U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

99–118

" SENATE ! 107TH CONGRESS

2d Session 

TREATY DOC. 

2002

107–17

PARTIAL REVISION (1992) OF RADIO REGULATIONS 

(GENEVA 1979)

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

1992 PARTIAL REVISION OF THE RADIO REGULATIONS (GENEVA, 

1979), WITH APPENDICES, SIGNED BY THE UNITED STATES AT 

MALAGA-TORREMOLINOS ON MARCH 3, 1992 (THE ‘‘1992 PARTIAL 

REVISION’’), TOGETHER WITH DECLARATIONS AND RESERVATIONS OF THE UNITED STATES 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)

SEPTEMBER 30, 2002.—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 


E:\Seals\Congress.#13
(III)

LETTER OF TRANSMITTAL 

THE WHITE HOUSE, September 30, 2002. 

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 1992 Partial Revision of the 

Radio Regulations (Geneva, 1979), with appendices, signed by the 

United States at Malaga-Torremolinos on March 3, 1992 (the ‘‘1992 

Partial Revision’’), together with declarations and reservations of 

the Untied States 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). I transmit also, 

for the information of the Senate, the report of the Department of 

State concerning these revisions. 

The 1992 Partial Revision, which was adopted at WARC–92, constitutes a revision of the International Telecommunication Union 

(ITU) Radio Regulations (Geneva, 1979), as revised, to which the 

United States is a party. It provides for additional spectrum for 

new or expanding telecommunication services, primarily terrestrial 

and satellite broadcasting, terrestrial and satellite mobile and 

space services and is consistent with the proposals and positions 

taken by the United States at the conference. 

Subject to the U.S. declarations and reservations mentioned 

above, I believe that the United States should become a party to 

the 1992 Partial Revision, which provides additional spectrum for 

existing and new telecommunication services in which the United 

States plays a significant leadership role. 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

(V)

LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, DC, July 17, 2002. 

The PRESIDENT, 

The White House. 

THE PRESIDENT: I have the honor to submit to you, with a view 

to its transmission to the Senate for advice and consent to ratification, the Partial Revision of the Radio Regulations (Geneva, 1979), 

with appendices, signed by the United States on March 3, 1992 

(the ‘‘1992 Partial Revision’’). I also have the honor to submit to 

you certain U.S. declarations and reservations to the 1992 Partial 

Revision that also require Senate advice and consent. 

The 1992 Partial Revision was adopted at the World Administrative Radio Conference for Dealing with Frequency Allocations in 

Certain Parts of the Spectrum (WARC–92), held under the auspices 

of the International Telecommunication Union (ITU) at MalagaTorremolinos, Spain, from February 3 to March 3, 1992. The 1992 

Partial Revision entered into force on October 12, 1993, for governments that, by that date, had notified the ITU Secretary General 

of their approval thereof and will enter into force for the United 

States upon deposit of the U.S. instrument of ratification with the 

ITU Secretary General. The text of the 1992 Partial 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 1992 

Partial 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 management and use of the radio spectrum, telecommunication standardization activities and efforts to develop and 

expand worldwide telecommunications. WARC–92 was convened to 

address international spectrum allocations and radio regulations in 

many different services. Advances in technology producing new operating requirements, as well as unresolved matters from a series 

of specialized WARCs during the 1980s generated the need for this 

wide-ranging conference. 

The major elements of the 1992 Partial Revision are summarized 

below: 

VI

HF BROADCASTING SERVICE

The Voice of America High Frequency (HF) broadcasting plays a 

key role in promoting U.S. foreign policy goals and the American 

way of life through broadcasts to developing countries, some of 

which are closed societies. The U.S. proposals sought a considerable 

amount of additional spectrum (1325 kHz in Region 2 and 1125 

kHz in both Regions 1 and 3) to relieve frequency congestion in the 

existing HF broadcasting bands. This proposal was an ambitious 

request and, as expected, generated intense opposition by developing countries that still have a continuing need for HF spectrum 

for fixed services. Nonetheless, the United States, with the support 

of other countries with considerable requirements for HF broadcasting frequencies, was able to obtain an additional 790 kHz of 

spectrum. This spectrum includes 200 kHz in the optimal HF 

broadcasting bands between 7 and 10 MHz, where the U.S. needs 

are the greatest. That notwithstanding, the United States, through 

a reservation (see below, Number 67) submitted at the time of signature of the Final Acts, expressed its concern that the amount of 

spectrum below 10 MHz allocated for HF broadcasting was not sufficient to meet the HF needs of the broadcasting service. The U.S. 

delegation through that reservation reserved the U.S. right to take 

any steps necessary to meet its HF broadcasting needs in bands 

used by other services, as it has been doing for many years. 

SATELLITE SOUND BROADCASTING

Satellite sound broadcasting was another contentious issue at 

WARC–92. The United States and many other countries proposed 

that spectrum be allocated for compact disc quality, digital audio 

broadcasting service from satellites directly to receivers. The disagreement among WARC–92 participants concerned the frequency 

band to be allocated for this service. The vast majority of the countries selected the 1452–1492 MHz frequency band. However, a 

number of the largest countries, including the United States, Russia, Japan, China and India, selected either the 2310–2360 MHz, 

the U.S. choice, or the 2535–2655 MHz frequency band for this 

service. The conference adopted the allocations for all three frequency bands. 

Subsequent to the conference, Mexico joined the United States in 

developing its sound broadcasting service in the 2310–2360 MHz 

and an agreement has been reached with Canada on conditions for 

its development of sound broadcasting in the 1452–1492 MHz 

band. 

MOBILE SATELLITE SERVICES

A considerable amount of spectrum was allocated in response to 

a number of U.S. proposals to support a range of new technology 

advanced 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 the United States was not able to gain WARC–92 

agreement for all of its proposed allocations, it was reasonably satVerDate Sep 04 2002 00:04 Oct 02, 2002 Jkt 099118 PO 00000 Frm 00006 Fmt 7633 Sfmt 7633 E:\HR\OC\TD017.XXX TD017
VII

isfied with what it did obtain. The United States nonetheless expressed its concerns about the conference allocations through a reservation (see below, Number 67) submitted at the time of signature 

of the Final Acts. In that reservation, the United States reserved 

its right to take any necessary steps to meet U.S. mobile-satellite 

needs in the 1–3 GHz band. 

SPACE SERVICES

Responding to other high priority U.S. proposals, the conference 

allocated frequency bands to support many 21st century projects of 

the U.S. National Aeronautics and Space Administration (NASA), 

including communications for a space station, a moon colony and 

a manned mission to Mars. The conference also allocated 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. 

The United States also won approval for an allocation to support 

a U.S. data relay satellite system, which will 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. 

Another U.S. objective was to upgrade the status and expand the 

allocations for space research service deep space applications and 

to obtain spectrum for the next generation of unmanned deep space 

exploratory programs. This U.S. objective was met and NASA will 

be able to achieve greater data rates and better resolution images 

of solar system objects. 

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 1992, the United States submitted three separate statements containing declarations and reservations that are included in the 1992 Final Acts. These declarations and reservations require Senate advice and consent to ratification. 

The first (Number 67) concerns decisions of the conference that, 

in the view of the United States, 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. The full text reads 

as follows:

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. 

VIII

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 [International Telecommunication 

Convention (Nairobi, 1982]. 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 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 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 Telecommunications Convention and the Administrative Regulations in 

force. In particular, sub-paragraph b) shall not be interpreted to constitute a recognition of claims 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 an implemented in accordance with the International Telecommunication Convention and the Administrative Regulations.

The second (Number 79), in which the United States was joined 

by the United Kingdom of Great Britain and Northern Ireland, concerned mobile-satellite services provided in the frequency band 

below 3 GHz. The reservation reflects U.S. and U.K. concerns that 

certain provisions of the 1992 Partial Revision could lead to an unnecessary burden of requiring coordination between geostationary 

space stations and terrestrial services. Both delegations refused to 

IX

accept any additional commitments for coordination. The full text 

reads as follows:

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. Footnotes 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.

The third (Number 80), was in response to two statements, one 

by Cuba and the other by several states of the former USSR. 

Cuba’s statement concerns use of radio frequencies by the United 

States at the U.S. naval base at Guantanamo, Cuba. The other 

statement, by Belarus, Russia and Ukraine, concerns the application of the Radio Regulations to themselves and other successor 

states of the former USSR. The U.S. response reads as follows:

I 

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. 

II 

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.

The Department of States and the other agencies involved recommend that these declarations and reservations be confirmed in 

the U.S. instrument of ratification to the 1992 Partial Revision. 

The Department of State and the other interested agencies are of 

the view that no additional reservations are required. The 1992 

Partial Revision will not require implementing legislation on the 

part of the United States. The Federal Communications Commission; the National Telecommunications and Information Administration, Department of Commerce; the Department of Defense; the 

Broadcasting Board of Governors; the National Aeronautics and 

X

Space Administration; the Coast Guard; and the Federal Aviation 

Administration, Department of Transportation concur in my recommendation that the 1992 Partial Revision, with the U.S. declarations and reservations thereto be transmitted to the Senate for its 

consideration and advice and consent to ratification. 

Respectfully submitted, 

COLIN L. POWELL. 

(1)


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