Memorandum of Understanding-GMPCS
(Geneva, 17-18 July 1997)

_________________________________________

Working Document 1-E
8 July 1997
Original: English

ARRANGEMENTS PURSUANT TO THE GMPCS MoU
TO FACILITATE THE INTRODUCTION AND DEVELOPMENT OF GLOBAL MOBILE PERSONAL COMMUNICATIONS BY SATELLITE (GMPCS)

PREAMBLE

On 21-23 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 GMPCS­MoU.

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 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. Under the provisions of these Arrangements, the participants will be able to cooperate in the development of GMPCS to the benefit of users worldwide.

SCOPE OF THESE ARRANGEMENTS

1. 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 is voluntary -- not mandatory.

2. It is the intention and understanding of all parties implementing these Arrangements that the Arrangements are consistent with and in furtherance 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.

3. 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.

4. These Arrangements define the conditions for the introduction of GMPCS, including the global circulation and transborder roaming of GMPCS Terminals and the conditions for placing the terminals on the market.

5. These Arrangements provide 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.

6. These Arrangements also include a commitment, pursuant to Article 5 of the GMPCS­MoU, by which GMPCS System Operators will provide to Administrations that have implemented these Arrangements, on a confidential basis, within a reasonable period of time to any duly authorized national authority that so requests, appropriate 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.

7. Also, pursuant to Article 4 of the GMPCS-MoU, these Arrangements contain a commitment by parties implementing these Arrangements to make recommendations to their relevant competent national authorities on customs matters.

DEFINITIONS

Unless otherwise indicated, the terms listed below will have the following meanings for purposes of the Arrangements and Recommendations herein:

1. Administration - An ITU Member State or any other State.

2. Circulation - Ability to carry a GMPCS Terminal into a visited country without the need for obtaining authorization for use of that terminal in the 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 non-geostationary, 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 manufacturer's 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

Mutual Understandings

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 characterized by the use of technically identical GMPCS Terminals, manufactured by GMPCS Terminal Manufacturers and designed to be operated around the world with specific GMPCS Systems.

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 use 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. It is desirable for Administrations to harmonize type approval and marking regimes for GMPCS Terminals.

7. Administrations have various type approval regimes under differing legal bases which in the short-term will be very difficult to reconcile.

8. The exemption of GMPCS Terminals from a requirement for an individual license facilitates global circulation and transborder roaming.

9. Agreements between 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 technically will vary 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.

12. 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.

Mutual Undertakings

1. 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:

1. The type approval requirements (hereinafter referred to as "essential requirements") for GMPCS are:

a) Requirements relating to user safety (electromagnetic exposure ((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. The essential requirements referred to above should be contained in either an ITU-R Recommendation or a regional or national technical specification.

3. At some future date, the above requirements may be incorporated into a global type approval specification, such as an ITU-R Recommendation; but, unless and until a global type approval specification is adopted, the Administrations implementing this Arrangement will accept as type approved a GMPCS terminal that has been demonstrated to meet the above requirements, i.e. through:

a) a regional type approval process;

b) a national type approval process; or

c) a published system specification.

4. Testing procedures will be in conformance with commonly accepted testing methods. Administrations may accept test reports from manufacturers or distributors that confirm the technical conformance of the terminals with the essential requirements above or may require some other procedure to assess conformity with the essential requirements.

5. National administrative procedures dealing with testing for type approval will be publicly available and will be non-discriminatory.

6. [details of notification to the ITU to be worked out, issues to be resolved: who notifies, what should be notified?]

7. [details of marking to be worked out, issues to be resolved: legal basis for a GMPCS MoU mark, validity, enforcement, compatibility with regional and national marks]

8. Other Administrations may accept the type approval granted and notified by a particular Administration without the need for additional testing or the submission of test reports.

[Open issues: short vs. longer term arrangement, placing on the market vs. roaming requirements, IPR (air interface specifications).]

2. 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:

1. Administrations that have implemented these Arrangements will not require individual licenses for GMPCS Terminals, provided that:

a) these terminals operate within the frequency bands identified for such use by the Administration in question;

b) the GMPCS service, with which the GMPCS Terminals operate, has been legally authorized, if required, pursuant to national laws and/or regulations;

c) the transmissions from the GMPCS Terminals are under the control of the GMPCS System Operator and/or the GMPCS Service Provider;

d) the GMPCS Terminals meet the relevant essential requirements in these Arrangements and are appropriately marked; and

e. necessary measures are taken to prohibit interference between services.

2. 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 this Arrangement.

3. 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 in this Arrangement.

4. Administrations implementing these Arrangements may, consistent with these Arrangements, issue blanket or class licenses for GMPCS Terminals.

3. 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:

1. Consistent with applicable national legislation in the country where GMPCS service is being provided, GMPCS system operators or service providers:

a) will provide to Administrations implementing these Arrangements, where possible, on a confidential basis, within a reasonable period of time to any duly authorized national authority which so requests, appropriate GMPCS traffic data originating in or routed to its national territory; and

b) will assist with any measures intended to identify unauthorized traffic flows.

2. Under this Arrangement, all GMPCS systems will be structured to provide appropriate traffic data.

3. Agreements between Administrations and GMPCS System Operators and/or GMPCS Service Providers are unaffected by this Arrangement.

4. Traffic data to be provided pursuant to this Arrangement does not include confidential customer information.

RECOMMENDATIONS
(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:

1. 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.

2. GMPCS Terminals should be exempt from customs restrictions and other fees when visiting or transiting countries on a temporary basis.

3. 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.

4. 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.

5. 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 Secretary-General will write to all Administrations, Sector Members, Signatories to the GMPCS MoU, and all non-signatories that have been participating in the development of these Arrangements inviting them to commit 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 Secretary-General at the earliest possible date, indicating their commitment to these Arrangements and the date by which the Arrangements will be implemented (herein referred to as "Commitment"). 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 Secretary-General, 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 "Implementation Notification"). If applicable, the Commitment and Implementation Notification can be combined in a single document.

a) Administrations that have committed themselves to these Arrangements on a national level are urged to ensure, as soon as possible after the date of their Commitment, that relevant national telecommunications regulations and customs requirements support the full realization of the goals of these Arrangements.

b) Administrations should in their Implementation Notifications advise the Secretary­General of the specific GMPCS Systems that are authorized to operate in the country.

c) The Commitment and Implementation Notification may also be undertaken by regional bodies that are competent to make commitments 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 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 communicate any inability to implement any provision of these Arrangements.

3. The Secretary-General 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, and all GMPCS Terminal Manufacturers.

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; 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.

[These do not include procedures on type approval and marking notification, which were not finalized in Working Document 1(Rev.1), Meeting of 3-4 April 1997.]