GMPCS-MoU

Meeting of Signatories and intended Signatories
(Geneva, 3-4 April 1997)

Working Document 1(Rev.1)-E

3 April 1997

Original: English

DRAFT

Outline of an arrangement including elements on type approval and marking
of terminals of Global Mobile Communications by Satellite (GMPCS)

Memorandum

Type approval is the process, through which the conformity of GMPCS equipment with regulatory technical requirements is assessed. These technical requirements are mainly intended to ensure that GMPCS products do not harm networks, other users or other equipment and a variety of procedures (ranging from obligatory third party testing towards manufacturers declaration) may be in place. Compliance with these requirements may be imposed in order to allow the product to be legally placed on the market or 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.

[To be completed.]

The Signatories of the GMPCS-MoU,

considering

a) that a variety of GMPCS systems are at different stages of development and implementation;

b) that the GMPCS systems provide or will provide global and/or regional coverage;

c) that the use of the spectrum for GMPCS systems is in accordance with the Radio Regulations and will be assigned by administrations for terminals in GMPCS systems;

d) that 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;

e) that Opinion 2 of the World Telecommunications Policy Forum
(Geneva, 21-23 October 1996) calls for States to facilitate the early introduction of GMPCS services as well as international cooperation in the field of GMPCS;

f) that it is desirable for administrations to harmonize type approval and marking regimes for GMPCS terminals;

g) that the exemption of terminals from requiring an individual licence provides for the concept of free circulation and use which means the permission to carry and use a type approved GMPCS terminal without any additional authorization,

recognizing

a) that the sovereign right of each State to regulate its telecommunications, as reflected in the Constitution of the ITU, applies to GMPCS as to other telecommunications systems and services;

b) that States have various type approval regimes under differing legal bases which in the short run will be very difficult to reconcile;

c) that this arrangement is not binding towards the Signatories of the GMPCS-MoU, unless a Signatory voluntarily commits itself to observe the procedures of the Arrangement,

decides

1 that the type approval requirements are:

(Requirements relating to user safety (EME exposure), electromagnetic compatibility (EMC) and effective use of the radio spectrum and orbital resources (EMI));

2 that the technical requirements referred to in decides 1 above should be contained in either an ITU-R Recommendation or should be contained in a regional or national technical specification, that, at some future date, the above technical requirements should be incorporated into a global type approval specification, such as an ITU-R Recommendation; but that, unless and until a global type approval specification is adopted, the signatories will accept as type approved a GMPCS terminal that has been demonstrated to meet the above requirements, i.e. through:

1) a regional type approval process;

2) a national type approval process;

3) a published system specification.

3 testing procedures shall 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 or may require some other procedure to assess conformity with the essential requirements;

4 National administrative procedures dealing with testing for type approval shall be publicly available and shall be non-discriminatory;

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

6 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;

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?]

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


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