Thank you very much for sending us the text of the draft Memorandum of Understanding (MoU) to facilitate the free circulation of Global Mobile Personal Communications by Satellite user terminals. I am pleased to comply with your request by submitting preliminary comments.
1 Re introduction of the MoU
Germany advocates that the wording contained in Opinion 4 under considering - letter d) also be incorporated in the MoU as follows below the three indents:
"and that free circulation shall be in conformity with the laws and policies of the country, and shall be limited to the GMPCS systems authorized in the visited country."
This is intended to make clear that, in many countries, use of the terminals is only legitimate when, in addition to the terminals having been approved/licensed, frequency assignment and state authorization/licence for the transmission path have been granted for provision of the service.
2 Re Article 1 of the MoU
Germany proposes the following amendments:
a) extending the heading: "Placing on the market, including type approval of terminals";
b) more detailed description of the "essential requirements" in the first line by adding the following in brackets "(safety, electromagnetic compatibility, harmful interference, efficient use of frequencies)";
c) replacing the words "type approval of terminals" in the second line by "type approval and placing on the market of terminals";
d) adding to "the relevant ITU Recommendations" in the fourth line the words "mutually adopted by the relevant authorities as the basis for mutual recognition of type approval".
Re a), b) and c)
A precondition in many countries for placing terminals on the market/approving terminals is conformity with legal requirements regarding elements such as listed under b) (essential requirements).
Germany considers it necessary to clarify that the type approval standards derive from the same basis (ITU Recommendation, identical option, if given) and must be mutually recognized by the countries concerned so that the results of type approval can likewise be mutually recognized.
3 Re Article 2
Germany proposes replacing the wording at the end of the second sentence "means by which these general licences shall be mutually recognized" by the words "means by which the use of terminals in the respective countries can be assured, provided that all other conditions for the legal use of the service are met".
See rationale re 1.
Germany attaches great importance to the follow-up activities
of this year's ITU Policy Forum for the global spread of satellite
PCS. I therefore hope that a German government representative
will be able to participate in the work of the "informal
group" on improving the GMPCS Memorandum of Understanding.