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                                                 **PLENARY MEETING**

  United States of America                       

  proposal for the work of the conference        

  agenda item 1.30                               
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Inequitable situation at the coordination stage for satellite networks\
coordinating under RR 5.488 and RR 5.491

# 1 Introduction

In 1998, the ITU Radiocommunications Bureau (BR) developed a note/rule
for internal guidance concerning the constraint of "*national and
sub-regional systems*" under RR 839/S5.488 and RR 845/S5.491. Following
the deletion, by WRC-2000, of the national/sub-regional limitation, this
rule has subsequently added an inequitable situation at the coordination
stage for satellite network coordination.

It is proposed that to balance this inequity, BR findings for
assignments that have been affected by the application of BR's rule
should be rescinded.

# 2 Background

WRC-2000 considered the national and sub-regional limitations in Nos. RR
839/5.488 and RR 845/5.491 to be so irrelevant and arcane that it not
only chose to suppress them but made the suppression effective
immediately after the Conference. Before that time, there had been no
change to the phrase "*limited to national and sub-regional systems"* in
Nos. RR 839/5.488 and RR 845/5.491 and the associated Rule of Procedures
during 1988-2000, however, the Bureau continued to apply the following
internal rule:

"The notifying administration which intends to use the frequency
assignments by the fixed satellite service in the band 11.7-12.2 GHz for
Region 2 and in the band 12.2-12.5 GHz for Region 3, shall require the
agreement of concerned administrations(s) within the service area of its
satellite networks' beams with the following time limits:

1\) territory of notifying administration not included in the service
area:

within 3 months from the publication of coordination request;

2\) territory of notifying administration included in the service area:

at the time of notification under Article 11;

In the event that the notifying administration fails to the above, the
current finding will be amended to "UNFAVORABLE".

The application of this internal rule means that coordination requests
filed before 3 June 2000 could receive an unfavorable finding at the
coordination stage if a prior agreement from another regional
administration was not provided to the Radiocommunication Bureau within
three months of publishing the network in an IFIC Special Section; and,
requests filed on 3 June 2000 or thereafter are not subject to such
finding at the coordination stage relative to the agreement from other
administrations.

Proposal

Hence, due to the lack of necessity of the underlying Regulations (i.e.
WRC suppression of the national/sub-regional limitation), the inequity
at the coordination process, and lack of process in administration
approval of the Bureau's internally created notes regarding this rule,
it is proposed that the attached Resolution \[NSR\] be adopted. It
instructs that all findings by the Bureau at the coordination stage with
respect to the national and sub-regional aspects of RR 839/5.488 and
RR 845/5.491 to be considered favourable regardless of when the Bureau
received the filing.

**ADD** USA/12/258

DRAFT RESOLUTION \[NSR\] (WRC-03)

Inequitable situation at the coordination stage for satellite networks\
coordinating under No. 5.488 and No. 5.491

The World Radiocommunication Conference (Geneva, 2003),

considering

*a)* that WRC-2000 modified the provisions No. **5.488** and No.
**5.491** removing the restriction "limited to national and sub‑regional
systems" as it applied to geostationary satellite networks in the
fixed-satellite service;

*b)* that the effective date of these revisions was decided as 3 June
2000 via Resolution **59 (WRC-2000)**;

*c)* that coordination requests for geostationary networks filed before
this date are subject to this limitation and the related aspects of the
Rules of Procedure associated with No. **5.488** and No. **5.491**,
while coordination requests for networks filed after 2 June 2000 are not
subject to this limitation;

*d)* that the provisions of No. **5.488** and No. **5.491**, as revised
by WRC-2000, are applied at the notification stage from 3 June 2000 to
all networks notified under Article 11 regardless of whether the
coordination requests were received prior to 3 June 2000 or thereafter;

*e)* that the Radiocommunication Bureau, for a coordination request
subject to the above limitation, has established an internal rule,
without input from administrations, that provides only a three month
period following publication in an IFIC Special Section for the
notifying administration to provide indication of agreement(s) from
other regional administration(s) that might be included in the network's
service area,

recognizing

that this creates an inequitable situation at the coordination stage
whereas:

1 coordination requests filed before 3 June 2000 could receive an
unfavorable finding at the coordination stage, leading to a difficulty
if not impossibility to coordinate, or even discuss

potential coordination, if the relevant frequency assignments receive an
unfavorable finding three months after publication; and,

2 requests filed on 3 June 2000 or thereafter are not subject to such a
finding at the coordination stage,

resolves

that the difference in application of the provisions of No.** 5.488**
and No. **5.491** before and after the in-force date established by
WRC-2000 creates an inequitable situation at the coordination stage, and
this inequity should be eliminated,

instructs the Radiocommunication Bureau

1 to treat coordination requests for geostationary networks in the
fixed-satellite service subject to No.** 5.488** and No.** 5.491** in an
equitable manner regardless of their date of receipt and therefore to
consider that a finding at the coordination stage related to agreements
associated with the prior limitation to national and sub-regional system
is unnecessary;

2 to review all unfavorable findings given at the coordination stage in
respect of No. **5.488** and No. **5.491** accordingly; and

3 to apply this Resolution from 4 July 2003.

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