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[Senate Treaty Document 107-17]
[From the U.S. Government Printing Office]



107th Congress                                              Treaty Doc.
                                  SENATE                     
 2d Session                                                    107-17
_______________________________________________________________________

                                     



 
      PARTIAL REVISION (1992) OF RADIO REGULATIONS (GENEVA 1979)

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

1992 PARTIAL REVISION OF THE RADIO REGULATIONS (GENEVA, 1979), WITH 
  APPENDICES, SIGNED BY THE UNITED STATES AT MALAGA-TORREMOLINOS ON 
  MARCH 3, 1992 (THE ``1992 PARTIAL REVISION''), TOGETHER WITH 
  DECLARATIONS AND RESERVATIONS OF THE UNITED STATES AS CONTAINED IN 
  THE FINAL ACTS OF THE WORLD ADMINISTRATIVE RADIO CONFERENCE FOR 
  DEALING WITH FREQUENCY ALLOCATIONS IN CERTAIN PARTS OF THE SPECTRUM 
  (WARC-92)




September 30, 2002.--Treaty 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
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-118                    WASHINGTON : 2002

                         LETTER OF TRANSMITTAL

                              ----------                              

                               The White House, September 30, 2002.
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 1992 Partial 
Revision of the Radio Regulations (Geneva, 1979), with 
appendices, signed by the United States at Malaga-Torremolinos 
on March 3, 1992 (the ``1992 Partial Revision''), together with 
declarations and reservations of the Untied States as contained 
in the Final Acts of the World Administrative Radio Conference 
for Dealing with Frequency Allocations in Certain Parts of the 
Spectrum (WARC-92). I transmit also, for the information of the 
Senate, the report of the Department of State concerning these 
revisions.
    The 1992 Partial Revision, which was adopted at WARC-92, 
constitutes a revision of the International Telecommunication 
Union (ITU) Radio Regulations (Geneva, 1979), as revised, to 
which the United States is a party. It provides for additional 
spectrum for new or expanding telecommunication services, 
primarily terrestrial and satellite broadcasting, terrestrial 
and satellite mobile and space services and is consistent with 
the proposals and positions taken by the United States at the 
conference.
    Subject to the U.S. declarations and reservations mentioned 
above, I believe that the United States should become a party 
to the 1992 Partial Revision, which provides additional 
spectrum for existing and new telecommunication services in 
which the United States plays a significant leadership role. It 
is my hope that the Senate will take early action on this 
matter and give its advice and consent to ratification.

                                                    George W. Bush.
                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                     Washington, DC, July 17, 2002.
The President,
The White House.
    The President: I have the honor to submit to you, with a 
view to its transmission to the Senate for advice and consent 
to ratification, the Partial Revision of the Radio Regulations 
(Geneva, 1979), with appendices, signed by the United States on 
March 3, 1992 (the ``1992 Partial Revision''). I also have the 
honor to submit to you certain U.S. declarations and 
reservations to the 1992 Partial Revision that also require 
Senate advice and consent.
    The 1992 Partial Revision was adopted at the World 
Administrative Radio Conference for Dealing with Frequency 
Allocations in Certain Parts of the Spectrum (WARC-92), held 
under the auspices of the International Telecommunication Union 
(ITU) at Malaga-Torremolinos, Spain, from February 3 to March 
3, 1992. The 1992 Partial Revision entered into force on 
October 12, 1993, for governments that, by that date, had 
notified the ITU Secretary General of their approval thereof 
and will enter into force for the United States upon deposit of 
the U.S. instrument of ratification with the ITU Secretary 
General. The text of the 1992 Partial Revision, with the U.S. 
declarations and reservations, is 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) resolutions, and (3) 
recommendations. The certified English-language text of the 
1992 Partial Revision is submitted herewith. Certified copies 
of the Arabic, Chinese, French, Russian, and Spanish versions 
of the text are also available.
    The ITU is the United Nations specialized telecommunication 
agency with over 180 member countries. It is the principal 
forum for agreements on management and use of the radio 
spectrum, telecommunication standardization activities and 
efforts to develop and expand worldwide telecommunications. 
WARC-92 was convened to address international spectrum 
allocations and radio regulations in many different services. 
Advances in technology producing new operating requirements, as 
well as unresolved matters from a series of specialized WARCs 
during the 1980s generated the need for this wide-ranging 
conference.
    The major elements of the 1992 Partial Revision are 
summarized below:


                        HF BROADCASTING SERVICE


    The Voice of America High Frequency (HF) broadcasting plays 
a key role in promoting U.S. foreign policy goals and the 
American way of life through broadcasts to developing 
countries, some of which are closed societies. The U.S. 
proposals sought a considerable amount of additional spectrum 
(1325 kHz in Region 2 and 1125 kHz in both Regions 1 and 3) to 
relieve frequency congestion in the existing HF broadcasting 
bands. This proposal was an ambitious request and, as expected, 
generated intense opposition by developing countries that still 
have a continuing need for HF spectrum for fixed services. 
Nonetheless, the United States, with the support of other 
countries with considerable requirements for HF broadcasting 
frequencies, was able to obtain an additional 790 kHz of 
spectrum. This spectrum includes 200 kHz in the optimal HF 
broadcasting bands between 7 and 10 MHz, where the U.S. needs 
are the greatest. That notwithstanding, the United States, 
through a reservation (see below, Number 67) submitted at the 
time of signature of the Final Acts, expressed its concern that 
the amount of spectrum below 10 MHz allocated for HF 
broadcasting was not sufficient to meet the HF needs of the 
broadcasting service. The U.S. delegation through that 
reservation reserved the U.S. right to take any steps necessary 
to meet its HF broadcasting needs in bands used by other 
services, as it has been doing for many years.


                      SATELLITE SOUND BROADCASTING


    Satellite sound broadcasting was another contentious issue 
at WARC-92. The United States and many other countries proposed 
that spectrum be allocated for compact disc quality, digital 
audio broadcasting service from satellites directly to 
receivers. The disagreement among WARC-92 participants 
concerned the frequency band to be allocated for this service. 
The vast majority of the countries selected the 1452-1492 MHz 
frequency band. However, a number of the largest countries, 
including the United States, Russia, Japan, China and India, 
selected either the 2310-2360 MHz, the U.S. choice, or the 
2535-2655 MHz frequency band for this service. The conference 
adopted the allocations for all three frequency bands.
    Subsequent to the conference, Mexico joined the United 
States in developing its sound broadcasting service in the 
2310-2360 MHz and an agreement has been reached with Canada on 
conditions for its development of sound broadcasting in the 
1452-1492 MHz band.


                       MOBILE SATELLITE SERVICES


    A considerable amount of spectrum was allocated in response 
to a number of U.S. proposals to support a range of new 
technology advanced mobile radio services using satellites. 
These include low Earth orbit satellite (LEO) systems for data 
services using frequencies below 1 GHz and LEO systems 
operating above 1 GHz to support a full range of 
telecommunication services, including voice and wideband data 
services.
    Although the United States was not able to gain WARC-92 
agreement for all of its proposed allocations, it was 
reasonably satisfied with what it did obtain. The United States 
nonetheless expressed its concerns about the conference 
allocations through a reservation (see below, Number 67) 
submitted at the time of signature of the Final Acts. In that 
reservation, the United States reserved its right to take any 
necessary steps to meet U.S. mobile-satellite needs in the 1-3 
GHz band.


                             SPACE SERVICES


    Responding to other high priority U.S. proposals, the 
conference allocated frequency bands to support many 21st 
century projects of the U.S. National Aeronautics and Space 
Administration (NASA), including communications for a space 
station, a moon colony and a manned mission to Mars. The 
conference also allocated frequencies to ensure reliable, 
interference-free communications for extra vehicular activity 
of astronauts working outside space vehicles on tasks such as 
constructing space platforms or satellite rescue and repair.
    The United States also won approval for an allocation to 
support a U.S. data relay satellite system, which will 
facilitate the establishment of a multinational Mission-to-
Planet-Earth program that will provide data on Earth resources 
and improve our understanding of meteorological and 
climatological change.
    Another U.S. objective was to upgrade the status and expand 
the allocations for space research service deep space 
applications and to obtain spectrum for the next generation of 
unmanned deep space exploratory programs. This U.S. objective 
was met and NASA will be able to achieve greater data rates and 
better resolution images of solar system objects.
    ITU practice provides for declarations and reservations to 
be submitted by governments prior to signature of the 
instruments to be adopted at a particular conference. In 1992, 
the United States submitted three separate statements 
containing declarations and reservations that are included in 
the 1992 Final Acts. These declarations and reservations 
require Senate advice and consent to ratification.
    The first (Number 67) concerns decisions of the conference 
that, in the view of the United States, failed to make adequate 
provision for certain U.S. spectrum needs, did not protect 
certain U.S. broadcasting services from willful harmful 
interference, or could be construed to create new rights for 
ITU Members. The full text reads as follows:

          1. In the view of the United States of America, this 
        Conference failed to make adequate provision for the HF 
        needs of the broadcasting service, particularly below 
        10 MHz, despite an earnest effort to do so. The IFRB's 
        Report to the Conference shows that broadcasters' 
        requirements far outnumber the channels available in 
        the bands between 6 and 11 MHz (where spectrum is 
        urgently needed) and that planning will not work 
        effectively without additional and adequate HF 
        spectrum. Therefore, the United States of America 
        reserves the right to take the necessary steps to meet 
        the HF needs of its broadcasting service.
          2. The United States of America, while welcoming the 
        cessation by some administrations of willful harmful 
        interference to HF broadcasting, remains concerned that 
        the United States' broadcasting service continues to be 
        subject to willful harmful interference in 
        contravention of Article 35 of the Convention 
        [International Telecommunication Convention (Nairobi, 
        1982]. Such interference is incompatible with the 
        rational and equitable use of these bands. The United 
        States of America declares that as long as any such 
        interference exists, it reserves the right with respect 
        to such interference to take necessary and appropriate 
        actions to protect its broadcasting interests. In doing 
        so, it will respect, to the maximum extent possible, 
        the rights of administrations operating in accordance 
        with the Convention and the Radio Regulations.
          3. The United States of America declares that, in 
        view of the fact that the Conference has unduly 
        restricted allocations for mobile-satellite services in 
        the bands 1530-1559 MHz and 1631.5-1660.5 MHz, it will 
        utilize these bands in the way most appropriate to 
        satisfy its particular mobile-satellite service 
        requirements recognizing the priority of AMSS (R) and 
        maritime safety communications.
          4. In the view of the United States of America, this 
        Conference has unduly delayed the availability of 
        sufficient spectrum for the mobile-satellite service in 
        the range 1-3 GHz on an international and regional 
        basis. Therefore, the United States of America reserves 
        its right to take any necessary steps to meet the needs 
        of the mobile-satellite service in this band.
          5. With regard to Resolution 46 (WARC-92), the United 
        States of America understands that nothing in the 
        fourth preambular paragraph and any reference to the 
        Resolution in the Radio Regulations shall be 
        interpreted to constitute any recognition of new rights 
        of Members of the Union beyond those specified in the 
        International Telecommunications Convention and the 
        Administrative Regulations in force. In particular, 
        sub-paragraph b) shall not be interpreted to constitute 
        a recognition of claims sovereignty over any part of 
        outer space. Such claims, in violation of international 
        law, cannot be recognized by this Conference.
          6. The United States of America understands that 
        nothing in Resolution 70 (WARC-92) shall alter the 
        category of any allocation made at this Conference and 
        that any studies by organs of the Union on this matter 
        shall be conducted an implemented in accordance with 
        the International Telecommunication Convention and the 
        Administrative Regulations.

    The second (Number 79), in which the United States was 
joined by the United Kingdom of Great Britain and Northern 
Ireland, concerned mobile-satellite services provided in the 
frequency band below 3 GHz. The reservation reflects U.S. and 
U.K. concerns that certain provisions of the 1992 Partial 
Revision could lead to an unnecessary burden of requiring 
coordination between geostationary space stations and 
terrestrial services. Both delegations refused to accept any 
additional commitments for coordination. The full text reads as 
follows:

          Referring to statements relating to the frequency 
        range below 3 GHz concerning mobile-satellite services, 
        it is necessary to highlight an oversight in drafting 
        and reading texts which could lead to a new and 
        unnecessary burden of coordination between 
        geostationary space stations and terrestrial services 
        in certain frequency bands. Accordingly, the above 
        Administrations will not accept any commitments for 
        this form of coordination arising from omission of the 
        term `non-geostationary' in the text of certain 
        footnotes, e.g. Footnotes Nos. 726x and 7xx, to the 
        Table of Frequency Allocation in Article 8. This 
        reservation is made on behalf of all national and 
        international organizations for whose frequency 
        assignments the two countries are the notifying 
        Administrations.

    The third (Number 80), was in response to two statements, 
one by Cuba and the other by several states of the former USSR. 
Cuba's statement concerns use of radio frequencies by the 
United States at the U.S. naval base at Guantanamo, Cuba. The 
other statement, by Belarus, Russia and Ukraine, concerns the 
application of the Radio Regulations to themselves and other 
successor states of the former USSR. The U.S. response reads as 
follows:

                                   I

          With reference to Statement No. 52 of the 
        Administration of Cuba, the United States of America 
        notes that the United States presence in Guantanamo is 
        by virtue of a treaty in force; the United States 
        reserves the right to meet its radiocommunication 
        requirements there as it has in the past.

                                   II

          With reference to Statement No. 60 of Belarus, the 
        Russian Federation, and Ukraine, the United States of 
        America notes that the other former Republics of the 
        former USSR referred to in that Statement are 
        independent States, not Members of the Union at this 
        time, whose rights and obligations cannot be asserted 
        by the Members that filed that Statement.

    The Department of States and the other agencies involved 
recommend that these declarations and reservations be confirmed 
in the U.S. instrument of ratification to the 1992 Partial 
Revision. The Department of State and the other interested 
agencies are of the view that no additional reservations are 
required. The 1992 Partial Revision will not require 
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; the Broadcasting Board 
of Governors; the National Aeronautics and Space 
Administration; the Coast Guard; and the Federal Aviation 
Administration, Department of Transportation concur in my 
recommendation that the 1992 Partial Revision, with the U.S. 
declarations and reservations thereto be transmitted to the 
Senate for its consideration and advice and consent to 
ratification.
            Respectfully submitted,
                                                   Colin L. Powell.