Informal Group

GMPCS-MoU

Geneva, 14 February 1997

Comments of the Ministry of Posts and Telecommunications (China)
on the Memorandum of Understanding

With reference to Circular SPU/EA/KB/ml dated 13 November concerning the draft MoU aiming to facilitate the free circulation of Global Mobile Personal Communications by Satellite user terminals in the annex of Opinion 4 of WTPF, attached please find the opinions toward this issue of the Chinese Administration.

DRAFT

Memorandum of Understanding
to facilitate the free circulation of
Global Mobile Personal Communications by Satellite user terminals
(GMPCS-MoU)

In view of:

- the sovereign right of each country to regulate its telecommunication;*

- the full awareness by the Members of the International Telecommunication Union (ITU) and Parties to this MoU that the provision of GMPCS services shall comply with the Constitution, Convention and Administrative Rules of ITU;

- the full awareness by the Members of the International Telecommunication Union (ITU) and Parties to this MoU of the sovereign right of each country to regulate its telecommunication stipulated in the Constitution of ITU, which is applicable to GMPCS just as it is applicable to other telecommunications systems and services;

- the full awareness by the Members of the International Telecommunication Union (ITU) and Parties to this MoU that the telecommunications services provided within or by the countries shall obtain approval from the country concerned;

- the full awareness by the Members of the International Telecommunication Union (ITU) and Parties to this MoU that GMPCS, which involves the sovereign right and security of telecommunications of each country, shall be strictly regulated to safeguard the national interest;

- the full awareness by the Members of the International Telecommunication Union (ITU) and Parties to this MoU that in the process of exercising their own sovereign right under the prerequisite of the national legislation and priorities of the countries, special attention shall be paid to the national security, the data protection, the information security as well as the privacy;

- the full awareness by the Members of the International Telecommunication Union (ITU) and Parties to this MoU that the national regulators of telecommunications shall see to it that GMPCS services will be regulated as necessary in terms of service licensing, gateway authorization, interconnection arrangements and user terminals;

- the full awareness by the Members of the International Telecommunication Union (ITU) and Parties to this MoU that measures shall be taken by all the system operators that the system be prohibited from operation in the countries where GMPCS services are not authorized;

- the full awareness by the Members of the International Telecommunication Union (ITU) and Parties to this MoU that it is not possible for a country to open itself to all the GMPCS systems and that it can only select certain systems, which comply with their own national conditions, for use in its own country. The free circulation addressed in this MoU shall conform to the laws and policies of the visited country and shall be limited to the GMPCS system authorized by the visited country;

- permission to carry a terminal into a visited country but not to use it;

- users of non-roaming services shall be permitted to carry a terminal into a visited country, the use of which shall be possible only when the authorization is obtained in the visited country;

- users of roaming services shall be permitted to carry a terminal into a visited country and to use it without the need for obtaining authorization in the visited country;

- technical conditions for placing terminals on the market.

The Parties to this MoU are convinced of the need to reach regional, and preferable global, arrangements on issues related to the four levels of free circulation of user terminals defined as above, that such arrangements would necessarily include the conditions pursuant to which administrations would grant mutual recognition of type approval of terminals, mutual recognition of terminal licensing, recognize the marking of terminals, and permit terminals to be placed on the market; and that such arrangements could form the basis of national regulations on these matters, or be implemented by reference. The Parties to this Memorandum of Understanding hereby agree to cooperate, according to their respective roles and competencies and taking into account the voluntary principles for GMPCS adopted by WTPF-96 on the following issues:

Article 1 Type Approval of Terminals

The Parties shall develop arrangements on the essential requirements necessary for the type approval of terminals, and the means by which such approvals shall be mutually recognized. That the type approval standards should be based on the relevant ITU Recommendations, and should be impartial with respect to all GMPCS technologies, and type approval shall be granted in accordance with the above­mentioned four levels by the telecommunications authorities or the designated agencies by the relevant administrations of various countries, taking into account of the quality and performance of the service standards and based on fair and equitable principles and mutually recognized criteria, actual national conditions and autonomous tests.

Article 2 Licensing of Terminals

The issuing of the general licences shall be based on the fair and equitable principles and the prerequisite that the corresponding type of terminal has gone through and passed the independent tests in all the countries. The Parties shall develop arrangements on the means by which licences should be granted based on general licences (e.g. class licences or blanket approvals). That such arrangements shall be drawn up and include the means by which these general licences shall be mutually recognized.

Article 3 Marking of Terminals

The Parties shall develop arrangements on the marking of terminals which will permit their recognition and the implementation of the arrangements on mutual recognition of type approval and licensing, and the recognition shall be established on the basis of Articles 1 and 2.

Article 4 Customs Arrangements

The Parties shall develop recommendations to their competent authorities proposing exemption of approved terminals from customs restrictions when visiting or transiting countries.

Article 5 Review

The Parties shall periodically review the results and consequences of their cooperation under this Memorandum of Understanding. When appropriate the Parties will consider the need for improvements in their cooperation and make suitable proposals for modifying and updating the arrangements and the scope of the GMPCS-MoU.

Article 6 Access to Traffic Data

The Parties shall develop arrangements for GMPCS operators to provide, on a confidential basis, within a reasonable period of time to any duly authorized national authority which so requests, the best available traffic data concerning traffic originating in or routed to its national territory, and to assist it with any measures intended to identify unauthorized traffic flows therein.

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