Passing the Buck, But Not the Bucks
The revision of Resolution
88 on the implementation of processing charges for satellite network filings
and related administrative procedures has been left in abeyance pending
consultations of the Chairman of Committee 6 with the Chairman of Committee 5
and the Chairman of the Conference to determine the best approach on the matter.
An attempt to revise this Resolution, which was adopted in Minneapolis in 1998,
hit a snag in Committee 6 this morning when some countries pointed out that some
of the issues raised during the discussion were outside the remit of the
Committee.
Resolution 88 decided to implement processing charges for
satellite network filings for all satellite filings submitted to the
Radiocommunication Bureau after 7 November 1998. At the time of that decision,
the methodology, charges and dates of payment were not yet determined. That same
resolution requested the Council at it special session during the 1998
Plenipotentiary Conference and the 1999 regular session to adopt the costing
methodology as well as the schedule of charges along with the dates when such
payments would be required.
Council in 1999 adopted a methodology (Decision 482) that
comprised a flat-fee component and variable-fee component, which is dependent on
the number of pages for the publication. These payments were required after the
publication of the filing by the Bureau, but due to the backlog in the
processing of filings, such payments were effectively delayed some two to three
years after their submission. Council in 2001 modified Decision 482 so that the
flat-fee component for filings received after 1 January 2002 would be required
within six months of the date of receipt of the invoice which would be sent out
after the receipt of the filing. This decision created an inequitable situation
in which a filing submitted before 1 January 2002 would have some two to three
years to make the payment, whereas, a filing submitted after 1 January 2002
would only have some months to make the payment.
One of the proposals at Marrakesh tabled by a group of
European countries is to modify Resolution 88 to instruct the Council to rectify
this inequity by requiring the invoices to be sent out soon after this plenipotentiary conference and
asking the payment of the flat-fee
component within a period of [six] months after the receipt of the invoice for
all filings subject to cost-recovery. Some consider this as a decision with
retroactive effect. The proponents of the proposal do not however consider such
a decision as having retroactive effect as the decision by PP-98 in Resolution
88 was such that all filings submitted after 7 November 1998 were subject to
these charges with the methodology, amount of the fees and the payment dates not
yet decided.
It was also proposed that the Resolution be revised to apply
the full cost allocation methodology, as the methodology adopted by the Council in
1999 for the processing charges did not include all costs associated with the
processing. Another outstanding issue is the decision to be made by the
Marrakesh Plenipotentiary Conference on the date of implementation of the measures
approved by WRC-2000 relating to the consequences of non-payment.
The matter will be taken up again following the results of the
on-going consultations by the chairmen of the two substantive committees and the
chairman of the Conference.
Sharing the Burden
A European Common Proposal to amend Articles
28 of the Constitution on the finances of the Union and Article
33 of the Convention on Finances to allow participants other than Member
States to share in defraying the expenses of the regional radiocommunication
conferences was noted and forwarded to Committee 5.
They seek to make it clear that the expenses incurred by the
regional radiocommunication conferences are not at the exclusive charge of
Member States if other entities or organizations are participating in the
meeting. The proposed amendment would require that "Sector Members (except
when attending a conference or assembly of their respective Sector) which
participate in a plenipotentiary conference, in a conference, assembly or
meeting of a Sector of the Union, or in a world conference on international
telecommunications, will be sharing the expenses of the conferences, assemblies
and meetings in which they participate.
A Practical Contributory Solution
The Plenary took the decision to extend the deadline to Tuesday, 15 October
at 18h00 local time for Member States to announce their class of contribution. Committee 6
has yet to determine the upper limit for the contributory unit. This will be
considered in Plenary on Thursday, 10 October. Therefore,
Steering Committee of PP-02 recommended that faced with these extraordinary
circumstances there was enough flexibility in the Constitution to permit this
extension.
The Secretary-General asked delegates to accept this as a practical solution
to a thorny financial and legal problem. Germany, Sweden and Australia questioned
the constitutional interpretation. Committee 6 expects it will be in a position to announce the
definitive upper limit
for the contributory unit by the middle of Thursday (10 October). The Chairman told delegates they
could then be in a position to
announce their contributions on Friday, if they so choose, but the deadline
would be on Tuesday.
Support for Palestinian Authority
A draft resolution requesting ITU’s assistance to the Palestinian Authority
for rebuilding its telecommunication networks was introduced by Saudi Arabia on
behalf of 44 delegations. The resolution calls on ITU to support the Palestinian
Authority in rebuilding, restoring and developing its telecommunication network
through the provision of technical and development assistance. The United States
noted that it would support continued ITU technical assistance, funded out of
available resources, to promote development of the telecommunication system of
the Palestinian Authority. The Chairman proposed further consultation on the resolution, with the
objective of having a revised draft for a future Plenary.
Shall it End?
The Chairman of Committee 5 noted that history has a way of repeating itself
and when it comes to the issue of whether Member States ‘should’ or ‘shall’
present proposed amendments to the Constitution to the Secretary-General ‘8’
of ‘6’ months in advance of the Plenipotentiary, he appears to be right. As
in Minneapolis, there are two distinct camps to this issue. The Arab States
Common proposal wants the more flexible wording that amendments ‘should’ be
submitted 8 months in advance to the Secretary-General. On the other side are
the Europeans and CITEL, who want a definitive ‘shall’.
The issue was resolved at PP-98 by including a footnote in the Constitution
‘encouraging’ Members States to submit their contributions ‘preferably’
8 months in advance. Morocco noted that developing countries have difficulty
meeting this deadline and if they don’t they are then at the mercy of trying
to amend someone else's proposal, most often that of a developed country. It
suggested that no other UN agency has such a strict submission policy. The US
disputed this, citing the policy of the Universal Postal Union.
Resolutions Approved by Committee 6
The New Partnership for Africa’s Development (NEPAD) receives
wholehearted support
Committee 6 endorsed a resolution on NEPAD — a new African
initiative based on a common vision and a firm and shared conviction of African
leaders, that they have a pressing duty to eradicate poverty in the continent
and to place their countries, both individually and collectively, on a path of
sustainable growth and development and thus halt the marginalization of the
continent in the globalization processes. NEPAD also defines the relationships
between Africa and the international community.
Already, NEPAD is providing a common African platform from
which to engage the international community in a dynamic partnership that holds
real prospects for creating a better life for all. It has been endorsed widely
by global and regional organizations, including the United Nations, the European
Union, the World Bank and the third ITU World Telecommunication Development
Conference (WTDC-02), held in Istanbul in March 2002. The resolution adopted
today is broader than that endorsed at WTDC-02 to engage ITU in the NEPAD
initiative.
Assistance to Yugoslavia, Bosnia and Herzegovina and Afghanistan
Committee 6 also approved draft resolutions calling on ITU and
its membership to provide assistance and support to: the Federal Republic of
Yugoslavia for rebuilding its public broadcasting and telecommunication systems;
Bosnia and Herzegovina for rebuilding its telecommunication network; and the
Government of Afghanistan for reconstructing its telecommunication system. The
financial implications will be worked out in the Committee later.
Decisions of WTDC-02
Presenting Document 34 on the decisions of the World
Telecommunication Development Conference (click here),
delegates were reminded to keep in mind the appropriations to be made available
by Council.
World Radiocommunication Conference Process
The European proposal to require that administrations include
some indication of the resource and financial implications of each proposed WRC
agenda item, was dubbed an excellent concept by some delegations. A drafting
group was set up under the leadership of Poland to reconcile the views expressed
in Committee 6 and develop the modus operandi given the position adopted by
developing countries. They expressed the view that it would be difficult to
implement such a concept without any clear guidelines or assistance. Other
modifications to Resolution 80 were approved (see proposal EUR/10/13 in this
document.
Rotating Council Seats
A recommendation by the Islamic Republic of Iran urging Member States to
voluntarily rotate Council seats on a regional or sub-regional basis was passed.
Spain thought the recommendation unnecessary as the principle of rotation is
already practised in some regions (e.g. the Nordic countries). New Zealand
suggested the Council elections last week demonstrated how difficult it
is for smaller administrations to find their way on to the Council, and supported
this ‘voluntary’ proposal.
Flexible Management
Australia made a valiant effort at consolidating a number of proposals that
highlighted the need for each ITU Sector to manage its internal structure and
working methods. Its document
suggests:
- Amending the Constitution and Convention to promote efficiency, innovation
and flexibility in the Standardization sector by allowing it to determine it
to determine its internal structure and working methods and procedures
through decisions of the World Telecommunication Standardization Assembly.
- Amending the Constitution in order to give the World Telecommunication
Standardization Assembly, the Radio Assembly and the World Telecommunication
Development Conference, the ability to determine working methods for matters
of a non-treaty nature.
A split developed between those supporting the need for flexibility to meet
the needs of industry and those concerned with eroding rights for Member States
when it comes to standardization. Venezuela was the most vocal proponent of the
latter, while Germany reminded delegates that ITU is contribution- driven and
needs to give flexibility to the
standardization process if it wants to continue to be attractive to industry. France,
Canada, UK, Japan, the Netherlands and Uganda all reinforced the need to move at
industrial speed or risk losing its relevance to competing standardization
bodies. However, Italy believes the proposal is not necessary as the Accelerated
Approval Process and work of Telecommunication Standardization Advisory Groups
is successfully addressing these concerns. Discussion will continue.
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