1995 Revision of Radio RegulationsSenate Consideration of Treaty Document 108-28
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[Senate Treaty Document 108-28] [From the U.S. Government Publishing 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.