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

PREAMBLE

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 Competent authorities, GMPCS operators, service providers, and manufacturers met and finalized the GMPCS - MoU.

The GMPCS Arrangements that follow have been developed, pursuant to Opinion No. 4, by 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, where the associated GMPCS System has been licensed or authorized, if required, 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 without using it, where the associated GMPCS System has not been authorized in the visited country; and (3) the 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 can only be fully realised with the authorisation of service provision and access to frequency spectrum, harmonised on preferably a global basis, or on a regional basis, as required for a given GMPCS system. If a significant number of administrations fail to offer necessary authorisation for service provision and access to spectrum, the primary objective of the arrangements will not be fully realised.

SCOPE OF THESE ARRANGEMENTS

1. Competent authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers are invited to implement theArrangements, which are addressed to them. The Arrangements are not binding and their implementation is therefore voluntary.
2. It is the intention and understanding of all parties implementing these Arrangements that the Arrangements are consistent with and in furtherance of the voluntary principles adopted by the WTPF as contained in Opinion No.2, the relevant treaty provisions of the ITU legal instruments, other treaties, regional agreements, directives, and the work in this area carried out by regional telecommunication organizations.
3. The sovereign right of each Administration to regulate its telecommunications, as reflected in the Constitution and Convention of the ITU, is not altered or affected by these Arrangements.
4. These Arrangements define the conditions for the introduction of GMPCS, including the global circulation and transborder roaming of GMPCS Terminals and the conditions for placing the terminals on the market.
5. These Arrangements provide for:
   1. Facilitation of mutual recognition of type approvals of GMPCS Terminals;
   2. A simplified regime for the licensing of GMPCS Terminals; and
   3. An optional method of identification (marking) of GMPCS Terminals.

6. These Arrangements also include a commitment, pursuant to Article 5 of the GMPCS­MoU, by which GMPCS System Operators will provide to Administrations that have implemented these Arrangements, on a confidential basis, within a reasonable period of time to any duly authorized authority that so requests, appropriate data concerning traffic originating in or routed to its territory, and to assist it with any measures intended to identify unauthorized traffic flows therein.

7. Also, pursuant to Article 4 of the GMPCS-MoU, these Arrangements contain a commitment by parties implementing these Arrangements to make recommendations to their relevant competent authorities on customs matters.

DEFINITIONS

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

1. Competent authority - Any organisation competent for regulatory issues addressed in these arrangements (e.g. Administration, supra-national authority).
2. Circulation - Ability to carry a GMPCS Terminal into a visited country without the need for obtaining authorization for use of that terminal in the 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

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

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

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

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

6. 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.

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

8. ITU Sector Member - <definition from ITU convention to be included>

9. Licensing - The issuance of a license or other authorization by a Competent authority in conformity with the national laws and regulations of that country and the ITU Radio Regulations.

10. 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, other users, or other equipment; and a variety of procedures (ranging from obligatory third party testing to manufacturer's declaration) may be in place. Compliance with these requirements may be imposed in order to allow a product to be legally placed on the market or to allow it to be legally used when temporarily admitted in a country, when the system within which it operates is allowed to offer service in that country. Authorities may accept type approvals from other countries for products to be sold and/or used.

ARRANGEMENTS

Mutual Understandings

Participants of 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. The GMPCS Systems provide or will provide global and/or regional coverage.
3. GMPCS Systems will be characterised by the use of system specific GMPCS Terminals, produced by GMPCS Terminal Manufacturers.
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 ITU Radio Regulations and will be assigned by Competent authorities providing for necessary harmonisation on a global or regional basis as required by the GMPCS systems.
6. It is desirable for Competent authorities to harmonize type approval regimes for GMPCS Terminals. Harmonised marking of terminals may be useful.
7. Competent authorities have various type approval regimes under differing legal bases which in the short term will be very difficult to reconcile and that therefore it will not be possible in the short term to arrive at a single procedure through which equipment can be approved globally.
8. It is however desirable for Competent authorities to continue to strive for such a single procedure in the context of this MoU or in other fora.
9. The exemption of GMPCS Terminals from a requirement for an individual license facilitates global circulation and transborder roaming.
10. Agreements between GMPCS System Operators, GMPCS Service Providers, and Competent authorities will likely specify data exchange requirements to service customers properly and to comply with Competent authorities' regulatory requirements.
11. Existing and planned GMPCS Systems technically will vary in the level of detail of information captured by the System.
12. Customer specific information must be protected by GMPCS System Operators and GMPCS Service Providers as highly private and confidential information.
13. 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.

Mutual Undertakings

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

Recognizing the foregoing, the Competent authorities and GMPCS terminal manufacturers implementing this Arrangement agree that:

1.

"Essential requirements" should form the basis for type approval of GMPCS Equipment. Essential requirements specific to this class of equipment are::

1. Electrical and user safety (EME electromagnetic exposure???);
2. Electromagnetic compatibility (EMC); and
3. Effective use of the radio spectrum and orbital resources, including electromagnetic interference (EMI).

1. Compliance with the above essential requirements may be demonstrated by conformity to appropriate international, regional or national standards or technical specifications but that manufacturers should also be allowed to demonstrate compliance via other means. The ITU will maintain a list of standards and specifications, which are used for type approval.

1. Type approval procedures via which compliance is to be demonstrated should be proportionate in accordance with the principles of the WTO. Competent authorities are recommended to consider whether compliance can be demonstrated through a declaration from the manufacturer without additional procedures;
2. National administrative procedures dealing with type approval will be publicly available and will be non-discriminatory.
4. Where a competent authority, which is a signatory to this arrangement has assessed that equipment meets the essential requirements, this equipment may be marked with the following informative mark:

The minimum dimensions of the mark shall not be less than 1 cm high by 1 cm wide, and shall be marked indelibly on the equipment in such a way that it cannot be removed and placed on another equipment."

No rights to place equipment on any market can be derived from this mark and it should not be confused with markings based on applicable national laws.

1. Manufacturers may request competent authorities to notify to the ITU of products, which they have type approved. The ITU will store this information in a database, which can be publicly consulted.
   2. Competent authorities may accept the type approval granted by other authorities without the need for additional testing or the submission of test reports and are encouraged to accept, whenever possible existing test reports. Such acceptance could be based on Mutual Recognition Agreements on conformity assessment, such as those concluded within the context of the WTO. Such acceptance may be subject to reciprocal arrangements.
   3. Competent authorities should continue to pursue negotiations on harmonisation of type approval regimes to remove any remaining administrative barriers in the context of this MoU or other appropriate fora.

2. On Licensing (GMPCS MoU Article 2)

Recognizing the foregoing, the Competent authorities agree that:

1. Competent authorities that have implemented these Arrangements will not require individual licenses for GMPCS Terminals, provided that:

1. These terminals operate within the frequency bands identified for such use by the Authority in question;
2. The provision of the GMPCS service, with which the GMPCS Terminals operate, is legal;
3. The transmissions from the GMPCS Terminals are under the control of the GMPCS System Operator and/or the GMPCS Service Provider;

1. The GMPCS Terminals meet the relevant essential requirements in these Arrangements; and necessary measures are taken to minimise harmful interference with other services.

1. Administrations will have to consider the need to co-operate in the development of GMPCS to the benefit of all users and to offer authorisation of service provision and access to frequency spectrum, subject to national law.
   1. Competent authorities implementing these Arrangements will allow the circulation and use of GMPCS Terminals, either single mode or multimode, provided that the GMPCS Terminals meet the requirements set forth in this Arrangement.
   2. Circulation on a temporary or transitory basis without permission to use will be allowed, by each Administration that has implemented these Arrangements, for all GMPCS Terminals (either single mode or multimode) not meeting the requirements set forth in this Arrangement.
   3. 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. On Access to Traffic Data (GMPCS MoU Article 5)

Recognizing the foregoing, the Competent authorities, GMPCS System Operators and GMPCS Service Providers implementing this Arrangement agree that:

1. Consistent with applicable national legislation in the country where GMPCS service has been authorised GMPCS system operators or service providers and:
   1. will provide where possible to Competent authorities which so requests implementing these Arrangements, on a confidential basis and to be treated as such by the Competent authorities, within a reasonable period of time, appropriate GMPCS traffic data originating in or routed to its national territory; and
   2. will assist with any measures intended to identify unauthorised traffic flows;

1. Under this Arrangement, where possible GMPCS Systems will be structured to provide appropriate trafficdata. Appropriate GMPCS traffic data is that required to enable traffic accounting to take place and does not include confidential customer information.

1. Agreements between Competent authorities and GMPCS System Operators and/or GMPCS Service Providers are unaffected by this Arrangement.

RECOMMENDATIONS (GMPCS MoU Article 4)

Recognizing the foregoing, the Competent authorities, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers implementing these Arrangements agree to recommend to their competent national authorities responsible for customs issues the following:

1. 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. Countries will be encouraged to reduce duties on GMPCS Terminals placed on the market, in particular by signing instruments such as the Information Technology Agreement.
2. GMPCS Terminals should be exempt from customs restrictions and other fees when visiting or transiting countries on a temporary basis.
3. Competent authorities, GMPCS Systems Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers, 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. 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. Competent authorities should take all practicable measures to educate customs officials on 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 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. 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, Competent authorities, ITU Sector Members, GMPCS System Operators and GMPCS Service Providers that have implemented these Arrangements should write to the ITU Secretary-General, indicating how these Arrangements are implemented in the national regulations.

1. Competent authorities that intend 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.
2. Competent authorities may inform the Secretary­General of the specific GMPCS Systems that are authorized to operate in the country.

3. The Secretary-General of the ITU will be the depository of these Arrangements and will make information about the Arrangements readily available to the public.

4. The Secretary-General will electronically publish the information he is supplied with under these arrangements and periodically verify its accuracy.

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.