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[Senate Treaty Document 104-34]
[From the U.S. Government Publishing Office]




104th Congress                                              Treaty Doc.
                              SENATE        
 2d Session                                                      104-34
_______________________________________________________________________


 
CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION

                               ----------                              

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION 
 UNION (ITU), WITH ANNEXES, SIGNED AT GENEVA ON DECEMBER 22, 1992, AND 
   AMENDMENTS TO THE CONSTITUTION AND CONVENTION, SIGNED AT KYOTO ON 
 OCTOBER 14, 1994, TOGETHER WITH DECLARATIONS AND RESERVATIONS BY THE 
              UNITED STATES AS CONTAINED IN THE FINAL ACTS




  September 13, 1996.--Constitution and Convention was read the first 
   time and, together with the accompanying papers, referred to the 
Committee on Foreign Relations and ordered to be printed for the use of 
                              the Senate.


CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION


104th Congress                                              Treaty Doc.
                              SENATE        
 2d Session                                                      104-34
_______________________________________________________________________


                  CONSTITUTION AND CONVENTION OF THE

                 INTERNATIONAL TELECOMMUNICATION UNION

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION 
 UNION (ITU), WITH ANNEXES, SIGNED AT GENEVA ON DECEMBER 22, 1992, AND 
   AMENDMENTS TO THE CONSTITUTION AND CONVENTION, SIGNED AT KYOTO ON 
 OCTOBER 14, 1994, TOGETHER WITH DECLARATIONS AND RESERVATIONS BY THE 
              UNITED STATES AS CONTAINED IN THE FINAL ACTS




  September 13, 1996.--Constitution and Convention was read the first 
   time and, together with the accompanying papers, referred to the 
Committee on Foreign Relations and ordered to be printed for the use of 
                              the Senate.


                         LETTER OF TRANSMITTAL

                              ----------                              

                               The White House, September 13, 1996.
To the Senate of the United States:
    With a view to receiving the advice and consent of the 
Senate to ratification, I transmit herewith the Constitution 
and Convention of the International Telecommunication Union 
(ITU), with Annexes, signed at Geneva on December 22, 1992, and 
amendments to the Constitution and Convention, signed at Kyoto 
on October 14, 1994, together with declarations and 
reservations by the United States as contained in the Final 
Acts. I transmit also, for the information of the Senate, the 
report of the Department of State with respect to the 
Constitution and Convention and the amendments thereto.
    The 1992 Constitution and Convention replace the ITU 
Convention signed in Nairobi in 1982. Prior to the 1992 
Constitution and Convention, the ITU Convention had been 
routinely replaced at successive Plenipotentiary Conferences 
every 5 to 10 years. The 1992 Constitution and Convention 
represent the first basic instruments of the ITU intended to be 
permanent. Basic provisions on the organization and structure 
of the ITU and fundamental substantive rules governing 
international telecommunications matters are embodied in the 
Constitution. The ITU Convention is comprised of provisions on 
the functioning of the ITU and its constituent parts.
    The 1992 Constitution and Convention reflect the effort by 
ITU Member countries to restructure the ITU to make it more 
effective in responding to the changes taking place in 
telecommunications. The United States is pleased with the 
restructuring of the ITU. The changes adopted are expected to 
enable the ITU to meet challenges brought on by the dynamic 
telecommunications environment.
    The 1994 ITU Plenipotentiary Conference was convened less 
than 4 months after the entry into force of the Constitution 
and Convention to amend the 1992 Constitution and Convention. 
Recognizing that more time should be allowed to evaluate the 
extensive changes to the structure of the ITU, the Conference 
adopted only a few minor amendments, which were acceptable to 
the United States.
    In signing the 1992 Constitution and Convention and the 
1994 amendments, the United States made certain declarations 
and reservations. The specific declarations and reservations 
are discussed in the report of the Department of State.
    The 1992 Constitution and Convention entered into force 
July 1, 1994, for states which, by that date, had notified the 
Secretary General of the ITU of their approval thereof and, in 
the same manner, the amendments to the Constitution and 
Convention entered into force on January 1, 1996.
    Subject to the U.S. declarations and reservations mentioned 
above, I believe the United States should be a party to the ITU 
Constitution and Convention, as amended. They will improve the 
efficiency of management of the ITU and will allow it to be 
more responsive to the needs of the United States Government 
and private sector. It is my hope that the Senate will take 
early action on this matter and give its advice and consent to 
ratification.

                                                William J. Clinton.


                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                         Washington, July 15, 1996.
The President,
The White House.
    The President: I have the honor to submit to you, with a 
view to transmission to the Senate for advice and consent to 
ratification, the Constitution and Convention of the 
International Telecommunication Union (ITU), with annexes, 
signed by the United States at a Plenipotentiary Conference at 
Geneva on December 22, 1992; Amendments to the Constitution and 
Convention, signed by the United States at Kyoto on October 14, 
1994; and U.S. declarations and reservations, as contained in 
the Declarations and Reservations made by participating Member 
countries at the end of the Geneva and Kyoto Conferences.
    The texts of the 1992 Constitution and Convention, with 
annexes and U.S. declarations and reservations, are contained 
in a bound volume, which also includes texts of the following 
documents that do not require ratification by the United 
States: (1) declarations and reservations of other governments; 
(2) an Optional Protocol to the Convention; (3) Resolutions; 
and (4) a Recommendation. The certified English language texts 
of the 1992 Constitution and Convention and other Acts are 
submitted herewith. Certified copies of the texts in Arabic, 
Chinese, French, Russian, and Spanish are also available.
    The texts of the 1994 Amendments to the Constitution and 
Convention, with U.S. declarations and reservations, also are 
contained in a bound volume which includes other documents that 
do not require ratification by the United States. The certified 
English language texts of the 1994 Final Acts are submitted 
herewith. Certified copies of the texts in Arabic, Chinese, 
French, Russian, and Spanish are also available.
    The ITU, with over 180 member States, is the United Nations 
specialized agency responsible for international 
telecommunications. The ITU is the principal global forum for 
telecommunication standardization activities, for management 
and use of the radio spectrum, and for promoting and offering 
technical assistance in the field of telecommunications to 
developing countries. At their 1989 Plenipotentiary Conference, 
ITU Members, while adopting a Constitution and Convention, 
decided to create a High-Level Committee (HLC) to examine the 
structure and functioning of the ITU and to make 
recommendations on changing the ITU to ensure that it could 
effectively deal with the rapidly changing telecommunications 
environment, including the introduction of new technologies and 
services. The United States was one of the 21 ITU Members on 
the HLC. The HLC issued a report entitled ``Tomorrow's ITU: The 
Challenges of Change'' that recognized the rapid changes in 
telecommunication technologies and services and made numerous 
recommendations aimed at restructuring the ITU so that the ITU 
would continue to play its leading role in world 
telecommunications. The United States generally supported the 
recommendations of the HLC and their implementation.
    The 1992 Geneva Conference was convened to consider 
proposals by ITU Member countries concerning the restructuring 
of the ITU. Proposals were based on the recommendations of the 
HLC as well as the views of Member countries. The 1992 
Conference decided to recommend that ITU Members not bring the 
1989 ITU Constitution and Convention into force, but that they 
instead adopt full texts of a Constitution and a Convention 
that could be amended as necessary, by future Plenipotentiary 
Conferences.
    The basic principles regarding the organization and 
structure of the ITU and fundamental substantive rules 
governing international telecommunications are embodied in the 
1992 Constitution. The 1992 Convention, which is comprised of 
provisions on the functioning of the ITU, is intended to be 
more easily modified and thus more flexible.
    The 1992 Constitution and Convention restructure the ITU by 
establishing three sectors--Radiocommunication, 
Telecommunication Standardization and Telecommunication 
Development--that replace the previous permanent organs. Each 
sector is headed by a Director who is elected by the Members at 
Plenipotentiary Conferences. The division of work among the 
three sectors is similar to the division under the 1982 Nairobi 
Convention and interim resolutions. New procedures have been 
added to permit more rapid consideration and adoption of 
recommended standards. Some issues that were previously 
considered radiocommunication issues are now being addressed 
with similar issues under the purview of the Telecommunication 
Standardization Sector. The restructuring is intended to enable 
the ITU to respond more effectively to the changing 
telecommunications environment and to meet the needs of Member 
governments and telecommunication entities that participate in 
the work of the Union.
    The meetings and conferences of the ITU are renamed and, in 
most cases, there are changes in their mandate. The ITU 
Administrative Council, which was the governing body of the ITU 
in the interval between plenipotentiary conferences, is now 
called the ITU Council. (See Constitution, Article 10.) The 
Council has more responsibility than did the Administrative 
Council to consider broad telecommunication policy issues, 
including the strategic plan of the ITU.
    Chapter II of the Constitution (Articles 12-16) sets forth 
the provisions concerning the Radiocommunication Sector. World 
Administrative Radio Conferences, which were convened as 
necessary to consider changes to the Radio Regulations 
concerning specific communication services (mobile, 
broadcasting, or space services) or the Radio Regulations in 
general, are replaced by World Radiocommunication Conferences 
which are held every two years to consider any subject within 
their competence and on the agenda. (See Article 13.) World 
Radiocommunication Conferences amend the Radio Regulations, 
which contain provisions regulating the use of the radio 
spectrum and geostationary orbital positions vital for the 
continuing operation of existing systems and for the early 
introduction of new and innovative radio technologies. For U.S. 
companies that are leading the world in the development and 
introduction of new services, the two-year cycle will allow 
proposals for the allocation of radio spectrum for these 
services to be introduced and considered more rapidly.
    Plenary Assemblies of the International Radio Consultative 
Committee, which were held every four years to approve 
recommendations, i.e., standards for radiocommunication 
services, are now called Radiocommunication Assemblies. They 
are to be held every two years in association with World 
Radiocommunication Conferences. (See Article 13.)
    The five-member, full-time elected International Frequency 
Registration Board, which was responsible for the examination 
and registration of radio frequency assignments, is replaced by 
an elected nine-member, part-time Radio Regulations Board 
within the Radiocommunication Sector. (See Article 14.) The 
Radio Regulations Board approves the Rules of Procedure used by 
the director and the bureau in applying the Radio Regulations 
to register frequency assignments made by Members and considers 
certain matters that cannot be resolved through application of 
the Rules of Procedure.
    The Telecommunication Standardization Sector is addressed 
in Chapter III (Articles 17-20) of the Constitution. The 
Plenary Assemblies of the International Telegraph and Telephone 
Consultative Committee, which met every four years to approve 
recommendations for technical, operational and tariff questions 
related to telecommunication services, are replaced by World 
Telecommunication Standardization Conferences (Article 18), 
which also will meet every four years. The change in title of 
these conferences reflects the fact that the sector now deals 
with a broad range of rapidly evolving telecommunications 
services over both the public switched network and private 
lines, as well as such issues as numbering plans and 
international settlement of accounts. Provision was also made 
for convening World Conferences on International 
Telecommunications (Article 25) at infrequent intervals to 
consider basic issues pertaining to the provision of 
telecommunications services, including those covered by the 
binding International Telecommunication Regulations.
    Chapter VI of the Constitution (Articles 21-24) covers the 
Telecommunications Development Sector. This sector replaces the 
Telecommunication Development Bureau, which was established by 
resolution at the 1989 Nice Plenipotentiary Conference to 
facilitate and enhance telecommunications development. World 
and regional Telecommunication Development Conferences, 
established by resolution in Nice, will continue to be 
convened. The world conferences are held approximately every 
four years; the frequency of regional conferences is to depend 
on availability of resources and need.
    The entities and organizations authorized to participate in 
the work of the sectors of the ITU were expanded by Article 19 
of the Convention to include, inter alia, scientific and 
technical organizations, financial or development institutions 
and other entities dealing with telecommunication matters that 
are approved by member states. Certain rights and related 
obligations (including financial obligations) of these entities 
and organizations are also established in the Constitution and 
Convention. Pursuant to Article 19 of the Convention, the ITU 
Council is to develop criteria and procedures for entities 
dealing with telecommunication matters to participate in ITU 
activities.
    Additionally, to enhance the participation of those 
entities and organizations described in Article 19(1) of the 
Convention in the activities of the Union and to provide them a 
role in determining the priorities of the study groups in the 
Radiocommunication and Telecommunication Standardization 
Sectors (Convention, Articles 11 and 14), the 1992 
Plenipotentiary Conference established advisory groups for 
those two sectors. This will help to ensure that the ITU is 
responsive to the needs of Member countries and to private 
sector participants in the ITU. In addition, the Director of 
the Telecommunication Development Sector is to receive advice 
from an advisory board (Convention, Article 18). The purpose of 
each Advisory Group is to review the priorities and strategies 
of its sector and to make recommendations to the directors.
    The 1992 Constitution and Convention also make significant 
changes to the management of the ITU designed to increase its 
effectiveness and responsiveness.
  --Articles 4 and 5 of the Convention establish a two-year 
        budget cycle instead of the past one-year cycle and 
        mandate the establishment of a strategic plan for the 
        ITU. The ITU Secretariat is also instructed to prepare 
        an annual strategic policy and planning report for the 
        ITU Council and the ITU Council is to consider the 
        report each year.
  --Article 55 of the Constitution and Article 42 of the 
        Convention allow amendments to enter into force for 
        countries that have ratified or approved the amendments 
        at a date fixed by the adopting plenipotentiary 
        conference rather than after two-thirds of the Members 
        have deposited instruments of ratification, acceptance 
        or approval, or accession as had been adopted at the 
        Nice Plenipotentiary Conference.
    The 1994 Kyoto Plenipotentiary Conference was convened less 
than four months after the entry into force of the 1992 
Constitution and Convention. There were a number of proposals 
to amend the new Constitution and Convention--to correct 
oversights; to refine the 1992 changes; to further restructure 
the ITU; and, in some instances, to revert to provisions in the 
earlier Convention (Nairobi, 1982). After much deliberation, 
the Conference rejected the vast majority of the proposals to 
amend the Constitution and Convention in part because there was 
a consensus that more time should be allowed to evaluate the 
extensive changes to the structure of the ITU which had only 
recently taken effect and in part because many of the proposals 
were substantively flawed. There were only minor changes made 
to the Constitution and Convention concerning the function of 
the Plenipotentiary Conference, elections, and finances. An 
amendment to the Convention--strongly supported by the U.S. 
private sector--provides for the ITU's Secretary-General to 
invite private sector entities and organizations described in 
Article 19(1) to send observers to Plenipotentiary Conferences. 
The changes are acceptable to the United States.
    Article 4 of the 1992 Constitution provides that the 
Constitution and Convention are ``complemented by'' the 
Administrative Regulations--the International Telecommunication 
Regulations and the Radio Regulations--``which regulate the use 
of telecommunications and are binding on all Members.'' Article 
54 of the 1992 Constitution establishes mechanisms for the 
entry into force of Administrative Regulations adopted by 
competent World Conferences subsequent to the date of signature 
of the 1992 Constitution and Convention.
    ITU practice provides for declarations and reservations to 
be submitted by governments prior to signature of instruments 
adopted by a conference, for inclusion in the Final Acts of the 
conference. In 1992, the United States submitted three 
declarations and reservations, which are included in the 1992 
Final Acts. The first (Number 68) incorporates by reference 
reservations and declarations from previous administrative 
conferences and reserves the right to make additional specific 
reservations at the time of deposit of its instrument of 
ratification to the Constitution and Convention. The full text 
reads as follows:

          The United States of America reiterates and 
        incorporates by reference all reservations and 
        declarations made at world administrative conferences.
          The United States of America does not by signature by 
        any subsequent ratification of the Constitution and the 
        Convention of the International Telecommunication Union 
        (Geneva, 1992) consent to be bound by the 
        Administrative Regulations adopted prior to the date of 
        signature of these Final Acts. Nor shall the United 
        States of America be deemed to have consented to be 
        bound by revisions of the Administrative Regulations, 
        whether partial or complete revisions, adopted 
        subsequent to the date of signature of these Final 
        Acts, without specific notification to the 
        International Telecommunication Union by the United 
        States of America of its consent to be bound.
          Finally, the United States of America refers to 
        Article 32, paragraph 16 of the Convention and notes 
        that in considering the Constitution and Convention, 
        the United States may find it necessary to make 
        additional reservations. Accordingly, the United States 
        of America reserves the right to make additional 
        specific reservations at the time of deposit of its 
        instrument of ratification to the Constitution and the 
        Convention.

    The second (Number 73), in which the United States joined 
with 26 other countries, was in response to statements by 
Colombia and Kenya and reaffirms the Declarations made

          * * * when signing the Final Acts of the World 
        Administrative Radio Conference (Geneva, 1979), and the 
        World Administrative Radio Conference on the Use of the 
        Geostationary-Satellite Orbit and the Planning of Space 
        Services Utilizing It (first and second sessions, 
        Geneva, 1985 and 1988), the Plenipotentiary Conference 
        of the International Telecommunication Union (Nice, 
        1989) and in the Final Protocol of the International 
        Telecommunication Convention (Nairobi, 1982) as if 
        these Declarations were here repeated in full.
          The above-mentioned Delegations also wish to state 
        that reference in Article 44 of the Constitution to the 
        ``geographical situation of particular countries'' does 
        not imply a recognition of claim to any preferential 
        rights to the geostationary-satellite orbit.

    The third (Number 82) reads:

          The United States of America refers to Declarations 
        made by various Members reserving their rights to take 
        any such actions as they may consider necessary to 
        safeguard their interests in response to reservations 
        by other countries which jeopardize their interests, 
        application of provisions of the Constitution and 
        Convention (Geneva, 1992) which adversely affect their 
        interests, and other Members not sharing in defraying 
        the expenses of the Union. The United States of America 
        reserves the right to take whatever measures it may 
        consider necessary to safeguard United States interests 
        in response to such actions.

    In 1994, the United States made four declarations and 
reservations that are included in the Final Acts of the Kyoto 
Conference. The first two (Numbers 84 and 92) substantively 
restate and reaffirm U.S. declarations and reservations made in 
Numbers 68 and 73 at the 1992 Plenipotentiary Conference.
    The third (Number 97) in 1994 addresses a misleading 
statement submitted by a number of countries regarding the 
status of amendments to the Administrative Regulations. The 
United States submitted a declaration in response as follows:

          The United States of America refers to Declaration 80 
        made by many delegations. The United States of America 
        notes that the United States of America does not agree 
        with various points in that Declaration and that 
        Declaration No. 80, which is prospective in nature, was 
        not made at the time of signature of the Constitution 
        and the Convention of the International 
        Telecommunication Union (Geneva, 1992) and does not 
        affect the application to the United States of America 
        of Article 54 of the Constitution (Geneva, 1992).

    The fourth (Number 98) in 1994 was in response to a 
statement by Cuba reserving its right to take any steps that it 
may deem necessary against U.S. radio and television 
broadcasting to Cuba and denouncing U.S. use of radio 
frequencies at Guantanamo, Cuba. It reads as follows:

          The United States of America, noting the Statement 
        (No. 40) entered by the delegation of Cuba, recalls its 
        rights to broadcast to Cuba on appropriate frequencies 
        free of jamming or other wrongful interference and 
        reserves its rights with respect to existing 
        interference and any future interference by Cuba with 
        United States broadcasting. Furthermore, the United 
        States of America notes that its presence in Guantanamo 
        is by virtue of an international agreement presently in 
        force; the United States of American reserves the right 
        to meet its radiocommunication requirements there as 
        heretofore.

    The Department of State and the other agencies involved 
recommend that these declarations and reservations be confirmed 
in the U.S. instruments of ratification of the Constitution and 
Convention and of the amendments. In the view of the Department 
of State and other interested agencies, no additional 
reservations are necessary to protect U.S. interests.
    Ratifying the Constitution and Convention of the 
International Telecommunication Union, signed by the United 
States at Geneva, on December 22, 1992, along with the 
amendments thereto, signed by the United States at Kyoto on 
October 14, 1994, will enable the United States to continue to 
play a full and active role in the affairs of the ITU. (As of 
July 1, 1996, only those countries that have ratified the 
Constitution and Convention may vote in the ITU.)
    The 1992 ITU Constitution and Convention and the 1994 
Amendments will not require any implementing legislation on the 
part of the United States.
    The Federal Communications Commission; the National 
Telecommunications and Information Administration, Department 
of Commerce; the Department of Defense; and the United States 
Information Agency concur in my recommendation that the 
Constitution and Convention (Geneva, 1992), the amendments to 
the Constitution and Convention (Kyoto, 1994), with the U.S. 
declarations and reservations to those instruments, be 
submitted herewith be transmitted to the Senate for its 
consideration and advice and consent to ratification.
    Respectfully submitted,
                                                Warren Christopher.