[Senate Executive Report 110-18]
[From the U.S. Government Publishing Office]



110th Congress                                              Exec. Rept.
                                 SENATE
 2d Session                                                      110-18

======================================================================



 
    1992 PARTIAL REVISION AND 1995 REVISION OF THE RADIO REGULATIONS

                                _______
                                

               September 11, 2008.--Ordered to be printed

                                _______
                                

           Mr. Dodd, from the Committee on Foreign Relations,
                        submitted the following

                                 REPORT

             [To accompany Treaty Docs. 107-17 and 108-28]

    The Committee on Foreign Relations, to which was referred 
the 1992 Partial Revision of the Radio Regulations (Geneva, 
1979), with appendices, signed by the United States at Malaga-
Torremolinos on March 3, 1992, as contained in the Final Acts 
of the World Administrative Radio Conference for Dealing with 
Frequency Allocations in Certain Parts of the Spectrum (WARC-
92) (the ``1992 Revision'') (Treaty Doc. 107-17) and the 1995 
Revision of the Radio Regulations, with appendices, signed by 
the United States at Geneva on November 17, 1995, as contained 
in the Final Acts of the World Radiocommunication Conference 
(WRC-95) (the ``1995 Revision'') (Treaty Doc. 108-28), having 
considered the same, reports favorably thereon subject to 
declarations and reservations, as indicated in the resolutions 
of advice and consent for each treaty, and recommends the 
Senate give its advice and consent to ratification thereof, as 
set forth in this report and the accompanying resolutions of 
advice and consent.

                                CONTENTS

                                                                   Page

  I. Purpose..........................................................1
 II. Background.......................................................2
III. Major Provisions.................................................3
 IV. Entry Into Force.................................................6
  V. Implementing Legislation.........................................6
 VI. Committee Action.................................................7
VII. Committee Recommendation and Comments............................7
VIII.Resolution of Advice and Consent to Ratification................13


                               I. Purpose

    These two treaties are revisions of the Radio Regulations, 
which were negotiated at World Radiocommunication Conferences 
convened under the auspices of the International 
Telecommunication Union's Radiocommunication Sector. The Radio 
Regulations generally manage the international radio-frequency 
spectrum and global satellite orbits with the primary objective 
of maximizing effective use of these resources while minimizing 
interference in the operation of radiocommunication systems.
    The 1992 Revision was primarily intended to identify bands 
of spectrum that could be allocated for what were at the time 
new technologies, such as mobile services operating through a 
satellite link, although the revision covers many other 
matters, such as rules for shipboard radio repair and telephone 
calls placed by passengers from airplanes.
    The 1995 Revision was primarily intended to simplify and 
streamline the Radio Regulations, allocate spectrum in order to 
permit global deployment of what were at the time new satellite 
technologies, such as Low Earth-Orbiting Satellites that 
support global satellite communication systems, and establish 
new regulatory provisions for both non-geostationary satellites 
operating in the same frequency bands as geostationary 
satellites and other space services that share spectrum with 
the space research and terrestrial services.

                             II. Background

    The International Telecommunication Union (the ``ITU''), 
based in Geneva with a membership of 191 countries, is the 
principal international organization in the area of information 
and communication technologies, providing a forum for global 
cooperation and coordination and the promotion of more 
effective and efficient use of such technologies generally. The 
ITU was founded in 1865 and was originally called the 
``International Telegraph Union.'' Today, some 140 years later, 
the fundamental objectives of the Organization remain the same, 
but the scope of the organization's mandate is much broader to 
match the development of telecommunication technologies over 
the decades and now includes, for example, broadcasting, 
satellite sound broadcasting, mobile satellite services, and 
space services.
    In 1992, the ITU underwent a major reorganization, which 
was undertaken in response to significant changes and 
developments in the telecommunications area. There are now two 
treaties that provide the legal basis for the organization: the 
ITU Constitution and Convention. The United States is a party 
to both instruments.\1\ The ITU Constitution sets out 
overarching principles governing the ITU's basic structure, 
purpose, and functions, while the Convention provides greater 
detail regarding the functional and procedural implementation 
of the broad structure set forth in the Constitution. Often, 
the Constitution and Convention contain complementary 
provisions. The Constitution and Convention establish within 
the ITU a decision-making structure for three sectors, through 
which the ITU carries out its work: the Radiocommunication 
Sector, the Telecommunication Standardization Sector, and 
Telecommunication Development Sector. The Radio Regulations, 
which the 1992 Revision and the 1995 Revision amend, are 
international agreements negotiated at World Radiocommunication 
Conferences convened under the auspices of the ITU's 
Radiocommunication Sector.
---------------------------------------------------------------------------
    \1\The 1992 ITU Constitution and Convention, along with amendments 
to both instruments concluded in 1994, were submitted to the Senate by 
the President on September 13, 1996 (Treaty Doc. 104-34) and approved 
by the Senate on October 23, 1997. The Constitution and the Convention 
have since been amended and these amendments have been submitted to the 
Senate for advice and consent. See Treaty Docs. 108-5, 109-11, and 110-
16.
---------------------------------------------------------------------------
    World Radiocommunication Conferences, which review and 
revise the Radio Regulations, work on a consensus basis and are 
generally convened every three to four years, as needed. The 
final agenda for these conferences is established by the ITU 
Council, which is the executive body of the ITU and is composed 
of Member States elected by the Plenipotentiary Conference. The 
United States currently has a seat on the Council. The 1992 
Revision and the 1995 Revision were negotiated respectively at 
the 1992 and 1995 World Radiocommunication Conferences. The 
Letters of Submittal from the Secretary of State for these two 
instruments indicate that the United States either achieved or 
made progress towards its negotiating objectives at both 
conferences.\2\ This progress is reflected particularly in 
spectrum allocations that are generally favorable to U.S. 
interests.
---------------------------------------------------------------------------
    \2\ See Treaty Doc. 107-17 at pp. VI and VII; Treaty Doc. 108-28 at 
pp. IV and V.
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                         III. Major Provisions

    Summaries of the 1992 Revision and the 1995 Revision may be 
found in the relevant Letters of Submittal from the Secretary 
of State to the President, which are reprinted in full in 
Treaty Documents 107-17 and 108-28. A brief description of 
certain key provisions in both instruments is set forth below.

                            A. 1992 REVISION

    The 1992 World Radiocommunication Conference considered 
revisions to the Radio Regulations that affected multiple 
communication services, including High Frequency Broadcasting, 
Broadcasting-Satellite Service Sound, Broadcasting-Satellite 
Service-High Definition Television, Low Earth-Orbiting 
Satellites, Terrestrial Mobile Service, and Mobile Satellite 
Service. The Conference was convened primarily to identify 
bands of spectrum that could be allocated for new and evolving 
technologies at the time. When negotiating the 1992 Revision, 
the United States was focused on increasing the amount of radio 
spectrum available for use by the Voice of America for 
international broadcasting, obtaining a spectrum allocation for 
a new digital audio broadcasting service, and obtaining 
frequency band allocations to support the U.S. National 
Aeronautics and Space Administration (NASA) space station, the 
Lunar and Martian space exploration programs, and the next 
generation of unmanned deep space exploration programs. The 
United States achieved most of these objectives, but did not 
obtain as much spectrum as it requested to support the Voice of 
America.

High Frequency Allocations

    High frequency spectrum allocations are particularly 
important to the United States because they support the Voice 
of America. The United States sought a considerable amount of 
additional spectrum in this range in order to relieve 
congestion in the existing HF broadcasting bands. The United 
States was able to obtain an additional 790 kHz of spectrum, 
which includes 200 kHz in the optimal HF broadcasting bands 
between 7 and 10 MHz, where the United States has the greatest 
need. Notwithstanding this additional allocation, the 
reservation included in the proposed resolution of advice and 
consent for the 1992 Revision would reserve the right of the 
United States to take any necessary steps to meet its HF 
broadcasting needs in bands used by other services.

Satellite Sound Broadcasting

    According to the Secretary's Letter of Submittal for the 
1992 Revision, the United States, along with several other 
countries, proposed that spectrum be allocated for digital 
audio (compact disc quality) broadcasting service from 
satellites directly to receivers. There was, however, some 
disagreement among delegations as to the frequency band that 
should be allocated for this service. A majority of countries 
selected the 1452-1492 MHz frequency band, while others, 
including the United States, selected either the 2310-2360 MHz 
or the 2635-2655 MHz frequency band for this service. The 
conference adopted the allocations for all three frequency 
bands.

Mobile Satellite Services

    The United States made a number of proposals to support a 
range of what was then new technology for mobile radio services 
using satellites. These include low Earth orbit satellite (LEO) 
systems for data services using frequencies below 1 GHz and LEO 
systems operating above 1 GHz to support a full range of 
telecommunication services, including voice and wideband data 
services. Although not all of the U.S. proposals were accepted, 
as the Letter of Submittal from the Secretary of State 
indicates, the United States was ``reasonably satisfied with 
what it did obtain.''\3\ The executive branch has recommended 
the inclusion of a statement in the Senate's Resolution of 
advice and consent for the 1992 Revision, which would address 
any remaining concerns regarding allocations in this area and 
the committee has included that statement in the draft 
resolution provided in Section VIII of this report. This 
statement, which is a reservation, would reserve the right of 
the United States to take any necessary steps to meet U.S. 
mobile-satellite needs in the 1-3 GHz band.
---------------------------------------------------------------------------
    \3\ See Letter of Submittal from the Secretary of State, Treaty 
Doc. 107-17 at pp. VI-VII.
---------------------------------------------------------------------------

Space Services

    The 1992 Revision allocates frequency bands to support 
several space services. For example, allocations were made for 
NASA projects, including communications for the space station, 
a moon colony and a manned mission to Mars. The 1992 Revision 
allocates frequencies to ensure reliable, interference-free 
communications for extra vehicular activity of astronauts 
working outside space vehicles on tasks such as constructing 
space platforms or satellite rescue and repair. Pursuant to a 
U.S. proposal, the 1992 Revision allocates spectrum to support 
a U.S. data relay satellite system intended to facilitate the 
establishment of a multinational Mission-to-Planet-Earth 
program that will provide data on Earth resources and improve 
our understanding of meteorological and climatological change. 
Finally, NASA will be able to achieve greater data rates and 
better resolution images of solar objects as a result of 
expanded allocations for space research and new spectrum for 
the next generation of unmanned deep space exploratory 
programs.

                            B. 1995 REVISION

    The 1995 World Radio Conference continued some of the work 
of reviewing spectrum allocations begun at the 1992 conference, 
but also notably included a substantial effort to make the 
Radio Regulations a more streamlined and cohesive document. In 
the end, the 1995 Revision, among other things, allocates 
spectrum for new global mobile-satellite services, provides new 
regulatory provisions for non-geostationary satellites 
operating in the same frequency bands as geostationary 
satellites, allocates spectrum for other new space services 
that share spectrum with the space research and terrestrial 
services, and structurally simplifies the Radio Regulations. 
When negotiating the 1995 Revision, the United States was 
focused on achieving an allocation of sufficient feeder link 
spectrum for Mobile-Satellite Systems (MSS), an expanded 
allocation of spectrum for MSS below 1 GHz, an adjustment to 
the global MSS allocation in the 2 GHz band, and an expanded 
allocation of spectrum for the non-geostationary fixed 
satellites (NGSO FSS). The United States was mostly successful 
in attaining its objectives.

Mobile-Satellite Services (MSS)

    The 1992 Revision allocated spectrum in the vicinity of 1.6 
and 2.4 GHz for MSS. The U.S. Federal Communications Commission 
licensed three non-geostationary satellite orbit (NGSO) MSS 
systems to operate in these bands and had additional 
applications pending. The 1995 Revision made a considerable 
amount of feeder link spectrum available for U.S. systems, 
which permits the global deployment of what were at the time 
new satellite technologies.

Non-Geostationary Satellite Orbit-Mobile Satellite Services

    The 1992 Revision allocated 3.45 MHz of spectrum for Non-
Geostationary Satellite Orbit-Mobile Satellite Services (NGSO-
MSS) operating below 1 GHz. This proved insufficient to 
accommodate existing MSS systems of the United States and other 
countries. As a result, the United States proposed expanding 
the allocation and ultimately a worldwide allocation was 
obtained in the 1995 Revision of two bands, 455-456 and 459-460 
MHz, although the power flux density limit in the 148-149.9 MHz 
band worldwide allocation was removed. This allocation resulted 
in a smaller increase in spectrum for NGSO-MSS systems below 1 
GHz than the United States proposed, but an increase 
nevertheless. The 1995 Revision also provided a new regional 
MSS spectrum allocation in the band 2010-2025 MHz for the 
Americas.

Regulatory Allocations

    New regulatory measures were adopted to allow Geostationary 
Orbit and Non-Geostationary Orbit Fixed-Satellite Service 
systems to equitably share the same frequency bands.

Space Sciences

    With new space services being added to frequency bands 
already 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 in the 1995 Revision for fixed and mobile services in 
the 2025-52110 MHz band. Additional protection was also 
obtained for space-based sensors and spaceborne precipitation 
radars used by NASA.

                          IV. Entry Into Force

    The 1992 Revision\4\ and the 1995 Revision\5\ will each 
enter into force for the United States on the date the United 
States deposits its instrument of ratification with the 
Secretary-General of the ITU for each revision, respectively. 
The committee notes, however, that the resolutions adopted at 
the time of the 1992 Revision provide for the provisional 
application of certain provisions of the 1992 Revision\6\ and 
Article S59 of the 1995 Revision provides for the provisional 
application of the 1995 Revision as of June 1, 1998, with the 
exception of certain provisions, which applied provisionally as 
of January 1, 1997.
---------------------------------------------------------------------------
    \4\In accordance with Article 54(2) of the ITU's 1994 Constitution 
(Treaty Doc. 104-34), which is the most recent version of the ITU's 
Constitution and Convention approved by the Senate and ratified by the 
United States, ratification of the Constitution and the Convention also 
constitutes consent to be bound by revisions of the Radio Regulations 
adopted by competent world conferences prior to the date of signature 
of the Constitution and Convention on December 22, 1992, which would 
therefore include the 1992 Revision signed on March 3, 1992. The United 
States, however, made a statement upon signature and again upon 
ratification of the 1994 Constitution and Convention that its signature 
and ratification shall not be deemed to constitute U.S. consent to be 
bound by revisions to the Radio Regulations adopted prior to the date 
of signature of the Constitution and Convention. As a result, the 1992 
Revision has not yet entered into force for the United States.
    \5\ Article 54(5) of the ITU's 1994 Constitution (Treaty Doc. 104-
34), which is the most recent version of the ITU's Constitution and 
Convention approved by the Senate and ratified by the United States, 
provides that with respect to revisions of the Radio Regulations 
adopted subsequent to the date of signature of the Constitution and 
Convention on December 22, 1992 and signed by a Party to the ITU's 1994 
Constitution and Convention, that Party would be deemed to have 
consented to the revision thirty-six months from the date specified in 
the revision for the commencement of provisional application, unless 
that Party had previously notified the Secretary-General of the ITU of 
its consent to be bound to the revision or had informed the Secretary-
General that it does not does not consent to be bound by the revision. 
Article 54(5) would apply to the 1995 Revision for the United States, 
which was adopted subsequent to the date of signature of the 
Constitution and Convention of December 22, 1992, and signed by the 
United States on November 17, 1995; however, the United States made a 
statement upon signature and again upon ratification of the 1994 
Constitution and Convention that its signature and ratification shall 
not be deemed to constitute U.S. consent to be bound by revisions to 
the Radio Regulations adopted subsequent to the date of signature of 
the Constitution and Convention, without specific notification to the 
ITU by the United States of its consent to be bound. As a result, the 
1995 Revision has not yet entered into force for the United States.
    \6\ See, e.g., Resolution 338.
---------------------------------------------------------------------------

                      V. Implementing Legislation

    The 1992 Revision and the 1995 Revision do not require 
additional implementing legislation. The Federal Communications 
Commission (the ``FCC'') and the National Telecommunications 
and Information Administration (the ``NTIA'') have broad 
authority over their respective spheres of telecommunication 
regulation and would be responsible for implementing these 
revisions.
    The FCC has authority over non-governmental 
telecommunications and implementation would be authorized by 
the Communications Act of 1934.\7\ In particular, 47 U.S.C. 
Sec. 303(r) provides that the Commission shall make ``such 
rules and regulations and prescribe such restrictions and 
conditions, not inconsistent with law, as may be necessary to 
carry out the provisions of this chapter, or any international 
radio or wire communications treaty or convention, or 
regulations annexed thereto, including any treaty or convention 
insofar as it relates to the use of radio, to which the United 
States is or may hereafter become a party.'' This provision is 
applicable to the 1992 Revision and the 1995 Revision, and 
would remain applicable to the revisions upon their entry into 
force for the United States. The NTIA has authority over 
governmental telecommunications and implementation of the 
revisions would be authorized by the National 
Telecommunications and Information Administration Organization 
Act.\8\ In particular, 47 U.S.C. Sec. 902(b)(2)(A) and (K) 
authorize the NTIA to assign frequencies and establish policies 
concerning spectrum use by radio stations that belong to the 
United States. Upon entry into force, the 1992 Revision and the 
1995 Revision would be binding on the United States. The FCC 
and the NTIA would be responsible for implementing and ensuring 
U.S. compliance with the provisions of the 1992 Revision and 
the 1995 Revision.
---------------------------------------------------------------------------
    \7\47 U.S.C. Sec. 151 et seq.
    \8\47 U.S.C. Sec. 901 et seq.
---------------------------------------------------------------------------

                          VI. Committee Action

    The committee held a public hearing on these treaties on 
July 10, 2008. Testimony was received from Mr. Richard C. 
Beaird, Senior Deputy U.S. Coordinator for International 
Communications and Information Policy at the Department of 
State. A transcript of this hearing can be found in Annex II to 
Executive Report 110-15.
    On July 29, 2008, the committee considered the 1992 
Revision and the 1995 Revision and ordered them favorably 
reported by voice vote, with a quorum present and without 
objection.

               VII. Committee Recommendation and Comments

    The Committee on Foreign Relations believes that the ITU's 
work in support of radio spectrum management is important to 
advancing U.S. public diplomacy, economic, national security, 
and scientific interests. One of the key advantages achieved 
through the 1992 Revision was an increase in the amount of 
radio spectrum available for use by the Voice of America for 
international broadcasting, which plays a key role in U.S. 
public diplomacy efforts through broadcasts around the globe, 
including to closed societies. Moreover, the U.S. 
telecommunications industry is highly dependent upon the ITU 
for radio spectrum management, an area that is also vitally 
important to U.S. defense, intelligence, and aeronautics 
agencies. Both the 1992 Revision and the 1995 Revision allocate 
additional spectrum for new technologies that are of importance 
to the U.S. telecommunications industry. According to the 
Telecommunications Industry Association (the ``TIA''), the 
worldwide telecommunications market is expected to grow at a 
9.2 percent compound annual growth rate from 2008 to 2011 and 
U.S. companies expect to take full advantage of this growth.\9\ 
The United States is among the leading providers and consumers 
of telecommunications goods and services. In fact, the U.S. 
telecommunications industry's revenue totaled $1 trillion in 
2007.\10\ The 1992 Revision also provided frequency band 
allocations to support the NASA space station, Lunar and 
Martian space exploration programs, as well as the next 
generation of unmanned deep space exploratory programs. 
Accordingly, the committee urges the Senate to act promptly to 
give advice and consent to ratification of the 1992 Revision 
and 1995 Revision, as set forth in this report and the 
accompanying resolution of advice and consent.
---------------------------------------------------------------------------
    \9\According to the TIA, worldwide telecommunications revenue 
totaled $3.5 trillion in 2007, up 11.2 percent from 2006. See TIA 
Telecommunications Market Review and Forecast at 3 (2008).
    \10\Ibid.
---------------------------------------------------------------------------

                  A FUTURE RADIO REGULATION REVISIONS

    In the course of reviewing the 1992 Revision and the 1995 
Revision, the committee has given consideration to whether 
future revisions to the Radio Regulations will require the 
advice and consent of the Senate. Revisions to the Radio 
Regulations are technical implementing instruments anticipated 
in the ITU Constitution, which are expected to regulate the 
international use of telecommunications and are subject to the 
provisions of the Constitution and the Convention.\11\ Given 
the nature of these instruments, the committee believes that in 
the future, revisions to the Radio Regulations will not, in the 
normal course, require the advice and consent of the Senate. 
Thus, in the future, the committee does not expect the 
Executive to submit for advice and consent revisions to the 
Radio Regulations. If there is any question, however, as to 
whether a revision goes beyond the current mandate of the Radio 
Regulations as anticipated in the ITU Constitution, the 
committee expects the executive branch to consult with the 
committee in a timely manner in order to determine whether 
advice and consent is necessary.
---------------------------------------------------------------------------
    \11\See Articles 4 and 54 of the ITU Constitution, Treaty Doc. 104-
34 at pp. 24 and 60.
---------------------------------------------------------------------------

                             B. RESOLUTIONS

    The committee has included in proposed resolutions for the 
two revisions various statements, which are discussed below.

         I. DECLARATIONS AND RESERVATIONS TO THE 1992 REVISION

    The proposed resolution of advice and consent for the 1992 
Revision includes three declarations and reservations, which 
were made by the United States when signing the 1992 Final Acts 
and are intended to be included in the instrument of 
ratification, along with a declaration that is not intended to 
be included in the instrument of ratification.

First Declaration and Reservation (No. 67):

    1. In the view of the United States of America, this 
Conference failed to make adequate provision for the HF needs 
of the broadcasting service, particularly below 10 MHz, despite 
an earnest effort to do so. The IFRB's Report to the Conference 
shows that broadcasters' requirements far outnumber the 
channels available in the bands between 6 and 11 MHz (where 
spectrum is urgently needed) and that planning will not work 
effectively without additional and adequate HF spectrum. 
Therefore, the United States of America reserves the right to 
take the necessary steps to meet the HF needs of its 
broadcasting service.

    2. The United States of America, while welcoming the 
cessation by some administrations of willful harmful 
interference to HF broadcasting, remains concerned that the 
United States' broadcasting service continues to be subject to 
willful harmful interference in contravention of Article 35 of 
the Convention. Such interference is incompatible with the 
rational and equitable use of these bands. The United States of 
America declares that as long as any such interference exists, 
it reserves the right with respect to such interference to take 
necessary and appropriate actions to protect its broadcasting 
interests. In doing so, it will respect, to the maximum extent 
possible, the rights of administrations operating in accordance 
with the Convention and the Radio Regulations.

    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 of 1530--1559 MHz 
and 1631.5--1660.5 MHz, it will utilize these bands in the way 
most appropriate to satisfy its particular mobile-satellite 
service requirements recognizing the priority of AMSS(R) and 
maritime safety communications.

    4. In the view of the United States of America, this 
Conference has unduly delayed the availability of sufficient 
spectrum for the mobile-satellite service in the range of 1--3 
GHz on an international and regional basis. Therefore, the 
United States of America reserves its right to take any 
necessary steps to meet the needs of the mobile-satellite 
service in this band.

    5. With regard to Resolution 46 (WARC-92), the United 
States of America understands that nothing in the fourth 
preambular paragraph and any reference to the Resolution in the 
Radio Regulations shall be interpreted to constitute any 
recognition of new rights of Members of the Union beyond those 
specified in the International Telecommunication Convention and 
the Administrative Regulations in force. In particular, sub-
paragraph b) shall not be interpreted to constitute a 
recognition of claims of sovereignty over any part of outer 
space. Such claims, in violation of international law, cannot 
be recognized by this Conference.

    6. The United States of America understands that nothing in 
Resolution 70 (WARC-92) shall alter the category of any 
allocation made at this Conference and that any studies by 
organs of the Union on this matter shall be conducted and 
implemented in accordance with the International 
Telecommunication Convention and the Administrative 
Regulations.

    This proposed statement addresses concerns regarding 
decisions of the conference that failed to make adequate 
provision for certain U.S. spectrum needs, did not protect 
certain U.S. broadcasting services from willful harmful 
interference, or could be construed to create new rights for 
ITU Members.

Second Declaration and Reservation (No. 79):

    Referring to statements relating to the frequency range 
below 3 GHz concerning mobile-satellite services, it is 
necessary to highlight an oversight in drafting and reading 
texts which could lead to a new and unnecessary burden of 
coordination between geostationary space stations and 
terrestrial services in certain frequency bands. Accordingly, 
the above Administrations will not accept any commitments for 
this form of coordination arising from omission of the term 
``non-geostationary'' in the text of certain footnotes, e.g. 
Footnote Nos. 726x and 7xx, to the Table of Frequency 
Allocation in Article 8. This reservation is made on behalf of 
all national and international organizations for whose 
frequency assignments the two countries are the notifying 
Administrations.
    This proposed statement was made by both the United States 
and the United Kingdom when signing the 1992 Final Acts and 
concerns mobile-satellite services provided in the frequency 
band below 3 GHz. The reservation reflects U.S. concerns that 
certain provisions of the 1992 Revision could lead to an 
unnecessary burden of requiring coordination between 
geostationary space stations and terrestrial services. In 
brief, both the United States and the United Kingdom refuse to 
accept any additional commitments for coordination.

Third Declaration and Reservation (No. 80):

    1. With reference to Statement No. 52 of the Administration 
of Cuba, the United States of America notes that the United 
States presence in Guantanamo is by virtue of a treaty in 
force; the United States reserves the right to meet its 
radiocommunication requirements there as it has in the past.

    2. With reference to Statement No. 60 of Belarus, the 
Russian Federation, and Ukraine, the United States of America 
notes that the other former Republics of the former USSR 
referred to in that Statement are independent States, not 
Members of the Union at this time, whose rights and obligations 
cannot be asserted by the Members that filed that Statement.

    This proposed statement responds to two statements, one by 
Cuba and the other by several states of the former USSR. Cuba's 
statement concerns the use of radio frequencies by the United 
States at the U.S. naval base at Guantanamo, Cuba. The other 
statement, made by Belarus, Russia, and the Ukraine, simply 
notes that the other former Republics of the former USSR 
referred to in their statement, which include the Republic of 
Azerbaijan, the Republic of Armenia, the Republic of 
Kazakhstan, the Republic of Kyrgyzstan, the Republic of 
Tajikistan, the Republic of Uzbekistan, and Turkmenistan, were 
not Members of the Union at the time and their rights and 
obligations cannot be asserted by Belarus, Russia, and the 
Ukraine.

Final Declaration:

    This Treaty is not self-executing.

    This proposed declaration states that the 1992 Revision is 
not self-executing. The Senate has rarely included statements 
regarding the self-executing nature of treaties in resolutions 
of advice and consent, but in light of the recent Supreme Court 
decision, Medellin v. Texas, 128 S.Ct. 1346 (2008), the 
committee has determined that a clear statement in the 
resolution is warranted. A further discussion of the 
committee's views on this matter can be found in Section VIII 
of Executive Report 110-12.

         II. DECLARATIONS AND RESERVATIONS TO THE 1995 REVISION

    The proposed resolution of advice and consent for the 1995 
Revision includes four declarations and reservations, which 
were made by the United States when signing the 1995 Final Acts 
and are intended to be included in the instrument of 
ratification, along with a declaration that is not intended to 
be included in the instrument of ratification.

First Declaration and Reservation (No. 67(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 of 1525--1559 MHz and 
1626.5--1660.5 MHz, it will utilize these bands in the way most 
appropriate to satisfy its particular mobile-satellite service 
requirements recognizing the priority of AMSS(R) and maritime 
safety communications.

    This proposed statement addresses concerns regarding 
decisions of the conference that failed to make adequate 
provision for U.S. mobile satellite services.

Second Declaration and Reservation (No. 68):

    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 non-geostationary 
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.

    This proposed statement was made by both the United States 
and the United Kingdom when signing the 1995 Final Acts and 
concerns the coordination between geostationary and non-
geostationary mobile-satellite networks in certain frequency 
bands below 3 GHz. The reservation reflects U.S. concerns that 
certain provisions of the 1995 Revision could lead to an 
unnecessary burden of requiring coordination between 
geostationary space stations and terrestrial services. In 
brief, both the United States and the United Kingdom refuse to 
accept any additional commitments for coordination.

Third Declaration and Reservation (No. 78):

    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 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.

    This proposed statement was made by the United States and 
14 other countries when signing the 1995 Final Acts. The 
statement responds to a statement made by Colombia regarding 
the use of the geostationary satellite orbit and makes it clear 
that the claims made in Colombia's statement to exercise 
sovereign rights over segments of the geostationary orbit, and 
any similar statements, cannot be recognized by this 
Conference. Moreover, the proposed statement makes clear that 
the reference in Article 44 of the ITU Constitution to the 
``geographical situation of particular countries'' does not 
imply a recognition of claim to any preferential rights to the 
geostationary-satellite orbit.

Fourth Declaration and Reservation (No. 82):

    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 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 radicommunication 
        conferences and in particular with regard to 
        Declaration 60 of this Conference.


    This proposed statement responds to several declarations 
made by various delegations and incorporates by reference 
previous reservations and declarations made by the United 
States.

Final Declaration:

    This Treaty is not self-executing.

    This proposed declaration states that the 1992 Revision is 
not self-executing. The Senate has rarely included statements 
regarding the self-executing nature of treaties in resolutions 
of advice and consent, but in light of the recent Supreme Court 
decision, Medellin v. Texas, 128 S.Ct. 1346 (2008), the 
committee has determined that a clear statement in the 
resolution is warranted. A further discussion of the 
committee's views on this matter can be found in Section VIII 
of Executive Report 110-12.

        VIII. Resolutions of Advice and Consent to Ratification


             1992 PARTIAL REVISION OF THE RADIO REGULATIONS

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO RESERVATIONS AND 
                    DECLARATIONS.

    The Senate advises and consents to the ratification of the 
1992 Partial Revision of the Radio Regulations (Geneva, 1979), 
with appendices, signed by the United States at Malaga-
Torremolinos on March 3, 1992, as contained in the Final Acts 
of the World Administrative Radio Conference for Dealing with 
Frequency Allocations in Certain Parts of the Spectrum (WARC-
92) (the ``1992 Final Acts'') (Treaty Doc. 107-17), subject to 
declarations and reservations Nos. 67, 79, and 80 of the 1992 
Final Acts and the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:

          This Treaty is not self-executing.

                 1995 REVISION OF THE RADIO REGULATIONS

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO RESERVATIONS AND 
                    DECLARATIONS.

    The Senate advises and consents to the ratification of the 
1995 Revision of the Radio Regulations, with appendices, signed 
by the United States at Geneva on November 17, 1995, as 
contained in the Final Acts of the World Radiocommunication 
Conference (WRC-95) (the ``1995 Final Acts'') (Treaty Doc. 108-
28), subject to declarations and reservations Nos. 67(3), 68, 
78, and 82 of the 1995 Final Acts and the declaration of 
section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is not self-executing.

                                    

      
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