re: definition of the terms "value added service" and "regulation"
as mentioned in the Telecommunication Amendment Bill

Under Explanatory Notes, Page 3 of the
Telecommunications Amendment Bill, 2004 is this paragraph

---------------------------------------------------
"value added service"

The existing definition creates ambiguity with respect to the
classification of ISPs. Government's policy requires the regulation of
ISPs as public data telecommunications service providers.
The revised definition (of value added services) is in accordance with
this policy prescription as the definition makes it clearer that value
added services are services that provide content and shall not include
services by which such content is provided. ......
----------------------------------------------------

QUOTE: Government's policy requires the regulation of ISPs as public
data telecommunications service providers". ENDQUOTE

The explanatory notes are NOT part of the actual amendments but they
explain what the government hopes to achieve by approving these
amendments for inclusion into the telecom act and subsequently
proclaiming the entire act.

What are "public data telecommunications service providers"?
There is no definition either in the actual Telecommunication Act, 2001,
the Telecommunication Amendment Bill, 2004 or the National Broadcast
Policy (http://www.fastforward.tt/plan/documents/broadcastpolicy.asp)

How can government seek to regulate such a provider when it does not
have a proper definition of such a provider?


Re: regulation
---------------

Th government's policy is to "regulate" Internet Service Providers
(ISPs) but what is the definition of the term "regulation"?
Does it mean censorship? (this has failed in most countries
where it has been advocated). Does it mean government will be
increasing the licence fees and other forms of taxation for ISPs?
Does it mean that the government minister in charge of telecom
will be able to influence the operations of ISPs other than TSTT?
Does it mean that end-users will be subject to license fees
and other forms of additional taxation?

The official government "national broadcast policy" does not define
the term "regulation" in relation to the
(i) internet
(ii) Internet Service Providers (ISPs) or
(iii) content (text, video, images, data, etc) downloaded
from the Internet

The Internet is a global network of inter-connected computers. There are
standards for communication across this network (e.g TCP/IP is the
standard for which data is transmitted from computer to computer.)

ISPs must conform to these standards in order to be part of this
global network. Hence, the traditional need to regulate the ability of
telecom service providers to interconnect with other telecom service
providers does not apply. Either the ISPs are part of the network (ie
the Internet) or they are not.

Problems such as an ISP or telecom service provider :
- deliberately interfering with the operation of another ISP
or telecom service provider.
- having unauthorised access to service equipment owned
by another provider or ISP
- tampering with computer equipment owned by another ISP or service
provider.

are covered under existing local laws such as the Computer Misuse Act.

Hence there is no need for Government to enact policy or laws to
specifically regulate the Internet and/or ISPs which allows end users
with computer equipment (e.g computers, PDAs, etc) to connect to the
Internet.

The telecom act is about the establishment of a telecom authority and
its operational parameters. Anything in this current telecom act and or
its amendment(s) that references UNDER-defined or vague "policies" has
to be either properly defined or removed from influencing the final
telecom bill.

-- 
Dev Anand Teelucksingh
Trinidad and Tobago Computer Society at http://www.ttcsweb.org/
"networking local computer users!"