[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
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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.