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[Senate Treaty Document 108-28]
[From the U.S. Government Printing Office]




108th Congress 2d Session        SENATE              Treaty Doc.
                                                        108-28
_______________________________________________________________________



                   1995 REVISION OF RADIO REGULATIONS

                               ----------                              

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

1995 REVISION OF THE RADIO REGULATIONS, WITH APPENDICES, SIGNED BY THE 
 UNITED STATES AT GENEVA ON NOVEMBER 17, 1995 (THE ``1995 REVISION''), 
  TOGETHER WITH DECLARATIONS AND RESERVATIONS OF THE UNITED STATES AS 
CONTAINED IN THE FINAL ACTS OF THE WORLD RADIOCOMMUNICATION CONFERENCE 
                                (WRC-95)




 December 7, 2004.--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







108th Congress                                              Treaty Doc.
 2d Session                      SENATE                          108-28
_______________________________________________________________________
 
                   1995 REVISION OF RADIO REGULATIONS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

1995 REVISION OF THE RADIO REGULATIONS, WITH APPENDICES, SIGNED BY THE 
 UNITED STATES AT GENEVA ON NOVEMBER 17, 1995 (THE ``1995 REVISION''), 
  TOGETHER WITH DECLARATIONS AND RESERVATIONS OF THE UNITED STATES AS 
CONTAINED IN THE FINAL ACTS OF THE WORLD RADIOCOMMUNICATION CONFERENCE 
                                (WRC-95)




 December 7, 2004.--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
                         LETTER OF TRANSMITTAL

                              ----------                              

                                 The White House, December 7, 2004.
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 1995 Revision 
of the Radio Regulations, with appendices, signed by the United 
States at Geneva on November 17, 1995 (the ``1995 Revision''), 
together with declarations and reservations of the United 
States as contained in the Final Acts of the World 
Radiocommunication Conference (WRC-95). I transmit also, for 
the information of the Senate, the report of the Department of 
State concerning these revisions.
    The 1995 Revision, which was adopted at WRC-95, constitutes 
a revision of the International Telecommunication Union (ITU) 
Radio Regulations, to which the United States is a party. It 
provides for the simplification of the Radio Regulations, the 
introduction of new global mobile-satellite services, and new 
regulatory provisions both for non-geostationary satellites 
operating in the same frequency bands as geostationary 
satellites and for other new space services that share spectrum 
with the space research and terrestrial services.
    Subject to the U.S. declarations and reservations mentioned 
above, I believe the United States should become a party to the 
1995 Revision, which will facilitate the development of mobile-
satellite and non-geostationary satellite orbit communication 
services by U.S. Government and industry. 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.
The President,
The White House.
    The President: I have the honor to submit to you, with the 
view to its transmission to the Senate for advice and consent 
to ratification, the Revision of the Radio Regulations, with 
appendices, signed by the United States on November 17, 1995 
(the ``1995 Revision''). I also have the honor to submit to you 
certain U.S. declarations and reservations that also require 
Senate advice and consent.
    The 1995 Revision was adopted at the World 
Radiocommunication Conference (WRC-95), held under the auspices 
of the International Telecommunication Union (ITU) at Geneva 
from October 23 to November 17, 1995. The text of the 1995 
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 1995 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 telecommunication standardization 
activities, management and use of the radio spectrum, and 
efforts to develop and expand worldwide telecommunications. 
Radio conferences often had limited agendas, and the consequent 
Radio Regulations had grown in patchwork fashion. The Voluntary 
Group of Experts (VGE) was established by the 1989 
Plenipotentiary Conference with the task of simplifying the 
Radio Regulations without making substantive alterations. The 
VGE produced a comprehensive report that contained an extensive 
number of recommendations for revision of the Radio 
Regulations. At the same time, advances in technology producing 
new operating requirements, as well as the need to simplify and 
provide consistency in the wording of the specialized 
provisions of the Radio Regulations, also had to be 
accommodated. The United States was an active participant in 
the work of the VGE and supported itsrecommendations for 
simplification of the Radio Regulations and improvement of the 
frequency allocation process while retaining existing rights and 
obligations of members. WRC-95 was convened as a wide-ranging 
conference to address international spectrum allocations and to 
simplify the Radio Regulations in accordance with the Report of the 
Voluntary Group of Experts. WRC-95 resulted in simplified, more 
cohesive Radio Regulations with specialized procedures amalgamated into 
generalized procedures where possible.
    The major spectrum allocation elements of the 1995 Revision 
are summarized below:

              MOBILE-SATELLITE SERVICES (MSS) FEEDER LINKS

    The 1992 World Administrative Radio Conference (WARC-92) 
allocated spectrum in the vicinity of 1.6 and 2.4 GHz for MSS. 
Subsequent to WRC-92, the U.S. Federal Communications 
Commission (FCC) licensed three non-geostationary satellite 
orbit (NGSO) MSS systems to operate in these bands and had 
additional applications pending. A primary U.S. objective at 
WRC-95 was to obtain sufficient feeder link spectrum for U.S. 
licensed and about-to-be licensed NGSO-MSS systems and those of 
other administrations. WRC-95 made ample feeder link spectrum 
available for U.S. systems to proceed with launches and for 
implementation of service in the United States and to offer 
service to the rest of the world.

      NON-GEOSTATIONARY SATELLITE ORBIT-MOBILE SATELLITE SERVICES

    WARC-92 allocated 3.45 MHz of spectrum for Non-
Geostationary Satellite Orbit-Mobile Satellite Services (NGSO-
MSS) operating below 1 GHz. This was not sufficient to 
accommodate U.S. MSS systems or those of other administrations 
as they develop. The U.S. proposals to WRC-95 were to increase 
the allocations by 6.15 MHz. The U.S. proposals encountered 
severe opposition from European and Asian administrations which 
were concerned about sharing with existing terrestrial 
services. In the end, the United States was marginally 
successful. A worldwide allocation was obtained in the band 
399.9-400.05 MHz, a Western Hemisphere allocation was obtained 
in the bands 455-456 and 459-460 MHz, and the power flux 
density limit in the 148-149.9 MHz band worldwide allocation 
was removed. The result for the United States was a smaller 
increase in spectrum for NGSO-MSS below 1 GHz than it proposed 
along with the adoption of a resolution calling for additional 
studies on sharing of spectrum by NGSO-MSS with 
otherradiocommunication services. The resolution and the resulting 
studies were included on the agenda for WRC-97 so that that conference 
could consider the allocation of additional spectrum for NGSO-MSS below 
1 GHz.
    WARC-92 adopted a worldwide primary spectrum allocation in 
the vicinity of 2 GHz for use by the MSS. Subsequently, the FCC 
designated a portion of that spectrum for use by personal 
communication services. At WRC-95, the United States sought to 
compensate for the loss of the MSS spectrum by proposing a new 
worldwide primary allocation in the band 2010-2025 MHz and to 
add 2165-2170 MHz on a primary basis to Regions 1 (Europe and 
Africa) and 3 (Asia and Pacific). Also at issue was the date of 
entry into force of the MSS allocations. WRC-95 agreed to a 
regional allocation for the Americas in the band 2010-2025 MHz 
and the date of entry into force was changed to 2000 from 2005.

                         REGULATORY ALLOCATIONS

    At WARC-92 when frequency allocations were first introduced 
for NGSO space services, interim procedures for the 
coordination and notification of NGSO frequency assignments 
were adopted. At WRC-95, the United States proposed to extend 
the procedure to feeder links associated with NGSO-MSS networks 
and to reduce unnecessary coordination. Further, because U.S. 
companies were beginning to implement NGSO-MSS networks, the 
United States proposed that any modifications to procedures be 
made effective immediately upon the conclusion of the 
conference, as was done at WARC-92. The U.S. proposals were 
fully adopted.
    After the agenda for WRC-95 was established, the FCC 
received an application for a major new satellite service to 
deliver broadband data directly to the individual user. This 
new NGSO Fixed-Satellite Service (FSS), which operates in the 
20 and 30 GHz frequency bands, faced the same regulatory 
obstacles of NGSO-MSS systems. New regulatory measures were 
required for GSO and NGSO FSS satellite systems to equitably 
share the same frequency bands. The United States proposed that 
18.9-19.3 and 28.7-29.1 GHz, sub-bands in bands already 
allocated to the FSS, be specifically designated for NGSO-FSS. 
The United States also proposed ITU regulatory changes to allow 
these frequency band allocation changes to be implemented. The 
United States overcame considerable opposition to obtain a 
favorable decision that this issue was within the terms of 
reference of the conference. Once successful, it was ableto 
obtain 300 of the 400 MHz of requested spectrum in each of the bands 
and changes to the regulations necessary for the new services to 
proceed. The issue of the remaining 100 MHz in both bands was placed on 
the agenda for WRC-97. The U.S. success on this issue was a major 
accomplishment.

                             SPACE SCIENCES

    With new space services being added to frequency bands 
already being used by space research and terrestrial services, 
it was necessary to establish power limits for satellites and 
earth stations to ensure that these new services provide 
adequate protection to existing services operating in the 
bands. Of particular importance to the United States was 
protection it obtained for fixed and mobile services in the 
2025-2110 MHz band. Additional protection was also obtained for 
space-based sensors and spaceborne precipitation radars used by 
the U.S. National Aeronautics and Space Administration.

                         BROADCASTING SERVICES

    The U.S. objectives for WRC-95 regarding the use of the 
high frequency (HF) broadcasting bands were to maintain the 
existing availability dates for the additional frequency bands 
allocated for HF broadcasting, to assure that there would be no 
detailed planning of the frequency bands allocated to the HF 
broadcasting service, and that future planning of the use of 
the HF broadcasting bands would be based on the work of the 
ITU-Radiocommunication task group. The United States obtained 
all of these objectives, which were of vital concern to the 
Voice of America (VOA). Through the years the VOA has worked 
hard to establish a laissez-faire international regulatory 
environment that gives VOA access to all of the frequencies 
that it needs to meet its broadcasting requirements. By 
obtaining the U.S. objectives, this environment was maintained.
    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 1995, 
the United States submitted four declarations and reservations 
that are included in the 1995 Final Acts. These declarations 
and reservations require Senate advice and consent to 
ratification.
    The first (Number 67) reiterates the longstanding U.S. 
positions that it can only be considered bound by instruments 
adopted at an ITU Conference once it officiallynotifies the ITU 
of its consent to be bound and it reserves the right to make additional 
specific reservations at the time of deposit of the U.S. instrument of 
acceptance of the revisions to the Radio Regulations. It also declares 
that the conference unduly restricted allocations for MSS in certain 
frequency bands and that it will utilize these bands in the way most 
appropriate to its MSS requirements.
    The full text reads as follows:

    1. The United States of America shall not be deemed to have 
consented to be bound by revisions of the Radio Regulations 
adopted at this Conference without specific notification to the 
International Telecommunication Union by the United States of 
America of its consent to be bound.
    2. The United States of America refers to No. 445 and No. 
446 of the International Telecommunication Union Convention 
(Geneva, 1992) and notes that in considering the Final Acts of 
this World Radiocommunication Conference (Geneva, 1995), the 
United States of America may find it necessary to make 
additional declarations or reservations. Accordingly, the 
United States of America reserves the right to make additional 
specific declarations or reservations at the time of deposit of 
its notification to the International Telecommunication Union 
of its consent to be bound by the revisions to the Radio 
Regulations adopted by this World Radiocommunication 
Conference.
    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 1525--1559 MHz and 
1626.5-1660.5 MHz, it will utilize these bands in the way most 
appropriate to satisfy its particular mobilesatellite service 
requirements recognizing the priority of AMSS (R) and maritime 
safety communications.

    The second (Number 68), in which the United States was 
joined by the United Kingdom of Great Britain and Northern 
Ireland, concerned additional and unnecessary burdens of 
coordination between geostationary and non-geostationary 
mobile-satellite networks in certain frequency bands. Both 
governments refuse to accept any additional commitments for 
coordination. The full text reads as follows:

    Referring to the frequency range below 3 GHz concerning 
mobile-satellite services, it is necessary to note that 
proposals were put forward at this Conference to revise No. 
726D (S5.354) to the Table of Frequency Allocations in Article 
8 in order to avoid additional and unnecessary burdens of 
coordination between geostationary and nongeostationary mobile-
satellite networks in the bands 1525-1559 MHz and 1626.5-1660.5 
MHz. There was insufficient time to consider these proposals at 
this Conference. Accordingly, the above administrations will 
not accept any additional commitments for coordination arising 
from No. 726D (S5.354). 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 78), in which the United States joined 14 
other countries, was in response to a statement by Colombia 
concerning the use of the geostationary satellite orbit:

    The delegations of the above mentioned countries referring 
to the Declaration made by the Republic of Colombia (No. 16), 
inasmuch as this statement refers to the Bogota Declaration of 
3 December 1976 by equatorial countries and to the claims of 
those countries to exercise sovereign rights over segments of 
the geostationary-satellite orbit, and any similar statements, 
consider the claims in question cannot be recognized by this 
Conference. Further, the above-mentioned delegations wish to 
affirm or reaffirm the Declarations made on behalf of a number 
of the above-mentioned Administrations in this regard 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), in the Final Protocol of the International 
Telecommunication Convention (Nairobi, 1982) and the Final Acts 
of the Additional Plenipotentiary Conference (Geneva, 1992), 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 fourth (Number 82), was in response to several 
declarations by various delegations, including one by Cuba 
which incorporates by reference previous reservations and 
declarations concerning the United States. The response read as 
follows:

    With respect to Declarations 39, 50, 54, 59 and 64, the 
interpretation of the United States of America on the basis of 
which the majority of delegations to this Conference supported 
the United States of America and Indonesian proposals which 
resulted in Resolution 118 (WRC-95) is as follows:
    Any satellite system, GSO or non-GSO, communicated or 
notified to the Bureau before 18 November 1995 has a status 
derived from the date of notification or communication of 
information required for coordination or notification, as the 
case may be.
    As of 18 November 1995, Resolution 46 applies to all these 
systems and they shall be coordinated one system with respect 
to another system in the order of receipt of the information 
described above.
    With respect to the applicability of No. 2613 as agreed in 
Committee 4, No. 2613 is of an operational character and No. 
2613 and Resolution 46 are mutually exclusive.
    The United States of America reiterates and incorporates by 
reference all declarations or reservations made at prior world 
radiocommunication conferences and in particular with regard to 
Declaration 60 of this Conference.

    The Department of State and the other agencies involved 
recommend that these declarations and reservations be confirmed 
in the U.S. instrument of ratification to the 1995 Revision. 
The Department of State and the other interested agencies are 
of the view that no additional reservations are required. The 
1995 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 1995 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.