" ! SENATE 104TH CONGRESS

2d Session

TREATY DOC.

104–34

CONSTITUTION AND CONVENTION OF THE

INTERNATIONAL TELECOMMUNICATION UNION

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION (ITU), WITH ANNEXES, SIGNED AT GENEVA ON DECEMBER 22, 1992, AND AMENDMENTS TO THE CONSTITUTION AND CONVENTION, SIGNED AT KYOTO ON OCTOBER

14, 1994, TOGETHER WITH DECLARATIONS AND RESERVATIONS

BY THE UNITED STATES AS CONTAINED IN THE FINAL ACTS

SEPTEMBER 13, 1996.—Constitution and Convention 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.
CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

29–118

" ! SENATE 104TH CONGRESS

2d Session

TREATY DOC.

1996

104–34

CONSTITUTION AND CONVENTION OF THE

INTERNATIONAL TELECOMMUNICATION UNION

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

CONSTITUTION AND CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION (ITU), WITH ANNEXES, SIGNED AT GENEVA ON DECEMBER 22, 1992, AND AMENDMENTS TO THE CONSTITUTION AND CONVENTION, SIGNED AT KYOTO ON OCTOBER

14, 1994, TOGETHER WITH DECLARATIONS AND RESERVATIONS

BY THE UNITED STATES AS CONTAINED IN THE FINAL ACTS

SEPTEMBER 13, 1996.—Constitution and Convention 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.

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, September 13, 1996.

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 Constitution and Convention

of the International Telecommunication Union (ITU), with Annexes, signed at Geneva on December 22, 1992, and amendments

to the Constitution and Convention, signed at Kyoto on October 14,

1994, together with declarations and reservations by the United

States as contained in the Final Acts. I transmit also, for the information of the Senate, the report of the Department of State with

respect to the Constitution and Convention and the amendments

thereto.

The 1992 Constitution and Convention replace the ITU Convention signed in Nairobi in 1982. Prior to the 1992 Constitution and

Convention, the ITU Convention had been routinely replaced at

successive Plenipotentiary Conferences every 5 to 10 years. The

1992 Constitution and Convention represent the first basic instruments of the ITU intended to be permanent. Basic provisions on

the organization and structure of the ITU and fundamental substantive rules governing international telecommunications matters

are embodied in the Constitution. The ITU Convention is comprised of provisions on the functioning of the ITU and its constituent parts.

The 1992 Constitution and Convention reflect the effort by ITU

Member countries to restructure the ITU to make it more effective

in responding to the changes taking place in telecommunications.

The United States is pleased with the restructuring of the ITU.

The changes adopted are expected to enable the ITU to meet challenges brought on by the dynamic telecommunications environment.

The 1994 ITU Plenipotentiary Conference was convened less

than 4 months after the entry into force of the Constitution and

Convention to amend the 1992 Constitution and Convention. Recognizing that more time should be allowed to evaluate the extensive changes to the structure of the ITU, the Conference adopted

only a few minor amendments, which were acceptable to the United States.

In signing the 1992 Constitution and Convention and the 1994

amendments, the United States made certain declarations and reservations. The specific declarations and reservations are discussed

in the report of the Department of State.

The 1992 Constitution and Convention entered into force July 1,

1994, for states which, by that date, had notified the Secretary
IV

General of the ITU of their approval thereof and, in the same manner, the amendments to the Constitution and Convention entered

into force on January 1, 1996.

Subject to the U.S. declarations and reservations mentioned

above, I believe the United States should be a party to the ITU

Constitution and Convention, as amended. They will improve the

efficiency of management of the ITU and will allow it to be more

responsive to the needs of the United States Government and private sector. It is my hope that the Senate will take early action on

this matter and give its advice and consent to ratification.

WILLIAM J. CLINTON.
(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, July 15, 1996.

The PRESIDENT,

The White House.

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

to transmission to the Senate for advice and consent to ratification,

the Constitution and Convention of the International Telecommunication Union (ITU), with annexes, signed by the United States at

a Plenipotentiary Conference at Geneva on December 22, 1992;

Amendments to the Constitution and Convention, signed by the

United States at Kyoto on October 14, 1994; and U.S. declarations

and reservations, as contained in the Declarations and Reservations made by participating Member countries at the end of the Geneva and Kyoto Conferences.

The texts of the 1992 Constitution and Convention, with annexes

and U.S. declarations and reservations, are 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) an Optional Protocol to

the Convention; (3) Resolutions; and (4) a Recommendation. The

certified English language texts of the 1992 Constitution and Convention and other Acts are submitted herewith. Certified copies of

the texts in Arabic, Chinese, French, Russian, and Spanish are also

available.

The texts of the 1994 Amendments to the Constitution and Convention, with U.S. declarations and reservations, also are contained

in a bound volume which includes other documents that do not require ratification by the United States. The certified English language texts of the 1994 Final Acts are submitted herewith. Certified copies of the texts in Arabic, Chinese, French, Russian, and

Spanish are also available.

The ITU, with over 180 member States, is the United Nations

specialized agency responsible for international telecommunications. The ITU is the principal global forum for telecommunication standardization activities, for management and use of the

radio spectrum, and for promoting and offering technical assistance

in the field of telecommunications to developing countries. At their

1989 Plenipotentiary Conference, ITU Members, while adopting a

Constitution and Convention, decided to create a High-Level Committee (HLC) to examine the structure and functioning of the ITU

and to make recommendations on changing the ITU to ensure that

it could effectively deal with the rapidly changing telecommunications environment, including the introduction of new technologies
VI

and services. The United States was one of the 21 ITU Members

on the HLC. The HLC issued a report entitled ‘‘Tomorrow’s ITU:

The Challenges of Change’’ that recognized the rapid changes in

telecommunication technologies and services and made numerous

recommendations aimed at restructuring the ITU so that the ITU

would continue to play its leading role in world telecommunications. The United States generally supported the recommendations of the HLC and their implementation.

The 1992 Geneva Conference was convened to consider proposals

by ITU Member countries concerning the restructuring of the ITU.

Proposals were based on the recommendations of the HLC as well

as the views of Member countries. The 1992 Conference decided to

recommend that ITU Members not bring the 1989 ITU Constitution and Convention into force, but that they instead adopt full

texts of a Constitution and a Convention that could be amended as

necessary, by future Plenipotentiary Conferences.

The basic principles regarding the organization and structure of

the ITU and fundamental substantive rules governing international telecommunications are embodied in the 1992 Constitution. The 1992 Convention, which is comprised of provisions on the

functioning of the ITU, is intended to be more easily modified and

thus more flexible.

The 1992 Constitution and Convention restructure the ITU by

establishing three sectors—Radiocommunication, Telecommunication Standardization and Telecommunication Development—that

replace the previous permanent organs. Each sector is headed by

a Director who is elected by the Members at Plenipotentiary Conferences. The division of work among the three sectors is similar

to the division under the 1982 Nairobi Convention and interim resolutions. New procedures have been added to permit more rapid

consideration and adoption of recommended standards. Some issues

that were previously considered radiocommunication issues are

now being addressed with similar issues under the purview of the

Telecommunication Standardization Sector. The restructuring is intended to enable the ITU to respond more effectively to the changing telecommunications environment and to meet the needs of

Member governments and telecommunication entities that participate in the work of the Union.

The meetings and conferences of the ITU are renamed and, in

most cases, there are changes in their mandate. The ITU Administrative Council, which was the governing body of the ITU in the

interval between plenipotentiary conferences, is now called the ITU

Council. (See Constitution, Article 10.) The Council has more responsibility than did the Administrative Council to consider broad

telecommunication policy issues, including the strategic plan of the

ITU.

Chapter II of the Constitution (Articles 12–16) sets forth the provisions concerning the Radiocommunication Sector. World Administrative Radio Conferences, which were convened as necessary to

consider changes to the Radio Regulations concerning specific communication services (mobile, broadcasting, or space services) or the

Radio Regulations in general, are replaced by World

Radiocommunication Conferences which are held every two years

to consider any subject within their competence and on the agenda.
VII

(See Article 13.) World Radiocommunication Conferences amend

the Radio Regulations, which contain provisions regulating the use

of the radio spectrum and geostationary orbital positions vital for

the continuing operation of existing systems and for the early introduction of new and innovative radio technologies. For U.S. companies that are leading the world in the development and introduction of new services, the two-year cycle will allow proposals for the

allocation of radio spectrum for these services to be introduced and

considered more rapidly.

Plenary Assemblies of the International Radio Consultative Committee, which were held every four years to approve recommendations, i.e., standards for radiocommunication services, are now

called Radiocommunication Assemblies. They are to be held every

two years in association with World Radiocommunication Conferences. (See Article 13.)

The five-member, full-time elected International Frequency Registration Board, which was responsible for the examination and

registration of radio frequency assignments, is replaced by an elected nine-member, part-time Radio Regulations Board within the

Radiocommunication Sector. (See Article 14.) The Radio Regulations Board approves the Rules of Procedure used by the director

and the bureau in applying the Radio Regulations to register frequency assignments made by Members and considers certain matters that cannot be resolved through application of the Rules of

Procedure.

The Telecommunication Standardization Sector is addressed in

Chapter III (Articles 17–20) of the Constitution. The Plenary Assemblies of the International Telegraph and Telephone Consultative Committee, which met every four years to approve recommendations for technical, operational and tariff questions related to telecommunication services, are replaced by World Telecommunication Standardization Conferences (Article 18), which

also will meet every four years. The change in title of these conferences reflects the fact that the sector now deals with a broad

range of rapidly evolving telecommunications services over both the

public switched network and private lines, as well as such issues

as numbering plans and international settlement of accounts. Provision was also made for convening World Conferences on International Telecommunications (Article 25) at infrequent intervals to

consider basic issues pertaining to the provision of telecommunications services, including those covered by the binding International Telecommunication Regulations.

Chapter VI of the Constitution (Articles 21–24) covers the Telecommunications Development Sector. This sector replaces the Telecommunication Development Bureau, which was established by

resolution at the 1989 Nice Plenipotentiary Conference to facilitate

and enhance telecommunications development. World and regional

Telecommunication Development Conferences, established by resolution in Nice, will continue to be convened. The world conferences

are held approximately every four years; the frequency of regional

conferences is to depend on availability of resources and need.

The entities and organizations authorized to participate in the

work of the sectors of the ITU were expanded by Article 19 of the

Convention to include, inter alia, scientific and technical organiza-
VIII

tions, financial or development institutions and other entities dealing with telecommunication matters that are approved by member

states. Certain rights and related obligations (including financial

obligations) of these entities and organizations are also established

in the Constitution and Convention. Pursuant to Article 19 of the

Convention, the ITU Council is to develop criteria and procedures

for entities dealing with telecommunication matters to participate

in ITU activities.

Additionally, to enhance the participation of those entities and

organizations described in Article 19(1) of the Convention in the activities of the Union and to provide them a role in determining the

priorities of the study groups in the Radiocommunication and Telecommunication Standardization Sectors (Convention, Articles 11

and 14), the 1992 Plenipotentiary Conference established advisory

groups for those two sectors. This will help to ensure that the ITU

is responsive to the needs of Member countries and to private sector participants in the ITU. In addition, the Director of the Telecommunication Development Sector is to receive advice from an advisory board (Convention, Article 18). The purpose of each Advisory

Group is to review the priorities and strategies of its sector and to

make recommendations to the directors.

The 1992 Constitution and Convention also make significant

changes to the management of the ITU designed to increase its effectiveness and responsiveness.

—Articles 4 and 5 of the Convention establish a two-year budget

cycle instead of the past one-year cycle and mandate the establishment of a strategic plan for the ITU. The ITU Secretariat

is also instructed to prepare an annual strategic policy and

planning report for the ITU Council and the ITU Council is to

consider the report each year.

—Article 55 of the Constitution and Article 42 of the Convention

allow amendments to enter into force for countries that have

ratified or approved the amendments at a date fixed by the

adopting plenipotentiary conference rather than after twothirds of the Members have deposited instruments of ratification, acceptance or approval, or accession as had been adopted

at the Nice Plenipotentiary Conference.

The 1994 Kyoto Plenipotentiary Conference was convened less

than four months after the entry into force of the 1992 Constitution

and Convention. There were a number of proposals to amend the

new Constitution and Convention—to correct oversights; to refine

the 1992 changes; to further restructure the ITU; and, in some instances, to revert to provisions in the earlier Convention (Nairobi,

1982). After much deliberation, the Conference rejected the vast

majority of the proposals to amend the Constitution and Convention in part because there was a consensus that more time should

be allowed to evaluate the extensive changes to the structure of the

ITU which had only recently taken effect and in part because many

of the proposals were substantively flawed. There were only minor

changes made to the Constitution and Convention concerning the

function of the Plenipotentiary Conference, elections, and finances.

An amendment to the Convention—strongly supported by the U.S.

private sector—provides for the ITU’s Secretary-General to invite

private sector entities and organizations described in Article 19(1)
IX

to send observers to Plenipotentiary Conferences. The changes are

acceptable to the United States.

Article 4 of the 1992 Constitution provides that the Constitution

and Convention are ‘‘complemented by’’ the Administrative Regulations—the International Telecommunication Regulations and the

Radio Regulations—‘‘which regulate the use of telecommunications

and are binding on all Members.’’ Article 54 of the 1992 Constitution establishes mechanisms for the entry into force of Administrative Regulations adopted by competent World Conferences subsequent to the date of signature of the 1992 Constitution and Convention.

ITU practice provides for declarations and reservations to be submitted by governments prior to signature of instruments adopted

by a conference, for inclusion in the Final Acts of the conference.

In 1992, the United States submitted three declarations and reservations, which are included in the 1992 Final Acts. The first

(Number 68) incorporates by reference reservations and declarations from previous administrative conferences and reserves the

right to make additional specific reservations at the time of deposit

of its instrument of ratification to the Constitution and Convention.

The full text reads as follows:

The United States of America reiterates and incorporates by reference all reservations and declarations

made at world administrative conferences.

The United States of America does not by signature by

any subsequent ratification of the Constitution and the

Convention of the International Telecommunication Union

(Geneva, 1992) consent to be bound by the Administrative

Regulations adopted prior to the date of signature of these

Final Acts. Nor shall the United States of America be

deemed to have consented to be bound by revisions of the

Administrative Regulations, whether partial or complete

revisions, adopted subsequent to the date of signature of

these Final Acts, without specific notification to the International Telecommunication Union by the United States of

America of its consent to be bound.

Finally, the United States of America refers to Article

32, paragraph 16 of the Convention and notes that in considering the Constitution and Convention, the United

States may find it necessary to make additional reservations. Accordingly, the United States of America reserves

the right to make additional specific reservations at the

time of deposit of its instrument of ratification to the Constitution and the Convention.

The second (Number 73), in which the United States joined with

26 other countries, was in response to statements by Colombia and

Kenya and reaffirms the Declarations made

* * * when signing the Final Acts of the World Administrative Radio Conference (Geneva, 1979), and the World

Administrative Radio Conference on the Use of the Geostationary-Satellite Orbit and the Planning of Space Services Utilizing It (first and second sessions, Geneva, 1985

and 1988), the Plenipotentiary Conference of the Inter-
X

national Telecommunication Union (Nice, 1989) and in the

Final Protocol of the International Telecommunication

Convention (Nairobi, 1982) as if these Declarations were

here repeated in full.

The above-mentioned Delegations also wish to state that

reference in Article 44 of the Constitution to the ‘‘geographical situation of particular countries’’ does not imply

a recognition of claim to any preferential rights to the geostationary-satellite orbit.

The third (Number 82) reads:

The United States of America refers to Declarations

made by various Members reserving their rights to take

any such actions as they may consider necessary to safeguard their interests in response to reservations by other

countries which jeopardize their interests, application of

provisions of the Constitution and Convention (Geneva,

1992) which adversely affect their interests, and other

Members not sharing in defraying the expenses of the

Union. The United States of America reserves the right to

take whatever measures it may consider necessary to safeguard United States interests in response to such actions.

In 1994, the United States made four declarations and reservations that are included in the Final Acts of the Kyoto Conference.

The first two (Numbers 84 and 92) substantively restate and reaffirm U.S. declarations and reservations made in Numbers 68 and

73 at the 1992 Plenipotentiary Conference.

The third (Number 97) in 1994 addresses a misleading statement

submitted by a number of countries regarding the status of amendments to the Administrative Regulations. The United States submitted a declaration in response as follows:

The United States of America refers to Declaration 80

made by many delegations. The United States of America

notes that the United States of America does not agree

with various points in that Declaration and that Declaration No. 80, which is prospective in nature, was not made

at the time of signature of the Constitution and the Convention of the International Telecommunication Union

(Geneva, 1992) and does not affect the application to the

United States of America of Article 54 of the Constitution

(Geneva, 1992).

The fourth (Number 98) in 1994 was in response to a statement

by Cuba reserving its right to take any steps that it may deem necessary against U.S. radio and television broadcasting to Cuba and

denouncing U.S. use of radio frequencies at Guantanamo, Cuba. It

reads as follows:

The United States of America, noting the Statement (No.

40) entered by the delegation of Cuba, recalls its rights to

broadcast to Cuba on appropriate frequencies free of jamming or other wrongful interference and reserves its rights

with respect to existing interference and any future interference by Cuba with United States broadcasting. Furthermore, the United States of America notes that its presence
XI

in Guantanamo is by virtue of an international agreement

presently in force; the United States of American reserves

the right to meet its radiocommunication requirements

there as heretofore.

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

the U.S. instruments of ratification of the Constitution and Convention and of the amendments. In the view of the Department of

State and other interested agencies, no additional reservations are

necessary to protect U.S. interests.

Ratifying the Constitution and Convention of the International

Telecommunication Union, signed by the United States at Geneva,

on December 22, 1992, along with the amendments thereto, signed

by the United States at Kyoto on October 14, 1994, will enable the

United States to continue to play a full and active role in the affairs of the ITU. (As of July 1, 1996, only those countries that have

ratified the Constitution and Convention may vote in the ITU.)

The 1992 ITU Constitution and Convention and the 1994

Amendments will not require any 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; and the United States Information Agency concur in my recommendation that the Constitution and Convention (Geneva, 1992), the amendments to the Constitution and Convention (Kyoto, 1994), with the U.S. declarations

and reservations to those instruments, be submitted herewith be

transmitted to the Senate for its consideration and advice and consent to ratification.

Respectfully submitted,

WARREN CHRISTOPHER.
(1)
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