95-4546. The Global Information Infrastructure: Agenda for Cooperation  

  • [Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
    [Notices]
    [Pages 10359-10371]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-4546]
    
    
    
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    DEPARTMENT OF COMMERCE
    National Telecommunications and Information Administration
    [Docket No. 950217053-5053-01]
    
    
    The Global Information Infrastructure: Agenda for Cooperation
    
    AGENCY: National Telecommunications and Information Administration.
    
    ACTION: Administration policy statement.
    
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    SUMMARY: On February 15, 1995, the Administration released an ``Agenda 
    for Cooperation'' for the Global Information Infrastructure. The Agenda 
    for Cooperation sets forth the Administration's vision for developing a 
    GII that meets the needs of the people around the world. The Global 
    Information Infrastructure: Agenda for Cooperation incorporates and 
    expands upon five principles Vice President Gore presented last year to 
    the first World Telecommunication Development Conference: Encourage 
    private investment; promote competition; provide open access to the 
    network for all formation providers and users; create a flexible 
    regulatory environment that can keep pace with rapid technological and 
    market changes; and ensure universal service.
        The report addresses the policy issues critical to encouraging the 
    use of the Global Information Infrastructure (GII), including 
    information policy and content issues and measures by governments and 
    industry to demonstrate the benefits of the GII. The report also is 
    intended to serve as the basis for engaging other governments in a 
    consultative, constructive, and cooperative process that will ensure 
    the productive development of the GII.
    
    DATES: Comments may be filed at any time.
    
    ADDRESSES: Comments may be sent to: IITF Secretariat, NTIA, U.S. 
    Department of Commerce, Room 4898, 14th Street and Constitution Avenue 
    NW., Washington, DC. 20230.
        Comments may also be sent electronically by Internet e-mail to 
    nii@ntia.doc.gov''. The GII: Agenda for Cooperation will be available 
    over the Internet via ftp, telnet (login = gopher), gopher, or World-
    Wide Web at the Internet address iitf.doc.gov or dialup via modem (202) 
    501-1920. It will be located in the Documents and Papers directory. For 
    hard copies, please write or call Openness Program, 1617 HCHB, 14th and 
    Constitution Avenue NW., Washington, DC. 20230, (202) 482-3999 (voice) 
    or (202) 501-6198 (fax).
    
    FOR FURTHER INFORMATION CONTACT: NTIA Office of International Affairs, 
    (202) 482-1304.
    
        Authority: 47 U.S.C. 901 et seq.
    
    SUPPLEMENTARY INFORMATION:
    
    The Global Information Infrastructure
    
    Agenda for Cooperation
    
        Table of Contents:
    
    Preface
    
    I. Introduction
    
    A. Technological Convergence and the New Information Age
    B. New World Vision through Communications: The GII as a Product of 
    Technological Convergence and Competition
    C. Cornerstone of the GII: A Community of Global Interest
    
    II. Building a Foundation for the GII--Five Basic Principles
    
    A. Encouraging Private Investment
    B. Promoting Competition
    C. Providing Open Access
    D. Creating a Flexible Regulatory Environment
    E. Ensuring Universal Service
    
    III. Encouraging the Use of the GII
    
    A. Information Policy & Content Issues
    B. Applications: Delivering the Benefits of the GII
    
    IV. Implementing the GII
    
    V. Conclusion
    
    Preface
    
        Let us build a global community in which the people of neighboring 
    countries view each other not as potential enemies, but as potential 
    partners, as members of the same family in the vast, increasingly 
    interconnected human family.
        With these words, Vice President Al Gore introduced the U.S. vision 
    for the Global Information Infrastructure (GII) at the first World 
    Telecommunication Development Conference in March 1994. The Conference, 
    held in Buenos Aires, Argentina, signalled a new undertaking by the 
    International Telecommunication Union (ITU). Vice President Gore called 
    upon every nation to establish an ambitious agenda to build the GII, 
    using the following five principles as the foundation:
         Encouraging private sector investment;
         Promoting competition;
         Providing open access to the network for all information 
    providers and users;
         Creating a flexible regulatory environment that can keep 
    pace with rapid technological and market changes; and
         Ensuring universal service.
        Leaders from the world telecommunications community incorporated 
    these five principles into the ITU's ``Buenos Aires Declaration on 
    Global Telecommunication Development for the 21st Century.''
        The purpose of this ``GII: Agenda for Cooperation'' is to amplify 
    these five principles and to identify the steps the United States, in 
    concert with other nations, can take to make the vision of the GII a 
    reality. We hope that it will also serve as the basis for engaging 
    other governments in a consultative, constructive, and cooperative 
    process that will ensure the development of the GII for the mutual 
    benefit of all countries.
        In proposing this initiative, we recognize that market forces and 
    technological advances have already begun to expand existing 
    interconnections among our respective nations:
         Current state-of-the-art fiber optic systems can now 
    transmit the equivalent of 80,000 simultaneous telephone conversations 
    over a single optical fiber and will soon carry 320,000 conversations 
    over a fiber pair;
         Advances in digital compression have vastly improved the 
    performance and capacity of existing networks by allowing more volume, 
    including data and video, to be transmitted;
         Advances in computer technology will soon offer storage 
    capacity so great that an individual using a hand-held device will be 
    able to carry the informational equivalent of a small library and 
    remotely access many times this amount; and
         New digital wireless systems and proposed constellations 
    of telecommunications satellites have the potential to provide 
    telephone and data services to any point on the planet.
        A nascent GII already exists. What we seek is a superior GII, one 
    that has higher capacity, is fully interactive, [[Page 10360]] faster, 
    and more versatile. One that is less expensive to use than existing 
    systems, and more accessible to all the people of the world. But our 
    goal is not merely technological advancement--more bandwidth, faster 
    switching, more powerful processing capability, and greater compression 
    and storage capacity. We view technology not as an end in itself but as 
    the means through which the GII can realize its potential to improve 
    the well-being of all people on this planet.
        This ``Agenda for Cooperation'' sets forth the U.S. Government's 
    vision for developing a GII that can yield the benefits described above 
    and more. It identifies specific areas where intergovernmental, as well 
    as government-private sector, cooperative efforts are needed. Also 
    identified are proposals for concrete actions that the United States 
    can take, by itself or with other nations, to accelerate the pace of 
    development of the GII. While we believe the private sector will build, 
    own, and operate the GII, governments have the power to take actions 
    that can either accelerate or retard its development. We believe that a 
    concerted and coordinated international effort can achieve the former 
    and avoid the latter, and we invite other countries to join us in this 
    cooperative venture.
    
    I. Introduction
    
    A. Technological Convergence and the New Information Age
    
        As we approach the end of the twentieth century, information is a 
    critical force shaping the world's economic system. In the next 
    century, the speed with which information is created, its 
    accessibility, and its myriad uses will cause even more fundamental 
    changes in each nation's economy.
        These changes will be the result of technological convergence of 
    the previously distinct telecommunications, information, and mass media 
    industries. Boundaries that once separated the types of networks used 
    to deliver voice, data, and video services are increasingly blurred. In 
    a digital world, these services can be combined and offered over the 
    same transmission system.
        Multiple networks composed of different transmission media, such as 
    fiber optic cable, coaxial cable, satellites, radio, and copper wire, 
    will carry a broad range of telecommunications and information services 
    and information technology applications into homes, businesses, 
    schools, and hospitals. These networks will form the basis of evolving 
    national and global information infrastructures, in turn creating a 
    seamless web uniting the world in the emergent Information Age. The 
    result will be a new information marketplace, providing opportunities 
    and challenges for individuals, industry, and governments.
    
    B. New World Vision Through Communications: The GII as a Product of 
    Technological Convergence and Competition
    
        The Clinton Administration has made the development of an advanced 
    National Information Infrastructure (NII) and the GII top U.S. 
    priorities. A major goal of the NII is to give our citizens access to a 
    broad range of information and information services. Using innovative 
    telecommunications and information technologies, the NII--through a 
    partnership of business, labor, academia, consumers, and all levels of 
    government--will help the United States achieve a broad range of 
    economic and social goals.
        Similarly, other governments have come to recognize that the 
    telecommunications, information services, and information technology 
    sectors are not only dynamic growth sectors themselves, but are also 
    engines of development and economic growth throughout the economy. With 
    this realization, governments have sharply focused their public policy 
    debates and initiatives on the capabilities of their underlying 
    information infrastructures. The United States is but one of many 
    countries currently pursuing national initiatives to capture the 
    promise of the ``Information Revolution.'' Our initiative shares with 
    others an important, common objective: to ensure that the full 
    potential benefit of advances in information and telecommunications 
    technologies are realized for all citizens.
        The GII is an outgrowth of that perspective, a vehicle for 
    expanding the scope of these benefits on a global scale. By 
    interconnecting local, national, regional, and global networks, the GII 
    can increase economic growth, create jobs, and improve infrastructures. 
    Taken as a whole, this worldwide ``network of networks'' will create a 
    global information marketplace, encouraging broad-based social 
    discourse within and among all countries.
        The GII will depend upon an ever-expanding range of technology and 
    products, including telephones, fax machines, computers, switches, 
    compact discs, video and audio tape, coaxial cable, wire, satellites, 
    optical fiber transmission lines, microwave networks, televisions, 
    scanners, cameras, and printers--as well as advances in computing, 
    information, and networking technologies not yet envisioned.
        But the GII extends beyond hardware and software; it is also a 
    system of applications, activities, and relationships. There is the 
    information itself, whatever its purpose or form, e.g., video 
    programming, scientific or business databases, images, sound 
    recordings, library archives, or other media. There are also standards, 
    interfaces, and transmission codes that facilitate interoperability 
    between networks and ensure the privacy and security of the information 
    carried over them, as well as the security and reliability of the 
    networks themselves. Most importantly, the GII includes the people 
    involved in the creation and use of information, development of 
    applications and services, construction of the facilities, and training 
    necessary to realize the potential of the GII. These individuals are 
    primarily in the private sector, and include vendors, operators, 
    service providers, and users.
        The GII will both stimulate and respond to global demand for new 
    information technologies and services.1 The GII can offer 
    consumers in each country unprecedented access to information from a 
    variety of sources on a global basis. With appropriate changes in 
    regulatory structure, the GII can also help usher in an environment 
    more responsive to user demands by providing companies opportunities to 
    offer any information or telecommunications product or service to any 
    customer, rendering obsolete past regulatory labels or technological 
    niches.
    
        \1\In general throughout this report, references to 
    ``information services'' are meant to be broad and to include all 
    services, content, and applications to be provided over the networks 
    of the GII. However, for specific statistics cited from other 
    sources, the definitions from those sources apply.
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        The business community has become the principal force for the pro-
    competitive restructuring of telecommunications and information 
    markets. Business users, whose commercial activities are becoming 
    increasingly global, require access to advanced services at higher 
    speeds and capabilities, and at lower costs, to manage their global 
    operations effectively. When the national carriers cannot provide the 
    unified international networks and services that companies need to 
    conduct business and research, frustrated users develop their own 
    international ``private'' networks, often leasing private lines from 
    different national carriers. However, these private networks--even the 
    most sophisticated--still suffer from the high cost of leased lines in 
    most countries and the difficulties inherent in attempting to create 
    global networks [[Page 10361]] based on a patchwork of services subject 
    to widely varying capabilities and regulation.
        The scientific and academic communities also have stringent demands 
    for access to information resources and powerful computing capacity 
    around the world. The international research and academic community was 
    instrumental in developing the Internet, an already global mass of 
    interconnected computer networks. The astonishing growth rate of the 
    Internet network--over ten per cent per month for more than five 
    years--is just one indication of the growing demand for and supply of 
    digital information.
    
    C. Cornerstone of the GII: A Community of Global Interest
    
        The nations of the world are diverse in size, levels of economic 
    development, political, economic and social structures, and language 
    and culture. We believe, however, that despite these differences a 
    broad community of interest exists among countries to better the lives 
    of the citizens of the world--all citizens. Regardless of a country's 
    overall level of technological development, active participation in the 
    evolving GII can provide the tools to improve the quality of life.
        For example, the GII can facilitate health care delivery through 
    telemedicine, linking rural physicians to major medical facilities for 
    off-site consultations on difficult diagnoses. If only a computer and a 
    wireless link are available, they can provide a data base search and 
    on-line questioning of a consulting expert. If fiber optic networks are 
    available, telemedicine services can include remote visual examination. 
    Such services are a boon to rural physicians. Similarly, the GII can 
    quicken response time for disaster relief. It can transform education 
    with computer-based multimedia systems that teach with both sight and 
    sound, greatly increasing retention rates and providing children access 
    to greater educational opportunities. It can provide new tools to 
    assist persons with disabilities. The GII can also make factories more 
    efficient, speed the creation of new and better goods and services, cut 
    the cost of business by improving efficiency, develop new jobs and 
    markets, increase trade, and facilitate flows of information across 
    borders.
        That is not all. A well-developed GII can enhance democratic 
    principles and limit the spread of totalitarian forms of government. 
    Representative democracy is founded on the premise that the best 
    political processes are those in which each citizen has the knowledge 
    to make an informed choice and the power to express his or her view. 
    The GII will allow wider and greater citizen participation in decision-
    making by providing the additional means for individuals to keep 
    informed, as well as to express their opinions. Through the GII, the 
    world's citizens will have the opportunity to share information and 
    cultural values, fostering a greater sense of global community. By 
    encouraging exchanges of ideas, goods, and services among all 
    countries, the GII can contribute to a framework for lasting peace.
        Realizing these benefits will not be easy--our vision of the GII 
    presents a challenge that cannot be undertaken by a single country, nor 
    overcome by government fiat. Rather, its success will depend in large 
    measure on innovation and investment by the private sector. As the 
    principal source of expertise and capital, the private sector should, 
    in response to marketplace demands, determine what technologies to 
    pursue, set the pace of development, establish the appropriate 
    standards, and develop new services and applications. For their part, 
    governments can facilitate these activities by creating a legal and 
    regulatory environment that supports efficient investment and 
    innovation, and promotes full and fair competition. Governments can 
    also provide leadership by supporting testbeds for new technologies, 
    fostering the transfer of resulting technologies to the private sector, 
    promoting the assimilation and use of applications and technology 
    through government procurement, and developing applications that 
    support government operations and dissemination of government 
    information.
    
    II. Building a Foundation for the GII--Five Basic Principles
    
        The United States believes that five basic principles--encouraging 
    private investment, promoting competition, providing open access to 
    networks and services for providers and users, creating a flexible 
    regulatory environment to keep pace with technological and market 
    developments, and ensuring universal service--should serve as the 
    foundation for the development of the GII. In our view, this foundation 
    will facilitate information infrastructure development in individual 
    countries and the interconnection of networks on a global basis. It 
    will also accelerate development of useful applications, and increase 
    sharing of information among people around the world. We believe these 
    principles apply equally to the telecommunications, information 
    technology, and information services industries. In partnership with 
    the private sector and all users, we believe that governments should 
    take action to adopt, apply, and advance these principles at national, 
    regional, and global levels.
    
    A. Encouraging Private Investment
    
        Given the facts that the worldwide market for information 
    technology, products, and services is currently valued at $853 billion, 
    and that worldwide investment in telecommunications infrastructure 
    alone is expected to exceed $200 billion by 2004, both developed and 
    developing countries need to find ways to share in this growth and 
    prosperity. Attracting private sector investment is the most effective 
    way for countries to do so--as well as to improve their networks and 
    services, promote technological innovation, and succeed within the 
    competitive global economy. The reasons extend beyond the purely 
    financial: In addition to providing inflows of capital, private 
    investment also stimulates development of new technologies, equipment, 
    services, new sources of information, and managerial skills--all of 
    which help speed infrastructure growth and improvements, increase 
    efficiency in the provision of services, and permit greater 
    responsiveness to consumer needs.
        To attract greater investment from both domestic and foreign 
    sources into their telecommunications sectors, nations are adopting a 
    variety of approaches, ranging from revenue sharing initiatives and 
    joint ventures to direct foreign investment, licensing of privately-
    owned competitors, build-operate-own or -transfer schemes, and 
    privatization of government-owned public telecommunications operators. 
    Countries as diverse as Chile, India, Jamaica, Japan, Malaysia, New 
    Zealand, the United Kingdom, the United States, and Venezuela have 
    encouraged multiple private companies to provide telecommunications 
    services, drawing in private investment to varying degrees and leading 
    to lower service prices and improved communication.
        In other countries where privatization is not currently considered 
    a politically viable option, governments have taken steps to attract 
    foreign investment in the form of joint ventures for the provision of 
    new services, such as cellular telephone and Very Small Aperture 
    Terminal (VSAT)-based overlay networks for business users. Some 
    countries have permitted lease and franchise arrangements that include 
    private expansion of part of the [[Page 10362]] telecommunications 
    infrastructure, often allowing the private equity share in the network 
    operation to build up over time. Although providing fewer benefits than 
    full privatization might, these approaches can also be attractive to 
    private investors, and they provide quantifiable benefits--new lines, 
    upgraded switching capabilities, new services and sources of 
    information, and lower costs to consumers.
        The need for capital investment is particularly acute in countries 
    with underdeveloped telecommunications infrastructures, where limited 
    government resources often make private financing a necessary 
    complement. To attract private capital, many countries that seek to 
    improve their information infrastructures, which will improve 
    interconnection to the evolving GII, are taking concrete steps to:
         Create a stable operating environment supported by 
    transparent regulation;
         Establish fair and open bidding practices for all 
    communications and information infrastructure projects;
         Recognize the return on capital that potential investors 
    require;
         Establish sound repatriation policies; and
         Demonstrate a political commitment to private investment 
    through appropriate modifications in the legal framework.
        The information services sector, traditionally privately-owned, has 
    experienced tremendous growth due to the largely open investment and 
    competitive market environments in most countries around the world. In 
    the United States, for example, the largely unregulated information 
    services market is projected to have reached $135.9 billion in revenues 
    in 1994.2
    
        \2\International Trade Administration, U.S. Department of 
    Commerce, ``U.S. Industrial Outlook 1994'', at 25-1, January 1994.
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        Removing barriers to private investment--and providing incentives 
    for the creation and dissemination of information services through 
    effective protection of intellectual property rights--is the best means 
    of sustaining this worldwide growth.
    Recommended Action
        From the wide range of available options, governments can develop a 
    strategy best suited to their particular needs. At the same time, they 
    must institute the appropriate regulatory, legislative, and market 
    reforms to create the conditions necessary to attract private 
    investment in their telecommunications, information technology, and 
    information services markets. To facilitate this process, the United 
    States will join with other governments to:
         Identify and seek to remove barriers to private 
    investment, and develop policies and regulations that improve 
    investment incentives in both growing and mature telecommunications and 
    information markets;
         Ensure that applicable laws, regulations, and other legal 
    rules governing the provision of telecommunications and information 
    services and equipment are reasonable, nondiscriminatory, and publicly 
    available;
         Engage in bilateral, regional, and multilateral 
    discussions to exchange information on the various options that have 
    been successfully pursued to attract private investment, including, but 
    not limited to, privatization, liberalization, and market reforms;
         Work with major international lending institutions, such 
    as the World Bank and the regional development banks, and major private 
    financial institutions to determine the best means of attracting both 
    private and public capital, and establish workshops to train officials 
    in the different liberalization approaches; and
         Encourage international lending institutions to recognize 
    the ways in which funded social projects, such as the delivery of 
    education and health care services, can be advanced through improved 
    information infrastructures.
    
    B. Promoting Competition
    
        Nationally and internationally, the information technology and 
    information services markets have flourished in the past decade. The 
    highly competitive computer equipment, software and networking 
    industries are among the most dynamic in global markets, providing 
    users with steadily increasing computing power and functionality and 
    stimulating further demand for more advanced, integrated capabilities. 
    Similarly, the information services industry has expanded as barriers 
    to cross-border trade and investment have been removed. In many 
    countries there are few or no restraints on the services provided. In 
    other markets there are varying, but fairly light, degrees of 
    regulation. As a result, the world market for information services is 
    expected to grow from $275 billion in 1993 to $465 billion in 1998, a 
    growth rate of 11 percent annually.3
    
        \3\U.S. Department of Commerce, International Trade 
    Administration, Office of Service Industries, 1994.
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        One important exception has been a tendency in a few countries to 
    erect barriers to foreign competition in entertainment programming 
    services. There is no body of evidence that limiting foreign 
    competition has been successful in achieving the desired effect of 
    stimulating local entertainment programming industries. The effects of 
    such measures in retarding the development of private investment in 
    infrastructure also deserves greater attention.
        In contrast to the liberal market and regulatory environment for 
    information technology and information services, the pace and scope of 
    liberalization and privatization in the telecommunication sector is 
    varied, ranging from competition in particular market segments to full 
    liberalization. For example, there has been a discernable trend over 
    the past decade toward increased competition in the provision of both 
    value-added services and telecommunications terminal equipment. Some 
    countries have liberalized further, taking steps to open their long 
    distance, local fixed telephony, cellular, communications satellite, 
    cable, and broadcast markets.
        Evidence of positive results from such increased competition is 
    mounting: Networks have steadily incorporated innovative technologies, 
    producing greater efficiencies; both residential and business users 
    enjoy lower prices and greater choices in equipment and services; 
    service providers are more responsive to user needs; and lower costs of 
    service have stimulated increased network usage.
        However, in the largest and most profitable market segments--basic 
    public voice telephone services and the underlying network 
    infrastructure--both competition and foreign investment have been 
    restricted. Maintaining barriers against potential new entrants in 
    these markets will inhibit infrastructure deployment. Moreover, these 
    barriers will retard the introduction of new information and 
    telecommunications services that require competitive access to 
    underlying networks in order to flourish.
        Competition in basic telecommunications services has been growing, 
    however, in a number of key markets around the globe. In countries such 
    as Australia, Canada, Chile, Japan, New Zealand, Sweden, the United 
    Kingdom, and the United States, the introduction of alternative service 
    providers and networks, which often deploy advanced technologies at 
    lower costs, has reduced bottleneck control by the dominant facilities-
    based providers. These results have spurred other countries to 
    reconsider their policies. The member countries of the European 
    [[Page 10363]] Union (EU), for example, have agreed to introduce 
    competition in the provision of basic telecommunications services and 
    infrastructure by 1998. The EU considers these steps to be critical to 
    advancing the goals of their action plan to create a European 
    Information Society.
        Increasingly, countries with national monopoly operators have begun 
    to question whether they can compete effectively in the dynamic 
    international telecommunications market. Difficulties in raising 
    capital and in meeting users' demands for low cost, sophisticated 
    network capabilities and services are forcing a reconsideration of the 
    monopoly approach to telecommunications. A recent Organization for 
    Economic Cooperation and Development (OECD) study comparing the 
    relative cost of providing international service among OECD members 
    found that the performance of countries with competitive international 
    markets was superior to the average of all OECD members. Furthermore, 
    the OECD study revealed that the quality of service had improved 
    simultaneously with the implementation of competition.4
    
        \4\``The Benefits of Telecommunications Infrastructure 
    Competition,'' (DSTI/ICCP, TISP(93)/Rev 1), p. 23, February, 1994.
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        Competition within the communications satellite market has also 
    burgeoned. The intergovernmental International Telecommunications 
    Satellite (Intelsat) and International Mobile Satellite (Inmarsat) 
    organizations now face competition from several separate satellite 
    systems, including Astra, Columbia, AsiaSat, Orion, and PanAmSat. Due 
    in part to competitive pressures from these separate satellite systems 
    and from alternative technologies, serious consideration is being given 
    to restructuring both Intelsat and Inmarsat. Each of these 
    organizations is engaged in an internal effort to review a range of 
    options for reorganization, from reform of the cooperative model, to 
    corporatization, to full privatization.
        As governments liberalize particular market segments, regulators, 
    operators, and new market entrants must grapple with evolving 
    definitions of the boundary between those networks and services 
    reserved to the monopoly operator and those open to competition. During 
    the transition from monopolistic to competitive telecommunications 
    markets, incumbent operators still play a dominant role as network 
    infrastructure providers. Incumbent operators not only control 
    underlying facilities and services that new entrants often need to 
    deliver their services, but frequently compete directly with these new 
    service providers in particular market segments. In these 
    circumstances, effective competition cannot emerge and flourish unless 
    incumbents are subject to competitive safeguards while they maintain 
    market power over critical bottleneck facilities and services.
        Competitive safeguards serve two main purposes. Some are intended 
    to eliminate or reduce barriers to entry for new service providers that 
    are seeking to challenge the incumbent operator. Other safeguards serve 
    to ensure that incumbent firms with market power do not employ 
    anticompetitive means to prevent or hinder the development of truly 
    competitive markets. Market entry opportunities are effective only if 
    the incumbent service provider is required to compete fairly. For this 
    reason, some administrations have required incumbent carriers to permit 
    resale of their networks and services. Resale provides an important 
    source of competition in markets in which telecommunications 
    infrastructure costs are high. Similarly, market entrants that choose 
    to provide facilities-based services in competition with the incumbent 
    service provider typically will need to interconnect their facilities 
    with a dominant service provider's network. In a pro-competitive 
    environment, the terms and condition of interconnection would be 
    reflected in published rates that include nondiscriminatory cost-based 
    access charges and technological ``equal access'' to bottleneck 
    facilities.
        Incumbent carriers may also be required to ``unbundle'' network 
    facilities and services so that telecommunications and information 
    service providers can order only those elements of the dominant 
    provider's network they need to provide a service. Finally, 
    establishment of a transparent regulatory scheme open to all interested 
    parties, and administered by a regulatory authority independent of the 
    incumbent service provider, helps ensure that rules governing 
    competition are fair and that private investment is given a reasonable 
    degree of security.
        While the political challenges posed by attempting to restructure 
    the telecommunications market are significant, the increased 
    opportunities provided by introducing competition far outweigh the 
    potential difficulties of pro-competitive market reform. Further, the 
    interconnection of competitive national information infrastructures can 
    increase the pace of development of the GII. The more competitive an 
    information and telecommunications market, the more productive will be 
    its interaction with other markets participating in the development of 
    the GII.
    Recommended Action
        The most effective means of promoting a GII that delivers advanced 
    products and services to all countries is through increased competition 
    at local, national, regional, and global levels. To that end, the 
    United States will join with other governments to:
         Assess, through information exchanges and existing 
    multilateral organizations, the positive experiences of different 
    countries in introducing competition and progressively liberalizing 
    their telecommunications, information technology, and information 
    services markets;
         Work constructively to remove barriers to competition in 
    telecommunications, information technology, and information services 
    markets;
         Include timetables for increased competition in basic 
    telecommunications infrastructure and services in national information 
    infrastructure development plans, and, as an interim step, increase the 
    pace of liberalization through the expansion of resale;
         Encourage new entrants by adopting competitive safeguards 
    to protect against anticompetitive behavior by firms with market power, 
    including measures designed to prevent discrimination and cross-
    subsidization;
         Implement specific regulations to facilitate competitive 
    entry in the telecommunications sector, including the following 
    essential elements: (1) Interconnection among competing network and 
    service providers; (2) ``unbundling'' of bottleneck facilities of 
    dominant network providers; (3) transparency of regulations and 
    charges; and (4) nondiscrimination among network facilities operators 
    and between facilities operators and potential users, including 
    resellers;
         Ensure that government-sponsored technical training 
    activities incorporate programs specifically related to the development 
    of pro-competitive markets and regulations (including such issues as 
    competitive safeguards and interconnection);
         Pursue a successful conclusion to the General Agreement on 
    Trade in Services (GATS) discussions on basic telecommunications to 
    obtain the opening of markets for basic telecommunications services 
    through facilities-based competition and the resale of services on 
    existing networks [[Page 10364]] on nondiscriminatory terms and 
    conditions; and
         Consider the full range of options for promoting 
    competition in Intelsat and Inmarsat, including: (1) Pursuing changes 
    designed to increase the operational efficiency of Intelsat and 
    Inmarsat, retaining their fundamental intergovernmental character, but 
    substantially reducing the scope of the current intergovernmental 
    agreements by removing provisions that convey unfair advantage and 
    inhibit efficient functioning; (2) transforming the organizations into 
    private corporations; and (3) transforming the organizations into 
    multiple private service providers that compete with one another, as 
    well as with others.
        In selecting among these options, the goal must be to enhance 
    competition and not diminish it.
    
    C. Providing Open Access
    
        Achieving the goal of a global information market will require 
    government action to ensure that all information service providers have 
    access to facilities, networks, and network services on a 
    nondiscriminatory and low cost basis. By ensuring open access to 
    facilities and networks, and thus promoting competition, governments 
    can dramatically increase the availability of information services to 
    all consumers.
        Maximizing consumer choice among diverse sources of information 
    should be the primary objective. As the information needs among 
    consumers will vary, both within and among nations, attempts to predict 
    the information resource requirements of citizens should be avoided. 
    Rather, governments should foster market and regulatory climates 
    conducive to the broadest possible access to and distribution of 
    information. As countries accelerate the development of their 
    respective information infrastructures, more and more consumers will 
    seek access to networks and services that cross national and 
    international boundaries. Improving consumer access to diverse sources 
    of information has direct social and economic benefits. The ability to 
    generate, exchange, and use information, technology, and ideas is 
    central to economic growth and development, increased competitiveness 
    in a range of industries, and to the improvement of the quality of 
    life.
        An essential technical element of the open access concept is 
    interoperability, i.e., the ability to connect applications, services, 
    and/or network components so that they can be used together to 
    accomplish tasks. As the GII will be based on many different existing 
    and emerging components at local, national, and global levels, it is 
    imperative that these components be interoperable. The key to 
    interoperability is the development of global standards. We believe 
    such standards should be voluntary and developed through a process that 
    is largely market-driven and that takes into account the views of both 
    the large and well established and the smaller, newer market players.
        Three principal international standards organizations involved in 
    the development of information technology and telecommunications 
    standards are the International Organization for Standards (ISO), the 
    International Electrotechnical Commission (IEC), and the International 
    Telecommunication Union (ITU). The ISO and IEC develop information 
    technology standards through the ISO/IEC Joint Technical Committee 1, 
    while the ITU concentrates on telecommunications standards. Further, 
    there has long been coordination and collaboration between the ISO/IEC 
    Joint Technical Committee 1 and the ITU, which has helped minimize the 
    duplication of standards development work and the possibility of 
    conflicting information technology and telecommunication standards.
        The vast majority of countries adhere to the processes of 
    developing international standards and the resulting recommendations 
    from all three organizations. In the U.S., and increasingly in other 
    countries, the private sector plays an essential role in these 
    international standards development processes by providing the 
    technical expertise and resources to develop standards at national and 
    international levels.
        It may also be constructive to consider encouraging greater 
    collaboration and cooperation both domestically and internationally 
    among the different standards bodies, including less formal 
    organizations. In recent years in the United States, a significant 
    number of new standards consortia, whose principal focus is in the 
    standards implementing arena, have been established outside of the 
    traditional national standards development organizations. These new 
    consortia have often sped up the widespread adoption of internationally 
    generated standards, and their memberships have included small and 
    medium-sized companies.
        Given the convergence of technologies and the rapid changes in 
    national and international market structures, the development and 
    acceptance of voluntary, international standards are critical to the 
    development of the GII. The international standards organizations and 
    their memberships must redouble their efforts to ensure that standards 
    are developed that assist the rapid delivery of information. Moreover, 
    the pace of the work in international bodies must continue to increase 
    to better reflect marketplace needs for technological development, so 
    as not to impede the realization of the GII. In the absence of timely 
    development and implementation of standards on a global basis, the 
    benefits of improved interoperability will be delayed.
    Recommended Action
        In partnership with the private sector, governments can take action 
    to improve access to facilities and networks, and promote the 
    availability of a wide range of diverse services and information, 
    including strong support for the development of international standards 
    that promote interoperability. To achieve these goals, the United 
    States will join with other governments to:
         Develop appropriate policies that encourage increased 
    access by citizens to diverse sources of information;
         Provide unrestricted and equitable access to networks for 
    providers and consumers of services and content, based on sound 
    commercial practices;
         Hold regular bilateral and multilateral dialogues on ways 
    of increasing the flow of information across borders to facilitate 
    greater access to content by consumers;
         Encourage an open, voluntary standards-setting process 
    that does not denigrate intellectual property rights and which includes 
    the participation of a broad group of interests, including the private 
    sector, consumers, and, as appropriate, government agencies;
         Work through regional and international bodies to increase 
    the pace of consensus-based, voluntary, and transparent standards 
    development and adoption, and to promote the broad dissemination of 
    standards-related information;
         Work together and with national, regional, and 
    international standards bodies to identify priority areas for increased 
    coordination among different private national and international bodies 
    in support of interoperability of networks and services on the GII.
    
    D. Creating a Flexible Regulatory Environment
    
        Policymakers worldwide face a daunting challenge: Creating an 
    appropriate regulatory regime that minimizes regulation and fosters 
    competition through transparent rules and processes and is sufficiently 
    flexible to be responsive to changing technologies and markets. As the 
    pace [[Page 10365]] of technological innovation quickens, this will 
    become increasingly difficult and yet increasingly necessary.
        With the U.S. experience as our guide, we offer the following 
    observations about the characteristics of telecommunications 
    legislation that are necessary to respond to changes in this dynamic 
    sector. The optimal regulatory and legislative frameworks will:
         Identify the goals and objectives of the law, including 
    the promotion of competition;
         Be sufficiently flexible to permit the introduction of new 
    services and technologies without requiring amendments to the 
    legislation;
         Delegate broad powers to a regulatory authority 
    independent of a national operator and charge that independent 
    authority with keeping abreast of technological and market 
    developments;
         Establish a transparent and open process whereby the 
    public and interested parties are informed and can participate in 
    rulemaking and adjudicatory proceedings; and
         Aim towards open market access based on nondiscrimination 
    principles.
        We recognize that regulatory reform can take many paths. Some 
    countries have established a regulatory entity responsible for both 
    formulating and implementing telecommunications and mass media policy, 
    as well as overseeing the activities of these sectors. Others have 
    relied on the separation of operational and regulatory functions of the 
    government-owned and/or franchised national operator, with government 
    bodies assuming responsibility for regulatory decisions. Still others 
    rely more heavily on national competition law and policy for oversight.
        Regardless of the regulatory model that countries adopt, 
    regulations should clarify the respective rights and obligations of 
    incumbent operators and new entrants. New market entrants need 
    assurances that incumbent operators will not be allowed to use their 
    dominant market positions to hinder the evolution of successful 
    competition. Similarly, public and transparent regulatory processes 
    create stable commercial environments, which are necessary to attract 
    private investment. As such, rules and regulations should clearly 
    indicate:
         The scope of permissible competition, e.g., the particular 
    market segments open to new entrants;
         The means by which new entrants can gain market access, 
    e.g., private investment, licensing requirements, and cross-border 
    services;
         The nondiscriminatory terms and conditions of 
    interconnection to an incumbent operator's network and of supplying 
    information services over the network; and
         The procedures by which new entrants and users can bring 
    complaints and obtain redress from the regulator, e.g., enforcement 
    mechanisms. Additionally, it is critical that a pro-competitive 
    regulatory regime ensure:
         The establishment of other structural or nonstructural 
    safeguards to protect against the anticompetitive exploitation of 
    market power by the incumbent service provider to the detriment of the 
    new entrants;
         The appropriate balancing of public service obligations 
    among operators/carriers;
         Charging and pricing policies that are based on the costs 
    of providing service; and
         The efficient, effective, and pro-competitive management 
    of scarce resources, especially the radio frequency spectrum.
        In light of the increasing demands on the radio spectrum for the 
    introduction of new wireless communications systems and services, the 
    last point merits particular emphasis. Among these new technologies, 
    none better embodies the need for an open regulatory model embracing 
    competition and careful management of the spectrum than the nascent 
    hand-held mobile satellite services. If these services are to achieve 
    their global potential, cooperation among national spectrum regulators 
    will be required, as will a willingness to permit multiple market 
    entrants to ensure that new satellite services do not become the 
    exclusive property of a sole provider.
        Governments should avoid burdensome regulation that stifles 
    innovation and new service offerings. Governments must guard against 
    the expansion of regulation into market segments that have not 
    traditionally been subject to regulations and that have functioned 
    extremely well on an unregulated basis. The examples of Australia, 
    Canada, and the United States in computer and business information 
    services are illustrative. They are among the leading nations in 
    personal computer penetration rates among consumers. Not 
    coincidentally, they also provide an open, dynamic, and almost totally 
    unregulated market for information technology and services. Equally 
    important, while some government regulation is necessary as a 
    marketplace transitions from a monopoly to a competitive structure, 
    once competition is achieved, continued regulation can be unnecessary 
    or even counterproductive in promoting efficiency, innovation, and 
    customer responsiveness. In short, governments must be prepared, and 
    must invest their regulatory agencies with the authority, to adjust 
    regulatory structures as the demands of the marketplace and technology 
    require.
        Just as national regulatory environments need to be responsive to 
    emerging market and technological developments, so too must the 
    overarching international environment continually adapt to new 
    developments. The successful efforts of governments and industry to 
    improve global interconnectivity and liberalize international 
    telecommunications demonstrate the value of working together in various 
    international fora to promote progressive and flexible national 
    regulations. These efforts must continue.
    Recommended Action
        Although national regulatory environments necessarily reflect the 
    specific social, economic, and political needs of each individual 
    country, the essentially global nature of the markets for 
    telecommunications, information technologies, and information services 
    require that national regulations be responsive to global developments. 
    The United States will join with other governments to:
         Re-examine and adapt regulations and legislation to 
    accommodate market and technological developments at national and 
    global levels in support of the five GII principles;
         Create, through regulatory and/or legislative reform, a 
    pro-competitive, technology-neutral regulatory environment to maximize 
    consumer choice, to provide fair access to networks, and to stimulate 
    infrastructure development, the introduction of new services, and the 
    wider dissemination of information;
         Exchange views and information on national regulatory and 
    legislative initiatives and seek to identify common challenges and 
    options for developing flexible and transparent regulations in support 
    of the development of the GII;
         Work collectively in regional and international 
    organizations to convene meetings devoted specifically to encouraging 
    the adoption of regulatory policies that will promote the GII; and
         Encourage creation of independent national regulatory 
    authorities for telecommunications separate from the operator that 
    shall promote the interest of consumers and ensure effective and 
    efficient competition. Such authorities should have sufficient powers 
    to carry out their missions and should operate [[Page 10366]] with 
    transparent decisionmaking processes that are open to all interested 
    parties.
    
    E. Ensuring Universal Service
    
        The goal of providing access and affordable service to all members 
    of society is fundamental to the development of the GII. The definition 
    of universal service, however, necessarily varies from country to 
    countryranging from the provision of high quality telephone service to 
    every home and business in most industrialized countries to access to a 
    public telephone in many developing countries.
        The ability to provide universal service on a national basis 
    depends upon a number of factors, including the level of infrastructure 
    development, the reach and technological capabilities of national 
    networks, and the cost of access to the network and services. Other 
    factors to be considered include the availability and use of advanced 
    methods of network planning and maintenance, and explicit performance 
    and service quality goals.
        The definition of universal service is also being expanded by the 
    advent of digital technologies. In many countries, including the United 
    States, policymakers face increasing pressure to expand universal 
    service beyond ``plain old telephone service'' to include a broader 
    array of new telecommunications and information services. In fact, 
    universal service has always been an evolutionary concept, expanding as 
    the capabilities of the network and the types of service demanded by 
    the great majority of users have increased. For example, in the United 
    States fifty years ago, a party-line was deemed sufficient for 
    universal service purposes; now an individual line for each subscriber 
    is generally viewed as a component of universal service, together with 
    such features as direct dialing for long distance calls and 911 
    emergency service.
        In both developed and less developed countries, wireless 
    technologies can help meet the needs for both basic and more advanced 
    services. For example, by augmenting terrestrial-based facilities with 
    satellite facilities and services, national networks can maximize their 
    potential. The point-to-multipoint and mobile communications 
    capabilities of satellites, which are global in reach, permit the 
    extension of services to even the most remote regions.
        Moreover, in helping meet universal service goals, one option for 
    governments to consider is the establishment of community ``access 
    points.'' For example, institutions such as schools, libraries, or 
    hospitals could be equipped with basic and advanced information and 
    communications technologies for use by members of the public. Such 
    community access points would facilitate the efficient provision of 
    broader public access to a core set of services.
        Although several countries have raised concerns that competition 
    diverts revenues from the public operator and undermines its ability to 
    provide universal service, experience shows that access to the 
    telephone has been improved in the most liberal national markets. In 
    the United Kingdom, for example, many customers are ordering a 
    telephone for the first time largely because increased competition--
    cable television companies are now offering telephone service--has made 
    it more affordable. In the United States, concerns were raised a decade 
    ago that increased competition in the provision of long distance 
    services, which had traditionally subsidized basic local rates, would 
    threaten universal service. These concerns abated as competition 
    spurred innovation and price reductions, which in turn have expanded 
    universal service. Further, studies by the OECD indicate that telephone 
    penetration has not been eroded in any member country that has 
    introduced infrastructure competition. The OECD concluded, ``Universal 
    service has not been impaired by market liberalization; (rather) 
    facilities competition can be applied to complement and enhance 
    universal service.''5 Indeed, many now argue that full and open 
    facilities-based competition, by reducing prices, is the most effective 
    way to promote universal service.
    
        \5\Ibid, p.3.
    ---------------------------------------------------------------------------
    
        As together we strive to expand the worldwide telecommunications 
    infrastructure and build the GII, we must all keep the goal of 
    universal service constantly in mind. With significant decreases in the 
    costs of information transmission and processing, the creation of the 
    Information Society has the potential to improve the quality of life of 
    all citizens. Recognizing that information leads to empowerment, the 
    nations of the world must work together to ensure that as many citizens 
    as possible in all societies have access to the resources of the 
    Information Age.
    Recommended Action
        Although the provision of universal service varies from country to 
    country, the goal of providing all people with greater access to both 
    basic and advanced services is a crucial element of the GII. The United 
    States will join with other governments to:
         Consider, at the local and national levels, the benefits 
    afforded by the introduction of competition and private investment in 
    meeting and expanding universal service;
         Exchange information at the bilateral and multilateral 
    level to address the range of available options to meet universal 
    service goals; and
         Consider, at the national and international levels, ways 
    to promote universal access as a means of providing service to 
    currently underserved and geographically remote areas.
    
    III. Encouraging the Use of the GII
    
        While we believe that the adoption, application, and advancement of 
    the five core principles are necessary to create an environment in 
    which the GII can realize its full potential, such actions alone are 
    insufficient to guarantee it. Regardless of the sophistication of the 
    technology or services being offered, users must be assured that they 
    can allow the GII entry into their homes, offices, and lives to access 
    and share information safely and without forfeiting any of their 
    rights. Governments, companies, and public-interest groups, by working 
    together on information policy and content issues, must address these 
    concerns.
        An equally important task for governments and private sectors is to 
    demonstrate the potential benefits of the GII to citizens. It is only 
    when people see tangible results of applications that they will begin 
    to appreciate how it can be used to improve their lives. This 
    appreciation is the key to stimulating demand for the services and 
    content of the GII, which in turn will provide the impetus to remove 
    institutional and regulatory barriers to its full utilization.
    
    A. Information Policy and Content Issues
    
        Developing an effective information policy will provide governments 
    with perhaps their greatest challenge. The central objectives of 
    information policy include ensuring that: (1) The privacy of 
    individuals and organizations using the GII is protected; (2) the 
    security and reliability of the networks and the information that 
    passes over them are preserved; and (3) the intellectual property 
    rights of those who create the information, education, and 
    entertainment content are protected. To assure the growth of an 
    information infrastructure accessible and accountable to the citizens 
    of the world, governments must develop and implement these objectives 
    in close [[Page 10367]] partnerships with each other and with 
    representatives from business, labor, academia, and the public.
    1. Privacy Protection
        By bringing news and information to people on a global basis, and 
    thereby allowing them to communicate more freely with each other, 
    communications technologies serve a democratizing function. These same 
    technologies also permit both governments and the private sector to 
    transmit, process, and store vast amounts of information about 
    individuals. While these capabilities are increasingly essential for 
    governments to function effectively and for businesses to operate 
    efficiently, questions continue to grow about an individual's right to 
    privacy and the accompanying responsibilities of holders and 
    transmitters of this information to safeguard this right.
        In many nations, the past two decades have seen the primary 
    gatherers and users of personal data shift from government entities to 
    private sector firms. In the 1970's and 1980's, businesses were quick 
    to exploit the explosive growth in low cost, high performance 
    computers, adapting this technology to a wide range of economic, 
    financial, and marketing applications. As electronic commerce spread 
    during the 1980's, there was growing recognition that the electronic 
    transfer of data across national boundaries required an international 
    consensus on individual privacy protection.
        In 1980, the OECD developed and adopted a set of voluntary privacy 
    guidelines that were accepted by its 24 member countries. In 1981, the 
    Council of Europe, whose membership consists of the European Union 
    Member States and other European countries, adopted ``fair information 
    practices'' similar to those of the OECD to regulate the collection, 
    storage, and automated processing of personal data, and transborder 
    data flow. Both the OECD and Council of Europe privacy guidelines, 
    which generally recognize that the free flow of information is critical 
    to transborder economic activity, provide a framework for domestic 
    legislation that has been used by both member and non-member nations. 
    They also recognize diverse means of protecting information privacy, 
    including self-regulation and industry codes of conduct. The North 
    American Free Trade Agreement (NAFTA) and the General Agreement on 
    Trade in Services (GATS) Annex on Telecommunications also contain 
    provisions that recognize national privacy protection regulations.
        The United States and other countries around the world are re-
    examining existing privacy policies to ensure that they apply 
    comprehensively to the transfer of personal data over global networks. 
    A balanced privacy policy--preserving the individual's right to privacy 
    while maintaining the free flow of information across national 
    borders--is important to the development of global networks and 
    services. Working together, nations should ensure that the transport of 
    personal data adequately takes into account the following agreed-upon 
    international privacy principles:
         Personal data should be collected only for specified, 
    legitimate purposes;
         The dissemination, sharing, and reuse of information 
    should be compatible with the purposes for which it was originally 
    collected;
         Personal data should be accurate, relevant, and up-to-
    date;
         Individuals should be informed how personal data will be 
    used and should be allowed to examine and correct this information; and
         Transmission of personal data should not be unduly 
    restricted or subject to burdensome authorization procedures.
    Recommended Action
        In order to foster consumer confidence in the GII and to encourage 
    the growth of interconnected global networks, users must feel that they 
    are afforded adequate privacy protection. To this end, the United 
    States will join with other governments to:
         Identify key privacy issues that need to be addressed in 
    relation to the development of national and global information 
    infrastructures;
         Work with both the public and private sectors to achieve 
    consensus on a set of fair information principles for the collection, 
    transfer, storage, and subsequent use of data over national and global 
    information infrastructures;
         Ensure that privacy protection does not unduly impede the 
    free flow of information across national borders;
         Share information on new privacy protection policy 
    developments and on new technologies and standards for privacy 
    protection; and
         Encourage the use of voluntary guidelines developed by 
    international bodies, such as the OECD, as the best means of ensuring 
    the protection of privacy on an international basis.
    2. Security and Reliability
        A network as vast and complex as the GII will pose difficult 
    security challenges for all nations. The same modern technology that 
    makes communication faster and easier also makes communications systems 
    vulnerable to ever greater security risks. These risks are not newmost 
    are well-known among security managers. What is new is that these risks 
    are much more widespread, are potentially much more serious, and affect 
    a population of users who do not have the information or training to 
    deal with them.
        The anonymous and impersonal nature of computer crime, for example, 
    makes this problem particularly unsettling, for legal systems depend 
    upon their ability to identify the malfeasors. Yet serious violation of 
    privacy or property rights can be accomplished by destruction or 
    alteration of information by anonymous individuals in remote locations, 
    with not a fingerprint in sight. The technical challenges of protecting 
    the privacy and integrity of information stored in computer systems are 
    even greater than those that apply to information transmitted by 
    telephone. And as was true with the telephone, legal as well as 
    technological solutions are needed.
        Security includes the integrity, confidentiality, and reliability 
    of the networks and of the information they carry. If users do not 
    believe that an information infrastructure is a trustworthy, reliable 
    system, they will be reluctant to use it, thereby diminishing its 
    value. To gain maximum benefit from global networks, users must be 
    confident that the messages they receive are authentic, that sensitive 
    information is available only for authorized use, and that unauthorized 
    users cannot access, alter, or destroy information.
        In addition to protecting the security of information that is 
    transported over the GII, governments and industry must guarantee the 
    reliability of the network itself. In the event of breakage or service 
    interruption, network operators must work quickly and cooperatively to 
    repair damage and provide backup systems to minimize the duration of 
    any such interruptions. To have a truly global infrastructure, greater 
    emphasis must be placed on resolving reliability concerns, including 
    such issues as network performance, network connections and 
    interoperability, the development of new technology, and regional and 
    demographic differences in reliability.
    Recommended Action
        To promote the development of a secure and reliable GII, the United 
    States will join with other countries to:
         Work collectively to increase the reliability and security 
    of national and international information infrastructures;
         Initiate a broad international dialogue among users, 
    providers, and all [[Page 10368]] other participants in the GII on 
    issues related to protecting the confidentiality and integrity of 
    information transmitted and stored on global networks;
         Exchange information and encourage further cooperation 
    within regional and international organizations such as the ITU and the 
    OECD on measures to ensure network security and reliability, including 
    the sharing of outage information;
         Share information regarding the best means available to 
    advance security goals while not impeding progress on other GII 
    principles, such as the promotion of competition and open access; and
         Exchange information about, and accelerate efforts to 
    develop new technologies needed to improve the security of the GII 
    (e.g., encryption, digital signatures, and firewalls.)
    3. Intellectual Property Protection
        Protection of intellectual property rights is essential to the 
    development of a successful GII. In order to promote creativity and 
    provide the broadest possible access to the world's media and 
    information sectors under viable commercial conditions, countries will 
    need to protect the creative content of the GII--text, images, computer 
    programs, databases, video and sound recordings, as well as multimedia 
    products.
        Providing for adequate and effective protection of intellectual 
    property in the digital environment requires complex legal and 
    technical solutions. Some of these solutions may be viewed as 
    controversial by some users of the system. However, the cost to society 
    of inadequate intellectual property protection far outweighs these 
    concerns. Inadequate protection of intellectual property discourages 
    the creation of copyrighted works, creates barriers to innovation, 
    stifles the use of new applications, and diminishes foreign investment. 
    It jeopardizes the work of researchers, creative artists, and a wide 
    variety of entrepreneurs.
        It goes without saying that if creative works are not adequately 
    protected, their creators will be reluctant to permit them to be 
    distributed over the GII. For this reason, rightsholders must not be 
    compelled to license rights to their works. Instead, GII participants 
    should cooperate to find legal, market-based alternatives to compulsory 
    licensing. Reliable and efficient means of transferring intellectual 
    property rights must also be assured. They might, for example, adopt 
    various licensing arrangements, such as on-line and off-line licensing, 
    direct licensing, and voluntary collective licensing. More sensitive 
    issues, however, may have to be addressed on an individual basis. For 
    example, licensing of rights may be done on a per-use, per-work, or 
    other basis. Licensing of rights for multimedia works, which involve a 
    number of copyrights--not all of them with obvious attributions--could 
    be facilitated by special licensing arrangements.
    Recommended Action
        The GII cannot achieve its promise if authors, producers, and other 
    content creators are not guaranteed adequate protection of their 
    intellectual property rights. To achieve this protection, the United 
    States will join with other governments to:
         Cooperate in national, bilateral, regional and 
    international fora (such as the World Intellectual Property 
    Organization) to achieve high levels of intellectual property and 
    technical protection in order to guarantee to rightsholders the 
    technical and legal means to control the use of their property over the 
    GII;
         Ensure that voluntary licensing regimes provide 
    rightsholders and potential users of copyrighted works maximum 
    flexibility in negotiating the conditions governing the use of 
    copyrighted works, eliminate compulsory licensing, and guard against 
    the imposition of standards that would impede the free-flow of 
    information;
         Provide effective enforcement against the unauthorized use 
    of a copyrighted work (infringement), including severe legal penalties 
    and vigilant monitoring. Enforcement is particularly critical as 
    technological innovations jeopardize the existing ability of rights 
    holders to protect their works;
         Encourage the development and use of technological 
    capabilities and safeguards, such as software envelopes, headers, 
    assurances of authenticity, and encryption methods to complement 
    existing copyright management techniques and prevent infringement at 
    all levels. Cooperative efforts to develop testbeds, define standards, 
    and construct infrastructure components for these safeguards should be 
    encouraged, as should measures to prevent or render illegal the use of 
    devices to overcome these safeguards; and
         Work in collaboration with intellectual property-based 
    industries towards greater efforts to educate others about the 
    importance of intellectual property protection.
    
    B. Applications: Delivering the Benefits of the GII
    
        Given that the value of the GII will be determined by how people 
    benefit from it, governments must cultivate active participation by 
    consumers and businesses in the application of new technologies. By 
    working together in creative partnerships, the public and private 
    sectors can apply information and telecommunications technology to a 
    variety of critical and complex issues: improving productivity and 
    economic growth in an increasingly competitive and interdependent 
    global economy; providing adequate health care; ensuring the 
    development of workforce skills through education and training; 
    providing equitable access to information through public institutions, 
    such as libraries; enhancing leisure-time activities; protecting 
    natural resources and the environment; and ensuring the delivery of 
    government services and information.
        Many governments are already examining ways to promote the 
    development of the information infrastructure and to demonstrate, 
    through pilot projects and testbeds, the myriad benefits of new 
    technologies. In the United States, the National Information 
    Infrastructure (NII) initiative includes a Federal matching grant 
    program that provides support for planning and demonstration projects 
    initiated by state and local governments and non-profit entities in 
    such fields as health care and education.6 The U.S. NII initiative 
    also includes a number of other federally supported applications in the 
    areas of environmental monitoring, digital libraries, international 
    transportation and trade, and the electronic dissemination of 
    government information.7
    
        \6\Administered by the National Telecommunications and 
    Information Administration, the basic objective of the 
    Telecommunications and Information Infrastructure Assistance Program 
    (TIIAP) is to provide clear and visible demonstrations to people at 
    the local level of the advantages that can be accrued in their daily 
    lives as a result of having access to a modern, interactive 
    information infrastructure.
        \7\Additional information on how information infrastructure 
    applications can benefit people can be found in two reports from the 
    U.S. Information Infrastructure Task Force's Committee on 
    Applications and Technology: ``Putting the Information 
    Infrastructure to Work,'' National Institute of Standards and 
    Technology Special Publication 857, Gaithersburg, MD., 1994; and 
    ``The Information Infrastructure: Reaching Society's Goals,'' 
    National Institute of Standards and Technology Special Publication 
    868, Gaithersburg, MD., 1994.
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        The reach of applications being developed around the world can be 
    expanded internationally through collaborative projects among 
    [[Page 10369]] commercial entities, academic institutions, and private, 
    voluntary, and multilateral organizations. International applications 
    have the unique potential to permit countries not only to bring diverse 
    global resources to bear upon local problems and needs, but also to 
    find solutions to needs that transcend national boundaries, such as 
    environmental monitoring and global trade and commerce.
        These applications can transform the possibilities of the GII into 
    realities for citizens around the world. What follows is an 
    illustrative, but not exhaustive, list of examples that demonstrate the 
    value of expanding collaborative efforts in the development of 
    international applications:
         Distance learning projects can make available a wealth of 
    educational resources to improve local educational and training 
    capabilities, offering cost-saving, effective alternatives to overseas 
    studies;
         Computer networks linking medical school libraries and 
    remote sites can improve the delivery of health care services, 
    particularly to rural communities, by expanding access to demographic, 
    epidemiological, and medical reference materials. In Zambia, district 
    hospitals are being linked for clinical consultation, distance 
    learning, health literature dissemination, and epidemiological data 
    exchange. African medical libraries are linking up with libraries 
    overseas for research and document delivery services;
         Satellite and radio-based systems that collect and 
    disseminate health statistics can be used to identify underserved 
    segments of the population and to target those areas for expanded 
    delivery of family health services;
         Remote sensing can be used to identify and protect 
    important ecological systems. The Administration is promoting an 
    international partnership, known as Global Learning and Observation to 
    Benefit the Environment (GLOBE), that will allow children all over the 
    world to collect and share environmental data. Students will work with 
    teachers and environmental scientists to expand knowledge about 
    weather, air and water chemistry and quality, biodiversity, and other 
    ``vital signs'' of the Earth. The combined data will be transformed 
    into striking ``pictures'' of the entire planet, allowing each student 
    to see how their school's observation is an important part of the 
    global environment;
         Computer and satellite networks can provide monitoring 
    and, in some cases, early warning of natural disasters, allowing for 
    better coordination of humanitarian assistance efforts between host and 
    donor countries, speeding the delivery of aid and assistance. In the 
    South Pacific, the PEACESAT satellite network has been used to 
    coordinate emergency assistance after typhoons and earthquakes, and to 
    summon medical teams during outbreaks of cholera and dengue fever;
         Computerized market price data for agricultural and 
    horticultural products can provide new agribusiness opportunities and 
    can facilitate direct links between exporters and clients;
         Access to international markets, particularly for small 
    and medium sized businesses, can be created by providing electronic 
    access to information such as transportation schedules and costs, 
    insurance and customs data. The United Nations Conference on Trade and 
    Development (UNCTAD) trade points system uses electronic data 
    interchange and other technologies to establish a network of trade 
    points around the globe. In Algeria, for example, the introduction of a 
    computer-mediated trade point has stimulated an increase in the number 
    of companies involved in international trade from twenty to 2,500;
         Electronic data interchange technologies, which can reduce 
    the administrative cost of international trade transactions by as much 
    as twenty per cent, can help companies increase productivity by 
    streamlining manufacturing and service delivery. Through industry-led 
    consortia such as CommerceNet, companies can explore collaborative 
    engineering, on-line catalogs of products and services, and mechanisms 
    for electronic payments;
         Scientists can continue to explore the use of 
    ``collaboratories,'' tools and virtual environments that allow 
    scientists to work together without regard to space or time. Scientists 
    need the ability to share data and the tools for data analysis, 
    visualization, and modeling, to control remote instruments, and to 
    communicate with their colleagues;
         Using the World Wide Web, individuals and institutions all 
    over the globe have begun to create distributed ``virtual libraries'' 
    on specific subjects. As these opportunities continue to grow, tools 
    for information discovery and retrieval and protection of intellectual 
    property rights will become increasingly important.
        In our view, public-private sponsorship of GII pilot projects and 
    testbeds is worthwhile. It will help identify and address a number of 
    technical, policy, and regulatory barriers to the realization of the 
    GII. These include issues of privacy, security, interoperability, and 
    intellectual property protection, as well as artificially high prices 
    for telecommunications services and outdated rules and regulations 
    designed for paper-based transactions. A strategy that concentrates on 
    ``learning by doing'' is far more likely to resolve these barriers.
        The roles played by governments, the private sector, academic 
    institutions, and non-profit organizations will vary depending on the 
    nature of the application. In some cases, such as global electronic 
    commerce and entertainment services, the private sector should take the 
    lead, while in other areas, such as international public health, 
    cooperation between public health agencies, hospitals, clinics, and 
    universities would be appropriate. Whatever the application, 
    governments must recognize that while they can play an important 
    catalytic role in fostering international collaboration, they should 
    not attempt ``top-down'' management of this process. The Administration 
    hopes and expects that many of the best ideas for global cooperation 
    will bubble up from the grassroots with little or no government 
    involvement.
        Successful applications will set in motion a continuous cycle of 
    demand that will encourage future development of the GII. Demonstrating 
    the power of the GII to successfully address pressing problems will 
    stimulate consumer demand for a variety of products and services at 
    affordable prices. This demand will provide the necessary incentive for 
    the private sector to broaden the reach and expand the capabilities of 
    the GII, enhancing its ability to deliver benefits to people and again 
    increasing demand. As a ``network of networks'' linking people and 
    information, the GII can leverage the collaborative potential of 
    existing efforts and provide real solutions to existing and emerging 
    global issues.
    Recommended Action
        International applications are the best way to demonstrate the 
    potential power of the GII to affect lives all over the world. The 
    United States will join with other countries to:
         Support, along with the private sector, the initiation of 
    pilot projects and testbeds that demonstrate the benefits of the GII, 
    in areas such as electronic commerce, health care, digital libraries, 
    environmental monitoring, and life-long learning, with opportunities 
    for participation by both developed and developing countries;
         Cooperate in the facilitation of electronic information 
    exchanges in support of global trade and commerce;
         Facilitate the sharing of information in the public domain 
    with other [[Page 10370]] countries on government-funded and private 
    sector applications projects to promote a broader understanding of the 
    diversity of technology that can be applied to meet various public 
    needs;
         Encourage the assignment of a higher priority for 
    innovative applications of information technology, which will encourage 
    increased use of the GII;
         Encourage private sector-led efforts to develop 
    application-level standards (e.g. data interchange formats, application 
    program interfaces) to ensure interoperability at the application 
    level; and
         Work constructively to assess and eliminate the barriers 
    to the development and deployment of GII applications.8
    
        \8\ A report of the Conference on Breaking the Barriers to the 
    National Information Infrastructure can be obtained from the Council 
    on Competitiveness in Washington, D.C. The conference was co-
    sponsored by the Council and the Clinton Administration's 
    Information Infrastructure Task Force.
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    IV. Implementing the GII
    
        The various approaches governments have taken in response to the 
    technological convergence of telecommunications and information 
    industries have resulted in the development of asymmetric markets and 
    regulatory environments around the world. These asymmetries often 
    impede the cross-border transfer of services and information among 
    business users, entertainment providers, and consumers. The United 
    States believes that these differences can be overcome, in part through 
    the work of market forces and technological developments, but also in 
    part through collective agreement among all countries to adopt, 
    advance, and apply the core principles of the GII. By working through 
    existing international and regional organizations, and engaging in 
    bilateral efforts, government and industry can remove obstacles 
    blocking the effective development of the GII.
        Multilateral organizations will play a vital role in this effort. 
    In particular, the International Telecommunication Union (ITU), the 
    Organization for Economic Cooperation and Development (OECD), the 
    International Organization for Standardization (ISO), and the World 
    Intellectual Property Organization (WIPO) are uniquely able to 
    contribute practical solutions to problems affecting the development of 
    the GII.
        As the preeminent international organization dealing with 
    telecommunications issues, the United Nations' ITU was the first 
    multilateral forum in which the GII was discussed. With its broad 
    membership of 185 developed and developing countries, the consensus-
    based ITU serves as a global forum for technical discussions ranging 
    from voluntary standards development and frequency allocation 
    activities to network development. Accomplishments already achieved 
    under ITU auspices in technical telecommunications and development 
    issues suggest that the ITU can play a significant role in the GII 
    development process.
        The OECD, an international think tank which undertakes economic 
    research on various aspects of its members' economies and policy 
    concerns, has been constructively addressing telecommunications and 
    information policy issues for several years. Its policy and statistical 
    analyses have contributed to a broader understanding of the economic 
    benefits of liberalization in the information and telecommunications 
    sectors.
        Organizations such as the ISO and the WIPO, which deal with 
    specific cross-sectoral issues, can serve as important fora to discuss 
    and advance issues of open access and information policy. For example, 
    any changes made to bilateral or regional intellectual property regimes 
    may ultimately become issues in the WIPO.
        In addition, both Intelsat and Inmarsat, the treaty-based satellite 
    communications organizations that have played a significant role in 
    advancing global telecommunications, are now contemplating options for 
    restructuring. Because of these organizations' broad international 
    memberships, they could serve as useful fora for review of 
    commercialization alternatives.
        The General Agreement on Tariffs and Trade (GATT) is a multilateral 
    agreement setting out the rules and principles by which countries 
    trade, primarily in the area of goods. The Uruguay Round of GATT 
    negotiations led to the establishment of the World Trade Organization 
    (WTO), which deals with services, investment, and intellectual 
    property--areas that substantively affect telecommunications trade. The 
    General Agreement on Trade in Services (GATS), under the new WTO, 
    includes an Annex on--access to and use of--the telecommunications 
    networks of WTO members, and includes substantive commitments from a 
    number of parties on value-added telecommunications services. More 
    generally, the GATS--access to and use of--telecommunications annex 
    applies to all services for which countries have scheduled market 
    access commitments. Now that it is in effect for the U.S. and most of 
    its major trading partners, the GATS can substantially reinforce the 
    principles of the GII. In addition, there are on-going negotiations, to 
    be concluded by April 1996, to liberalize basic telecommunications 
    services through the Negotiating Group on Basic Telecommunications.
        Regional organizations also have important roles in achieving 
    regional consensus on issues pertaining to telecommunications and 
    information markets. Organizations such as the Inter-American 
    Telecommunication Commission (CITEL) of the Organization of American 
    States (OAS), the Asia Pacific Economic Cooperation (APEC), the 
    Southern Africa Transportation and Communications Commission (SATCC) 
    and the European Conference on Postal and Telecommunications 
    Administration (CEPT), among others, frequently serve as fora for the 
    exchange of valuable information and as test sites for implementation 
    of the most expedient and beneficial policies. These bodies also serve 
    as effective vehicles for improving and enhancing network development 
    and technical cooperation among participants on a regional basis.
        Finally, plurilateral and bilateral dialogues can be arranged among 
    and between nations to focus on particular issues. In addition to the 
    deliberations in regional and international organizations, these 
    discussions can become building blocks for cooperation as together we 
    seek to construct a truly global GII. For example, the G-7 Ministerial 
    Conference scheduled for February 1995 is one of several such 
    opportunities for focused, high-level discussion of the Global 
    Information Infrastructure.
        As important as these international governmental organizations are, 
    perhaps even more important are the numerous formal and informal groups 
    within the private sector. These groups, which range from international 
    trade organizations to professional associations to advocacy groups to 
    industry-led standard-setting bodies, provide communication channels 
    between the people who will actually build and use the GII. Such 
    private sector groups facilitate the international teaming and 
    strategic alliances that will ensure the development of a truly 
    seamless ``network of networks,'' rather than a patchwork of 
    incompatible systems and services.
    
    V. Conclusion
    
        As Vice President Gore noted in Buenos Aires, it is possible to 
    create a global information network that transmits messages and images 
    with the speed of light from the largest city to the smallest village. 
    Through the [[Page 10371]] interconnection of disparate but 
    interoperable networks, these information highways will allow us to 
    communicate as a global communitygiving individuals, businesses, and 
    economies greater access to each other and to a wider range of 
    information. Equally important, the GII will offer governments an 
    unprecedented opportunity to equalize global disparity in 
    telecommunications and maximize the economic and social benefits of the 
    Information Age for their citizens.
    
        Harnessing the global potential of information and communications 
    technologies to this end will require collaboration among the 
    industries that will build, operate, provide, and use services and 
    information available over the evolving national networks. It will also 
    require cooperative efforts among countries, working together 
    bilaterally, regionally, and through multilateral organizations, to 
    facilitate the interconnection of their respective networks and the 
    sharing of information among nations.
    
        In our interdependent world, technological and regulatory choices 
    made in one country can affect those made in neighboring countries, 
    creating a multiplier effect for the GII's development. To help guide 
    this development, the Administration proposes five core 
    principlesprivate investment, competition, open access, a flexible 
    regulatory environment, and universal service. These principles, we 
    believe, along with effective information policies, will provide a 
    foundation upon which the GII can be built.
    
        The overarching goal of the ``Agenda for Cooperation'' is to foster 
    the cooperation that will be needed to spur the transformation of a 
    thousand discrete networks into a connected, interoperable global 
    information infrastructure. As all nations take steps to develop and 
    upgrade national information infrastructures, we invite you to join 
    with us in ensuring that the benefits of the GII will be available 
    throughout the world.
    
    Larry Irving,
    
    Assistant Secretary for Communications and Information.
    
    [FR Doc. 95-4546 Filed 2-23-95; 8:45 am]
    
    BILLING CODE 3510-60-P
    
    

Document Information

Published:
02/24/1995
Department:
National Telecommunications and Information Administration
Entry Type:
Notice
Action:
Administration policy statement.
Document Number:
95-4546
Dates:
Comments may be filed at any time.
Pages:
10359-10371 (13 pages)
Docket Numbers:
Docket No. 950217053-5053-01
PDF File:
95-4546.pdf