INTERNATIONAL TELECOMMUNICATION UNION
Addendum 5 to
Document 10-E
10 September 2002
Original: English
PLENIPOTENTIARY
CONFERENCE (PP-02)
MARRAKESH, 23 SEPTEMBER - 18 OCTOBER 2002
PLENARY MEETING
EUROPEAN COMMON PROPOSALS FOR THE WORK OF THE CONFERENCE
TABLE OF CONTENTS
Part
Subject
Page
21
International Telecommunication Regulations ........................................................
2
22
Backlog in satellite filings .......................................................................................
19
23
Management of Internet domain names and addresses:
Resolution 102, Minneapolis 1998 ..........................................................................
21
24
Further improvement of the ITU Financial Management System ...........................
26
25
Addendum to European Common Proposal Part 6 on the implementation
of processing charges for satellite network filings and administrative procedures:
Resolution 88, Minneapolis 1998 ............................................................................
32
 PP-02 documents are available at http://www.itu.int/plenipotentiary/index.html .
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PART 21
Submitted by the following Member States:
Austria, Belgium, Bulgaria, Czech Rep., Denmark, Estonia, France, Germany,
Hungary, Iceland, Italy, Latvia, Norway, Poland, Portugal, Romania,
Slovakia, Spain, Sweden, Switzerland, United Kingdom
INTERNATIONAL TELECOMMUNICATION REGULATIONS
Introduction
Resolution 79 (Minneapolis, 1998) instructed the Council to report to the next Plenipotentiary
Conference on any actions taken or recommended as a result of a review, conducted by the
Secretary-General, of certain aspects of the International Telecommunication Regulations (ITRs).
The review was inconclusive due to the divergent views held by different administrations. Although
the work carried out by the Group of Experts appointed by the Council is seen as a good basis on
which to build, the prevalent view in Europe is that the current ITRs are anomalous and should be
re-examined in order to attain the purposes of the ITU in promoting the development of
telecommunication services and their utmost efficient operation whilst harmonizing the
development of facilities for worldwide telecommunications.
Any revision of the ITRs must take account of any inter-relations and implications for those
Member States who have signed the WTO Basic Telecommunications Agreement, and in particular
the telecommunications "Reference Paper" and the telecommunications annex.
The telecommunications industry has changed substantially since 1988 and the ITRs, as written, no
longer reflect the telecommunications environment to which they are intended to apply and are
therefore no longer relevant. Given the even greater rate of change of the current
telecommunications environment and the convergence with other communications and media
activities, the extended time-scale inherent in the WCIT process would inevitably result in any new
ITRs being out of date before their entry into force.
Further, the 2002 ITU Council meeting recognized the financial problems facing the ITU resulting
from a major shortfall between contributions and forecast expenditure. The holding of a WCIT
would add to these financial problems whilst placing additional financial burdens on those Member
States, in particular from developing countries, which would wish to participate in the processes
leading up to the WCIT. It is estimated that the cost of the proposals for a WCIT, together with the
complex preparatory process proposed, would incur a cost of approximately CHF 10 million on the
already severely over-stretched resources of the Union.
The proposals in this document, in contrast, are based on the firm opinion that a more cost-effective
and speedier solution than a WCIT has to be found, which would produce results that meet the
needs of all the players in the ITU, whilst maintaining and reinforcing the role and status of the
ITU.
The proposals in this document are based on an analysis of the current Articles of the ITRs to
determine, in the context of the current regulatory environment, the elements that remain
appropriate as treaty level text, the elements which would be appropriate for ITU to maintain as
up-to-date recommended best practice text, and the elements which are now obsolete or are
duplicated in the Constitution and Convention or ITU-T Recommendations and therefore no longer
needed.
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Based on this evaluation, it is proposed to shift the necessary treaty text into the Constitution and
Convention, and invite the ITU-T to adopt Recommendations to ensure that all other relevant
aspects are covered. Instead of using WCITs to maintain these elements, therefore, it is proposed
that the plenipotentiary conferences and the world telecommunication standardization assemblies
together are used, to cover necessary treaty level elements, and appropriate non-treaty level
elements respectively, thereby saving the Union an estimated CHF 10 million.
The above-mentioned administrations therefore propose that PP-02 adopts the following course of
action:
1)
That certain elements of the ITRs be incorporated in the Constitution and Convention, as
appropriate, at PP-02.
2)
That ITU-T be authorized and invited to develop ITU-T Recommendations to cover other
elements of the ITRs for approval by WTSA-04.
3)
That, because the remaining elements of the ITRs are either duplicated in the Constitution and
Convention or ITU-T Recommendations, or are redundant, they should be treated as no longer
having effect.
4)
That WTSA-04 is invited to report to PP-06 on any further action required in relation to the
ITRs including their possible abrogation.
The details of the above proposals are set out below as changes to the Constitution and Convention
and a draft conference Resolution.
Proposals
ARTICLE 1 (CS)
Purposes of the Union
EUR/10/72
MOD 5
c)
to promote the harmonious development of technical facilities and their
most efficient operation with a view to facilitating global interconnection
and interoperability of telecommunication facilities and improving the
efficiency of telecommunication services, thereby increasing their
usefulness and making them, so far as possible, generally available to the
public;
Reasons: To include the sense of ITR No. 5 within the Constitution.
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ARTICLE 6 (CS)
Execution of the Instruments of the Union
EUR/10/73
MOD 38
PP-98
2
The Member States are also bound to take the necessary steps, through
technical, procedural or administrative instructions, or any other means, to
impose the observance of the provisions of this Constitution, the Convention
and the Administrative Regulations upon operating agencies authorized by
them to establish and operate telecommunications and which engage in
international services or which operate stations capable of causing harmful
interference to the radio services of other countries.
Reasons: To include the sense of ITR Nos. 8 and 10 within the Constitution.
ARTICLE 8 (CS)
Plenipotentiary Conference
EUR/10/74
MOD 59
k)
deal with such other telecommunication questions as may be necessary,
including the partial or complete revision of the International
Telecommunication Regulations, or its abrogation.
Reasons: To allow the possibility for a future PP to revise or abrogate the
ITRs.
ARTICLE 33 (CS)
The Right of the Public to Use the International
Telecommunication Service
EUR/10/75
MOD 179
PP-98
1
Member States recognize the right of the public to correspond by means
of the international service of public correspondence. The term "public"
applies in its widest sense to the general population, to legal persons and
entities and to governmental bodies. The services, the charges and the
safeguards shall be the same for all users in each category of correspondence
without any priority or preference.
Reasons: To include the sense of ITR Nos. 4 and 31 within the Constitution.
EUR/10/76
ADD 179A
2
Member States shall promote the implementation of international
telecommunication services for public use in their national network(s).
Reasons: To include the sense of ITR No. 32 within the Constitution.
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ARTICLE 38 (CS)
Establishment, Operation and Protection of
Telecommunication Channels and Installations
EUR/10/77
MOD 186
PP-98
1
Member States shall take such steps as may be necessary to ensure the
establishment, under the best technical conditions for achieving and
maintaining satisfactory levels of quality of service, of the channels and
installations necessary to carry on the rapid and uninterrupted exchange of
international telecommunications.
EUR/10/78
MOD 187
2
So far as possible, these channels and installations must be operated by
the methods, recommendations and procedures which scientific knowledge
and practical operating experience has shown to be the best. They must be
maintained in proper operating condition and kept abreast of scientific and
technical progress.
Reasons: To include the sense of ITR Nos. 5, 10 and 31 within the
Constitution.
ANNEX (CS)
Definition of Certain Terms Used in this Constitution,
the Convention and the Administrative Regulations
of the International Telecommunication Union
EUR/10/79
ADD 1011A
International route: Technical facilities and installations located in
different countries and used for telecommunication traffic between two
international telecommunication terminal exchanges or offices.
Reasons: To include the sense of ITR No. 21 within the Annex to the
Constitution.
EUR/10/80
ADD 1014A
Privilege telecommunication:
a)
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A telecommunication that may be exchanged during sessions of the ITU
Council, conferences and meetings of the ITU between, on the one hand,
representatives of Members of the Council, members of delegations,
senior officials of the permanent organs of the Union and their
authorized colleagues attending conferences and meetings of the ITU
and, on the other, their administrations or recognized private operating
agency or the ITU, and relating either to matters under discussion by the
Council, conferences and meetings of the ITU or to public international
telecommunications; or
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b)
a private telecommunication that may be exchanged during sessions of
the ITU Council and conferences and meetings of the ITU by
representatives of Members of the Council, members of delegations,
senior officials of the permanent organs of the Union attending ITU
conferences and meetings, and the staff of the Secretariat of the Union
seconded to ITU conferences and meetings, to enable them to
communicate with their country of residence.
Reasons: To include the sense of ITR Nos. 18-20 within the Annex to the
Constitution.
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EUR/10/81
ADD
DRAFT RESOLUTION [EUR-3] (Marrakesh, 2002)
International Telecommunication Regulations
The Plenipotentiary Conference of the International Telecommunication Union (Marrakesh, 2002),
considering
a)
that the International Telecommunication Regulations (ITRs) were last amended in
Melbourne in 1988, since when the pace and effects of change in the telecommunications industry
has resulted in the ITRs becoming increasingly distant from common practice;
b)
that Resolution 79 (Minneapolis, 1998) instructed the ITU Secretary-General, in consultation
with the Director of TSB and a balanced group of appropriate experts (the Expert Group), to advise
the Council on any action that the Union should take in relation to the International
Telecommunication Regulations (ITRs), and to report to the next plenipotentiary conference;
c)
that the review by the Expert Group did not reach a consensus but put forward four options
for further consideration:

the possible termination of the existing ITRs, to be achieved through integration of the
relevant provisions into the ITU Constitution, Convention or other instruments such as
Recommendations (which could include descriptions of alternative approaches), Resolutions
and MoUs or otherwise;

the modification of the ITRs, with a detailed update of the existing provisions, with a view to
keeping the ITRs as a treaty level text;

detailed proposals explaining why there is a need to defer determinations on whether to
review and modify the ITRs;

proposals for new areas of regulation to enable further development and determination as to
which were really appropriate for an inter-governmental treaty level regulatory agreement,
noting
a)
that the provisions in the ITRs establish general principles which relate to the provision and
operation of international telecommunication services offered to the public as well as to the
underlying international telecommunication transport;
b)
that it is important for each Sector of the Union to have more autonomy over its operations,
whilst issues common to all Sectors are addressed in the Constitution and Convention,
recognizing
that this conference has embarked on a process of integrating the ITRs with other instruments of the
Union and the ITU-T Sector, as appropriate, in order to maintain the status of the ITU as the
pre-eminent body in the field of global telecommunications,
resolves
1
to treat the provisions of the International Telecommunication Regulations (1988) set out in
Annex 1 to this resolution as no longer having effect from the date of the entry into force of the
amendments made to the ITU Constitution and Convention agreed at this conference;
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2
to authorize and invite the ITU-T to revise, and if necessary to develop, ITU-T
Recommendations for approval by WTSA-04 so as to give appropriate effect to those elements of
the ITRs listed in Annex 2 to this resolution, after which date those elements of the ITRs should be
treated as no longer having effect;
3
to treat as no longer having effect from the date of the entry into force of the amendments
made to the ITU Constitution and Convention agreed at this conference those elements of the ITRs
listed in Annexes 3 and 4 to this resolution, whose effects are duplicated in existing provisions of
the Constitution or Convention or through ITU-T Recommendations;
4
to treat as no longer having effect from the date of the entry into force of the amendments
made to the ITU Constitution and Convention agreed at this conference certain elements of the ITRs
as listed in Annex 5 to this resolution whose effects have become redundant,
instructs the Director of TSB
to ensure that an effective preparatory process for WTSA-04 is established, in consultation with
TSAG, to ensure that the work referred to in resolves 2 above is completed in time for WTSA-04
consideration,
invites WTSA-04
to advise PP-06 on any further action required in respect of the ITRs including their possible
abrogation.
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ANNEX 1
ITR Articles and provisions due to be implemented through
the revisions to the Constitution and Convention
adopted at the Plenipotentiary Conference
of ITU (Marrakesh, 2002)
Article 1
Purpose and Scope of the Regulations
…
4
1.2
In these Regulations, "the public" is used in the sense of the population, including governmental and legal
bodies.
5
1.3
These Regulations are established with a view to facilitating global interconnection and interoperability of
telecommunication facilities and to promoting the harmonious development and efficient operation of technical
facilities, as well as the efficiency, usefulness and availability to the public of international telecommunication
services.
8
1.6
In implementing the principles of these Regulations, administrations * should comply with, to the greatest
extent practicable, the relevant CCITT Recommendations, including any Instructions forming part of or derived
from these Recommendations.
…
10
1.7
b) The Member concerned shall, as appropriate, encourage the application of relevant CCITT
Recommendations by such service providers.
…
Article 2
Definitions
…
18
2.5
Privilege telecommunication
19
2.5.1 A telecommunication that may be exchanged during
– sessions of the ITU Administrative Council,
– conferences and meetings of the ITU
between, on the one hand, representatives of Members of the Administrative Council, members of delegations,
senior officials of the permanent organs of the Union and their authorized colleagues attending conferences and
meetings of the ITU and, on the other, their administrations or recognized private operating agency or the ITU,
and relating either to matters under discussion by the Administrative Council, conferences and meetings of the
ITU or to public international telecommunications.
____________________
*
or recognized private operating agency(ies)
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20
2.5.2 A private telecommunication that may be exchanged during sessions of the ITU Administrative Council
and conferences and meetings of the ITU by representatives of Members of the Administrative Council, members
of delegations, senior officials of the permanent organs of the Union attending ITU conferences and meetings,
and the staff of the Secretariat of the Union seconded to ITU conferences and meetings, to enable them to
communicate with their country of residence.
21
2.6
International route: Technical facilities and installations located in different countries and used for
telecommunication traffic between two international telecommunication terminal exchanges or offices.
…
Article 3
International Network
…
31
3.4
Subject to national law, any user, by having access to the international network established by an
administration*, has the right to send traffic. A satisfactory quality of service should be maintained to the greatest
extent practicable, corresponding to relevant CCITT Recommendations.
…
Article 4
International Telecommunication Services
…
32
4.1
Members shall promote the implementation of international telecommunication services and shall
endeavour to make such services generally available to the public in their national network(s).
…
____________________
*
or recognized private operating agency(ies)
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ANNEX 2
ITR Articles and provisions related to which the ITU-T is authorized
and invited to revise, and if necessary to develop, as appropriate,
ITU-T Recommendations for approval by WTSA-04
Article 1
Purpose and Scope of the Regulations
…
7
1.5
Within the framework of the present Regulations, the provision and operation of international
telecommunication services in each relation is pursuant to mutual agreement between administrations *.
…
Article 3
International Network
…
30
3.3
Administrations* shall determine by mutual agreement which international routes are to be used. Pending
agreement and provided that there is no direct route existing between the terminal administrations* concerned,
the origin administration* has the choice to determine the routing of its outgoing telecommunication traffic,
taking into account the interests of the relevant transit and destination administrations*.
…
Article 4
International Telecommunication Services
…
34
4.3
Subject to national law, Members shall endeavour to ensure that administrations* provide and maintain, to
the greatest extent practicable, a minimum quality of service corresponding to the relevant CCITT
Recommendations with respect to:
35
a) access to the international network by users using terminals which are permitted to be connected to the
network and which do not cause harm to technical facilities and personnel;
36
b) international telecommunication facilities and services available to customers for their dedicated use;
37
c) at least a form of telecommunication which is reasonably accessible to the public, including those who
may not be subscribers to a specific telecommunication service; and
38
d) a capability for interworking between different services, as appropriate, to facilitate international
communications.
____________________
*
or recognized private operating agency(ies)
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Article 5
Safety of Life and Priority of Telecommunications
…
39
5.1
Safety of life telecommunications, such as distress telecommunications, shall be entitled to transmission as
of right and shall, where technically practicable, have absolute priority over all other telecommunications, in
accordance with the relevant Articles of the Convention and taking due account of relevant CCITT
Recommendations.
…
Article 6
Charging and Accounting
…
42
6.1
Collection charges
43
6.1.1 Each administration* shall, subject to applicable national law, establish the charges to be collected from its
customers. The level of the charges is a national matter; however, in establishing these charges, administrations*
should try to avoid too great a dissymmetry between the charges applicable in each direction of the same relation.
44
6.1.2 The charge levied by an administration* on customers for a particular communication should in principle
be the same in a given relation, regardless of the route chosen by that administration*.
…
46
6.2
Accounting rates
47
6.2.1 For each applicable service in a given relation, administrations* shall by mutual agreement establish and
revise accounting rates to be applied between them, in accordance with the provisions of Appendix 1 and taking
into account relevant CCITT Recommendations and relevant cost trends.
48
6.3
49
6.3.1 In the absence of special arrangements concluded between administrations*, the monetary unit to be used
in the composition of accounting rates for international telecommunication services and in the establishment of
international accounts shall be:
Monetary unit
– either the monetary unit of the International Monetary Fund (IMF), currently the Special Drawing
Right (SDR), as defined by that organization;
– or the gold franc, equivalent to 1/3.061 SDR.
50
6.3.2 In accordance with relevant provisions of the International Telecommunication Convention, this provision
shall not affect the possibility open to administrations* of establishing bilateral arrangements for mutually
acceptable coefficients between the monetary unit of the IMP and the gold franc.
51
6.4
52
6.4.1 Unless otherwise agreed, administrations* shall follow the relevant provisions as set out in Appendices 1
and 2.
53
6.5
54
6.5.1 Administrations* shall follow the relevant provisions as set out in Appendix 3.
Establishment of accounts and settlement of balances of account
Service and privilege telecommunications
____________________
*
or recognized private operating agency(ies)
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ANNEX 3
ITR Articles and provisions whose effects are already covered
by provisions of the Constitution or Convention
PREAMBLE
1
While the sovereign right of each country to regulate its telecommunications is fully recognized, the provisions
of the present Regulations supplement the International Telecommunication Convention, with a view to attaining the
purposes of the International Telecommunication Union in promoting the development of telecommunication services
and their most efficient operation while harmonizing the development of facilities for world-wide telecommunications.
covered by the Preamble to the Constitution
Article 1
Purpose and Scope of the Regulations
…
2
1.1
a) These Regulations establish general principles which relate to the provision and operation of
international telecommunication services offered to the public as well as to the underlying international
telecommunication transport means used to provide such services. They also set rules applicable to
administrations*.
covered by Article 1 of the Constitution
3
b) These Regulations recognize in Article 9 the right of Members to allow special arrangements.
covered by Article 42 of the Constitution
…
9
1.7
a) These Regulations recognize the right of any Member, subject to national law and should it decide to
do so, to require that administrations and private operating agencies, which operate in its territory and provide an
international telecommunication service to the public, be authorized by that Member.
covered by Preamble to the Constitution
Article 2
Definitions
…
14
2.1
Telecommunication: Any transmission, emission or reception of signs, signals, writing, images and sounds
or intelligence of any nature by wire, radio, optical or other electromagnetic systems.
covered by Constitution Annex 1012
…
____________________
*
or recognized private operating agency(ies)
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15
2.2
International telecommunication service: The offering of a telecommunication capability between
telecommunication offices or stations of any nature that are in or belong to different countries.
covered by Constitution Annex 1011
16
2.3
Government telecommunication: A telecommunication originating with any: Head of a State; Head of a
government or members of a government; Commanders-in-Chief of military forces, land, sea or air; diplomatic or
consular agents; the Secretary-General of the United Nations; Heads of the principal organs of the United
Nations; the International Court of Justice,
or reply to a government telegram.
covered by Constitution Annex 1014
17
2.4
Service telecommunication
A telecommunication that relates to public international telecommunications and that is exchanged among
the following:
– recognized private operating agencies,
– and the Chairman of the Administrative Council, the Secretary-General, the Deputy Secretary-General,
the Directors of the International Consultative Committees, the members of the International
Frequency Registration Board, other representatives or authorized officials of the Union, including
those working on official matters outside the seat of the Union.
covered by Constitution Annex 1006
Article 3
International Network
…
28
3.1
Members shall ensure that administrations* cooperate in the establishment, operation and maintenance of
the international network to provide a satisfactory quality of service.
covered by Articles 38 and 1.2c of the Constitution
29
3.2
Administrations* shall endeavour to provide sufficient telecommunication facilities to meet the
requirements of and demand for international telecommunication services.
covered by Article 1.1c of the Constitution
Article 4
International Telecommunication Services
…
33
4.2
Members shall ensure that administrations* cooperate within the framework of these Regulations to
provide by mutual agreement, a wide range of international telecommunication services which should conform, to
the greatest extent practicable, to the relevant CCITT Recommendations.
covered by Articles 1 and 38 of the Constitution
…
____________________
*
or recognized private operating agency(ies)
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Article 5
Safety of Life and Priority of Telecommunications
39
5.1
Safety of life telecommunications, such as distress telecommunications, shall be entitled to transmission as
of right and shall, where technically practicable, have absolute priority over all other telecommunications, in
accordance with the relevant Articles of the Convention and taking due account of relevant CCITT
Recommendations.
covered by Articles 40 and 46 of the Constitution
40
5.2
Government telecommunications, including telecommunications relative to the application of certain
provisions of the United Nations Charter, shall, where technically practicable, enjoy priority over
telecommunications other than those referred to in No. 39, in accordance with the relevant provisions of the
Convention and taking due account of relevant CCITT Recommendations.
covered by Article 41 of the Constitution
…
Article 7
Suspension of Services
55
7.1
If a Member exercises its right in accordance with the Convention to suspend international
telecommunication services partially or totally, that Member shall immediately notify the Secretary-General of
the suspension and of the subsequent return to normal conditions by the most appropriate means of
communication.
56
7.2
The Secretary-General shall immediately bring such information to the attention of all other Members,
using the most appropriate means of communication.
covered by Article 35 of the Constitution
Article 8
Dissemination of Information
57
Using the most suitable and economical means, the Secretary-General shall disseminate information,
provided by administrations*, of an administrative, operational, tariff or statistical nature concerning international
telecommunication routes and services. Such information shall be disseminated in accordance with the relevant
provisions of the Convention and of this Article, on the basis of decisions taken by the Administrative Council or
by competent administrative conferences, and taking account of conclusions or decisions of Plenary Assemblies
of the International Consultative Committees.
covered by Article 5.1o - p of the Convention
____________________
*
or recognized private operating agency(ies)
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Article 9
Special Arrangements
58
9.1
a) Pursuant to Article 31 of the International Telecommunication Convention (Nairobi, 1982), special
arrangements may be entered into on telecommunication matters which do not concern Members in general.
Subject to national laws, Members may allow administrations * or other organizations or persons to enter into
such special mutual arrangements with Members, administrations* or other organizations or persons that are so
allowed in another country for the establishment, operation, and use of special telecommunication networks,
systems and services, in order to meet specialized international telecommunication needs within and/or between
the territories of the Members concerned, and including, as necessary, those financial, technical, or operating
conditions to be observed.
59
b) Any such special arrangements should avoid technical harm to the operation of the telecommunication
facilities of third countries.
60
9.2
Members should, where appropriate, encourage the parties to any special arrangements that are made
pursuant to No. 58 to take into account relevant provisions of CCITT Recommendations.
covered by Article 42 of the Constitution
____________________
*
or recognized private operating agency(ies)
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ANNEX 4
ITR Articles and provisions whose effects are already
covered in ITU-T Recommendations
Article 2
Definitions
…
22
23
24
2.7
Relation: Exchange of traffic between two terminal countries, always referring to a specific service if there
is between their administrations*:
a) a means for the exchange of traffic in that specific service:
–
over direct circuits (direct relation), or
–
via a point of transit in a third country (indirect relation), and
b) normally, the settlement of accounts.
covered by ITU-T Recommendation D.000
25
2.8
Accounting rate: The rate agreed between administrations* in a given relation that is used for the
establishment of international accounts.
covered by ITU-T Recommendation D.000
26
2.9
Collection charge: The charge established and collected by an administration * from its customers for the
use of an international telecommunication service.
covered by ITU-T Recommendation D.000
27
2.10 Instructions: A collection of provisions drawn from one or more CCITT Recommendations dealing with
practical operational procedures for the handling of telecommunication traffic (e.g., acceptance, transmission,
accounting).
covered by ITU-T Recommendation D.000
____________________
*
or recognized private operating agency(ies)
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ANNEX 5
ITR Articles and provisions whose effects
have become redundant
Article 1
Purpose and Scope of the Regulations
…
6
1.4
References to CCITT Recommendations and Instructions in these Regulations are not to be taken as giving
to those Recommendations and Instructions the same legal status as the Regulations.
…
11
1.7
c) The Members, where appropriate, shall cooperate in implementing the International
Telecommunication Regulations (for interpretation, also see Resolution No. 2).
12
1.8
The Regulations shall apply, regardless of the means of transmission used, so far as the Radio Regulations
do not provide otherwise.
…
Article 10
Final Provisions
61
10.1 These Regulations, of which Appendices 1, 2 and 3 form integral parts, shall enter into force on 1 July
1990 at 0001 hours UTC.
62
10.2 On the date specified in No. 61, the Telegraph Regulations (Geneva, 1973) and the Telephone Regulations
(Geneva, 1973) shall be replaced by these International Telecommunication Regulations (Melbourne, 1988)
pursuant to the International Telecommunication Convention.
63
10.3 If a Member makes reservations with regard to the application of one or more of the provisions of these
Regulations, other Members and their administrations * shall be free to disregard the said provision or provisions
in their relations with the Member which has made such reservations and its administrations *.
64
10.4 Members of the Union shall inform the Secretary-General of their approval of the International
Telecommunication Regulations adopted by the Conference. The Secretary-General shall inform Members
promptly of the receipt of such notifications of approval.
____________________
*
or recognized private operating agency(ies)
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PART 22
Submitted by the following Member States:
Belgium, Bulgaria, Czech Rep., Denmark, Estonia, France, Germany, Hungary,
Iceland, Italy, Latvia, Luxembourg, Norway, Poland, Portugal, Romania,
Russia, Slovakia, Spain, Sweden, Switzerland, United Kingdom
BACKLOG IN SATELLITE FILINGS
Part 3 of Document 10 contains a general proposal supporting the need for PP-02 and WRC-03 to
take the necessary measures to either substantially reduce or eliminate the backlog in satellite filings
in the Bureau. Since that proposal was prepared there have been meetings within the ITU-R Sector
in which some actions have been taken. However, the backlog is still a problem and is likely to be a
problem for the next few years. Consequently the above Administrations submit the attached draft
resolution for consideration of the conference.
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EUR/10/82
ADD
DRAFT RESOLUTION [EUR-X] (Marrakesh, 2002)
Backlog in satellite filings
The Plenipotentiary Conference of the International Telecommunication Union (Marrakesh, 2002),
considering
a)
that the backlog in the processing of satellite filings by the Bureau continues to be a problem
and that this backlog has an impact on administrations and the Radiocommunication Bureau in
trying to comply with the provisions of the Radio Regulations;
b)
that Council-01 adopted Resolution 1182 in which it was recommended that the RRB
develop, as a matter of urgency, a set of Rules of Procedure, consistent with the Radio Regulations,
intended to eliminate the backlog;
c)
that the RRB, at its meeting in December 2001, adopted some provisional Rules of Procedure
that should result in the reduction of the backlog;
d)
that some administrations consider that these provisional Rules were not consistent with the
Radio Regulations, whereas other administrations supported the actions of the RRB;
e)
that the meeting of the Special Committee in July 2002 also concluded on this divergence of
views,
recognizing
a)
that until this backlog is resolved it is impossible for the coordination and notification
procedures of the Radio Regulations to work in the manner that they were intended;
b)
the need to resolve this backlog in the processing of satellite filings,
resolves to request WRC-03
1
to urgently consider measures necessary to either eliminate or substantially reduce this
backlog;
2
to consider either making the provisional Rules of RRB adopted for the purpose of resolving
the backlog permanent or at a minimum extending the application of these provisional Rules until
the WRC following WRC-03.
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PART 23
Submitted by the following Member States:
Austria, Belgium, Bulgaria, Czech Rep., Denmark, Estonia, France, Germany,
Hungary, Iceland, Italy, Latvia, Luxembourg, Norway, Poland, Romania,
Slovakia, Spain, Sweden, Switzerland, United Kingdom
MANAGEMENT OF INTERNET DOMAIN NAMES AND ADDRESSES
Introduction
The Internet is playing an increasingly important role in global communications, information,
entertainment and education. The steady growth of the Internet sparks regular adjustment of the
overall architecture to factor in new technologies capable of supporting a growing number of users,
applications and hardware. The planetary expansion of the Internet also calls for reflection on
related political, legal and economic issues.
Existing Internet organization
The Internet has two important components:

the actual network of interconnected computers which all send and receive packets of data.
Typical use of the Internet requires the identification of computers (their names) and an indication
of where they are on the network (their IP addresses). Separating names and addresses meant that
computers could be moved and networks reconfigured without there also being a need to modify the
software that referred to that computer.

the domain name system, the DNS, is then used to link names and addresses.
When a user types in a name such as "cept.org" it is the DNS that supplies the appropriate address.
The DNS is hierarchical in structure but very much decentralized in implementation and
management. The policy for the allocation of names under one TLD (top level domain), such as
dotCOM, can be quite different from that under another TLD, such as dot FR, and yet as all names
lie under the same root they will all still be unique.
Previously in the hands of various American entities (IANA, Department of Commerce,
Department of Defense), management of the Internet's technical resources (root servers,
IP addresses, domain names, etc.) was partially transferred in 1998 to a special body set up for this
purpose, ICANN (Internet Corporation for Assigned Names and Numbers), which has the status of
a private non-profit organization under the laws of California (United States). The ICANN Board is,
according to the ICANN bylaws, assisted in its work by several supporting organizations and
advisory committees. One of these advisory committees is the Governmental Advisory Committee.
The GAC is composed of government representatives and can, under ICANN's current bylaws, only
provide non-binding advice to the ICANN Board. Several international entities, such as EU and
ITU, are also represented in the GAC. Currently ICANN and GAC are going through a reform
process which gives an occasion to clearly define the mission of ICANN and the government
involvement with ICANN process in areas impinging on public policy.
Basic issues
The existing Internet management organization reflects the brief history of this medium, born in the
United States in the late 60s. As long as the Internet remained largely confined to academic circles
and was only used as a working tool, a technical administration system was enough to channel
growth.
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However, the Internet has exploded into an essential, global medium, requiring regular revaluation
of management procedures in order to make it more representative, open and transparent.
The political, legal and economic issues raised by Internet governance have spread well beyond
technical administration aspects to cover such areas as the right to confidentiality and protection of
personal data, the right of access and freedom of information and expression, protection of
intellectual property rights, e-commerce rules, etc. Management of the Internet and its
infrastructures with the required stability, reliability, continuity, security, freedom of use, protection
of individual rights, respect of competition rules and equal access notably is therefore not just a
technical service but a service in the general interest of the entire world.
The ITU Plenipotentiary Conference (Minneapolis, 1998) adopted two important resolutions as
regards the Internet1: Resolution 102, "Management of Internet domain names and addresses" and
Resolution 101, "Networks based on the Internet protocol". Resolution 102 lays down the principle
that management of Internet names and addresses must reflect the geographical and functional
characteristics of the Internet. It also stresses the role of governments in this process in order to
guarantee compliance with a number of public policy principles and assigns the Council the task of
taking the appropriate measures to achieve this.
The debate on the evolution of Internet management
The reasons why these issues need to be reviewed by this plenipotentiary conference are, inter alia,
as follows:
First, the internationalization phenomenon of the Internet has continued to gather pace: the existing
management system should take into account the geographical expansion of the Internet and the
resulting economic, technical, legal, cultural and other issues.
New technological developments, such as the implementation of the IPv6 standard, the ongoing
convergence between the Internet and data and voice telecommunication networks, e.g. manifest in
the ENUM protocol, efforts to establish internationalized domain names, make it increasingly
important to ensure that the framework for managing names and addresses is able to accommodate
the current and foreseeable developments.
____________________
1
Resolution 101 "Internet Protocol (IP)-based networks"
Encourages ITU-T to continue its collaborative activities on IP-based networks with ISOC/IETF.
It advises ITU to strengthen its activities in the IP-area by various means. It resolves that ITU
shall clearly identify the range of Internet related issues that fall within the responsibilities
incumbent on the Union under its Constitution.
Resolution 102 on "Management of Internet domain names and addresses".
This resolution considers, inter alia, that the future management of the registration and allocation
of Internet names and addresses must fully reflect the geographical and functional nature of the
Internet and that the management of the Internet is a subject of valid international interest and
must flow from full international cooperation.
This second resolution emphasizes also the role of the national governments in this process.
According to the resolution, governments should provide a clear, consistent and predictable legal
framework, to promote a favourable environment in which global information networks are
interoperable and widely accessible to all citizens, and to ensure adequate protection of consumer
and user interests. Furthermore, it instructs the Council to take appropriate measures to this
effect.
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Proposals
The reform of ICANN provides an opportunity to improve the organization of Internet management
according to a few key objectives, particularly genuine internationalization, inclusion of public
interests and express recognition of the responsibilities of the governments. These public interests
include, for example, competition, security in all its aspects, ccTLD policy, IPR, languages and
geographical terms, abusive registrations, data protection and privacy, and telecommunication
numbering. Internet management should permit management of its physical infrastructures and the
domain name system with optimum clarity, efficiency, stability, security and equality of access to
resources, which, inter alia, calls for international analysis of issues belonging to public policy.
While management of technical functions can be entrusted to a private entity, public policy
objectives must be defined by governments, which also must oversee its compliance.
The International Telecommunication Union plays an important role in the development of
IP standards and protocols for the Internet in partnership with the Internet standardization
organizations (such as the IETF), governments and the private sector. For these and aforementioned
reasons, ITU should contribute to the reform of ICANN and to further reflection and work on
Internet management.
ITU can, inter alia, facilitate genuinely global discussion of the parties directly or indirectly
concerned by Internet management issues in both the public and the private sector.
Based on these considerations, we propose the following amended version of Resolution 102
(Minneapolis, 1998).
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EUR/10/83
MOD
RESOLUTION 102 (Rev. Marrakesh, 2002)
Management of Internet domain names and addresses
The Plenipotentiary Conference of the International Telecommunication Union (Marrakesh, 2002),
conscious
that the purposes of the Union are, inter alia, to promote, at the international level, the adoption of a
broader approach to the issues of telecommunications in the global information economy and
society, to promote the extension of the benefits of the new telecommunication technologies to all
the world's inhabitants and to harmonize the efforts of Member States and Sector Members in the
attainment of those ends,
considering
a)
that advances in the global information infrastructure, including the development of Internet
Protocol (IP)-based networks and especially the Internet, are an issue of crucial importance to the
future, as an important engine for growth in the world economy in the twenty-first century;
b)
that the private sector is playing a key role in the expansion of the Internet, for example
through investments in infrastructures and services;
c)
that the development of the Internet must essentially be market-led and driven by private
initiative;
d)
that the management of the registration and allocation of Internet domain names and
addresses must fully reflect the geographical and functional nature of the Internet, taking into
account an equitable balance of interests of all stakeholders, in particular of businesses and
consumers;
e)
that Internet domain names and addresses, and more generally the Internet and global
information networks, must be widely accessible to all citizens without regard to gender, race,
religion or country of residence;
f)
that the methods of allocation of Internet domain names and addresses should not privilege
any country or region of the world to the detriment of others;
g)
that the management of the Internet is a subject of valid international interest and must flow
from full international cooperation;
h)
that the expanding use of the Internet will inevitably lead to the need for an increased capacity
of IP addresses;
i)
that Member States represent the interests of the population of the country or territory for
which a ccTLD has been delegated;
j)
that ITU performs worldwide administration of a number of naming and address allocation
systems, and acts as the forum for policy development in this area,
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stressing
a)
that the overall method of allocation of Internet domain names and addresses includes
technical and administrative tasks, for which technical private bodies can be responsible, as well as
public interest matters (notably stability, security, equal access, freedom of use, protection of
individual rights, sovereignty, respect of competition rules), for which the governments and
qualified international organizations are responsible;
b)
that ITU can play a positive role in extending the governments' outreach of the reflection on
Internet management, notably the outreach of developing country governments, by offering a
platform for discussions, and for the diffusion of information;
c)
that as a result, through international cooperation, ITU could contribute to the policy
development of Internet management, which in its turn, could result in a beneficial synergy among
all actors,
emphasizing
a)
that the methods of allocation of global and essential resources such as Internet domain names
and addresses are a subject of concern for both governments and the private sector;
b)
that the role of governments is to provide a clear, consistent and predictable legal framework,
to promote a favourable environment in which global information networks are interoperable and
widely accessible to all citizens, and to ensure adequate protection of public interests in the
management of Internet names and addresses;
c)
that it is in the public interest that the system that manages Internet domain names and
addresses has transparent rules and procedures, including equitable dispute resolution procedures to
facilitate the protection of intellectual property rights;
d)
that governments are expected to promote a fair competitive environment among companies
or organizations responsible for Internet resource allocation,
instructs the Secretary-General
1
to take an active part in the international discussions and initiatives on the management of
Internet domain names and addresses and in the reflection on international Internet management;
2
to encourage all Member States to participate in the reflections on international Internet
management, so that worldwide representation in the debates can be ensured;
3
to assist Member States, if requested, in order that their public policy interests are taken into
account in the management of the Internet;
4
to report annually to the Council on the activities undertaken on this subject,
instructs the Council
to take appropriate measures in order to contribute actively to the above-mentioned international
discussions and initiatives,
invites Member States
1
to participate actively in the reflection on Internet management and notably on how their
public policy objectives are taken into account and follow the progress of this work;
2
to increase awareness at national level among all interested non-governmental parties, and to
encourage their participation in the entities managing Internet domain names and addresses.
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PART 24
Submitted by the following Member States:
Belgium, Bulgaria, Denmark, Estonia, France, Germany, Hungary, Iceland, Italy,
Latvia, Luxembourg, Norway, Poland, Portugal, Romania, Russia,
Sweden, Switzerland, United Kingdom
FURTHER IMPROVEMENT OF THE ITU FINANCIAL MANAGEMENT SYSTEM
Introduction
1
It is recognized that in a relatively small organization such as ITU, the provision of
centralized services, centralized purchasing and common resources in many cases can be best
provided by the General Secretariat, due to the benefits of economies of scale. However, it is
considered that further decentralization of specific units or activities (e.g. PhotoComposition,
translation) is possible and would allow the Bureaux to more effectively manage their work, since
they would have direct control of expenditure. It would also encourage greater efficiency if savings
made could directly benefit the Sector. Decentralization should be applied in cases where the
specific workload within a Sector is big enough to justify a separate unit or activity, and where
doing so would create an incentive for the Sector to use a centralized service in a more efficient and
cost-saving way.
2
While further decentralization is possible, this must be associated with measures aimed at
introducing clear and real structures of delegated authority within the organization, together with
appropriate accountability. This is valid for the Secretary-General as well as for the Directors of the
Bureaux. In particular, where there is accountability, this should be matched with appropriate
authority, especially in the area of the overall financial management of the Union's resources. This
should be clarified in the CS/CV and be reflected in the Financial Regulations.
3
The introduction of operational planning and activity-based budgeting has proved very
successful as it gives a much better view of the resources and enables the Bureaux to introduce
priority-setting exercises on the use of these resources. However, there is a need for better planning
and accountability especially for transfers between programmes and activities within Sectors. If an
improved system for managing transfers between programmes and activities is implemented, it may
mean that the Sectors could spend savings made on one programme and activity on another one
with higher priorities. Shifting priorities would require a greater involvement of the Sector Advisory
Groups in priority-setting and performance monitoring in particular by reviewing the use of
resources allocated to each of the different activities in the plan.
4
To maintain some flexibility for responding to Union-wide priorities, the transfer between
programmes and activities of greater than a certain percentage of the Sector budget should first be
agreed in the Coordination Committee. Such transfers must be considered within the overall
priorities of the Union.
5
Expenditures by Sectors of the appropriations in their own Sector budget currently have to go
through several protracted steps of approval in the General Secretariat. As an example, the process
for approval of travel by a Bureau member of staff (which is charged to the travel budget of the
Sector) is:
i)
approval by the Head of the Department;
ii)
approval by the Director of the Bureau;
iii)
iv)
control and certification of the funds by the administrator/controller of the Sector;
control and approval by the General Secretariat Personnel Department;
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v)
control and approval by the General Secretariat Finance Department;
vi)
approval by the Secretary-General.
Steps iii)-vi) apply equally to the Directors.
This causes unnecessary delays and complications. The internal procedures could be considerably
simplified, in particular by increased delegation of authority.
6
An explanatory background to the current budgetary system is provided in the annex to this
document.
Proposals
EUR/10/84
The Secretary-General in consultation with the Coordination Committee should consider further
decentralization of the budget appropriations in cases where the specific workload within a Sector is
large enough to justify separate units or activities, and where doing so would create an incentive for
the Sector to use a centralized service in a more efficient and cost saving way.
EUR/10/85
For services that for reasons of economy of scale, or better management, are provided on a
centralized basis, a greater involvement and authority should be given to the Directors of the
Bureaux to participate in their management, through the Coordination Committee. While it is more
efficient to have some services provided centrally, e.g. purchasing, the decision on when and how to
use the centrally provided services should be the responsibility of the Directors not the providers of
the service. Centralized purchasing requires a thorough coordination effort between those who do
the purchasing and those who order.
EUR/10/86
The Sectors should update and approve each year their Sector's rolling four-year Operational Plan.
Its linkage with the financial plan must ensure that programme and activity headings are adequate to
cover the cost of the corresponding items in the Operational Plans. The Financial Regulations
should be amended to give the flexibility and authority to transfer appropriations between
programme and activity headings according to current priorities and the savings achieved. This
authority could be delegated from the Secretary-General to the Directors for issues that concern
their Sector. The Sector Advisory Groups should play a greater role in monitoring Sector
performance.
EUR/10/87
The transfer of appropriations between programmes and activities headings should be reported to
the Council.
EUR/10/88
In order to secure the overall flexibility of the financial management of the Union, the transfer
between programmes and activities of greater than [3%] of the Sector budget should first be agreed
in the Coordination Committee taking account of overall Union priorities.
EUR/10/89
The Secretary-General in consultation with the Coordination Committee should be encouraged to
introduce further simplification of the internal procedures, relating in particular to the expenditures
by Sectors of the appropriations in their own Sector budget.
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EUR/10/90
It is further proposed that the internal audit function should report to the Council as well as to the
Secretary-General.
Reasons: These proposals would give the Sectors greater management control over their
resources, and in consequence, the direction of their affairs. It would ensure that the most efficient
use is made of the Union's resources.
These proposals may require consequential amendments to the Financial Regulations.
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ANNEX
Background
1
In 1991 the High Level Committee recommended decentralization of the ITU budgets and
greater delegation of responsibility. Ten years later, the situation had not changed greatly and the
Reform Group recommended (Recommendation 14) that there should be a study of the feasibility of
replacing ITU's current centralized financial management system with a system of budgets managed
by the Sectors, with the involvement of the Sector Advisory Groups. The Joint Inspection Unit
made a similar recommendation on decentralization of the budget to Council-01.
2
In the current largely centralized financial system, although the full cost of the General
Secretariat activities (inter-sectoral activities such as Council, PP, WTPF, etc.) represents only
approximately 9% of total cost of ITU activities, the General Secretariat budget is approximately
52% of the total ITU budget (see Figure 1). The remainder of the General Secretariat budget is
made up of "reallocated" costs attributed to the three Sectors. About 25% of these reallocated costs
are overheads (costs related to the SPU, Personnel, Finance, Legal Services, Buildings, etc.), the
rest is made up of the appropriations for the operational and support functions of the Sectors. This
"financial budget presentation" makes it very difficult for the membership to have a clear and
transparent view of how and by whom the budget is controlled and implemented.
3
Taking the ITU-R Sector as an example, although the cost of the activities of the ITU-R
Sector amounts to approximately CHF 138 million, the ITU-R Sector financial budget covers only
50% of this cost. The remainder is in the reallocated costs portion of the General Secretariat budget.
A similar situation exists in the ITU-D and ITU-T Sectors.
4
In the 2000-2001 budget an "activity-based budget" presentation was introduced (see
Figure 2). This activity-based budget presentation provides a clearer indication of the provision of
the services involved in the implementation and execution of the Sector activities. It makes it much
clearer to the membership how the resources of the Union are used and where savings or cost
optimizations could be made. It gives the membership the information necessary to introduce
priorities, not only amongst activities but also amongst the centralized services. It also indicates
more clearly the sources of funding (see Figure 3).
5
This new presentation allows for an overview of the relative extent of each activity, and the
setting about of new measures to promote efficiency and optimize the use of the Union's resources.
The relative magnitude of the costs of the centralized support services costs for the activities of the
Union is more evident as well as the need to strive to optimize the management of these centralized
services.
6
Another significant development in the 2002-2003 budget was the decentralization to the
Sectors and to the Departments of the General Secretariat of some centralized appropriations such
as the variable cost of the documentation, the appropriations dedicated to the IT peripherals, the
furniture, the office supplies, the telecommunication charges, etc.
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FIGURE 1
180
160
140
120
Million CHF
100
80
60
40
20
0
GS
ITU-R
ITU-T
ITU-D
Figure 1 represents the 2002-2003 Financial Budget by Sector.
FIGURE 2
140
GS reallocated costs
Financial Budget
120
100
80
Million CHF
60
40
20
0
GS
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ITU-R
ITU-T
ITU-D
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Figure 2 shows the equivalent activity-based budget which clearly indicates the significant
discrepancy between the appropriations attributed to each Sector (in dark) and the real cost of the
Sectors' activities (dark and light added together).
FIGURE 3
140
120
100
80
Cost recovery
Sector Members contributions
Member states contributions
Million CHF
60
40
20
0
GS
ITU-R
ITU-T
ITU-D
Figure 3 provides the breakdown of the sources of funding by Sector for the activity-based budget.
NOTE - All the information presented in these figures has been extracted from the 2002-2003
budget of the Union and from Resolution 1174 of Council-01.
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PART 25
Submitted by the following Member States:
Austria, Belgium, Bulgaria, Czech Rep., Denmark, Estonia, Germany, Hungary,
Iceland, Italy, Latvia, Luxembourg, Norway, Poland, Portugal, Romania,
Slovakia, Spain, Sweden, Switzerland, United Kingdom
ADDENDUM TO EUROPEAN COMMON PROPOSAL PART 6 ON THE
IMPLEMENTATION OF PROCESSING CHARGES FOR SATELLITE
NETWORK FILINGS AND ADMINISTRATIVE PROCEDURES
RESOLUTION 88 (Minneapolis, 1998)
European Common Proposal Part 6 (ECP 6) was submitted to the conference as part of PP-02
Document 10. That proposal has the support of 26 co-signatories. This is an addendum to ECP 6
that has been agreed subsequently as European Common Proposal Part 25 and has the support of the
co-signatories listed above.
Introduction
PP-98, in Resolution 88, decided to implement processing charges for satellite network filings for
all satellite filings submitted to the Radiocommunication Bureau after 7 November 1998. At the
time of that decision, the methodology, charges and dates of payment were not yet determined. That
same resolution requested the Council at it special session during the plenipotentiary conference and
the 1999 session to adopt the costing methodology as well as the schedule of charges and this also
included the dates when such payments would be required. Council-99 could have adopted a
methodology and process that required payments by the end of 1999 and such a decision would
have been in accordance with Resolution 88 (Minneapolis, 1998).
Council-99 adopted a methodology (Decision 482) that comprised a flat-fee component and
variable-fee component, which is dependent on the number of pages of the publication. These
payments were required after the publication of the filing by the Bureau, but due to the backlog of
the processing of filings, such payments would only be required some 2-3 years after the
submission of the filing. Council-01 modified Decision 482 so that the flat-fee component for
filings received after 1 January 2002 would be required within six months of the date of receipt of
the invoice which would be sent out after the receipt of the filing. This decision created an
inequitable situation in which a filing submitted before 1 January 2002 would have some 2-3 years
to make the payment, whereas, a filing submitted after 1 January 2002 would only have some
months to make the payment.
It is proposed that Resolution 88 be modified which would instruct Council to rectify this inequity
by requiring the invoices to be sent out as soon as possible after the plenipotentiary conference and
requiring the payment of the flat-fee component within a period of [six] months after the receipt of
the invoice. Some may consider this as a decision having retroactive effect. However, the Member
States submitting this proposal do not consider such a decision as having retroactive effect, as the
decision by PP-98 in Resolution 88 was such that all filings submitted after 7 November 1998 were
subject to these charges with the methodology, amount of the fees and the payment dates not yet
decided.
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The methodology adopted by Council-99 for the processing charges did not include all costs
associated with the processing of such filings, and it is proposed to apply the full cost allocation
methodology.
In addition, WRC-2000 adopted some footnotes to provisions of some Articles of the Radio
Regulations relating to the consequences of non-payment with the effective date to be determined
by the plenipotentiary conference.
PP-98, in Resolution 88, decided to exclude implementation of processing charges for notification
of satellite networks (Article 11 of the Radio Regulations) and other ongoing work of BR associated
with processing satellite network filings like the application of Resolution 49 and work on
processing satellite network filings that does not result in publication of a special section.
Council-02 adopted a SAT-BAG recommendation to extend the methodology (Decision 482) to
cover those activities related to advance publication and coordination for which the publication of
Special Sections are not required and pursuant to Resolution 91 (PP-98), the application of full cost
recovery to the satellite network filing process. Council-02 set up an ad hoc group to, inter alia,
determine the factors to be considered for the evaluation, as well as the practical implications of
applying cost attribution to activities associated with the processing of satellite network filings
towards the application of full cost recovery. The ad hoc group met in July 2002 and has
recommended to the Special Session of Council immediately prior to PP-02 that cost recovery be
extended, in principle, to include other work associated with processing satellite network filings and
also other aspects of the Space Services Departments activities, subject to clarification of the details
of the reallocated costs.
The ad hoc group also noted that the term "actual costs", Resolution 91 (Minneapolis, 1998) "Cost
recovery for some ITU products and services", is not clearly defined. Hence, taking satellite
networks as an example, it is not clear if these requirements refer to the costs of ITU in processing
all the satellite network filings in a particular category or the cost of processing an individual
satellite network filing. If the former definition were applied, then as the number of networks
processed decreased, the fee per network would have to rise to balance the budget. Whereas if the
latter definition applied, fees would be maintained at the same level however, there would then be a
shortfall in income. Noting that, members would consider it unacceptable that the processing of
fewer satellite networks could lead to higher fees, the meaning of "actual costs" in Resolution 91
needs to be clarified as they apply to satellite network filings.
Revisions to Resolution 88 are proposed to cover the above points.
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EUR/10/91
MOD
RESOLUTION 88 (Rev. Marrakesh, 2002)
Implementation of processing charges
for satellite network filings and
administrative procedures
The Plenipotentiary Conference of the International Telecommunication Union (Marrakesh, 2002),
considering
a)
that the Council in 1997 approved Resolution 1113 adopting the principle of full cost
recovery for the processing by the Radiocommunication Bureau (BR) of space notifications;
b)
that the Council in 1998 set out a specific methodology for the implementation of processing
charges for satellite network filings and reported accordingly to this conference;
c)
that a number of Member States have raised difficulties regarding the Council's proposals for
the implementation of satellite network filings cost recovery;
d)
that there are concerns regarding the possible date of implementation of cost recovery for
satellite network filings;
e)
that the Plenipotentiary Conference (Minneapolis, 1998) adopted Resolution 88 dealing with
these processing charges requesting Council-99 to adopt the methodology and schedule of charges;
f)
that Council-98 adopted in Decision 482 the methodology and schedule of fees based on a
flat-fee component and a variable-fee component (depending on the number of pages of the
publication) with such payments due after the publication of the filing;
g)
that Council-01 modified Decision 482 so that for filings submitted after 1 January 2002 the
flat-fee component be paid some months after the submission of the filing;
h)
that this revision of Decision 482 creates an inequitable difference in the treatment for filings
submitted before 2002 and those submitted after 2001;
i)
that WRC-2000 dealt with the consequences of non-payment of such processing fees with the
adoption of provisions S9.2B.1, S9.38.1, footnotes 4 and 8 of Article 4 of Appendix S30,
footnotes 5 and 9 of Article 4 of Appendix S30A and footnote 1 to Article 6 of Appendix S30B,
however, the effective dates of such footnotes has been left for this plenipotentiary conference to
decide;
j)
that the methodology adopted by Council-98 does not include the full recovery of all costs
associated with the processing of satellite notices,
further considering
that any delay in the application of satellite network cost recovery could result in a significant
increase in the processing delay within the Radiocommunication Bureau and may have financial
implications,
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resolves
1
that cost recovery for satellite network filings shall be implemented as soon as possible
consistent with the general principles for cost recovery adopted in Resolution 91
(Rev. Marrakesh, 2002) and where the term "actual costs" refers to ITU's costs in processing a
single satellite network filing;
2
that all filings for the production of the special sections of the Weekly Circular for space
radiocommunication services concerning advance publication, and their associated requests for
coordination or agreement (Article 11, Article 14 plus Resolutions 33 and 46, or Article S9 of the
Radio Regulations) and requests for modification of the space service plans contained in
Appendices 30/S30, 30A/S30A and 30B/S30B to the Radio Regulations, received by BR after
7 November 1998 shall be subject to the application of cost recovery using the methodology to be
adopted according to this resolution;
3
that for all filings received by BR after 7 November 1998 but before 1 January 2002, the
invoices in accordance with the schedule of fees in Decision 482 (MOD) shall be sent out by ITU as
soon as possible after the end of this conference with the maximum period of [six] months for the
receipt of such payments;
4
that the effective date of the provisions and footnotes referred to in considering i) shall be
[1 May 2003];
5
that the application of cost recovery for satellite network filings shall be extended to include
all work by BR associated with the processing of filings for space radiocommunication services, not
already covered in resolves 2 above, concerning advance publication, and their associated requests
for coordination or agreement and notification (Article 9, Article 11, plus Resolutions 33 and 46 of
the Radio Regulations) and requests for modification of the space service plans contained in
Appendices 30, 30A and 30B to the Radio Regulations, received by BR after 21 October 2002,
instructs the Council, at its session during this conference
1
to modify Decision 482 to give effect to resolves 3 above;
2 to establish a [working] group, open to all administrations and to satellite network
operators which are Sector Members of the Radiocommunication Sector, in order to make
recommendations to the 2003 session of the Council on: the modifications to Decision 482 to
give effect to resolves 1 and resolves 5 above,further instructs the Council at its 2003 session
1
to review the methodology for the processing charges for satellite network filings to provide
for full recovery of all costs associated with the processing of such filings in accordance with the
current ITU full cost allocation methodology;
2
to implement, on the basis of the recommendations of the [working] group and as soon as
possible after the 2003 Council, processing charges for satellite network filings for those networks
identified in resolves 5 above;
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3
to establish the earliest date for the receipt of payments, this being as soon as possible after
the 2000 World Radiocommunication Conference (WRC-2000),
instructs the Director of BR
to send a reminder 60 days before the date referred to in resolves 4,
requests WRC-03
to consider whether, in the light of the Council decisions, any relevant amendments to the Radio
Regulations with respect to the procedures covered by resolves 3, 4 and 5 above may be necessary,
instructs the Secretary-General
to submit a report to the next plenipotentiary conference on the implementation and operation of
cost recovery for processing charges for satellite network filings.
__________
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