(Geneva, 17-18 July 1997) |
_________________________________________
Recognizing the foregoing, the administrations, ITU Sector Members, GMPCS system operators, GMPCS service providers, and GMPCS terminal manufacturers implementing this Arrangement agree that:
1) The type approval requirements (hereinafter referred to as "essential requirements") for GMPCS are:
a) requirements relating to user safety (EME);
b) requirements relating to electromagnetic compatibility (EMC); and
c) requirements relating to effective use of the radio spectrum and orbital resources, including electromagnetic interference (EMI).
2) Type approval of GMPCS terminals should be to a global standard (based to the extent possible 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.
3) 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.
4) National administrative procedures dealing with type approval will be publicly available and will be nondiscriminatory.
5) 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:
a) name of the administration;
b) name of GMPCS equipment manufacturer;
c) name of GMPCS system operator;
d) model number(s) of GMPCS terminal(s);
e) the date type approval was granted; and
f) any identifying information about the administration's mark or a copy of that mark.
6) 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 5a) - e) immediately above), if the following conditions are met:
a) 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
b) the GMPCS terminal manufacturer has notified the ITU that it has implemented these Arrangements.
7) 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.
8) 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.
9) 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.
10) 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.
4 The Secretary-General 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 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.