Memorandum of Understanding-GMPCS (Geneva, 17-18 July 1997)
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CONTRIBUTION OF THE UNITED STATES OF AMERICA ARRANGEMENTS PURSUANT TO THE GMPCS MoU TO FACILITATE THE INTRODUCTION AND DEVELOPMENT OF GLOBAL MOBILE PERSONAL COMMUNICATIONS BY SATELLITE (GMPCS)
INTRODUCTION On 21­23 October 1996, the first ITU World Telecommunication Policy Forum (WTPF) met in Geneva to discuss Global Mobile Personal Communications by Satellite (GMPCS). That meeting was attended by 833 delegates, representing 128 Member States and 70 Sector Members. At that meeting, the WTPF engaged in a general discussion of the policy and regulatory issues raised by the early introduction of GMPCS services. By consensus, the WTPF adopted five Opinions, which are reflected in the Report by the Chairman of the WTPF (Final Report dated 22 December 1996). Opinion No. 2 of the first WTPF called for Administrations to facilitate the early introduction of GMPCS services and to cooperate internationally in developing and harmonizing policies to facilitate the introduction of GMPCS. Opinion 2 also recognized that GMPCS System Operators will take steps to inhibit the use of their Systems in any country that has not authorized their GMPCS service. Opinion No. 4 adopted by the WTPF recognized that, because some GMPCS systems are already in operation and others will be brought into operation as early as 1998, urgent action is needed to facilitate the global circulation and transborder roaming of terminals. Opinion No. 4 also recognized that the early introduction of GMPCS services will be facilitated by a commonly agreed upon GMPCS Memorandum of Understanding (MoU) to be used as a framework for arrangements to facilitate the global circulation and transborder roaming of GMPCS terminals. On 14 February 1997, pursuant to Opinion No. 4, an informal group of Administrations, GMPCS operators, service providers, and manufacturers met and finalized the GMPCS­ ­ MoU. PREAMBLE The GMPCS Arrangements that follow have been developed, pursuant to Opinion No. 4, by Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and manufacturers of GMPCS terminals. The objective of these global Arrangements is to provide a framework for the implementation of the MoU at the national and regional level in order to facilitate the introduction of GMPCS, including: (1) the permission to carry a terminal into a visited country and to use it, where the associated GMPCS System has been licensed or authorized, if required, without the need for obtaining individual authorization for the terminal in the visited country; (2) the permission to carry the terminal into a visited country without using it, where the associated GMPCS System has not been authorized in the visited country; and (3) the conditions for placing terminals on the market. SCOPE OF THESE ARRANGEMENTS 1. The sovereign right of each Administration to regulate its telecommunications, as reflected in the Constitution and Convention of the ITU, is not altered or affected by these Arrangements. 2. All Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers are invited to implement these Arrangements. Implementation of these Arrangements or any provision thereof is voluntary and not mandatory. 3. It is the intention and understanding of all parties implementing these Arrangements that the Arrangements are consistent with and in furtherance of the MoU and of the voluntary principles adopted by the WTPF as contained in Opinion No. 2, the relevant treaty provisions of the ITU legal instruments, other treaties, regional agreements, directives, and the work in this area carried out by regional telecommunication organizations. 4. These Arrangements define significant conditions for: a) The mutual recognition of type approval of GMPCS Terminals; b) The licensing of GMPCS Terminals; and c) The method of identification (marking) of GMPCS Terminals. ­ d) Access to traffic data by duly authorized national authorities. 5. Also, pursuant to Article 4 of the GMPCS­MoU, a recommendation on customs procedures to facilitate unrestricted transborder movement of GMPCS terminals is also included. DEFINITIONS Unless otherwise indicated, the terms listed below will have the following meanings for purposes of the Arrangements and Recommendations herein: 1. Administration ­ Any governmental department or service responsible for implementing these arrangements. 2. Circulation - Ability to carry a GMPCS Terminal into a visited country. In these Arrangements, circulation includes: a) Permission to carry a terminal into a visited country and to use it within the framework of a licensing scheme (i.e., without the need for obtaining individual authorization for the terminal in the visited country); and b) Permission to carry a terminal into a visited country but not to use it. 3. Constellation of satellites ­ One or more satellites, geostationary or non­geostationary, operated as a system. 4. GMPCS Service Provider ­ The entity authorized by an Administration and by a GMPCS System Operator to provide GMPCS services to the public within a country. 5. GMPCS System Operator ­ The entity responsible for the operation of a GMPCS System. 6. GMPCS System ­ Any satellite system (i.e., fixed or mobile, broadband or narrowband, global or regional, existing or planned) providing telecommunication services directly to end users from a constellation of satellites. 7. GMPCS Terminal ­ A user terminal intended to be operated with a GMPCS System. 8. GMPCS Terminal Manufacturer ­ An entity manufacturing GMPCS Terminals. 9. Licensing - The issuance of a license or other authorization by an Administration in conformity with the national laws and regulations of that country and the ITU Radio Regulations. 10. Type Approval ­ The process through which the conformity of GMPCS Terminals with regulatory technical requirements is assessed. These technical requirements are mainly intended to ensure that GMPCS Terminals do not harm networks, other users, or other equipment; and a variety of such procedures (ranging from obligatory third party testing to manufacturers declaration) may be in place. Compliance with these requirements may be imposed in order to allow a product to be legally placed on the market or to allow it to be legally used when temporarily admitted in a country, when the system within which it operates is allowed to offer service in that country. Authorities may accept type approvals from other countries for products to be sold and/or used. ARRANGEMENTS The Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers implementing this Arrangement understand and recognize that: 1. A variety of GMPCS Systems are at different stages of development and implementation, including some already in service. 2. The GMPCS Systems provide or will provide global and/or regional coverage. 3. GMPCS Systems will be typically characterized by the use of system-specific technically identical GMPCS Terminals, manufactured by GMPCS Terminal Manufacturers and designed to be operated with a specific GMPCS System. 4. The bringing into operation of new GMPCS Systems is subject to satisfactory progress of frequency coordination in accordance with the procedures established by the ITU Radio Regulations. 5. The allocation of the spectrum for GMPCS Systems is in accordance with the ITU Radio Regulations and will be assigned by Administrations for GMPCS Terminals in GMPCS Systems. 6. GMPCS System Operators and GMPCS Service Providers are subject to the national laws and regulations in each country in which GMPCS Services are being provided. 7. Because Administrations have various type approval procedures under differing legal regimes which in the short term will be very difficult to reconcile, it is desirable for Administrations to mutually recognize type approval and marking procedures for GMPCS Terminals. 8. The exemption of GMPCS Terminals from a requirement for an individual license facilitates global circulation. 9. Agreements among GMPCS System Operators, GMPCS Service Providers, and Administrations will likely specify data exchange requirements to service customers properly and to comply with Administrations' regulatory requirements. 10. Existing and planned GMPCS Systems will vary technically in the level of detail of information captured by the System. 11. Customer specific information must be protected by GMPCS System Operators and GMPCS Service Providers as highly private and confidential information. I. On Type Approval and Marking of GMPCS Terminals (GMPCS MoU Articles 1 and 3) Recognizing the foregoing, the Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers implementing this Arrangement agree that: A. The type approval requirements (hereinafter referred to as "essential requirements") for GMPCS are: 1) Requirements relating to user safety (EME); 2) Requirements relating to electromagnetic compatibility (EMC); and 3) Requirements relating to effective use of the radio spectrum and orbital resources, including electromagnetic interference (EMI). B. Type approval of GMPCS Terminals should be to a global standard (based to the extent practicable on ITU­R Recommendations) or a regional or national equivalent. In the absence of a global standard or a regional or national equivalent, a published system specification should be used. C. The preferred procedure for type approval of GMPCS Terminals shall be manufacturer's self­certification that the GMPCS Terminals meet applicable technical requirements. Other commonly accepted regional or national type approval procedures may be used, if required. D. National administrative procedures dealing with type approval will be publicly available and will be non­discriminatory. E. Once an Administration (or a regional body that represents multiple Administrations) that has notified the ITU that it has implemented these Arrangements issues type approval for a class of GMPCS Terminals, that Administration (or regional body) will promptly so notify the ITU, specifying: 1. Name of the Administration; 2. Name of GMPCS Equipment Manufacturer; 3. Name of GMPCS System Operator; 4. Model number(s) of GMPCS Terminal(s); 5. The date type approval was granted; and 6. Any identifying information about the Administration's mark or a copy of that mark. F. Upon request by a GMPCS Terminal Manufacturer, an Administration (or a regional body that represents multiple Administrations) that has notified the ITU that it has implemented these Arrangements and that has issued type approval for a class of GMPCS Terminals pursuant to these Arrangements will authorize a GMPCS Terminal Manufacturer to affix the "GMPCS MoU" mark to each GMPCS Terminal that is identical to the unit that was type approved (and will promptly so notify the ITU, including the information listed in 5 (1)­(5) immediately above), if the following conditions are met: 1. The GMPCS System Operator (with which the particular GMPCS Terminal is to be used) has notified the ITU that it has implemented these Arrangements and that it has approved the subject GMPCS Terminal Manufacturer to manufacture the particular GMPCS Terminal; and 2. The GMPCS Terminal Manufacturer has notified the ITU that it has implemented these Arrangements. G. Administrations implementing these Arrangements will accept the GMPCS MoU mark as evidence that a particular GMPCS Terminal bearing that mark has been type approved and will recognize and accept such type approval, without requiring that the specific GMPCS Terminal be subjected to additional type approval procedures. Such type approval shall be valid for purposes of circulation of terminals as well as for the purposes of placing terminals on the market, except in those territories or regions where additional procedures or conditions exist for purposes of placing terminals on the market. H. Administrations (and regional bodies that represent multiple Administrations) will not require their own national or regional marks to be placed on GMPCS Terminals that already have been authorized to bear the GMPCS MoU mark, except where the Administrations (and regional bodies that represent multiple Administrations) require such marks as a precondition to placing the GMPCS Terminals on the market within their territories or regions. I. Other Administrations may recognize and accept the type approval granted and notified by a particular Administration, regardless of the mark used to indicate such approval, without the need for additional testing or the submission of test reports. J. The GMPCS MoU mark will be no larger than 1 cm high by 1 cm wide and will include the words "GMPCS MoU" and the name of the GMPCS System for which its use has been authorized. II. On Licensing (GMPCS MoU Article 2) Recognizing the foregoing, the Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers,and GMPCS Terminal Manufacturers implementing this Arrangement agree that: A. Administrations that have implemented these Arrangements will not require individual terminal licenses for GMPCS Terminals, provided that: 1) These terminals operate within the frequency bands assigned for such use by the Administration in question; 2) The GMPCS system, with which the GMPCS Terminals operate, has been legally authorized to provide service, if required, pursuant to national laws and/or regulations; 3) The transmissions from the GMPCS Terminals are consistent with spectrum assignments and are under the operational control of the GMPCS System Operator and/or the GMPCS Service Provider; 4) The GMPCS Terminals meet the relevant essential requirements referred to in these Arrangements and are appropriately marked; and 5) Necessary measures are taken to avoid interference between services. B. Administrations implementing these Arrangements will allow the circulation and use of GMPCS Terminals, either single mode or multimode, provided that the GMPCS Terminals meet the requirements set forth in Section II (A) of this Arrangement. C. Circulation on a temporary or transitory basis without permission to use will be allowed, by each Administration that has implemented these Arrangements, for all GMPCS Terminals (either single mode or multimode) not meeting the requirements set forth Section II (A) of this Arrangement. D. Administrations implementing these Arrangements may, consistent with these Arrangements, issue blanket or class licenses for GMPCS Terminals. III. On Access to Traffic Data (GMPCS MoU Article 5) Recognizing the foregoing, the Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers,and GMPCS Terminal Manufacturers implementing this Arrangement agree that: A. GMPCS System Operators or GMPCS Service Providers will provide traffic data to authorized Administrations who have committed to implement this relevant Arrangement. Traffic data to be provided pursuant to this arrangement does not include confidential customer information. B. GMPCS Operators and GMPCS Service Providers, affiliations and Administrations will recognize and respect: the technical and operational differences that exist among systems which affect the ability of the GMPCS System Operators and Service Providers to provide this data; the national laws and regulations of Administrations authorizing GMPCS services; the confidentiality of the data and the privacy of customers and not provide confidential customer information. C. GMPCS System Operators and/or Service Providers will assist with measures intended to identify unauthorized traffic flows. IV. Recommendations on Customs (GMPCS MoU Article 4) Recognizing the foregoing, the Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers implementing these Arrangements agree to recommend to their competent national authorities the following: A. GMPCS Terminals brought into a country to be placed on the market will be subject to applicable customs duties, if any, and the technical and regulatory requirements of that country. Countries will be encouraged to reduce duties on GMPCS Terminals placed on the market, in particular by signing instruments such as the Information Technology Agreement. B. GMPCS Terminals should be exempt from customs restrictions and other fees when visiting or transiting countries on a temporary basis. C. Administrations, GMPCS Systems Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers, as well as the ITU Secretariat, if appropriate, should work with the World Customs Organization to ensure that GMPCS Terminals are entitled to treatment as a traveler's personal effects for purposes of entry into a country on a temporary or transitory basis. Commercially used GMPCS terminals which are not hand-held will considered part of its host vehicle equipment. D. Administrations should undertake, within the framework of their national laws, regulations, and international obligations, to bring their legal and regulatory procedures in line with the provisions of the Istanbul Convention on Temporary Admission, and other relevant internationally recognized agreements. E. Administrations should take all practicable measures to educate customs officials on the need to permit the temporary or transitory entry into their countries of GMPCS Terminals without unnecessary or unduly burdensome restrictions. NOTIFICATION AND IMPLEMENTATION PROCEDURES 1. The ITU Secretary­General will write to all Administrations, Sector Members, Signatories to the GMPCS MoU, and all non­signatories that have been participating in the development of these Arrangements inviting them to implement these Arrangements. 2. Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers intending to implement these Arrangements will write to the ITU Secretary­General at the earliest possible date, indicating their intention to implement these Arrangements (herein referred to as an "Indication of an Intention to Implement") and the date by which the Arrangements will be implemented. Upon implementation of the Arrangements, Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers that have implemented these Arrangements will write to the ITU Secretary­General, indicating their implementation of these Arrangements and indicating any licensing procedures by which these Arrangements are implemented in the national regulations (herein referred to as an "Implementation Notification"). If applicable, an Indication of an Intention to Implement and an Implementation Notification can be combined in a single document once implementation has been completed. a) Administrations intending to implement these Arrangements on a national level should, as soon as possible, undertake to make relevant national telecommunications regulations and customs requirements compatible with the goals of these Arrangements. b) Administrations should, in their Implementation Notifications a­nd thereafter, advise the ITU Secretary General of the specific GMPCS Systems that are authorized to operate in the country. c) The Indication of an Intention to Implement and Implementation Notification may also be undertaken by regional bodies that are competent to do so on behalf of multiple Administrations, but such Notification should list all Administrations included. d) GMPCS System Operators that implement these Arrangements should specify in their Implementation Notifications, and thereafter, the GMPCS Terminal Manufacturers that are recognized and the GMPCS Service Providers that are authorized by the GMPCS System Operators. e) Administrations, ITU Sector Members, GMPCS System Operators, GMPCS Service Providers, and GMPCS Terminal Manufacturers will in their Implementation Notifications indicate any provision of these Arrangements they do not intend to implement. 3. The Secretary­General of the ITU will be the depository of these Arrangements and will make information about the Arrangements readily available to all Administrations, all Sector Members, all GMPCS System Operators, all GMPCS Service Providers. 4. The Secretary­General will periodically publish a report on the implementation of these Arrangements, which will include: a list of all entities that have submitted Implementation Notifications to the ITU; a list of the Administrations that have implemented the Arrangements together with the GMPCS Systems that are authorized in each country; a list of any limitations or reservations in the Implementation Notifications; a list of any entities that have notified the ITU that they have decided not to implement these Arrangements or to revoke or withdraw approvals previously granted; a list of the GMPCS Terminals (including model numbers) that have been type approved pursuant to these Arrangements, indicating the countries that have granted type approval; a list of GMPCS Terminals (including model numbers) that have been authorized to bear the GMPCS MoU mark and the countries that have so authorized them; and such other information as may be requested by the Signatories to the MoU and/or the entities that have notified the ITU that they have implemented these Arrangements. 5. Some of the provisions in these Arrangements will require action and ongoing activities by the ITU. The entities implementing these Arrangements will work with the ITU to ensure that the ITU has the capability, authority, and resources to perform the functions it is expected to perform pursuant to these Arrangements.