INF/ECOM/43  
15 October  2019 
(19-6675) Page: 1/5 
 Original:  English  
 
  
JOINT STATEMENT ON E LECTRONIC COMMERCE  
COMMUNICATION FROM T HE EUROPEAN UNION  
EU proposal for WTO disciplines and commitments  relating to electronic commerce : 
Revision of disciplines relating to Telecommunications Services  
The following communication, dated 14 October 2019, is being circulated at the request of the 
delegation of the European Union.  
 
_______________  
 
 
INTRODUCTION  
1. The EU will seek to use the ongoing  WTO Joint Statement Initiative on Electronic Commerce to 
negotia te a set of comprehensive and ambitious WTO  disciplines and commitments, to be 
endorsed by  as many  WTO Members as possible.  
2. To this end, in submission INF/ECOM/22 the EU proposed, among others, to 
negotiate  a series  of WTO disciplines relating to telecommu nications services to be 
incorporated in the schedules of the  individual Members as a replacement of the WTO 
Reference Paper on Basic Telecommunications Services.  
3. The EU text proposal s on telecommunications services were discussed at length during the 
Spring 2019 meetings  of the e -commerce Joint Statement initiative . Taking stock of the 
comments and questions received during those discussions, in this communication the EU  
proposes some adjustments to its original text proposal s. 
4. The EU and its Member States  maintain the possibility to define and implement cultural and 
audio -visual policies for the purposes of preserving their cultural diversity, including by not 
taking commitments on audio -visual services.  
5. This proposal  is without prejudice to the EU position  with respect to the final  negotiated  
outcome, which in some cases may depend on the level of support for individual provisions.  
6. The EU  reserves the right to table  additional  text proposals  on other issues  in the course 
of the negotiations.  
7. The text proposals included in this communication  replace section 3 "REVISION OF THE WTO 
REFERENCE PAPER ON TELECOMMUNICATIONS SERVICES " of the EU 's submission 
INF/ECOM/22.  
3  REVISION OF THE WTO REFERENCE PAPER ON T ELECOMMUNICATIONS SE RVICES  
The EU proposes that the following set of disciplines replaces the WTO reference paper on 
telecommunication services.  INF/ECOM/43  
- 2 - 
  3.1  Scope  
The following are definitions and principles on the regulatory framework for telecommunications  
services.  
 
3.2  Definitions  
For the purpose of these prin ciples:  
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 o rder to provide a service;  
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 suppl y) in a 
relevant market for telecommunications services as a result of:  
a. control over essential facilities ; or 
b. use of its position in the market;  
4.  "network element" means a facility or equipment used in supplying a telecommunications 
service, including featu res, functions and capabilities provided by means of that facility or 
equipment;  
5.  "public telecommunications network" means the telecommunications 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.  "telecommunications regulatory authority" means the body or bodies charged by a Member 
with the regulation of telecommunic ations networks and services covered by these principles;  
8.  "telecommunications service " means a service consisting of the transmission and reception of 
signals by any electromagnetic means irrespective of the technology used;  
9.  "user" means a service consumer  or a service supplier.  
3.3  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 -comp etitive practices.  
2.  The anti -competitive practices 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 INF/ECOM/43  
- 3 - 
  c. not making available to other services suppliers on a timely basis technical information 
about essential facilities and commercially relevant information which are necessary for 
them to provide services.  
3.4  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 
specifications) and cost -oriented rates that are t ransparent, reasonable, having regard to 
economic 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 additio n 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 interconnection 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.  
3.5  Universal service  
1.  Any Member has the right to define the kind of universal service obligations it wishes to 
maintain and to d ecide on their scope and implementation.  
2.  Universal service obligations shall be administered in a transparent, objective and 
non-discriminatory manner, which is neutral with respect to competition and not more 
burdensome than necessary for the kind of univ ersal 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 supp liers 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.  
3.6  Licencing and Authorisation  
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 the telecommunic ations 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 normally required 
to reach a decision concerning an application for a licence ; and INF/ECOM/43  
- 4 - 
  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 lic ense, revocation of a license, or refusal to renew a 
license.  
3.7  Telecommunications Regulatory Authority  
1.  The telecommunications regulatory authority shall be separate from, and not accountable to, 
any supplier of telecommunications networks 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 authority to enforce the 
obligatio ns set out in these principles, and shall be made public in an easily accessible and clear 
form.  
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.  
3.8  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 m ade 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 into acco unt 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.  
3.9  Essential Facilities  
1.  A major supplie r 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 assessment o f 
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 t o offer access on an unbundled basis to its network 
elements that are essential facilities.  INF/ECOM/43  
- 5 - 
  3.10  Resolution of Disputes  
A supplier of telecommunications networks or services shall have recourse, within a reasonable 
and publicly available 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 . 
3.11  Transparency  
Further to Article  4 of the GATS Annex on Telecommunications and to other disposit ions in these 
principles pertaining to publication of information, any measure relating to telecommunications 
networks or services shall made publicly available.  
 
__________