U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–118

" SENATE ! 108TH CONGRESS

1st Session 

TREATY DOC. 

2003

108–5

AMENDMENTS TO CONSTITUTION AND CONVENTION 

OF INTERNATIONAL TELECOMMUNICATION UNION 

(ITU) (GENEVA 1992)

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

AMENDMENTS TO THE CONSTITUTION AND CONVENTION OF THE 

INTERNATIONAL TELECOMMUNICATION UNION (ITU) (GENEVA 

1992), AS AMENDED BY THE PLENIPOTENTIARY CONFERENCE 

(KYOTO 1994), TOGETHER WITH DECLARATIONS AND RESERVATIONS BY THE UNITED STATES AS CONTAINED IN THE FINAL 

ACTS OF THE PLENIPOTENTIARY CONFERENCE (MINNEAPOLIS 

1998)

APRIL 30, 2003.—The 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, April 30, 2003. 

To the Senate of the United States: 

I transmit herewith for Senate advice and consent to ratification, 

the amendments to the Constitution and Convention of the International Telecommunication Union (ITU) (Geneva 1992), as amended by the Plenipotentiary Conference (Kyoto 1994), together with 

declarations and reservations by the United States as contained in 

the Final Acts of the Plenipotentiary Conference (Minneapolis 

1998). I transmit also, for the information of the Senate, the report 

of the Department of State concerning these amendments. 

Prior to 1992, and as a matter of general practice, previous Conventions of the ITU were routinely replaced at successive Plenipotentiary Conferences held every 5 to 10 years. In 1992, the ITU 

adopted a permanent Constitution and Convention. The Constitution contains fundamental provisions on the organization and 

structure of the ITU, as well as substantive rules applicable to 

international telecommunications matters. The ITU Convention 

contains provisions concerning the functioning of the ITU and its 

constituent organs. 

Faced with a rapidly changing telecommunication environment, 

the ITU in 1994 adopted a few amendments to the 1992 Constitution and Convention. These amendments were designed to enable 

the ITU to respond effectively to new challenges posed. 

The pace at which the telecommunication market continues to 

evolve has not eased. States participating in the 1998 ITU Plenipotentiary Conference held in Minneapolis submitted numerous 

proposals to amend the Constitution and Convention. As discussed 

in the attached report of the Department of State concerning the 

amendments, key proposals included the following: amendments to 

clarify the rights and obligations of Member States and Sector 

Members; amendments to increase private sector participation in 

the ITU with the understanding that the ITU is to remain an 

intergovernmental organization; amendments to strenghten the finances of the ITU; and amendments to provide for alternative procedures for the adoption and approval of questions and recommendations. 

Consistent with longstanding practice in the ITU, the United 

States, in signing the 1998 amendments, made certain declarations 

and reservations. These declarations and reservations are discussed in the report of the Department of State, which is attached 

hereto. 

The 1992 Constitution and Convention and the 1994 amendments thereto entered into force for the United States on October 

26, 1997. The 1998 amendments to the 1992 Constitution and ConVerDate Jan 31 2003 13:14 May 05, 2003 Jkt 019118 PO 00000 Frm 00003 Fmt 7633 Sfmt 7633 E:\HR\OC\TD005.XXX TD005
IV

vention as amended in 1994 entered into force on January 1, 2000, 

for those states, which, by that date, had notified the Secretary 

General of the ITU of their approval thereof. As of the beginning 

of this year, 26 states had notified the Secretary General of the 

ITU of their approval of the 1998 amendments. 

Subject to the U.S. declarations and reservations mentioned 

above, I believe the United States should ratify the 1998 amendments to the ITU Constitution and Convention. They will contribute to the ITU’s ability to adapt to a rapidly changing telecommunication environment and, in doing so, will serve the needs 

of the United States Government and U.S. industry. 

I recommend that the Senate give early and favorable consideration to these amendments and that the Senate give its advice and 

consent to ratification.

GEORGE W. BUSH. 

(V)

LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, DC, March 1, 2002. 

The PRESIDENT, The White House. 

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

to their transmission to the Senate for advice and consent to ratification, amendments to the Constitution and Convention of the 

International Telecommunication Union (Geneva, 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994), signed by the 

United States at a Plenipotentiary Conference at Minneapolis on 

November 6, 1998 (the ‘‘1998 Conference’’). I also have the honor 

to submit to you certain U.S. declarations and reservations that 

also require Senate advice and consent. 

The text of the amendments, with annexes and 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) Rules of Procedure of Conferences and Other 

Meetings of the International Telecommunication Union; (3) Decisions; (4) Resolutions; and (5) a List of Abrogated Decisions and 

Resolutions. The certified English-language text of the amendments is submitted herewith. Certified copies of the Arabic, Chinese, French, Russian, and Spanish versions of the text are also 

available. 

The International Telecommunication Union (ITU), with over 180 

Member States, is the United Nations specialized agency with responsibility for certain international telecommunication matters. It 

provides a forum for global telecommunication standardization activities; for the international allocation, management, and use of 

radio spectrum; and, in the case of developing countries, for the 

promotion and provision of technical assistance in the area of telecommunications. These activities take place under the auspices of 

three ‘‘Sectors’’—the Telecommunication Standardization Bureau, 

the Radiocommunication Bureau, and the Development Bureau. 

Over the past two decades, the telecommunication environment 

has experienced rapid change. Member States of the ITU and the 

organization itself have had to consider and adopt measures that 

will enable them to adapt effectively to these changes. This has led 

Member States to consider the extent to which changes in the 

structure and functioning of the ITU are necessary. In 1989, the 

ITU Member States created a High-Level Committee (HLC) to examine the structure and functioning of the ITU and to issue recommendations on the kind of changes required to ensure that the 

ITU could effectively adapt to the new telecommunication environVerDate Jan 31 2003 18:52 May 05, 2003 Jkt 019006 PO 00000 Frm 00005 Fmt 7633 Sfmt 7633 E:\HR\OC\TD005.XXX TD005
VI

ment. The United States participated in the HLC and generally 

supported its recommendations.

At the 1992 Geneva Plenipotentiary Conference, Member States, 

based in part on the recommendations of the HLC, submitted proposals on the restructuring of the ITU. These proposals led to the 

adoption of what was intended to be a permanent Constitution and 

Convention that could be amended by subsequent plenipotentiary 

conferences. The Constitution and Convention were amended in 

part at the 1994 Plenipotentiary Conference held in Kyoto, Japan. 

As part of the ITU’s ongoing effort to ensure that it adapts to the 

rapidly changing telecommunication environment, the Kyoto Plenipotentiary Conference established a review committee to examine 

the rights and obligations of ITU Member States and private sector 

participants as well as the finances of the ITU. The 1996 ITU 

Council, having considered the work of the review committee, established the ITU–2000 Working Group (ITU–2000) to further examine these issues. Proposals from ITU Member States and the 

work of ITU–2000 formed the basis of the 1998 Conference’s consideration of further amendments to the Geneva Constitution and 

Convention. 

The major amendments to the Constitution and Convention 

adopted by the 1998 Conference (the ‘‘1998 Amendments’’) included 

the following: • Amendments to clarify the roles of state members of the ITU 

and private sector participants in the ITU. There were concerns 

that the Geneva Constitution and Convention, as amended at 

Kyoto, did not clearly define the roles of state members and private 

sector participants in the work of the ITU. Some of the confusion 

appeared to derive from the failure to adequately define the various entities participating in the work of the ITU. For example, Article 3 of the ITU Constitution referred solely to the rights of 

‘‘Members of the Union.’’ The ITU–2000 recommended that state 

members of the ITU be defined throughout the Constitution and 

Convention as ‘‘Member States’’; private sector entities participating in the work of a particular sector as ‘‘Sector Members’’; and 

private sector entities participating in the work of a given study 

group or subgroup as ‘‘Associates.’’ Several state members, including the United States, proposed that the 1998 Conference adopt 

those recommended changes and the 1998 Conference agreed. 

Thus, amendments to Article 3 of the Constitution differentiate between the rights and obligations of ‘‘Member States’’ and ‘‘Sector 

Members’’ and Article 19 of the Convention, as amended, addresses 

participation by ‘‘Associates.’’

• Amendments to enhance private sector participation in the ITU.

The ITU is an intergovernmental organization that allows for limited private sector participation. Private sector participation in the 

field of telecommunications has increased tremendously over the 

past few decades. As a result, private sector participants in the 

ITU have, through Member States, sought a greater role in the 

work of the ITU. To that end, amendments were proposed and 

adopted that, among other things, establish an alternative application process for private sector entities to become Sector Members 

of the ITU (i.e., an alternative to the existing procedure of applying 

through Member States) (see Convention, Article 19, ADD 234A–

VII

234C); explicitly recognize that private sector entities may provide 

chairs and vice-chairs of Sector assemblies and meetings and world 

telecommunication development conferences (see Constitution, Article 3, ADD 28B); explicitly recognize the right of Sector Members 

to take part, subject to specified conditions, in the adoption of 

Questions and Recommendations and in decisions relating to the 

working methods and procedures of the Sector concerned (see Constitution, Article 3, ADD 28C); establish a new category of private 

sector participant in the ITU, an Associate, that is authorized to 

participate in the work of a particular study group or subgroup (see 

Convention, Article 19, ADD 241A–241E); and establish the rights 

of a Sector, through its Bureau Director, to invite participation in 

a specified matter by organizations that do not generally participate in the Sector (see Convention, Article 20, ADD 248B). The 

United States supported these proposals bearing in mind the need 

to ensure that Member States continue to determine the policy direction of the organization. I note that the United States for domestic policy reasons, however, will require that U.S. private sector entities seeking to become Sector Members apply for such membership through current procedures, which require the direct involvement of the U.S. government. • Amendments to improve on the structure of the ITU. Some 

Member States, including the United States, proposed amendments 

to the structure of the ITU that would enhance the organization’s 

ability to respond more effectively to the needs of Member States 

and Sector Members. These included amendments that formally 

recognize and spell out the roles of Advisory Groups in the work 

of the three Sectors. (See, e.g., Convention, Articles 11A, 14A and 

17A.) The 1998 Conference also adopted amendments to a provision 

relating to the Radio Regulations Board (an entity responsible for 

approving the Rules of Procedure that govern, among other things, 

the application of the Radio Regulations to the registration of frequency assignments of Member States). Specifically, these amendments increased the number of members of the Radio Regulations 

Board from 9 under the current Convention to not more than 12 

or a number corresponding to 6 per cent of the total number of 

Member States, whichever is greater. (See Constitution, Article 14, 

ADD 93A.) The intent is to allow for more members on the Board 

without compromise to the underlying tenet that the Board be comprised of individuals who understand the geographic, economic and 

demographic conditions of all ITU members. Amendments were 

also adopted that rename the World Telecommunication Standardization Conference as a ‘‘World Telecommunication Standardization 

Assembly’’ (WTSA) to reflect the fact that the WTSA is a non-treaty-making conference whose decisions must be consistent with the 

Constitution, the Convention, and the Administrative Regulations. 

(See, e.g., Constitution, Article 18.) 

• Amendments related to World Radiocommunication Conferences and Assemblies. The World Radiocommunication Conferences (WRCs) play a significant role in the international coordination of the use of limited natural resources, in particular the allocation of radio frequencies. Demand for these resources is every 

increasing and, as a result, each WRC has had to tackle an ambitious agenda. Some Member States took the position that the time 

VIII

between WRCs was not sufficient for Member States to adequately 

prepare their positions on issues to be addressed at conferences. In 

order to address these concerns, the 1998 Conference adopted 

amendments that require that WRCs be held ‘‘normally . . . every 

two to three years’’ as opposed to ‘‘normally . . . every two years.’’ This was viewed as introducing flexibility in the scheduling of 

WRCs that would allow for more discretion in balancing the desire 

for more conference preparation time and the need to hold conferences at short enough intervals so as to not impede progress in 

introducing new technologies. (See Constitution, Article 13, MOD 

90.) Consistent with that change, the 1998 Conference adopted an 

amendment that requires that Radiocommunication Assemblies 

(RAs) also normally be convened every two to three years as opposed to every two years as provided for under the existing treaty 

text. (See Constitution, Article 13, MOD 91.) Whereas the existing 

treaty can be construed to require that RAs be associated in time 

and place with a WRC, the 1998 Conference also adopted an 

amendment that provides that RAs ‘‘may be’’ associated in time 

and place with a WRC. (See Constitution, Article 13, MOD 91.) • Amendments that authorize new working methods for the ITU.

The 1998 Conference adopted provisions authorizing the development of new working methods by the three Sectors, which would 

allow for the establishment of ‘‘alternative approval processes.’’ These provisions explicitly recognize the right of Sector Members 

to participate in the adoption of questions to be studied in ITU 

study groups in accordance with procedures provided for by the relevant conference or assembly. (See Convention, Article 20, ADD 

246A.) The 1998 Conference also adopted amendments that recognize that a conference or assembly may establish that certain recommendations, which are discussed in a study group, may be 

adopted without the formal consultation of Member States. (See 

Convention, Article 20, ADD 246A.) This alternative approval process (whereby Study Groups may adopt certain questions and recommendations without the formal consultation of Member States) 

may not be applied to questions and recommendations that have 

policy or regulatory implications. For example, such process will 

not be applied to questions and recommendations approved by the 

Radiocommunication Sector that are relevant to the work of WRC’s 

and other categories of questions and recommendations as may be 

decided by Radiocommunication Assemblies; questions and recommendations approved by the Telecommunication Standardization Sector that relate to accounting and tariff issues; questions 

and recommendations approved by the Telecommunication Development Sector that relate to regulatory, policy, and financial 

issues; or questions and recommendations where there is any doubt 

about their scope. (See Convention, Article 20, ADD 246D–H.) 

• Amendments related to strengthening the finances of the ITU.

The expenses of the ITU are financed largely through the contributions of Member States and Sector Members. Each Member State 

and Sector Member is free to choose its class of contribution. The 

1998 Conference adopted amendments that require that Member 

States announce their class of contribution at plenipotentiary conferences as opposed to within the six-month period following a 

plenipotentiary conference. (See Constitution, Article 28, MOD 

IX

161.) Proponents of this amendment believed that a plenipotentiary 

conference could more effectively plan a budget with such information in hand. Member States that fail to announce their contributory unit during the Conference will retain the class of contribution 

previously chosen. (See Constitution, Article 28, ADD 161F.) The 

1998 Conference also acted to clarify and encourage Sector Member 

contributions by allowing Sector Members to identify the Sector to 

which their contributions are to be made. (See Convention, Article 

33, ADD 480A.) The 1998 Conference also stipulated that Associates (a new class of participants) would help defray the expenses 

of the Sector, study group or subordinate group in which they participate. (See Convention, Article 33, ADD 483A.) The 1998 Conference also authorized the Council to determine criteria for the application of cost recovery in connection with some ITU products and 

services. (See Convention, Article 33, ADD 484.) Finally, the 

United States proposed an amendment to the Convention that, if 

adopted, would have eliminated the requirement that interest be 

paid on arrears. Although generally supported by developing countries, the proposal failed to win consensus support for its adoption. • Amendments of a technical nature. The 1998 Conference adopted amendments to the Convention that removed the Rules of Procedure of Conferences and Meetings of the ITU, with the exception 

of provisions relating to reservations and the right to vote, from the 

Convention and transferred them to a separate legal instrument. 

(See Convention, Article 32B, SUP 341–467.) This separate legal 

instrument entered into force on January 1, 2000, for those Member States that, as of that date, had submitted their instrument of 

ratification, acceptance, approval or accession to the 1998 Amendments. It will enter into force for all other Member States, including the United States, on the date on which they deposit their instruments of ratification, acceptance, approval or accession to the 

1998 Amendments. Unless otherwise agreed to by a plenipotentiary 

conference, amendments to this separate legal instrument shall 

enter into force on the date of signature of the Final Acts of the 

plenipotentiary conference at which they are adopted. (See Rules of 

Procedure of Conferences and Other Meetings of the International 

Telecommunication Union, 25.) Accordingly, they will not be sent 

to the Senate for advice and consent to ratification. The decision 

to transfer the rules to a separate instrument reflected a widely 

held view that Rules of Procedure should be subject to a more flexible amendment process than that currently applied to the Constitution and Convention. The Conference also adopted technical 

amendments to the provisions governing reservations. The proposed changes will have no effect on current U.S. practice with respect to taking of reservations. 

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 1998, the United States submitted six declarations and reservations that are included in the 

1998 Final Acts. These declarations and reservations, with the exception of statements No. 91 and 92, which do not concern amendments to the Constitution and Convention, require Senate advice 

and consent to ratification. I will first address those declarations 

and reservations that will require Senate advice and consent. 

X

Consistent with longstanding U.S. practice at ITU treaty-making 

conferences, the first (Number 90) incorporates by reference reservations and declarations from previous conferences and reserves 

the right to make additional specific reservations at the time of deposit of the U.S. instrument of ratification to the amendments to 

the ITU Constitution and Convention. It also reiterates the longstanding U.S. position that the United States can only be considered bound by instruments adopted at an ITU Conference once it 

officially notifies the ITU of its consent to be bound. The full text 

reads as follows:

The United States of America refers to Article 32, Section 16, of the Convention of the International Telecommunication Union (Geneva, 1992), and notes that in 

considering the Final Acts of the Plenipotentiary Conference (Minneapolis, 1998), the United States of America 

may find it necessary to make additional declarations or 

reservations. Accordingly, the United States of America reserves the right to make additional declarations or reservations at the time of deposit of its instruments of ratification of amendments to the Constitution and Convention 

(Geneva, 1992) adopted by the Plenipotentiary Conference 

(Minneapolis, 1998). 

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

made at world administrative conferences and world 

radiocommunication conferences prior to signature of these 

Final Acts. 

The United States of America does not by signature or 

by any subsequent ratification of the amendments to the 

Constitution and Convention adopted by the Plenipotentiary Conference (Minneapolis, 1998) 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, 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.

The second (Number 101) preserves for the United States the 

freedom to respond to other Member State reservations. It reads as 

follows:

The United States of America refers to declarations 

made by various Members reserving their right to take 

such action as they may consider necessary to safeguard 

their interests with respect to application of provisions of 

the Constitution and the Convention of the International 

Telecommunication Union (Geneva, 1992), and any amendments thereto. The United States of America reserves the 

right to take whatever measures it deems necessary to 

safeguard U.S. interests in response to such actions.

XI

The third (Number 102) 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. The 

U.S. response, which is similar to responses entered by the United 

States at previous ITU Conferences, reads as follows:

The United States of America, noting Statement 81 entered by the delegation of Cuba, recalls its right 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 U.S. broadcasting. Furthermore, the United 

States of America notes that its presence in Guantanamo 

is by virtue of an international agreement presently in 

force and that the United States of America reserves the 

right to meet its radiocommunication requirements there 

as it has in the past.

The fourth (Number 111), in which the United States joined 24 

other countries, in responding to a statement by Colombia concerning the use of the geostationary satellite orbit, reads as follows:

The delegations of the above-mentioned States, referring 

to the declaration made by the Republic of Colombia (No. 

50), in as much as this and any similar statement refers 

to the Bogota Declaration of 3 December 1976 by equatorial countries and to the claims of those countries to exercise sovereign rights over segments of the geostationarysatellite orbit, consider that the claims in question cannot 

be recognized by this conference. 

Further, the above-mentioned delegations wish to affirm 

or reaffirm the declaration made by a number of delegations (No. 92) at the Plenipotentiary Conference (Kyoto, 

1994) and declarations at conferences referred to therein 

as if these declarations were here repeated in full. 

The above-mentioned delegations also wish to state that 

the 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.

As previously noted, the United States also submitted two declarations that do not affect the legal interpretation of provisions of 

the Constitution and Convention and therefore do not require Senate advice and consent to ratification. They are provided below for 

the Senate’s information. 

The first (Number 91) is a statement of U.S. intent to comply 

with the cost-recovery procedures outlined in Resolutions 88 and 91 

as adopted at the 1998 Conference. While the United States does 

not consider resolutions to be legally binding, there is a general political expectation in the ITU that Member States will comply with 

them. The U.S. delegation therefore considered it prudent to enter 

a statement in the Final Acts that would signal to other members 

of the ITU that the United States would not necessarily apply the 

cost-recovery procedures set forth in the two resolutions to certain 

XII

1 Error in the original. The ITU publication of the Final Acts mistakenly refers to Resolution 

95. The correct citation is to Resolution 88. 2 Error in the original. The ITU publication of the Final Acts mistakenly refers to Resolution 

73. The correct citation is to Resolution 91. 3 Error in the original. The ITU publication of the Final Acts mistakenly refers to Resolution 

72. The correct citation is to Resolution 99.

government systems. The text of Declaration Number 91 reads as 

follows:

The United States of America will make all reasonable 

efforts to comply with the cost-recovery procedures contained in Resolutions [88] 1 (Minneapolis, 1998) and [91] 2

(Minneapolis, 1998), but declares its right not to do so in 

cases involving satellite networks or systems that transmit 

government telecommunications as defined under No. 1014 

of the annex to the Constitution of the International Telecommunication Union (Geneva, 1992). 

The second (Number 92) reflects the U.S. reaction to Resolution 

99, which enhanced the status of Palestine in the ITU to one that 

just falls short of the status enjoyed by Member States. Declaration 

Number 92 reflects U.S. concerns about the extent to which the 

resolution as adopted could be reconciled with provisions of the 

Constitution and Convention:

The United States of America refers to Resolution [99] 3

Minneapolis, 1998) and notes its concern about the action 

taken by this conference in that regard. The United States 

of America reiterates its view that Resolution [99] 3 (Minneapolis, 1998) raises legal concerns, particularly in regard 

to its consistency with provisions of the Constitution and 

Convention of the International Telecommunication Union 

(Geneva, 1992). Furthermore, the United States of America notes its regret that political issues were allowed to 

interfere with the technical work of this conference. 

The Department of State and the other agencies involved recommend that these declarations and reservations (with the exception of statements No. 91 and No. 92) be confirmed in the U.S. instrument of ratification of the amendments. The Department of 

State and the other interested agencies are of the view that no additional reservations are required. 

Ratifying the amendments will enable the United States to continue to play a significant leadership role in the affairs of the ITU. 

These amendments 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; and the Department of Defense concur in my recommendation that the amendments, with the U.S. declarations and 

reservations as discussed above, be submitted to the Senate for its 

consideration and advice and consent to ratification. 

Respectfully submitted. 

COLIN L. POWELL. 

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