## United States of America

## DRAFT PROPOSAL FOR THE WORK OF THE CONFERENCE 

**Agenda Item 1.12:** to consider possible changes in response to
Resolution **86 (Rev. Marrakesh, 2002)** of the Plenipotentiary
Conference: "Advance publication, coordination, notification and
recording procedures for frequency assignments pertaining to satellite
networks" in accordance with Resolution **86** **(WRC‑03)**;

**Background Information**:

**1.** The scope and criteria to be used for the implementation of
Resolution 86 (Rev. Marrakesh, 2002) of the Plenipotentiary Conference
by future world radiocommunication conferences (WRCs) is established in
Resolution **86 (WRC‑03)**. *Resolves 5* of Resolution **86 (WRC-03)**
resolves **"***to consider any changes to provisions of the Radio
Regulations for space services that would result in the simplification
of the procedures and the work of the Bureau and/or administrations.*"

**2.** Administrative due diligence applicable to some satellite
Radiocommunication services was first adopted by WRC-97 as a means of
addressing the problem of reservation of orbit and spectrum capacity
without actual use (i.e., "paper" satellites) and was contained in
several provisions of the Radio Regulations and also Resolution **49**.
The WRC recognized that a trial period was required in order to gain
experience in the effectiveness of administrative due diligence and
reports have been made to WRC-2000, WRC-03, and the Plenipotentiary
Conference (Marrakesh 2002).

Administrative due diligence, in its current form, consists in
disclosure of data on the implementation of a satellite network or
satellite system of the fixed-satellite service, mobile-satellite
service or broadcasting-satellite service with frequency assignments
that are subject to coordination under Nos. **9.7**, **9.11**, **9.12**,
**9.12A** and **9.13** and Resolution **33 (Rev.WRC‑03)** as well as to
any such satellite network not yet recorded in the Master International
Frequency Register by 22 November 1997. The due diligence information
include the name of the spacecraft manufacturer; the contractual date of
delivery and the number of satellites procured; and the name of the
launch vehicle provider and the contractual launch date.

A frequency assignment for a space station subject to Resolution **49
(Rev. WRC-03)** will no longer be taken into account for the maximum
period of seven years from the date of receipt of information required
under No. **9.1** of the Radio Regulations if the complete due diligence
information is not provided prior to the end of the period established
as the regulatory limit for bringing into use.

**3.** Pursuant to the requirements of Resolution **49 (Rev.WRC-03)**,
Resolution **85** (Minneapolis, 1998) and Resolution **81 (WRC-2000)**,
the Director of the Radiocommunication Bureau is required to report to
future radiocommunication conferences on the results of the
implementation of the administrative due diligence procedure. WRC-2000
was also required, under the provisions of Resolution 85 (Minneapolis,
1998) to evaluate the results of the implementation of administrative
due diligence and to inform the Plenipotentiary Conference in 2002 of
its conclusions in that regard. In addition, Resolution **81
(WRC-2000)** *instructs the Director of the Radiocommunication Bureau*
to report to the 2002 Plenipotentiary Conference on the results of the
implementation of the administrative due diligence procedure.

**4**. The Director of the Radiocommunications Bureau presented the
following report to WRC-03, the most recent report on the topic: (WRC-03
Conference Document No. 4. Quoted in part)

> "6 Due diligence
>
> 6.1 Introduction
>
> The Radiocommunication Bureau presents this Report on the activities
> it has undertaken pursuant to the requirements of Resolution **49
> (Rev.WRC-2000)**, Resolution **85 (Minneapolis, 1998)** and Resolution
> 81 (WRC-2000). Under the provisions of these resolutions, the Director
> of the Radiocommunication Bureau was required to report to WRC-2000 on
> the results of the implementation of the administrative due diligence
> procedure. WRC-2000 was also required, under the provisions of
> Resolution **85 (Minneapolis, 1998)** to evaluate the results of the
> implementation of administrative due diligence and to inform the
> Plenipotentiary Conference in 2002 of its conclusions in that regard.
> Resolution **81 (WRC-2000)** provided the required report. In
> addition,
>
> Resolution **81 (WRC-2000)** instructed the Director of the
> Radiocommunication Bureau to report to the 2002 Plenipotentiary
> Conference on the results of the implementation of the administrative
> due diligence procedure. This report is an updated version of the
> report submitted to PP-02 by the Bureau.
>
> **...**
>
> 6.3 Results of the process
>
> Detailed information/statistics on the processing by the Bureau of
> Resolution 49 (Rev.WRC-2000) due diligence requests and notices are
> contained in Annex 2. At this stage in the implementation of
> Resolution **49 (Rev.WRC-2000)**, the Bureau has not encountered any
> administrative difficulty in applying the provisions and in gathering
> and publishing information except some regulatory refinements which
> could be made and will be reported to WRC-03, As noted above, it has
> involved the collection of considerable data and the application of
> Bureau resources (approximately 1.2 professional and 0.3 general staff
> per annum).
>
> **...**
>
> The Bureau notes also that, in addition to publication in the IFIC,
> due diligence information is made available on the ITU website (for
> non-planned services). The Bureau has not so far received queries from
> any administration on the information received and published pursuant
> to the requirements of the Resolution.

ANNEX 2

Details of the implementation of Resolution 49 (Rev.WRC-2000)

+-----+---------+------------+--------+----------+----------+---------+
|     | Res. 49 | Number of  | Period | Due      | Due      | Cance   |
|     | Re      | admin      | of     | d        | d        | llation |
|     | quests\ | istrations | survey | iligence | iligence | by      |
|     | (number |            |        | received | p        | 31.1    |
|     | of      |            |        | by\      | ublished | 2.2002\ |
|     | ne      |            |        | 31.      | by       | (number |
|     | tworks) |            |        | 12.2002\ | 31.      | of      |
|     |         |            |        | (number  | 12.2002\ | ne      |
|     |         |            |        | of       | (number  | tworks) |
|     |         |            |        | n        | of       |         |
|     |         |            |        | etworks) | n        |         |
|     |         |            |        |          | etworks) |         |
+-----+---------+------------+--------+----------+----------+---------+
| No  | 1574    | Over 45    | [^     | 878      | 878      | 152\*   |
| n-p |         |            | 1]DBIU |          |          |         |
| lan |         |            |  30    |          |          |         |
| ned |         |            | .06.03 |          |          |         |
| se  |         |            |        |          |          |         |
| rvi |         |            |        |          |          |         |
| ces |         |            |        |          |          |         |
+-----+---------+------------+--------+----------+----------+---------+
| P   | 179\*\* | 32         | DBIU\  | 42       | 42       | 2       |
| lan |         |            | \<     |          |          |         |
| ned |         |            | 01     |          |          |         |
| se  |         |            | .06.03 |          |          |         |
| rvi |         |            |        |          |          |         |
| ces |         |            |        |          |          |         |
+-----+---------+------------+--------+----------+----------+---------+
| \*  |         |            |        |          |          |         |
| All |         |            |        |          |          |         |
| sat |         |            |        |          |          |         |
| ell |         |            |        |          |          |         |
| ite |         |            |        |          |          |         |
| ne  |         |            |        |          |          |         |
| two |         |            |        |          |          |         |
| rks |         |            |        |          |          |         |
| can |         |            |        |          |          |         |
| cel |         |            |        |          |          |         |
| led |         |            |        |          |          |         |
| un  |         |            |        |          |          |         |
| der |         |            |        |          |          |         |
| pro |         |            |        |          |          |         |
| vis |         |            |        |          |          |         |
| ion |         |            |        |          |          |         |
| No. |         |            |        |          |          |         |
| 11  |         |            |        |          |          |         |
| .44 |         |            |        |          |          |         |
| of  |         |            |        |          |          |         |
| the |         |            |        |          |          |         |
| Ra  |         |            |        |          |          |         |
| dio |         |            |        |          |          |         |
| Re  |         |            |        |          |          |         |
| gul |         |            |        |          |          |         |
| ati |         |            |        |          |          |         |
| ons |         |            |        |          |          |         |
| (   |         |            |        |          |          |         |
| fre |         |            |        |          |          |         |
| que |         |            |        |          |          |         |
| ncy |         |            |        |          |          |         |
| a   |         |            |        |          |          |         |
| ssi |         |            |        |          |          |         |
| gnm |         |            |        |          |          |         |
| ent |         |            |        |          |          |         |
| not |         |            |        |          |          |         |
| b   |         |            |        |          |          |         |
| rou |         |            |        |          |          |         |
| ght |         |            |        |          |          |         |
| i   |         |            |        |          |          |         |
| nto |         |            |        |          |          |         |
| use |         |            |        |          |          |         |
| wit |         |            |        |          |          |         |
| hin |         |            |        |          |          |         |
| the |         |            |        |          |          |         |
| r   |         |            |        |          |          |         |
| egu |         |            |        |          |          |         |
| lat |         |            |        |          |          |         |
| ory |         |            |        |          |          |         |
| tim |         |            |        |          |          |         |
| e-f |         |            |        |          |          |         |
| ram |         |            |        |          |          |         |
| e). |         |            |        |          |          |         |
|     |         |            |        |          |          |         |
| \   |         |            |        |          |          |         |
| *\* |         |            |        |          |          |         |
| 108 |         |            |        |          |          |         |
| rem |         |            |        |          |          |         |
| ind |         |            |        |          |          |         |
| ers |         |            |        |          |          |         |
| h   |         |            |        |          |          |         |
| ave |         |            |        |          |          |         |
| b   |         |            |        |          |          |         |
| een |         |            |        |          |          |         |
| s   |         |            |        |          |          |         |
| ent |         |            |        |          |          |         |
| in  |         |            |        |          |          |         |
| a   |         |            |        |          |          |         |
| cco |         |            |        |          |          |         |
| rda |         |            |        |          |          |         |
| nce |         |            |        |          |          |         |
| w   |         |            |        |          |          |         |
| ith |         |            |        |          |          |         |
| *   |         |            |        |          |          |         |
| res |         |            |        |          |          |         |
| olv |         |            |        |          |          |         |
| es* |         |            |        |          |          |         |
| 4   |         |            |        |          |          |         |
| and |         |            |        |          |          |         |
| Par |         |            |        |          |          |         |
| agr |         |            |        |          |          |         |
| aph |         |            |        |          |          |         |
| 10  |         |            |        |          |          |         |
| of  |         |            |        |          |          |         |
| A   |         |            |        |          |          |         |
| nne |         |            |        |          |          |         |
| x 1 |         |            |        |          |          |         |
| to  |         |            |        |          |          |         |
| R   |         |            |        |          |          |         |
| eso |         |            |        |          |          |         |
| lut |         |            |        |          |          |         |
| ion |         |            |        |          |          |         |
| 49. |         |            |        |          |          |         |
| 111 |         |            |        |          |          |         |
| S   |         |            |        |          |          |         |
| pec |         |            |        |          |          |         |
| ial |         |            |        |          |          |         |
| Se  |         |            |        |          |          |         |
| cti |         |            |        |          |          |         |
| ons |         |            |        |          |          |         |
| (A  |         |            |        |          |          |         |
| P30 |         |            |        |          |          |         |
| /E, |         |            |        |          |          |         |
| AP  |         |            |        |          |          |         |
| 30A |         |            |        |          |          |         |
| /E) |         |            |        |          |          |         |
| w   |         |            |        |          |          |         |
| ere |         |            |        |          |          |         |
| pub |         |            |        |          |          |         |
| lis |         |            |        |          |          |         |
| hed |         |            |        |          |          |         |
| to  |         |            |        |          |          |         |
| mod |         |            |        |          |          |         |
| ify |         |            |        |          |          |         |
| the |         |            |        |          |          |         |
| d   |         |            |        |          |          |         |
| ate |         |            |        |          |          |         |
| of  |         |            |        |          |          |         |
| br  |         |            |        |          |          |         |
| ing |         |            |        |          |          |         |
| ing |         |            |        |          |          |         |
| i   |         |            |        |          |          |         |
| nto |         |            |        |          |          |         |
| u   |         |            |        |          |          |         |
| se. |         |            |        |          |          |         |
+-----+---------+------------+--------+----------+----------+---------+

**5**. WRC-03 suppressed Nos. **11.44B**, **C**, **D**, **E**, **F**,
**G**, **H**, and **I**, thus removing the requirement for due diligence
information related to extending the notified date of bringing into use.
Except for specific cases involving launch failure and assignments in
the Appendix **30/30A** list, WRC-03 changed the time limit for bringing
into use from five years with a possibility for a two-year extension to
a straight seven years after the date of receipt of Advance Publication
information.

**6.** WRC-2000 also adopted No. **11.44.1**, which requires that the
first notice for recording of an assignment under No. **11.15** be
received by the Bureau by the end of the seven-year period or the
assignment will no longer be taken into account.

**7.** Initially, application of Resolution **49** and the relevant
provisions of the Radio Regulations resulted in the cancellation of a
number of satellite filings. Now that assignments must be brought into
use and the first notification and complete "due diligence" information
must be submitted all within the same seven-year regulatory time limit,
the role of due diligence in canceling "paper" satellites is
significantly diminished.

**8.** Resolution **49** has served its purpose. Cancellation due to
failure to either bring the satellite network or system into use or
submit the first notification is a sufficient means of further
addressing the problem of reservation of orbit and spectrum capacity
without actual use. With the decline of the backlog and in order to
conserve the resources of the Bureau and administrations, the necessity
for Resolution **49** is no longer supported. Noting the extra resources
used by the Bureau for Resolution **49** implementation, both personnel
and maintaining the Resolution **49** data base, suppressing Resolution
**49** will make additional resources available in a time of a very
tight budget situation for the Bureau. Further, suppressing Resolution
**49** will simplify the application of Articles 9 and 11 as
contemplated by *resolves 5* of Resolution **86 (WRC-03)**.

**Proposals:**

**USA/ /1 SUP**

RESOLUTION 49 (Rev.WRC-03)

Administrative due diligence applicable to some satellite\
radiocommunication services

**Reasons**: With the decline of the backlog and the need to simplify
procedures and conserve the resources of the Bureau and administrations,
due diligence information is no longer needed and Resolution **49** can
be suppressed.

**USA/ /2 MOD**

ARTICLE 9

Procedure for effecting coordination with or\
            obtaining agreement of other administrations
^1,2,3~~,4~~,5,6,7,8^ (WRC03)

**Reasons:** Consequential to SUP note ^4^ A.9.4.

**USA/ /3 SUP**

~~^4^ **A.9.4** Resolution **49 (Rev.WRC-2000)**^\*^ shall also be
applied with respect to those satellite networks and satellite systems
that are subject to it.     (WRC‑2000)~~

**Reasons:** Consequential to SUP Resolution **49 (Rev. WRC-03)**.

**USA/ /4 MOD**

ARTICLE 11

**Notification and recording of frequency\
            assignments 1,2,3,4,5,6 (WRC03)**

**Reasons:** Consequential to SUP Note 2 A.11.2.

**USA/ /5 SUP**

~~^32^ **A.11.2** Resolution **49 (Rev.WRC-2000)**^\*^ shall also be
applied with respect to those satellite networks and satellite systems
that are subject to it.     (WRC‑2000)~~

*Editorial Note: footnote number 32 is in error it should read as number
2.*

**Reasons:** Consequential to SUP Resolution **49 (Rev. WRC-03).**

**USA/ /6 MOD**

^19^ **11.44.1** In the case of space station frequency assignments that
are brought into use prior to the completion of the coordination
process, ~~and for which the Resolution **49 (Rev.WRC-03)** data have
been submitted to the Bureau,~~ the assignment shall continue to be
taken into consideration for a maximum period of seven years from the
date of receipt of the relevant information under No. **9.1**. If the
first notice for recording of the assignments in question under No.
**11.15** has not been received by the Bureau by the end of this
seven-year period, the assignments shall no longer be taken into account
by the Bureau and administrations. The Bureau shall inform the notifying
administration of its pending actions three months in advance.

In the case of satellite networks for which relevant advance publication
information has been received prior to 22 November 1997, the
corresponding period will be nine years from the date of publication of
this information. (WRC‑2000)

**Reasons:** Consequential to SUP Resolution **49 (Rev. WRC-03)**.

**USA/ /7 SUP**

RESOLUTION 55 (WRC-2000)

Temporary procedures for improving satellite network\
coordination and notification procedures

**Reasons:** The temporary procedures are fully implemented and this
resolution, which, inter alia, calls for electronic submission of due
diligence information, is no longer needed.

**USA/ /8 SUP**

RESOLUTION 81 (WRC-2000)

Evaluation of the administrative due diligence procedure\
for satellite networks

**Reasons:** Consequential to SUP Resolution **49 (Rev. WRC-03)**.

**USA/ /9 MOD**

APPENDIX 30 (Rev.WRC-03)

4.1.3*bis* The regulatory time-limit for bringing into use of an
assignment in the List may be extended once by not more than three years
due to launch failure in the following cases:

-- the destruction of the satellite intended to bring the assignment
into use;

-- the destruction of the satellite launched to replace an already
operating satellite which is intended to be relocated to bring another
assignment into use; *or*

-- the satellite is launched, but fails to reach its assigned orbital
location.

For this extension to be granted, the launch failure must have occurred
at least five years after the date of receipt of the complete Appendix
**4** data. In no case shall the period of the extension of the
regulatory time-limit exceed the difference in time between the
three-year period and the period remaining from the date of the launch
failure to the end of the regulatory time-limit[^2]. In order to take
advantage of this extension, the administration shall have, within one
month of the launch failure or one month after 5 July 2003, whichever
comes later, notified the Bureau in writing of [the date of the
launch]{.underline} ~~such~~ failure~~, and shall also provide the
following information to the Bureau~~ before the end of the regulatory
time-limit of § 4.1.3[. (WRC-07)]{.underline}~~:~~

~~-- date of launch failure;~~

~~-- due diligence information as required in Resolution **49
(Rev.WRC‑03)** for the assignment with respect to the satellite that
suffered the launch failure, if that information has not already been
provided.~~

~~If, within one year of the request for extension, the administration
has not provided to the Bureau updated Resolution **49 (Rev.WRC‑03)**
information for the new satellite under procurement, the related
frequency assignments shall lapse.     (WRC‑03)~~

**.....**

4.2.6*bis* The regulatory time-limit for bringing into use of an
assignment in the Region 2 Plan obtained through application of § 4.2
may be extended once by not more than three years due to launch failure
in the following cases:

-- the destruction of the satellite intended to bring the assignment
into use;

-- the destruction of the satellite launched to replace an already
operating satellite which is intended to be relocated to bring another
assignment into use; *or*

-- the satellite is launched, but fails to reach its assigned orbital
location.

For this extension to be granted, the launch failure must have occurred
at least five years after the date of receipt of the complete Appendix
**4** data. In no case shall the period of the extension of the
regulatory time-limit exceed the difference in time between the
three-year period and the period remaining from the date of the launch
failure to the end of the regulatory time-limit[^3]^5^. In order to take
advantage of this extension, the administration shall have, within one
month of the launch failure or one month after 5 July 2003, whichever
comes later, notified the Bureau in writing of ~~such~~ [the date of the
launch]{.underline} failure~~, and shall also provide the following
information to the Bureau~~ before the end of the regulatory time-limit
of § 4.2.6. [(WRC-07)]{.underline}~~:~~

~~-- date of launch failure;~~

~~-- due diligence information as required in Resolution **49
(Rev.WRC‑03)** for the assignment with respect to the satellite that
suffered the launch failure, if that information has not already been
provided.~~

~~If, within one year of the request for extension, the administration
has not provided to the Bureau updated Resolution **49 (Rev.WRC‑03)**
information for the new satellite under procurement, the related
frequency assignments shall lapse.     (WRC‑03)~~

**Reasons:** Consequential to SUP Resolution **49 (Rev. WRC-03)*.***

**USA/ /10 MOD**

APPENDIX 30A  (Rev.WRC‑03)

4.1.3*bis* The regulatory time-limit for bringing into use an assignment
in the List may be extended once by not more than three years due to
launch failure in the following cases:

-- the destruction of the satellite intended to bring the assignment
into use; *or*

-- the destruction of the satellite launched to replace an already
operating satellite which is intended to be relocated to bring another
assignment into use; *or*

-- the satellite is launched, but fails to reach its assigned orbital
location.

For this extension to be granted, the launch failure must have occurred
at least five years after the date of receipt of the complete
Appendix **4** data. In no case shall the period of the extension of the
regulatory time-limit exceed the difference in time between the
three-year period and the period remaining from the date of the launch
failure to the end of the regulatory time-limit[^4]. In order to take
advantage of this extension, the administration shall have, within one
month of the launch failure or one month after 5 July 2003, whichever
comes later, notified the Bureau in writing of ~~such~~ [the date of the
launch]{.underline} failure~~, and shall also provide the following
information to the Bureau~~ before the end of the regulatory time-limit
of § 4.1.3. [(WRC-07)]{.underline}~~:~~

~~-- date of launch failure;~~

~~-- due diligence information as required in Resolution **49
(Rev.WRC‑03)** for the assignment with respect to the satellite that
suffered the launch failure, if that information has not already been
provided.~~

~~If, within one year of the request for extension, the administration
has not provided to the Bureau updated Resolution **49 (Rev.WRC‑03)**
information for the new satellite under procurement, the related
frequency assignments shall lapse.     (WRC‑03)~~

**.....**

4.2.6*bis* The regulatory time-limit for bringing into use of an
assignment in the Region 2 Plan obtained through application of § 4.2
may be extended once by no more than three years due to launch failure
in the following cases:

-- the destruction of the satellite intended to bring the assignment
into use; *or*

-- the destruction of the satellite launched to replace an already
operating satellite which is intended to be relocated to bring another
assignment into use; *or*

-- the satellite is launched, but fails to reach its assigned orbital
location.

For this extension to be granted, the launch failure must have occurred
at least five years after the date of receipt of the complete Appendix
**4** data. In no case shall the period of the extension of the
regulatory time-limit exceed the difference in time between the
three-year period and the period remaining from the date of the launch
failure to the end of the regulatory time-limit[^5]^8^. In order to take
advantage of this extension, the administration shall have, within one
month of the launch failure or one month after 5 July 2003, whichever
comes later, notified the Bureau in writing of [the date of
launch]{.underline} ~~such~~ failure~~, and shall also provide the
following information to the Bureau~~ before the end of the regulatory
time-limit of § 4.2.6[. (WRC-07)]{.underline}~~::~~

~~-- date of launch failure;~~

~~-- due diligence information as required in Resolution **49
(Rev.WRC‑03)** for the assignment with respect to the satellite that
suffered the launch failure, if that information has not already been
provided.~~

~~If, within one year of the request for extension, the administration
has not provided to the Bureau updated Resolution **49 (Rev.WRC‑03)**
information for the new satellite under procurement, the related
frequency assignments shall lapse.     (WRC‑03)~~

**Reasons**: Consequential to SUP Resolution **49 (Rev. WRC-03)**.

[^1]: ^2^ DBIU = Date of bringing into use.

[^2]: ^6^ For a launch failure which occurred before 5 July 2003, the
    maximum extension of three years shall apply as from 5 July
    2003.     (WRC‑03)

[^3]: ^1\ 5^ For a launch failure which occurred before 5 July 2003, the
    maximum extension of three years shall apply as from
    5 July 2003.     (WRC‑03)

[^4]: ^8^ For a launch failure which occurred before 5 July 2003, the
    maximum extension of three years shall apply as from 5 July 2003.
         (WRC‑03)

[^5]: ^1\ 8^ For a launch failure which occurred before 5 July 2003, the
    maximum extension of three years shall apply as from 5 July
    2003.     (WRC‑03)