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Article #1909PNETS Statement by OFTA on 2nd December, 1995
From: Lawrence Cheung
Date: Mon, 04 Dec 1995 00:00
Date: Mon, 04 Dec 1995 00:00
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24834 bytes
PNETS Statement By OFTA H.K. on 2nd December, 1995
Original URL http://www.ofta.gov.hk
You can also find on http://hktel.com
_________________________________________________________________
PAYMENT OF INTERCONNECTION CHARGES
BY INTERNET SERVICE PROVIDERS
Statement by Mr Alexander Arena
Telecommunications Authority (TA) in Hong Kong
PURPOSE
This Statement gives the considered views of the
Telecommunications Authority (TA) on the requirement for
the Internet Service Providers (ISPs) to pay the
interconnection charges approved under the tariffs of
Hong Kong Telephone Company Limited (HKTC) for lines
between the ISPs� systems and HKTC�s network to enable
ISPs� customers to access information over the World Wide
Web (WWW).
1. This Statement confirms the position under the law as it
currently stands. It does not deal with the issues from the
perspective of how charging policy may develop - this is
subject to the conduct of the reviews mentioned in paragraphs
28 to 33 inclusive.
BACKGROUND
2. On 22 March 1995, the TA issued a Statement clarifying the
licensing requirement for telecommunications services offered
over the public telecommunications networks in Hong Kong, in
particular, Internet access and bulletin board services. The
Statement identified a series of �elements� to be examined in
classifying whether a service is a public telecommunication
service (paragraph 3).
3. On 29 September 1995, OFTA issued a circular letter to all
ISPs confirming that the lines between the system of an ISP
and the network of HKTC used for the retrieval of information
and files not originating from the ISP (e.g. information and
files retrieved over the World Wide Web (WWW) from databases
located throughout the world) are subject to the
�interconnection charge� approved by the TA under the tariffs
of HKTC. The circular letter was also intended to clarify
that the �service which only sells information� referred to
in paragraph 4 of the March 1995 Statement would not include
a service offered by an ISP which acts as a carrier of
information from information providers to the customers of
the ISP.
4. Subsequent to the issue of the September 1995 circular
letter, the TA has held meetings with the ISPs and received
nine written submissions from ISPs and Fixed
Telecommunications Network Services (FTNS) operators. A
summary of the written submissions is given in the Annex. As
can be seen from the Annex, the views are divided : most ISPs
wishing to avoid the charge; most FTNS operators
(particularly HKTC) wishing the current charges to be
enforced and the charge paid by ISPs. The TA has considered
the views expressed in these submissions and has taken legal
advice.
5. As all network operators, service providers and users are
required to comply with the law at all times, it is the
factual position under the current law that the TA must
enforce when it comes to payment of interconnection charges.
Looking to the future, the TA is reviewing the policies on
the interconnection charges. This includes whether the
interconnection charge is equitable and whether the level of
the charge is appropriate. If any change is warranted as a
result of the review, the appropriate revisions will be made
to the law at a future time and all parties will be, of
course, expected to comply with the revised law at that time.
The time table of the review is discussed further in
paragraphs 31and 32 below.
TA�S CONSIDERATIONS
Criteria for the Payment of Interconnection Charge
Under the tariffs approved by the TA in accordance with the FTNS
Licence granted to HKTC, HKTC is entitled to levy the
�interconnection charge� on customers using lines connected to
the PSTN for the provision of services licensed as �Public
Non-Exclusive Telecommunications Services (PNETS)�. Thus an ISP
needs to pay the �interconnection charge� if the service the
ISP provides needs to be licensed as a PNETS under the law.
The �interconnection charge� of the lines connected to HKTC�s network
is referred to in this Statement only because at present, only
one FTNS operator, i.e. HKTC, is offering such a service. When,
in future, other FTNS operators also offer the service, then
ISPs will have a choice of operators. The charges of
non-dominant FTNS operators (i.e. currently Hutchison
Communications, New T&T Hong Kong and New World Telephone) are
not subject to approval by the TA.
What Constitutes the Operation of
a Public Telecommunication Service
Under section 8(1)(a) of the Telecommunication Ordinance, a licence is
required for the establishment or maintenance of any means of
telecommunication. However, the Telecommunication (Fixed
Telecommunication Network Services)(Exemption from Licensing)
Order (the �Exemption Order�) (LN 293 of 1995) exempts a
customer of an FTNS licensee from the licensing requirement for
the operation of telecommunications equipment (not being a
radiocommunication equipment) connected to the FTNS if the
customer does not use telecommunication equipment to operate a
public telecommunication service. Thus anyone, including an
ISP, is not required to pay the �interconnection charge� for
lines connected to the system not used for the operation of a
public telecommunication service.
Although the term �public telecommunication service� is not defined,
the words �telecommunication service�, in so far as relevant,
are defined in the Telecommunication Ordinance as the provision
of facilities for use by members of the public or any person
for the transmission or reception of messages. It follows that
whether an ISP is operating a public telecommunication service
depends on whether the system of the ISP can be said to be
provided for use by members of the public for the transmission
or reception of messages.
What constitutes the �provision of facilities for use by members of
the public for the transmission or reception of messages� can
best be illustrated by a few examples.
FIGURE 1
[IMAGE]
Figure 1 shows a telephone of a business connected to the PSTN for the
provision of an enquiry service providing information
concerning the business to any member of the public. It is
clearly the intention of the Exemption Order to exempt the
business from any licensing for the operation of such a
telephone. To argue that the members of the public
communicating with the business over the PSTN have used the
business� telephone for the reception or transmission of
messages and therefore the business has somehow provided this
telephone for public use would lead to the absurd conclusion
that the business would need a telecommunication licence to
operate that telephone. It therefore follows that in the
situation shown in figure 1, the business operating that
telephone cannot be said to be providing that telephone for the
use by the members of the public for the transmission or
reception of messages. The business is merely providing that
telephone for use by itself for the transmission or reception
of its own messages.
FIGURE 2
[IMAGE]
Figure 2 shows a computer connected to the PSTN for the operation of
an electronic bulletin board service for the dissemination of
information of the operator of that service. There is not much
logical difference between such a computer and the business
telephone in figure 1 except that the human manning the
telephone has been replaced by a computer. Accordingly, the
operator of the computer cannot be said to be providing a
facility for use by the members of the public for the
transmission or reception of messages. Rather the operator of
the computer is providing a facility for use by itself for the
transmission or reception of its own messages.
If the business telephone in figure 1 is open to use by any member of
the public to make telephone calls or if the bulletin board
service in figure 2 is used for the display and posting of
messages from any member of the public, then clearly the
telephone or the bulletin board service is providing a facility
for the use of members of the public for the transmission or
reception of messages. Licensing would be required under the
Telecommunication Ordinance.
It is the common characteristic of all services licensed under the
PNETS licence that the services all convey messages of
customers or �third parties�. For example, a value-added
facsimile service stores and forwards facsimile messages
accepted from customers to the service. An electronic-mail
service conveys messages between users of the service. An
electronic bulletin board service used for the exchange of
information between users effectively conveys messages between
the users.
Thus a consistent interpretation that has been applied in the past is
that the provision of facilities for use by members of the
public for transmission or reception of messages should be
taken to mean the provision of facilities for the conveyance of
messages of the members of the public.
The Above Principles as Applied to
the World Wide Web Service
The World Wide Web (WWW) is one of the services for the dissemination
of information over the Internet. WWW documents are stored in
computers known as �servers�. There is a huge number of servers
scattered throughout the world. The servers are identified by
Uniform Resource Locators (URL) which contain the domain names
of the servers on the Internet network and the path and file
names of the documents in the servers.
A user can retrieve information from a WWW server through the service
of an ISP. The user�s computer is connected to the ISP�s system
either through a dedicated circuit (for large corporate users)
or a dialled-up connection over the Public Switched Telephone
Network (for the typical small or home users). To enable
dialled-up access, the ISP�s system is connected to the PSTN
through dedicated telephone lines. The ISP�s system is also
interconnected with overseas ISPs through international private
leased circuits (IPLCs) or other ISPs with IPLC connections.
The ISP�s system may be interconnected with other local ISPs
through direct links or an ISP exchange system.
FIGURE 3
[IMAGE]
The Internet user�s computer is typically equipped with a �browser�
programme. To reach the required WWW server identified by the
URL, the browser queries the ISP�s system for the address of
the server. The ISP�s system obtains the address either from
its own database on domain names or makes enquiries to other
databases. Once the address of the required server is obtained,
the browser sends the file request in the form of packets to
the remote WWW server through the Internet. The packets may be
routed by many intermediate nodes of different networks before
they reach the destination. On receiving the packets, the
server validates the request and returns the required document
file, also in packet form, to the user via the IPS�s system.
It is apparent that the primary function of the ISP�s system is the
conveyance of messages between the Internet users and the WWW
servers. Such a conveyance function includes the translation of
addresses and the routing of data messages in data packet form.
The ISP is not responsible for the content of the messages or
the information from the WWW databases. The ISP is basically
operating as a node to convey messages between WWW servers and
the ISP�s customers. Performing functions in this mode, ISPs
are therefore operating a public telecommunication service.
The above describes the case where the WWW servers are remote from the
system of the ISP. It is possible that some local servers may
be connected to the ISP�s system or that the WWW documents
actually reside in the memory of the ISP�s system (figure 4).
Unless the ISP has assumed responsibility for the content of
the documents attached to, or residing in, its system, the
function of the ISP system is still to convey the messages from
the �authors� originating the documents and the Internet users.
The Internet users are connected to the ISP and so are the
�authors� or information providers. This also indicates that
the ISP is merely providing a service for the conveyance of
messages between users and information providers connected to
its system.
FIGURE 4
[IMAGE]
The only situation when an ISP can be treated as disseminating its own
information is where the ISP has assumed responsibility for the
content of the documents residing in its system, or the servers
connected to it. This is where the ISP has actually
incorporated the information into a service operated by the ISP
and exercised editorial control and bears the associated
responsibilities and possible liabilities over the content of
the documents. The process is not unlike the incorporation of
materials from various reporting agencies into a newspaper or
from various producers into a broadcasting service. The
information has been repackaged into another service with a
separate identity.
In the very unusual situation where an ISP repackages information from
WWW into its own information, the TA agrees that under the
current law, lines for the access to such a database operated
by the ISP are not subject to the interconnection charge, but
the use of these lines would be restricted to the access of
this database only. The lines could not be used for the
customers to access other Web sites. The ISP would, however,
also have to bear all the responsibilities and liabilities
associated with the contents of the information it disseminates
under such a system.
One submitter has argued that �the WWW is a huge computer database
based on multiple networks of Web Servers on the Internet,
cooperating together to form a world wide database of
information. A Content Provider who owns and maintains a Web
Server on the Internet allows repackaging of its content by
other providers, thus forming a larger pool of information�.
Such an argument is not supported by facts. There is a huge
number of independent providers of information on the WWW and
there is no evidence of any cooperative agreement among them.
An ISP cannot therefore simply claim that it has assumed the
responsibility or ownership of all the content available on the
myriads of databases connected to the WWW without documentary
proof.
Some submitters have argued that the ISP may �mirror� the databases,
i.e. the local ISP will download �hot information� from
overseas Web sites and store information in the local computer
for access by local Internet customers. Unless the ISP can
supply documentary evidence that it has assumed ownership or
responsibility for the information so downloaded, this
operation is merely a store-and-forward process which is again
a common method of conveyance in telecommunication services.
CONCLUSIONS
The TA concludes that, under the current law, the lines between the
ISP�s systems and the network of Hong Kong Telephone Company
Limited (HKTC) used for the retrieval of information and files
not originating from the ISP (e.g. information and files
retrieved over the World Wide Web (WWW) from servers located
throughout the world) are subject to the �interconnection
charge� approved by the TA under the tariffs of HKTC.
NEXT STEPS
The TA will follow the following steps to implement his decision above
:
+ A circular letter will be sent to all ISPs informing them of
the decision on WWW in this Statement.
+ All ISPs will have to use �300� prefix interconnect lines for
normal Internet access services with immediate effect.
+ HKTC will be informed of the TA�s decision. HKTC will
directly deal with ISPs to make the necessary arrangements to
ensure that only �300� prefix lines are to be used. HKTC will
be required to conduct the transition of an ISP�s lines to
�300� lines in a quick and fair manner.
+ HKTC is permitted, subject to its conditions of service, to
disconnect ISPs who have not paid their bills. However,
before disconnection, HKTC will have to give 14 days� notice
to the ISP concerned and to inform OFTA at the same time.
OFTA will publish the pending disconnection so that the
customers of the ISP concerned could prepare for the
disconnection and have sufficient time to change their
subscription to another ISP.
INVESTIGATION ON HKTC�S CHARGING METHODOLOGY
AND METERING OF THE INTERCONNECT CHARGE
The TA has also received a number of complaints from ISPs alleging
that HKTC�s charging methodology and metering of the
interconnect charge is unfair and possibly inaccurate. The TA
has conducted a preliminary investigation into HKTC�s existing
charging system for PNETS. While the results of the
investigation show that there are no gross errors in the
current metering system, the TA has identified a number of
improvements that should be implemented. Accordingly, the TA
will organize a workshop for all interested ISP�s on this
matter. The workshop is scheduled on Wednesday, 6th December
1995 at 3:00 p.m. in OFTA�s Conference Room. Separate
invitations will be sent to all ISPs. The TA intends to issue
his report on the technical investigations before the date of
the workshop.
REVIEW OF THE INTERCONNECTION CHARGE
AND THE ASSOCIATED LEGISLATIVE FRAMEWORK
The TA accepts that the current legislative framework on
interconnection charges imposed on Public Non-Exclusive
Telecommunications Service providers may not be the most
appropriate arrangement given that many new technologies, e.g.
Internet services, have emerged, and there are likely to be
many more new services coming up in the near future.
The TA has already started work on the review of the level of the
interconnection charge (i.e. whether it should be 9 cents a
minute) and the regulatory framework on who should pay, if at
all, this charge.
Work carried out by the TA so far includes :
+ an OFTA project team has been formed to consider the
conceptual principles of the interconnection of PNETS to the
PSTN.
+ OFTA has engaged a consultant (Deloitte Touche Tohmatsu) to
study the costs of using the HKTC network, including the
methodology used for measuring traffic in the HKTC network.
(Started in October 1995; estimated completion date end
January 1996).
+ OFTA is in the final stages of appointing another technical
consultant to audit the accuracy of HKTC and HKTI�s metering
equipment. (Project start date January 1996; completion date
end March 1996).
The TA expects to complete OFTA�s internal study by February 1996.
Based on the results of the internal study, a consultation
paper will be issued around end February 1996 for industry
consultation. The TA intends to complete the entire review
process by end April 1996 and implement the decisions as soon
as possible thereafter.
On a related matter, the current price control arrangements which
apply to HKTC are due to expire in mid-1996. The TA has already
started his review of these price control arrangements and
relevant background papers may be found on OFTA�s BBS service
or OFTA�s Internet Home-page. Clearly the PNETS interconnection
charge will also be a relevant factor in the review of price
control arrangements.
2 December 1995
_________________________________________________________________
TO BE CONTINUED
OFTA Home Page
Technical Details
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X-Google-Language: ENGLISH,ASCII X-Google-Thread: f9688,4192beaeb363f6c1,start X-Google-Attributes: gidf9688,public X-Google-Thread: f4db5,4192beaeb363f6c1,start X-Google-Attributes: gidf4db5,public X-Google-Thread: 104660,4192beaeb363f6c1,start X-Google-Attributes: gid104660,public From: manbond@station.net (Lawrence Cheung) Subject: PNETS Statement by OFTA on 2nd December, 1995 Date: 1995/12/04 Message-ID: <49vg15$6os@news.hklink.net> X-Deja-AN: 120838373 organization: Hong Kong Internet Station newsgroups: aol.internet,hk.comp.pc,hk.general