INTERNATIONAL TELECOMMUNICATION UNION Document C93/49-E 3 June 1993 Original: English COUNCIL GENEVA — 1993 SESSION — (JUNE-JULY) PLENARY MEETING (2-6) Report by the Secretary-General 1. Subject: 2. Purpose PARTICIPATION OF ENTITIES AND ORGANIZATIONS OTHER THAN ADMINISTRATIONS IN THE ACTIVITIES OF THE UNION Ref. doc. The purpose of this report is to assist Council in developing the criteria and procedures that should govern the participation of entities and organizations other than Administrations in the Union's activities. 3. Background APP - Resolution 4 - "instructs the Secretary-General " 4. Recommendation Council is invited to consider the recommended criteria and procedures for admitting new categories of "members" as well as recommendations related to the "rights and obligations" necessary to ensure effective participation of these "members". 5. Implications Resolution 4 instructs the Council to study, develop and agree on the criteria and procedures for CV 230 and CV 231 entities and organizations. Also, the Council is to make its other recommendations available to Members for comment. Pekka TARJANNE Secretary-General For reasons of economy, this document is printed in a limited number of copies. Participants are therefore kindly asked to bringtheir copies to the meeting since no others can be made available. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 -2C93/49-E Introduction "The central strategic challenge facing the ITU is to adapt an intergovernmental organization based on national sovereignty to the emerging requirements of the global information society, in which telecommunication is becoming the most important business activity, as well as remaining a key socio-economic infrastructure and an essential public service *." The APP recognized the need and importance of enhanced participation in ITU activities of entities and organizations who have an interest in telecommunications and subscribe to the purposes of the ITU. Telecommunication network operators, service providers and product suppliers are playing an increasingly important role in the work of the ITU. Business opportunities are expanding in both domestic and international telecommunication markets. The explosive growth potential of the telecommunications industry has proportionally increased the economic value of ITU products and services to non-governmental participants. To capture these benefits, the Members and other participants in the work of ITU sectors must ensure that the products and services provided effectively anticipate the needs of clients from both the public and private sector. Carrying out this mission in the complex telecommunications environment will require the ITU to become a more open organization, responsive to the needs of all partners of the telecommunications community. For many years, the "members" - recognized operating agencies, scientific and industrial organizations, and regional telecommunications organizations - have participated in the work of the ITU. The APP established new categories of participants and instructed the Council to develop criteria and procedures to govern the participation of these entities and organizations in Union activities. It also noted that the rights and obligations of the different categories of "non-Member" participants might be reviewed. If the ITU is to retain a leading role in the globalized, liberalized, competitive telecommunications environment of the future, it must enlarge its membership and enhance their participation. Involving new players and expanding its constituency to include "convergent" industries, as well as the user and operator communities becomes a basic challenge for the ITU of tomorrow. This will only be possible if the rights and obligations of this wider constituency are properly evaluated and enlarged in the interests of the organization and for the benefit of its membership. ______________ * Secretary-General's Report on ITU Strategic Policies and Plans to the 1993 Council (Document C93/30). CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 -3C93/49-E Participation of Entities and Organizations other than Administrations in the activities of the Union Reference is made to the APP-92 and its Resolution No. 4 which, inter alia, resolves that the provisions of Article 19 of the Convention shall be promptly implemented provisionally and so far as practicable. It is noted that the criteria and procedures for recognized operating agencies, scientific or industrial organizations and other organizations referred to in the Convention (CV 229) to participate in the Union, are already established (noting"a"). The Resolution instructs the Council 1. To study, develop and recommend the criteria and procedures (ref. to CV 234, CV 235, CV 241) that govern participation in Union activities by entities and organizations specified in CV 230 and CV 231 of the Convention. (The need of which is expressed in "noting "b"). 2. To make its recommendations to Members for comment. 3. To make its final recommendations to the Plenipotentiary Conference (Kyoto, 1994). Resolution No. 4 further instructs the Secretary-General to assist the Council in its study by preparing a report on relevant issues, together with recommendations and any other information the Council may request. The present Report on relevant issues is prepared in two parts and provides background information as well as other elements that the Council may wish to take account of in studying, developing and recommending criteria and procedures that would govern the participation in Union activities by Entities and Organizations specified in CV 230 and CV 231 of Article 19. Paragraphs 1 and 2 ( Part I ) interpret the provisions and suggest a possible course of action with respect to CV 234, CV 235 and CV 241, that the Council may wish to adopt at its current session. Paragraphs 3 and 4 ( Part II ) review the current rights and obligations and give suggestions relative to instructs the Council 2) and 3) which mainly concern the procedures and conditions not for admission, but for active participation of "members" throughout Sectors. This was the spirit of HLC Recommendation 5 and reference is made to noting "d" of Resolution 4. In addition, the Report draws attention to the need for studies of wider perspective that would streamline considerations by the Council on ITU continuous evolution. The results of such studies, which should be the subject of Council recommendations, will need to be discussed further during its next session with a view to presenting them to the Kyoto Plenipotentiary Conference, 1994. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 -4C93/49-E PART I 1 AUTHORIZATION TO PARTICIPATE IN ITU ACTIVITIES (Geneva Convention - Article 19 ) The provisions of Article 19 are aimed at clarifying the process of authorizing participation of entities and organizations other than Administrations. The SecretaryGeneral is requested to make the act of authorization for those referred to in CV 231, following the criteria and procedures as established by the Council, whereas for those entities in CV 230, it is the Council itself which has to review the conformity of their request with the procedures. The criteria and procedures to authorize the participation in accordance with CV 234 and CV 235 (namely to accept the entities CV 230 and CV 231 as members ) are still to be defined by the Council. TABLE 1 PARTICIPATION OF "members" (CV 238) CV 229 CV 230 CV 231 1) 1) 2) 2) YES YES YES YES YES 3) YES 3) YES 3) YES 3) WRC NO NO NO NO PP NO NO NO NO Admission Study Group (SG) RA, WTSC, WTDC* CV 236 * Also includes regional telecommunication development conferences. 1) Approval by Members 2) Conforms to Council procedure (CV 234 or CV 235) 3) CV 298 Art. 25 CV 229 CV 230 CV 231 CV 236 Recognized operating agencies, Scientific or industrial organizations and financial or development institutions which are approved by the Member concerned; Other entities dealing with telecommunication matters which are approved by the Member concerned; Regional and other international telecommunication, standardization, financial or development organizations; Any organization referred to in CV 260 regional telecommunication organizations mentioned in Article 43 of the Constitution; CV 261 intergovernmental organizations operating satellite systems; CV 262 the specialized agencies of the United Nations and the International Atomic Energy Agency. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 -5C93/49-E TABLE 2 THE MANNER TO BE FOLLOWED BY MEMBER, ENTITY OR ORGANIZATION IN PRESENTING ITS REQUEST Provision Entities CV233 CV229 CV234 CV230 CV235 CV231 except CV260 and CV261 CV236 CV260-CV261 Action requested Member 1) Council Criteria/procedure Council Criteria/procedure Member 2) Request to SG for action Request to SG for action SG makes list CV237 idem idem idem 1) Member's approval and request forwarded to SecGen. 2) Member submits the request with its approval for review by Council. CV 237 CV 238 CV 239 CV 240 CV 241 Defines the act of the S-G to compile and maintain the list of all entities and organizations that are authorized to participate in the work of each Sector. Defines the status of "members" of the Sectors of the Union, making reference to other "conditions"of their participation in the Sector (Art. 33, Art.25, Art. 3 (does not apply) and "other relevant provisions of the Convention"). Defines the different status of an ROA (to act on behalf of the Member in the activities of a sector (RA, WTSC, TDC), if/when Member has authorized. Right to denounce participation. Deletion from the list of "members". 2. CRITERIA AND PROCEDURES THAT THE COUNCIL IS RECOMMENDED TO ADOPT A. Criteria CV 234/230 A.1 The entity deals with telecom matters and is consonant with the purposes of the Union. A.2 The entity has its own "legal personality". A.3 The entity commits itself to: - A.4 support in general the purposes and basic activities of the Sector(s) of which it wants to become a "member"; follow the rules and procedures of the ITU specified in the CS/CV and other relevant resolutions and decisions of the ITU Conferences and Council; contribute to defraying the expenses of the Sector(s) concerned in accordance with the Union's rules thereon; accept the Secretary-General's action of deleting the entity from the list of "members" in accordance with the criteria and procedures established by the Council, if such a situation arises and in case the entity or the Member concerned should have denounced its participation. The entity's activities will not adversely affect the interests of the ITU. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 -6C93/49-E B. Criteria CV 235/231 B.1 The organization is a regional/international organization of its own right and does not fall into the category of CV 260 - CV 262 (see CV 236). B.2 The organization deals with telecommunication, standardization, financial or development matters. B.3 The organization commits itself to: - support in general the purposes and basic activities of the Sector(s) of which it wants to become a "member"; follow the rules and procedures of the ITU specified in the CS/CV and other relevant resolutions and decisions of the ITU Conferences and Council; contribute to defraying the expenses of the Sector(s) concerned in accordance with the Union's rules thereon; accept the Secretary-General's action of deleting the entity from the list of "members" in accordance with the criteria and procedures established by the Council, if such a situation arises and in case the entity or the Member concerned should have denounced its participation. B.4 The organization's activities do not adversely affect the interests of the ITU. X. Criteria CV 240 and CV 241 (denunciation and deletion) The Secretary-General may delete from the list of members: X.1 Any entity or organization which has denounced its participation (CV 240); X.2 Any entity or organization whose participation has been denounced by the Member concerned (CV 240); X.3 Any entity or organization which is late in the payment of its annual contribution for more than one (1) year or for any other debts to the Union; X.4 Any entity or organization the nature of which was changed as a result of a merger or change of its activities and consequently does not satisfy the criteria for authorization any more; X.5 Any entity or organization the action of which had, according to the Council's findings, a clear and significant adverse effect on the ITU's interests; X.6 Any entity or organization which violated the rules or procedures of the ITU, according to the Council's findings. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 -7C93/49-E AA Procedures CV 234/230 AA.1 Member forwards with its approval the request from the entity concerned. The request should include at least the following information: - name and identification of the entity; the nature and legal capacity of the entity, in particular a statement with justification that the entity is not covered by category CV 229; the manner in which the entity deals with telecommunication matters; the commitment of the entity signed by its Head in accordance with criterion A.3 . - The request should be accompanied by documents which certify the approval by the Member; AA.2 When this information is complete, the Secretary-General will enter the name of the entity in the list of "members" (CV 237) provisionally, subject to the formal approval by the Council. Members and the entity will be informed; AA.3 The Secretary-General reports to the Council the names of the entities which were provisionally included in the list concerned. The Council will review the request with respect to its conformity with the above procedure and confirm the action taken by the Secretary-General. Except in the case of AA.4 below, the authorization to participate will become final. AA.4 If the Council does not confirm the entry of the name of the entity in the list of "members", it shall instruct the Secretary-General on the further action to be taken. BB Procedures CV 235/231 BB.1 Any regional and other international organization directly submits the request to the Secretary - General. The request should include at least the following information: - - BB.2 name and identification of the organization; nature and legal capacity of organization, in particular statement with justification which clarifies that the entity is an international organization (e.g. copy of the agreement to establish the organization, description of the composition of the organization, etc.); the manner in which the organization deals with telecommunication, standardization, financial or development matters; the commitment of the organization signed by its Head in accordance with criteria B.3. The Secretary-General examines whether or not the request satisfies the criteria "B". BB.3 If the criteria are met, the Secretary-General will enter the name of the international organization in the list of "members". This organization will be notified of the inscription. BB.4 If the criteria are not met, the organization will be informed accordingly. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 -8C93/49-E BB.5 If any ambiguity exists regarding the meeting of criteria "B", the Secretary-General may submit the case to the Council for consideration and decision. XX. Procedures CV 240 and CV 241 (denunciation and deletion ) XX.1 The Secretary-General identifies those entities which fall under the criteria "X". XX.2 In the case of criteria X.3, the entity will be informed of its arrears towards the Union. If after six months from notification by the Secretary-General no action to remedy the situation by the entity has taken place, the Secretary-General shall delete the entity from the list and the entity shall be so informed. XX.3 In the case of criteria X.5 and X.6, the Secretary-General is authorized to suspend temporarily any rights and obligations of the entity concerned, pending the final decision of the Council. XX.4 The Secretary-General shall report the situation to the Council. PART II 3. RIGHTS AND OBLIGATIONS Following the current practice we may see that the "rights and obligations" in terms of effective participation of "members" in ITU activities, are not systematically treated. Furthermore, existing texts of the Constitution and Convention do not fully (or do not at all) define the conditions for "operational" participation of non-Members. This applies not only to CV 230 and CV 231 categories, but also to the CV 229 category. All three of them should be covered by the rules governing their participation in the future. These rules shall also cover any other nonMember participant. The Council may wish to consider the current practice as well as the suggestions for new rules governing the "rights and obligations" in considering the present report and in establishing the recommendations (instructs the Council 2) to be submitted for comment to the Members of the Union. 3.1 Participation It is understood that the "members" of the Sector are, on the one hand, entitled to participate in all the activities of the Sector unless it is otherwise stipulated in the provisions of the CS/CV. For the latter reason, the "members" are not entitled to participate in the work of the WRC, except that ROAs can be admitted at WRCs on the conditions specified in CV 280. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 -9C93/49-E 3.1.1 The "members" are, on the other hand, not entitled to participate in the work of the Plenipotentiary Conference except for those organisations in categories CV 259-262 which will be invited according to the Article 23 (CV 269) and will participate as observers. 3.1.2 The conditions for invitation and admission of "members" to participate in the Radiocommunication Assemblies, World Telecommunication Standardization Conferences and Telecommunication Development Conferences are defined in Art. 25 (CV 286 and CV 298). Recommendation : The "members" of a Sector shall be entitled to participate in all activities of the Sector as the provisions of CS/CV permit. 3.2 Access to Documents NSP* besides No. CV 249 in Article 20. Apart from the final report of the study groups, the relevant documents should also be made available to any "member" of the Sector concerned. The term "documents" denotes relevant material produced to ensure the continuity of the ongoing work of the Union such as circular-letters, reports, contributions to Study Groups, Radiocommunication Assemblies, conferences, and texts prepared for ITU conferences or meetings, etc. Recommendation: A "member" admitted to the work of a Sector is entitled to receive the documents relating to that Sector's Study Groups, in accordance with its requirements as communicated in writing under the procedures established by each Sector. It is also entitled to receive the documents relating to the conferences in which it may participate under the relevant provisions. N.B.: The definition of "documents" will be reproduced as a footnote to the rules, once established. 3.3 Proposal for the Agenda of the Conference NSP* except for UN (Article 3 of the UN/ITU Agreement). Current procedure for setting the Agendas is as follows: 3.3.1 Plenipotentiary Conferences ( CS 48 to CS 59 ) 3.3.2 World telecommunication standardization conferences ( CV 185 to CV 191) 3.3.3 Radiocommunication assemblies ( CV 129 to CV 136 ) 3.3.4 World radiocommunication conferences (and by analogy, world conferences on international telecommunications): Agenda is set by the Council with the agreement of a majority of the Members of the Union (Nos. CV 113, CV118 and CV 49); _______________ * No special provision. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 - 10 C93/49-E 3.3.5 Regional radiocommunication conferences: By the Council with the agreement of a majority of the Members of the region concerned (No. CV 138); 3.3.6 Telecommunication development conferences: Approved by the Council, having been prepared by the Director of the Bureau of the Sector and considered by the Co-ordination Committee (No. CV 213). Recommendation: In addition to Members, participants admitted to the Conferences may propose agenda items except in relation to the structure and functioning of the Union. Any proposal must be communicated as appropriate to the Secretary-General or the Director of the Bureau of the Sector concerned. It is then transmitted to the Council, as required. 3.4 Submission of proposals NSP* except for (CV 320) Article 30 For the current Telecommunication Standardization Study Groups and Working Parties, Resolution No. 1 (WTSC, Helsinki 1993) and Resolution 24-7 (CCIR, Dusseldorf 1990) lay down the rules for the submission and processing of contributions from administrations, recognized operating agencies, scientific or industrial organizations and international organizations registered with a Study Group or Working Party. The pattern would apply, as in the previous section, to all the Sectors or conferences of the Union. Recommendation : In addition to Members, participants admitted to the Conferences may submit proposals and contributions, except in relation to the structure and functioning of the Union. 3.5 Oral intervention NSP* Recommendation : In addition to Members, participants admitted to the Conferences should have the right to speak on any issue under discussion, except in relation to procedural matters. 3.6 Motion and points of order NSP* except Article 32 (e.g. CV 388, CV 389) The right to raise motions or points of order is a corollary of the right to vote (see 3.7 below). It is therefore restricted to Members . Recommendation : Only the Members shall have the right to make motions or raise points of order. _______________ * No special provision. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 - 11 C93/49-E 3.7 Right to vote Presently see Constitution CS 27( Article 3) Article 32 (CV 409) stipulates that the representatives of a Member's ROAs shall, as a whole, in the absence of that Member and if so authorized by it, be entitled to one vote at a radio assembly, a world telecommunication standardization conference or a development conference (RA, WTSC and TDC), subject to Article 19/CV 239 which provides, in respect of the Sectors, that an ROA may act on behalf of the Member which has recognized it and authorized it to do so; there is no specific provision to that effect in respect of other bodies and organizations, the right to vote being confined to Members in accordance with Article 3 (CS 27). It will belong to the Council in the framework of its future studies to study the possibilities of any extension of the right to vote to "members". For the time being, it is recalled that No. CV 238 of Art.19 precisely stipulates that the provisions of Art. 3 of the Constitution do not apply to "members". Recommendation : Only Members have the right to vote under the prevailing Constitutional and Conventional provisions. 3.8 Right to accept NSP* In considering the current procedure for adoption of Recommendations (see references in 3.4) as a mechanism for consultation and approval in the Telecommunication Standardization and the Radiocommunication Sector (in the period between two successive conferences or assemblies), it is noted that only a part of the working potential (only Members) is invited to participate in this process. It is recognized that the current provision, associated with the "right to vote" and the right to "approve or disapprove" , are limited to the Members of the Union. However, it should be in the Union's interest that equally active and creative participation of "members" in any of the two Sectors is properly accompanied by an appropriate right throughout the process of standard setting to which they are party. It is therefore appropriate to recognize the vital role of all participants and "members" in particular throughout the entire standardization process, which - if it is to remain attractive and efficient - justifies an expression of "members" opinions on the value of any Recommendation, as seen by them. Recommendation : In the framework of the consultation procedure where Members are invited to approve a Recommendation, the "members" should also be invited to express their opinion and thus give their acceptance of the Recommendations. This process should be implemented in parallel with the consultation procedure in the period between two conferences or assemblies or during the conferences or assemblies, when taking place. _______________ * No special provision. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 - 12 C93/49-E The Director of the Bureau concerned shall keep a record of the names of those "members" entities and organizations the acceptance of which has been sought on any particular Recommendation together with their reply thereto, and will publish it if required. As regards the summary records at conferences or assemblies, the same procedure should be applied to Members and other members. 3.9 Representation/Credentials Details concerning the representation of "members" are now explicitly covered by CV 339 which has been newly introduced by the APP at the end of Article 31 (Credentials for Conferences). The provisions of CV 361 of Art. 32 apply only to the delegations of Members of the Union, in the sense of the Definition No. 1005 of the Annex to the Constitution. Recommendation : For the time being, no additional provision is required. Any further refinement could be dealt with by the sectoral study groups and/or conferences. 3.10 Financial Contributions The relevant provisions are included in the Constitution (CS 159, CS 168, CS 170) and in Article 33 of the Convention. It is recalled that there are essentially no new approaches contained therein with respect to the traditional concept. - for participation in the work of a Sector (Article 33/CV 477), free choice of a class of contribution (CV 479), with the exception of the 1/4, 1/8 and 1/16 unit classes (save for the Development Sector). The amount of the unit is set in CV 480 (1/5 of the contributory unit of the Members of the Union); - for participation in conferences, namely, radio conferences, conferences on international telecommunications or conferences or assemblies of a Sector of which it is not a member (CV 478), free choice of a class of contribution (CV 479), with the exception of the 1/4, 1/8 and 1/16 unit classes (save for the Development Sector). The amount of the unit is set in CV 481. In the case of the United Nations, its specialized agencies, the IAEA and other international organizations referred to in Article 23 (CV 259 - CV 262) : - for participation in Plenipotentiary Conferences, World Conferences on International Telecommunications and the work of a Sector (Article 33/CV 476), unless they have been exempted by the Council, free choice of a class of contribution (CV 479), with the exception of the 1/4, 1/8 and 1/16 unit classes (save for the Development Sector). The amount of the unit is set in CV 480 for the Sector and in CV 481 for Radio Assemblies and Conferences. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16 - 13 C93/49-E Recommendation : The financial contributions policy needs special attention and close review, possibly with other interrelated issues. It will be necessary to return to this matter when questions relating to the ITU's policy, mission and future evolution will be further addressed. In particular, it will be necessary to review the provisions of Art. 33 of the Convention (CV 475 - CV 481) relative to the level of the contributory unit and its projection in the budget of the Sector concerned. 3.11 Suspension, exclusion and denunciation of participation NSP* concerning suspension and exclusion Only those provisions relating to the right to denounce participation in the work of the Sectors (Article 19/CV 240) and, with regard to the financial implications, the provisions of CV 483. Recommendation : The Secretary-General is entitled to act in conformity with Criteria "X" and Procedure "XX". 4. STUDIES THAT COUNCIL MAY WISH TO INITIATE WITH A VIEW TO FURTHER ENHANCE PARTICIPATION OF ENTITIES AND ORGANIZATIONS OTHER THAN MEMBERS Considering the changes of the roles of the administrations and the enhanced role of the entities and organizations in the telecommunication-related activities in general, the extensive studies on the future of the ITU should be initiated, in particular with respect to its membership, the objectives of the Union, decision-making mechanisms as well as other relevant issues. The Council may wish to raise the matter with the Plenipotentiary Conference (PPC) in Kyoto and to recommend that this PPC establishes concrete measures for the promotion of this very important strategic issue. ______________ _______________ * No special provision. CONSEIL\C93\DOC\49E.DOC 09.02.16 09.02.16