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ARTICLE 1
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Purposes of the Union
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1 The
purposes of the Union are: |
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a) to maintain and extend international
cooperation among all its Member States for
the improvement and rational use of
telecommunications of all kinds;
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a bis) to
promote and enhance participation of
entities and organizations in the activities
of the Union and foster fruitful cooperation
and partnership between them and Member
States for the fulfilment of the overall
objectives as embodied in the purposes of
the Union;
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b) to promote and to offer technical
assistance to developing countries in the
field of telecommunications, and also to
promote the mobilization of the material,
human and financial resources needed for its
implementation, as well as access to
information;
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c) 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;
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d) to promote the extension of the
benefits of the new telecommunication
technologies to all the world’s inhabitants;
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e) to promote the use of
telecommunication services with the
objective of facilitating peaceful
relations;
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f) to harmonize the actions of Member
States and promote fruitful and constructive
cooperation and partnership between Member
States and Sector Members in the attainment
of those ends;
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g) to promote, at the international
level, the adoption of a broader approach to
the issues of telecommunications in the
global information economy and society, by
cooperating with other world and regional
intergovernmental organizations and those
non-governmental organizations concerned
with telecommunications.
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2 To this
end, the Union shall in particular: |
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a) effect allocation of bands of the
radio-frequency spectrum, the allotment of
radio frequencies and the registration of
radio-frequency assignments and, for space
services, of any associated orbital position
in the geostationary-satellite orbit or of
any associated characteristics of satellites
in other orbits, in order to avoid harmful
interference between radio stations of
different countries;
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b) coordinate efforts to eliminate
harmful interference between radio stations
of different countries and to improve the
use made of the radio-frequency spectrum for
radiocommunication services and of the
geostationary-satellite and other satellite
orbits;
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c) facilitate the worldwide
standardization of telecommunications, with
a satisfactory quality of service;
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d) foster international cooperation and
solidarity in the delivery of technical
assistance to the developing countries and
the creation, development and improvement of
telecommunication equipment and networks in
developing countries by every means at its
disposal, including through its
participation in the relevant programmes of
the United Nations and the use of its own
resources, as appropriate;
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e) coordinate efforts to harmonize the
development of telecommunication facilities,
notably those using space techniques, with a
view to full advantage being taken of their
possibilities;
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f) foster collaboration among Member
States and Sector 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
telecommunications on a sound basis;
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g) promote the adoption of measures for
ensuring the safety of life through the
cooperation of telecommunication services;
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h) undertake studies, make regulations,
adopt resolutions, formulate recommendations
and opinions, and collect and publish
information concerning telecommunication
matters;
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i) promote, with international financial
and development organizations, the
establishment of preferential and favourable
lines of credit to be used for the
development of social projects aimed, inter
alia, at extending telecommunication
services to the most isolated areas in
countries.
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j) promote participation of concerned
entities in the activities of the Union and
cooperation with regional and other
organizations for the fulfilment of the
purposes of the Union.
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ARTICLE 2 -
Composition of the Union
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The
International Telecommunication Union is an
intergovernmental organization in which Member
States and Sector Members, having well-defined
rights and obligations, cooperate for the
fulfilment of the purposes of the Union. It
shall, having regard to the principle of
universality and the desirability of universal
participation in the Union, be composed of: |
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a) any State which is a Member State of
the International Telecommunication Union as
a Party to any International
Telecommunication Convention prior to the
entry into force of this Constitution and
the Convention;
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b) any other State, a Member of the
United Nations, which accedes to this
Constitution and the Convention in
accordance with Article 53 of this
Constitution;
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c) any other State, not a Member of the
United Nations, which applies for membership
of the Union and which, after having secured
approval of such application by two-thirds
of the Member States of the Union, accedes
to this Constitution and the Convention in
accordance with Article 53 of this
Constitution. If such application for
membership is made during the interval
between two plenipotentiary conferences, the
Secretary-General shall consult the Member
States of the Union; a Member State shall be
deemed to have abstained if it has not
replied within four months after its opinion
has been requested.
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ARTICLE 3 - PP-98 Rights and
Obligations of Member States and Sector Members
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1 Member
States and Sector Members shall have the rights
and shall be subject to the obligations provided
for in this Constitution and the Convention. |
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2 Rights of
Member States in respect of their participation
in the conferences, meetings and consultations
of the Union are: |
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a) all Member States shall be entitled to
participate in conferences, shall be
eligible for election to the Council and
shall have the right to nominate candidates
for election as officials of the Union or as
members of the Radio Regulations Board;
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b) subject to the provisions of Nos. 169
and 210 of this Constitution, each Member
State shall have one vote at all
plenipotentiary conferences, all world
conferences and all Sector assemblies and
study group meetings and, if it is a Member
State of the Council, all sessions of that
Council. At regional conferences, only the
Member States of the region concerned shall
have the right to vote;
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c) subject to the provisions of Nos. 169
and 210 of this Constitution, each Member
State shall also have one vote in all
consultations carried out by correspondence.
In the case of consultations regarding
regional conferences, only the Member States
of the region concerned shall have the right
to vote.
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3 In respect
of their participation in activities of the
Union, Sector Members shall be entitled to
participate fully in the activities of the
Sector of which they are members, subject to
relevant provisions of this Constitution and the
Convention: |
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a) they may provide chairmen and
vice-chairmen of Sector assemblies and
meetings and world telecommunication
development conferences;
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b) they shall be entitled, subject to the
relevant provisions of the Convention and
relevant decisions adopted in this regard by
the Plenipotentiary Conference, to take part
in the adoption of Questions and
Recommendations and in decisions relating to
the working methods and procedures of the
Sector concerned.
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ARTICLE 4 -
Instruments of the Union
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1 The
instruments of the Union are: |
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– this
Constitution of the International
Telecommunication Union, |
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– the
Convention of the International
Telecommunication Union, and |
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– the
Administrative Regulations. |
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2 This
Constitution, the provisions of which are
complemented by those of the Convention, is the
basic instrument of the Union. |
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3 The
provisions of both this Constitution and the
Convention are further complemented by those of
the Administrative Regulations, enumerated
below, which regulate the use of
telecommunications and shall be binding on all
Member States: |
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–
International Telecommunication Regulations,
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– Radio
Regulations. |
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4 In the
case of inconsistency between a provision of
this Constitution and a provision of the
Convention or of the Administrative Regulations,
the Constitution shall prevail. In the case of
inconsistency between a provision of the
Convention and a provision of the Administrative
Regulations, the Convention shall prevail. |
ARTICLE 5 - Definitions
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Unless the
context otherwise requires: |
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a) the terms used in this Constitution
and defined in its Annex, which forms an
integral part of this Constitution, shall
have the meanings assigned to them in that
Annex;
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b) the terms – other than those defined
in the Annex to this Constitution – used in
the Convention and defined in the Annex
thereto, which forms an integral part of the
Convention, shall have the meanings assigned
to them in that Annex;
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c) other terms defined in the
Administrative Regulations shall have the
meanings therein assigned to them.
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ARTICLE 6 -
Execution of the
Instruments of the Union
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1 The Member
States are bound to abide by the provisions of
this Constitution, the Convention and the
Administrative Regulations 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 48 of this
Constitution. |
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2 The Member
States are also bound to take the necessary
steps to impose the observance of the provisions
of this Constitution, the Convention and the
Administrative Regulations upon operating
agencies authorized by them to establish and
operate telecommunications and which engage in
international services or which operate stations
capable of causing harmful interference to the
radio services of other countries. |
ARTICLE 7 - Structure of the Union
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The Union
shall comprise: |
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a) the Plenipotentiary Conference, which
is the supreme organ of the Union;
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b) the Council, which acts on behalf of
the Plenipotentiary Conference;
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c) world conferences on international
telecommunications;
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d) the Radiocommunication Sector,
including world and regional
radiocommunication conferences,
radiocommunication assemblies and the Radio
Regulations Board;
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e) the Telecommunication Standardization
Sector, including world telecommunication
standardization assemblies;
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f) the Telecommunication Development
Sector, including world and regional
telecommunication development conferences;
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g) the General Secretariat.
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ARTICLE 8 - Plenipotentiary Conference
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1 The
Plenipotentiary Conference shall be composed of
delegations representing Member States. It shall
be convened every four years. |
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2 On the
basis of proposals by Member States and taking
account of reports by the Council, the
Plenipotentiary Conference shall: |
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a) determine the general policies for
fulfilling the purposes of the Union
prescribed in Article 1 of this
Constitution;
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b) consider the reports by the Council on
the activities of the Union since the
previous plenipotentiary conference and on
the policy and strategic planning of the
Union;
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c) in the light of its decisions taken on
the reports referred to in No. 50 above,
establish the strategic plan for the Union
and the basis for the budget of the Union,
and determine related financial limits,
until the next plenipotentiary conference,
after considering all relevant aspects of
the work of the Union in that period;
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c bis)
establish, using the procedures described in
Nos. 161D to 161G of this Constitution, the
total number of contributory units for the
period up to the next plenipotentiary
conference on the basis of the classes of
contribution announced by Member States;
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d) provide any general directives dealing
with the staffing of the Union and, if
necessary, fix the basic salaries, the
salary scales and the system of allowances
and pensions for all the officials of the
Union;
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e) examine the accounts of the Union and
finally approve them, if appropriate;
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f) elect the Member States which are to
serve on the Council;
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g) elect the Secretary-General, the
Deputy Secretary-General and the Directors
of the Bureaux of the Sectors as elected
officials of the Union;
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h) elect the members of the Radio
Regulations Board;
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i) consider and adopt, if appropriate,
proposals for amendments to this
Constitution and the Convention, put forward
by Member States, in accordance with the
provisions of Article 55 of this
Constitution and the relevant provisions of
the Convention, respectively;
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j) conclude or revise, if necessary,
agreements between the Union and other
international organizations, examine any
provisional agreements with such
organizations concluded by the Council on
behalf of the Union, and take such measures
in connection therewith as it deems
appropriate;
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j bis) adopt
and amend the General Rules of conferences,
assemblies and meetings of the Union;
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k) deal with such other telecommunication
questions as may be necessary.
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3
Exceptionally, in the interval between two
ordinary Plenipotentiary Conferences, it shall
be possible to convene an extraordinary
Plenipotentiary Conference with a restricted
agenda to deal with specific matters: |
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a) by a decision of the preceding
ordinary Plenipotentiary Conference;
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b) should two-thirds of the Member States
individually so request the
Secretary-General;
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c) at the proposal of the Council with
the approval of at least two-thirds of the
Member States.
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ARTICLE 9 - Principles Concerning Elections
and Related Matters
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1 The
Plenipotentiary Conference, at any elections
referred to in Nos. 54 to 56 of this
Constitution, shall ensure that: |
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a) the Member States of the Council are
elected with due regard to the need for
equitable distribution of the seats on the
Council among all regions of the world;
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b) the Secretary-General, the Deputy
Secretary-General and the Directors of the
Bureaux shall be elected among the
candidates proposed by Member States as
their nationals and shall all be nationals
of different Member States, and at their
election due consideration should be given
to equitable geographical distribution
amongst the regions of the world; due
consideration should also be given to the
principles embodied in No. 154 of this
Constitution;
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c) the members of the Radio Regulations
Board shall be elected in their individual
capacity from among the candidates proposed
by Member States as their nationals. Each
Member State may propose only one candidate.
The members of the Radio Regulations Board
shall not be nationals of the same Member
State as the Director of the
Radiocommunication Bureau; at their
election, due consideration should be given
to equitable geographical distribution
amongst the regions of the world and to the
principles embodied in No. 93 of this
Constitution.
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2 Provisions
relating to taking up duties, vacancy and
re-eligibility are contained in the Convention. |
ARTICLE 10 -
The Council
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1 1) The Council shall be composed of Member
States elected by the Plenipotentiary Conference
in accordance with the provisions of No. 61 of
this Constitution. |
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2) Each Member State of the Council shall
appoint a person to serve on the Council who may
be assisted by one or more advisers. |
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(SUP) |
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3 In the interval between Plenipotentiary
Conferences, the Council shall act, as governing
body of the Union, on behalf of the
Plenipotentiary Conference within the limits of
the powers delegated to it by the latter. |
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4 1) The Council shall take all steps to
facilitate the implementation by the Member
States of the provisions of this Constitution,
of the Convention, of the Administrative
Regulations, of the decisions of the
Plenipotentiary Conference, and, where
appropriate, of the decisions of other
conferences and meetings of the Union, and
perform any duties assigned to it by the
Plenipotentiary Conference. |
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2) The Council shall consider broad
telecommunication policy issues in accordance
with the guidelines given by the Plenipotentiary
Conference to ensure that the Union’s policies
and strategy fully respond to changes in the
telecommunication environment. |
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2 bis) The Council
shall prepare a report on the policy and
strategic planning recommended for the Union,
together with their financial implications,
using the specific data prepared by the
Secretary-General under No. 74A below. |
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3) It shall ensure the efficient coordination of
the work of the Union and exercise effective
financial control over the General Secretariat
and the three Sectors. |
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4) It shall contribute, in accordance with the
purposes of the Union, to the development of
telecommunications in the developing countries
by every means at its disposal, including
through the participation of the Union in the
appropriate programmes of the United Nations. |
ARTICLE 11 - General Secretariat
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1 1) The
General Secretariat shall be directed by a
Secretary-General, assisted by one Deputy
Secretary-General. |
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The
Secretary-General shall act as the legal
representative of the Union. |
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2) The
functions of the Secretary-General are specified
in the Convention. In addition, the
Secretary-General shall: |
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a) coordinate the Union’s activities,
with the assistance of the Coordination
Committee;
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b) prepare, with the assistance of the
Coordination Committee, and provide to the
Member States and Sector Members, such
specific information as may be required for
the preparation of a report on the policies
and strategic plan for the Union, and
coordinate the implementation of the plan;
this report shall be communicated to the
Member States and Sector Members for review
during the last two regularly scheduled
sessions of the Council before a
plenipotentiary conference;
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c) take all the actions required to
ensure economic use of the Union’s resources
and be responsible to the Council for all
the administrative and financial aspects of
the Union’s activities;
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(SUP) |
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3) The
Secretary-General may act as depositary of
special arrangements established in conformity
with Article 42 of this Constitution. |
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2 The Deputy
Secretary-General shall be responsible to the
Secretary-General; he shall assist the
Secretary-General in the performance of his
duties and undertake such specific tasks as may
be entrusted to him by the Secretary-General. He
shall perform the duties of the
Secretary-General in the absence of the latter. |
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