Conclusions and Recommendations of the International Conference “Telecommunication, Broadcasting and Tajikistan’s WTO Commitments”

Dushanbe, 18 — 19 March 2014

 

Conclusions

Tajikistan’s accession to the World Trade Organization (WTO) entails a series of reforms in many sectors which will positively impact on the national economic development of goods, services and protection of intellectual property rights.

In order to foster the timely and efficient implementation of these reforms the participants of the conference suggested the establishment of a working group, which would be chaired by the Ministry of Economic Development and Trade of Tajikistan. The main objective of this working group would be the drafting of an action plan with a view of implementing the recommendations set out below. Following its completion this action plan would then be submitted to the ICT Council under the President of Tajikistan for approval and implementation.

Recommendations

The participants of the Conference agreed on the following recommendations:

I    In the field of telecommunications

Establish a legal and institutional framework, which is indispensable for the implementation of Tajikistan’s WTO obligations regarding the telecommunication services. Such a framework must inter alia include the following:

• Compliance with the most favored nation principle:  non-discrimination among other WTO members.
• Compliance with the national treatment principle: non-discrimination against foreign services and service providers from other   WTO members.
• Ensuring competition safeguards: prevention of anti-competitive practices in telecommunications.

• Establishment of an independent regulator, who is separate from, not accountable to, and also not controlling or managing any supplier of basic telecommunication services. The decisions of and the procedures used by the regulator must be impartial with respect to all market participants. One of the tasks of the regulatory body would be the settlement of disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time.
• Regulation of allocation and use of scarce resources — any procedures for the allocation and use of scarce resources including frequencies will be carried out in an objective, timely, transparent and non-discriminatory manner.
• Ensuring public availability of licensing criteria: where a license is required, the following will be made available: a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a license and b) the terms and conditions of individual licenses. The reasons for the denial of a license must be made known to the applicant.
• Ratification of the Convention of the International Telecommunication Union (ITU) and its subsequent amendments by Tajikistan.
• Monitoring of the compliance of Tajikistan’s WTO commitments.

 

II   In the field of broadcasting

 

Establishment of a legal and institutional framework which is indispensable for the development of a free, independent, pluralistic and economically viable broadcasting sector in Tajikistan.  Such a framework must inter alia include the following:

• Establishment of an independent broadcast regulator with the power to issue broadcasting licences, whose decisions must be independent of the government and subject to judicial review. The legal status and the independence of this regulatory authority should be defined and guaranteed by law.
• Drafting a new broadcasting law and other legal instruments as may be required based on developments in information and communication technologies, international legal obligations of Tajikistan and best international practises.
• Regulation of allocation of broadcast licences by law, with clear, objective and transparent criteria, which promote diversity and pluralism, whereas such decisions must be subject to judicial review.
• Ensuring access of broadcasters to multiplex platforms in a fair, transparent and non-discriminatory manner.
• Transformation of state broadcasters to a public service broadcaster.
• Establishment of a levelled playing field for both private broadcasters and the public service broadcaster.
• Ensuring protection of intellectual property rights in compliance with national and international legislation, including WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).

III     Digital switch-over

 

In the absence of a comprehensive law regulating the digital switch-over process and with a view to ensure freedom of expression and pluralism in the media, the ultimate objectives should be the following:

 

 

• Establishment of a coordination body under the aegis of ICT Council,  with a view to develop and implement a market strategy for the introduction of digital television in Tajikistan, which would  require coordination between network operators, content providers, terminal equipment industry, traders, consumer associations on conversion timetables, program structures, technical parameters and a consumer friendly policy. The members of the coordination body would comprise the above stake holders.
• Ensuring access to digital broadcasting free of charge for the low income population.

• Ensuring free access of existing private broadcasters to multiplex platforms by must-carry obligations of multiplex operators and incentives for private analogue broadcasters to participate in the digitalization process which could include: increased coverage, longer license periods, no license fee.
• Ensuring that decisions on the use of the digital dividend resulting from the digitalization process reflect its public nature, its social, economic and political impact on society and involve all stakeholders.

 

IV       Audiovisual productions

In order to allow for the development of an economic and culturally vibrant and pluralistic audiovisual sector in Tajikistan the Government should abolish the licensing requirements for the production of audiovisual works, which constitutes an unnecessary burden which is not in line with the best international practices.