INTERNATIONAL TELECOMMUNICATIONS CONVENTION.[]
Note; The Philippines was an original signatory to the Convention. It was concurred in by the Senate, S.R. No. 99, May 22, 1952. The Philippine Instrument of ratification was signed by the President, October 10, 1952 and was deposited with the Secretary General of the ITU. November 13, 1952, The Convention entered into force, January 1, 1949 and with respect to the Philippines, November 13, 1932. It was proclaimed by the President, Proc. No. 210, s. 1955. This Convention was abrogated by the Convention signed at Buenos Aires, December 22, 1932.
Reference: This Convention is also published in 193 UNTS, p. 189. The Presidential proclamation of the Convention is published in 51 O.G. 5332 (Nov. 1955).
PREAMBLE
While fully recognizing the sovereign right of each country to regulate its telecommunication, the plenipotentiaries of the Contracting Governments have agreed to conclude the following Convention, with a view to ensuring the effectiveness of telecommunication.
CHAPTER I
COMPOSITION, FUNCTIONS AND STRUCTURE OF THE UNION
ARTICLE 1
COMPOSITION OF THE UNION
1. The International Telecommunication Union shall comprise Members and Associate Members.
2. A Member of the Union shall be:
a) any country or group of territories listed in Annex 1 upon signature and ratification of, or accession to, this Convention, by it or on its behalf;
b) any country not listed in Annex 1 which becomes a Member of the United Nations and which accedes to this Convention in accordance with Article 17;
c) any sovereign country not listed in Annex 1 and not a Member of the United Nations which applies for membership in the Union and which, after having secured approval of such application by two-thirds of the Members of the Union, accedes to this Convention in accordance with Article 17.
3. (1) All Members shall be entitled to participate in conferences of the Union and shall be eligible for election to any of its organs.
(2) Each Member shall have one vote at any conference of the Union and at any meeting of an organ of the Union of which it is a Member.
4. An Associate Member shall be:
a) any country which has not become a Member of the Union in accordance with paragraph 2 of this Article, by acceding to this Convention in accordance with Article 17, after its application for Associate Membership has received approval by a majority of the Members of the Union;
b) any territory or group of territories, not fully responsible for the conduct of its international relations, on behalf of which this Convention has been accepted by a Member of the Union in accordance with Article 17 or IS, provided that its application for Associate Membership is sponsored by such Member, after the application has received approval by a majority of the Members of the Union;
c) any trust territory on behalf of which the United Nations has acceded to this Convention in accordance with Article 19, and the application of which for Associate Membership has been sponsored by the United Nations.
5. Associate Members shall have the same rights and obligations as Members of the Union, except that they shall not have the right to vote in any Conference or other organ of the Union. They shall not be eligible for election to any organ of the Union of which the Members are elected by a plenipotentiary or administrative conference.
6. For the purposes of paragraphs 2 c) and 4 a) and b) above, if an application for Membership is made during the interval between two plenipotentiary conferences, the Secretary General shall consult the Members of the Union; a Member shall be deemed to have abstained if he has not replied within four months after his opinion has been requested.
ARTICLE 2
SEAT OF THE UNION
The seat of the Union and of its permanent organs shall be at Geneva.
ARTICLE 3
PURPOSES OF THE UNION
1. The purposes of the Union are:
a. to maintain and extend international cooperation for the improvement and rational use of telecommunication of all kinds;
b. to promote the development of technical facilities and their most efficient operation with a view to improving the efficiency of telecommunication services, increasing their usefulness and making them, so far as possible,- generally available to the public;
c. to harmonize the actions of nations in the attainment of those common ends.
2. To this end, the Union shall in particular:
a. effect allocation of the radio frequency spectrum and registration of radio frequency assignments in order to avoid harmful interference between radio stations of different countries;
b. foster collaboration among its Members and Associate Members with a view to the establishment of rates at
levels as low as possible consistent with an efficient service and taking into account the necessity for maintaining independent financial administration of telecommunication on a sound basis;c. promote the adoption of measures for ensuring the safety of life through the cooperation of telecommunication service;
d. undertake studies, formulate recommendations, and collect and publish information on telecommunication matters for the benefit of all Members and Associate Members.
ARTICLE 4
STRUCTURE OF THE UNION
The organization of the Union shall be as follows:
1. the Plenipotentiary Conference which is the supreme organ of the Union;
2. Administrative Conferences;
3. the permanent organs of the union which are:
a. the Administrative Council,
b. the General Secretariat,
c. the International Frequency Registration Board (I.F.R.B.),
d. the International Telegraph Consultative Committee (C.C.I.T.),
e. the International Telephone Consultative Committee (C.C.I.F.J,
f. the International Radio Consultative Committee (C.C.I.R.)
ARTICLE 5
ADMINISTRATIVE COUNCIL
A—ORGANIZATION AND WORKING ARRANGEMENTS
1. (1) The Administrative Council shall be composed of eighteen Members of the Union elected by the plenipotentiary conference with due regard to the need for equitable representation of all parts of the world. The Members of the Council shall hold office until the election of their successors. They are eligible for re-election.
(2) If between two plenipotentiary conferences a seat becomes vacant on the Administrative Council, it shall pass by right to the Member of the Union, from the same region as the Member whose seat is vacant, who had obtained at the previous election the largest number of votes among those not elected.
2. Each of the Members of the Administrative Council shall appoint, to serve on the Council, a person qualified in the field of telecommunication services.
3. (1) Each Member of the Council shall have one vote.
(2) In taking its decisions, the Administrative Council shall follow the procedure provided in the General Regulations currently in force. In cases not covered by the General Regulations, it may adopt its own rules of procedure.
4. The Administrative Council shall elect five of its Members to assume the Chairmanship and Vice Chairmanships during the period which normally elapses between two plenipotentiary conferences. Each of these five Members shall assume the Chairmanship in turn for one year only including the Chairmanship throughout the last meeting convened during that year. The Chairmanship shall be decided each year by agreement among these five Members or by lot.
5. The Administrative Council shall normally meet at the seat of the Union, once a year and at such other times as it deems necessary or at the request of six of its Members.
6. The Chairman of the International Frequency Registration Board, the Directors of the International Consultative Committees and the Vice-Director of the C.C.I.R. shall participate as of right in the deliberations of the Administrative Council, but without taking part in the voting. Nevertheless the Council may exceptionally hold meetings confined to its own Members.
7. The Secretary General of the Union shall act as Secretary of the Administrative Council.
8. In the intervals between plenipotentiary conferences, the Administrative Council shall act on behalf of the plenipotentiary conference within the limits of the powers delegated to it by the latter.
9. Only the traveling and subsistence expenses incurred by Members of the Administrative Council in this capacity shall be borne by the Union.
10. (1) The Administrative Council shall be responsible for taking all steps to facilitate the implementation by the Members and Associate Members of the provisions of the Convention, of the Regulations and of the decisions of the Plenipotentiary Conference.
(2) It shall ensure the efficient coordination of the work of the Union.
11. In particular, the Administrative Council shall:
a) Perform any duties assigned to it by the plenipotentiary conferences;
b) in the interval between plenipotentiary conferences, be responsible for effecting the coordination with all international organizations contemplated in Articles 26 and 27 of this Convention, and to this end appoint, on behalf of the Union, one or more representatives to participate in the conferences of such organizations, and when necessary, of coordinating committees established in conjunction with these organizations;
c) Appoint the Secretary General and the two Assistant Secretaries General of the Union;
d) Supervise the administrative functions of the Union;
e) Review and approve the annual budget of the Union;
f) Arrange for the annual audit of the accounts of the Union prepared by the Secretary General and approve them for submission to the next plenipotentiary conference;
g) Arrange for the convening of plenipotentiary and administrative conferences of the Union as provided for in Articles 10 and 11;
h) Coordinate the activities of all the other organs of the Union, consider and take such action as it deems appropriate on requests or recommendations made to it by such organs and fill vacancies thereon ad interim as prescribed in the Regulations;
i) Perform the other functions prescribed for it in this Convention and, within the framework of the Convention and the Regulations, the functions deemed necessary for the proper administration of the Union.
ARTICLE 6
INTERNATIONAL FREQUENCY REGISTRATION BOARD
1. The essential duties of the International Frequency Registration Board shall be:
a) to effect an orderly recording of frequency assignments made by the different countries so as to establish, in accordance with the procedure provided for in the Radio Regulations, the date, purpose and technical characteristics of each o£ these assignments, with a view to ensuring formal international recognition thereof;
b) to furnish advice to Members and Associate Members with a view to the operation of the maximum practicable number of .radio channels in those portions of the spectrum where harmful interference may occur.
2. The International Frequency Registration Board shall be composed of independent members, all nationals of different countries, Members of the Union. Each ordinary administrative radio conference shall determine the number of its members, and the method of their election with a view to ensuring a balanced selection of the members from the various parts of the world.
3. Members of the Board shall be elected by each ordinary administrative radio conference according to the procedure established by that conference.
4. The working arrangements of the Board are defined in the Radio Regulations.
5. (1) The members of the Board shall serve, not as representatives of their respective countries, or of a region, but as custodians of an international public trust.
(2) No member of the Board shall request or receive instructions relating to the exercise of his duties from any Government or a member thereof or from any public or private organization or person. Furthermore, each Member and Associate Member must respect the international character of the Board and of the duties of its members and shall refrain from any attempt to influence any of them in the exercise of their duties.
(3) No member of the Board or of its staff shall participate in any manner or have any financial interest whatsoever in any branch of telecommunication, apart from the work of the Board.
ARTICLE 7
CONDITION TO BE FULFILLED BEFORE SERVING ON THE ADMINISTRATIVE COUNCIL AND THE INTERNATIONAL FREQUENCY REGISTRATION BOARD
1. No person designated by an elected Member to serve on the Administrative Council or on the International Frequency Registration Board may exercise his functions until an instrument of ratification or of accession has been deposited by that Member or on its behalf.
2. Any country which ceases to be a Member of the Union for any reason whatsoever may not be represented in either the Administrative Council or the International Frequency Registration Board.
ARTICLE 8
INTERNATIONAL CONSULTATIVE COMMITTEES
1.(1) The duties of the International Telegraph Consultative Committee (C.C.I.T.) shall be to study technical, operating and tariff questions relating to telegraphy and facsimile and to issue recommendations on them.
(2) The duties of the International Telephone Consultative Committee (C.C.I-F.) shall be to study technical, operating and tariff questions relating to telephony and to issue recommendations on them.
(3) The duties of the International Radio Consultative Committee (C.C.I-R.) shall be to study technical radio questions and operating questions the solution of which depends principally on considerations of a technical radio character and to issue recommendations on them.
2. The questions studied by each International Consultative Committee, on which it shall issue recommendations, are those submitted to it by the plenipotentiary conference, by an administrative conference, by the Administrative Council, by another Consultative Committee or by the International Frequency Registration Board. A Consultative Committee shall likewise issue its recommendations on questions the study of which has been decided upon by its Plenary Assembly or proposed by at least twelve Members or Associate Members in the interval between meetings of the Plenary Assembly concerned.
3. The International Consultative Committees shall have as members:
a) Administrations of Members and Associate Members of the Union;
b) Recognized private operating agencies which express a desire to have their experts participate in the work
of these Committees.4. Each Consultative Committee shall work through the medium of:
a) the Plenary Assembly, meeting normally every two years, provided that a meeting shall take place about one year previous to the relative administrative conference; each meeting of a Plenary Assembly normally shall be held in a place fixed by the previous meeting of that Assembly;
b) study groups, which shall be set up by the Plenary Assembly to deal with questions to be studied;
c) a Director, who shall be appointed by the Plenary Assembly for an indefinite period, but with the reciprocal right of terminating the appointment; the Director of the Radio Consultative Committee shall be assisted by a Vice Director specializing in broadcasting, appointed under, the same conditions;
d) a specialized Secretariat, which assists the Director;
e) laboratories or technical installations set up by the Union.
5. (1) Consultative Committees shall observe the rules of procedure in the
General Regulations annexed to this Convention.(2) The Plenary Assembly of a Consultative Committee may adopt such additional rules of procedure as may facilitate the work of the Committee if they do not conflict with the General Regulations.
6. The working arrangements of the Consultative Committees are defined in Part II of the General Regulations annexed to this Convention.
ARTICLE 9
GENERAL SECRETARIAT
1. The General Secretariat of the Union shall be directed by the Secretary
General, who shall be responsible to the Administrative Council for the performance of his duties.2. The Secretary General shall:
a) appoint the staff of the General Secretariat in accordance with any directives of the plenipotentiary conference and the rules established by the Administrative Council;
b) organize the work of the General Secretariat and undertake administrative arrangements for the specialized divisions of the permanent organs of the Union; these divisions shall be under the supervision of the Secretary General for administrative purposes only and shall work directly under the orders of the Directors of the organs concerned; the appointment of technical and administrative staff to these divisions shall be made by the Secretary General in accordance with the decisions of the organ concerned and in
agreement with the appropriate Director;c) Carry on secretarial work preparatory to, and following, conferences of the
Union;d) provide, where appropriate in cooperation with the inviting Government, the secretariat of every conference of the Union, and when so requested, or provided in the Regulations annexed hereto, the secretariat of meetings of the permanent organs of the Union or meetings placed under its auspices;
e) keep up to date the official master lists compiled from data supplied for this
purpose by the permanent organs of the Union or by administrations;i) publish the recommendations and principal reports of the permanent organs
of the Union;g) publish international and regional telecommunication agreements communicated to him by the patties thereto and keep up to date records of them;
h) prepare, publish and keep up to date:
1. a record of the composition and structure of the Union;
2. the general statistics and the official service documents of the Union as prescribed by the Regulations annexed hereto;
3. such other documents as the conferences or the administrative Council may direct;
i) distribute the published documents;
j) collect and publish, in suitable form, data both national and international
regarding telecommunication throughout the world;k) collect and publish such information as would be of assistance to Members and Associate Members regarding the development of technical methods with a view to achieving the most efficient operation of telecommunication services and especially the best possible use of radio frequencies so as to diminish interference;
l) publish periodically, with the help of information put at his disposal or which he may collect, including that which he may obtain from other international organizations, a journal of general information and documentations concerning telecommunication;
m) prepare an annual budget for submission to the Administrative Council which, after approval by the Council, shall be transmitted for information to all Members and Associate Members;
n) prepare a financial operating report and accounts to be submitted annually to the Administrative Council and a consolidated account immediately preceding each plenipotentiary conference; these accounts, after audit and approval by the Administrative Council, shall be circulated to the Members and Associate Members and be submitted to the next plenipotentiary conference for examination and final approval;
o) prepare an annual report of his official activities which, after approval by the Administrative Council, shall be transmitted to all Members and Associate Members;
p) perform all other secretarial functions of the Union.
3. The Secretary General or one of the two Assistant Secretaries General shall participate, in a consultative capacity, in the meetings of the International consultative Committees.
4. The Secretary General, the Assistant Secretaries General and the members
of the General Secretariat shall receive salaries on a basis established by the plenipotentiary conference.5. The paramount consideration in the recruitment of the staff and in the determination of the conditions of service shall be the necessity of securing for the Union the highest standards of efficiency, competence, and integrity. Due regard must be paid to the importance of recruiting the staff on as wide a geographical basis as possible.
6. (1) In the performance of their duties the Secretary General, the Assistant Secretaries General and the staff must not seek or receive instructions from any government or from any other authority external to the Union. They must refrain from any action which might reflect on their position as international officials and shall be responsible solely to the Union.
(2) Each Member and Associate Member undertakes to respect the exclusively international character of the responsibilities of the Secretary General, the Assistant Secretaries General and the staff and not to seek to influence them in the discharge of their responsibilities.
ARTICLE 10
PLENIPOTENTIARY CONFERENCES
1. The Plenipotentiary Conference shall:
a) consider the report of the Administrative Council on the activities of the Union;
b) establish the basis for the budget of the Union for the next five years;
c) finally approve the accounts of the Union;
d) elect the Members of the Union which are to serve on the Administrative Council;
e) revise the Convention if it considers this necessary;
f) if necessary, enter into any formal agreement or revise any existing formal agreement between the Union and any other international body;
g) deal with such other telecommunication questions as may be necessary.
2. The Plenipotentiary Conference normally shall meet once every five years at a time and place fixed by the preceding Plenipotentiary Conference.
3. The time or place of the next Plenipotentiary Conference may be changed;
a) when at least twenty Members of the Union have proposed a change to the Administrative Council;
b) on the proposal of the Administrative Council.
In either case, the Administrative Council, with the concurrence of a majority of the Members of the Union, shall fix the new time or the new place, or both, and shall indicate, if necessary, the agenda.
ARTICLE 11
ADMINISTRATIVE CONFERENCES
1. (1) The Administrative Conferences shall:
a) revise the Regulations provided for in Article 13 paragraph 2 of this Convention with which they are respectively concerned;
b) deal with all other matters deemed necessary within the terms of the Convention and the General Regulations, or in accordance with any directive given by the Plenipotentiary Conference.
(2) The radio administrative conference shall:
a) elect the members of the International Frequency Registration Board;
b) review its activities.
2. The administrative conferences shall meet at the same place and at the same time as the Plenipotentiary Conference, in general, every five years.
3. (1) An extraordinary administrative conference may be convened:
a) by a decision of the Plenipotentiary Conference which shall determine its agenda and the time and place of its meeting; or
b) when at least twenty Members of the Union have made known to the Administrative Council their desire that such a Conference shall be held to consider an agenda proposed by them; or
c) on the proposal of the Administrative Council.
(2) In the cases specified in b) and c) of sub-paragraph (1) above, the Administrative Council, with the concurrence of a majority of the Members of the Union, shall determine the time and place of the Conference as well as its agenda.
ARTICLE 12
RULES OF PROCEDURE OF CONFERENCES
1. Before entering on its deliberations, each Conference shall adopt Rules of Procedure in accordance with which the discussions and work are organized and conducted.
2. For this purpose each Conference shall take as a basis the provisions of the General Regulations annexed to this Convention, with such modifications as it thinks fit.
ARTICLE 13
REGULATIONS
1. The General Regulations contained in Annex 41 shall have the same force and duration as this Convention, subject to the provisions of Article 12 of the Convention.
2. The provisions of this Convention are completed by the following sets of Administrative Regulations:
Telegraph Regulations;
Telephone Regulations;
Radio Regulations;
Additional Radio Regulations.3. These Regulations shall be binding on all Members and Associate Members. However, Members and Associate Members shall notify the Secretary General of their approval of any revision of any of the administrative Regulations by any administrative conference in the interval between two plenipotentiary conferences. The Secretary General shall inform Members and Associate Members promptly regarding receipt of such notifications of approval.
4. In case of inconsistency between a provision of the Convention and a provision of the Regulations, the Convention shall prevail.
ARTICLE 14
FINANCES OF THE UNION
1. The expenses of the Union shall be classified as ordinary expenses and extraordinary expenses.
2. The ordinary expenses of the Union shall be kept within the limits prescribed by the Plenipotentiary Conference. They shall include, in particular, the expenses pertaining to the meetings of the Administrative Council, the salaries of the staff and other expenses of the General Secretariat, of the International Frequency Registration Board, of the International Consultative Committees, and of the laboratories and technical installations created by the Union. These ordinary expenses shall be borne by all Members and Associate Members.
3. (1) The extraordinary expenses shall include all expenses pertaining to plenipotentiary conferences, administrative conferences and meetings of the International Consultative Committees. They shall be borne by the Members and Associate Members who have agreed to participate in these conferences and meetings.
(2) Private operating agencies and international organizations shall contribute to the extraordinary expenses of the administrative conferences and the meetings of the International Consultative Committees in which they participate, in proportion to the number of units corresponding to the class chosen by them among the classes provided in paragraph 4 of this Article. The Administrative Council may, nevertheless, excuse certain international organizations from contributing to these expenses.
(3) Expenses incurred by laboratories and technical installations of the Union, in measurements, testing, or special research for individual Members or Associate Members, groups of Members or Associate Members or regional organizations or others, shall be borne by those Members or Associate Members, groups, organizations or others.
4. For the purpose of apportioning expenses, Members and Associate Members shall be divided into S classes, each contributing on the basis of a fixed number of units, namely:
5. Each Member and Associate Member shall inform the Secretary General of the class in which it wishes to be included. This decision shall be notified to the other Members by the Secretary General and shall not be changed during the interval between the coming into force of this Convention and the opening of the next Plenipotentiary Conference.
6. Members and Associate Members shall pay in advance their annual contributory shares calculated on the basis of the estimated expenditure of the Union for the following financial year.
7. The amounts due shall bear interest from the beginning of each financial year of the Union with regard to ordinary expenses and from the date on which accounts for extraordinary expenses, and for documents supplied, are sent to Members and Associate Members. This interest shall be at the rate of 3% (three percent) per annum during the first six months after the date on which the amounts are due and at the rate of 6% (six per cent) per annum from the beginning of the seventh month.
ARTICLE 15
LANGUAGES
1. (1) The official languages of the Union shall be Chinese, English, French, Russian and Spanish.
(2) In case of dispute, the French text shall be authentic.
2. The final documents of the plenipotentiary and administrative conferences as well as the final acts and protocols, shall be drawn up in the languages mentioned above in versions equivalent in form and content.
3. (1) All other documents of the conferences shall be drawn up in English, French and Spanish.
(2) All service documents of the Union shall be published in the five
official languages.(3) AH other documents for general distribution prepared by the Secretary General in the course of his duties shall be drawn up in English, French and Spanish.
4. (1) In conferences and at the meetings of the permanent organs of the Union, the debates shall he conducted with the aid of an efficient system of reciprocal translation from and into English, French and Spanish.
(2) Other languages may also be used in the debates provided that the delegations using them make arrangements themselves for oral translation into anyone of the languages mentioned in the preceding sub-paragraph. Similarly, delegates may, if they wish, arrange for speeches to be translated orally into their own languages from one of the languages mentioned in the preceding sub-paragraph.
5. Each Member and Associate Member shall share the expenses attributable to the use of the authorized languages, with respect to one of these languages only. For oral languages and working documents of conferences and meetings of organs of the Union, the Administrative Council shall lay down rules by which the Secretary General shall calculate the share of each Member and Associate Member in accordance with paragraph 5 of Article 14; for other documents, the Secretary General shall calculate this share in accordance with the cost price of the copies purchased.
CHAPTER II
APPLICATION OF THE CONVENTION AND REGULATION
ARTICLE 16
RATIFICATION OF THE CIONVENTON
1. This Convention shall be ratified by each of the signatory Governments. The instruments of ratification shall be deposited, in as short a time as possible, with the Secretary General by diplomatic channel through the intermediary of the Government of the country of the seat of the Union. The Secretary General shall notify the Members and Associate Members of each deposit of ratification.
2. After the entry into force of this Convention in accordance with Article 49, each instrument of ratification shall become effective on the date of its deposit with the General Secretariat.
3. If one or more of the signatory Governments do not ratify the Convention, it shall not thereby be less valid for the Governments which have ratified it.
ARTICLE 17
ACCESSION TO THE CONVENTION
1. The Government of a country, not a signatory of this Convention, may accede thereto at any time subject to the provisions of Article 1.
2. The instrument of accession shall be deposited with the Secretary General by diplomatic channel through the intermediary of the Government of the country of the seat of the Union. Unless otherwise specified therein, it shall become effective upon the date of its deposit. The Secretary General shall notify the Members and Associate Members of each accession when it is received and shall forward to each of them a certified copy of the act of accession.
ARTICLE 18
APPLICATION OF THE CONVENTION TO COUNTRIES OR TERRITORIES FOR WHOSE FOREIGN RELATIONS
MEMBERS OF THE UNION ARE RESPONSIBLE
1. Members of the Union may declare at any time that their acceptance of this Convention applies to all or a group or a single one of the countries or territories for whose foreign relations they are responsible.
2. A declaration made in accordance with paragraph 1 of this Article shall be communicated to the Secretary General of the Union. The Secretary General shall notify the Members and Associate Members of each such declaration.
3. The provisions of paragraphs I and 2 of this Article shall not be deemed to be obligatory in respect of any country, territory or group of territories listed in Annex 1 of this Convention.
ARTICLE 19
APPLICATION OF THE CONVENTION TO TRUST TERRITORIES OF THE UNITED NATIONS
The United Nations shall have the right to accede to this Convention on behalf of any territory or group of territories placed under its administration in accordance with a trusteeship agreement as provided for in Article 15 of the Charter of the United Nations.
ARTICLE 20
EXECUTION OF THE CONVENTION AND REGULATIONS
1. The Members and Associate Members are bound to abide by the provisions of this Convention and the Regulations annexed thereto in all telecommunication offices and stations established or operated by them which engage in international services or which are capable of causing harmful interference to radio services of other countries, except in regard to services exempted from these obligations in accordance with the provisions of Article 47 of this Convention.
2. They are also bound, in addition, to take the necessary steps to impose observance of the provisions of this Convention and of the Regulations annexed thereto upon recognized private operating agencies and upon other agencies authorized to establish and operate telecommunication which engage in international services or which operate stations capable of causing harmful interference to the radio services of other countries.
ARTICLE 21
DENUNCIATION OF THE CONVENTION
1. Each Member and Associate Member which has ratified, or acceded to, this Convention shall have the right to denounce it by a notification addressed to the Secretary General of the Union by diplomatic channel through the intermediary of the Government of the country of the seat of the Union. The Secretary General shall advise the other Members and Associate Members thereof.
2. This denunciation shall take effect at the expiration of a period of oneyear from the day of the receipt of notification of it by the Secretary General.
ARTICLE 22
DENUNCIATION OF THE CONVENTION ON BEHALF OF COUNTRIES
OR TERRITORIES FOR WHOSE FOREIGN RELATIONS
MEMBERS OF THE UNION ARE RESPONSIBLE
1. The application of this Convention to a country, territory or group of territories in accordance with Article 18 may be terminated at any time, and such country, territory or group of territories, if it is an Associate Member, ceases upon termination to be such.
2. The declarations of denunciation contemplated in the above paragraph shall be notified in conformity with the conditions set out in paragraph 1 of Article 21; they shall take effect in accordance with the provisions of paragraph 2 of that article.
ARTICLE 23
ABROGATION OF EARLIER CONVENTIONS AND REGULATIONS
This Convention and the Regulations annexed thereto shall abrogate and replace, in relations between the Contracting Governments, the International Telegraph Conventions of Paris (1865), of Vienna (1868), of Rome (1872), of St. Petersburg (1875), and the Regulations annexed to them and also the International Radiotelegraph Conventions of Berlin (1906), of London (1912) and of Washington (1927) and the Regulations annexed to them, and the International Telecommunication Convention of Madrid (1932), the Radio Regulations and the Additional Radio Regulations of Cairo (1938).
ARTICLE 24
RELATIONS WITH NON-CONTRACTING STATES
1. Each Member and Associate Member reserves to itself and to the re cognized private operating agencies the right to fix the conditions under which it admits telecommunications exchanged with a State which is not a party to this Convention.
2. If a telecommunication originating in the territory of such a non-contracting State is accepted by a Member or Associate Member, it must be transmitted and, in so far as it follows the telecommunication channels of a Member or Associate Member, the obligatory provisions of the Convention and Regulations and the usual charges shall apply to it.
ARTICLE 25
SETTLEMENT OF DIFFERENCES
1. Members and Associate Members may settle their differences on questions relating to the application of this Convention or of the Regulations contemplated in Article 13, through diplomatic channels, or according to procedures established by bilateral or multilateral treaties concluded between them for the settlement of international disputes, or by any other method mutually agreed upon.
2. If none of these methods of settlement is adopted, any Member or Associate Member party to a dispute may submit the dispute to arbitration in accordance with the procedure defined in Annex 3.
CHAPTER III
RELATIONS WITH THE UNITED NATIONS AND WITH
INTERNATIONAL ORGANIZATIONS
ARTICLE 26
RELATIONS WITH THE UNITED NATIONS
1. The relationship between the United Nations and the International Telecommunication Union is defined in the agreement, the text of which appears in Annex 5 of this Convention.
2. In accordance with the provisions of Article XV of the above-mentioned agreement, the telecommunication operating services of the United Nations shall be entitled to the rights and bound by the obligations of this Convention and of the Regulations annexed thereto. Accordingly, they shall be entitled to attend all conferences of the Union, including meetings of the International Consultative Committees, in a consultative capacity. They shall not be eligible for election to any organ of the Union, the Members of which are elected by a plenipotentiary or administrative conference.
ARTICLE 27
RELATIONS WITH INTERNATIONAL ORGANIZATIONS
In furtherance of complete international coordination on matters affecting telecommunication, the Union will cooperate with international organizations having related interests and activities.
CHAPTER IV
GENERAL PROVISIONS RELATING TO TELECOMMUNICATION
ARTICLE 28
THE RIGHT OF THE PUBLIC TO USE THE INTERNATIONAL
TELECOMMUNICATION SERVICE
Members and Associate Members recognize the right of the public to correspond by means of the international service of public correspondence. The service, the charges, and the safeguards shall be the same for all private users in each category of correspondence without any priority or preference.
ARTICLE 29
STOPPAGE OF TELECOMMUNICATIONS
1. Members and Associate Members reserve the right to stop the transmission of any private telegram which may appear dangerous to the security of the state or contrary to their laws, to public order or to decency, provided that they immediately notify the office of origin of the stoppage of any such telegram or any part thereof, except when such notification may appear dangerous to the security of the state.
2. Members and Associate Members also reserve the right to cut off any private telephone or telegraph communication which may appear dangerous to the security of the state or contrary to their laws, to public order or to decency.
ARTICLE 30
SUSPENSION OF SERVICES
Each Member or Associate Member reserves the right to suspend the international telecommunication service for an indefinite time, either generally or only for certain relations and/or for certain kinds of correspondence, outgoing, incoming or in transit, provided that it immediately notifies such action to each of the other Members and Associate Members through the medium of the General Secretariat.
ARTICLE 31
RESPONSIBILITY
Members and Associate Members accept no responsibility towards users of the international telecommunication services, particularly as regards claims for damages.
ARTICLE 32
SECURITY OF TELECOMMUNICATION
1. Members and Associate Members agree to take all possible measures, compatible with the system of telecommunication used, with a view to ensuring the secrecy of international correspondence.
2. Nevertheless, they reserve the right to communicate such correspondence to the competent authorities in order to ensure the application of their internal laws or the execution of international conventions to which they are parties.
ARTICLE 33
ESTABLISHMENT, OPERATION, AND PROTECTION OF TELECOMMUNICATION INSTALLATIONS
AND CHANNELS
1. Members and Associate Members shall take such steps as may be necessary to ensure the establishment, under the best technical conditions, of the channels and installations necessary to carry on the rapid and uninterrupted exchange of international telecommunications.
2. So far as possible, these channels and installations must be operated by the best methods and procedures developed as a result of practical operating experience, maintained in proper operating condition and kept abreast of scientific and technical progress.
3. Members and Associate Members shall safeguard these channels and installations within their jurisdiction.
4. Unless other conditions are laid down by special arrangements, each Member and Associate Member shall take such steps as may be necessary to ensure maintenance of those sections of international telecommunications circuits within its control.
ARTICLE 34
NOTIFICATION OF INFRINGEMENTS
In order to facilitate the application of the provisions of Article 20, Members and Associate Members undertake to inform each other of infringements of the provisions of this Convention and of the Regulations annexed thereto.
ARTICLE 35
CHARGES AND FREE SERVICES
The provisions regarding charges for telecommunication and the various cases in which free services are accorded, are set forth in the Regulations annexed to this Convention.
ARTICLE 36
PRIORITY OF GOVERNMENT TELEGRAMS AND
TELEPHONE CALLS
Subject to the provisions of Article 45, Government telegrams shall enjoy priority over other telegrams when priority is requested for them by the sender. Government telephone calls may also be accorded priority, upon specific request and to the extent practicable, over other telephone calls.
ARTICLE 37
SECRET LANGUAGES
1. Government telegrams and service telegrams may be expressed in secret language in all relations.
2. Private telegrams in secret language may be admitted between all countries with the exception of those which have previously notified, through the medium of the General Secretariat, that they do not admit this language for those categories of correspondence.
3. Members and Associate Members which do not admit private telegrams in secret language originating in or destined for their own territory must let them pass in transit, except in the case of suspension of service provided for in Article 30.
ARTICLE 38
RENDERING AND SETTLEMENT OF ACCOUNTS
1. Administrations of Members and Associate Members and recognized private operating agencies which operate international telecommunication services, shall come to an agreement with regard to the amount of their credits and debits.
2. The statements of accounts in respect to debits and credits referred to in the preceding paragraph shall be drawn up in accordance with the provisions of the Regulations annexed to this Convention, unless special arrangements have been concluded between the parties concerned.
3. The settlement of international accounts shall be regarded as current transactions and shall be effected in accordance with the current international obligations of the countries concerned, in those cases where their governments have concluded arrangements on this subject. When no such arrangements have been concluded, and in the absence of special arrangements made under Article 40 of this Convention, these settlements shall be effected in accordance with the Regulations.
ARTICLE 39
MONETARY UNIT
The monetary unit used in the composition of the tariffs of the international telecommunication services and in the establishment of the international accounts shall be the gold franc of 100 centimes, of a weight of 10/31 of a gramme and of a fineness of 0.900.
ARTICLE 40
SPECIAL ARRANGEMENTS
Members and Associate Members reserve for themselves, for the private operating agencies recognized by them and for other agencies duly authorized to do so, the right to make special arrangements on telecommunication matters which do not concern Members and Associate Members in general. Such arrangements, however, shall not be in conflict with the terms of this Convention or of the Regulations annexed thereto, so far as concerns the harmful interference which their operation might be likely to cause to the radio services of other countries.
ARTICLE 41
REGIONAL CONFERENCES, AGREEMENTS AND
ORGANIZATIONS
Members and Associate Members reserve the right to convene regional conferences, to conclude regional agreements and to form regional organizations, for the purpose of settling telecommunication questions which are susceptible of being treated on a regional basis. However, such agreements must not be in conflict with this Convention.
CHAPTER V
SPECIAL PROVISIONS FOR RADIO
ARTICLE 42
RATIONAL USE OF FREQUENCIES AND
SPECTRUM SPACE
Members and Associate Members recognize that it is desirable to limit the number of frequencies and the spectrum space used to the minimum essential to provide in a satisfactory manner the necessary services.
ARTICLE 43
INTERCOMMUNICATION
1. Stations performing radio communication in the mobile service shall be bound, within the limits of their normal employment, to exchange radio-communications reciprocally without distinction as to the radio system adopted by them.
2. Nevertheless, in order not to impede scientific progress, the provisions of the preceding paragraph shall not prevent the use of a radio system incapable of communicating with other systems, provided that such incapacity is due to the specific nature of such system and is not the result of devices adopted solely with the object of preventing intercommunication.
3. Notwithstanding the provisions of paragraph 1, a station may be assigned to a restricted international service of telecommunication, determined by the purpose of such telecommunication, or by other circumstances independent of the system used.
ARTICLE 44
HARMFUL INTERFERENCE
1. AH stations, whatever their purpose, must be established and operated in such a manner as not to result in harmful interference to the radio services or communications of other Members or Associate Members or of recognized private operating agencies which carry on radio service, and which operate in accordance with the provisions of the Radio Regulations.
2. Each Member or Associate Member undertakes to require the private operating agencies which it recognizes and the other operating agencies duly authorized for this purpose, to observe the provisions of the preceding paragraph.
3. Further, the Members and Associate Members recognize the desirability of taking all practicable steps to prevent the operation of electrical apparatus and installations of all kinds from causing harmful interference to the radio services or communications mentioned in paragraph 1 of this Article.
ARTICLE 45
DISTRESS CALLS AND MESSAGES
1. Radio stations shall be obliged to accept, with absolute priority, distress calls and messages regardless of their origin, to reply in the same manner to such messages, and immediately to take such action in regard thereto as may be required.
2. The international telegraph and telephone services must accord absolute priority to communications concerning safety of life at sea or in the air.
ARTICLE 46
FALSE OR DECEPTIVE DISTRESS OR SAFETY SIGNALS
IRREGULAR USE OF CALL SIGNS
Members and Associate Members agree to take the steps required to prevent the transmission or circulation of false or deceptive distress or safety signals and the use, by a station, of call signs which have not been regularly assigned to it.
ARTICLE 47
INSTALLATIONS FOR NATIONAL DEFENSE SERVICES
1. Members and Associate Members retain their entire freedom with regard to military radio installations of their army, naval and air forces.
2. Nevertheless, these installations must, so far as possible, observe regulatory provisions relative to giving assistance in case of distress and to the measures to be taken to prevent harmful interference, and the provisions of the Regulations concerning the types of emission and the frequencies to be used, according to the nature of the service performed by such installations.
3. Moreover, when these installations take part in the service of public correspondence or other services governed by the Regulations annexed to this Convention, they must, in general, comply with the regulatory provisions for the conduct of such services.
CHAPTER VI
DEFINITIONS
ARTICLE 48
DEFINITIONS
In this Convention, unless the context otherwise requires,
a) the terms which are defined in Annex 2 of this Convention shall have the meanings therein assigned to them.
b) other terms which are defined in the Regulations referred to in Article 13 shall have the meanings therein assigned to them.
CHAPTER VII
FINAL PROVISIONS
ARTICLE 49
EFFECTIVE DATE OF THE CONVENTION
The present Convention shall enter into force on January first nineteen hundred forty nine between countries, territories or groups of territories, in respect of which instruments of ratification or accession have been deposited before that date.
In witness whereof, the respective plenipotentiaries have signed the Convention in each of the English and French languages, in a single copy, in which in case of dispute, the French text shall be authentic, and which shall remain deposited in the archives of the Government of the United States of America and one copy of which shall be forwarded to each signatory Government.
Done at Atlantic City, October 2, 1947.
ANNEX 1
1. Afghanistan Territories and Territories under 2. People’s Republic of Albania mandate or trusteeship of the 3. Saudi Arabia (Kingdom of) United Kingdom of Great 4. Argentine Republic Britain and Northern Ireland 5. Australia (Commonwealth of) 20. Colonies, Protectorates and Over- 6. Austria seas Territories under French 7. Belgium Mandate 8. The Bielorussian Soviet Socialist 21. Belgian Congo and Territories of Republic Ruanda Urundi 9. Burma 22. Costa Rica 10. Bolivia 23. Cuba 11. Bra2il 24. Denmark 12. Bulgaria 25. Dominican Republic 13. Canada 26. Egypt 14. Chile 27. El Salvador (Republic of) 15. China 28. Ecuador 16. Vatican City (State of) 29. United States of America 17. Colombia (Republic of) 30. Ethiopia 18. Portuguese” Colonies 31. Finland 19. Colonies, Protectorates, Overseas 32. France 33. Greece 60. Portugal 34. Guatemala 61. French Protectorates of Morocco 35. Haiti and Tunisia 62. People’s Federal Popular 36. Honduras (Republic of) 63. The Ukrainian Soviet Socialist 37. Hungary Republic of Yugoslavia 64. Southern Rhodesia 38. India 65. Roumania 39. Netherlands Indies Republic 66. United Kingdom of Great Britain 40. Iran 67. Siam 41. Iraq 68. Sweden 42. Ireland 69. Swiss Confederation 43. Iceland and Northern Ireland 70. Syria 44. Italy 71. Czechoslovakia 45. Lebanon 72. Territories of the United States 46. Liberia 73. Turkey 47. Luxembourg 74. Union of South Africa and the 48. Mexico mandated territories of South- 49. Monaco 75. Union of Soviet Socialist 50. Nicaragua of America 76. Uruguay (Oriented Republic of) 51. Norway 77. Venezuela (United States of) 52. New Zealand 78. Yemen 53. Pakistan 54. Panama west Africa 55. Uruguay 56. Netherlands, Curacao & Surinam Republics 57. Peru 58. Philippines (Republic of the) 59. Poland (Republic of)
ANNEX 2
DEFINITION OF TERMS USED IN THE INTERNATIONAL
TELECOMMUNICATION CONVENTION
(See Article 48)
Administration: Any department or service of a government responsible for implementing the obligations undertaken in the International Telecommunication Convention and the Regulations annexed thereto.
Private operating agency: Any individual or company or corporation other than a governmental establishment or agency, which operates a telecommunication installation intended for an international telecommunication service or which is capable of causing harmful interference with such a service.
Recognized private operating agency: Any private operating agency, as defined above, which operates a service of public correspondence or of broadcasting and upon which the obligations provided for in Article 20 are imposed by the Member or Associate Member in whose territory the head office of the agency is situated.
Delegate: A person representing a Government at a plenipotentiary conference, or a person representing a Government or an Administration at an administrative conference, or at a meeting of an International Consultative Committee.
Delegation: The totality of the delegates, representatives and experts as the case may be of the same country. Each delegation may include one or more attaches and one or more interpreters. Each Member and Associate Member shall be free to make up its delegation as it wishes. In particular, it may include in its delegation, in the capacity of delegates or of advisers, representatives of private telecommunication operating agencies which it recognizes, and of other private enterprises interested in the telecommunication field which are recognized as such by their respective governments.
Representative: A person representing a recognized private operating agency at an administrative conference, or at a meeting of an International Consultative Committee.
Expert; A person representing a national scientific or industrial organization authorized by the Government of its country to be present at an administrative conference or ‘at a meeting of an International Consultative Committee.
Observer: A person representing a Government, or a person representing an international organization with which the International Telecommunication Union has an interest in cooperating.
International Service: A telecommunication service between offices or stations in different countries or between mobile stations which are not in the same country or are subject to different countries.
Mobile Service: A service of radio communication between mobile and land stations or between mobile stations.
Broadcasting Service: A radio communication service of transmission to be received directly by the general public.
Telecommunication: Any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, visual or other electro-magnetic systems.
Telegraphy: A system of telecommunication for the transmission of written matter by the use of a signal code.
Telephony: A system of telecommunication set up for the transmission of speech or, in some cases, other sounds.
Telegram: Written matter intended to be transmitted by telegraphy; this term also includes radio telegram unless otherwise specified.
Government Telegrams and Government Telephone Calls: These are telegrams or telephone calls originating with any of the authorities specified below:
a) the Head of a State;
b) the Head of a Government and members of a Government;
c) the Head of a colony, protectorate, overseas territory or territory under suzerainty, authority, trusteeship or mandate of a Member or Associate Member or of the United Nations;
d) Commanders-in-Chief of military forces, land, sea or air;
e) diplomatic or consular agents;
f) the Secretary General of the United Nations and the Heads of the subsidiary organs of the United Nations;
g) the International Court of Justice at The Hague.
Replies to Government telegrams as defined herein shall also be regarded as Government telegrams.
Service Telegrams: Those originating with telecommunication administrations of Members and Associate Members, with recognized private operating agencies or with the Secretary General of the Union and relating to international telecommunication or to objects of public interest mutually agreed upon by the administrations and private operating agencies concerned.
Private Telegrams: Telegrams other than service or Government telegrams.
Radio communication: Any telecommunication by means of Hertzian waves
Hertzian Waves: Electromagnetic waves of frequencies between 10 kc/s and 3,000,000 Mc/s.
Radio: A general term applied to the use of Hertzian waves.
Harmful interference: Any radiation or any induction which endangers the functioning of a radio navigation service or of a safety service, or obstructs or repeatedly interrupts a radio service operating in accordance with the Radio Regulations.
ANNEX 3
(See Article 25)
ARBITRATION
1. The party which appeals to arbitration shall initiate the arbitration procedure by transmitting to the other party to the dispute a notice of the submission of the dispute to arbitration.
2. The parties shall decide by agreement whether the arbitration is to be entrusted to individuals, administrations or governments. If within one month after notice of submission of the dispute to arbitration, the parties have been unable to agree upon this point, the arbitration shall be entrusted to governments.
3. If arbitration is to be entrusted to individuals, the arbitrators must neither be nationals of the parties involved in the dispute, nor have their domicile in the countries parties to the dispute, nor be employed in their service.
4. If arbitration is to be entrusted to governments, or to administrations thereof, these must be chosen from among the Members or Associate Members which are not parties to the dispute, but which are parties to the agreement, the application of which caused the dispute.
5. Within three months from the date of receipt of the notification of the submission of the dispute to arbitration, each of the two parties to the dispute shall appoint an arbitrator.
6. If more than two parties are involved in the dispute, an arbitrator shall be appointed in accordance with the procedure set forth in paragraphs 4 and 5 above, by each of the two groups of parties having a common position in the dispute.
7. The two arbitrators thus appointed shall choose a third arbitrator who, if the first two arbitrators are individuals and not governments or administrations, must fulfill the conditions indicated in paragraph 3 above, and in addition must not be of the same nationality as either of the other arbitrators. Failing an agreement between the two arbitrators as to the choice of a third arbitrator, each of these two arbitrators shall nominate a third arbitrator who is in no way concerned in the dispute. The Secretary General of the Union shall then draw lots in order to select the third arbitrator.
8. The parties to the dispute may agree to have their dispute settled by a single arbitrator appointed by agreement; or alternatively, each party may nominate an arbitrator and request the Secretary General of the Union to draw lots to decide which of the persons so nominated is to act as the single arbitrator.
9. The arbitrator or arbitrators shall be free to decide upon the procedure to be followed.
10. The decision of the single arbitrator shall be final and binding upon the parties to the dispute. If the arbitration is entrusted to more than one arbitrator, the decision made by the majority vote of the arbitrators shall be final and binding upon the parties.
11. Each party shall bear the expenses it shall have incurred in the investigation and presentation of the arbitration. The costs of arbitration other than those incurred by the parties themselves shall be divided equally between the parties to the dispute.
ANNEX 4
GENERAL REGULATIONS ANNEXED TO THE INTERNATIONAL
TELECOMMUNICATION CONVENTION
PART I
GENERAL PROVISIONS REGARDING CONFERENCES
CHAPTER 1
INVITATION AND ADMISSION TO PLENIPOTENTIARY
CONFERENCES
1. The inviting Government, in collaboration with the Administrative Council, shall fix the definitive date and the exact place of the Conference.
2. One year before this date, the inviting Government shall send invitations to the Members and Associate Members of the Union.
3. The replies of the invited Members and Associate Members must reach the inviting Government not later than one month before the date of opening of the Conference.
4. Immediately after the inviting Government has sent the invitations, the Secretary General shall request the administrations of all Members and Associate Members to forward their proposals for the work of the Conference within a period of four months. The Secretary General shall assemble them and forward them, as soon as possible, to all Members and Associate Members.
5. The Administrative Council shall notify the United Nations of the place and date of the Conference in order that this Organization may participate in accordance with Article 26 of the Convention if it so desires.
6. Any permanent organ of the International Telecommunication Union shall be admitted, as of right, to the Conference and take part in its work in an advisory capacity.
7. The inviting Government, in agreement with the Administrative Council, may invite non-contracting Governments to send observers to take part in the conferences in an advisory capacity.
8. Delegations as defined in the Annex 2 of the Convention, and according to circumstances, the observers contemplated in paragraph 7 are admitted to the Conference.
9. The provisions of the foregoing paragraphs shall apply, so far as practicable, to extraordinary plenipotentiary conferences.
CHAPTER 2
INVITATION AND ADMISSION TO ADMINISTRATIVE
CONFERENCES
1. The inviting Government, in agreement with the Administrative Council, shall fix the definitive date and the exact place of the conference.
2. One year before this elate, in the case of an ordinary conference, and at least six months before in the case of an extraordinary conference, the inviting Government shall send invitations to the Members and Associate Members of the Union, which may communicate the invitation to the private operating agencies recognized by them. The inviting Government, in agreement with the Administrative Council, shall itself send a notification to the international organizations which may be interested in this conference.
3. The replies of the invited Members and Associate Members, regarding the Delegations of Governments and the representatives of recognized private operating agencies, must reach the inviting Government at the latest one month before the date of the opening of the conference.
4. (1) Applications made by international organizations for admission to the conferences must be sent to the inviting Government within a period of two months from the date of the notification as provided in paragraph 2.
(2) Four months before the meeting of the conference, the inviting Government shall forward to the Members and Associate Members the list of international organizations which have made application to take part in the conference, inviting them to state, within a period of two months, whether or not these applications should be granted.
5. The following shall be admitted to Administrate conferences:
a) Delegations as defined in the Annex 2 to the Convention;
b) Representatives of recognized private operating agencies;
c) Observers of international organizations if at least half of the Members whose replies have been received within the period prescribed in paragraph 4 have pronounced favorably.
6. Any admission of other international organizations to a conference shall be subject to a decision of the conference itself, taken at the first session of the Plenary Assembly.
7. The provisions of paragraphs 4, 5, 6 and 7 of Chapter 1 of the General Regulations are applicable to Administrative Conferences.
CHAPTER 3
VOTING AT CONFERENCES
1. Each Member of the Union shall have one vote in accordance with Article 1 of the Convention.
2. (1) Each delegation shall present credentials. In the case of a plenipotentiary conference, these must be full powers signed by the Head of the Government or by the Minister of Foreign Affairs of the Member of the Union concerned.
(2) A special committee shall verify the credentials of each delegation during the first week of the conference.
(3) No delegation may exercise the right to vote until its credentials are declared to be in order by the special committee referred to above.
3. A duly accredited delegation may give a mandate to another duly accredited delegation to exercise its vote at one or more sessions at which it is unable to be present. In no case may one delegation exercise more than one such proxy vote.
CHAPTER 4
PROCEDURE FOR CALLING EXTRAORDINARY ADMINISTRATIVE
CONFERENCES OR FOR CHANGING THE TIME OR
PLACE OF A CONFERENCE
1. When a Member or Associate Member of the Union communicates to the Chairman of the Administrative Council a desire for (a) an Extraordinary Administrative Conference, or (b) a change in the time and/or place of the next Plenipotentiary or Administrative Conference, it shall suggest a time and place.
2. On receipt of twenty or more requests, the Administrative Council shall inform all Members and Associate Members, give particulars and allow a period of six weeks for receipt of their comments. If there is unanimity of opinion among the Members on place and date, the Council shall ascertain whether the Government of the country in which the proposed meeting place is situated is prepared to act as inviting Government. If the answer is in the affirmative, the Council and the Government concerned shall arrange accordingly. If the answer is in the negative, the Council shall so inform the Members and Associate Members desiring the Conference, and invite alternative suggestions. On receipt of these suggestions, the Council shall, where appropriate, follow the consultation procedure set out in paragraph 3 below.
3. If more than one meeting place or date for the Conference is suggested, the Council shall consult the Government of each of the countries where the places are situated. When the views of the Governments have been ascertained, the Council shall invite all Members and Associate Members to choose one of the meeting places and/or dates which have been ascertained to be available. According to the wishes of the majority of the Members, the Council shall then arrange the Conference in collaboration with the inviting Government.
4, All Members and Associate Members shall dispatch their replies to a communication from the Administrative Council regarding the date and meeting place for a Conference in time for the replies to reach the Council within six weeks of the date of the communication from the Council.
CHAPTER 5
METHODS OF PRESENTATION OF PROPOSALS FOR
CONSIDERATION AT CONFERENCES
To be considered by the Conference, all proposals, the adoption of which will require revision of the text of the Convention or Regulations, must carry references identifying by Chapter, Article or Paragraph number those parts of the text which will require such revision.
CHAPTER 6
RULES OF PROCEDURE OF CONFERENCES
RULE 1
ORDER OF SEATING
At sessions of the Plenary Assembly, the delegates, representatives, experts and attaches shall be grouped in delegations, and the delegations shall be seated in the alphabetical order of the French names of the countries represented.
RULE 2
FIRST SESSION OF THE PLENARY ASSEMBLY
The first sessions of the Plenary Assembly shall be opened by a person appointed by the inviting Government.
RULE 3
ELECTION OF THE CHAIRMAN AND VICE-CHAIRMAN
The chairman and the vice-chairman of the Conference shall be elected at the first session of the Plenary Assembly of the Conference.
RULE 4
POWERS OF THE CHAIRMAN
1. The Chairman shall open and close the sessions of the Plenary Assembly, direct the deliberations and announce the results of the voting.
2. He shall also have the general direction of all the work of the Conference.
RULE 5
SECRETARIAT OF THE CONFERENCE
The secretariat of the Conference shall be constituted at the first session of the Plenary Assembly and shall be composed of the personnel of the secretariat of the Union, and, if necessary, of personnel of the administration of the inviting Government.
RULE 6
APPOINTMENT OF COMMITTEES
The Plenary Assembly may appoint committees to examine questions submitted for the consideration of the Conference. These committees may appoint subcommittees, which, in their turn, may appoint sub-subcommittees.
RULE 7
COMPOSITION OF COMMITTEES
1. In plenipotentiary conferences, the committees shall be composed of Delegates of Members and Associate Members which have made application or which have been appointed by the Plenary Assembly.
2. (1) In administrative conferences, the committees may also include representatives of recognized private operating agencies.
(2) Experts of scientific or manufacturing telecommunication organizations, observers of international organizations and persons appearing on behalf of societies, associations, or individuals may participate without vote in the committees, subcommittees, and sub-subcommittees of administrative conferences subject to the provisions of Chapter 2 and Chapter 6, Rule 9, of the General Regulations.
RULE 8
CHAIRMEN, VICE-CHAIRMEN AND REPORTERS OF COMMITTEES
1. The Chairman of the Conference shall submit for the approval of the Plenary Assembly the choice of the chairmen, vice-chairmen, and reporters of the subcommittees of that committee.
RULE 9
PARTICIPATION OF PRIVATE SOCIETIES IN ADMINISTRATIVE CONFERENCES
Societies, associations or individuals may be authorized by the Plenary Assembly or by committees to present petitions or submit resolutions provided that such petitions or resolutions are countersigned or supported by the Head of the Delegation of the country concerned. Such societies, associations or individuals may also attend certain sessions of these committees, but the speakers shall take part in the discussions only in so far as the Chairman of the Committee, in agreement with the Head of the Delegation of the country concerned, may deem desirable.
RULE 10
SUMMONS TO SESSIONS
The sessions of the Plenary Assembly and the sessions of committees and of sub-committees shall be announced either by letter or by notice posted in the meeting place of the Conference.
RULE 11
ORDER OF DISCUSSIONS
1. Persons desiring to speak may do so only after having obtained the consent of the Chairman. As a general rule they shall begin by announcing the name of their country or the name of their company and the country where its headquarters are located.
2. Any person speaking must express himself slowly and distinctly, separating his words and pausing frequently so that all his colleagues may be able to follow his meaning clearly.
RULE 12
PROPOSALS PRESENTED BEFORE THE OPENING OF THE CONFERENCE
Proposals presented before the opening of the Conference shall be allocated by the Plenary Assembly to the appropriate committees appointed in accordance with Chapter 6, Rule 6, of the General Regulations.
RULE 13
PROPOSALS PRESENTED DURING A CONFERENCE
1. No proposal or amendment shall be submitted unless it is countersigned or supported by the Head of the Delegation of the country concerned or by his deputy.
2. The Chairman of the Conference shall decide whether the proposal or the amendment shall be announced to all delegations by distribution of copies or merely by oral statement.
3. At sessions of the Plenary Assembly, any authorized individual may read or request to be read, any proposal or amendment presented by him during a conference and may be allowed to explain his reasons therefore.
RULE 14
PROPOSALS PRESENTED TO COMMITTEES DURING A CONFERENCE
1. Proposals and amendments presented after the opening of a conference must be delivered to the Chairman of the appropriate committee, or in case of doubt as to the appropriate committee, to the Chairman of the Conference.
2. Every proposal and amendment for modification of the Convention or the Regulations must be presented in the definitive form of words to be included in those documents.
3. The Chairman of the Committee concerned shall decide whether the proposal or amendment shall be announced to all members of the Committee by distribution of copies or merely by oral statement.
RULE 15
POSTPONED PROPOSALS
When a proposal or an amendment has been reserved or when its examination has been postponed, the Delegation sponsoring it shall be responsible for seeing that it is not subsequently overlooked.
RULE 16
VOTING PROCEDURE IN SESSIONS OF THE PLENARY ASSEMBLY
1. In sessions of the Plenary Assembly each proposal or amendment shall be submitted to a vote after discussion.
2.For a valid vote to be taken at a session of the Plenary Assembly at least one-half of the delegations accredited to the Conference and having the right to vote must be present or represented at the session during which the vote is cast.
3. Voting shall take place by a show of hands. If a majority is not clearly apparent even after a recount has been taken, or if an individual count of the votes is requested, there shall be a roll call in the alphabetical order of the French names of the Members.
4. In sessions of the Plenary Assembly, no proposal or amendment shall be adopted unless it is supported by a majority of the delegations present and voting. In determining the number of votes required for a majority, abstentions shall not be taken into account.
5. Exceptions to the above rule shall be made with respect to membership in the Union, in which case the procedure shall be in accordance with that prescribed in Article 1 of the Convention.
6. If the number of abstentions exceeds one-half of the number of delegations present and voting, the measure shall be reconsidered at a subsequent session, at which time the abstentions shall not be taken into consideration.
7. If five or more delegations, present and entitled to vote, request, when a vote is about to be taken, that it shall be taken by secret ballot, this shall be done. The necessary steps shall be taken to guarantee secrecy.
RULE 17
RIGHT OF VOTE AND VOTING PROCEDURE IN COMMITTEES
1. The right of vote in Committees shall be governed by Chapter 3 of the General Regulations.
2. Voting procedure in Committees shall be governed by the provisions of paragraphs 1, 3, 4 and 6 of Rule 16, of Chapter 6, of the General Regulations.
RULE 18
ADOPTION OF NEW PROVISIONS
1. As a general rule, delegations which cannot have their opinion regarding a provision accepted by the others must endeavor to adopt the opinion of the majority.
2. However, if the measure proposed appears to a delegation to be of such a nature as to prevent its Government from ratifying the Convention or approving the Regulations, the delegation may express reservations final or provisional, regarding this measure.
RULE 19
MINUTES OF THE SESSIONS OF THE PLENARY ASSEMBLY
1. The minutes of the sessions of the Plenary Assembly shall be drawn up by the secretariat of the Conference.
2. (1) As a general rule, the minutes shall contain only the proposals and conclusions, with the chief reasons for them in concise terms.
(2) However, each delegate, representative or observer, shall have the right to require the insertion in the minutes, either summarized or in full, of any statement the Conference within two hours after the end of the session. It is recommended that this right shall only be used with discretion.
RULE 20
REPORTS OF COMMITTEES
1. (1) The debates of the committees and subcommittees shall be summarized, session by session, in reports in which shall be brought out the essential points of the discussion, the various opinions which are expressed and which it is desirable that the Plenary Assembly should know, and the proposals and conclusions which emerge.
(2) However, each delegate, representative or observer shall have the right to require the insertion in the report, either summarized or in full, of any statement which he has made. In such case, he must himself supply to the reporter the text to be inserted within two hours after the end of the session. It is recommended that this right shall only be used with discretion.
2. If circumstances warrant, the committees or subcommittees shall prepare at the end of their work a final report in which they shall recapitulate in concise terms the proposals and the conclusions which result from the studies which have been entrusted to them.
RULE 21
ADOPTION OF MINUTES AND REPORTS
1. (1) As a general rule, at the beginning of each session of the Plenary Assembly, or of each session of a committee or of a subcommittee, the minutes or the report, of the preceding session shall be read.
(2) However, the Chairman may, if he considers such procedure satisfactory, and if no objection is raised, merely ask if any members of the Plenary Assembly, the Committee or the subcommittee, have any remarks to make on the content of the minutes or of the report.
2. The minutes or the report shall then be adopted or amended in accordance with the remarks which have been made and which have been approved by the Plenary Assembly, or by the Committee or subcommittee.
3. Any final report must be approved by the respective committee or subcommittee.
4. (1) The minutes of the closing session of the Plenary Assembly shall be examined and approved by the Chairman of the Conference.
(2) The report of the last session of a committee or of a sub-committee shall be examined and approved by the Chairman of the committee or subcommittee.
RULE 22
EDITORIAL COMMITTEE
1. The texts of the Convention or of the Regulations, which shall be worded so far as practicable in their definitive form, by the various committees, following the opinions expressed, shall be submitted to an editorial committee charged with perfecting their form without altering the sense and with combining them with those parts of the former texts which have not been altered.
2. The whole of the revised texts shall be submitted for the approval of the Plenary Assembly of the Conference which shall decide on them, or refer them back to the appropriate committee for further examination.
RULE 23
NUMBERING
1. The numbers of the chapters, articles and paragraphs of the texts subjected to revision shall be preserved until the first reading at a session of the Plenary Assembly. The passages added shall bear provisionally the numbers bister, etc. and the numbers of deleted passages shall not be used.
2. The definitive numbering of the chapters, articles and paragraphs shall be entrusted to the Editorial Committee after their adoption following the first reading.
RULE 24
FINAL APPROVAL
The texts of the Convention and of the Regulations shall be final after they have been read a second time and approved.
RULE 25
SIGNATURE
The final texts approved by the Conference shall be submitted for signature to the delegates provided with the necessary powers in the alphabetical order of the French names of the countries.
RULE 26
PRESS NOTICES
Official releases to the press about the work of the Conference shall be issued only as authorized by the Chairman or a Vice-Chairman of the Conference.
RULE 27
FRANKING PRIVILEGES
While attending conferences and meetings provided for in the Convention, Delegates and Representatives, as defined in the Annex to the Convention, the Secretary General, Assistant Secretaries General, Officials of the Secretariat of the Union and Members of the Administrative Council, shall be entitled to postal, telegraph and telephone franking privileges, to the extent arranged by the Government of the country in which the conference or meeting is held, in agreement with the other contracting governments and with the private operating agencies concerned.
PART II
INTERNATIONAL CONSULTATIVE COMMITTEES
CHAPTER 7
GENERAL PROVISIONS
1. The provisions of Part II of the General Regulations supplement Article 8 of the Convention defining the scope and structure of the International Consultative Committees.
2. Consultative Committees shall also observe the applicable Rules of Procedure of Conferences contained in Part I of the General Regulations.
CHAPTER 8
CONDITIONS FOR PARTICIPATION
1.(1) The International Consultative Committees shall have as members:—
a) as of right; Administrations of Members and Associate Members of the Union;
b) upon request; such recognized private operating agencies as have expressed a desire to have their experts participate in the work of the Committees, subject to the procedure indicated below.
(2) The first request from a recognized private operating agency to take part in the work of a Consultative Committee shall be addressed to the Secretary General who shall inform all the Members and Associate Members of the Union and the Director of the Consultative Committee concerned. A request from a private operating agency must be approved by the Administration of the Government recognizing it.
(3) Any private operating agency, member of a Consultative Committee, shall have the right to withdraw from participation in the work of this Consultative Committee when it so desires, by notifying the Director of the Committee. The withdrawal shall become effective one year from the date of the notification.
2. (1) International organizations, which are coordinating their work with the International Telecommunication Union and which have related activities, maybe admitted to participate in the work of the Consultative Committees in an advisory capacity.
(2) The first request from an international organization to take part in the work of a Consultative Committee shall be addressed to the Secretary General who shall invite by telegram all the Members and Associate Members of the Union to say whether the request should be granted; the request shall be granted if the majority of the replies of the members received within a period of one month are favorable. The Secretary General shall inform all the Members arid Associate Members of the Union and the Director of the Consultative Committee concerned of the result of the consultation.
3. (1) Scientific or manufacturing organizations, which are engaged in the study of telecommunication problems or in the design or manufacture of equipment intended for telecommunication services, may be admitted to participate in an advisory capacity in meetings of the Study Groups of the Consultative Committees, provided that their participation has received the approval of the administrations of the countries concerned.
(2) The first request from a scientific or manufacturing organization for admission to meetings of Study Groups of a Consultative Committee shall be addressed to the Director of the Consultative Committee; such a request must be approved by the administration of the country concerned.
CHAPTER 9
DUTIES OF THE PLENARY ASSEMBLY
The duties of the Plenary Assembly shall be to approve for issue, to modify or to reject recommendations submitted to it by the Study Groups and to draw up lists of new questions to be studied, in accordance with paragraph 2 of Article8 of the Convention. It shall submit to the Administrative Council a statement of the financial accounts of the Consultative Committee concerned.
CHAPTER 10
MEETINGS OF THE PLENARY ASSEMBLY
1. The Plenary Assembly shall normally meet every two years, provided thata meeting shall take place about one year previous to the meeting of the relative Administrative Conference.
2. The date of the meeting of a Plenary Assembly may be advanced or postponed with the approval of at least twelve participating countries, according to the state of progress of work of the Study Groups.
3. Each meeting of a Plenary Assembly shall be held in a place fixed by the previous meeting of the Plenary Assembly.
4. At each of these meetings, the Plenary Assembly shall be presided over by the Head of the Delegation of the country in which the meeting is held; the Chairman shall be assisted by Vice-Chairmen elected by the Plenary Assembly.
5. The Secretariat of the Plenary Assembly of a Consultative Committee shall be composed of the specialized Secretariat of that Consultative Committee, with the help, if necessary, of the personnel of the administration of the inviting Government and of the General Secretariat of the Union.
CHAPTER 11
LANGUAGES AND METHOD OF VOTING IN SESSIONS
OF THE PLENARY ASSEMBLIES
1. The languages used in the Plenary Meetings and in the official documents of the Consultative Committees shall be as provided in Article 15 of the Convention.
2. The Members which are authorized to vote at sessions of Plenary Assemblies of the Consultative Committees shall be as provided in Article 1, paragraph 3 (2) of the Convention. However, when a country is not represented by an administration, the representatives of the recognized private operating agencies of hat member country shall, as a whole, and regardless of their number, be entitled o a single vote.
CHAPTER 12
COMPOSITION OF STUDY GROUPS
The Plenary Assembly shall set up the necessary Study Groups to deal with questions to be studied; it shall designate the administrations, private operating agencies, international organizations and scientific and manufacturing organizations which shall take part in the work of the Study Groups; it shall name the Group Chairman who shall preside over each of the Study Groups.
CHAPTER 13
TREATMENT OF BUSINESS
1. If a Study Group cannot solve a question by correspondence, the Group Chairman may, with the approval of his Administration suggest a meeting at a convenient place to discuss the question orally.
2. However, in order to avoid unnecessary journeys and prolonged absences, the Director of a Consultative Committee, in agreement with the Group Chairmen of the various Study Groups concerned, shall draw up the general plan of meetings of groups of Study Groups which are to meet in the same place during the same period.”
3. The Director shall send reports made as a result of correspondence or of meetings, to the participating administrations, and to the private operating agencies which are members of the Consultative Committee. These shall be sent as soon as possible and, in any event, in time for them to be received at least one month before the date of the next meeting of the Plenary Assembly Questions which have not formed the subject of a report furnished in this way shall not appear in the agenda for the meeting of the Plenary Assembly.
CHAPTER 14
DUTIES OF THE DIRECTOR. SPECIALIZED SECRETARY
1. (1) The Director of a Consultative Committee shall coordinate the work of the Study Groups and of the Plenary Assembly.
(2) He shall keep a file of all the correspondence of the Committee.
(3) The Director shall be assisted by a secretariat composed of a specialized staff to work under his direction and to aid him in the organization of the work of the Committee.
(4) The Director of the C.C.I.R. shall also be assisted by a Vice-Director in accordance with Article 8 of the Convention.
2. The Director shall choose the technical and administrative members of the secretariat within the framework of the budget as approved by the Plenipotentiary Conference or the Administrative Council. The appointment of the technical and administrative personnel is made by the Secretary General in agreement with the Director.
3. The Director shall participate as of right, but in an advisory capacity, in meetings of the Plenary Assembly of the Study Groups. He shall make all necessary preparations for meetings of the Plenary Assembly and of the Study Groups.
4. The Vice-Director of the C.C.I.R. shall participate as of right in an advisory capacity in meetings of the Plenary Assembly and of the Study Groups when questions in which he is concerned are on the Agenda.
5. The Director shall submit to the Plenary Assembly a report on the activities of the Consultative Committee since the last meeting of the Plenary Assembly. After approval, this report shall be sent to the Secretary General of the Union.
6. The Director shall submit for the approval of the Plenary Assembly an estimate of the expenditure proposed for each of the next two years; after its approval by the Plenary Assembly, the Director shall send this estimate to the Secretary General of the union, to be embodied in the annual estimates of the Union.
CHAPTER 15
PREPARATION OF PROPOSALS FOR ADMINISTRATIVE
CONFERENCES
One year before the appropriate Administrative Conference, representatives of the interested Study Groups of each International Consultative Committee shall correspond with or meet with representatives of the Secretariat of the Union in order to extract, from the recommendations issued by it since the preceding Administrative Conference, proposals for modification of the relative set of Regulations.
CHAPTER 16
RELATIONS OF CONSULTATIVE COMMITTEES BETWEEN
THEMSELVES AND WITH OTHER INTERNATIONAL
ORGANIZATIONS
1. International Consultative Committees may form joint Study Groups to study and make recommendations on questions of common interest.
2. Any Consultative Committee may appoint a representative to attend, in an advisory capacity, meetings of other committees of the Union or other international organizations to which this Consultative Committee has been invited.
3. The Secretary General of the Union, or one of the two Assistant Secretaries General, the representatives of the International Frequency Registration Board, and the Directors of the other Consultative Committees of the Union or their representatives may attend meetings of the Consultative Committees in an advisory capacity.
CHAPTER 17
FINANCES OF INTERNATIONAL CONSULTATIVE
COMMITTEES
1. The salaries of the Directors of the International Consultative Committees, including the salary of the Vice-Director of the C.C.I.R., and the ordinary expenses of the specialized secretariats shall be included in the ordinary expenses of the Union in accordance with the provisions of Article 14 of the Convention.
2. The expenses of the meetings of the Plenary Assemblies and of the meetings of the Study Groups, including the extraordinary expenses of the Directors, the Vice-Director of the C.C.I.R., and of the whole of the Secretariat employed at such meetings shall be borne in the manner described below, by the administrations, private operating agencies and scientific or manufacturing organizations participating in such meetings.
3. An administration wishing to take part in the work of a Consultative Committee shall address a declaration to that effect to the Secretary General. This declaration shall include an undertaking to contribute to the extraordinary expenses of that Committee as set forth in the preceding paragraph, and also to pay for all documents supplied. This undertaking shall take effect as from the close of the meeting of the Plenary Assembly preceding the date of the declaration and shall remain in force until terminated by the administration concerned. Any notice of termination shall take effect as from the close of the meeting of the Plenary Assembly following the date of such notice. An administration giving notice to termination, shall, however, be entitled to receive all documents pertaining to the last meeting of the Plenary Assembly held during the period of validity of its undertaking.
4. (1) Any private operating agency member of a Consultative Committee must contribute to the expenses referred to in paragraph 2 above and must pay for the documents with which it is supplied as from the close of the meeting of the Plenary Assembly immediately preceding the date of its application as provided for in Chapter 8, paragraph 1 (2) of the General Regulations. This obligation shall continue until any notice of withdrawal, made in accordance with Chapter 8, paragraph 1 (3) of the General Regulations, becomes effective.
(2) The provisions of paragraph 4(1) above shall apply to scientific or manufacturing organizations and also to international organizations unless these latter are specifically exempted by the Administrative Council in accordance with Article 14 of the Convention.
5. The expenses of the Consultative Committees defined in paragraph 2 above shall be apportioned among the administrations which have undertaken to contribute, in proportion to the number of units which the respective Governments contribute to the ordinary expenses of the Union under Article 14 of the Convention. Private operating agencies, international organizations and scientific or manufacturing organizations which have undertaken to contribute shall declare the class in which they wish to be placed for this purpose.
6. Each administration, private operating agency, international organization and scientific or manufacturing organization shall defray the personal expenses of its own participants.
ADDITIONAL PROTOCOLS TO THE ACTS OF THE INTERNATIONAL
TELECOMMUNICATION CONFERENCE OF ATLANTIC CITY, ON 2
OCTOBER 1947.
At the time of signing the International Telecommunication Convention of Atlantic City, the undersigned plenipotentiaries have signed the following additional protocols:
I
PROTOCOL CONCERNING TRANSITIONAL ARRANGEMENTS
The International Telecommunication Conference of Atlantic City has agreed to the following arrangements to ensure the satisfactory functioning of the Union and to facilitate the application of the International Telecommunication Convention of Atlantic City upon its coming into force on January 1, 1949:
1. (1) ‘The Administrative Council shall be set up forthwith in accordance with the provisions of Article 5 of the Atlantic City Convention and shall forthwith function on a provisional basis until the coming into force of that Convention. It will hold its first meeting at Atlantic City.
(2) At that meeting the Administrative Council shall elect its Chairman and Vice-Chairmen and shall plan its work for the transitional period ending December 31, 1948, with a view to taking over, on January 1, 1949, its permanent functions.
2. (1) The International Frequency Registration Board shall be set up forthwith in accordance with the provisions of Article 6 of the Atlantic City Convention and shall function on a provisional basis until the coming into force of the said Convention.
(2) It will hold its first meeting at Atlantic City. For that meeting the Members of the Board may make temporary unpaid appointments of technically qualified persons without regard to all the conditions laid down in Article 6 of the Convention.
(3) At that meeting the Board shall be organized and its work shall be planned for the transitional period between January 1, 1948 and December 31, 1948, in accordance with the decisions taken by the International Radio Conference of Atlantic City with a view to its permanent establishment as provided for in the Convention of Atlantic City.
3.(1) The General Secretarial shall be set up forthwith in accordance with the provisions of Article 9 of the Atlantic City Convention. Until the coming into force of that Convention, it shall function on a provisional basis. With the consent of the Swiss Government, its posts shall be filled as far as possible by the corresponding officials of the present Bureau in order to facilitate the transfer of duties upon the date of the coming into force of the Atlantic City Convention.
(2) Exceptionally, in derogation of that Convention, the International Telecommunication Conference of Atlantic City appoints the first holders of the posts of Secretary General and Assistant Secretaries General. The present Director of the Bureau, Mr. F. von Ernst, is hereby appointed as Secretary General and the present Vice Directors, Mr. Leon Mulatier and Mr. Gerald C. Gross, are appointed as Assistant Secretaries General. These officials shall perform the functions as provided for them in the Convention,
4. During the interim period the Secretary General shall send to all Members of the Union notification of the deposit of instruments of ratification and accession as provided in Article 16 and 17 of the Convention.
II
PROTOCOL CONCERNING GERMANY AND JAPAN
It is hereby agreed that Germany and Japan may accede to the International Telecommunication Convention of Atlantic City by fulfilling the provisions of Article 17 thereof at such time as the responsible authorities consider such succession appropriate. The formalities prescribed by Article 1 of that Convention shall not apply to these two countries.
III
PROTOCOL CONCERNING SPAIN, THE SPANISH ZONE OF MOROCCO AND THE TOTALITY OF
SPANISH POSSESSIONS
It is hereby agreed that Spain, on the one hand, and the Spanish Zone of Morocco and the totality of Spanish Possessions, on the other hand, may accede to the International Telecommunication Convention of Atlantic City, in the capacity of Members having the right to vote, by complying with the provisions of Article 17 when the Resolution of the General Assembly of the United Nations dated December 12, 1946, shall be abrogated or cease to be applicable.
The formalities provided in Article 1 of the Convention shall not apply to Spain, on the one hand, and to the Spanish Zone of Morocco and to the totality of Spanish Possessions on the other hand.
IV
PROTOCOL CONCERNING THE TELEGRAPH AND
TELEPHONE REGULATIONS
For those Members who have not yet approved the Telegraph and/or the Telephone Regulations, the provisions of Paragraph 3 of Article 13 of the Convention shall become binding only on the date of the signature of the Telegraph and Telephone Regulations as revised by the next telegraph and telephone administrative conference.
V
PROTOCOL CONCERNING THE ORDINARY EXPENDITURES
OF THE UNION IN 1948
In accordance with the Resolution of the International Telecommunication Conference of Atlantic City, the Government of the Swiss Confederation is invited to advance to the Union, as and when requested by the Administrative Council or by the Secretary General of the Union with the Approval of the Administrative Council, a sum not exceeding 1,500,000 Swiss francs for the ordinary expenses of the Union for the fiscal year 1948.
The Secretary General of the Union is authorized, with the approval of the Administrative Council, to incur ordinary annual expenditures during the fiscal year 1948 not exceeding 1,000,000 Swiss francs for the radio division and 500,000 Swiss francs for the telephone and telegraph division.
VI
PROTOCOL CONCERNING ORDINARY EXPENDITURES
OF THE UNION FOR 1949-1952
The International Telecommunication Conference of Atlantic City, in accordance with its resolution, hereby authorizes the Administrative Council to incur, after approval by a majority of the Members and Associate Members of the Union prior to the fiscal year in which the expenditure is to be incurred, such higher expenditures as may be required for the conduct of essential functions of the Union above the annual ordinary expenditures of 4,000,000 Swiss francs, the sum estimated for the ordinary annual expenses of the Union for the period 1949-1952
VII
PROTOCOL AUTHORIZING EXTRAORDINARY EXPENDITURES
FOR THE PROVISIONAL FUNCTIONS OF THE I.F.R.B.
In accordance with the resolution approved by the International Telecommunication Conference of Atlantic City, the Secretary General of the Union is authorized to defray the extraordinary expenses attributable to the costs of the International Frequency Registration Board and the salaries and expenses of its members during the period prior to the effective date of the Atlantic City Convention.
VIII
PROTOCOL AUTHORIZING EXPENDITURE FOR THE PROVISIONAL
FUNCTIONS OF THE ADMINISTRATIVE COUNCIL
In accordance with the resolution approved by the International Telecommunication Conference of Atlantic City, the Secretary General of the Union is authorized to defray the official travel and subsistence expenses of Members of the Administrative Council and the expenses of its sessions during the period prior to the effective date of the Atlantic City Convention.
IX
PROTOCOL AUTHORIZING THE EXTRAORDINARY EXPENDITURES
OF FUNDS OF THE UNION FOR THE WORK OF THE
PROVISIONAL FREQUENCY BOARD
The International Telecommunication Conference of Atlantic City, in accordance with its resolution, hereby authorizes the Secretary General of the Union to incur, as extraordinary expenses of the Union, expenditures in connection with the work of the Provisional Frequency Board. Each country shall, however, defray the salary and expenses of its representative who will serve as a national member of the Board and of his advisers; the expenses of representatives of international regional organizations shall be defrayed by the organization concerned.
X
PROTOCOL CONCERNING THE PROCEDURE TO BE FOLLOWED BY
THE COUNTRIES WISHING TO MODIFY THEIR CLASS OF
CONTRIBUTION TO THE EXPENDITURES OF
THE UNION
The International Telecommunication Conference of Atlantic City, agrees as
follows:1. In derogation of the provisions of the Madrid Convention, the classification of units of contribution provided in Article 14, paragraph 4 of the International Telecommunication Convention of Atlantic City shall go into effect as of January 1, 1948.
2. Each Member shall, prior to September 1, 1948, notify the Secretary General of the Union of the class of contribution it has selected, from the classification table set forth in Article 14, paragraph 4 of the International Telecommunication Convention of Atlantic City. For meeting expenses for the fiscal year 1948, such notification may indicate the selection of a class of contribution for the expenses of the radio service, and a different class for the expenses of the telegraph and telephone service. For meeting expenses for the fiscal year 1949 and subsequent fiscal years, such notification shall indicate the single class selected for meeting the consolidated expenses of the radio service and the telegraph and telephone service.
3. Members failing to make decision prior to September 1, 1949 in accordance with the foregoing paragraph shall be bound to contribute in accordance with the number of units to which they have subscribed under the Madrid Convention, provided, however, that if such Members have, under the Madrid Convention, subscribed to a class of contribution for the radio service which is different from the class subscribed by them for the telegraph and telephone service, they shall, for the fiscal year 1949 and subsequent years, be bound to contribute in accordance with the higher of these two classes.
In witness whereof, the respective plenipotentiaries have signed these Additional Protocols in each of the English and French languages, in a single copy, which shall remain deposited in the archives of the Government of the United States of America and one copy of which shall be forwarded to each signatory government.
DONE at Atlantic City, October 2, 1947—
Parties to the Convention:
Albania Iran Argentina Iraq Australia Ireland Austria Italy Belgian Congo and Rwanda Lebanon Belgium Luxembourg Brazil Mexico Bulgaria Monaco Burma Morocco and Tunisia Byelorussian Soviet Socialist Republic Netherlands Canada New Zealand Chile Nicaragua China Norway Colombia Pakistan Colonies, Protectorates, Overseas Ter- Panama ritories under mandate or trustee- Peru ship of the United Kingdom Philippines Colonies, Protectorates and Overseas Poland Territories under the mandate of Portugal France Portuguese Colonies Cuba Rumania Czechoslovakia Saudi Arabia Denmark South Africa Dominican Republic Southern Rhodesia Dutch East Indies Sweden Ecuador Switzerland Egypt Syria El Salvador Thailand Ethiopia Turkey Finland Ukrainian Soviet Socialist Republic France United Kingdom Greece Union of Soviet Socialist Republics Guatemala United States Honduras Uruguay Haiti Vatican City Hungary Venezuela Iceland Yugoslavia India
[*] The Philippines alsi aceeded to ITU Convention of 1932, 151 LNTS, p. 4, Regulations of 1938, Conventions of 1952, TIAS 3266 and 1959, TIAS 4892.