Please find included herein our comments regarding the draft Memorandum of Understanding to facilitate the free circulation of Global Mobile Personal Communications by Satellite user terminals (GMPCS-MoU).
As proposed, the double-underlined paragraphs are added to reflect our views for an early introduction of GMPCS in the developing countries.
Convinced of the need to reach regional, and preferably global, arrangements on issues related to the three levels of free circulation of user terminal [equipment, including handsets], defined as follows:
- permission to carry a terminal into a visited country but not to use it;
- permission to carry a terminal into a visited country and to use it without the need for obtaining authorization in the visited country; and
- technical conditions for placing terminals on the market;
[that free circulation should be in conformity with the laws and policies of the country, and should be limited to the GMPCS systems authorized in the visited country];
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.
Subject to the sovereign rights of each State Party to regulate its telecommunications, 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 [equipment, including handsets], 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 without reference to performance or quality of service standards.
Article 2 Licensing Use of Terminals
The Parties shall develop arrangements on the general principles by which licences for user terminals 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.
Article 4 Customs Arrangements
The anticipated recommendations may prove fruitless. The custom policy in each country depends on the legal regime and general financial situation in the country. To exempt a particular commodity from customs imposts may prove more difficult than it appears to be. It may require disturbance of some municipal legislations and complex departmental action. Accordingly, it is requested to delete Article 4.
Article 5 Review
GMPCS-MoU does not provide for establishment of any executive body or organ such as an executive or steering committee to lead the action of the Parties. Hence, the following modification is proposed:
"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 this GMPCS-MoU. In order for MoU Parties to be able to make such review an appropriate executive body shall be elected by them to coordinate such activities. The Parties shall determine the number, term and functions of the body. "
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.
Article 7 Service Provision
"The Parties shall develop arrangement for licensing GMPCS service providers based on national regulations and policies where services of each particular GMPCS in a particular jurisdiction will be provided through a licensed national service provider(s) in that jurisdiction."
This article is designed to eliminate by-pass of national networks by GMPCS systems.
Done in Geneva: