Informal Group

GMPCS-MoU

Geneva, 14 February 1997

Comments of Philippine Global Communications (PhilCom)
on the Memorandum of Understanding

We refer to your letter dated 13 November 1996 on draft Memorandum of Understanding to facilitate the free circulation of Global Mobile Personal Communications by Satellite user terminals.

We have reviewed said documents and our comments are as follows:

1 The draft Memorandum of Understanding (MoU) would facilitate the free circulation of Global Mobile Personal Communications by Satellite user terminals in three levels, namely:

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

b) permission to carry a terminal into a visited country and to use it without the need for obtaining authorization in the visited country;

c) technical conditions for placing terminals on the market.

We propose to include in the draft MoU the following phrases in level 2 of free circulation after the words visited country.

"in conformity with Principle 6 of Opinion 2 (Unauthorized use)".

We also propose to include the following statement after the second paragraph ending in the word reference.

"the free circulation shall be in conformity with the laws and policies of the country and should be limited to the GMPCS systems authorized in the visited country."

Reasons

1) To protect the licensed GMPCS operators in the visited country.

2) Only authorized and accredited subscribers/customers can utilize GMPCS systems.

3) To protect the national laws and regulations of the visited country.

2 The draft MoU also mentioned certain articles related to the GMPCS; our comments on these are as follows:

Article 1 Approval of Terminals

We propose to add the following phrases after the words ITU Recommendations:

"and the national regulations taking into consideration the GMPCS systems authorized in the visited country".

Reason

To harmonize the ITU Recommendation with the national regulation which considers authorized GMPCS system(s) and corresponding frequency allocation.

Article 2 Licensing of Terminals

We propose to delete the words "on general licences" after the word based on and replace them with the following words:

"certain guidelines or criteria to be formulated by each administration".

We also propose to delete the word general after the word these of the second sentence.

Reason

Each administration should avoid giving general or blanket licence as this is not yet well­defined.

Article 3 Marking of Terminals

No comment.

Article 4 Customs Arrangements

Comments

This is a general statement. The exemption from custom restriction must be specific.

If the approved terminals are to be placed in the market, they shall be subject to custom duties since they are intended for sale. If they will be used for GMPCS, the usage must be for a limited duration or on special events and for governmental use, otherwise, they shall be subject to custom duties.

Article 5 Review

No comment.

Article 6 Access to Traffic Data

We trust that our comments would be given due considerations.

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