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

Working Document 2(Rev.1)-E
3 April 1997
Original: English

Explanatory Memorandum

Introduction

A number of satellite systems offering services for individual users has been introduced or will be introduced in the near future. These satellite systems are identified as providing Global Mobile Personal Communications Services (GMPCS), and they will provide both global and regional coverage.

In dealing with GMPCS systems users, administrations and operators may have to deal with several types of licensing requirements, e.g., for network operation, service provision, gateways and terminals.

This Arrangement concerns the licensing and free circulation of GMPCS terminals.

Procedure of this Arrangement

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.

The Secretary-General of the ITU will write to the Signatories of the MoU, inviting them to commit themselves to this Arrangement. The Signatories intending to implement the Arrangement are requested to write to the Secretary-General, indicating their commitment.

The Signatory Administrations having committed themselves to this Arrangement shall implement the necessary measures as soon as possible from the date of commitment. The measures by which the Arrangement is implemented shall be communicated to the Secretary-General.

General approach for the licensing and free circulation of GMPCS terminals

Given that GMPCS systems are offering or are intended to offer regional and global services, placing a requirement for individual licences for terminals would be detrimental to the concept of free circulation and use. Therefore, this Arrangement proposes a simple regime for the licensing and free circulation and use of GMPCS terminals. The Arrangement contains the following elements:

- GMPCS terminals are exempt from requiring an individual licence;

- the use of GMPCS terminals that meet the requirements of this Arrangement and that originate from other countries is allowed without further formalities;

- if the use of the terminals cannot be allowed, it is allowed to carry the terminal without using it.

The method by which administrations implement in their national regulations or other relevant instruments that no individual licences are required can vary. The terminals can be exempted from individual licensing or can be covered by a general licence or a class licence. In the latter cases general rules are laid down, which the user of the terminal has to observe. But the end result should in all cases be that the user does not need a prior authorization from the administration.

Administrations will pose conditions and prerequisites, which must be fulfilled before they can exempt the GMPCS terminals from an individual licence.

Such conditions and prerequisites may relate, for example to:

the requirement that the terminals are type approved to an agreed standard and marked as appropriate;

frequency use as agreed with the administrations;

authorization of the service, within which the terminal operates;

protection of other services from interference.

The implementation of the concept of free circulation and use requires administrations to accept the use of the GMPCS terminals originating from other countries without requiring any further authorizations or licensing, whenever the foreign terminals fulfil the above-mentioned conditions.

It should be allowed to carry the terminal without using it when the conditions and prerequisites referred to above are not fulfilled.

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 both global and 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, 21­23 October 1996) provides voluntary principles and 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 implement a harmonized licensing regime 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 an GMPCS mobile earth station without any additional authorization;

h) that the conformity assessment and type approval, including manufacturers or service providers self-certification, of GMPCS terminals will be carried out according to regional or national requirements [or standards] or in the future on relevant ITU-R Recommendations,

recognizing

a) that GMPCS is broadly applicable to all satellite systems (i.e. fixed, mobile, broadband and narrow-band, global and regional, existing and planned) providing telecommunications services directly to end users from a constellation of satellites;

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

c) that this Arrangement is not binding towards the Signatory Administrations of the GMPCS­MoU, unless the administration voluntarily commits itself to observe the procedures of the Arrangement,

decides

1 that Signatory Administrations of the GMPCS-MoU, having committed themselves to this Arrangement, shall not require individual licences for terminals of GMPCS systems, provided that:

- these terminals operate within the frequency bands identified for such use by the administration in question;

- the GMPCS service, within which the terminals operate, has been legally authorized if required by national regulations;

- that the transmissions from the terminal are under the control of the system operator or the service provider;

- the terminals fulfil the relevant essential technical requirements [or standards] and is appropriately marked;

- that necessary measures are taken to prohibit interference between services;

2 that Signatory Administrations shall allow the free circulation and use of GMPCS terminals, either single mode or multimode, provided that the equipment fulfils the requirements in decides 1;

3 that free circulation without permission to use will be allowed by each Signatory Administration on a temporary or transitory basis for all terminals (either single mode or multi-mode) not fulfilling the requirements in decides 1;

4 that this Arrangement shall be open for signature from [1] [July] [1997];

5 that the Signatory Administrations intending to implement the Arrangement shall write to the Secretary-General at the earliest possible date, indicating their commitment;

6 that the Signatory Administrations having committed themselves shall implement the procedures of the Arrangement as soon as possible from the date of commitment;

7 that the Signatory Administrations shall communicate the measures including any licensing procedures by which the Arrangement is implemented in the national regulations to the Secretary-General of the ITU;

invites

1 the Secretary-General to write to the Signatory Administrations of the MoU, inviting them to commit themselves to this Arrangement;

2 the Secretary-General to regularly publish and make available the information collected under decides 7 above.