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TRAI'S Importance Historically, DoT has been responsible for telecommunications licensing, policy-making, and service provision in India. Today, this structure will likely impede liberalization. Policy and license functions should be separated to prevent conflicts of interest, and the service arm of DoT should be privatized. To create a healthy and stable competitive environment, the Telecommunications Regulatory Authority of India (TRAI) should be given autonomy to issue licenses as well as to adjudicate disputes between the DoT and the licensee. Currently, disputes are resolved often only after lengthy legal battles.
Billions of investment dollars will be needed to develop India’s telecommunications infrastructure if the country’s NTP goals are to be met. Accordingly, India’s New Policy should include the goal of attracting more investments in telecommunication development projects. Towards this end, the Government of India must provide adequate safeguards against arbitrary and unilateral regulations, government acts and omissions.
A demonstrated effort to address these concerns, including a greater commitment to the WTO Basic Telecommunication Agreement, will signal to international investors that India is serious about its liberalization process. In turn, this commitment will spur investment, and investment will help expedite India’s liberalization process, as well as its realization of an internationally competitive telecommunications network.
Private Sector Support The government alone cannot expedite the introduction of competition into the telecommunications industry in India. Established corporations can play a key role in the liberalization process by encouraging government officials and agencies to participate fully. Private sector input can help ensure that government policies make sense. The private sector can also contribute to the liberalization process by stressing the benefits competition can bring, not just for their companies, but for the society as a whole. Informing friends, family and co-workers is an important first step in consensus building. Without private and public sector support from all levels, the liberalization process will encounter difficulties and delays.
India’s WTO Commitments India has made commitments under the WTO Telecommunication Agreement and started to liberalize aspects of its telecommunication sector. Yet without more concrete and transparent policies, India's liberalization process will not substantially improve the country’s telecommunications infrastructure any time soon. If India wants to ensure that it will not fall behind the rest of the developing world, it should rapidly adopt a pro-competitive regulatory environment and make commitments to all of the WTO Reference Paper Principles.
Exhibit 12 - Proposed Budget
Proposed Budget Table 27 - Proposed Budget
Funds will be generated from:
Funds received from the government
Exhibit 13 - Proposed Timeline
Proposed Time Line The proposed strategy can be implemented immediately after it is
approval. Immediate action is recommended because implementation will
likely be slow and difficult. The project will aim to lay the necessary groundwork in India and the
United Stated within two years, after which concrete policy changes are
expected. The goal is for India to make more concrete WTO BTA commitments,
to increase privatizations, and to strengthen the role of the TRAI.
Annexes
Annex I: Political Landscape (3 pages)
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Organization/Committee |
Jurisdiction |
Democrats |
Republicans |
Objective for enlisting support |
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US Senate Committee of Foreign Relations - Subcommittee on International Economic Policy, Export and Trade Promotion |
U.S. foreign economic policy, including export enhancement and trade promotion, and international economic growth and development. |
Chuck Hagel, Chairman Paul S. Sarbanes, Ranking Craig Thomas |
Bill Frist Paul Coverdell Joseph R. Biden, Jr. Paul D. Wellstone |
Build consensus and support for U.S. intervention in Indian liberalization efforts |
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US Senate Committee on Commerce, Science and Transportation - Subcommittee on Communications |
FCC, Corporations for Public Broadcasting, Communications Satellite Corporation, Encryption Communication, Intelsat, Telecommunication Industry Economics, Telecommunications Law, Universal Service, Spectrum Allocation |
Ernest F. Hollings (D-SC) Daniel K. Inouye (D-Hawaii) Wendell H. Ford (D-Ken) John F. Kerry (D-Mass) John. B. Breaux (D-Ls) John D. Rockefeller IV (D-WV) Byron L. Dorgan (D-ND) Roy Wyden (D-Or) |
Conrad Burns (R-Mon), Chairman Ted Stevens (R-Ala) Slade Gorton (R-Wa) Trent Lott (R-Miss) John Ashcroft (R-Missouri) Kay Bailey Hutchison (R-Tx) Spencer Abraham (R-Mic) Bill Frist (R-Tenn) Sam Brownback (R-Kan) |
Can convince members to put pressure on executive branch and colleagues on other committees. Members of this committee will have a better understanding of the implications of open and expanded markets on the domestic industry. |
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House Committee on International Relations - Subcommittee on international Economic Policy and Trade |
Relations of the United States with foreign nations generally. Measures to foster commercial intercourse with foreign nations and to safeguard American business interests abroad. |
Sam Gejdenson, CT Pat Danner, MO Earl Hilliard, AL Brad Sherman, CA Steve Rothman, NJ Bob Clement, TN Tom Lantos, CA Bill Luther, MN |
Ileana Ros-Lehtinen, FL, ChairmanDon Manzullo, IL Steve Chabot, OH Tom Campbell, CA Lindsey Graham, SC Roy Blunt, MO Kevin Brady, TX Doug Bereuter, NE Dana Rohrabacher, CA |
Build consensus and support for U.S. intervention in Indian liberalization efforts |
|
House Committee on International Relations- Subcommittee on Asia & the Pacific |
Relations of the United States with foreign nations generally. Measures to foster commercial intercourse with foreign nations and to safeguard American business interests abroad. |
Howard Berman, CA Eni F.H. Faleomavaega, AS Robert Andrews, NJ Sherrod Brown, OH Matthew Martinez, CA Alcee Hastings, FL Robert Wexler, FL Lois Capps, CA |
Doug Bereuter, NE, Jim Leach, IA Dana Rohrabacher, CA Peter King, NY Jay Kim, CA Matt Salmon, AZ Jon Fox, PA John McHugh, NY Donald Manzullo, IL Ed Royce, CA |
Build consensus and support for U.S. intervention in Indian liberalization efforts |
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Organization/Committee |
Jurisdiction |
Democrats |
Republicans |
Objective for enlisting support |
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House Committee on Commerce - The Subcommittee on Telecommunications, Trade, & Consumer Protection |
Interstate and foreign commerce generally. Regulation of interstate and foreign communications. Interstate and foreign telecommunications including, but not limited to all telecommunication and information transmission by broadcast, radio, wire, microwave, satellite, or other mode; interstate and foreign commerce, including trade matters within the jurisdiction of the full committee; |
Edward J. Markey, Massachusetts Rick Boucher, Virginia Bart Gordon, Tennessee Eliot L. Engel, New York Thomas C. Sawyer, Ohio Thomas J. Manton, New York Bobby L. Rush, Illinois Anna G. Eshoo, California Ron Klink, Pennsylvania Albert R. Wynn, Maryland Gene Green, Texas Karen McCarthy, Missouri John D. Dingell, Michigan |
W.J. "Billy" Tauzin, Louisiana Michael G. Oxley, Ohio Vice Chairman Dan Schaefer, Colorado Joe Barton, Texas J. Dennis Hastert, Illinois Fred Upton, Michigan Cliff Stearns, Florida Paul E. Gillmor, Ohio Christopher Cox, California Nathan Deal, Georgia Steve Largent, Oklahoma Rick White, Washington James E. Rogan, California John Shimkus, Illinois Heather Wilson, New Mexico Tom Bliley, Virginia |
Build consensus and support for U.S. intervention in Indian liberalization efforts Make contributions to Bliley Campaign & PAC; Tauzin Campaign & PAC; And Oxley Campaign & PAC |
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Federal Communications Commission |
Develops and implements policy concerning interstate and international communications by radio, television, wire, satellite, and cable. |
William E. Kennard, Chairman Susan Ness, Commissioner Gloria Tristani, Commissioner |
Harold Furchtgott-Roth, Commissioner Michael Powell, Commissioner |
Build consensus and support for U.S. intervention in Indian liberalization efforts |
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The National Telecommunications and Information Administration (NTIA) |
CHAMPIONS GREATER FOREIGN MARKET ACCESS
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Becky Burr, International Affairs Kelly Levy, Office of Policy Analysis and Development |
Use NTIA to raise issues on the international level and build support domestically through reports that advocate increased intervention by appropriate U.S. government agencies. |
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Organization/Committee |
Jurisdiction |
Democrats |
Republicans |
Objective for enlisting support |
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U.S. Department of Commerce - International Trade Administration |
Support the growth and competitiveness of the U.S. telecommunications industry by promoting international trade and investment opportunities for the U.S. telecommunications industry |
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United States Trade Representative |
Develops and coordinates U.S. international trade, commodity, and direct investment policy, and leads or directs negotiations with other countries on such matters. |
Charlene Barshefsky, Ambassador, United States Trade Representative Nancy LeaMond, Chief of Staff Robert T. Novick, Counselor to the USTR Dorothy Dwoskin, WTO and Multilateral Affairs Pate Felts, Intergovernmental Affairs and Public Liaison Frederick Montgomery , Policy Coordination Jon Rosenbaum, Trade and Development Donald Phillips, Asia Pacific and APEC Affairs |
Build consensus and support for U.S. intervention in Indian liberalization efforts |
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Annex II: Key Players (3 pages)
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Issue: Should India Accelerate Liberalization of Telecommunications? |
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Public Interest Groups |
Private Interest Groups |
Elite |
Government Institutions & Agencies |
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UNITED STATES |
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Telecommunication Industry Association ISOC, Internet Society
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Advanced Micro Devices (AMD)
Bell Atlantic Bell South Telecommunications, Inc. Cisco Systems, Inc. 3Com Corporation Compaq Computer Corporation GTE Hewlett-Packard Company Hughes Electronics Intel Corporation International Business Machines (IBM) Lockheed Martin Corporation Lucent Technologies MCI International Microsoft Corporation Motorola Inc. NEC USA Nynex Qualcom Rockwell International Corporation Sprint Communications US West Zenith Electronics Corporation |
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Issue: Accelerated Liberalization of Telecommunications in India |
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Public Interest Groups |
Private Interest Groups |
Elite |
Government Institutions & Agencies |
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INDIA |
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Confederation of Indian Industry (CII)
Indian Merchants Chamber Labor Unions Cellular Operators Association of India |
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R.K. Hedge, Minister of Commerce
Buta Singh, Minister of Communications
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Issue: Accelerated Liberalization of Telecommunications in India |
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Public Interest Groups |
Private Interest Groups |
Elite |
Inter-Governmental Institutions & Agencies |
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INTERNATIONAL |
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International Teletraffic Congress (ITC) Committee on Space Research
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Deutsche Telecom A.G. (Germany) Telestra Corporation Ltd. (Australia) Bezeq (Israel) Shinawatra (Thailand) Nippon Telephone & Telegraph (Japan) Itochu (Japan) Bell Canada PTT Guangdon (China) Moscow Telecom |
Pekka Tarjanne, Secretary-General ITU Renato Ruggiero, Director-General WTO
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Inter-American Development Bank World Bank Group
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Annex III: Interest Charts (4 pages)
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PEOPLE |
INTERESTS |
OPTIONS |
OBJECTIVE CRITERIA |
BATNA |
|
ta |
Promoting liberalization of telecommunication markets worldwide Influencing domestic and international policy affecting its membership Advising its member companies of US and international policy affecting trade in telecommunication goods and services Open markets for US telecommunications goods and services
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Maintain status quo Increase efforts to lobby Congress and other US gov't agencies to pressure India to expedite liberalization of its telecommunications market. Work with other US private sector agencies, NGOs, interest groups and int'l agencies to expedite liberalization of India's telecommunications market Put increased pressures on foreign countries during bilateral negotiations Defer any action to international multilateral organizations such as WTO, IMF, ITU and World Bank
|
ITU's annual report on telecommunications and developing countries World Bank's working papers on benefits of telecommunications liberalization. Commitments tabled by other countries in WTO Basic Telecommunication Agreement FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.) |
Maintain status quo Boycott India entirely and convince other countries to do the same
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PEOPLE |
INTERESTS |
OPTIONS |
OBJECTIVE CRITERIA |
BATNA |
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US Interest Groups US Chamber of Commerce Trade Associations |
Promote US business interests Make US businesses strong through taking advantage of comparative advantages offered by different countries |
Lobby for action by US government |
ITU's annual report on telecommunications and developing countries World Bank's working papers on benefits of telecommunications liberalization. Commitments tabled by other countries in WTO Basic Telecommunication Agreement FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.)
|
Use their power to sway US businesses to boycott selling their products and services in India Lobby US to prevent Indian goods and services from entering US |
|
PEOPLE |
INTERESTS |
OPTIONS |
OBJECTIVE CRITERIA |
BATNA |
|
US Business Motorola AT&T Bell Atlantic, etc. |
Take advantage of comparative advantages and expanded markets offered by different countries Produce products at cheapest cost and sell at highest costs so as to maximize profits |
Status quo Pressure US govt. to boycott Indian goods |
ITU's annual report on telecommunications and developing countries World Bank's working papers on benefits of telecommunications liberalization. Commitments tabled by other countries in WTO Basic Telecommunication Agreement FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.) |
Take all activities out of US and threaten loss of govt. tax revenue. Convince other companies to do the same |
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International Organizations ITU WTO WORLD BANK IMF |
Promote sustainable development Spread democracy Raise living standards Liberalize trade |
Status quo Multilateral negotiations to expedite liberalization |
ITU's Annual Report on Telecommunications and developing countries World Bank's working papers on benefits of telecommunications liberalization. Commitments tabled by other countries in WTO Basic Telecommunication Agreement FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.) |
Stop international aid |
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PEOPLE |
INTERESTS |
OPTIONS |
OBJECTIVE CRITERIA |
BATNA |
|
India |
Increase FDI flows Reduce unemployment Increase standard of living Retain sovereignty of national government |
Listen to advice of international agencies and US. Ignore advice |
ITU's annual report on telecommunications and developing countries World Bank's working papers on benefits of telecommunications liberalization. Commitments tabled by other countries in WTO Basic Telecommunication Agreement FCC statistics of rates of growth, decline in per call charges, and increases in efficiency due to telecommunication liberalization Increase in jobs due the growth in telecommunications sector and new businesses that rely on using telecommunications products and services to generate revenue (i.e. internet, sales, etc.) |
Status quo Make deals with countries that accept slower paces of liberalization |
|
United States Government USTR FCC NTIA ITA |
Open markets for goods and services Increase Human rights and labor law enforcement Maintain good bilateral relations with other countries |
Status quo Take sides with US Join working groups in international agencies to address concerns Individually punish companies that do not uphold core labor rights Crack down on their own domestic companies not upholding labor rights |
Accounting reports demonstrating cheaper costs of production by moving to countries with limited environmental protection. U.S. Office of Technology Assessment's 1992 Report on "Trade and the Environment". Montreal and Kyoto Protocols for environmental |
Sanctions if ILO core labor rights are not enforced. |
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NATIONAL Telecom Policy of India - 1994 NATIONAL TELECOM POLICY, 1994 1. Introduction:
2. Objectives: The objectives of the New Telecom Policy will be as follows:
3. Present status:
4. Revised targets:
5. Resources for the revised targets:
6. Even with the comparatively modest targets of the VIII Plan, as originally fixed, there is a resource gap of Rs. 7,500 crores. The additional resources required to achieve the revised targets would be well over Rs. 23,000 crores. Clearly this is beyond the capacity of Government funding and internal generation of resources. Private investment and association of the private sector would be needed in a big way to bridge the resource gap. Private initiative would be used to complement the Departmental efforts to raise additional resources both through increased internal generation and adopting innovative means like leasing, deferred payments, BOT, BLT, BTO etc. 7. Hardware
8. Value-added services:
9. In respect of the first six of these services companies registered in India are permitted to operate under license on non-exclusive basis. This policy would be continued. In view of the constraints on the number of companies that can be allowed to operate in the area of Radio Paging and Cellular Mobile Telephone Services, however, a policy of selection is being followed in grant of licenses through a system of tendering. This policy will also be continued and the following criteria will be applied for selection:
10. Basic services:
11. Pilot Projects:
12. Technology and Strategic Aspects:
13. Implementation:
The objectives of the New Telecom Policy will be as follows:
Explanatory Paper on Additional Commitments by India
Scope
The following are definitions and principles on the regulatory framework for basic telecommunications services. Definitions Users mean service consumers and service suppliers. Essential facilities mean facilities of a public telecommunications transport network or service that:
A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of : (a) control over essential facilities; or (b) use of its position in the market. 1. Competitive safeguards
2. Interconnection
2.2 Interconnection to be ensured
2.3 Public availability of the procedures for interconnection negotiations
2.4 Transparency of interconnection arrangements
2.5 Interconnection: dispute settlement
3. Universal service India retains the right to define the kind of universal service obligation it wishes to maintain. Such obligations are not regarded as anti-competitive per se, since they would be administered in a transparent and non-discriminatory manner. 4. Public availability of licensing criteria Where a licence is required, the following will be made publicly available: (a) All the licensing criteria and
5. Regulatory Authority
6. Allocation and use of scarce resources
http://www.telecoms-mag.com/issues/199705/tcs/dur.html, September 1997. Economist Intelligence Unit, Country Profile: India. London, 1997-1998. Economist intelligence Unit, Country Report: India. London, 1997. Feketekuty, Geza. International Trade in Services: An Overview and Blueprint for Negotiations. Ballinger Publishing, Massachusetts, 1988. Hundt, Reed E., "To Build One World, Only Connect," Speech to the Asia Society Hong Kong, October 11, 1996. International Telecommunication Union, World Telecommunication Development Report, 1996-97 http://www.telecoms-mag.com/issues/199709/tcs/sission.html, September 1997. Smith, Peter, What the Transformation of Telecom Markets Means for Regulation. Public Policy for the Private Sector, Note No. 121, The World Bank, June 1997. Smith, Peter. Subscribing to Monopoly: The Telecom Monopolist's Lexicon—Revisited. Public Policy for the Private Sector, Note No. 53, The World Bank, September 1995. Tardiff, Joseph C., Editor. U.S. Industry Profiles: The Leading 100. Gale Research, Michigan, 1998. UNCTAD, World Development Report 1997 U.S. Bureau of the Census, Statistical Abstract of the United State: 1998 (118th edition.) Washington, DC, 1998. U.S. Department of State, Background Notes: India. Bureau of South Asian Affairs, November 1997. U.S. Industry and Trade Outlook 1998, Telecommunications Services. U.S. International Trade Commission, Recent Trends in U.S. Services Trade. 1998 Annual Report, Publication 3105, Investigation No. 332-345, May 1998. Wellenius, Björn, Telecommunications Reform—How to succeed. Public Policy for the Private Sector, The World Bank, October 1997. Yergin, Daniel and Joseph Stanislaw. The commanding Heights: The Battle Between Government and the Marketplace that is Remaking the Modern World. Simon & Schuster, New York, 1998. Zangara, Rob. "News Media Yellow Book," Vol. 9, No. 2, Winter 1998. Leadership Directories, Inc., New York. |