Processing charges for satellite network filings and administrative procedures
The Plenipotentiary Conference of the International Telecommunication Union (Marrakesh, 2002),
considering
a) that the Plenipotentiary Conference adopted Resolution 88 (Minneapolis, 1998) dealing with processing charges for satellite network filings, requesting the Council to adopt the methodology and schedule of charges at its 1999 session;
b) that, at its 1999 session, the Council adopted Decision 482 setting out the methodology and schedule of fees, based on a flat-fee component and a variable-fee component (depending on the number of pages of the publication), with payment falling due after the publication of the filing;
c) that the World Radiocommunication Conference (Istanbul, 2000) (WRC-2000) dealt with the consequences of non-payment of such processing fees with the adoption of provisions in the Radio Regulations, and adopted Resolution 83 (WRC-2000) recommending that this conference consider the extent to which the provisions identified by WRC-2000 satisfy the purpose of Resolution 88 (Minneapolis, 1998) of the Plenipotentiary Conference and consider the date at which they shall enter into force;
d) that, at its 2001 session, the Council modified Decision 482 so that, for filings submitted after 1 January 2002, the flat-fee component would be invoiced upon receipt of the filing;
e) that, by Decision 510 adopted at its 2002 session, the Council established in an ad hoc group to consider an alternative basis for charges that does not depend on the number of pages, as well as the practical implications of applying cost attribution to activities associated with the processing of satellite network filings towards the application of full cost recovery,
considering further
a) that any delay in the application of satellite network cost recovery could result in a significant increase in the processing delay within the Radiocommunication Bureau (BR) and may have financial implications;
b) that any decision in this matter must ensure the protection of the rights acquired by Member States in applying the relevant procedures of the Radio Regulations,
recognizing
a) that the provisions adopted by WRC-2000 and referred to in considering c) above established a linkage between the rights acquired by Member States in applying the relevant procedures of the Radio Regulations after 7 November 1998 and the payment of the fees for cost recovery for satellite network filings, and that this linkage satisfies the requirement referred to in considering further b) above;
b) that the decisions taken by WRC-2000 satisfy the intent in the instruction given to WRC-2000 by Resolution 88 (Minneapolis, 1998) of the Plenipotentiary Conference for consequences in case of non-payment,
resolves
1 that cost recovery for satellite network filings shall be implemented as soon as possible consistent with the general principles for cost recovery adopted in Resolution 91 (Minneapolis, 1998) of the Plenipotentiary Conference;
2 that all filings in accordance with Council Decision 482, as modified, for the production of the special sections of the BR IFIC for space radiocommunication services concerning advance publication, and their associated requests for coordination or agreement (former Articles 11 and 14, plus Resolution 33 (Rev. WRC-97) and former Resolution 46 (WRC-97), or Article 9 of the Radio Regulations) and requests for modification of the space service plans and lists contained in Appendices 30/S30, 30A/S30A and 30B/S30B to the Radio Regulations received by BR after 7 November 1998 shall be subject to the application of cost recovery;
3 that the date of entry into force of the provisions of the Radio Regulations referred to in considering c) shall be 1 August 2003,
instructs the extraordinary session of the Council to be held during this conference
to establish a group, open to all Member States and Sector Members, in order to make recommendations to the 2003 session of the Council on:
modifications to Decision 482 to give effect to resolves 1 and 2 above; extension of the implementation of processing charges for satellite filings, received by BR as of a date to be set by the Council and not already covered in resolves 2 above, to include identifiable and auditable costs incurred directly in the processing of satellite network filings; clarification of the meaning of the term "actual costs" referred to in resolves 4 i) of Resolution 91 (Minneapolis, 1998) of the Plenipotentiary Conference;
further instructs the Council at its 2003 session
taking into account the recommendations of the group, as appropriate, to consider further modification of Decision 482,
instructs the Director of the Radiocommunication Bureau
to send a reminder 60 days before the date referred to in resolves 3 above,
recommends the 2003 World Radiocommunication Conference
to implement resolves 3 above,
instructs the Secretary-General
to submit a report to the next plenipotentiary conference on the implementation of this resolution and on the operation of cost recovery for processing charges for satellite network filings.
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