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108th Congress 2d Session SENATE Treaty Doc.
108-28
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1995 REVISION OF RADIO REGULATIONS
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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)
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
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)
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
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
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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
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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
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