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Information Document 3-E
1 April 1997
English only

A. Preamble

1. The ITU World Telecommunication Policy Forum (WTPF) was established by Resolution No. 2 of the Kyoto Plenipotentiary Conference. Its purpose was to provide a forum where ITU Member States and Sector Members could discuss and exchange information on emerging telecommunication policy and regulatory matters. At the 1995 Session of the ITU Council, Resolution No. 1083 established that the WTPF would meet in Geneva in October 1996 to discuss "Global Mobile Personal Communications by Satellite" (GMPCS).

2. At that meeting, the WTPF supported the early introduction of GMPCS services by unanimously adopting Opinion No. 4 which outlined a global arrangement for the free circulation of GMPCS user terminals. Pursuant to Opinion No. 4, this GMPCS Arrangement is established for participation by administrations of ITU Member States, GMPCS System Operators, GMPCS Service Providers and manufacturers of GMPCS terminals. The global arrangement would be the basis for the introduction of GMPCS including 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) and placing terminals on the market. Under the provisions of this Arrangement, the participants will be able to cooperate in the development of GMPCS to the benefit of the international community.

B. Scope of this Arrangement

3. Recognizing the voluntary principles adopted by the WTPF as contained in Opinion No. 2, the relevant treaty provisions of the ITU legal instruments and other regional agreements or directives, and the work in this area carried out by regional telecommunication organizations, this Arrangement defines the conditions for the purpose of the introduction of GMPCS including the circulation of GMPCS terminals and placing the terminals on the market:

a) mutual recognition of the technical approval of GMPCS terminals;

b) mutual recognition of licensing of GMPCS terminals; and

c) the method of identification of GMPCS terminals which qualify under this Arrangement.

4. When implementing this Arrangement on a national level, Administrations are urged to ensure that relevant national telecommunication regulations and Customs requirements support the full realization of the goals of this Arrangement.

5. Mutual recognition of the conditions in this Arrangement constitute the basis for the circulation of GMPCS terminals and the placing of terminals on the market in those countries which are associated with this Arrangement.

6. Additionally, this Arrangement contains provision for access by duly authorized national authorities to the best available traffic data concerning traffic originated in or routed to its national territory.

7. Principle No. 3 of Opinion No.2 in the WTPF Report urges Administrations to maximize the competition in the provision of GMPCS services in order to realize the full potential of GMPCS. Administrations should take account of this when they are advising the ITU Secretary-General of the systems to which they will allow free circulation.

8. This Arrangement is structured in six Articles containing the provisions that are common and applicable to all GMPCS systems and associated terminals. Provisions and procedures which are unique to a particular GMPCS class or system and, additional provisions for the placement of GMPCS terminals in the market are in the Annexes to this Arrangement.

C. Definitions of Terms Used in the Arrangement

Unless otherwise indicated, the terms listed below shall have the following meanings:

10. Circulation - Permission to carry a GMPCS terminal into a visited country and use it without need for obtaining authorization in the visited country.

11. Licensing - The issuance of a license by the government of the country to which the GMPCS user is a resident, in conformity with the national regulations of that country and Article 24 of the ITU Radio Regulations.

12. Technical Approval - The authorization for a GMPCS terminal that is pursuant to a relevant global standard, preferably one established by the ITU, and with the prime purpose of giving assurance that the use of the device will not cause interference to other radio users.

13. GMPCS System - A mobile satellite system as defined in S1.111 [RR-105] and S1.125 [RR-27] of the Radio Regulations.

14. GMPCS Terminal - A mobile earth station as defined in S1.68 [RR-66] of the Radio Regulations.

15. GMPCS System Operator - The entity responsible for the operation of a type of GMPCS system set out in the Annexes to this Arrangement. The GMPCS System Operator, inter alia, is responsible for providing an authorized GMPCS Service Provider with access to the GMPCS system and for establishing a suitable commercial and operating arrangement with that national GMPCS Service Provider.

16. GMPCS Service Providers - The entity authorized by the Administration of a country to provide those GMPCS services to the public within that country. The GMPCS Service Providers would enter into a commercial and operating arrangement with a GMPCS System Operator.

D. The Arrangement

Article 1: Technical Approval of GMPCS Terminals

17. The Technical Approval of GMPCS terminals shall be pursuant to a relevant global standard. The global standards for particular GMPCS systems are contained in Annex 1. The issuance of the technical approval of a specific device will be confirmation that the operation of the device will not cause interference to other radio users. Technical Approval of a GMPCS terminal should be a minimum mandatory prerequisite for licensing.

18. Upon request by a participating Administration, a GMPCS system operator, national service provider, manufacturer or distributor shall provide test data conforming compliance with the relevant technical standard while taking account of paragraphs 19, 20 and 21.

19. National administrative procedures dealing with testing for technical approval shall be non-discriminatory among the various GMPCS systems and readily available for examination. Additional or unique technical approval requirements of an Administration, which are beyond those contained in the relevant global standard, may be required.

20. Administrations may accept test reports from manufacturers or distributors that confirm the technical conformance of the terminals with applicable global standards. Some Administrations may require that testing be conducted by a duly accredited testing laboratory.

21. Participating Administrations in this Arrangement shall accept without the need for additional information the technical approval of a particular GMPCS terminal that is given and notified by another participating Administration.

Article 2 : Licensing of GMPCS Terminals

22. An Administration, which authorizes a national GMPCS Service Provider for a GMPCS system listed in the Annex, shall include in its licensing requirements the provisions of this Arrangement. Only those terminals which as a minimum conform with the applicable technical standards may be licensed.

Article 3: Marking of Terminals that are Authorized under this Arrangement

23. Free circulation shall be allowed by participating Administrations for terminals

which have been licensed in accordance with this Arrangement by a participating Administration and which have an appropriate identification .

Article 4: Customs

24. Participating Administrations shall inform their Customs Officials concerning the identifying labels or certificates issued under this Arrangement so that authorized GMPCS terminals brought into the country on a temporary or transitory basis can pass their customs without undue delay or restriction. GMPCS terminals brought into a country under this Arrangement for placing terminals on the market shall be subject to the applicable customs, duty , and regulatory requirements of that country.

Article 5: Access to Traffic Data

25. Consistent with applicable national legislation in the country where GMPCS service is being provided, GMPCS national service providers shall provide, on a confidential basis, within a reasonable period of time to any duly authorized national authority which so requests, the best available traffic date originating in or routed to its national territory, and will assist with any measures intended to identify unauthorized traffic flows.

Article 6 - Review

26. The Signatories will periodically review this Arrangement and modify and update it as necessary

E. Implementation of the Arrangement

Section 1: Notification of National Implementation

27. Administrations which implement this Arrangement for one or more GMPCS systems in their national regulations should so notify the Secretary-General of the ITU. The ITU will keep the Registry of notifying Administrations and the GMPCS system(s) which they have authorized. Notification to the Registry will be the basis for mutual recognition by participating Administrations of the provisions of this arrangement relevant to free circulation of terminal. Inclusion of provisions dealing with placement of terminals on the market requires further development in accordance with paragraph 8.

28. Such notification may also be undertaken by regional bodies that are competent to make commitments on behalf of Member Administrations.

Section 2: Responsibilities of the GMPCS System Operators

29. Each GMPCS system which wishes to associate with this Arrangement shall advise the ITU Secretary-General that it will carry out all of the terms and conditions of this Arrangement.

Section 3: Withdrawal from the Arrangement

30. An Administration which decides to no longer participate in the Arrangement shall so inform the ITU Secretary-General. After such a notice, GMPCS terminals of other participating Administrations shall no longer qualify for free circulation into the territory of the Administration which has withdrawn. Similarly, GMPCS terminals licensed by the withdrawing Administration shall no longer qualify for free circulation in the territory of the other participating Administrations.

Section 4 : The Depository

31. The Secretary-General of the ITU shall be the depository of the Arrangement. Every [six months] and more often if necessary, the Secretary-General shall publish a list of participating Administrations and, for each Administration, list the GMPCS systems which are authorized in its territory.

1. This Annex applies to the NGSO GMPCS MSS systems which operate in the

1-3 GHz frequency band.

2. The Technical Approval of GMPCS devices in this frequency range shall be in accordance with ITU-R Recommendation [xyz].

3. (Additional unique features, if any, which related to these systems will be contained in this Annex.)