Memorandum of Understanding-GMPCS
(Geneva, 17-18 July 1997)

_________________________________________

Working Document 5-E
21 July 1997
Original: English

ARRANGEMENTS PURSUANT TO THE GMPCS MoU TO FACILITATE THE INTRODUCTION AND DEVELOPMENT OF GLOBAL MOBILE PERSONAL COMMUNICATIONS BY SATELLITE (GMPCS)

(As agreed at the Second Meeting of Signatories and Potential Signatories of the
GMPCS-MoU, Geneva, 17-18 July 1997)

INTRODUCTION

On 21-23 October 1996, the first ITU World Telecommunication Policy Forum (WTPF) met in Geneva to discuss "Global Mobile Personal Communications by Satellite" (GMPCS). That meeting was attended by 833 delegates, representing 128 Member States and 70 Sector Members. At that meeting, the WTPF engaged in a general discussion of the policy and regulatory issues raised by the early introduction of GMPCS services. By consensus, the WTPF adopted five Opinions, which are reflected in the Report by the Chairman of the WTPF (Final Report dated 22 December 1996).

Opinion No. 2 of the first WTPF called for Administrations to facilitate the early introduction of GMPCS services and to cooperate internationally in developing and harmonizing policies to facilitate the introduction of GMPCS. Opinion 2 also recognized that GMPCS System Operators will take steps to inhibit the use of their systems in any country that has not authorized their GMPCS service.

Opinion No. 4 adopted by the WTPF recognized that, because some GMPCS systems are already in operation and others will be brought into operation as early as 1998, urgent action is needed to facilitate the global circulation and transborder roaming of terminals. Opinion No. 4 also recognized that the early introduction of GMPCS services will be facilitated by a commonly agreed upon GMPCS Memorandum of Understanding (MoU) to be used as a framework for arrangements to facilitate the global circulation and transborder roaming of GMPCS terminals.

On 14 February 1997, pursuant to Opinion No. 4, an informal group of Administrations, GMPCS operators, service providers, and manufacturers met and finalized the GMPCS­MoU.

PREAMBLE

The GMPCS Arrangements that follow have been developed, pursuant to Opinion No. 4 and the related GMPCS MoU, by Administrations and/or Competent Authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and manufacturers of GMPCS terminals. The objective of these global Arrangements is to provide a framework for the introduction of GMPCS, including: (1) the permission to carry a terminal into a visited country and to use it, within the framework of a licensing scheme (i.e. without the need for obtaining individual authorization for the terminal in the visited country); (2) the permission to carry the terminal into a visited country but not to use it; and (3) the technical conditions for placing terminals on the market. Under the provisions of these Arrangements, the participants will be able to cooperate in the development of GMPCS to the benefit of users worldwide. This benefit will be fully realized when a significant number of Administrations and/or Competent Authorities offer necessary authorization for service provision and access to spectrum.

SCOPE OF THESE ARRANGEMENTS

1. The sovereign right of each Administration and/or Competent Authority to regulate its telecommunications, as reflected in the Constitution and Convention of the ITU, is not altered or affected by these Arrangements.

2. All Administrations and/or Competent Authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers are invited to implement these Arrangements. Implementation of these Arrangements or any of their provisions is voluntary.

3. It is the intention and understanding of all parties implementing these Arrangements that the Arrangements are consistent with and in furtherance of the GMPCS-MoU, the voluntary principles adopted by the WTPF as contained in Opinion No. 2, and the relevant treaty provisions of the ITU legal instruments.

4. These Arrangements define significant conditions for:

a) Facilitation of mutual recognition of type approvals of GMPCS Terminals;

b) A simplified regime for the licensing of GMPCS Terminals;

  1. A method of identification (marking) of GMPCS Terminals;

d) Access to traffic data by authorized national authorities.

5. Pursuant to Article 4 of the GMPCS-MoU, a Recommendation on the principles for customs procedures to facilitate unrestricted transborder movement of GMPCS terminals is also included.

DEFINITIONS

Unless otherwise indicated, the terms listed below will have the following meanings for purposes of the Arrangements and Recommendations herein:

1. Administration - Any governmental department or service responsible for implementing these arrangements.

2. Circulation - Ability to carry a GMPCS Terminal into a visited country. In these Arrangements, circulation includes:

a. Permission to carry a terminal into a visited country and to use it within the framework of a licensing scheme (i.e., without the need for obtaining individual authorization for the terminal in the visited country); and

  1. Permission to carry a terminal into a visited country but not to use it.

3. Competent Authority - Any organization competent for regulatory issues addressed in these Arrangements.

4. Constellation of satellites - One or more satellites, geostationary or non-geostationary, operated as a system.

5. GMPCS Service Provider - Any entity commissioned by a GMPCS System Operator to provide GMPCS services to the public within a country and which may require an authorization to do so under the applicable legislation of the country concerned.

6. GMPCS System Operator - The entity responsible for the operation of a GMPCS System.

7. GMPCS System - Any satellite system (i.e., fixed or mobile, broadband or narrowband, global or regional, existing or planned) providing telecommunication services directly to end users from a constellation of satellites.

8. GMPCS Terminal - A user terminal intended to be operated with a GMPCS System.

  1. License - The authorization to carry and use a GMPCS Terminal. According to the national regime, the license can be any of the following:
    1. An individual license, whereby each terminal is issued a separate authorization;
    2. A general license or class license, whereby one generic authorization is issued, which applies to all users and terminals of a given category;
    3. A license exemption, whereby there is an exemption from requiring an individual license for each terminal;
    4. A blanket license, whereby an operator or service provider is authorized to use a certain number of technically identical terminals.

10. Licensing - The issuance of a license or other authorization by an Administration and/or Competent Authority in conformity with the national laws and regulations of that country and the ITU Radio Regulations.

11. Sector Member - An entity or organization authorized to participate in the work of one or more Sector(s) of the ITU in conformity with the relevant provisions of the ITU Convention.

12. Type Approval - The process through which the conformity of GMPCS Terminals with regulatory technical requirements is assessed. These technical requirements are mainly intended to ensure that GMPCS Terminals do not harm networks, GMPCS users, other users, or other equipment. A variety of procedures (ranging from obligatory third party testing to manufacturer's declaration) may be in place.

ARRANGEMENTS

The Administrations and/or Competent Authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers implementing these Arrangements understand and recognize that:

1. A variety of GMPCS Systems are at different stages of development and implementation, including some already in service.

2. GMPCS Systems provide or will provide global and/or regional coverage.

3. GMPCS Systems will typically be characterized by the use of system-specific GMPCS Terminals, manufactured by GMPCS Terminal Manufacturers and designed to be operated around the world with specific GMPCS Systems.

4. The bringing into operation of new GMPCS Systems is subject to satisfactory progress of frequency coordination in accordance with the procedures established by the ITU Radio Regulations.

5. The use of the spectrum for GMPCS Systems will be in accordance with the allocations of the ITU Radio Regulations and will be assigned by Administrations and/or Competent Authorities for GMPCS Terminals used with GMPCS Systems.

6. Because Administrations and/or Competent Authorities have various type approval procedures under differing legal regimes, it will not be possible to arrive at a single procedure in the short term; however, it is desirable for Administrations and/or Competent Authorities to mutually recognize type approval and marking procedures for GMPCS Terminals.

7. It is desirable for Administrations and/or Competent Authorities to continue to strive for a single procedure for type approval.

8. The exemption of GMPCS Terminals from a requirement for an individual license facilitates regional and global circulation and transborder roaming.

9. Agreements between GMPCS System Operators, GMPCS Service Providers, and Administrations and/or Competent Authorities will likely specify data exchange requirements in order to service customers properly and to comply with Administrations' regulatory requirements.

10. Existing and planned GMPCS Systems will vary technically in the level of detail of information captured by the System.

11. GMPCS System Operators and GMPCS Service Providers are subject to the national laws and regulations in each country in which GMPCS Services are being provided.

12. Customer specific information must be protected by GMPCS System Operators and GMPCS Service Providers as highly private and confidential information.

13. Each GMPCS System Operator shall take steps to inhibit the use of its system in any country that has not authorized its GMPCS service.

14. GMPCS Terminals brought into a country to be placed on the market will be subject to applicable customs duties, if any, and the technical and regulatory requirements of that country.

1. Type Approval and Marking of GMPCS Terminals
(GMPCS MoU Articles 1 and 3)

The Administrations and/or Competent Authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers implementing these Arrangements agree that:

1. GMPCS Terminals may be required to meet the following requirements (hereinafter referred to as "essential requirements"):

a) Safety;

b) Electromagnetic compatibility (EMC); and

c) Effective use of the radio spectrum and orbital resources, including electromagnetic interference (EMI).

2. Compliance with the above essential requirements may be demonstrated, at the discretion of the relevant Administration and/or Competent Authority, by conformity to appropriate ITU­R Recommendations, international, regional, or national standards, or technical specifications. Manufacturers may, at the discretion of the relevant Administration and/or Competent Authority, be allowed to demonstrate compliance by other means.

  1. National administrative procedures for type approval will be publicly available, non-discriminatory, and consistent with the objectives of these Arrangements. It is recommended that Administrations and/or Competent Authorities consider whether compliance can be demonstrated through a declaration from the GMPCS Terminal Manufacturer without additional procedures.
  2. An Administration and/or Competent Authority that has issued type approval pursuant to these Arrangements for a class of GMPCS Terminals is encouraged to notify the ITU, upon the request of the GMPCS Terminal Manufacturer, specifying:

    a. Name of the Administration and/or Competent Authority;
    b. Name of GMPCS Equipment Manufacturer;
    c. Name of GMPCS System Operator;
    d. Model number(s) or similar identifying information of GMPCS Terminal(s); and
    e. The date type approval was granted.

Administrations and/or Competent Authorities are also encouraged to submit to the ITU copies of the standards, specifications, and/or procedures used for type approval.

5. Upon request by a GMPCS Terminal Manufacturer, an Administration and/or Competent Authority that has notified the ITU that it has implemented these Arrangements and that it has issued type approval for a class of GMPCS Terminals pursuant to these Arrangements will authorize a GMPCS Terminal Manufacturer to affix the "GMPCS MoU" mark to each GMPCS Terminal that is identical to the unit that was type approved (and will promptly so notify the ITU, including the information listed in 4 (a)-(e) immediately above), if the following conditions are met:

a. The Operator of the GMPCS System with which the subject GMPCS Terminal is to be used has notified the ITU that it has implemented these Arrangements and that it has authorized the subject GMPCS Terminal for connection to its GMPCS System; and

b. The GMPCS Terminal Manufacturer has notified the ITU that it has implemented these Arrangements.

6. Administrations and/or Competent Authorities may accept the type approval granted by other Administrations and/or Competent Authorities (through Mutual Recognition Agreements or other reciprocal arrangements, or by recognition and acceptance of the GMPCS MoU mark or any other mark evidencing type approval) without the need for additional testing or the submission of test reports. Administrations and/or Competent Authorities are encouraged to accept, whenever possible, existing test reports.

7. Administrations and/or Competent Authorities should continue to pursue negotiations on recognition and/or harmonization of type approval regimes to facilitate the objectives of these Arrangements.

8. The GMPCS MoU mark will be approximately 1 cm high by 1 cm wide and will include the words "GMPCS MoU" and the name of the GMPCS System for which the GMPCS Terminal's use has been authorized. The mark shall be affixed indelibly on the GMPCS Terminal in such a way that it cannot be removed and placed on other equipment.

2. Licensing
(GMPCS MoU Article 2)

The Administrations and/or Competent Authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers implementing these Arrangements agree that:

1. Administrations and/or Competent Authorities that have implemented these Arrangements are urged not to require individual licenses for GMPCS Terminals, provided that:

a) these terminals operate within the frequency bands identified for such use by the Administration and/or Competent Authority in question;

b) the GMPCS System, with which the GMPCS Terminals operate, has been legally authorized to provide service, if required, pursuant to national laws and/or regulations;

c) the transmissions from the GMPCS Terminals are under the operational control of the GMPCS System Operator and/or the GMPCS Service Provider;

d) the GMPCS Terminals meet the relevant essential requirements in these Arrangements; and

e) necessary measures are taken to avoid harmful interference between services.

2. Administrations and/or Competent Authorities will have to consider the need to cooperate in the development of GMPCS to the benefit of all users and to offer authorization of service provision and access to frequency spectrum, subject to national laws and regulations.

3. Administrations and/or Competent Authorities implementing these Arrangements are urged to allow the circulation and use of GMPCS Terminals, either single mode or multimode, provided that the GMPCS Terminals have been demonstrated to meet the essential requirements in these Arrangements, as may be indicated by the presence of the GMPCS­MoU mark or another recognized mark.

4. Circulation of GMPCS Terminals (either single mode or multimode) on a temporary or transitory basis without permission to use will be allowed, by Administrations and/or Competent Authorities that have implemented these Arrangements, for all GMPCS systems not meeting the requirements set forth in these Arrangements.

5. Administrations and/or Competent Authorities implementing these Arrangements may, consistent with these Arrangements, issue blanket or class licenses for GMPCS Terminals or may exempt the GMPCS Terminals from licensing.

3. Access to Traffic Data
(GMPCS MoU Article 5)

The Administrations and/or other Competent Authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers implementing these Arrangements agree:

1. Consistent with applicable national legislation in the country where GMPCS service has been authorized, and recognizing technical differences between systems existing and planned, GMPCS system operators or service providers:

a) will provide to Administrations and/or Competent Authorities implementing these Arrangements, on a confidential basis, within a reasonable period of time to any authorized national authority which so requests, the agreed GMPCS traffic data originating in or routed to its national territory; and

b) will assist with measures intended to identify unauthorized traffic flows.

2. Under these Arrangements, all future designed GMPCS systems should be structured to provide appropriate traffic data.

3. Agreements between Administrations and/or Competent Authorities and GMPCS System Operators and/or GMPCS Service Providers are unaffected by these Arrangements.

4. Traffic data to be provided pursuant to these Arrangements does not include confidential customer information subject to the national laws and regulations in each country in which GMPCS services are being provided.

RECOMMENDATIONS
(GMPCS MoU Article 4)

The Administrations and/or other Competent Authorities, implementing these Arrangements agree to recommend to their competent national authorities the following:

1. Duties on GMPCS Terminals placed on the market should be reduced, in particular by signing instruments such as the Information Technology Agreement.

2. GMPCS Terminals should be exempt from customs-related restrictions and fees when visiting or transiting countries on a temporary basis.

3. Administrations and/or other Competent Authorities, as well as the ITU Secretariat, if appropriate, should work with the World Customs Organization to ensure that GMPCS Terminals are entitled to treatment as a traveler's personal effects for purposes of entry into a country on a temporary or transitory basis.

4. Administrations and/or Competent Authorities should undertake, within the framework of their national laws, regulations, and international obligations, to bring their legal and regulatory procedures in line with the provisions of the Istanbul Convention on Temporary Admission, and other relevant internationally recognized agreements.

5. Administrations and/or Competent Authorities should take all practicable measures to bring to the attention of customs officials the need to permit the temporary or transitory entry into their countries of GMPCS Terminals without unnecessary or unduly burdensome restrictions.

NOTIFICATION AND IMPLEMENTATION PROCEDURES

1. The ITU Secretary-General will write to all Administrations and/or Competent Authorities, Sector Members, Signatories to the GMPCS MoU, and all non-signatories that have been participating in the development of these Arrangements inviting them to commit to implement these Arrangements.

2. Administrations and/or Competent Authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers intending to implement these Arrangements should write to the ITU Secretary-General at the earliest possible date, indicating their willingness to comply with these Arrangements and the date by which the Arrangements are planned to be implemented. Upon implementation of the Arrangements, Administrations and/or Competent Authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers that have implemented these Arrangements will write to the ITU Secretary­General, indicating how these Arrangements have been implemented.

a) Administrations and/or Competent Authorities intending to comply with these Arrangements on a national level are urged to ensure that relevant national telecommunications regulations and customs requirements support the full realization of the goals of these Arrangements.

b) Administrations and/or Competent Authorities should inform the Secretary­General of the specific GMPCS Systems that are authorized to operate in the country.

c) Regional and sub-regional bodies that are competent to make commitments on behalf of multiple Administrations and/or Competent Authorities may also inform the Secretary­General of how these Arrangements have been implemented.

d) GMPCS System Operators that implement these Arrangements should inform the Secretary-General initially and thereafter which GMPCS Terminals are authorized for connection to their systems and which GMPCS Service Providers are authorized by them.

e) Administrations and/or Competent Authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers should inform the Secretary-General of any provisions of these Arrangements they do not intend to implement.

3. The Secretary-General of the ITU will be the depository of these Arrangements and will make information about the Arrangements readily available to all Administrations and/or Competent Authorities, all Sector Members, all GMPCS System Operators, all GMPCS Service Providers, and all GMPCS Terminal Manufacturers. The ITU will also maintain a list of standards and specifications that are used for type approval.

4. The Secretary-General will periodically publish, including electronically, a report on the implementation of these Arrangements, which will include: a list of all entities that have implemented the Arrangements, or any part thereof; the GMPCS Systems that are authorized in each country; a list of the GMPCS Terminals that have been granted approval pursuant to these Arrangements indicating the countries that have granted type approval; and such other information as may be requested by the Signatories to the MoU and/or the entities that have notified the ITU that they have implemented these Arrangements.

5. Some of the provisions in these Arrangements will require action and ongoing activities by the ITU. The entities implementing these Arrangements will work with the ITU to ensure that the ITU has the capability, authority, and resources to perform the functions it is expected to perform pursuant to these Arrangements.