    [Senate Treaty Document 104-34]
    [From the U.S. Government Publishing Office]

    104th Congress                                              Treaty Doc.
                                  SENATE
     2d Session                                                      104-34
    _______________________________________________________________________

    CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION

                                   ----------

                                    MESSAGE

                                      from

                       THE PRESIDENT OF THE UNITED STATES

                                  transmitting

      CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION
     UNION (ITU), WITH ANNEXES, SIGNED AT GENEVA ON DECEMBER 22, 1992, AND
       AMENDMENTS TO THE CONSTITUTION AND CONVENTION, SIGNED AT KYOTO ON
     OCTOBER 14, 1994, TOGETHER WITH DECLARATIONS AND RESERVATIONS BY THE
                  UNITED STATES AS CONTAINED IN THE FINAL ACTS

      September 13, 1996.--Constitution and Convention was read the first
       time and, together with the accompanying papers, referred to the
    Committee on Foreign Relations and ordered to be printed for the use of
                                  the Senate.

    CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION

    104th Congress                                              Treaty Doc.
                                  SENATE
     2d Session                                                      104-34
    _______________________________________________________________________

                      CONSTITUTION AND CONVENTION OF THE

                     INTERNATIONAL TELECOMMUNICATION UNION

                                   __________

                                    MESSAGE

                                      from

                       THE PRESIDENT OF THE UNITED STATES

                                  transmitting

      CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION
     UNION (ITU), WITH ANNEXES, SIGNED AT GENEVA ON DECEMBER 22, 1992, AND
       AMENDMENTS TO THE CONSTITUTION AND CONVENTION, SIGNED AT KYOTO ON
     OCTOBER 14, 1994, TOGETHER WITH DECLARATIONS AND RESERVATIONS BY THE
                  UNITED STATES AS CONTAINED IN THE FINAL ACTS

      September 13, 1996.--Constitution and Convention was read the first
       time and, together with the accompanying papers, referred to the
    Committee on Foreign Relations and ordered to be printed for the use of
                                  the Senate.

                             LETTER OF TRANSMITTAL

                                  ----------

                                   The White House, September 13, 1996.
    To the Senate of the United States:
        With a view to receiving the advice and consent of the
    Senate to ratification, I transmit herewith the Constitution
    and Convention of the International Telecommunication Union
    (ITU), with Annexes, signed at Geneva on December 22, 1992, and
    amendments to the Constitution and Convention, signed at Kyoto
    on October 14, 1994, together with declarations and
    reservations by the United States as contained in the Final
    Acts. I transmit also, for the information of the Senate, the
    report of the Department of State with respect to the
    Constitution and Convention and the amendments thereto.
        The 1992 Constitution and Convention replace the ITU
    Convention signed in Nairobi in 1982. Prior to the 1992
    Constitution and Convention, the ITU Convention had been
    routinely replaced at successive Plenipotentiary Conferences
    every 5 to 10 years. The 1992 Constitution and Convention
    represent the first basic instruments of the ITU intended to be
    permanent. Basic provisions on the organization and structure
    of the ITU and fundamental substantive rules governing
    international telecommunications matters are embodied in the
    Constitution. The ITU Convention is comprised of provisions on
    the functioning of the ITU and its constituent parts.
        The 1992 Constitution and Convention reflect the effort by
    ITU Member countries to restructure the ITU to make it more
    effective in responding to the changes taking place in
    telecommunications. The United States is pleased with the
    restructuring of the ITU. The changes adopted are expected to
    enable the ITU to meet challenges brought on by the dynamic
    telecommunications environment.
        The 1994 ITU Plenipotentiary Conference was convened less
    than 4 months after the entry into force of the Constitution
    and Convention to amend the 1992 Constitution and Convention.
    Recognizing that more time should be allowed to evaluate the
    extensive changes to the structure of the ITU, the Conference
    adopted only a few minor amendments, which were acceptable to
    the United States.
        In signing the 1992 Constitution and Convention and the
    1994 amendments, the United States made certain declarations
    and reservations. The specific declarations and reservations
    are discussed in the report of the Department of State.
        The 1992 Constitution and Convention entered into force
    July 1, 1994, for states which, by that date, had notified the
    Secretary General of the ITU of their approval thereof and, in
    the same manner, the amendments to the Constitution and
    Convention entered into force on January 1, 1996.
        Subject to the U.S. declarations and reservations mentioned
    above, I believe the United States should be a party to the ITU
    Constitution and Convention, as amended. They will improve the
    efficiency of management of the ITU and will allow it to be
    more responsive to the needs of the United States Government
    and private sector. It is my hope that the Senate will take
    early action on this matter and give its advice and consent to
    ratification.

                                                    William J. Clinton.

                              LETTER OF SUBMITTAL

                                  ----------

                                           Department of State,
                                             Washington, July 15, 1996.
    The President,
    The White House.
        The President: I have the honor to submit to you, with a
    view to transmission to the Senate for advice and consent to
    ratification, the Constitution and Convention of the
    International Telecommunication Union (ITU), with annexes,
    signed by the United States at a Plenipotentiary Conference at
    Geneva on December 22, 1992; Amendments to the Constitution and
    Convention, signed by the United States at Kyoto on October 14,
    1994; and U.S. declarations and reservations, as contained in
    the Declarations and Reservations made by participating Member
    countries at the end of the Geneva and Kyoto Conferences.
        The texts of the 1992 Constitution and Convention, with
    annexes and U.S. declarations and reservations, are contained
    in a bound volume, which also includes texts of the following
    documents that do not require ratification by the United
    States: (1) declarations and reservations of other governments;
    (2) an Optional Protocol to the Convention; (3) Resolutions;
    and (4) a Recommendation. The certified English language texts
    of the 1992 Constitution and Convention and other Acts are
    submitted herewith. Certified copies of the texts in Arabic,
    Chinese, French, Russian, and Spanish are also available.
        The texts of the 1994 Amendments to the Constitution and
    Convention, with U.S. declarations and reservations, also are
    contained in a bound volume which includes other documents that
    do not require ratification by the United States. The certified
    English language texts of the 1994 Final Acts are submitted
    herewith. Certified copies of the texts in Arabic, Chinese,
    French, Russian, and Spanish are also available.
        The ITU, with over 180 member States, is the United Nations
    specialized agency responsible for international
    telecommunications. The ITU is the principal global forum for
    telecommunication standardization activities, for management
    and use of the radio spectrum, and for promoting and offering
    technical assistance in the field of telecommunications to
    developing countries. At their 1989 Plenipotentiary Conference,
    ITU Members, while adopting a Constitution and Convention,
    decided to create a High-Level Committee (HLC) to examine the
    structure and functioning of the ITU and to make
    recommendations on changing the ITU to ensure that it could
    effectively deal with the rapidly changing telecommunications
    environment, including the introduction of new technologies and
    services. The United States was one of the 21 ITU Members on
    the HLC. The HLC issued a report entitled ``Tomorrow's ITU: The
    Challenges of Change'' that recognized the rapid changes in
    telecommunication technologies and services and made numerous
    recommendations aimed at restructuring the ITU so that the ITU
    would continue to play its leading role in world
    telecommunications. The United States generally supported the
    recommendations of the HLC and their implementation.
        The 1992 Geneva Conference was convened to consider
    proposals by ITU Member countries concerning the restructuring
    of the ITU. Proposals were based on the recommendations of the
    HLC as well as the views of Member countries. The 1992
    Conference decided to recommend that ITU Members not bring the
    1989 ITU Constitution and Convention into force, but that they
    instead adopt full texts of a Constitution and a Convention
    that could be amended as necessary, by future Plenipotentiary
    Conferences.
        The basic principles regarding the organization and
    structure of the ITU and fundamental substantive rules
    governing international telecommunications are embodied in the
    1992 Constitution. The 1992 Convention, which is comprised of
    provisions on the functioning of the ITU, is intended to be
    more easily modified and thus more flexible.
        The 1992 Constitution and Convention restructure the ITU by
    establishing three sectors--Radiocommunication,
    Telecommunication Standardization and Telecommunication
    Development--that replace the previous permanent organs. Each
    sector is headed by a Director who is elected by the Members at
    Plenipotentiary Conferences. The division of work among the
    three sectors is similar to the division under the 1982 Nairobi
    Convention and interim resolutions. New procedures have been
    added to permit more rapid consideration and adoption of
    recommended standards. Some issues that were previously
    considered radiocommunication issues are now being addressed
    with similar issues under the purview of the Telecommunication
    Standardization Sector. The restructuring is intended to enable
    the ITU to respond more effectively to the changing
    telecommunications environment and to meet the needs of Member
    governments and telecommunication entities that participate in
    the work of the Union.
        The meetings and conferences of the ITU are renamed and, in
    most cases, there are changes in their mandate. The ITU
    Administrative Council, which was the governing body of the ITU
    in the interval between plenipotentiary conferences, is now
    called the ITU Council. (See Constitution, Article 10.) The
    Council has more responsibility than did the Administrative
    Council to consider broad telecommunication policy issues,
    including the strategic plan of the ITU.
        Chapter II of the Constitution (Articles 12-16) sets forth
    the provisions concerning the Radiocommunication Sector. World
    Administrative Radio Conferences, which were convened as
    necessary to consider changes to the Radio Regulations
    concerning specific communication services (mobile,
    broadcasting, or space services) or the Radio Regulations in
    general, are replaced by World Radiocommunication Conferences
    which are held every two years to consider any subject within
    their competence and on the agenda. (See Article 13.) World
    Radiocommunication Conferences amend the Radio Regulations,
    which contain provisions regulating the use of the radio
    spectrum and geostationary orbital positions vital for the
    continuing operation of existing systems and for the early
    introduction of new and innovative radio technologies. For U.S.
    companies that are leading the world in the development and
    introduction of new services, the two-year cycle will allow
    proposals for the allocation of radio spectrum for these
    services to be introduced and considered more rapidly.
        Plenary Assemblies of the International Radio Consultative
    Committee, which were held every four years to approve
    recommendations, i.e., standards for radiocommunication
    services, are now called Radiocommunication Assemblies. They
    are to be held every two years in association with World
    Radiocommunication Conferences. (See Article 13.)
        The five-member, full-time elected International Frequency
    Registration Board, which was responsible for the examination
    and registration of radio frequency assignments, is replaced by
    an elected nine-member, part-time Radio Regulations Board
    within the Radiocommunication Sector. (See Article 14.) The
    Radio Regulations Board approves the Rules of Procedure used by
    the director and the bureau in applying the Radio Regulations
    to register frequency assignments made by Members and considers
    certain matters that cannot be resolved through application of
    the Rules of Procedure.
        The Telecommunication Standardization Sector is addressed
    in Chapter III (Articles 17-20) of the Constitution. The
    Plenary Assemblies of the International Telegraph and Telephone
    Consultative Committee, which met every four years to approve
    recommendations for technical, operational and tariff questions
    related to telecommunication services, are replaced by World
    Telecommunication Standardization Conferences (Article 18),
    which also will meet every four years. The change in title of
    these conferences reflects the fact that the sector now deals
    with a broad range of rapidly evolving telecommunications
    services over both the public switched network and private
    lines, as well as such issues as numbering plans and
    international settlement of accounts. Provision was also made
    for convening World Conferences on International
    Telecommunications (Article 25) at infrequent intervals to
    consider basic issues pertaining to the provision of
    telecommunications services, including those covered by the
    binding International Telecommunication Regulations.
        Chapter VI of the Constitution (Articles 21-24) covers the
    Telecommunications Development Sector. This sector replaces the
    Telecommunication Development Bureau, which was established by
    resolution at the 1989 Nice Plenipotentiary Conference to
    facilitate and enhance telecommunications development. World
    and regional Telecommunication Development Conferences,
    established by resolution in Nice, will continue to be
    convened. The world conferences are held approximately every
    four years; the frequency of regional conferences is to depend
    on availability of resources and need.
        The entities and organizations authorized to participate in
    the work of the sectors of the ITU were expanded by Article 19
    of the Convention to include, inter alia, scientific and
    technical organizations, financial or development institutions
    and other entities dealing with telecommunication matters that
    are approved by member states. Certain rights and related
    obligations (including financial obligations) of these entities
    and organizations are also established in the Constitution and
    Convention. Pursuant to Article 19 of the Convention, the ITU
    Council is to develop criteria and procedures for entities
    dealing with telecommunication matters to participate in ITU
    activities.
        Additionally, to enhance the participation of those
    entities and organizations described in Article 19(1) of the
    Convention in the activities of the Union and to provide them a
    role in determining the priorities of the study groups in the
    Radiocommunication and Telecommunication Standardization
    Sectors (Convention, Articles 11 and 14), the 1992
    Plenipotentiary Conference established advisory groups for
    those two sectors. This will help to ensure that the ITU is
    responsive to the needs of Member countries and to private
    sector participants in the ITU. In addition, the Director of
    the Telecommunication Development Sector is to receive advice
    from an advisory board (Convention, Article 18). The purpose of
    each Advisory Group is to review the priorities and strategies
    of its sector and to make recommendations to the directors.
        The 1992 Constitution and Convention also make significant
    changes to the management of the ITU designed to increase its
    effectiveness and responsiveness.
      --Articles 4 and 5 of the Convention establish a two-year
            budget cycle instead of the past one-year cycle and
            mandate the establishment of a strategic plan for the
            ITU. The ITU Secretariat is also instructed to prepare
            an annual strategic policy and planning report for the
            ITU Council and the ITU Council is to consider the
            report each year.
      --Article 55 of the Constitution and Article 42 of the
            Convention allow amendments to enter into force for
            countries that have ratified or approved the amendments
            at a date fixed by the adopting plenipotentiary
            conference rather than after two-thirds of the Members
            have deposited instruments of ratification, acceptance
            or approval, or accession as had been adopted at the
            Nice Plenipotentiary Conference.
        The 1994 Kyoto Plenipotentiary Conference was convened less
    than four months after the entry into force of the 1992
    Constitution and Convention. There were a number of proposals
    to amend the new Constitution and Convention--to correct
    oversights; to refine the 1992 changes; to further restructure
    the ITU; and, in some instances, to revert to provisions in the
    earlier Convention (Nairobi, 1982). After much deliberation,
    the Conference rejected the vast majority of the proposals to
    amend the Constitution and Convention in part because there was
    a consensus that more time should be allowed to evaluate the
    extensive changes to the structure of the ITU which had only
    recently taken effect and in part because many of the proposals
    were substantively flawed. There were only minor changes made
    to the Constitution and Convention concerning the function of
    the Plenipotentiary Conference, elections, and finances. An
    amendment to the Convention--strongly supported by the U.S.
    private sector--provides for the ITU's Secretary-General to
    invite private sector entities and organizations described in
    Article 19(1) to send observers to Plenipotentiary Conferences.
    The changes are acceptable to the United States.
        Article 4 of the 1992 Constitution provides that the
    Constitution and Convention are ``complemented by'' the
    Administrative Regulations--the International Telecommunication
    Regulations and the Radio Regulations--``which regulate the use
    of telecommunications and are binding on all Members.'' Article
    54 of the 1992 Constitution establishes mechanisms for the
    entry into force of Administrative Regulations adopted by
    competent World Conferences subsequent to the date of signature
    of the 1992 Constitution and Convention.
        ITU practice provides for declarations and reservations to
    be submitted by governments prior to signature of instruments
    adopted by a conference, for inclusion in the Final Acts of the
    conference. In 1992, the United States submitted three
    declarations and reservations, which are included in the 1992
    Final Acts. The first (Number 68) incorporates by reference
    reservations and declarations from previous administrative
    conferences and reserves the right to make additional specific
    reservations at the time of deposit of its instrument of
    ratification to the Constitution and Convention. The full text
    reads as follows:

              The United States of America reiterates and
            incorporates by reference all reservations and
            declarations made at world administrative conferences.
              The United States of America does not by signature by
            any subsequent ratification of the Constitution and the
            Convention of the International Telecommunication Union
            (Geneva, 1992) consent to be bound by the
            Administrative Regulations adopted prior to the date of
            signature of these Final Acts. Nor shall the United
            States of America be deemed to have consented to be
            bound by revisions of the Administrative Regulations,
            whether partial or complete revisions, adopted
            subsequent to the date of signature of these Final
            Acts, without specific notification to the
            International Telecommunication Union by the United
            States of America of its consent to be bound.
              Finally, the United States of America refers to
            Article 32, paragraph 16 of the Convention and notes
            that in considering the Constitution and Convention,
            the United States may find it necessary to make
            additional reservations. Accordingly, the United States
            of America reserves the right to make additional
            specific reservations at the time of deposit of its
            instrument of ratification to the Constitution and the
            Convention.

        The second (Number 73), in which the United States joined
    with 26 other countries, was in response to statements by
    Colombia and Kenya and reaffirms the Declarations made

              * * * when signing the Final Acts of the World
            Administrative Radio Conference (Geneva, 1979), and the
            World Administrative Radio Conference on the Use of the
            Geostationary-Satellite Orbit and the Planning of Space
            Services Utilizing It (first and second sessions,
            Geneva, 1985 and 1988), the Plenipotentiary Conference
            of the International Telecommunication Union (Nice,
            1989) and in the Final Protocol of the International
            Telecommunication Convention (Nairobi, 1982) as if
            these Declarations were here repeated in full.
              The above-mentioned Delegations also wish to state
            that reference in Article 44 of the Constitution to the
            ``geographical situation of particular countries'' does
            not imply a recognition of claim to any preferential
            rights to the geostationary-satellite orbit.

        The third (Number 82) reads:

              The United States of America refers to Declarations
            made by various Members reserving their rights to take
            any such actions as they may consider necessary to
            safeguard their interests in response to reservations
            by other countries which jeopardize their interests,
            application of provisions of the Constitution and
            Convention (Geneva, 1992) which adversely affect their
            interests, and other Members not sharing in defraying
            the expenses of the Union. The United States of America
            reserves the right to take whatever measures it may
            consider necessary to safeguard United States interests
            in response to such actions.

        In 1994, the United States made four declarations and
    reservations that are included in the Final Acts of the Kyoto
    Conference. The first two (Numbers 84 and 92) substantively
    restate and reaffirm U.S. declarations and reservations made in
    Numbers 68 and 73 at the 1992 Plenipotentiary Conference.
        The third (Number 97) in 1994 addresses a misleading
    statement submitted by a number of countries regarding the
    status of amendments to the Administrative Regulations. The
    United States submitted a declaration in response as follows:

              The United States of America refers to Declaration 80
            made by many delegations. The United States of America
            notes that the United States of America does not agree
            with various points in that Declaration and that
            Declaration No. 80, which is prospective in nature, was
            not made at the time of signature of the Constitution
            and the Convention of the International
            Telecommunication Union (Geneva, 1992) and does not
            affect the application to the United States of America
            of Article 54 of the Constitution (Geneva, 1992).

        The fourth (Number 98) in 1994 was in response to a
    statement by Cuba reserving its right to take any steps that it
    may deem necessary against U.S. radio and television
    broadcasting to Cuba and denouncing U.S. use of radio
    frequencies at Guantanamo, Cuba. It reads as follows:

              The United States of America, noting the Statement
            (No. 40) entered by the delegation of Cuba, recalls its
            rights to broadcast to Cuba on appropriate frequencies
            free of jamming or other wrongful interference and
            reserves its rights with respect to existing
            interference and any future interference by Cuba with
            United States broadcasting. Furthermore, the United
            States of America notes that its presence in Guantanamo
            is by virtue of an international agreement presently in
            force; the United States of American reserves the right
            to meet its radiocommunication requirements there as
            heretofore.

        The Department of State and the other agencies involved
    recommend that these declarations and reservations be confirmed
    in the U.S. instruments of ratification of the Constitution and
    Convention and of the amendments. In the view of the Department
    of State and other interested agencies, no additional
    reservations are necessary to protect U.S. interests.
        Ratifying the Constitution and Convention of the
    International Telecommunication Union, signed by the United
    States at Geneva, on December 22, 1992, along with the
    amendments thereto, signed by the United States at Kyoto on
    October 14, 1994, will enable the United States to continue to
    play a full and active role in the affairs of the ITU. (As of
    July 1, 1996, only those countries that have ratified the
    Constitution and Convention may vote in the ITU.)
        The 1992 ITU Constitution and Convention and the 1994
    Amendments will not require any implementing legislation on the
    part of the United States.
        The Federal Communications Commission; the National
    Telecommunications and Information Administration, Department
    of Commerce; the Department of Defense; and the United States
    Information Agency concur in my recommendation that the
    Constitution and Convention (Geneva, 1992), the amendments to
    the Constitution and Convention (Kyoto, 1994), with the U.S.
    declarations and reservations to those instruments, be
    submitted herewith be transmitted to the Senate for its
    consideration and advice and consent to ratification.
        Respectfully submitted,
                                                    Warren Christopher.