Partial Revision (1992) of Radio Regulations (Geneva 1979)Senate Consideration of Treaty Document 107-17
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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.