We are very pleased to send you the comments of the Ministry of Posts and Telecommunications of Japan (MPT) in response to your letter of 13 November.
We are confident that the GMPCS-MoU annexed to Opinion 4 - the most significant achievement of the World Telecommunication Policy Forum that was held for three days from 21 October - will perform an effective function in the future in promoting the free circulation of GMPCS terminals.
We have studied the GMPCS-MoU from various aspects. We think it is desirable to revise some parts of the draft MoU and adopt a more flexible form. We believe this would enable many countries with different legal systems to accept the MoU. The proposed revisions are described in the attached sheet.
We assume that the Parties of the GMPCS-MoU will confirm in the future to cooperate with each other in making arrangements regarding the items stipulated in each article. As such, countries that support the intent of this MoU should put aside their differences concerning domestic legal systems and the form of the GMPCS-MoU should be made flexible enough to allow these countries to become the Parties to the MoU.
Some Japanese manufacturers vehemently insist that items concerning the disclosure of technical standards on the non-discriminatory basis should be incorporated into the GMPCS-MoU. In consideration of our experience with the GSM-MoU, these matters should be discussed.
MPT is of the opinion that the GMPCS-MoU is vital for promoting the free circulation of GMPCS terminals. In this respect, even if MPT does not directly participate in the MoU framework, it is determined to make the necessary efforts on an equal footing with countries that, for all practical purposes, directly participate in the framework set out in the MoU.
MPT is intent on participating in future arrangements developed
in accordance with this MoU in its capacity as a virtual participant
of its framework set up by the MoU.
Convinced of the need to reach regional, and preferably global, arrangements on issues related to the three levels of free circulation of user terminals 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 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 reach common recognition that the Parties should 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 will develop arrangements on the essential requirements necessary for the type approval of terminals, and the means by which such approvals will 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 of Terminals
The Parties will 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 should be drawn up and include the means by which these general licences will be mutually recognized.
Article 3 Marking of Terminals
The Parties will 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 Parties will develop recommendations to their competent authorities proposing exemption of approved terminals from customs restrictions when visiting or transiting countries.
Article 5 Review
The Parties will 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.
Article 6 Access to Traffic Data
The Parties will 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.
Done in Geneva:
[Date]
Signed: