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Convention Of The International Telecommunication Union. Publicēts oficiālajā laikrakstā "Latvijas Vēstnesis", 21.03.2001., Nr. 46 https://www.vestnesis.lv/ta/id/5581
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Convention Of The International Telecommunication Union
Geneva, 22 December 1992*
* with amendments adopted by the Plenipotentiary Conferences (Kyoto, 1994 and Minneapolis, 1998) and entered into force since 1 January 2000
| Chapter I | ||
| FUNCTIONING OF THE UNION | ||
| Section 1 | ||
| Article 1 | ||
| Plenipotentiary Conference | ||
| 1 | 1. (1) The Plenipotentiary Conference shall be convened in accordance with the relevant provisions of Article 8 of the Constitution of the International Telecommunication Union (hereinafter referred to as "the Constitution"). | |
| 2 | (2) If practicable, the precise place and the exact dates of a plenipotentiary conference shall be set by the preceding plenipotentiary conference; failing this, they shall be fixed by the Council with the concurrence of the majority of the Member States. | |
| 3 | 2. (1) The precise place and the exact dates of the next Plenipotentiary Conference, or either one of these, may be changed: | |
| 4 | a) when at least one-quarter of the Member States have individually proposed a change to the Secretary-General; or | |
| 5 | b) on a proposal of the Council. | |
| 6 | (2) Any such change shall require the concurrence of a majority of the Member States. | |
| Article 2 | ||
| Elections and Related Matters | ||
| The Council | ||
| 7 | 1. Except in the case of vacancies arising in the circumstances described in Nos. 10 to 12 below, the Member States elected to the Council shall hold office until the date on which a new Council is elected. They shall be eligible for reelection. | |
| 8 | 2. (1) If, between two plenipotentiary conferences, a seat becomes vacant on the Council, it shall pass by right to the Member State from the same region as the Member State whose seat is vacated which had obtained at the previous election the largest number of votes among those not elected. | |
| 9 | (2) When for any reason a vacant seat cannot be filled according to the procedure of No. 8 above, the Chairman of the Council shall invite the other Member States of the region to seek election within one month of such an invitation being issued. At the end of this period, the Chairman of the Council shall invite Member States to elect a new Member State of the Council. The election shall be carried out by secret ballot by correspondence. The same majority as indicated above will be required. The new Member State of the Council shall hold office until the election of the new Council by the next competent plenipotentiary conference. | |
| 10 | 3. A seat on the Council shall be considered vacant: | |
| 11 | a) when a Council Member does not have a representative in attendance at two consecutive ordinary sessions of the Council; | |
| 12 | b) when a Member State resigns its membership of the Council. | |
| Elected officials | ||
| 13 | 1. The Secretary-General, the Deputy Secretary-General and the Directors of the Bureaux shall take up their duties on the dates determined by the Plenipotentiary Conference at the time of their election. They shall normally remain in office until dates determined by the following Plenipotentiary Conference, and they shall be eligible for re-election once only. | |
| 14 | 2. If the post of Secretary-General falls vacant, the Deputy Secretary-General shall succeed to it and shall remain in office until a date determined by the following Plenipotentiary Conference. When under these conditions the Deputy Secretary-General succeeds to the office of the Secretary-General, the post of Deputy Secretary-General shall be considered to fall vacant on that same date and the provisions of No. 15 below shall be applied. | |
| 15 | 3. If the post of Deputy Secretary-General falls vacant more than 180 days prior to the date set for the convening of the next Plenipotentiary Conference, the Council shall appoint a successor for the balance of the term. | |
| 16 | 4. If the posts of the Secretary-General and the Deputy Secretary- General fall vacant simultaneously, the Director who has been longest in office shall discharge the duties of Secretary-General for a period not exceeding 90 days. The Council shall appoint a Secretary-General and, if the vacancies occur more than 180 days prior to the date set for the convening of the next Plenipotentiary Conference, a Deputy Secretary-General. An official thus appointed by the Council shall serve for the balance of the term for which his predecessor was elected. | |
| 17 | 5. If the post of a Director becomes unexpectedly vacant, the Secretary-General shall take the necessary steps to ensure that the duties of that Director are carried out until the Council shall appoint a new Director at its next ordinary session following the occurrence of such a vacancy. A Director so appointed shall serve until the date fixed by the next Plenipotentiary Conference. | |
| 18 | 6. Subject to the relevant provisions of Article 27 of the Constitution, the Council shall provide for the filling of any vacancy in the post of Secretary-General or Deputy Secretary-General in the situation described in the relevant provisions of the present Article at an ordinary session, if held within 90 days after a vacancy occurs, or at a session convened by the Chairman within the periods specified in those provisions. | |
| 19 | 7. Any period of service in the post of an elected official pursuant to an appointment under Nos. 14 to 18 above shall not affect eligibility for election or re-election to such a post. | |
| Members of the Radio Regulations Board | ||
| 20 | 1. The members of the Radio Regulations Board shall take up their duties on the dates determined by the Plenipotentiary Conference at the time of their election. They shall remain in office until dates determined by the following Plenipotentiary Conference, and shall be eligible for re-election once only. | |
| 21 | 2. If, in the interval between two Plenipotentiary Conferences, a member of the Board resigns or is no longer in a position to perform his duties, the Secretary-General, in consultation with the Director of the Radiocommunication Bureau, shall invite the Members of the Union of the region concerned to propose candidates for the election of a replacement at the next session of the Council. However, if the vacancy occurs more than 90 days before a session of the Council or after the session of the Council preceding the next Plenipotentiary Conference, the Member of the Union concerned shall designate, as soon as possible and within 90 days, another national as a replacement who will remain in office until the new member elected by the Council takes office or until the new members of the Board elected by the next Plenipotentiary Conference take office, as appropriate. The replacement shall be eligible for election by the Council or by the Plenipotentiary Conference, as appropriate. | |
| 22 | 3. A member of the Radio Regulations Board is considered no longer in a position to perform his duties after repeated consecutive absences from the Board meetings. The Secretary-General shall, after consultation with the Board's Chairman as well as the member of the Board and the Member of the Union concerned, declare existence of a vacancy in the Board and shall proceed as stipulated in No. 21 above. | |
| Article 3 | ||
| Other Conferences | ||
| 23 | 1. In conformity with the relevant provisions of the Constitution, the following world conferences and assemblies of the Union shall normally be convened within the period between two plenipotentiary conferences: | |
| 24 | a) one or two world radiocommunication conferences; | |
| 25 | b) one world telecommunication standardization assembly; | |
| 26 | c) one world telecommunication development conference; | |
| 27 | d) one or two radiocommunication assemblies. | |
| 28 | 2. Exceptionally, within the period between Plenipotentiary Conferences: | |
| 29 | deleted. | |
| 30 | - an additional world telecommunication standardization assembly may be convened. | |
| 31 | 3. These actions shall be taken: | |
| 32 | a) by a decision of a Plenipotentiary Conference; | |
| 33 | b) on the recommendation of the previous world conference or assembly of the Sector concerned, if approved by the Council; in the case of a radiocommunication assembly, the recommendation of the assembly shall be transmitted to the following world radiocommunication conference for comments for the attention of the Council; | |
| 34 | c) at the request of at least one-quarter of the Member States, which shall individually address their requests to the Secretary-General; or | |
| 35 | d) on a proposal of the Council. | |
| 36 | 4. A regional radiocommunication conference shall be convened: | |
| 37 | a) by a decision of a Plenipotentiary Conference; | |
| 38 | b) on the recommendation of a previous world or regional radiocommunication conference if approved by the Council; | |
| 39 | c) at the request of at least one-quarter of the Member States belonging to the region concerned, which shall individually address their requests to the Secretary-General; or | |
| 40 | d) on a proposal of the Council. | |
| 41 | 5. (1) The precise place and the exact dates of a world or regional conference or an assembly of a Sector may be fixed by a plenipotentiary conference. | |
| 42 | (2) In the absence of such a decision, the Council shall determine the precise place and the exact dates of a world conference or an assembly of a Sector with the concurrence of a majority of the Member States, and of a regional conference with the concurrence of a majority of the Member States belonging to the region concerned; in both cases the provisions of No. 47 below shall apply. | |
| 43 | 6. (1) The precise place and the exact dates of a conference or assembly may be changed: | |
| 44 | a) at the request of at least one-quarter of the Member States in the case of a world conference or an assembly of a Sector, or of at least one-quarter of the Member States belonging to the region concerned in the case of a regional conference. Their requests shall be addressed individually to the Secretary-General, who shall transmit them to the Council for approval; or | |
| 45 | b) on a proposal of the Council. | |
| 46 | (2) In the cases specified in Nos. 44 and 45 above, the changes proposed shall not be finally adopted until accepted by a majority of the Member States, in the case of a world conference or an assembly of a Sector, or by a majority of the Member States belonging to the region concerned, in the case of a regional conference, subject to the provisions of No. 47 below. | |
| 47 | 7. In the consultations referred to in Nos. 42, 46, 118, 123, 138, 302, 304, 305, 307 and 312 of this Convention, Member States which have not replied within the time-limits specified by the Council shall be regarded as not participating in the consultations, and in consequence shall not be taken into account in computing the majority. If the number of replies does not exceed one-half of the Member States consulted, a further consultation shall take place, the results of which shall be decisive regardless of the number of votes cast. | |
| 48 | 8. (1) World conferences on international telecommunications shall be held upon decision by the Plenipotentiary Conference. | |
| 49 | (2) The provisions for the convening of, the adoption of the agenda of, and the participation in a world radiocommunication conference shall, as appropriate, equally apply to world conferences on international telecommunications. | |
| Section 2 | ||
| Article 4 | ||
| The Council | ||
| 50 | 1. (1) The number of Member States of the Council shall be determined by the Plenipotentiary Conference which is held every four years. | |
| 50a | (2) This number shall not exceed 25% of the total number of Member States. | |
| 51 | 2. (1) The Council shall hold an ordinary session annually at the seat of the Union. | |
| 52 | (2) During this session it may decide to hold, exceptionally, an additional session. | |
| 53 | (3) Between ordinary sessions, it may be convened, as a general rule at the seat of the Union, by the Chairman at the request of a majority of its Member States, or on the initiative of the Chairman under the conditions provided for in No. 18 of this Convention. | |
| 54 | 3. The Council shall take decisions only in session. Exceptionally, the Council in session may agree that any specific issue shall be decided by correspondence. | |
| 55 | 4. At the beginning of each ordinary session, the Council shall elect its own Chairman and Vice-Chairman from among the representatives of its Member States, taking into account the principle of rotation between the regions. They shall serve until the opening of the next ordinary session and shall not be eligible for re-election. The Vice-Chairman shall serve as Chairman in the absence of the latter. | |
| 56 | 5. The person appointed to serve on the Council by a Member State of the Council shall, so far as possible, be an official serving in, or directly responsible to, or for, their telecommunication administration and qualified in the field of telecommunication services. | |
| 57 | 6. Only the travelling, subsistence and insurance expenses incurred by the representative of each Member State of the Council in that capacity at Council sessions shall be borne by the Union. | |
| 58 | 7. The representative of each Member State of the Council shall have the right to attend, as an observer, all meetings of the Sectors of the Union. | |
| 59 | 8. The Secretary-General shall act as Secretary of the Council. | |
| 60 | 9. The Secretary-General, the Deputy Secretary-General and the Directors of the Bureaux may participate as of right in the deliberations of the Council, but without taking part in the voting. Nevertheless, the Council may hold meetings confined to the representatives of its Member States. | |
| 60a | 9bis. A Member State which is not a Member State of the Council may, with prior notice to the Secretary-General, send one observer at its own expense to meetings of the Council, its committees and its working groups. An observer shall not have the right to vote or address the meeting. | |
| 61 | 10. The Council shall consider each year the report prepared by the Secretary-General on implementation of the strategic plan adopted by the Plenipotentiary Conference and shall take appropriate action. | |
| 62 | 11. The Council shall, in the interval between two Plenipotentiary Conferences, supervise the overall management and administration of the Union; it shall in particular: | |
| 63 | (1) approve and revise the Staff Regulations and the Financial Regulations of the Union and any other regulations as it may consider necessary, taking account of current practice of the United Nations and of the specialized agencies applying the common system of pay, allowances and pensions; | |
| 64 | (2) adjust as necessary: | |
| 65 | a) the basic salary scales for staff in the professional and higher categories, excluding the salaries for posts filled by election, to accord with any changes in the basic salary scales adopted by the United Nations for the corresponding common system categories; | |
| 66 | b) the basic salary scales for staff in the general services categories to accord with changes in the rates applied by the United Nations and the specialized agencies at the seat of the Union; | |
| 67 | c) the post adjustment for professional and higher categories, including posts filled by election, in accordance with decisions of the United Nations for application at the seat of the Union; | |
| 68 | d) the allowances for all staff of the Union, in accordance with any changes adopted in the United Nations common system; | |
| 69 | (3) take decisions to ensure equitable geographical distribution and representation of women in the Professional and higher categories in the staff of the Union and monitor the implementation of such decisions; | |
| 70 | (4) decide on proposals for major organizational changes within the General Secretariat and the Bureaux of the Sectors of the Union consistent with the Constitution and this Convention, submitted to it by the Secretary-General following their consideration by the Coordination Committee; | |
| 71 | (5) examine and decide on plans concerning Union posts and staff and human resources development programmes covering several years, and give guidelines for the staffing of the Union, including on staffing levels and structures, taking into account the guidelines given by the Plenipotentiary Conference and the relevant provisions of Article 27 of the Constitution; | |
| 72 | (6) adjust, as necessary, the contributions payable by the Union and its staff to the United Nations Joint Staff Pension Fund, in accordance with the Fund's rules and regulations, as well as the cost of living allowances to be granted to beneficiaries of the Union Staff Superannuation and Benevolent Funds on the basis of the practice followed by the Fund; | |
| 73 | (7) review and approve the biennial budget of the Union, and consider the budget forecast for the two-year period following that budget, taking account of the decisions of the Plenipotentiary Conference in relation to No. 50 of the Constitution and of the financial limits set by the Plenipotentiary Conference in accordance with No. 51 of the Constitution; it shall ensure the strictest possible economy but be mindful of the obligation upon the Union to achieve satisfactory results as expeditiously as possible. In so doing, the Council shall take into account the views of the Coordination Committee as contained in the report by the Secretary-General mentioned in No. 86 and the financial operating report mentioned in No. 101 of this Convention; | |
| 74 | (8) arrange for the annual audit of the accounts of the Union prepared by the Secretary-General and approve them, if appropriate, for submission to the next Plenipotentiary Conference; | |
| 75 | (9) arrange for the convening of the conferences and assemblies of the Union and provide, with the consent of a majority of the Member States in the case of a world conference or assembly, or of a majority of the Member States belonging to the region concerned in the case of a regional conference, appropriate directives to the General Secretariat and the Sectors of the Union with regard to their technical and other assistance in the preparation for and organization of conferences and assemblies; | |
| 76 | (10) take decisions in relation to No. 28 of this Convention; | |
| 77 | (11) decide upon the implementation of any decisions which have been taken by conferences and which have financial implications; | |
| 78 | (12) to the extent permitted by the Constitution, this Convention and the Administrative Regulations, take any other action deemed necessary for the proper functioning of the Union; | |
| 79 | (13) take any necessary steps, with the agreement of a majority of the Member States, provisionally to resolve questions not covered by the Constitution, this Convention, the Administrative Regulations and their annexes and which cannot await the next competent conference for settlement; | |
| 80 | (14) be responsible for effecting the coordination with all international organizations referred to in Articles 49 and 50 of the Constitution and to this end, conclude, on behalf of the Union, provisional agreements with the international organizations referred to in Article 50 of the Constitution, and with the United Nations in application of the Agreement between the United Nations and the International Telecommunication Union; these provisional agreements shall be submitted to the next Plenipotentiary Conference in accordance with the relevant provision of Article 8 of the Constitution; | |
| 81 | (15) send to Member States, as soon as possible after each of its sessions, summary records on the activities of the Council and other documents deemed useful; | |
| 82 | (16) submit to the Plenipotentiary Conference a report on the activities of the Union since the previous Plenipotentiary Conference and any appropriate recommendations. | |
| Section 3 | ||
| Article 5 | ||
| General Secretariat | ||
| 83 | 1. The Secretary-General shall: | |
| 84 | a) be responsible for the overall management of the Union's resources; he may delegate the management of part of these resources to the Deputy Secretary-General and the Directors of the Bureaux, in consultation as necessary with the Coordination Committee; | |
| 85 | b) coordinate the activities of the General Secretariat and the Sectors of the Union, taking into account the views of the Coordination Committee, with a view to assuring the most effective and economical use of the resources of the Union; | |
| 86 | c) prepare, with the assistance of the Coordination Committee, and submit to the Council a report indicating changes in the telecommunication environment since the last plenipotentiary conference and containing recommended action relating to the Union's future policies and strategy, together with their financial implications; | |
| 86a | cbis) co-ordinate implementation of the strategic plan adopted by the Plenipotentiary Conference and prepare an annual report on this implementation for review by the Council; | |
| 87 | d) organize the work of the General Secretariat and appoint the staff of that Secretariat in accordance with the directives of the Plenipotentiary Conference and the rules established by the Council; | |
| 87a | dbis) prepare an annual operational plan and financial plan of activities to be undertaken by the staff of the General Secretariat in support of the strategic plan, to be reviewed by Council. | |
| 88 | e) undertake administrative arrangements for the Bureaux of the Sectors of the Union and appoint their staff on the basis of the choice and proposals of the Director of the Bureau concerned, although the final decision for appointment or dismissal shall rest with the Secretary-General; | |
| 89 | f) report to the Council any decisions taken by the United Nations and the specialized agencies which affect common system conditions of service, allowances and pensions; | |
| 90 | g) ensure the application of any regulations adopted by the Council; | |
| 91 | h) provide legal advice to the Union; | |
| 92 | i) supervise, for administrative management purposes, the staff of the Union with a view to assuring the most effective use of personnel and the application of the common system conditions of employment for the staff of the Union. The staff appointed to assist directly the Directors of the Bureaux shall be under the administrative control of the Secretary-General and shall work under the direct orders of the Directors concerned but in accordance with administrative guidelines given by the Council; | |
| 93 | j) in the interest of the Union as a whole and in consultation with the Directors of the Bureaux concerned, temporarily reassign staff members from their appointed position as necessary to meet fluctuating work requirements at headquarters; | |
| 94 | k) make, in agreement with the Director of the Bureau concerned, the necessary administrative and financial arrangements for the conferences and meetings of each Sector; | |
| 95 | l) taking into account the responsibilities of the Sectors, undertake appropriate secretariat work preparatory to and following conferences of the Union; | |
| 96 | m) prepare recommendations for the first meeting of the Heads of delegations referred to in No. 342 of this Convention, taking into account the results of any regional consultation; | |
| 97 | n) provide, where appropriate in cooperation with the inviting government, the secretariat of conferences of the Union, and provide the facilities and services for meetings of the Union, in collaboration, as appropriate, with the Director concerned, drawing from Union's staff as he deems necessary in accordance with No. 93 above. The Secretary-General may also, when so requested, provide the secretariat of other telecommunication meetings on a contractual basis; | |
| 98 | o) take necessary action for the timely publication and distribution of service documents, information bulletins, and other documents and records prepared by the General Secretariat and the Sectors, communicated to the Union or whose publication is requested by conferences or the Council; the list of documents to be published shall be maintained by the Council, following consultation with the conference concerned, with respect to service documents and other documents whose publication is requested by conferences; | |
| 99 | p) publish periodically, with the help of information put at his disposal or which he may collect, including that which he may obtain from other international organizations, a journal of general information and documentation concerning telecommunication; | |
| 100 | q) after consultation with the Coordination Committee and making all possible economies, prepare and submit to the Council a biennial draft budget covering the expenditures of the Union, taking account of the financial limits laid down by the Plenipotentiary Conference. This draft shall consist of a consolidated budget, including cost-based budgets for the three Sectors, prepared in accordance with the budget guidelines issued by the Secretary-General, and comprising two versions. One version shall be for zero growth of the contributory unit, the other for a growth less than or equal to any limit fixed by the Plenipotentiary Conference, after any drawing on the Reserve Account. The budget resolution, after approval by the Council, shall be sent for information to all Member States; | |
| 101 | r) with the assistance of the Coordination Committee, prepare an annual financial operating report in accordance with the Financial Regulations and submit it to the Council. A recapitulative financial operating report and accounts shall be prepared and submitted to the next Plenipotentiary Conference for examination and final approval; | |
| 102 | s) with the assistance of the Coordination Committee, prepare an annual report on the activities of the Union which, after approval by the Council, shall be sent to all Member States; | |
| 102a | sbis) manage the special arrangements referred to in No. 76A of the Constitution, the cost of this management being borne by the signatories of the arrangement in a manner agreed between them and the Secretary-General. | |
| 103 | t) perform all other secretarial functions of the Union; | |
| 104 | u) perform any other functions entrusted to him by the Council. | |
| 105 | 2. The Secretary-General or the Deputy Secretary-General may participate, in a consultative capacity, in conferences of the Union; the Secretary-General or his representative may participate in a consultative capacity in all other meetings of the Union. | |
| Section 4 | ||
| Article 6 | ||
| Coordination Committee | ||
| 106 | 1. (1) The Coordination Committee shall assist and advise the Secretary-General on all matters mentioned under the relevant provisions of Article 26 of the Constitution and the relevant Articles of this Convention. | |
| 107 | (2) The Committee shall be responsible for ensuring coordination with all the international organizations mentioned in Articles 49 and 50 of the Constitution as regards representation of the Union at conferences of such organizations. | |
| 108 | (3) The Committee shall examine the progress of the work of the Union and assist the Secretary-General in the preparation of the report referred to in No. 86 of this Convention for submission to the Council. | |
| 109 | 2. The Committee shall endeavour to reach conclusions unanimously. In the absence of the support of the majority in the Committee, its Chairman may in exceptional circumstances take decisions, on the Chairman's own responsibility, when judging that the decision of the matters in question is urgent and cannot await the next session of the Council. In such circumstances the Chairman shall report promptly in writing on such matters to the Member States of the Council, setting forth the reasons for such action together with any other written views submitted by other members of the Committee. If in such circumstances the matters are not urgent, but nevertheless important, they shall be submitted for consideration by the next session of the Council. | |
| 110 | 3. The Chairman shall convene the Committee at least once a month; the Committee may also be convened when necessary at the request of two of its members. | |
| 111 | 4. A report shall be made of the proceedings of the Coordination Committee and will be made available on request to Members of the Council. | |
| Section 5 | ||
| Radiocommunication Sector | ||
| Article 7 | ||
| World Radiocommunication Conference | ||
| 112 | 1. In accordance with No. 90 of the Constitution, a world radiocommunication conference shall be convened to consider specific radiocommunication matters. A world radiocommunication conference shall deal with those items which are included in its agenda adopted in accordance with the relevant provisions of this Article. | |
| 113 | 2. (1) The agenda of a world radiocommunication conference may include: | |
| 114 | a) the partial or, exceptionally, complete revision of the Radio Regulations referred to in Article 4 of the Constitution; | |
| 115 | b) any other question of a worldwide character within the competence of the conference; | |
| 116 | c) an item concerning instructions to the Radio Regulations Board and the Radiocommunication Bureau regarding their activities, and a review of those activities; | |
| 117 | d) the identification of topics to be studied by the radiocommunication assembly and the radiocommunication study groups, as well as matters that the assembly shall consider in relation to future radiocommunication conferences. | |
| 118 | (2) The general scope of this agenda should be established four to six years in advance, and the final agenda shall be established by the Council preferably two years before the conference, with the concurrence of a majority of the Member States, subject to the provisions of No. 47 of this Convention. These two versions of the agenda shall be established on the basis of the recommendations of the world radiocommunication conference, in accordance with No. 126 of this Convention. | |
| 119 | (3) This agenda shall include any question which a Plenipotentiary Conference has directed to be placed on the agenda. | |
| 120 | 3. (1) This agenda may be changed: | |
| 121 | a) at the request of at least one-quarter of the Member States. Such requests shall be addressed individually to the Secretary-General, who shall transmit them to the Council for approval; or | |
| 122 | b) on a proposal of the Council. | |
| 123 | (2) The proposed changes to the agenda of a world radiocommunication conference shall not be finally adopted until accepted by a majority of the Member States, subject to the provisions of No. 47 of this Convention. | |
| 124 | 4. The conference shall also: | |
| 125 | (1) consider and approve the report of the Director of the Bureau on the activities of the Sector since the last conference; | |
| 126 | (2) recommend to the Council items for inclusion in the agenda of a future conference and give its views on such agendas for at least a four-year cycle of radiocommunication conferences, together with an estimate of the financial implications; | |
| 127 | (3) include, in its decisions, instructions or requests, as appropriate, to the Secretary-General and the Sectors of the Union. | |
| 128 | 5. The Chairman and Vice-Chairmen of the radiocommunication assembly, or of relevant study groups, may participate in the associated world radiocommunication conference. | |
| Article 8 | ||
| Radiocommunication Assembly | ||
| 129 | 1. A radiocommunication assembly shall deal with and issue, as appropriate, recommendations on questions adopted pursuant to its own procedures or referred to it by the Plenipotentiary Conference, any other conference, the Council or the Radio Regulations Board. | |
| 130 | 2. With regard to No. 129 above, the radiocommunication assembly shall: | |
| 131 | (1) consider the reports of study groups prepared in accordance with No.157 of this Convention and approve, modify or reject the draft recommendations contained in those reports, and consider the reports of the radiocommunication advisory group prepared in accordance with No. 160h of this Convention; | |
| 132 | (2) bearing in mind the need to keep the demands on the resources of the Union to a minimum, approve the programme of work arising from the review of existing questions and new questions and determine the priority, urgency, estimated financial implications and time-scale for the completion of their study; | |
| 133 | (3) decide, in the light of the approved programme of work derived from No. 132 above, on the need to maintain, terminate or establish study groups, and allocate to each of them the questions to be studied; | |
| 134 | (4) group questions of interest to the developing countries as far as possible, in order to facilitate their participation in the study of those questions; | |
| 135 | (5) give advice on matters within its competence in response to requests from a world radiocommunication conference; | |
| 136 | (6) report to the following world radiocommunication conference on the progress in matters that may be included in the agenda of future radiocommunication conferences. | |
| 137 | 3. A radiocommunication assembly shall be presided over by a person designated by the government of the country in which the meeting is held or, in case of a meeting held at the seat of the Union, by a person elected by the assembly itself. The Chairman shall be assisted by Vice-Chairman elected by the assembly. | |
| 137a | 4. | A radiocommunication assembly may refer specific matters within its competence to the radiocommunication advisory group for advice. |
| Article 9 | ||
| Regional Radiocommunication Conferences | ||
| 138 | The agenda of a regional radiocommunication conference may provide only for specific radiocommunication questions of a regional nature, including instructions to the Radio Regulations Board and the Radiocommunication Bureau regarding their activities in respect of the region concerned, provided such instructions do not conflict with the interests of other regions. Only items included in its agenda may be discussed by such a conference. The provisions contained in Nos. 118 to 123 of this Convention shall apply to a regional radiocommunication conference, but only with regard to the Member States of the region concerned. | |
| Article 10 | ||
| Radio Regulations Board | ||
| 139 | deleted. | |
| 140 | 2. In addition to the duties specified in Article 14 of the Constitution, the Board shall also consider reports from the Director of the Radiocommunication Bureau on investigations of harmful interference carried out at the request of one or more of the interested administrations, and formulate recommendations with respect thereto. | |
| 141 | 3. The members of the Board have a duty to participate, in an advisory capacity, in radiocommunication conferences and radio-communication assemblies. The Chairman and Vice-Chairman of the Board, or their nominated representatives, have a duty to participate, in an advisory capacity, in Plenipotentiary Conferences. In all of these cases, the members having these duties shall not participate in these conferences as members of their national delegations. | |
| 142 | 4. Only the travelling, subsistence and insurance expenses incurred by the members of the Board in the exercise of their duties for the Union shall be borne by the Union. | |
| 143 | 5. The working arrangements of the Board shall be as follows: | |
| 144 | (1) The members of the Board shall elect from their own members a Chairman and a Vice-Chairman for a period of one year. Thereafter the Vice-Chairman shall succeed the Chairman each year and a new Vice-Chairman shall be elected. In the absence of the Chairman and Vice-Chairman, the Board shall elect a temporary Chairman for the occasion from among its members. | |
| 145 | (2) The Board shall normally hold up to four meetings a year, generally at the seat of the Union, at which at least two-thirds of its members shall be present, and may carry out its duties using modem means of communication. | |
| 146 | (3) The Board shall endeavour to reach its decisions unanimously. If it fails in that endeavour, a decision shall be valid only if at least two-thirds of the members of the Board vote in favour thereof. Each member of the Board shall have one vote; voting by proxy is not allowed. | |
| 147 | (4) The Board may make such internal arrangements as it considers necessary in conformity with the provisions of the Constitution, this Convention and the Radio Regulations. Such arrangements shall be published as part of the Board's Rules of Procedure. | |
| Article 11 | ||
| Radiocommunication Study Groups | ||
| 148 | 1. Radiocommunication study groups are set up by a radio-communication assembly. | |
| 149 | 2. (1) The radiocommunication study groups shall study questions adopted in accordance with a procedure established by the radiocommunication assembly and prepare draft recommendations to be adopted in accordance with the procedure set forth in Nos. 246a to 247 of this Convention. | |
| 149a | (1bis) The radiocommunication study groups shall also study topics identified in resolutions and recommendations of world radiocommunication conferences. The results of such studies shall be included in recommendations or in the reports prepared in accordance with No. 156 below. | |
| 150 | (2) The study of the above questions and topics shall, subject to No. 158 below, focus on the following: | |
| 151 | a) use of the radio-frequency spectrum in terrestrial and space radiocommunication and of the geostationary-satellite and other satellite orbits; | |
| 152 | b) characteristics and performance of radio systems; | |
| 153 | c) operation of radio stations; | |
| 154 | d) radiocommunication aspects of distress and safety matters. | |
| 155 | (3) These studies shall not generally address economic questions, but when they involve comparing technical or operational alternatives, economic factors may be taken into consideration. | |
| 156 | 3. The radiocommunication study groups shall also carry out preparatory studies of the technical, operational and procedural matters to be considered by world and regional radiocommunication conferences and elaborate reports thereon in accordance with a programme of work adopted in this respect by a radiocommunication assembly or following instructions by the Council. | |
| 157 | 4. Each study group shall prepare for the radiocommunication assembly a report indicating the progress of work, the recommendations adopted in accordance with the consultation procedure contained in No. 149 above and any draft new or revised recommendations for consideration by the assembly. | |
| 158 | 5. Taking into account No. 79 of the Constitution, the tasks enumerated in Nos. 151 to 154 above and in No. 193 of this Convention in relation to the Telecommunication Standardization Sector shall be kept under continuing review by the Radiocommunication Sector and the Telecommunication Standardization Sector with a view to reaching common agreement on changes in the distribution of matters under study. The two Sectors shall cooperate closely and adopt procedures to conduct such a review and reach agreements in a timely and effective manner. If agreement is not reached, the matter may be submitted through the Council to the Plenipotentiary Conference for decision. | |
| 159 | 6. In the performance of their studies, the radiocommunication study groups shall pay due attention to the study of questions and to the formulation of recommendations directly connected with the establishment, development and improvement of telecommunications in developing countries at both the regional and international levels. They shall conduct their work giving due consideration to the work of national, regional and other international organizations concerned with radiocommunication and cooperate with them, keeping in mind the need for the Union to maintain its pre-eminent position in the field of telecommunications. | |
| 160 | 7. For the purpose of facilitating the review of activities in the Radiocommunication Sector, measures should be taken to foster cooperation and coordination with other organizations concerned with radiocommunication and with the Telecommunication Standardisation Sector and the Telecommunication Development Sector. A radio-communication assembly shall determine the specific duties, conditions of participation and rules of procedure for these measures. | |
| Article 11a | ||
| Radiocommunication Advisory Group | ||
| 160a | 1. The radiocommunication advisory group shall be open to representatives of administrations of Member States and representatives of Sector Members and to chairmen of the study groups, and will act through the Director. | |
| 160b | 2. The radiocommunication advisory group shall: | |
| 160c | (1) review priorities, programmes, operations, financial matters and strategies related to radiocommunication assemblies, study groups and the preparation of radiocommunication conferences, and any specific matters as directed by a conference of the Union, a radiocommunication assembly or the Council; | |
| 160d | (2) review progress in the implementation of the programme of work established under No. 132 of this Convention; | |
| 160e | (3) provide guidelines for the work of study groups; | |
| 160f | (4) recommend measures, inter alia, to foster co-operation and Coordination with other standards bodies, with the Telecommunication Standardization Sector, the Telecommunication Development Sector and the General Secretariat; | |
| 160g | (5) adopt its own working procedures compatible with those adopted by the radiocommunication assembly; | |
| 160h | (6) prepare a report for the Director of the Radiocommunication Bureau indicating action in respect of the above items; | |
| Article 12 | ||
| Radiocommunication Bureau | ||
| 161 | 1. The Director of the Radiocommunication Bureau shall organize and coordinate the work of the Radiocommunication Sector. The duties of the Bureau are supplemented by those specified in provisions of the Radio Regulations. | |
| 162 | 2. The Director shall, in particular, | |
| 163 | (1) in relation to radiocommunication conferences: | |
| 164 | a) co-ordinate the preparatory work of the study groups and the Bureau, communicate to the Member States and Sector Members the results of this preparatory work, collect their comments and submit a consolidated report to the conference which may include proposals of a regulatory nature; | |
| 165 | b) participate as of right, but in an advisory capacity, in the deliberations of the radiocommunication assembly and of the radiocommunication study groups. The Director shall make all necessary preparations for radiocommunication conferences and meetings of the Radiocommunication Sector in consultation with the General Secretariat in accordance with No. 94 of this Convention and, as appropriate, with the other Sectors of the Union, and with due regard for the directives of the Council in carrying out these preparations; | |
| 166 | c) provide assistance to the developing countries in their preparations for radiocommunication conferences. | |
| 167 | (2) in relation to the Radio Regulations Board: | |
| 168 | a) prepare and submit draft Rules of Procedure for approval by the Radio Regulations Board; they shall include, inter alia, calculation methods and data required for the application of the provisions of the Radio Regulations; | |
| 169 | b) distribute to all Member States the Rules of Procedure of the Board and collect comments thereon received from administrations; | |
| 170 | c) process information received from administrations in application of the relevant provisions of the Radio Regulations and regional agreements and prepare it, as appropriate, in a form suitable for publication; | |
| 171 | d) apply the Rules of Procedure approved by the Board, prepare and publish findings based on those Rules, and submit to the Board any review of a finding which is requested by an administration and which cannot be resolved by the use of those Rules of Procedure; | |
| 172 | e) in accordance with the relevant provisions of the Radio Regulations, effect an orderly recording and registration of frequency assignments and, where appropriate, the associated orbital characteristics, and keep up to date the Master International Frequency Register; review entries in that Register with a view to amending or eliminating, as appropriate, those which do not reflect actual frequency usage, in agreement with the administration concerned; | |
| 173 | f) assist in the resolution of cases of harmful interference, at the request of one or more of the interested administrations, and where necessary, make investigations and prepare, for consideration by the Board, a report including draft recommendations to the administrations concerned; | |
| 174 | g) act as executive secretary to the Board; | |
| 175 | (3) coordinate the work of the radiocommunication study groups and be responsible for the organization of that work; | |
| 175a | (3bis) provide the necessary support for the radiocommunication advisory group, and report each year to Member States and Sector Members and to the Council on the results of the work of the advisory group. | |
| 175b | (3ter) take practical measures to facilitate the participation of developing countries in the radiocommunication study groups. | |
| 176 | (4) also undertake the following: | |
| 177 | a) carry out studies to furnish advice with a view to the operation of the maximum practicable number of radio channels in those portions of the spectrum where harmful interference may occur, and with a view to the equitable, effective and economical use of the geostationary-satellite and other satellite orbits, taking into account the needs of Member States requiring assistance, the specific needs of developing countries, as well as the special geographical situation of particular countries; | |
| 178 | b) exchange with Member States and Sector Members data in machine-readable and other forms, prepare and keep up to date any documents and databases of the Radiocommunication Sector, and arrange, with the Secretary-General, as appropriate, for their publication in the working languages of the Union in accordance with No. 172 of the Constitution; | |
| 179 | c) maintain such essential records as may be required; | |
| 180 | d) submit to the world radiocommunication conference a report on the activities of the Radiocommunication Sector since the last conference; if a world radiocommunication conference is not planned, a report on the activities of the Sector covering the two-year period since the last conference shall be submitted to the Council and, for information, to Member States and Sector Members; | |
| 181 | e) prepare a cost-based budget estimate for the requirements of the Radiocommunication Sector and transmit it to the Secretary-General for consideration by the Coordination Committee and inclusion in the Union's budget; | |
| 181a | f) prepare an annual operational plan and financial plan of activities to be undertaken by the Bureau in support of the Sector as a whole, to be reviewed by the radiocommunication advisory group in accordance with Article 11 A of this Convention and provided to the Council. | |
| 182 | 3. The Director shall choose the technical and administrative personnel of the Bureau within the framework of the budget as approved by the Council. The appointment of the technical and administrative personnel is made by the Secretary-General in agreement with the Director. The final decision for appointment or dismissal rests with the Secretary-General. | |
| 183 | 4. The Director shall provide technical support, as necessary, to the Telecommunication Development Sector within the framework of the Constitution and this Convention. | |
| Section 6 | ||
| Telecommunication Standardization Sector | ||
| Article 13 | ||
| World Telecommunication | ||
| Standardization Assembly | ||
| 184 | 1. In accordance with No. 104 of the Constitution, a world telecommunication standardization assembly shall be convened to consider specific matters related to telecommunication standardization. | |
| 185 | 2. The questions to be studied by a world telecommunication standardization assembly, on which recommendations shall be issued, shall be those adopted pursuant to its own procedures or referred to it by the Plenipotentiary Conference, any other conference, or the Council. | |
| 186 | 3. In accordance with No. 104 of the Constitution, the assembly shall: | |
| 187 | a) consider the reports of study groups prepared in accordance with No. 194 of this Convention and approve, modify or reject draft recommendations contained in those reports, and consider the reports of the telecommunication standardization advisory group in accordance with Nos. 197i and 197k of this Convention; | |
| 188 | b) bearing in mind the need to keep the demands on the resources of the Union to a minimum, approve the programme of work arising from the review of existing questions and new questions and determine the priority, urgency, estimated financial implications and time-scale for the completion of their study; | |
| 189 | c) decide, in the light of the approved programme of work derived from No. 188 above, on the need to maintain, terminate or establish study groups and allocate to each of them the questions to be studied; | |
| 190 | d) group, as far as practicable, questions of interest to the developing countries to facilitate their participation in these studies; | |
| 191 | e) consider and approve the report of the Director on the activities of the Sector since the last conference. | |
| 191a | 4. A world telecommunication standardization assembly may assign specific matters within its competence to the telecommunication standardization advisory group indicating the action required on those matters. | |
| 191b | 5. A world telecommunication standardization assembly shall be presided over by a person designated by the government of the country in which the meeting is held or, in the case of a meeting held at the seat of the Union, by a person elected by the assembly itself. The Chairman shall be assisted by Vice-Chairmen elected by the assembly. | |
| Article 14 | ||
| Telecommunication Standardization | ||
| Study Groups | ||
| 192 | 1. (1) Telecommunication standardization study groups shall study questions adopted in accordance with a procedure established by the world telecommunication standardization assembly and prepare draft recommendations to be adopted in accordance with the procedure set forth in Nos. 246a to 247 of this Convention. | |
| 193 | (2) The study groups shall, subject to No. 195 below, study technical, operating and tariff questions and prepare recommendations on them with a view to standardizing telecommunications on a worldwide basis, including recommendations on interconnection of radio systems in public telecommunication networks and on the performance required for these interconnections. Technical or operating questions specifically related to radiocommunication as enumerated in Nos. 151 to 154 of this Convention shall be within the purview of the Radiocommunication Sector. | |
| 194 | (3) Each study group shall prepare for the world telecommunication standardization assembly a report indicating the progress of work, the recommendations adopted in accordance with the consultation procedure contained in No. 192 above, and any draft new or revised recommendations for consideration by the assembly. | |
| 195 | 2. Taking into account No. 105 of the Constitution, the tasks enumerated in No. 193 above and those enumerated in Nos. 151 to 154 of this Convention in relation to the Radiocommunication Sector shall be kept under continuing review by the Telecommunication Standardization Sector and the Radiocommunication Sector with a view to reaching common agreement on changes in the distribution of matters under study. The two Sectors shall cooperate closely and adopt procedures to conduct such a review and reach agreements in a timely and effective manner. If agreement is not reached, the matter may be submitted through the Council to the Plenipotentiary Conference for decision. | |
| 196 | 3. In the performance of their studies, the telecommunication standardization study groups shall pay due attention to the study of questions and to the formulation of recommendations directly connected with the establishment, development and improvement of telecommunications in developing countries at both the regional and international levels. They shall conduct their work giving due consideration to the work of national, regional and other international standardization organizations, and cooperate with them, keeping in mind the need for the Union to maintain its pre-eminent position in the field of worldwide standardization for telecommunications. | |
| 197 | 4. For the purpose of facilitating the review of activities in the Telecommunication Standardization Sector, measures should be taken to foster co-operation and Coordination with other organizations concerned with telecommunication standardization and with the Radiocommunication Sector and the Telecommunication Development Sector. A world telecommunication standardization assembly shall determine the specific duties, conditions of participation and rules of procedure for these measures. | |
| Article 14a | ||
| Telecommunication Standardization | ||
| Advisory Group | ||
| 197a | 1. The telecommunication standardization advisory group shall be open to representatives of administrations of Member States and representatives of Sector Members and to chairmen of the study groups. | |
| 197b | 2. The telecommunication standardization advisory group shall: | |
| 197c | (1) review priorities, programmes, operations, financial matters and strategies for activities in the Telecommunication Standardization Sector; | |
| 197d | (2) review progress in the implementation of the programme of work established under No. 188 of this Convention; | |
| 197e | (3) provide guidelines for the work of study groups; | |
| 197f | (4) recommend measures, inter alia, to foster co-operation and Coordination with other relevant bodies, with the Radiocommunication Sector, the Telecommunication Development Sector and the General Secretariat; | |
| 197g | (5) adopt its own working procedures compatible with those adopted by the world telecommunication standardization assembly; | |
| 197h | (6) prepare a report for the Director of the Telecommunication Standardization Bureau indicating action in respect of the above items. | |
| 197i | (7) prepare a report for the world telecommunication standardization assembly on the matters assigned to it in accordance with No. 191a and transmit it to the Director for submission to the assembly. | |
| Article 15 | ||
| Telecommunication Standardization Bureau | ||
| 198 | 1. The Director of the Telecommunication Standardization Bureau shall organize and coordinate the work of the Telecommunication Standardization Sector. | |
| 199 | 2. The Director shall, in particular: | |
| 200 | a) update annually the work programme approved by the world telecommunication standardization assembly, in consultation with the chairmen of the telecommunication standardization study groups; | |
| 201 | b) participate, as of right, but in an advisory capacity, in the deliberations of the world telecommunication standardization assemblies and of the telecommunication standardization study groups. The Director shall make all necessary preparations for assemblies and meetings of the Telecommunication Standardization Sector in consultation with the General Secretariat in accordance with No. 94 of this Convention and, as appropriate, with the other Sectors of the Union, and with due regard for the directives of the Council concerning these preparations; | |
| 202 | c) process information received from administrations in application of the relevant provisions of the Intentional Telecommunication Regulations or decisions of the world telecommunication standardization assembly and prepare it, where appropriate, in a suitable form for publication; | |
| 203 | d) exchange with Member States and Sector Members data in machine-readable and other forms, prepare and, as necessary, keep up to date any documents and databases of the Telecommunication Standardization Sector, and arrange with the Secretary-General, where appropriate, for their publication in the working languages of the Union in accordance with No. 172 of the Constitution; | |
| 204 | e) submit to the world telecommunication standardization assembly a report on the activities of the Sector since the last assembly; the Director shall also submit to the Council and to the Member States and Sector Members such a report covering the two-year period since the last assembly, unless a second assembly is convened; | |
| 205 | f) prepare a cost-based budget estimate for the requirements of the Telecommunication Standardization Sector and transmit it to the Secretary-General for consideration by the Coordination Committee and inclusion in the Union's budget. | |
| 205a | g) prepare an annual operational plan and financial plan of activities to be undertaken by the Bureau in support of the Sector as a whole, to be reviewed by the telecommunication standardization advisory group and provided to the Council; | |
| 205b | h) provide the necessary support for the telecommunication standardization advisory group, and report each year to Member States and Sector Members and to the Council on the results of its work; | |
| 205c | i) provide assistance to developing countries in the preparatory work for world standardization assemblies, particularly with regard to matters of a priority nature for those countries. | |
| 206 | 3. The Director shall choose the technical and administrative personnel of the Telecommunication Standardization Bureau within the framework of the budget as approved by the Council. The appointment of the technical and administrative personnel is made by the Secretary-General in agreement with the Director. The final decision on appointment or dismissal rests with the Secretary-General. | |
| 207 | 4. The Director shall provide technical support, as necessary, to the Telecommunication Development Sector within the framework of the Constitution and this Convention. | |
| Section 7 | ||
| Telecommunication Development Sector | ||
| Article 16 | ||
| Telecommunication Development Conferences | ||
| 208 | 1. In accordance with No. 118 of the Constitution, the duties of the telecommunication development conferences shall be as follows: | |
| 209 | a) world telecommunication development conferences shall establish work programmes and guidelines for defining telecommunication development questions and priorities and shall provide direction and guidance for the work programme of the Telecommunication Development Sector. They may set up study groups, as necessary; | |
| 210 | b) regional telecommunication development conferences may give advice to the Telecommunication Development Bureau concerning the specific telecommunication requirements and characteristics of the region concerned, and may also submit recommendations to world telecommunication development conferences; | |
| 211 | c) the telecommunication development conference should fix the objectives and strategies for the balanced worldwide and regional development of telecommunications, giving particular consideration to the expansion and modernization of the networks and services of the developing countries as well as the mobilization of the resources required for this purpose. They shall serve as a forum for the study of policy, organizational, operational, regulatory, technical and financial questions and related aspects, including the identification and implementation of new sources of funding; | |
| 212 | d) world and regional telecommunication development conferences, within their respective sphere of competence, shall consider reports submitted to them and evaluate the activities of the Sector; they may also consider telecommunication development aspects related to the activities of the other Sectors of the Union. | |
| 213 | 2. The draft agenda of telecommunication development conferences shall be prepared by the Director of the Telecommunication Development Bureau and be submitted by the Secretary-General to the Council for approval with the concurrence of a majority of the Member States in the case of a world conference, or of a majority of the Member States belonging to the region concerned in the case of a regional conference, subject to the provisions of No. 47 of this Convention. | |
| 213a | 3. A world telecommunication development conference may refer specific matters within its competence to the telecommunication development advisory group for advice. | |
| Article 17 | ||
| Telecommunication Development | ||
| Study Groups | ||
| 214 | 1. Telecommunication development study groups shall deal with specific telecommunication questions of general interest to developing countries, including the matters enumerated in No. 211 above. Such study groups shall be limited in number and created for a limited period of time, subject to the availability of resources, shall have specific terms of reference on questions and matters of priority to developing countries and shall be task-oriented. | |
| 215 | 2. Taking into account No. 119 of the Constitution, the Radiocommunication, Telecommunication Standardization and Telecommunication Development Sectors shall keep the matters under study under continuing review with a view to reaching agreement on the distribution of work, avoiding duplication of effort and improving coordination. The Sectors shall adopt procedures to conduct such reviews and reach such agreement in a timely and effective manner. | |
| 215a | 3. Each telecommunication development study group shall prepare for the world telecommunication development conference a report indicating the progress of work and any draft new or revised recommendations for consideration by the conference. | |
| 215b | 4. Telecommunication development study groups shall study questions and prepare draft recommendations to be adopted in accordance with the procedures set out in Nos. 246a to 247 of this Convention. | |
| Article 17a | ||
| Telecommunication Development | ||
| Advisory Group | ||
| 215c | 1. The telecommunication development advisory group shall be open to representatives of administrations of Member States and representatives of Sector Members and to chairmen and vice-chairmen of study groups. | |
| 215d | 2. The telecommunication development advisory group shall: | |
| 215e | (1) review priorities, programmes, operations, financial matters and strategies for activities in the Telecommunication Development Sector; | |
| 215f | (2) review progress in the implementation of the programme of work established under No. 209 of this Convention; | |
| 215g | (3) provide guidelines for the work of study groups; | |
| 215h | (4) recommend measures, inter alia, to foster co-operation and coordination with the Radiocommunication Sector, the Telecommunication Standardization Sector and the General Secretariat, as well as with other relevant development and financial institutions. | |
| 215i | (5) adopt its own working procedures compatible with those adopted by the world telecommunication development conference. | |
| 215j | (6) prepare a report for the Director of the Telecommunication Development Bureau indicating action in respect of the above items. | |
| 215k | 3. Representatives of bilateral co-operation and development aid agencies and multilateral development institutions may be invited by the Director to participate in the meetings of the advisory group. | |
| Article 18 | ||
| Telecommunication Development Bureau | ||
| 216 | 1. The Director of the Telecommunication Development Bureau shall organize and coordinate the work of the Telecommunication Development Sector. | |
| 217 | 2. The Director shall, in particular: | |
| 218 | a) participate as of right, but in an advisory capacity, in the deliberations of the telecommunication development conferences and of the telecommunication development study groups. The Director shall make all necessary preparations for conferences and meetings of the Telecommunication Development Sector in consultation with the General Secretariat in accordance with No. 94 of this Convention and, as appropriate, with the other Sectors of the Union, and with due regard for the directives of the Council in carrying out these preparations; | |
| 219 | b) process information received from administrations in application of the relevant resolutions and decisions of the Plenipotentiary Conference and telecommunication development conferences and prepare it, where appropriate, in a suitable form for publication; | |
| 220 | c) exchange with members data in machine-readable and other forms, prepare and, as necessary, keep up to date any documents and databases of the Telecommunication Development Sector, and arrange with the Secretary-General, as appropriate, for their publication in the working languages of the Union in accordance with No. 172 of the Constitution; | |
| 221 | d) assemble and prepare for publication, in cooperation with the General Secretariat and the other Sectors of the Union, both technical and administrative information that might be especially useful to developing countries in order to help them to improve their telecommunication networks. Their attention shall also be drawn to the possibilities offered by the international programmes under the auspices of the United Nations; | |
| 222 | e) submit to the world telecommunication development conference a report on the activities of the Sector since the last conference; the Director shall also submit to the Council and to the Member States and Sector Members such a report covering the two-year period since the last conference; | |
| 223 | f) prepare a cost-based budget estimate for the requirements of the Telecommunication Development Sector and transmit it to the Secretary-General for consideration by the Coordination Committee and inclusion in the Union's budget; | |
| 223a | g) prepare an annual operational plan and financial plan of activities to be undertaken by the Bureau in support of the Sector as a whole, to be reviewed by the telecommunication development advisory group and provided to the Council; | |
| 223b | h) provide the necessary support for the telecommunication development advisory group, and report each year to the Member States and Sector Members and to the Council on the results of its work. | |
| 224 | 3. The Director shall work collegially with the other elected officials in order to ensure that the Union's catalytic role in stimulating telecommunication development is strengthened and shall make the necessary arrangements with the Director of the Bureau concerned for initiating suitable action, including the convening of information meetings on the activities of the Sector concerned. | |
| 225 | 4. At the request of the Member States concerned, the Director, with the assistance of the Directors of the other Bureaux and, where appropriate, the Secretary-General, shall study and offer advice concerning their national telecommunication problems; where a comparison of technical alternatives is involved, economic factors may be taken into consideration. | |
| 226 | 5. The Director shall choose the technical and administrative personnel of the Telecommunication Development Bureau within the framework of the budget as approved by the Council. The appointment of the personnel is made by the Secretary-General in agreement with the Director. The final decision for appointment or dismissal rests with the Secretary-General. | |
| 227 | deleted. | |
| Section 8 | ||
| Provisions Common to the Three Sectors | ||
| Article 19 | ||
| Participation of Entities | ||
| and Organizations Other than | ||
| Administrations in the Union's Activities | ||
| 228 | 1. The Secretary-General and the Directors of the Bureaux shall encourage the enhanced participation in the activities of the Union of the following entities and organizations: | |
| 229 | a) recognized operating agencies, scientific or industrial organizations and financial or development institutions which are approved by the Member State concerned; | |
| 230 | b) other entities dealing with telecommunication matters which are approved by the Member State concerned; | |
| 231 | c) regional and other international telecommunication, standardization, financial or development organizations. | |
| 232 | 2. The Directors of the Bureaux shall maintain close working relations with those entities and organizations which are authorized to participate in the activities of one or more of the Sectors of the Union. | |
| 233 | 3. Any request from an entity listed in No. 229 above to participate in the work of a Sector, in accordance with the relevant provisions of the Constitution and this Convention, approved by the Member State concerned shall be forwarded by the latter to the Secretary-General. | |
| 234 | 4. Any request from an entity referred to in No. 230 above submitted by the Member State concerned shall be handled in conformity with a procedure established by the Council. Such a request shall be reviewed by the Council with respect to its conformity with the above procedure. | |
| 234a | 4bis. Alternatively, a request from an entity listed in No. 229 or 230 above to become a Sector Member may be sent direct to the Secretary-General. Those Member States authorising such entities to send a request directly to the Secretary-General shall inform the latter accordingly. Entities whose Member State has not provided such notice to the Secretary-General shall not have the option of direct application. The Secretary-General shall regularly update and publish a list of those Member States that have authorised entities under their jurisdiction or sovereignty to apply directly. | |
| 234b | 4ter. Upon receipt, directly from an entity, of a request under No. 234a above, the Secretary-General shall, on the basis of criteria defined by the Council, ensure that the function and purposes of the candidate are in conformity with the purposes of the Union. The Secretary-General shall then, without delay, inform the applicant's Member State inviting approval of the application. If the Secretary-General receives no objection from the Member State within four months a reminder telegram shall be sent. If the Secretary-General receives no objection within four months after the date of dispatch of the reminder telegram, the application shall be regarded as approved. If an objection is received from the Member State by the Secretary-General, the applicant shall be invited by the secretary-general to contact the Member State concerned. | |
| 234c | 4quater. When authorising direct application, a Member State may notify the Secretary-General that it assigns authority to the Secretary-General to approve any application by an entity under its jurisdiction or sovereignty. | |
| 235 | 5. Any request from any entity or organization listed in No. 231 above (other than those referred to in Nos. 260 and 261 of this Convention) to participate in the work of a Sector shall be sent to the Secretary-General and acted upon in accordance with procedures established by the Council. | |
| 236 | 6. Any request from an organization referred to in Nos. 260 to 262 of this Convention to participate in the work of a Sector shall be sent to the Secretary-General, and the organization concerned shall be included in the lists referred to in No. 237 below. | |
| 237 | 7. The Secretary-General shall compile and maintain lists of all entities and organizations referred to in Nos. 229 to 231 and Nos. 260 to 262 of this Convention that are authorised to participate in the work of each Sector and shall, at appropriate intervals, publish and distribute these lists to all Member States and Sector Members concerned and to the Director of the Bureau concerned. That Director shall advise such entities and organizations of the action taken on their requests, and shall inform the relevant Member States. | |
| 238 | 8. The conditions of participation in the Sectors by entities and organizations contained in the lists referred to in No. 237 above are specified in this Article, in Article 33 and in other relevant provisions of this Convention. The provisions of Nos. 25 to 28 of the Constitution do not apply to them. | |
| 239 | 9. A Sector Member may act on behalf of the Member State which has approved it, provided that the Member State informs the Director of the Bureau concerned that it is authorised to do so. | |
| 240 | 10. Any Sector Member has the right to denounce such participation by notifying the Secretary-General. Such participation may also be denounced, where appropriate, by the Member State connected or, in case of the Sector Member approved pursuant to No. 234c above, in accordance with criteria and procedures determined by the Council. Such denunciation shall take effect at the end of one year from the date when notification is received by the Secretary-General. | |
| 241 | 11. The Secretary-General shall delete from the list of entities and organizations any entity or organization that is no longer authorized to participate in the work of a Sector, in accordance with criteria and procedures determined by the Council. | |
| 241a | 12. The assembly or conference of a Sector may decide to admit entities or organizations to participate as Associates in the work of a given study group or subgroups thereof following the principles set out below: | |
| 241b | (1) An entity or organization referred to in Nos. 229 to 231 above may apply to participate in the work of a given study group as an Associate; | |
| 241c | (2) In cases where a Sector has decided to admit Associates, the Secretary-General shall apply to the applicants the relevant provisions of this Article, taking account of the size of the entity or organization and any other relevant criteria; | |
| 241d | (3) Associates admitted to participate in a given study group are not entered in the list referred to in No. 237 above; | |
| 241e | (4) The conditions governing participation in the work of a study group are specified in Nos. 248b and 483a of this Convention. | |
| Article 20 | ||
| Conduct of Business of Study Groups | ||
| 242 | 1. The radiocommunication assembly, the world telecommunication standardization assembly and the world telecommunication development conference shall appoint the chairman and one vice-chairman or more for each study group. In appointing chairmen and vice-chairmen, particular consideration shall be given to the requirements of competence and equitable geographical distribution, and to the need to promote more efficient participation by the developing countries. | |
| 243 | 2. If the workload of any study group requires, the assembly or conference shall appoint such additional vice-chairmen as it deems necessary. | |
| 244 | 3. If, in the interval between two assemblies or conferences of the Sector concerned, a study group Chairman is unable to carry out his duties and only one Vice-Chairman has been appointed, then that Vice-Chairman shall take the Chairman's place. In the case of a study group for which more than one Vice-Chairman has been appointed, the study group at its next meeting shall elect a new Chairman from among those Vice-Chairman and, if necessary, a new Vice-Chairman from among the members of the study group. It shall likewise elect a new Vice-Chairman if one of the Vice-Chairmen is unable to carry out his duties during that period. | |
| 245 | 4. Study groups shall conduct their work as far as possible by correspondence, using modern means of communication. | |
| 246 | 5. The Director of the Bureau of each Sector, on the basis of the decisions of the competent conference or assembly, after consultation with the Secretary-General and coordination as required by the Constitution and Convention, shall draw up the general plan of study group meetings. | |
| 246a | 5bis. (1) Member States and Sector Members shall adopt questions to be studied in accordance with procedures established by the relevant conference or assembly, as appropriate, including the indication whether or not a resulting recommendation shall be the subject of a formal consultation of Member States. | |
| 246b | (2) Recommendations resulting from the study of the above questions are adopted by a study group in accordance with procedures established by the relevant conference or assembly, as appropriate. Those recommendations which do not require formal consultation of Member States for their approval shall be considered as approved. | |
| 246c | (3) A recommendation requiring formal consultation of Member States shall be either treated in accordance with No. 247 below or transmitted to the relevant conference or assembly, as appropriate. | |
| 246d | (4) Nos. 246a and 246b above shall not be used for questions and recommendations having podgy or regulatory implications such as: | |
| 246e | a) questions and recommendations approved by the Radiocommunication Sector relevant to the work of radiocommunication conferences, and other categories of questions and recommendations that may be decided by the radiocommunication assembly; | |
| 246f | b) questions and recommendations approved by the Telecommunication Standardization Sector which relate to tariff and accounting issues, and relevant numbering and addressing plans; | |
| 246g | c) questions and recommendations approved by the Telecommunication Development Sector which relate to regulatory, policy and financial issues; | |
| 246h | d) questions and recommendations where there is any doubt about their scope. | |
| 247 | 6. Study groups may initiate action for obtaining approval from Member States for recommendations completed between two assemblies or conferences. The procedures to be applied for obtaining such approval shall be those approved by the competent assembly or conference, as appropriate. | |
| 247a | 6bis. Recommendations approved in application of Nos. 246b or 247 above shall have the same status as ones approved by the conference or assembly itself. | |
| 248 | 7. Where necessary, joint working parties may be established for the study of questions requiring the participation of experts from several study groups. | |
| 248a | 7bis. Following a procedure developed by the Sector concerned, the Director of a Bureau may, in consultation with the chairman of the study group concerned, invite an organization which does not participate in the Sector to send representatives to take part in the study of a specific matter in the study group concerned or its subordinate groups. | |
| 248b | 7ter. An Associate, as referred to in No. 241a of this Convention, will be permitted to participate in the work of the selected study group without taking part in any decision-making or liaison activity of that study group. | |
| 249 | 8. The Director of the relevant Bureau shall send the final reports of the study groups to the administrations, organizations and entities participating in the Sector. Such reports shall include a list of the recommendations approved in conformity with No. 247 above. These reports shall be sent as soon as possible and, in any event, in time for them to be received at least one month before the date of the next session of the conference concerned. | |
| Article 21 | ||
| Recommendations from | ||
| One Conference to Another | ||
| 250 | 1. Any conference may submit to another conference of the Union recommendations within its field of competence. | |
| 251 | 2. Such recommendations shall be sent to the Secretary-General in good time for assembly, coordination and communication, as laid down in No. 320 of this Convention. | |
| Article 22 | ||
| Relations Between Sectors | ||
| and With International Organizations | ||
| 252 | 1. The Directors of the Bureaux may agree, after appropriate consultation and coordination as required by the Constitution, the Convention and the decisions of the competent conferences or assemblies, to organize joint meetings of study groups of two or three Sectors, in order to study and prepare draft recommendations on questions of common interest. Such draft recommendations shall be submitted to the competent conferences or assemblies of the Sectors concerned. | |
| 253 | 2. Conferences or meetings of a Sector may be attended in an advisory capacity by the Secretary-General, the Deputy Secretary-General, the Directors of the Bureaux of the other Sectors, or their representatives, and members of the Radio Regulations Board. If necessary, they may invite, in an advisory capacity, representatives of the General Secretariat or of any other Sector which has not considered it necessary to be represented. | |
| 254 | 3. When a Sector is invited to participate in a meeting of an international organization, its Director is authorized to make arrangements for its representation in an advisory capacity, taking into account the provisions of No. 107 of this Convention. | |
| Chapter II | ||
| GENERAL PROVISIONS | ||
| REGARDING CONFERENCES | ||
| AND ASSEMBLIES | ||
| Article 23 | ||
| Invitation and Admission | ||
| to Plenipotentiary Conferences | ||
| when There is an Inviting Government | ||
| 255 | 1. The precise place and the exact dates of the Conference shall be fixed in accordance with the provisions of Article 1 of this Convention, following consultations with the inviting government. | |
| 256 | 2. (1) One year before the date of opening of the conference, the inviting government shall send an invitation to the government of each Member State. | |
| 257 | (2) These invitations may be sent directly or through the Secretary-General or through another government. | |
| 258 | 3. The Secretary-General shall invite the following organizations to send observers: | |
| 259 | a) the United Nations; | |
| 260 | b) regional telecommunication organizations mentioned in Article 43 of the Constitution; | |
| 261 | c) intergovernmental organizations operating satellite systems; | |
| 262 | d) the specialized agencies of the United Nations and the International Atomic Energy Agency. | |
| 262a | e) Sector Members referred to in Nos. 229 and 231 of this Convention and organizations of an international character representing them. | |
| 263 | 4. (1) The replies of the Member States must reach the inviting government at least one month before the date of opening of the conference and should include whenever possible full information on the composition of the delegation. | |
| 264 | (2) These replies may be sent directly to the inviting government or through the Secretary-General or through another government. | |
| 265 | (3) The replies of the organizations and agencies referred to in Nos. 259 to 262A above must reach the Secretary-General one month before the opening date of the conference. | |
| 266 | 5. The General Secretariat and the three Bureaux of the Union shall be represented at the Conference in an advisory capacity. | |
| 267 | 6. The following shall be admitted to Plenipotentiary Conferences: | |
| 268 | a) delegations; | |
| 269 | b) observers of organizations and agencies invited in accordance with Nos. 259 to 262a. | |
| Article 24 | ||
| Invitation and Admission | ||
| to Radiocommunication Conferences | ||
| when There is an Inviting Government | ||
| 270 | 1. The precise place and exact dates of the conference shall be fixed in accordance with the provisions of Article 3 of this Convention, following consultations with the inviting government. | |
| 271 | 2. (1) The provisions of Nos. 256 to 265 of this Convention shall apply to radiocommunication conferences. | |
| 272 | (2) Member States should inform the Sector Members of the invitation they have received to participate in a radiocommunication conference. | |
| 273 | 3. (1) The inviting government, in agreement with or on a proposal by the Council, may notify the international organizations other than those referred to in Nos. 259 to 262 of this Convention which may be interested in sending observers to participate in the conference in an advisory capacity. | |
| 274 | (2) The interested international organizations referred to in No. 273 above shall send an application for admission to the inviting government within a period of two months from the date of notification. | |
| 275 | (3) The inviting government shall assemble the requests and the conference itself shall decide whether the organizations concerned are to be admitted. | |
| 276 | 4. The following shall be admitted to radiocommunication conferences: | |
| 277 | a) delegations; | |
| 278 | b) observers of organizations and agencies referred to in Nos. 259 to 262 of this Convention; | |
| 279 | c) observers of international organizations admitted in accordance with Nos. 273 to 275 above; | |
| 280 | d) observers representing Sector Members of the Radiocommunication Sector duly authorised by the Member State concerned; | |
| 281 | e) in an advisory capacity, the elected officials, when the conference is discussing matters coming within their competence, and the members of the Radio Regulations Board; | |
| 282 | f) observers of Member States participating in a non-voting capacity in a regional radiocommunication conference of a region other than that to which the said Member States belong. | |
| Article 25 | ||
| Invitation and Admission | ||
| to Radiocommunication Assemblies, | ||
| World Telecommunication Standardization Assemblies and Telecommunication | ||
| Development Conferences | ||
| when There is an Inviting Government | ||
| 283 | 1. The precise place and exact dates of each assembly or conference shall be fixed in accordance with the provisions of Article 3 of this Convention, following consultations with the inviting government. | |
| 284 | 2. One year before the date of the opening of the assembly or conference, the Secretary-General, after consultation with the Director of the Bureau concerned, shall send an invitation to: | |
| 285 | a) the administration of each Member State; | |
| 286 | b) the Sector Members concerned; | |
| 287 | c) regional telecommunication organizations mentioned in Article 43 of the Constitution; | |
| 288 | d) intergovernmental organizations operating satellite systems; | |
| 289 | e) any other regional organization or other international organization dealing with matters of interest to the assembly or conference. | |
| 290 | 3. The Secretary-General shall also invite the following organizations or agencies to send observers: | |
| 291 | a) the United Nations; | |
| 292 | b) the specialized agencies of the United Nations and the International Atomic Energy Agency. | |
| 293 | 4. The replies must reach the Secretary-General at least one month before the date of opening of the assembly or conference and should, whenever possible, include full information on the composition of the delegation or representation. | |
| 294 | 5. The General Secretariat and the elected officials of the Union shall be represented at the assembly or conference in an advisory capacity. | |
| 295 | 6. The following shall be admitted to the assembly or conference: | |
| 296 | a) delegations; | |
| 297 | b) observers of organizations and agencies invited in accordance with Nos. 287 to 289 and 291 and 292 above; | |
| 298 | c) representatives of Sector Members concerned. | |
| Article 26 | ||
| Procedure for Convening | ||
| or Cancelling World Conferences | ||
| or Assemblies at the Request of | ||
| Member States or on a Proposal of the Council | ||
| 299 | 1. The procedures to be applied for convening a second world telecommunication standardization assembly in the interval between successive plenipotentiary conferences and fixing its precise place and exact dates or for cancelling the second world radiocommunication conference or the second radiocommunication assembly are set forth in the following provisions. | |
| 300 | 2. (1) Any Member State wishing to have a second world telecommunication standardization assembly convened shall so inform the Secretary-General, indicating the proposed place and dates of the assembly. | |
| 301 | (2) On receipt of similar requests from at least one-quarter of the Member States, the Secretary-General shall inform immediately all Member States thereof by the most appropriate means of telecommunication, asking them to indicate, within six weeks, whether or not they agree to the proposal. | |
| 302 | (3) If a majority of the Member States, determined in accordance with No. 47 of this Convention, agree to the proposal as a whole, that is to say, if they accept the proposed place and dates, the Secretary-General shall so inform immediately all Member States by the most appropriate means of telecommunication. | |
| 303 | (4) If the proposal accepted is for an assembly elsewhere than at the seat of the Union, the Secretary-General, with the assent of the government concerned, shall take the necessary steps to convene the assembly. | |
| 304 | (5) If the proposal as a whole (place and dates) is not accepted by the majority of the Member States determined in accordance with No. 47 of this Convention, the Secretary-General shall inform the Member States of the replies received, requesting them to give a final reply on the point or points under dispute within six weeks of receipt. | |
| 305 | (6) Such points shall be regarded as adopted when they have been approved by a majority of the Member States, determined in accordance with No. 47 of this Convention. | |
| 306 | 3. (1) Any Member State wishing to have a second world radiocommunication conference or a second radiocommunication assembly cancelled shall so inform the Secretary-General. On receipt of similar requests from at least one quarter of the Member States, the Secretary-General shall inform immediately all Member States thereof by the most appropriate means of telecommunication, asking them to indicate, within six weeks, whether or not they agree to the proposal. | |
| 307 | (2) If a majority of the Member States, determined in accordance with No. 47 of this Convention, agrees to the proposal, the Secretary-General shall so inform immediately all Member States by the most appropriate means of telecommunication and the conference or assembly shall be cancelled. | |
| 308 | 4. The procedures indicated in Nos. 301 to 307 above, with the exception of No. 306, shall also be applicable when the proposal to convene a second world telecommunication standardization conference or to cancel a second world radiocommunication conference or a second radiocommunication assembly is initiated by the Council. | |
| 309 | 5. Any Member State wishing to have a world conference on international telecommunications convened shall propose it to the Plenipotentiary Conference; the agenda, precise place and exact dates of such a conference shall be determined in accordance with the provisions of Article 3 of this Convention. | |
| Article 27 | ||
| Procedure for Convening Regional | ||
| Conferences at the Request of | ||
| Member States or on a Proposal of the Council | ||
| 310 | In the case of a regional conference, the procedure described in Nos. 300 to 305 of this Convention shall be applicable only to the Member States of the region concerned. If the conference is to be convened on the initiative of the Member States of the region, it will suffice for the Secretary-General to receive concordant requests from a quarter of the total number of Member States in that region. The procedure described in Nos. 301 to 305 of this Convention shall also be applicable when the proposal to convene such a conference is initiated by the Council. | |
| Article 28 | ||
| Provisions for Conferences | ||
| and Assemblies Meeting | ||
| when There is no Inviting Government | ||
| 311 | When a conference or an assembly is to be held without an inviting government, the provisions of Articles 23, 24 and 25 of this Convention shall apply. The Secretary-General shall take the necessary steps to convene and organise the conference or assembly at the seat of the Union, after agreement with the Government of the Swiss Confederation. | |
| Article 29 | ||
| Change in the Place or Dates | ||
| of a Conference or an Assembly | ||
| 312 | 1. The provisions of Articles 26 and 27 of this Convention for convening a conference or assembly shall apply, by analogy, when a change in the precise place and/or exact dates of a conference or assembly is requested by Member States or is proposed by the Council. However, such changes shall only be made if a majority of the Member States concerned, determined in accordance with No. 47 of this Convention, have pronounced in favour. | |
| 313 | 2. It shall be the responsibility of any Member State proposing a change in the precise place or exact dates of a conference or assembly to obtain for its proposal the support of the requisite number of other Member States. | |
| 314 | 3. Where the issue arises, the Secretary-General shall indicate, in the communication referred to in No. 301 of this Convention, the probable financial consequences of a change in the place or dates, as, for example, when there has been an outlay of expenditure in preparing for the conference at the place initially chosen. | |
| Article 30 | ||
| Time-Limits and Conditions for Submission | ||
| of Proposals and Reports to Conferences | ||
| 315 | 1. The provisions of this Article shall apply to the Plenipotentiary Conference, world and regional radiocommunication conferences and world conferences on international telecommunications. | |
| 316 | 2. Immediately after the invitations have been despatched, the secretary-general shall ask Member States to submit, at least four months before the start of the conference, their proposals for the work of the conference. | |
| 317 | 3. All proposals the adoption of which will involve amendment of the text of the Constitution or this Convention or revision of the Administrative Regulations must carry references identifying by their marginal numbers those parts of the text which will require such amendment or revision. The reasons for the proposal must be given, as briefly as possible, in each case. | |
| 318 | 4. Each proposal received from a Member State shall be annotated by the Secretary-General to indicate its origin by means of the symbol established by the Union for that Member State. Where a proposal is made jointly by more than one Member State the proposal shall, to the extent practicable, be annotated with the symbol of each Member State. | |
| 319 | 5. The Secretary-General shall communicate the proposals to all Member States as they are received. | |
| 320 | 6. The Secretary-General shall assemble and co-ordinate the proposals received from Member States and shall communicate them to Member States as they are received, but in any case at least two months before the opening of the conference. Elected officials and staff members of the Union, as well as those observers and representatives that may attend conferences in accordance with the relevant provisions of this Convention, shall not be entitled to submit proposals. | |
| 321 | 7. The Secretary-General shall also assemble reports received from Member States, the Council and the Sectors of the Union and recommendations by conferences and shall communicate them to Member States, along with any reports by the Secretary-General, at least four months before the opening of the conference. | |
| 322 | 8. Proposals received after the time-limit specified in No. 316 above shall be communicated to all Member States by the Secretary-General as soon as practicable. | |
| 323 | 9. The provisions of the present Article shall apply without prejudice to the amendment provisions contained in Article 55 of the Constitution and in Article 42 of this Convention. | |
| Article 31 | ||
| Credentials for Conferences | ||
| 324 | 1. The delegation sent by a Member State to a plenipotentiary conference, a radiocommunication conference or a world conference on international telecommunications shall be duly accredited in accordance with Nos. 325 to 331 below. | |
| 325 | 2. (1) Accreditation of delegations to Plenipotentiary Conferences shall be by means of instruments signed by the Head of State, by the Head of Government or by the Minister for Foreign Affairs. | |
| 326 | (2) Accreditation of delegations to the other conferences referred to in No. 324 above shall be by means of instruments signed by the Head of State, by the Head of Government, by the Minister for Foreign Affairs or by the Minister responsible for questions dealt with during the conference. | |
| 327 | (3) Subject to confirmation prior to the signature of the Final Acts, by one of the authorities mentioned in Nos. 325 or 326 above, a delegation may be provisionally accredited by the head of the diplomatic mission of the Member State concerned to the host government. In the case of a conference held in the Swiss Confederation, a delegation may also be provisionally accredited by the head of the permanent delegation of the Member State concerned to the United Nations Office at Geneva. | |
| 328 | 3. Credentials shall be accepted if they are signed by one of the competent authorities mentioned in Nos. 325 to 327 above, and fulfil one of the following criteria: | |
| 329 | - they confer full powers on the delegation; | |
| 330 | - they authorize the delegation to represent its government, without restrictions; | |
| 331 | - they give the delegation, or certain members thereof, the right to sign the Final Acts. | |
| 332 | 4. (1) A delegation whose credentials are found to be in order by the Plenary Meeting shall be entitled to exercise the right to vote of the Member State concerned, subject to the provisions of Nos. 169 and 210 of the Constitution, and to sign the final acts. | |
| 333 | (2) A delegation whose credentials are found not to be in order by the Plenary Meeting shall not be entitled to exercise the right to vote or to sign the Final Acts until the situation has been rectified. | |
| 334 | 5. Credentials shall be deposited with the secretariat of the conference as early as possible. The committee referred to in No. 23 of Rules of Procedure of conferences and other meetings be entrusted with the verification thereof and shall report on its conclusions to the Plenary Meeting within the time specified by the latter. Pending the decision of the Plenary Meeting thereon, any delegation shall be entitled to participate in the conference and to exercise the right to vote of the Member State concerned. | |
| 335 | 6. As a general rule, Member States should endeavour to send their own delegations to conferences of the Union. However, if a Member State is unable, for exceptional reasons, to send its own delegation, it may give the delegation of another Member State powers to vote and sign on its behalf. Such powers must be conveyed by means of an instrument signed by one of the authorities mentioned in Nos. 325 or 326 above. | |
| 336 | 7. A delegation with the right to vote may give to another delegation with the right to vote a mandate to exercise its vote at one or more meetings at which it is unable to be present. In such a case it shall, in good time, notify the Chairman of the conference in writing. | |
| 337 | 8. A delegation may not exercise more than one proxy vote. | |
| 338 | 9. Credentials and transfers of powers sent by telegram shall not be accepted. Nevertheless, replies sent by telegram to requests by the Chairman or the secretariat of the conference for clarification of credentials shall be accepted. | |
| 339 | 10. A Member State or an authorized entity or organization intending to send a delegation or representatives to a telecommunication standardization assembly, a telecommunication development conference or a radiocommunication assembly shall so inform the Director of the Bureau of the Sector concerned, indicating the names and functions of the members of the delegation or of the representatives. | |
| deleted. Chapter III | ||
| Article 32 | ||
| Rules of Procedure of Conferences | ||
| and Other Meetings | ||
| 339a | 1. The Rules of Procedure of conferences and other meetings are adopted by the Plenipotentiary Conference. The provisions governing the procedure for amending those Rules of Procedure and the entry into force of amendments are contained in the Rules themselves. | |
| 340 | 2. The Rules of Procedure shall apply without prejudice to the amendment provisions contained in Article 55 of the Constitution and in Article 42 of this Convention. | |
| Article 32a | ||
| Right to Vote | ||
| 340a | 1. At all meetings of a conference, assembly or other meeting, the delegation of a Member State duly accredited by that Member State to take part in the work of the conference, assembly or other meeting shall be entitled to one vote in accordance with Article 3 of the Constitution. | |
| 340b | 2. The delegation of a Member State shall exercise the right to vote under the conditions described in Article 31 of this Convention. | |
| 340c | 3. When a Member State is not represented by an administration at a radiocommunication assembly, a world telecommunication standardization assembly or a telecommunication development conference, the representatives of the recognised operating agencies of the Member State concerned shall, as a whole, and regardless of their number, be entitled to a single vote, subject to the provisions of No. 239 of this Convention. The provisions of Nos. 335 to 338 of this Convention concerning the transfer of powers shall apply to the above conferences and assemblies. | |
| Article 32b | ||
| Reservations | ||
| 340d | 1. As a general rule, any delegation whose views are not shared by the remaining delegations shall endeavour, as far as possible, to conform to the opinion of the majority. | |
| 340e | 2. Any Member State that, during a plenipotentiary conference, reserves its right to make reservations as specified in its declaration when signing the final acts, may make reservations regarding an amendment to the Constitution or to this Convention until such time as its instrument of ratification, acceptance or approval of or accession to the amendment has been deposited with the Secretary-General. | |
| 340f | 3. If any decision appears to a delegation to be such as to prevent its government from consenting to be bound by the revision of the Administrative Regulations, this delegation may make reservations, final or provisional, regarding that decision, at the end of the conference adopting that revision; any such reservations may be made by a delegation on behalf of a Member State which is not participating in the competent conference and which has given that delegation proxy powers to sign the final acts in accordance with the provisions of Article 31 of this Convention. | |
| 340g | 4. A reservation made following a conference shall only be valid if the Member State which made it formally confirms it when notifying its consent to be bound by the amended or revised instrument adopted by the conference at the close of which it made the reservation in question. | |
| 341- | ||
| 467 | deleted. | |
| Chapter IV | ||
| OTHER PROVISIONS | ||
| Article 33 | ||
| Finances | ||
| 468 | 1. (1) The scale from which each Member State, subject to the provisions of No. 468a below, and Sector Member, subject to the provisions of No. 468b below, shall choose its class of contribution, in conformity with the relevant provisions of Article 28 of the Constitution, shall be as follows: | |
| 40 unit class | 8 unit class | |
| 35 unit class | 5 unit class | |
| 30 unit class | 4 unit class | |
| 28 unit class | 3 unit class | |
| 25 unit class | 2 unit class | |
| 23 unit class | 1 1/2 unit class | |
| 20 unit class | 1 unit class | |
| 18 unit class | 1/2 unit class | |
| 15 unit class | 1/4 unit class | |
| 13 unit class | 1/8 unit class | |
| 10 unit class | 1/16 unit class | |
| 468a | (1bis) Only Member States listed by the United Nations as least developed countries and those determined by the Council may select the l/8 and 1/16 unit classes of contribution. | |
| 468b | (1ter) Sector Members may not select a class of contribution lower than 1/2 unit, with the exception of Sector Members of the Telecommunication Development Sector, which may select the 1/4, 1/8 and 1/16 unit classes. However, the 1/16 unit class is reserved for Sector Members of developing countries as determined by the list established by the United Nations Development Programme (UNDP) to be reviewed by the ITU Council. | |
| 469 | (2) In addition to the classes of contribution listed in No. 468 above, any Member State or Sector Member may choose a number of contributory units over 40. | |
| 470 | (3) The Secretary-General shall communicate promptly to each Member State not represented at the Plenipotentiary Conference the decision of each Member State as to the class of contribution to be paid by it. | |
| 471 | deleted. | |
| 472 | 2. (1) Every new Member State and Sector Member shall, in respect of the year of its accession or admission, pay a contribution calculated as from the first day of the month of accession or admission, as the case may be. | |
| 473 | (2) Should a Member State denounce the Constitution and this Convention or a Sector Member denounce its participation in a Sector, its contribution shall be paid up to the last day of the month in which such denunciation takes effect in accordance with No. 237 of the Constitution or No. 240 of this Convention, respectively. | |
| 474 | 3. The amounts due shall bear interest from the beginning of the fourth month of each financial year of the Union at 3% (three per cent) per annum during the following three months, and at 6% (six per cent) per annum from the beginning of the seventh month. | |
| 475 | deleted. | |
| 476 | 4. (1) The organizations referred to in Nos. 259 to 262a of this Convention and other organizations of an international character (unless they have been exempted by the Council, subject to reciprocity) and Sector Members (except when attending a conference or assembly of their respective Sector) which participate in a plenipotentiary conference, in a meeting of a Sector of the Union or in a world conference on international telecommunications shall share in defraying the expenses of the conferences and meetings in which they participate on the basis of the cost of these conferences and meetings and in accordance with the Financial Regulations. | |
| 477 | (2) Any Sector Member appearing in the lists mentioned in No. 237 of this Convention shall share in defraying the expenses of the Sector in accordance with Nos. 480 and 480a below. | |
| 478 and | ||
| 479 | deleted. | |
| 480 | (5) The amount of the contribution per unit payable towards the expenses of each Sector concerned shall be set at 1/5 of the contributory unit of the Member States. These contributions shall be considered as Union income. They shall bear interest in accordance with the provisions of No. 474 above. | |
| 480a | (5bis) When a Sector Member contributes to defraying the expenses of the Union under No. 159 of the Constitution, the Sector for which the contribution is made should be identified. | |
| 481 to | ||
| 483 | deleted. | |
| 483a | 4bis. Associates as described in No. 241a of this Convention shall share in defraying the expenses of the Sector and the study group and subordinate groups in which they participate, as determined by the Council. | |
| 484 | 5. The Council shall determine criteria for the application of cost recovery for some products and services of the Union. | |
| 485 | 6. The Union shall maintain a reserve account in order to provide working capital to meet essential expenditures and to maintain sufficient cash reserves to avoid resorting to loans as far as possible. The amount of the reserve account shall be fixed annually by the Council on the basis of expected requirements. At the end of each biennial budgetary period all budget credits which have not been expended or encumbered will be placed in the reserve account. Other details of this account are described in the Financial Regulations. | |
| 486 | 7. (1) The Secretary-General may, in agreement with the Coordination Committee, accept voluntary contributions in cash or kind, provided that the conditions attached to such voluntary contributions are consistent, as appropriate, with the purposes and programmes of the Union and with the programmes adopted by a conference and in conformity with the Financial Regulations, which shall contain special provisions for the acceptance and use of such voluntary contributions. | |
| 487 | (2) Such voluntary contributions shall be reported by the Secretary-General to the Council in the financial operating report as well as in a summary indicating for each case the origin, proposed use and action taken with respect to each voluntary contribution. | |
| Article 34 | ||
| Financial Responsibilities of Conferences | ||
| 488 | 1. Before adopting proposals or taking decisions with financial implications, the conferences of the Union shall take account of all the Union's budgetary provisions with a view to ensuring that they will not result in expenses beyond the credits which the Council is empowered to authorize. | |
| 489 | 2. No decision of a conference shall be put into effect if it will result in a direct or indirect increase in expenses beyond the credits that the Council is empowered to authorize. | |
| Article 35 | ||
| Languages | ||
| 490 | 1. (1) Languages other than those mentioned in the relevant provisions of Article 29 of the Constitution may be used: | |
| 491 | a) if an application is made to the Secretary-General to provide for the use of an additional language or languages, oral or written, on a permanent or an ad hoc basis, provided that the additional cost so incurred shall be borne by those Member States which have made or supported the application; | |
| 492 | b) if, at conferences and meetings of the Union, after informing the Secretary-General or the Director of the Bureau concerned, any delegation itself makes arrangements at its own expense for oral translation from its own language into any one of the languages referred to in the relevant provision of Article 29 of the Constitution. | |
| 493 | (2) In the case provided for in No. 491 above, the Secretary-General shall comply to the extent practicable with the application, having first obtained from the Member States concerned an undertaking that the cost incurred will be duly repaid by them to the Union. | |
| 494 | (3) In the case provided for in No. 492 above, the delegation concerned may, furthermore, if it wishes, arrange at its own expense for oral translation into its own language from one of the languages referred to in the relevant provision of Article 29 of the Constitution. | |
| 495 | 2. Any of the documents referred to in the relevant provisions of Article 29 of the Constitution may be published in languages other than those specified therein, provided that the Member States requesting such publication undertake to defray the whole of the cost of translation and publication involved. | |
| Chapter V | ||
| VARIOUS PROVISIONS RELATED TO THE OPERATION OF | ||
| TELECOMMUNICATION SERVICES | ||
| Article 36 | ||
| Charges and Free Services | ||
| 496 | The provisions regarding charges for telecommunications and the various cases in which free services are accorded are set forth in the Administrative Regulations. | |
| Article 37 | ||
| Rendering and Settlement of Accounts | ||
| 497 | 1. The settlement of international accounts shall be regarded as current transactions and shall be effected in accordance with the current international obligations of the Member States and Sector Members concerned in those cases where their governments have concluded arrangements on this subject. Where no such arrangements have been concluded, and in the absence of special agreements made under Article 42 of the Constitution, these settlements shall be effected in accordance with the Administrative Regulations. | |
| 498 | 2. Administrations of Member States and Sector Members which operate international telecommunication services shall come to an agreement with regard to the amount of their debits and credits. | |
| 499 | 3. The statement of accounts with respect to debits and credits referred to in No. 498 above shall be drawn up in accordance with the provisions of the Administrative Regulations, unless special arrangements have been concluded between the parties concerned. | |
| Article 38 | ||
| Monetary Unit | ||
| 500 | In the absence of special arrangements concluded between Member States, 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: | |
| - either the monetary unit of the International Monetary Fund | ||
| - or the gold franc, | ||
| both as defined in the Administrative Regulations. The provisions for application are contained in Appendix 1 to the International Telecommunication Regulations. | ||
| Article 39 | ||
| Intercommunication | ||
| 501 | 1. Stations performing radiocommunication in the mobile service shall be bound, within the limits of their normal employment, to exchange radiocommunications reciprocally without distinction as to the radio system adopted by them. | |
| 502 | 2. Nevertheless, in order not to impede scientific progress, the provisions of No. 501 above shall not prevent the use of a radio system incapable of communicating with other systems, provided that such incapacity is due to the specific nature of such system and is not the result of devices adopted solely with the object of preventing intercommunication. | |
| 503 | 3. Notwithstanding the provisions of No. 501 above, a station may be assigned to a restricted international service of telecommunication, determined by the purpose of such service, or by other circumstances independent of the system used. | |
| Article 40 | ||
| Secret Language | ||
| 504 | 1. Government telegrams and service telegrams may be expressed in secret language in all relations. | |
| 505 | 2. Private telegrams in secret language may be admitted between all Member States with the exception of those which have previously notified through the Secretary-General, that they do not admit this language for that category of correspondence. | |
| 506 | 3. Member States which do not admit private telegrams in secret language originating in or destined for their own territory must let them pass in transits except in the case of suspension of service provided for in Article 35 of the Constitution. | |
| Chapter VI | ||
| ARBITRATION AND AMENDMENT | ||
| Article 41 | ||
| Arbitration: Procedure | ||
| (see Article 56 of the Constitution) | ||
| 507 | 1. The party which appeals to arbitration shall initiate the arbitration procedure by transmitting to the other party to the dispute a notice of the submission of the dispute to arbitration. | |
| 508 | 2. The parties shall decide by agreement whether the arbitration is to be entrusted to individuals, administrations or governments. If within one month after notice of submission of the dispute to arbitration, the parties have been unable to agree upon this point, the arbitration shall be entrusted to governments. | |
| 509 | 3. If arbitration is to be entrusted to individuals, the arbitrators must neither be nationals of a State party to the dispute, nor have their domicile in the States parties to the dispute, nor be employed in their service. | |
| 510 | 4. If arbitration is to be entrusted to governments, or to administrations thereof, these must be chosen from among the Member States which are not involved in the dispute, but which are parties to the agreement, the application of which caused the dispute. | |
| 511 | 5. Within three months from the date of receipt of the notification of the submission of the dispute to arbitration, each of the two parties to the dispute shall appoint an arbitrator. | |
| 512 | 6. If more than two parties are involved in the dispute, an arbitrator shall be appointed in accordance with the procedure set forth in Nos. 510 and 511 above, by each of the two groups of parties having a common position in the dispute. | |
| 513 | 7. The two arbitrators thus appointed shall choose a third arbitrator who, if the first two arbitrators are individuals and not governments or administrations, must fulfil the conditions indicated in No. 509 above, and in addition must not be of the same nationality as either of the other two arbitrators. Failing an agreement between the two arbitrators as to the choice of a third arbitrator, each of these two arbitrators shall nominate a third arbitrator who is in no way concerned in the dispute. The Secretary-General shall then draw lots in order to select the third arbitrator. | |
| 514 | 8. The parties to the dispute may agree to have their dispute settled by a single arbitrator appointed by agreement; or alternatively, each party may nominate an arbitrator, and request the Secretary-General to draw lots to decide which of the persons so nominated is to act as the single arbitrator. | |
| 515 | 9. The arbitrator or arbitrators shall be free to decide upon the venue and the rules of procedure to be applied to the arbitration. | |
| 516 | 10. The decision of the single arbitrator shall be final and binding upon the parties to the dispute. If the arbitration is entrusted to more than one arbitrator, the decision made by the majority vote of the arbitrators shall be final and binding upon the parties. | |
| 517 | 11. Each party shall bear the expense it has incurred in the investigation and presentation of the arbitration. The costs of arbitration other than those incurred by the parties themselves shall be divided equally between the parties to the dispute. | |
| 518 | 12. The Union shall furnish all information relating to the dispute which the arbitrator or arbitrators may need. If the parties to the dispute so agree, the decision of the arbitrator or arbitrators shall be communicated to the Secretary-General for future reference purposes. | |
| Article 42 | ||
| Provisions for Amending this Convention | ||
| 519 | 1. Any Member State may propose any amendment to this Convention. Any such proposal shall, in order to ensure its timely transmission to, and consideration by, all the Member States, reach the Secretary-General not later than eight months prior to the opening date fixed for the Plenipotentiary Conference. The Secretary-General shall, as soon as possible, but not later than six months prior to the latter date, forward any such proposal to all the Member States. | |
| 520 | 2. Any proposed modification to any amendment submitted in accordance with No. 519 above may, however, be submitted at any time by a Member State or by its delegation at the Plenipotentiary Conference. | |
| 521 | 3. The quorum required at any Plenary Meeting of the Plenipotentiary Conference for consideration of any proposal for amending this Convention or modification thereto shall consist of more than one half of the delegations accredited to the Plenipotentiary Conference. | |
| 522 | 4. To be adopted, any proposed modification to a proposed amendment as well as the proposal as a whole, whether or not modified, shall be approved, at a Plenary Meeting, by more than half of the delegations accredited to the Plenipotentiary Conference which have the fight to vote. | |
| 523 | 5. Unless specified otherwise in the preceding paragraphs of the present Article, which shall prevail, the general provisions regarding conferences and assemblies contained in this Convention and the Rules of Procedure of conferences and other meetings shall apply. | |
| 524 | 6. Any amendments to this Convention adopted by a plenipotentiary conference shall, as a whole and in the form of one single amending instrument, enter into force at a date fixed by the conference between Member States having deposited before that date their instrument of ratification, acceptance or approval of, or accession to, both this Convention and the amending instrument. Ratification, acceptance or approval of, or accession to, only a part of such an amending instrument shall be excluded. | |
| 525 | 7. Notwithstanding No. 524 above, the Plenipotentiary Conference may decide that an amendment to this Convention is necessary for the proper implementation of an amendment to the Constitution. In that case, the amendment to this Convention shall not enter into force prior to the entry into force of the amendment to the Constitution. | |
| 526 | 8. The Secretary-General shall notify all Member States of the deposit of each instrument of ratification, acceptance, approval or accession. | |
| 527 | 9. After entry into force of any such amending instrument, ratification, acceptance, approval or accession in accordance with Articles 52 and 53 of the Constitution shall apply to this Convention as amended. | |
| 528 | 10. After the entry into force of any such amending instrument, the Secretary-General shall register it with the Secretariat of the United Nations, in accordance with the provisions of Article 102 of the Charter of the United Nations. No. 241 of the Constitution shall also apply to any such amending instrument. | |
| Annex | ||
| Definition Of Certain Terms Used In This Convention | ||
| And The Administrative | ||
| Regulations Of The International Telecommunication Union | ||
| For the purpose of the above instruments of the Union, the following terms shall have the meanings defined below: | ||
| 1001 | Expert: | A person sent by either: |
| a) the Government or the | ||
| administration of his | ||
| country, or | ||
| b) an entity or an organization | ||
| authorized in accordance | ||
| with Article 19 of this | ||
| Convention, or | ||
| c) an international organization | ||
| to participate in tasks of the | ||
| Union relevant to his area | ||
| of professional competence. | ||
| 1002 | Observer: | A person sent by: |
| - the United Nations, a | ||
| specialised agency of the | ||
| United Nations, the Interna- | ||
| tional Atomic Energy Agency, | ||
| a regional telecommunication | ||
| organization, or an intergo- | ||
| vernmental organization | ||
| operating satellite systems, | ||
| to participate, in an advisory | ||
| capacity, in a plenipotentiary | ||
| conference a conference or | ||
| a meeting of a Sector, | ||
| - an international organi- | ||
| zation to participate, in an | ||
| advisory capacity, in a | ||
| conference or a meeting of | ||
| a Sector, | ||
| - the government of a | ||
| Member State to participate, | ||
| in a non-voting capacity, in | ||
| a regional conference, or | ||
| - a Sector Member referred | ||
| to in Nos. 229 or 231 of the | ||
| Convention or an organiza- | ||
| tion of an international cha- | ||
| racter representing such | ||
| Sector Members, | ||
| in accordance with the | ||
| relevant provisions of this | ||
| Convention. | ||
| 1003 | Mobile | A radiocommunication |
| Service: | service between mobile and | |
| land stations, or between | ||
| mobile stations. | ||
| 1004 | Scientific or | Any organization, other than |
| Industrial | a governmental establishment | |
| Organization: | or agency, which is engaged | |
| in the study of telecommu- | ||
| nication problems or in the | ||
| design or manufacture of | ||
| equipment intended for | ||
| telecommunication services. | ||
| 1005 | Radiocom- | Telecommunication by |
| munication: | means of radio waves. | |
| Note 1: | Radio waves are electromag- | |
| netic waves of frequencies | ||
| arbitrarily lower than | ||
| 3 000 GHz, propagated in | ||
| space without artificial guide. | ||
| Note 2: | For the requirements of Nos. | |
| 149 to 154 of this Conven- | ||
| tion, the term "radiocommu- | ||
| nication" also includes tele- | ||
| communications using elec- | ||
| tromagnetic waves of fre- | ||
| quencies above 3 000 GHz, | ||
| propagated in space without | ||
| artificial guide. | ||
| 1006 | Service | A telecommunication that |
| Telecommu- | relates to public international | |
| nication: | telecommunications and that | |
| is exchanged among the | ||
| following: | ||
| - administrations, | ||
| - recognized operating | ||
| agencies, and | ||
| - the Chairman of the | ||
| Council, the Secretary- | ||
| General, the Deputy | ||
| Secretary-General, the | ||
| Directors of the Bureaux, | ||
| the members of the Radio | ||
| Regulations Board, and | ||
| other representatives or | ||
| authorized officials of the | ||
| Union, including those | ||
| working on official matters | ||
| outside the seat of the Union. |