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86 EXPANDING GLOBAL COMMUNICATIONS SERVICESspecified bands for Regions 1 and 3 as newAppendix S30 of the RR. Thus, the “engineering”will continue and there will be no return to the pure“first come first served” concept anymore, at leastin my opinion!15. Lyall’s question as to “Public ServiceAllotments?”, on the contrary, is, in my view veryrelevant and timely and merits the greatest attentionpossible by UNISPACE III. I entirely agree withhis petitum “to secure the requirements of certainservices which fall into a ‘public service’category”, as this would indeed be “in the generalworld interest”. The ITU provisions in CS No. 17and 191 (concerning safety of life) and 200(concerning distress calls and messages) fullysupport the idea of entering for such publicservices appropriate allotments in an agreed plan(cf. RR S1.17) to be worked out under the ITUauspices indeed in the best understood “generalworld interest”. I strongly hope that UNISPACE IIIwill pronounce itself in favor of such enhancedsecurity measures and invite the ITU to act andimplement them accordingly.16. Lyall proposes that “more should be made of theconcept of ‘cost recovery’” (see paragraph 11above) and that “consideration should be given tothe introduction of a ‘Resource Utilisation Fee'”(see page 77), according to the device that “thosewho are to gain commercially by the use of ageneral natural resource should be willing to payfor it”. This is undoubtedly a most interesting ideafor which he also quotes certain precedents. Hisassertion that “the free use of space” in Article I,paragraph 2 of the Outer Space Treaty would onlymean “available to all” and that the word “free”would not exclude charging a “fee” for such usefreely available is rather clever, and I like it.However, as he himself, I foresee “doubtlessopposition”, though not necessarily for the reasonof an “unlawful tax on enterprise”. I see muchmore difficulties coming from the innumerablequestions related to the introduction, the fixing andthe collection of the fee (in particular by which‘supra-national’ authority?), and finally to the usemade out of such fee, all questions which Lyallhimself sees as well. For such questions it may bevery difficult to find generally acceptable answersand solutions, and, for this reason alone, the wholeconcept risks to remain an academic andhypothetical one and may never see the light of dayin practical terms ! Unless... .it might convincinglybe coupled with the next idea of Lyall’s, namely thecreation of ”an international regulator”, who couldbe financed out of the income from the collection ofsuch fees, as I hold the other uses which Lyallenvisages for spending such income as too remotefrom the subject matter itself i.e.“telecommunications”, a remoteness which wouldnot exist in the use just proposed by me!17. Thus, I come to the penultimate section of Lyall’sindeed stimulating discussion paper, i.e. “AnInternational Regulator” (see page 78), whom Iwould immediately and more precisely prefer to becalled “an international telecom regulator”, aterm against which I cannot imagine that Lyallwould raise any objection! Now more to the detailsof this concept itself, which is perhaps the mostfascinating idea in this paper and corresponds to(or is inspired by?) the currently, quite modernconcept of an “independent regulator”, asadvocated by the relevant EU Directives andcreated already at many national levels! One thingindeed must be ensured, i.e. that such aninternational telecom regulator, onceinstitutionalized and installed, has to act quiteindependently. Precisely in the interest of “generalworld public interest in the provision of globaltelecommunications services open to all withoutdiscrimination” and to preserve and protect“telecommunications as a public service” (Lyall),such independence is imperative. Such regulatorcould ensure - at the international level - thebenefits of real competition for the public at largeand supervise, control and direct the telecommarkets’ evolution. Thus “the establishment bycompanies of dominant positions” in those marketscould be avoided, in order not to fall from the old“monopolies” into a few “oligarchies” producingthe same results as the former! Nationallyprevailing interests in e.g. licensing could by sucha regulator be counterbalanced and be madecompatible with “the welfare of the world as awhole” (Lyall) both at the technical, economical
EXPANDING GLOBAL COMMUNICATIONS SERVICES 87and political level. With the adequate decisionmakingcompetence and enforcement powers suchan international telecom regulator could indeed bemost beneficial in acting along the lines briefly andcertainly not exhaustively outlined in thepenultimate paragraph of this Chapter 4 of Lyall’spaper. In spite of his statement at the beginning ofthis Chapter that “the ITU is clearlyoverburdened”, Lyall is completely right in hisconclusion that “the ITU suitably adapted couldprovide this new regulator” (emphasis added here)or telecom regulatory body. Who else would havethe competence and authority in the telecom field totake over such a role, if not the ITU? If allconcerned agree - as it seems - that telecom-wisewe live in a “global village”, then we also need a“global” or “international telecom regulator”, aswithout such a regulator there will be no order inthat “village”. Such a recognition - after all thistalk during the last decade, at least, aboutderegulation etc. - comes rather late: but ‘better latethan never’! The ITU would, beyond any doubt, bethe appropriate focal point or “point of anchorage”for establishing such an international telecomregulator through which this world might indeed -to use once again Lyall’s own words - “come closerto the provision of global telecommunications bysatellite open to all without discrimination and ona basis of equality”! This workshop should have thecourage to recommend to UNISPACE III to includein its conclusions and recommendations aninvestigation and study ventilating the possibilitiesfor, and aiming at, the creation of such aninternational telecom regulator within the ITU.18. It is quite correct that, in his last, very shortChapter, Lyall, at least, raises the burning issue of“The Content of Telecommunications’’, as it iswise that he decided “not to pursue” - in the contextof this discussion paper on “InternationalTelecommunications - all the questions he raisedtherein and all the others which also remain openand are not mentioned therein, but are “content”-related and badly require answers and solutions, sothat “this aspect of expanded globaltelecommunications should not be neglected”(Lyall). As important as they are, they go farbeyond “ the technical side” (Lyall), with whichalone we are dealing here and for the treatment ofwhich the ITU remains worldwide the best place,whereas the ITU is neither mandated nor equipped,nor should it, in my view, ever claim to become orbe made competent, to deal with any matter relatedto “the content of telecommunications”, followingthus the good, old advice : “Cobbler, stick to yourlast!”19. My foregoing comments, I hope, have amplytestified the excellency of Frank Lyall’s discussionpaper, the contents of which has been - at least forme - as “sprightly” and rich of new ideas asstimulating and provocative, like a real “discussionpaper” by its very nature and purpose should be!20. With the further and final hope that Frank Lyall, inhis good Scottish sense of humor, will understandand appreciate that I could not always agree withhis philosophy, ideas and arguments, and lookingforward to his replies to my comments, I close here,so that you, Mr. Chairman, may pass on the floorto the two other commentators on his discussionpaper! I thank you and the audience for the patiencewith which you have listened to me!Commentary PaperJonathan F. GallowayProfessor of PoliticsLake Forest CollegeLake Forest, IL 60045U.S.A.1. Professor Lyall raises the question of howcommunications revolutions can have consequenceswhich are both efficient and equitable, (p. 64)I would answer that innovations can be introducedin both an efficient and equitable manner, althoughnot necessarily. If we rely on utilitarian ethics andare concerned with the consequences of our actions
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IntroductionThe Workshop on Space L
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SESSION ONEExisting United Nations
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220Session 3: Wednesday. 21 July. 1
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223Annex IITHIRD UNITED NATIONS CON
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