(Geneva, 17-18 July 1997) |
_________________________________________
Working Document 4A-E
17 July 1997
Original: English
Attached in clean and marked
up versions are draft revisions to Part I of Working Document
1 covering the Introduction, Preamble, Scope, Definitions and
General Principles of the GMPCS-MoU arrangements.
E.N. Olekambainei
Chairman
On 21-23 October 1996, the first ITU World Telecommunication Policy Forum (WTPF) met in Geneva to discuss "Global Mobile Personal Communications by Satellite" (GMPCS). That meeting was attended by 833 delegates, representing 128 Member States and 70 Sector Members. At that meeting, the WTPF engaged in a general discussion of the policy and regulatory issues raised by the early introduction of GMPCS services. By consensus, the WTPF adopted five Opinions, which are reflected in the Report by the Chairman of the WTPF (Final Report dated 22 December 1996).
Opinion No. 2 of the first WTPF called for Administrations to facilitate the early introduction of GMPCS services and to cooperate internationally in developing and harmonizing policies to facilitate the introduction of GMPCS. Opinion 2 also recognized that GMPCS System Operators will take steps to inhibit the use of their Systems in any country that has not authorized their GMPCS service.
Opinion No. 4 adopted by the WTPF recognized that, because some GMPCS systems are already in operation and others will be brought into operation as early as 1998, urgent action is needed to facilitate the global circulation and transborder roaming of terminals. Opinion No. 4 also recognized that the early introduction of GMPCS services will be facilitated by a commonly agreed upon GMPCS Memorandum of Understanding (MoU) to be used as a framework for arrangements to facilitate the global circulation and transborder roaming of GMPCS terminals.
On 14 February 1997, pursuant to Opinion No. 4, an informal group of Administrations, GMPCS operators, service providers, and manufacturers met and finalized the GMPCSMoU.
The GMPCS Arrangements that follow have been developed, pursuant to Opinion No. 4, by Administrations and/or competent authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and manufacturers of GMPCS terminals. The objective of these global Arrangements is to provide a framework for the introduction of GMPCS, including: (1) the permission to carry a terminal into a visited country and to use it, within the framework of a licensing scheme (i.e. without the need for obtaining individual authorization for the terminal in the visited country); (2) the permission to carry the terminal into a visited country but not to use it; and (3) the technical conditions for placing terminals on the market. Under the provisions of these Arrangements, the participants will be able to cooperate in the development of GMPCS to the benefit of users worldwide. This benefit will be fully realized when a significant number of Administrations and/or competent authorities offer necessary authorization for service provision and access to spectrum.
1. The sovereign right of each Administration to regulate its telecommunications, as reflected in the Constitution and Convention of the ITU, is not altered or affected by these Arrangements.
2. All Administrations and/or competent authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers are invited to implement these Arrangements. Implementation of these Arrangements or any of their provisions is voluntary and should be consistent with the principles of Opinion No. 2 of the WTPF.
3. It is the intention and understanding of all parties implementing these Arrangements that the Arrangements are consistent with and in furtherance of the MoU and of the voluntary principles adopted by the WTPF as contained in Opinion No. 2 and the relevant treaty provisions of the ITU legal instruments.
4. These Arrangements define significant conditions for:
a) Facilitation of mutual recognition of type approvals of GMPCS Terminals;
b) A simplified regime for the licensing of GMPCS Terminals;
d) Access to traffic data by authorized national authorities.
5. Pursuant to Article 4 of the GMPCS-MoU, a recommendation on the principles for customs procedures to facilitate unrestricted transborder movement of GMPCS terminals is also included.
Unless otherwise indicated, the terms listed below will have the following meanings for purposes of the Arrangements and Recommendations herein:
1. Administration - Any governmental department or service responsible for implementing these arrangements.
2. Circulation - Ability to carry a GMPCS Terminal into a visited country. In these Arrangements, circulation includes:
a. Permission to carry a terminal into a visited country and to use it within the framework of a licensing scheme (i.e., without the need for obtaining individual authorization for the terminal in the visited country); and
3. Competent Authority - Any organization competent for regulatory issues addressed in these Arrangements.
4. Constellation of satellites - One or more satellites, geostationary or non-geostationary, operated as a system.
5. GMPCS Service Provider - Any entity commissioned by a GMPCS System Operator to provide GMPCS services to the public within a country and which may require an authorization to do so under the applicable legislation of the country concerned.
6. GMPCS System Operator - The entity responsible for the operation of a GMPCS System.
7. GMPCS System - Any satellite system (i.e., fixed or mobile, broadband or narrowband, global or regional, existing or planned) providing telecommunication services directly to end users from a constellation of satellites.
8. GMPCS Terminal - A user terminal intended to be operated with a GMPCS System.
10. Licensing - The issuance of a license or other authorization by an Administration and/or competent authority in conformity with the national laws and regulations of that country and the ITU Radio Regulations.
11. Sector Member - An entity or organization authorized to participate in the work of one or more Sector(s) of the ITU in conformity with the relevant provisions of the ITU Convention.
12. Type Approval - The process
through which the conformity of GMPCS Terminals with regulatory
technical requirements is assessed. These technical requirements
are mainly intended to ensure that GMPCS Terminals do not harm
networks, GMPCS users, other users, or other equipment. A variety
of procedures (ranging from obligatory third party testing to
manufacturer's declaration) may be in place.
The Administrations and/or competent authorities ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers implementing this Arrangement understand and recognize that:
1. A variety of GMPCS Systems are at different stages of development and implementation, including some already in service.
2. The GMPCS Systems provide or will provide global and/or regional coverage.
3. GMPCS Systems will typically be characterized by the use of system specific GMPCS Terminals, manufactured by GMPCS Terminal Manufacturers and designed to be operated around the world with specific GMPCS Systems.
4. The bringing into operation of new GMPCS Systems is subject to satisfactory progress of frequency coordination in accordance with the procedures established by the ITU Radio Regulations.
5. The use of the spectrum for GMPCS Systems will be in accordance with the allocations of the ITU Radio Regulations and will be assigned by Administrations and/or competent authorities for GMPCS Terminals in GMPCS Systems.
6. Because Administrations and/or competent authorities have various type approval procedures under differing legal regimes, it will not be possible to arrive at a single procedure in the short term; however, it is desirable for Administrations and/or competent authorities to mutually recognize type approval and marking procedures for GMPCS Terminals.
7. It is desirable for Administrations and/or competent authorities to continue to strive for a single procedure for type approval.
8. The exemption of GMPCS Terminals from a requirement for an individual license facilitates regional and global circulation and transborder roaming.
9. Agreements between GMPCS System Operators, GMPCS Service Providers, and Administrations will likely specify data exchange requirements to service customers properly and to comply with Administrations' regulatory requirements.
10. Existing and planned GMPCS Systems technically will vary in the level of detail of information captured by the System.
11. GMPCS System Operators and GMPCS Service Providers are subject to the national laws and regulations in each country in which GMPCS Services are being provided.
12. Customer specific information must be protected by GMPCS System Operators and GMPCS Service Providers as highly private and confidential information.
13. Each GMPCS System Operator shall
take steps to inhibit the use of its system in any country that
has not authorized its GMPCS service.
On 21-23 October 1996, the first ITU World Telecommunication Policy Forum (WTPF) met in Geneva to discuss "Global Mobile Personal Communications by Satellite" (GMPCS). That meeting was attended by 833 delegates, representing 128 Member States and 70 Sector Members. At that meeting, the WTPF engaged in a general discussion of the policy and regulatory issues raised by the early introduction of GMPCS services. By consensus, the WTPF adopted five Opinions, which are reflected in the Report by the Chairman of the WTPF (Final Report dated 22 December 1996).
Opinion No. 2 of the first WTPF called for Administrations to facilitate the early introduction of GMPCS services and to cooperate internationally in developing and harmonizing policies to facilitate the introduction of GMPCS. Opinion 2 also recognized that GMPCS System Operators will take steps to inhibit the use of their Systems in any country that has not authorized their GMPCS service.
Opinion No. 4 adopted by the WTPF recognized that, because some GMPCS systems are already in operation and others will be brought into operation as early as 1998, urgent action is needed to facilitate the global circulation and transborder roaming of terminals. Opinion No. 4 also recognized that the early introduction of GMPCS services will be facilitated by a commonly agreed upon GMPCS Memorandum of Understanding (MoU) to be used as a framework for arrangements to facilitate the global circulation and transborder roaming of GMPCS terminals.
On 14 February 1997, pursuant to Opinion No. 4, an informal group of Administrations, GMPCS operators, service providers, and manufacturers met and finalized the GMPCSMoU.
The GMPCS Arrangements that follow
have been developed, pursuant to Opinion No. 4, by Administrations
and/or competent authorities, ITU Sector Members, GMPCS System
Operators, GMPCS Service Providers, and manufacturers of GMPCS
terminals. The objective of these global Arrangements is to provide
a framework for the introduction of GMPCS, including: (1) the
permission to carry a terminal into a visited country and to use
it, within the framework of a licensing scheme (i.e. without the
need for obtaining individual authorization for the terminal in
the visited country); (2) the permission to carry the terminal
into a visited country but not to use it; and (3) the technical
conditions for placing terminals on the market. Under the provisions
of these Arrangements, the participants will be able to cooperate
in the development of GMPCS to the benefit of users worldwide.
This benefit will be fully realized when a significant number
of Administrations and/or competent authorities offer necessary
authorization for service provision and access to spectrum.
SCOPE OF THESE ARRANGEMENTS
1. The sovereign right of each Administration to regulate its telecommunications, as reflected in the Constitution and Convention of the ITU, is not altered or affected by these Arrangements.
2. All Administrations and/or competent authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers are invited to implement these Arrangements. Implementation of these Arrangements or any of their provisions is voluntary and should be consistent with the principles of Opinion No. 2 of the WTPF.
3. It is the intention and understanding
of all parties implementing these Arrangements that the Arrangements
are consistent with and in furtherance of the MoU and of the voluntary
principles adopted by the WTPF as contained in Opinion No. 2 and
the relevant treaty provisions of the ITU legal instruments.
4. These Arrangements define significant
conditions for:
a) Facilitation of mutual recognition of type approvals of GMPCS Terminals;
b) A simplified regime for the licensing of GMPCS Terminals;
d) Access to traffic data by authorized national authorities.
5. Pursuant to Article 4 of the GMPCS-MoU, a recommendation on the principles for customs procedures to facilitate unrestricted transborder movement of GMPCS terminals is also included.
Unless otherwise indicated, the terms listed below will have the following meanings for purposes of the Arrangements and Recommendations herein:
1. Administration - Any governmental department or service responsible for implementing these arrangements.
2. Circulation - Ability to carry a GMPCS Terminal into a visited country. In these Arrangements, circulation includes:
a. Permission to carry a terminal into a visited country and to use it within the framework of a licensing scheme (i.e., without the need for obtaining individual authorization for the terminal in the visited country); and
3. Competent Authority - Any organization competent for regulatory issues addressed in these Arrangements.
4.. Constellation of satellites - One or more satellites, geostationary or non-geostationary, operated as a system.
5. GMPCS Service Provider - Any entity commissioned by a GMPCS System Operator to provide GMPCS services to the public within a country and which may require an authorization to do so under the applicable legislation of the country concerned.
6. GMPCS System Operator - The entity responsible for the operation of a GMPCS System.
7. GMPCS System - Any satellite system (i.e., fixed or mobile, broadband or narrowband, global or regional, existing or planned) providing telecommunication services directly to end users from a constellation of satellites.
8. GMPCS Terminal - A user
terminal intended to be operated with a GMPCS System.
10. Licensing - The issuance of a license or other authorization by an Administration and/or competent authority in conformity with the national laws and regulations of that country and the ITU Radio Regulations.
11. Sector Member - An entity or organization authorized to participate in the work of one or more Sector(s) of the ITU in conformity with the relevant provisions of the ITU Convention.
12. Type Approval - The process through which the conformity of GMPCS Terminals with regulatory technical requirements is assessed. These technical requirements are mainly intended to ensure that GMPCS Terminals do not harm networks, GMPCS users, other users, or other equipment. A variety of procedures (ranging from obligatory third party testing to manufacturer's declaration) may be in place.
1. A variety of GMPCS Systems are at different stages of development and implementation, including some already in service.
2. The GMPCS Systems provide or will provide global and/or regional coverage.
3. GMPCS Systems will typically be characterized by the use of system specific GMPCS Terminals, manufactured by GMPCS Terminal Manufacturers and designed to be operated around the world with specific GMPCS Systems.
4. The bringing into operation of new GMPCS Systems is subject to satisfactory progress of frequency coordination in accordance with the procedures established by the ITU Radio Regulations.
5. The use of the spectrum for GMPCS
Systems will be in accordance with the allocations of the ITU
Radio Regulations and will be assigned by Administrations and/or
competent authorities for GMPCS Terminals in GMPCS Systems.
6. Because Administrations and/or competent authorities have various type approval procedures under differing legal regimes, it will not be possible to arrive at a single procedure in the short term; however, it is desirable for Administrations and/or competent authorities to mutually recognize type approval and marking procedures for GMPCS Terminals.
7. It is desirable for Administrations and/or competent authorities to continue to strive for a single procedure for type approval.
8. The exemption of GMPCS Terminals from a requirement for an individual license facilitates regional and global circulation and transborder roaming.
9. Agreements between GMPCS System Operators, GMPCS Service Providers, and Administrations will likely specify data exchange requirements to service customers properly and to comply with Administrations' regulatory requirements.
10. Existing and planned GMPCS Systems technically will vary in the level of detail of information captured by the System.
11. GMPCS System Operators and GMPCS Service Providers are subject to the national laws and regulations in each country in which GMPCS Services are being provided.
12. Customer specific information must be protected by GMPCS System Operators and GMPCS Service Providers as highly private and confidential information.
13. Each GMPCS System Operator shall
take steps to inhibit the use of its system in any country that
has not authorized its GMPCS service.