    [Senate Treaty Document 108-28]
    [From the U.S. Government Publishing Office]

    108th Congress 2d Session        SENATE              Treaty Doc.
                                                            108-28
    _______________________________________________________________________

                       1995 REVISION OF RADIO REGULATIONS

                                   ----------

                                    MESSAGE

                                      from

                       THE PRESIDENT OF THE UNITED STATES

                                  transmitting

    1995 REVISION OF THE RADIO REGULATIONS, WITH APPENDICES, SIGNED BY THE
     UNITED STATES AT GENEVA ON NOVEMBER 17, 1995 (THE ``1995 REVISION''),
      TOGETHER WITH DECLARATIONS AND RESERVATIONS OF THE UNITED STATES AS
    CONTAINED IN THE FINAL ACTS OF THE WORLD RADIOCOMMUNICATION CONFERENCE
                                    (WRC-95)

     December 7, 2004.--Treaty 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

    108th Congress                                              Treaty Doc.
     2d Session                      SENATE                          108-28
    _______________________________________________________________________

                       1995 REVISION OF RADIO REGULATIONS

                                   __________

                                    MESSAGE

                                      from

                       THE PRESIDENT OF THE UNITED STATES

                                  transmitting

    1995 REVISION OF THE RADIO REGULATIONS, WITH APPENDICES, SIGNED BY THE
     UNITED STATES AT GENEVA ON NOVEMBER 17, 1995 (THE ``1995 REVISION''),
      TOGETHER WITH DECLARATIONS AND RESERVATIONS OF THE UNITED STATES AS
    CONTAINED IN THE FINAL ACTS OF THE WORLD RADIOCOMMUNICATION CONFERENCE
                                    (WRC-95)

     December 7, 2004.--Treaty 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, December 7, 2004.
    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 1995 Revision
    of the Radio Regulations, with appendices, signed by the United
    States at Geneva on November 17, 1995 (the ``1995 Revision''),
    together with declarations and reservations of the United
    States as contained in the Final Acts of the World
    Radiocommunication Conference (WRC-95). I transmit also, for
    the information of the Senate, the report of the Department of
    State concerning these revisions.
        The 1995 Revision, which was adopted at WRC-95, constitutes
    a revision of the International Telecommunication Union (ITU)
    Radio Regulations, to which the United States is a party. It
    provides for the simplification of the Radio Regulations, the
    introduction of new global mobile-satellite services, and new
    regulatory provisions both for non-geostationary satellites
    operating in the same frequency bands as geostationary
    satellites and for other new space services that share spectrum
    with the space research and terrestrial services.
        Subject to the U.S. declarations and reservations mentioned
    above, I believe the United States should become a party to the
    1995 Revision, which will facilitate the development of mobile-
    satellite and non-geostationary satellite orbit communication
    services by U.S. Government and industry. It is my hope that
    the Senate will take early action on this matter and give its
    advice and consent to ratification.
                                                        George W. Bush.

                              LETTER OF SUBMITTAL

                                  ----------

                                                   Department of State.
    The President,
    The White House.
        The President: I have the honor to submit to you, with the
    view to its transmission to the Senate for advice and consent
    to ratification, the Revision of the Radio Regulations, with
    appendices, signed by the United States on November 17, 1995
    (the ``1995 Revision''). I also have the honor to submit to you
    certain U.S. declarations and reservations that also require
    Senate advice and consent.
        The 1995 Revision was adopted at the World
    Radiocommunication Conference (WRC-95), held under the auspices
    of the International Telecommunication Union (ITU) at Geneva
    from October 23 to November 17, 1995. The text of the 1995
    Revision, with the U.S. declarations and reservations, is
    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) resolutions, and (3) recommendations. The
    certified English-language text of the 1995 Revision is
    submitted herewith. Certified copies of the Arabic, Chinese,
    French, Russian, and Spanish versions of the text are also
    available.
        The ITU is the United Nations specialized telecommunication
    agency with over 180 member countries. It is the principal
    forum for agreements on telecommunication standardization
    activities, management and use of the radio spectrum, and
    efforts to develop and expand worldwide telecommunications.
    Radio conferences often had limited agendas, and the consequent
    Radio Regulations had grown in patchwork fashion. The Voluntary
    Group of Experts (VGE) was established by the 1989
    Plenipotentiary Conference with the task of simplifying the
    Radio Regulations without making substantive alterations. The
    VGE produced a comprehensive report that contained an extensive
    number of recommendations for revision of the Radio
    Regulations. At the same time, advances in technology producing
    new operating requirements, as well as the need to simplify and
    provide consistency in the wording of the specialized
    provisions of the Radio Regulations, also had to be
    accommodated. The United States was an active participant in
    the work of the VGE and supported itsrecommendations for
    simplification of the Radio Regulations and improvement of the
    frequency allocation process while retaining existing rights and
    obligations of members. WRC-95 was convened as a wide-ranging
    conference to address international spectrum allocations and to
    simplify the Radio Regulations in accordance with the Report of the
    Voluntary Group of Experts. WRC-95 resulted in simplified, more
    cohesive Radio Regulations with specialized procedures amalgamated into
    generalized procedures where possible.
        The major spectrum allocation elements of the 1995 Revision
    are summarized below:

                  MOBILE-SATELLITE SERVICES (MSS) FEEDER LINKS

        The 1992 World Administrative Radio Conference (WARC-92)
    allocated spectrum in the vicinity of 1.6 and 2.4 GHz for MSS.
    Subsequent to WRC-92, the U.S. Federal Communications
    Commission (FCC) licensed three non-geostationary satellite
    orbit (NGSO) MSS systems to operate in these bands and had
    additional applications pending. A primary U.S. objective at
    WRC-95 was to obtain sufficient feeder link spectrum for U.S.
    licensed and about-to-be licensed NGSO-MSS systems and those of
    other administrations. WRC-95 made ample feeder link spectrum
    available for U.S. systems to proceed with launches and for
    implementation of service in the United States and to offer
    service to the rest of the world.

          NON-GEOSTATIONARY SATELLITE ORBIT-MOBILE SATELLITE SERVICES

        WARC-92 allocated 3.45 MHz of spectrum for Non-
    Geostationary Satellite Orbit-Mobile Satellite Services (NGSO-
    MSS) operating below 1 GHz. This was not sufficient to
    accommodate U.S. MSS systems or those of other administrations
    as they develop. The U.S. proposals to WRC-95 were to increase
    the allocations by 6.15 MHz. The U.S. proposals encountered
    severe opposition from European and Asian administrations which
    were concerned about sharing with existing terrestrial
    services. In the end, the United States was marginally
    successful. A worldwide allocation was obtained in the band
    399.9-400.05 MHz, a Western Hemisphere allocation was obtained
    in the bands 455-456 and 459-460 MHz, and the power flux
    density limit in the 148-149.9 MHz band worldwide allocation
    was removed. The result for the United States was a smaller
    increase in spectrum for NGSO-MSS below 1 GHz than it proposed
    along with the adoption of a resolution calling for additional
    studies on sharing of spectrum by NGSO-MSS with
    otherradiocommunication services. The resolution and the resulting
    studies were included on the agenda for WRC-97 so that that conference
    could consider the allocation of additional spectrum for NGSO-MSS below
    1 GHz.
        WARC-92 adopted a worldwide primary spectrum allocation in
    the vicinity of 2 GHz for use by the MSS. Subsequently, the FCC
    designated a portion of that spectrum for use by personal
    communication services. At WRC-95, the United States sought to
    compensate for the loss of the MSS spectrum by proposing a new
    worldwide primary allocation in the band 2010-2025 MHz and to
    add 2165-2170 MHz on a primary basis to Regions 1 (Europe and
    Africa) and 3 (Asia and Pacific). Also at issue was the date of
    entry into force of the MSS allocations. WRC-95 agreed to a
    regional allocation for the Americas in the band 2010-2025 MHz
    and the date of entry into force was changed to 2000 from 2005.

                             REGULATORY ALLOCATIONS

        At WARC-92 when frequency allocations were first introduced
    for NGSO space services, interim procedures for the
    coordination and notification of NGSO frequency assignments
    were adopted. At WRC-95, the United States proposed to extend
    the procedure to feeder links associated with NGSO-MSS networks
    and to reduce unnecessary coordination. Further, because U.S.
    companies were beginning to implement NGSO-MSS networks, the
    United States proposed that any modifications to procedures be
    made effective immediately upon the conclusion of the
    conference, as was done at WARC-92. The U.S. proposals were
    fully adopted.
        After the agenda for WRC-95 was established, the FCC
    received an application for a major new satellite service to
    deliver broadband data directly to the individual user. This
    new NGSO Fixed-Satellite Service (FSS), which operates in the
    20 and 30 GHz frequency bands, faced the same regulatory
    obstacles of NGSO-MSS systems. New regulatory measures were
    required for GSO and NGSO FSS satellite systems to equitably
    share the same frequency bands. The United States proposed that
    18.9-19.3 and 28.7-29.1 GHz, sub-bands in bands already
    allocated to the FSS, be specifically designated for NGSO-FSS.
    The United States also proposed ITU regulatory changes to allow
    these frequency band allocation changes to be implemented. The
    United States overcame considerable opposition to obtain a
    favorable decision that this issue was within the terms of
    reference of the conference. Once successful, it was ableto
    obtain 300 of the 400 MHz of requested spectrum in each of the bands
    and changes to the regulations necessary for the new services to
    proceed. The issue of the remaining 100 MHz in both bands was placed on
    the agenda for WRC-97. The U.S. success on this issue was a major
    accomplishment.

                                 SPACE SCIENCES

        With new space services being added to frequency bands
    already being used by space research and terrestrial services,
    it was necessary to establish power limits for satellites and
    earth stations to ensure that these new services provide
    adequate protection to existing services operating in the
    bands. Of particular importance to the United States was
    protection it obtained for fixed and mobile services in the
    2025-2110 MHz band. Additional protection was also obtained for
    space-based sensors and spaceborne precipitation radars used by
    the U.S. National Aeronautics and Space Administration.

                             BROADCASTING SERVICES

        The U.S. objectives for WRC-95 regarding the use of the
    high frequency (HF) broadcasting bands were to maintain the
    existing availability dates for the additional frequency bands
    allocated for HF broadcasting, to assure that there would be no
    detailed planning of the frequency bands allocated to the HF
    broadcasting service, and that future planning of the use of
    the HF broadcasting bands would be based on the work of the
    ITU-Radiocommunication task group. The United States obtained
    all of these objectives, which were of vital concern to the
    Voice of America (VOA). Through the years the VOA has worked
    hard to establish a laissez-faire international regulatory
    environment that gives VOA access to all of the frequencies
    that it needs to meet its broadcasting requirements. By
    obtaining the U.S. objectives, this environment was maintained.
        ITU practice provides for declarations and reservations to
    be submitted by governments prior to signature of the
    instruments to be adopted at a particular conference. In 1995,
    the United States submitted four declarations and reservations
    that are included in the 1995 Final Acts. These declarations
    and reservations require Senate advice and consent to
    ratification.
        The first (Number 67) reiterates the longstanding U.S.
    positions that it can only be considered bound by instruments
    adopted at an ITU Conference once it officiallynotifies the ITU
    of its consent to be bound and it reserves the right to make additional
    specific reservations at the time of deposit of the U.S. instrument of
    acceptance of the revisions to the Radio Regulations. It also declares
    that the conference unduly restricted allocations for MSS in certain
    frequency bands and that it will utilize these bands in the way most
    appropriate to its MSS requirements.
        The full text reads as follows:

        1. The United States of America shall not be deemed to have
    consented to be bound by revisions of the Radio Regulations
    adopted at this Conference without specific notification to the
    International Telecommunication Union by the United States of
    America of its consent to be bound.
        2. The United States of America refers to No. 445 and No.
    446 of the International Telecommunication Union Convention
    (Geneva, 1992) and notes that in considering the Final Acts of
    this World Radiocommunication Conference (Geneva, 1995), the
    United States of America may find it necessary to make
    additional declarations or reservations. Accordingly, the
    United States of America reserves the right to make additional
    specific declarations or reservations at the time of deposit of
    its notification to the International Telecommunication Union
    of its consent to be bound by the revisions to the Radio
    Regulations adopted by this World Radiocommunication
    Conference.
        3. The United States of America declares that, in view of
    the fact that the Conference has unduly restricted allocations
    for mobile-satellite services in the bands 1525--1559 MHz and
    1626.5-1660.5 MHz, it will utilize these bands in the way most
    appropriate to satisfy its particular mobilesatellite service
    requirements recognizing the priority of AMSS (R) and maritime
    safety communications.

        The second (Number 68), in which the United States was
    joined by the United Kingdom of Great Britain and Northern
    Ireland, concerned additional and unnecessary burdens of
    coordination between geostationary and non-geostationary
    mobile-satellite networks in certain frequency bands. Both
    governments refuse to accept any additional commitments for
    coordination. The full text reads as follows:

        Referring to the frequency range below 3 GHz concerning
    mobile-satellite services, it is necessary to note that
    proposals were put forward at this Conference to revise No.
    726D (S5.354) to the Table of Frequency Allocations in Article
    8 in order to avoid additional and unnecessary burdens of
    coordination between geostationary and nongeostationary mobile-
    satellite networks in the bands 1525-1559 MHz and 1626.5-1660.5
    MHz. There was insufficient time to consider these proposals at
    this Conference. Accordingly, the above administrations will
    not accept any additional commitments for coordination arising
    from No. 726D (S5.354). This reservation is made on behalf of
    all national and international organizations for whose
    frequency assignments the two countries are the notifying
    administrations.

        The third (Number 78), in which the United States joined 14
    other countries, was in response to a statement by Colombia
    concerning the use of the geostationary satellite orbit:

        The delegations of the above mentioned countries referring
    to the Declaration made by the Republic of Colombia (No. 16),
    inasmuch as this statement refers to the Bogota Declaration of
    3 December 1976 by equatorial countries and to the claims of
    those countries to exercise sovereign rights over segments of
    the geostationary-satellite orbit, and any similar statements,
    consider the claims in question cannot be recognized by this
    Conference. Further, the above-mentioned delegations wish to
    affirm or reaffirm the Declarations made on behalf of a number
    of the above-mentioned Administrations in this regard 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), in the Final Protocol of the International
    Telecommunication Convention (Nairobi, 1982) and the Final Acts
    of the Additional Plenipotentiary Conference (Geneva, 1992), 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 fourth (Number 82), was in response to several
    declarations by various delegations, including one by Cuba
    which incorporates by reference previous reservations and
    declarations concerning the United States. The response read as
    follows:

        With respect to Declarations 39, 50, 54, 59 and 64, the
    interpretation of the United States of America on the basis of
    which the majority of delegations to this Conference supported
    the United States of America and Indonesian proposals which
    resulted in Resolution 118 (WRC-95) is as follows:
        Any satellite system, GSO or non-GSO, communicated or
    notified to the Bureau before 18 November 1995 has a status
    derived from the date of notification or communication of
    information required for coordination or notification, as the
    case may be.
        As of 18 November 1995, Resolution 46 applies to all these
    systems and they shall be coordinated one system with respect
    to another system in the order of receipt of the information
    described above.
        With respect to the applicability of No. 2613 as agreed in
    Committee 4, No. 2613 is of an operational character and No.
    2613 and Resolution 46 are mutually exclusive.
        The United States of America reiterates and incorporates by
    reference all declarations or reservations made at prior world
    radiocommunication conferences and in particular with regard to
    Declaration 60 of this Conference.

        The Department of State and the other agencies involved
    recommend that these declarations and reservations be confirmed
    in the U.S. instrument of ratification to the 1995 Revision.
    The Department of State and the other interested agencies are
    of the view that no additional reservations are required. The
    1995 Revision will not require 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; the Broadcasting Board of Governors; the National
    Aeronautics and Space Administration; the Coast Guard; and the
    Federal Aviation Administration, Department of Transportation
    concur in my recommendation that the 1995 Revision, with the
    U.S. declarations and reservations thereto, be transmitted to
    the Senate for its consideration and advice and consent to
    ratification.
                Respectfully submitted.
                                                       Colin L. Powell.