficult if such equipment needs to be obtained from abroad. An assessment of the actual needs by a telecommunications specialist should be undertaken at the earliest possible time of a relief operation. [example 5.7.c]
For the final phase, the transition from relief and rehabilitation into development, a new aspect becomes important: the long-term usefulness and sustainability of whatever might have been introduced. Telecommunication networks established in support of a relief operation should, remain available not only for use in a possible future emergency situation, but should make a lasting contribution to telecommunication development.
Applying on any occasion what has been presented in this course, will help all of us to contribute to the most noble of tasks, the prevention and, where such is not possible, the alleviation of the human suffering caused by disasters.
Handbook on Emergency Telecommunications for Developing Countries, ITU-D, second Edition 2005, available from ITU publications: www.itu.int/publications/folderdetails.aspx?lang=e&folder=D-HDB-HET-2004&menu=categories
Where There is No Telephone, by John G. Corbett, revised edition, 1997 available for free download at www.reliefweb.int/library/wtint/toc.html
Disaster Communications, by Mark Wood, Disaster Relief Communications Foundation. First Edition, June 1996, available for free download at www.reliefweb.int/library/dc1/dcc1.html
Emergency Communications Handbook, American Radio Relay League (ARRL), 2005, available from ARRL publications: www.arrl.org/catalog/?category=Public+Service&words=
Radio Resource International, a quarterly publication, free subscriptions available from www.radioresources.com
More links to detailed information:
General information, including an annotated bibliography and numerous links www.reliefweb.int/telecoms/training/index.html
On the role of Early Warning in Emergency Preparedness, an example of a national preparedness plan is available at www.undp.org.in/UNDMT/Early%20Warning%20Systeme%20&%20Community%20Preparedness.pdf
Training Courses on Emergency Telecommunications in the Amateur Radio Service and on technical and general topics are available from the American Radio Relay League (ARRL) Certification and Continuing Education Program; for details see www.arrl.org/cce/courses.html#ec001.
[1] The content of Recommendation 12 (Istanbul 2002) has been integrated into Resolution 34 (rev. Doha 2006). Recommendation 12 has been abolished.
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