+-----+------------------------------------------+---------+---------+
| ##  |                                          | *       |         |
| # X |                                          | *OEA/Se |         |
|  ME |                                          | r.L/XVI |         |
| ETI |                                          | I.4.2** |         |
| NG  |                                          |         |         |
| OF  |                                          | **CCP   |         |
| PER |                                          | .II-RAD |         |
| MAN |                                          | IO/doc. |         |
| ENT |                                          | 14      |         |
|     |                                          | 41/07** |         |
| **  |                                          |         |         |
| CON |                                          | **18    |         |
| SUL |                                          | June    |         |
| TAT |                                          | 2007**  |         |
| IVE |                                          |         |         |
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| IOC |                                          |         |         |
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| UNI |                                          |         |         |
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| INC |                                          |         |         |
| LUD |                                          |         |         |
| ING |                                          |         |         |
| BR  |                                          |         |         |
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| CAS |                                          |         |         |
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+-----+------------------------------------------+---------+---------+
|     |                                          |         |         |
+-----+------------------------------------------+---------+---------+
|     | **WRC-07 AGENDA ITEM 1.12: No. 22.2 OF   |         |         |
|     | THE RADIO REGULATIONS**                  |         |         |
+-----+------------------------------------------+---------+---------+
|     | **(Item on the Agenda: 4.1)**            |         |         |
+-----+------------------------------------------+---------+---------+
|     | **(Document submitted by the delegation  |         |         |
|     | of United States of America)**           |         |         |
+-----+------------------------------------------+---------+---------+

**Introduction:**

In this contribution, the United States introduces a new proposal under
Agenda item 1.12 for WRC-07. This proposal responds to suggestions
included in Section 6/1.12/5 of the CPM Report on changes in wording of
No. 22.2 of the Radio Regulations. These changes have been included in a
Draft Inter-American Proposal (DIAP/1.12/9) in Document
CCP.II-RADIO/doc. 1403/07 rev.2 as the result of a contribution to the
IX Meeting of PCC.II in San Salvador. After careful consideration of
this very important regulation, which has been the subject of much
deliberation and debate at several recent WRCs, the United States
strongly believes that No. 22.2 of the Radio Regulations should NOT be
modified in the manner sugggested in Section 6/1.12/5 of the CPM Report
and in DIAP/1.12/9. Instead, the United States opposes the changes
suggested in Section 6/1.12/5 of the CPM Report and in the DIAP to the
same effect in Document CCP.II-RADIO/doc. 1403/07 rev.2, and proposes to
the contrary that No. 22.2 not be changed in any way by WRC-07.

A proposal to this effect is attached.

**Attachment ([NOC]{.underline} proposal from USA for No. 22.2)**

**[ATTACHMENT]{.underline}**

**Agenda item 1.12**

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)

## Proposal for Agenda item 12: Provisions of RR No. 22.2 

**Background information**

RR No. 22.2 is the provision that governs the sharing between
non-geostationary satellite (non-GSO) systems vis-à-vis geostationary
satellite (GSO) networks in the fixed-satellite service (FSS) and the
broadcasting-satellite service (BSS), except when it is explicitly
disabled through a footnote in RR Article 5 or through a Resolution
adopted by a World Radiocommunication Conference (WRC).

Section 6/1.12/5 of the CPM Report specifies that there are two and only
two situations in the RRs with regard to No. 22.2. In the first case,
No. 22.2 has been removed from a particular FSS or BSS band, putting
non-GSO systems on an equal footing with BSS or FSS GSO networks (as the
case may be). In the second case, No. 22.2 is quantified (e.g., No.
22.5I by meeting the epfd limits) and the provisions of Article 5
contain footnotes that preclude a non-GSO system from claiming
protection from a GSO FSS/BSS network that is operating in accordance
with the Radio Regulations (e.g., No. 5.484A).

In a frequency band where No. 22.2 has been disabled, the language of
No. 22.2, current or modified, is irrelevant. In the second case above,
copying Article 5 text that obligates non-GSO systems not to claim
protection from a GSO into No. 22.2 appears not to do anything that the
RRs do not already do. In both of these cases, then, there is no reason
to change No. 22.2 in the manner suggested in the CPM Report.

The CPM Report fails to mention that there are additional cases of how
No. 22.2 is applied that are not covered by Section 6/1.12/5. One
omitted case involves the numerous FSS and unplanned BSS bands where No.
22.2 remains applicable, but where no EPFD limits have been adopted and
No. 9.11A is not applied. An example of these bands is the pair of FSS
bands at 37.5-42.5 GHz and 47.2-50.2 GHz. In these bands, WRC-03 has
held open the possibility that greater flexibility and sharing between
non-GSO and GSO FSS systems may emerge. It specified, in *considerings
g)* and *h)* of Resolution 136 (Rev.WRC-03):

*g)* that in the frequency range 37.5-50.2 GHz where there has been
little or no deployment of satellite systems to date, administrations
concerned with both GSO FSS and non-GSO FSS systems should be expected
to exhibit flexibility in achieving the appropriate balance in the
sharing environment;

*h)* that this Conference, having considered the outcome of the ITU‑R
studies on this subject, as summarized in the CPM Report to this
Conference, has decided that further studies are needed before the
conditions for non-GSO FSS systems to share these bands with GSO FSS
networks can reliably be determined,

Changing No. 22.2, which applies in the Resolution 136 bands, in the
manner suggested in the CPM Report example, would prejudge these
important studies, and possibly remove flexibility that WRC-03 wanted to
preserve.

No. 22.2 of the Radio Regulations was modified at WRC-97, and appears to
have worked very well since then. The current regulation was the basis
of EPFD limitations adopted at WRC-2000 and WRC-03 in a number of FSS
and BSS frequency bands.

The only justification given in the CPM Report for changing the provsion
is that the new words would duplicate material already in Article 5
footnotes. This is not universally so in bands where No. 22.2 applies,
as noted above. Even if it were so, it is questionable at best whether
adding language to No. 22.2 that is already in the RRs is a suitable
justification for changing No. 22.2. The regulations are not
inconsistent today.

Finally, it simply does not make sense to revisit one of the most
controversial and heavily debated regulations of recent WRCs without
having very good cause to do so. No. 22.2 is the basis for a number of
limits on non-GSO satellite systems. There are associated provisions in
some bands that apply to GSO networks to provide some protection to
non-GSO systems. Changing the language of No. 22.2 in the manner
suggested in the CPM Report may unintentionally disturb this delicate
balance, and necessitate revisiting matters that are now successfully
resolved.

For all of these reasons, the proposal below is that the text of No.
22.2 of the Radio Regulations NOT be changed in any way by WRC-07.

**Proposal**

**[NOC]{.underline}** USA/1.12/X

**No. 22.2**

**Reasons:** The reasons provided in the CPM Report are incomplete;
other cases exist where changing No. 22.2 as shown in the CPM Report
would prejudice the sharing situation. Modifying such an important and
historically controversial regulation as No. 22.2 could disturb a
delicate balance that is reflected in many RRs, and could have
unintended negative consequences.