11 JULY 2002. - An Act to Enact the following International Acts:

1. Instrument to amend the Constitution of the International Telecommunication Union;
2. Instrument to amend the International Telecommunication Union Convention,
in Kyoto on 14 October 1994;
3. Instrument to amend the Constitution of the International Telecommunication Union;
4. Instrument to amend the International Telecommunication Union Convention,
on 6 November 1998 (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The following international acts will come out of their full effect:
1. Instrument to amend the Constitution of the International Telecommunication Union;
2. Instrument to amend the International Telecommunication Union Convention,
in Kyoto on 14 October 1994;
3. Instrument to amend the Constitution of the International Telecommunication Union;
4. Instrument of Amendment to the International Telecommunication Union Convention, made in Minneapolis on 6 November 1998
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 11 July 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Telecommunications,
R. DAEMS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate.
Documents. - Bill tabled on 24 January 2002, No. 2-1025/1. Erratum 2-1025/2. Report made on behalf of the commission, 2-1025/3.
Annales parliamentarians. - Discussion, meeting of April 25, 2002. Voting, meeting of 25 April 2002.
House of Representatives.
Documents. - Projects transmitted by the Senate, No. 50-1766/1. Text adopted in plenary and subject to Royal Assent, No. 50-1766/2.
Annales parliamentarians. - Discussion, meeting of May 23, 2002. Voting, meeting of 23 May 2002.
AMENDMENT INSTRUMENT
to the Constitution of the International Telecommunication Union (Geneva, 1992)
[Amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994)]
PART I
Foreword
In accordance with and in accordance with the relevant provisions of the Constitution of the International Telecommunication Union (Geneva, 1992), and in particular the provisions of Article 55, the Conference of Plenipotentiaries of the International Telecommunication Union (Kyoto, 1994) adopted the following amendments to the Constitution:
ARTICLE 8 (CS)
The Conference of Plenipotentiaries
MOD 50. - (b) examine the reports prepared by the Council on the activity of the Union since the last Conference of Plenipotentiaries and on the general policy and strategic planning of the Union;
MOD 57. - (i) consider and adopt, as appropriate, the proposals for amendments to this Constitution and the Convention, made by the Members of the Union, in accordance with the provisions of Article 55 of this Constitution and the relevant provisions of the Convention;
ADD 59A. - 3. On an exceptional basis, during the interval between two ordinary Plenipotentiary Conferences, a Extraordinary Plenipotentiary Conference may be convened with a restricted agenda to deal with specific topics:
ADD 59B. (a) by decision of the previous ordinary Conference of Plenipotentiaries;
ADD 59C. - (b) upon request made individually by two thirds of the Members of the Union and addressed to the Secretary-General;
ADD 59D. - (c) on the proposal of the Council, with the agreement of at least two thirds of the Members of the Union.
ARTICLE 9 (CS)
Principles relating to elections and related matters
MOD 62. - (b) the Secretary-General, the Deputy Secretary-General, the directors of the Bureaux and the members of the Radio Regulations Committee shall be elected from among the candidates proposed by the Members as their nationals, that they be all nationals of different Members and that, in their election, due consideration shall be given to equitable geographical distribution among the regions of the world; with regard to elected officials, due account should also be taken of the principles set forth in number 154 of the present Constitution;
MOD 63. - (c) members of the Radio Regulations Committee shall be elected individually, each Member may only propose one candidate.
ARTICLE 28 (CS)
Union Finance
MOD 163. - (4) The contribution class selected by each Member, in accordance with number 161 or 162 above, is applicable to the first biennial budget from the expiration of the six-month period referred to in number 161 or 162 above.
PART II
Effective date
The amendments contained in this instrument shall enter into force, in their entirety and in the form of a single instrument, on 1^er January 1996 between the Members who are parties to the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992) and who have deposited before that date their instrument of ratification, acceptance or approval of this instrument or accession to it.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries signed the original of this instrument of amendments the Constitution of the International Telecommunication Union (Geneva, 1992).
Done in Kyoto, 14 October 1994
AMENDMENT INSTRUMENT
to the International Telecommunication Union Convention (Geneva, 1992)
[Amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994)]
PLENIOPTENTIARY CONFERENCE (KYOTO, 1994)
PART I
Foreword
In accordance with and in accordance with the relevant provisions of the Convention of the International Telecommunication Union (Geneva, 1992), and in particular the provisions of its article 42, the Conference of Plenipotentiaries of the International Telecommunication Union (Kyoto, 1994) adopted the following amendments to the Convention:
Article 4 (CV)
The Council
MOD 50. - 1. The membership of the Council is set by the Conference of Plenipotentiaries, which is held every four years.
MOD 50A. - Two. This number must not exceed 25% of the total membership of the Union.
MOD 80. - (14) is responsible for coordinating with all international organizations referred to in articles 49 and 50 of the Constitution. To this end, it concludes on behalf of the Union provisional agreements with international organizations referred to in Article 50 of the Constitution and numbers 260 and 261 of the Convention and with the United Nations pursuant to the Agreement to be entered into by the United Nations and the International Telecommunication Union: these provisional agreements must be submitted to the Conference of Plenipotentiaries following in accordance with the relevant provision of Article 8 of the Constitution;
Article 7 (CV)
World Radiocommunication Conferences
MOD 118. - (2). The general framework for this agenda should be set four years in advance, and the final agenda is set by the Council preferably two years before the conference, with the agreement of the majority of the Members of the Union, subject to the provisions of issue 47 of this Convention. Both versions of the agenda are based on the recommendations of the World Radiocommunication Conference pursuant to the provisions of issue 126 of this Convention.
ARTICLE 19 (CV)
Participation of entities and organizations other than administrations in the activities of the Union
MOD 239. - 9. An entity or organization referred to in 229 or 230 above may act on behalf of the Member who approved it, if the Member has notified the Director of the Bureau concerned that he has authorized it to do so.
ARTICLE 23 (CV)
Invitation and admission to Plenipotentiary Conferences when there is a government inviting
MOD 258. - 3. The Secretary-General invites as observers:
ADD 262A. (e) entities and organizations referred to in number 229 of this Convention and organizations of an international character representing these entities and organizations.
MOD 269. - (b) observers of invited organizations and institutions in accordance with numbers 259 to 262A.
ARTICLE 24 (CV)
Invitation and admission to radiocommunication conferences when there is a government inviting
MOD 271. - Two. (1) The provisions of numbers 256 to 265 of this Convention, with the exception of number 262A, are applicable to radiocommunication conferences.
ARTICLE 32 (CV)
Rules of procedure for conferences and other meetings
MOD 379. - (2). The text of any important proposal to be voted on must be circulated in the working languages of the conference early enough to allow its study before discussion.
ARTICLE 33 (CV) (1)
Finance
NOC 475. - 4. The following provisions apply to contributions from organizations included in numbers 259 to 262 and entities admitted to participating in the activities of the Union in accordance with the provisions of Article 19 of this Convention.
MOD 476. - (1) Organizations referred to in numbers 259 to 262 of this Convention and other international organizations participating in a Conference of Plenipotentiaries, a Union Sector or a world conference of international telecommunications contribute to the expenses of this Conference or Sector in accordance with numbers 479 to 481 below, as the case may be, unless they have been exempted by the Council, subject to reciprocity.
MOD 477. - (2) Any organizational entity included in the lists referred to in number 237 of this Convention shall contribute to the expenditures of the Sector in accordance with numbers 479 and 480 below.
MOD 478. - (3) Any entity or organization listed in the lists referred to in number 237 of this Convention that participates in a radiocommunication conference, a world conference of international telecommunications or a conference or assembly of a Sector of which it is not a member contributes to the expenses of this conference or meeting in accordance with numbers 479 and 481 below.
MOD 479. - (4) The contributions referred to in numbers 476, 477 and 478 are based on the free choice of a scale contribution class that is listed in number 468 above, excluding classes 1/4, 1/8 and 1/16 of units reserved for Members of the Union (this exclusion does not apply to the Telecommunications Development Sector); the selected class shall be communicated to the Secretary-General; the entity or organization concerned may at any time choose a class of contribution higher than that previously adopted.
MOD 480. - (5) The amount of the contribution per unit to the expenditures of each Sector concerned is set at 1/5 of the Contributive Unit of the Members of the Union. These contributions are considered a recipe by the Union. They shall be of interest in accordance with the provisions of number 474 above.
MOD 481. - (6) The amount of the contribution per unit to the expenses of a conference or assembly is determined by dividing the total amount of the budget of the conference or meeting in question by the total number of units paid by Members for their contribution to the expenses of the Union. Contributions are considered a recipe by the Union. They are of interest from the sixtieth day after the invoice is sent, at the rates set out in number 474 above.
MOD 482. - (7) The reduction in the number of contribution units is possible only in accordance with the principles set out in the relevant provisions of Article 28 of the Constitution.
MOD 483. - (8) In the event of denunciation of participation in the work of a Sector or termination of such participation (see number 240 of this Convention), the contribution must be paid up to the last day of the month in which the denunciation takes effect or of the month in which the participation is terminated.
MOD 484. - 5. The sales price of publications is determined by the Secretary-General, based on the desire to cover, as a general rule, reproduction and distribution expenses.
MOD 485. - 6. The Union maintains a reserve fund that is a working capital to make essential expenditures and maintain sufficient cash reserves to avoid, to the extent possible, the use of loans. The Commission annually sets the amount of the contingency fund as required. At the end of each biennium, all budgetary allocations that have not been spent or incurred are placed in the contingency fund. Other details of this reserve fund are described in the Financial Regulations.
MOD 486. - 7. (1) In accordance with the Coordinating Committee, the Secretary-General may accept voluntary contributions in cash or in kind, provided that the conditions for such contributions are in accordance with, where appropriate, the purpose and programmes of the Union and the Financial Regulations, which shall contain special provisions relating to the acceptance and use of such voluntary contributions.
NOC487. - (2) The Secretary-General reports on these voluntary contributions to the Board in the financial management report and in a document that outlines the origin and use of each of these contributions and the follow-up provided to them.
ANNEX (CV)
Observer: Person sent by:
MOD 1002. - * the United Nations, a specialized agency of the United Nations, the International Atomic Energy Agency, a regional telecommunications organization or an intergovernmental organization operating satellite systems, to participate in a consultative capacity at the Conference of Plenipotentiaries, a conference or a meeting of a Sector,
* an international organization, to participate in an advisory capacity at a conference or meeting of a Sector,
* the government of a Member of the Union, to participate without the right to vote at a regional conference,
* an entity or organization referred to in number 229 of the Convention or an international organization representing such entities or organizations, in accordance with the relevant provisions of this Convention.
PART II
Effective date
The amendments contained in this instrument shall enter into force, in their entirety and in the form of a single instrument, on 1^er January 1996 between the Members who are parties to the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992) and who have deposited before that date their instrument of ratification, acceptance or approval of this instrument or accession to it.
In faith, the undersigned Plenipotentiaries signed the original of this instrument of amendment to the International Telecommunication Union Convention (Geneva, 1992).
Done in Kyoto, 14 October 1994
AMENDMENT INSTRUMENT
to the Constitution of the International Telecommunication Union (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994)
[Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998)] (2)
CONSTITUTION OF THE INTERNATIONAL
TELECOMMUNICATIONS (GENEVE, 1992)
PART I
Foreword
Pursuant to and in accordance with the relevant provisions of the Constitution of the International Telecommunication Union (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994), and in particular the provisions of Article 55, the Conference of Plenipotentiaries of the International Telecommunication Union (Minneapolis, 1998) adopted the following amendments to the Constitution:
CHAPTER I
Basic provisions
ARTICLE 1 (CS)
Subject of the Union
MOD 3. - (a) to maintain and extend international cooperation among all Member States for the rational improvement and use of telecommunications of all kinds;
ADD 3A. - abis) to encourage and expand the participation of entities and organizations in the activities of the Union and to ensure fruitful cooperation and partnership between them and Member States in order to meet the general objectives set out in the object of the Union;
MOD 4. - (b) promote and provide technical assistance to developing countries in the field of telecommunications, and also promote the mobilization of the material, human and financial resources necessary for its implementation, as well as access to information;
MOD 8. - (f) to harmonize the efforts of Member States and to foster fruitful and constructive cooperation and partnership between Member States and Members of Sectors for these purposes;
MOD 11. - (a) conducts the assignment of frequency bands of the radio spectrum, the removal of radio frequencies and the recording of frequency assignments and, for space services, any orbital position associated with the orbit of the geostationary satellites or any associated characteristic of satellites in other orbits in order to avoid adverse interference between the radiocommunication stations of the various countries;
MOD 12. - (b) coordinates efforts to eliminate harmful interference between radiocommunication stations in different countries and to improve the use of the radio frequency spectrum for radiocommunication services and the orbit of geostationary satellites and other orbits;
MOD 14. - (d) Encourages international cooperation and solidarity with a view to ensuring technical assistance to developing countries, as well as the establishment, development and development of telecommunications facilities and networks in developing countries by all means at its disposal, including its participation in appropriate United Nations programmes and the use of its own resources, as appropriate;
MOD 16. - (f) promotes collaboration between Member States and Members of Sectors with a view to establishing rates at as low as possible, consistent with good quality service and financial management of sound and independent telecommunications;
ADD 19A. - (j) encourages the participation of concerned entities in the activities of the Union and cooperation with regional and other organizations in order to respond to the purpose of the Union.
Article 2 (CS)
Composition of the Union
MOD 20. - The International Telecommunication Union is an intergovernmental organization in which Member States and Members of Sectors, which have well defined rights and obligations, cooperate in order to meet the purpose of the Union. In view of the principle of universality and the interest of universal participation in the Union, it consists of:
MOD 21. (a) any State that is a Member State of the International Telecommunication Union as a party to any International Telecommunications Convention before the entry into force of this Constitution and the Convention;
MOD 23. - (c) any other State, not a Member of the United Nations, which requests to become a Member State of the Union and which, after its application has been approved by two thirds of the Member States of the Union, adheres to this Constitution and the Convention in accordance with the provisions of Article 53 of this Constitution. If such a request for admission as a Member State is submitted during the period between two Conferences of Plenipotentiaries, the Secretary-General shall consult with the Member States of the Union; a Member State is considered to have abstained if it did not reply within four months from the day it was consulted.
Article 3 (CS)
MOD. - Rights and obligations of Member States and Members of Sectors
MOD 24. - 1. Member States and Members of Sectors have the rights and are subject to the obligations provided for in this Constitution and the Convention.
MOD 25. - Two. The rights of Member States, with regard to their participation in EU conferences, meetings and consultations, are as follows:
MOD 26. - (a) any Member State has the right to participate in conferences, is eligible for election to the Council and has the right to nominate candidates for election of elected officials of the Union or members of the Radio Regulations Committee;
MOD 27. - (b) any Member State, subject to the provisions of numbers 169 and 210 of this Constitution, shall also be entitled to a vote at all Conferences of Plenipotentiaries, at all World Conferences and at all meetings of Sectors and at all meetings of the Commissions of Studies and, if part of the Council, at all sessions of that Council. At regional conferences, only Member States in the region concerned have the right to vote;
MOD 28. - (c) any Member State shall, subject to the provisions of numbers 169 and 210 of this Constitution, also be entitled to a vote in any consultation carried out by correspondence. In the case of consultations concerning regional conferences, only Member States in the region concerned have the right to vote.
ADD 28A. - 3. As regards their participation in the activities of the Union, Members of the Sectors are authorized to participate fully in the activities of the Sector of which they are members, subject to the relevant provisions of the Constitution and the Convention:
ADD 28B. (a) they may provide presidents and vice-presidents for the assemblies and meetings of the Sectors, as well as for the global telecommunications development conferences;
ADD 28C. - (b) they are authorized, subject to the relevant provisions of the Convention and relevant decisions adopted in this regard by the Conference of Plenipotentiaries, to participate in the adoption of the Issues and Recommendations as well as decisions relating to the working methods and procedures of the Sector concerned.
ARTICLE 4 (CS)
Union instruments
MOD 31. - 3. The provisions of this Constitution and the Convention are further supplemented by those of the Administrative Regulations listed below, which regulate the use of telecommunications and bind all Member States:
- the International Telecommunications Regulations,
- the Radio Regulations.
ARTICLE 6 (CS)
Enforcement of Union instruments
MOD 37. - 1. Member States are required to comply with the provisions of this Constitution, the Convention and the Administrative Regulations in all offices and in all telecommunications stations established or operated by them and that provide international services or may cause interference to the radiocommunication services of other countries, except in respect of services that are exempt from these obligations under the provisions of Article 48 of this Constitution.
MOD 38. - Two. Member States are also required to take the necessary measures to enforce compliance with the provisions of this Constitution, the Convention and the Administrative Regulations to the operations authorized by them to establish and operate telecommunications and that provide international services or operate stations that may cause interference to the radiocommunication services of other countries.
Article 7 (CS)
Union structure
MOD 44. (e) the Telecommunications Standards Sector, including the World Telecommunications Standardization Assembly;
ARTICLE 8 (CS)
The Conference of Plenipotentiaries
MOD 47. - 1. The Conference of Plenipotentiaries is composed of delegations representing Member States. She's called every four years.
MOD 48. - Two. On the basis of proposals by Member States and taking into account the reports of the Council, the Conference of Plenipotentiaries:
MOD 50. - (b) examine the Council's reports on the activity of the Union since the previous Conference of Plenipotentiaries and on the general policy and strategic planning of the Union;
MOD 51. - (c) establish the basis for the budget of the Union and, taking into account the decisions on the basis of the reports referred to in number 50 above, establish the corresponding financial limits for the period up to the next Plenipotentiary Conference, having considered all relevant aspects of the activity of the Union during that period;
ADD 51A. - (d) establish, by applying the procedures set out in numbers 161D to 161G of this Constitution, the total number of contributory units for the period up to the Conference of Plenipotentiaries, on the basis of the contribution classes announced by Member States.
MOD 54. (f) elects Member States called upon to compose the Council;
MOD 57. - (i) consider and adopt, as appropriate, the proposals for amendments to this Constitution and the Convention, made by Member States, in accordance with the provisions of Article 55 of this Constitution and the relevant provisions of the Convention;
ADD 58A. - jbis) adopts the rules of procedure for conferences and other meetings of the Union and amendments to the Rules;
MOD 59C. (b) upon request made individually by two thirds of Member States and addressed to the Secretary-General;
MOD 59D. - (c) on the proposal of the Council, with the agreement of at least two thirds of the Member States.
ARTICLE 9 (CS)
Principles relating to elections and related matters
MOD 62. - (b) the Secretary-General, the Deputy Secretary-General, the directors of the Bureaux and the members of the Radio Regulations Committee shall be elected from among the candidates proposed by Member States as their nationals, that they be all nationals of different Member States and that, in their election, due consideration shall be given to equitable geographical distribution among the regions of the world; with regard to elected officials, due account should also be taken of the principles set forth in number 154 of the present Constitution;
MOD 63. (c) the members of the Radio Regulations Committee shall be elected individually; each Member State can only propose one candidate.
ARTICLE 10 (CS)
The Council
MOD 65. - 1. (1) The Council is composed of Member States elected by the Conference of Plenipotentiaries in accordance with the provisions of issue 61 of this Constitution.
MOD 69. - 4. (1) The Council shall take all measures to facilitate the implementation by Member States of the provisions of this Constitution, the Convention, the Administrative Regulations, the decisions of the Conference of Plenipotentiaries and, where appropriate, the decisions of the other conferences and meetings of the Union, as well as to carry out all other tasks assigned to it by the Conference of Plenipotentiaries.
MOD 70. - (2) It examines major telecommunications policy issues in accordance with the general guidelines of the Conference of Plenipotentiaries in order to ensure that the Union's political orientations and strategy are perfectly adapted to the constant evolution of the telecommunications environment and prepares a report on the recommended policy and strategic planning for the Union and their financial implications. It uses the data prepared by the Secretary-General pursuant to number 74A below.
ARTICLE 11 (CS)
General Secretariat
ADD 73A. - (2) The functions of the Secretary-General are set out in the Convention. In addition, the Secretary-General:
MOD 74. - (a) coordinate the activities of the Union with the assistance of the Coordinating Committee;
ADD 74A. - (b) prepare, with the assistance of the Coordinating Committee, the data necessary for the development of a report on the policy and strategic plan of the Union and coordinates the implementation of this plan;
MOD 75. - (c) takes all necessary measures to ensure that EU resources are used economically and is accountable to the Council for all administrative and financial aspects of the activities of the Union;
MOD 76. - (d) acts as a legal representative of the Union.
ADD 76A. - (3) The Secretary-General may act as depositary of special arrangements established in accordance with Article 42 of this Constitution.
CHAPTER II
Radiocommunication sector
ARTICLE 12 (CS)
Functions and structure
MOD 78. - 1. (1) The functions of the Radiocommunication Sector consist, bearing in mind the particular concerns of developing countries, of responding to the purpose of the Union concerning radiocommunications, as set out in Article 1 of this Constitution,
- ensuring the rational, equitable, effective and economic use of the spectrum of radio frequencies by all radiocommunication services, including those using the orbit of geostationary satellites or other orbits, subject to the provisions of Article 44 of this Constitution, and
- by conducting unrestricted studies on the range of frequencies, and adopting radiocommunication recommendations.
MOD 83. (c) assemblies of radiocommunications;
ADD 84A. - dbis) the Radiocommunication Advisory Group;
MOD 87. (a) of law, the administrations of all Member States;
MOD 88. (b) any entity or organization that becomes a Member of the Sector in accordance with the relevant provisions of the Convention.
ARTICLE 13 (CS)
Radiocommunication Conferences and Radiocommunication Meetings
MOD 90. - Two. World radio conferences are normally convened every two to three years; However, in accordance with the relevant provisions of the Convention, such a conference may not be convened or an additional conference may be convened.
MOD 91. - 3. Radiocommunication assemblies are normally convened every two to three years and may be associated in place and dates to world radio conferences in order to improve the efficiency and productivity of the Radiocommunication Sector. Radiocommunication assemblies establish the necessary technical basis for the work of the world radio conferences and follow up on all requests of the conferences; their functions are set out in the Convention.
MOD 92. - 4. The decisions of world radiocommunication conferences, radiocommunication assemblies and regional radiocommunication conferences must, in all cases, be in conformity with the provisions of this Constitution and the Convention. Decisions of radiocommunication assemblies or regional radiocommunication conferences must also, in all cases, be consistent with the provisions of the Radiocommunication Regulations. When adopting resolutions or decisions, conferences must take into account the predictable financial implications and should avoid adopting resolutions or decisions that might lead to the overtaking of the financial limits established by the Conference of Plenipotentiaries.
ARTICLE 14 (CS)
Radio Regulations Committee
ADD 93A. - Two. The Radio Regulations Committee consists of not more than 12 members or a number of members corresponding to 6% of the total number of Member States, according to the highest number.
MOD 95. - (a) approve procedural rules, which contain technical criteria, in accordance with the Radiocommunication Regulations and the decisions of the relevant radiocommunication conferences. These procedural rules are used by the Director and the Bureau in the application of the Radiocommunication Regulations to record the frequency assignments made by Member States. These rules can be commented on by governments and, in the event of persistent disagreement, the issue is subject to a next world radio conference.
MOD 97. - (c) to carry out all additional tasks relating to the assignment and use of frequencies, as indicated in issue 78 of this Constitution, in accordance with the procedures prescribed by the Radiocommunication Regulations, prescribed by a competent conference or by the Council with the consent of the majority of Member States for the preparation of such a conference or in execution of its decisions.
MOD 99. - (2) No member of the Committee shall, with respect to the exercise of his or her functions in the service of the Union, request or receive instructions from any government or from any member of any government or from any public or private organization or person. Members of the Committee must refrain from taking any action or joining any decision that may be incompatible with their status as defined in number 98 above.
MOD 100. - (3) Member States and Members of Sectors must respect the exclusively international character of the functions of the Committee members and refrain from seeking to influence them in the performance of their functions within the Committee.
ARTICLE 15 (CS)
Study Commissions and Radiocommunication Advisory Group
MOD 102. - The respective functions of the study commissions and the radiocommunication advisory group are set out in the Convention.
CHAPTER III
Telecommunications Standards Sector
ARTICLE 17 (CS)
Functions and structure
MOD 104. - 1. (1) The functions of the Telecommunications Standards Sector consist, bearing in mind the particular concerns of developing countries, of responding to the purpose of the Union regarding the standardization of telecommunications, as set out in Article 1 of this Constitution, by conducting studies on technical, operational and pricing issues, and by adopting recommendations on them for the standardization of telecommunications worldwide.
MOD 107. (a) World Telecommunications Standardization Meetings;
ADD 108A. - bbis) the Advisory Group on the Standardization of Telecommunications;
MOD 111. (a) of law, the administrations of all Member States;
MOD 112. (b) any entity or organization that becomes a Member of the Sector in accordance with the relevant provisions of the Convention.
ARTICLE 18 (CS)
World Telecommunications Standardization Assembly
MOD 113. - 1. The role of global telecommunications standardization assemblies is defined in the Convention.
MOD 114. - Two. World Telecommunications Standardization Meetings are convened every four years; However, an additional meeting may be organized in accordance with the relevant provisions of the Convention.
MOD 115. - 3. The decisions of the World Telecommunications Standardization Meetings shall, in all cases, be in conformity with the provisions of this Constitution, the Convention and the Administrative Regulations. When adopting resolutions or decisions, assemblies must take into account the predictable financial implications and should avoid adopting resolutions or decisions that may result in the overtaking of the financial limits established by the Conference of Plenipotentiaries.
ARTICLE 19 (CS)
Study Commissions and Telecommunications Standards Advisory Group
MOD 116. - The respective functions of the study commissions and the Telecommunications Standards Advisory Group are set out in the Convention.
CHAPTER IV
Telecommunications Development Sector
ARTICLE 21 (CS)
Functions and structure
MOD 122. - (b) to encourage, in particular through partnership, development, expansion and operation of telecommunications networks and services, in particular in developing countries, taking into account the activities of other bodies concerned, by strengthening the capacity for human resources development, planning, management, resource mobilization and research and development;
ADD 132A. - bbis) the Telecommunications Development Advisory Group;
MOD 135. (a) of law, the administrations of all Member States;
MOD 136. (b) any entity or organization that becomes a Member of the Sector in accordance with the relevant provisions of the Convention.
ARTICLE 22 (CS)
Telecommunications development conferences
MOD 142. - 4. Telecommunications development conferences do not develop Final Acts. Their conclusions take the form of resolutions, decisions, recommendations or reports. These conclusions must, in all cases, be consistent with the provisions of this Constitution, the Convention and the Administrative Regulations. When adopting resolutions or decisions, conferences must take into account the predictable financial implications and should avoid adopting resolutions or decisions that might lead to the overtaking of the financial limits established by the Conference of Plenipotentiaries.
ARTICLE 23 (CS)
Telecommunications Development Studies Commissions and Telecommunications Development Advisory Group
MOD 144. - The respective functions of the Telecommunications Development Commissions and the Telecommunications Development Advisory Group are set out in the Convention.
CHAPTER V
Other provisions relating to the operation of the Union
ARTICLE 25 (CS)
World Telecommunications Conferences
MOD 147. - Two. The decisions of the World Telecommunications Conferences are, in all cases, in accordance with the provisions of this Constitution and the Convention. During the adoption of resolutions or decisions, conferences must take into account the predictable financial implications and should avoid adopting resolutions or decisions that might lead to overtaking the financial limits set by the Conference of Plenipotentiaries.
ARTICLE 27 (CS)
Officials elected and Union staff
MOD 151. - (2) Member States and Members of Sectors must respect the exclusively international character of the functions of these elected officials and the staff of the Union, and refrain from seeking to influence them in the performance of their duties.
MOD 153. - (4) In order to ensure the effective functioning of the Union, any Member State whose national has been elected Secretary-General, Deputy Secretary-General or Director of a Bureau shall, to the extent possible, refrain from recalling that national between two Conferences of Plenipotentiaries.
ARTICLE 28 (CS)
Union Finance
MOD 159. - Two. The expenses of the Union are covered by:
ADD 159A. (a) contributions by Member States and members of Sectors;
ADD 159B. (b) other income specified in the Convention or in the Financial Regulations.
ADD 159C. - 2bis. Each Member State and each Sector Member shall pay an amount equal to the number of units corresponding to the class of contribution chosen by them, in accordance with numbers 160 to 161I below.
ADD 159D. - 2ter. The expenses of the regional conferences referred to in number 43 of this Constitution shall be borne by all Member States of the region concerned, according to their class of contribution and, where appropriate, on the same basis, by those of Member States of other regions that participated in such conferences.
MOD 160. - 3. (1) Member States and Members of Sectors freely choose the class of contribution that they intend to participate in the expenses of the Union.
MOD 161. - (2) Member States shall make their choice during a Conference of Plenipotentiaries in accordance with the scale of contribution classes and the conditions set out in the Convention and the procedures set out below.
ADD 161A. - (2 bis) Members of the Sectors shall make their choice in accordance with the scale of the contribution classes and the conditions set out in the Convention and the procedures set out below.
ADD 161B. - 3bis. (1) The Council, at its session prior to the Conference of Plenipotentiaries, sets out the provisional amount of the contributive unit, based on the draft financial plan for the corresponding period and the total number of contributive units.
ADD 161C. - (2) The Secretary-General shall inform Member States and Members of Sectors of the provisional amount of the contributive unit, determined under number 161B above, and shall invite Member States to notify the Secretary-General, no later than one week before the date fixed for the beginning of the Conference of Plenipotentiaries, of the class of contribution they select provisionally.
ADD 161D. - (3) The Conference of Plenipotentiaries determines, during its first week, the provisional upper limit of the contributive unit resulting from the measures taken by the Secretary-General pursuant to 161B and 161C above, taking into account any changes in contribution classes notified by Member States to the Secretary-General and the contribution classes that remain unchanged.
ADD 161E. - (4) Given the revised draft financial plan, the Conference of Plenipotentiaries determines the final upper limit of the amount of the contributory unit. The Secretary-General then invites Member States to announce before the end of the last week of the Conference of Plenipotentiaries, the class of contribution they choose definitively.
ADD 161F. - (5) Member States that have not notified the Secretary-General of their decision on the date fixed by the Conference of Plenipotentiaries retain the class of contribution they had previously chosen.
ADD 161G. - (6) The Conference of Plenipotentiaries then approved the final financial plan on the basis of the total number of contributive units corresponding to the final contribution classes chosen by Member States and the contribution classes of Members of Sectors on the date of approval of the financial plan.
ADD 161H. - Three. (1) The Secretary-General shall inform the Members of the Sectors of the final upper limit of the amount of the contributive unit and invite them to notify him, within three months of the closing date of the Conference of Plenipotentiaries, of the class of contribution they have chosen.
ADD 161I. - (2) Members of Sectors who have not notified the Secretary-General of their decision within this three-month period retain the class of contribution they had previously chosen.
MOD 162. - (3) Amendments to the scale of contribution classes, adopted by a Conference of Plenipotentiaries, will apply to the choice of contribution class during the next Plenipotentiary Conference.
MOD 163. - (4) The class of contribution chosen by a Member State or a Member of Sector is applicable from the first biennial budget following a Conference of Plenipotentiaries.
SUP 164
MOD 165. - 5. When choosing its class of contribution, a Member State shall not reduce it by more than two classes of contribution and the Council shall indicate to it the modalities for the progressive implementation of this reduction in the interval between the Conferences of Plenipotentiaries. However, in exceptional circumstances, such as natural disasters requiring the launch of international assistance programmes, the Conference of Plenipotentiaries may authorize a greater reduction in the number of contributory units when a Member State so requests and provides evidence that it can no longer maintain its contribution in the initially chosen class.
ADD 165bis. - 5 bis. In exceptional circumstances, such as natural disasters requiring the launch of international aid programmes, the Council may authorize a reduction in the number of contribution units when a Member State so requests and demonstrates that it can no longer maintain its contribution in the initially chosen class.
ADD 165A. - 5ter. Member States and members of the Sectors may at any time choose a class of contribution higher than that previously adopted.
SUP 166 and SUP 167
MOD 168. - 8. Member States and Members of Sectors pay their annual contribution in advance, calculated on the basis of the biennial budget approved by the Council and taking into account any adjustments adopted by the Council.
MOD 169. - 9. A Member State in arrears in its payments to the Union shall lose its right to vote set out in numbers 27 and 28 of this Constitution until the amount of its arrears is equal to or greater than the amount of contributions due for the preceding two years.
MOD 170. - 10. The specific provisions governing the financial contributions of Members of Sectors and other international organizations are contained in the Convention.
ARTICLE 31 (CS)
Legal capacity of the Union
MOD 176. - The Union enjoys, on the territory of each of its Member States, the legal capacity it needs to perform its functions and achieve its objectives.
ARTICLE 32 (CS)
Rules of procedure for conferences and other meetings
MOD 177. - 1. For the organization of their work and the conduct of their debates, the conferences and other meetings of the Union apply the rules of procedure of the conferences and other meetings of the Union adopted by the Conference of Plenipotentiaries.
MOD 178. - Two. Conferences, assemblies and the Council may adopt the rules they consider necessary in addition to those of the rules of procedure. However, these complementary rules must be consistent with the provisions of this Constitution, the Convention and the rules of procedure referred to in number 177 above; if these are complementary rules adopted by conferences or assemblies, they are published as documents of them.
CHAPTER VI
General telecommunications provisions
ARTICLE 33 (CS)
Right of the public to use the international telecommunications service
MOD 179. - Member States recognize to the public the right to correspond with the International Public Correspondence Service. Services, taxes and guarantees are the same for all users, in each correspondence category, without any priority or preference.
ARTICLE 34 (CS)
Stop telecommunications
MOD 180. - 1. Member States reserve the right to stop, in accordance with their national legislation, the transmission of any private telegram that would appear to be dangerous to the security of the State or contrary to its laws, to the public order or to the good morals, in charge of immediately advising the office of origin of the total order of the telegram or of any part thereof, except in the case that notification would appear dangerous to the security of the State.
MOD 181. - Two. Member States also reserve the right to interrupt, in accordance with their national legislation, any other private telecommunications that may appear dangerous for the security of the State or contrary to its laws, public order or good morals.
ARTICLE 35 (CS)
Suspension of service
MOD 182. - Each Member State reserves the right to suspend the international telecommunications service, either in a general manner or only for certain relations or for certain types of correspondence of departure, arrival or transit, with the responsibility of the Member State to notify each other immediately through the Secretary-General.
ARTICLE 36 (CS)
Accountability
MOD 183. - Member States do not accept any liability for users of international telecommunications services, particularly with respect to claims for damages.
ARTICLE 37 (CS)
Telecommunications secrets
MOD 184. - 1. Member States undertake to take all possible measures, consistent with the telecommunications system used, to ensure the secrecy of international correspondence.
ARTICLE 38 (CS)
Establishment, operation and backup of telecommunications routes and facilities
MOD 186. - 1. Member States take the necessary measures to establish, under the best technical conditions, the necessary routes and facilities to ensure the rapid and uninterrupted exchange of international telecommunications.
MOD 188. - 3. Member States shall ensure the protection of such facilities and facilities within their jurisdiction.
MOD 189. - 4. Unless specific arrangements setting other conditions, all Member States shall take the necessary measures to ensure the maintenance of those sections of international telecommunications circuits that are included within their control.
ADD 189A. - Member States recognize the need to take practical steps to prevent the operation of electrical appliances and installations of all kinds from disrupting the operation of telecommunications facilities within the jurisdiction of other Member States.
ARTICLE 39
Notification of contraventions
MOD 190. - In order to facilitate the application of the provisions of Article 6 of this Constitution, Member States undertake to provide mutual information and, where appropriate, to assist in the violation of the provisions of this Constitution, the Convention and the Administrative Regulations.
ARTICLE 42 (CS)
Special arrangements
MOD 193. - Member States reserve, for themselves, for the exploitations recognized by them and for other operations duly authorized for this purpose, the ability to enter into special arrangements on telecommunication issues that are not of interest to all Member States. However, such arrangements shall not contravene the provisions of this Constitution, the Convention or the Administrative Regulations, with regard to the detrimental interferences that their implementation would be likely to cause to the radiocommunication services of other Member States, and in general with respect to the technical damages that this application might cause to the operation of other telecommunications services of other Member States.
ARTICLE 43 (CS)
Regional conferences, regional arrangements, regional organizations
MOD 194. - Member States reserve the right to hold regional conferences, to conclude regional arrangements and to establish regional organizations, with a view to resolving telecommunications issues that may be addressed at a regional level. Regional arrangements should not contradict this Constitution or the Convention.
CHAPTER VII
Special provisions on radiocommunication
ARTICLE 44 (CS)
MOD. Use of radio frequency spectrum and geostationary orbit and other orbits
MOD 196. - Two. In the use of frequency bands for radiocommunication services, Member States must take into account that radio frequencies and associated orbits including the orbit of geostationary satellites are limited natural resources that must be used in a rational, efficient and economic manner, in accordance with the provisions of the Radiocommunication Regulations, in order to allow for equitable access of individual countries, or groups of countries to those special orbits and to those special frequencies
ARTICLE 45 (CS)
Harmful interference
MOD 197. - 1. All stations, regardless of their purpose, shall be established and operated in such a way as not to cause interference that is harmful to radio communications or services of other Member States, recognized operations and other operations duly authorized to provide a radiocommunication service, which operate in accordance with the provisions of the Radiocommunication Regulations.
MOD 198. - Two. Each Member State undertakes to require operations recognized by it and other farms duly authorized for this purpose to comply with the requirements of number 197 above.
MOD 199. - 3. In addition, Member States recognize the need to take practically possible measures to prevent the operation of electrical appliances and installations of all kinds from causing interference with radio communications or services referred to in number 197 above.
ARTICLE 47 (CS)
Signs of false or misleading distress, emergency, security or identification
MOD 201. - Member States undertake to take the necessary measures to suppress the transmission or release of false or misleading signs of being, emergency, security or identification, and to work together to locate and identify stations under their jurisdiction that issue such signals.
ARTICLE 48 (CS)
National Defence Services Facilities
MOD 202. - 1. Member States retain their full freedom with regard to military radio facilities.
CHAPTER VIII
Relations with the United Nations, other international organizations and non-Member States
ARTICLE 51 (CS)
Relations with non-member States
MOD 207. - All Member States reserve, for themselves and for recognized farms, the ability to determine the conditions under which they admit telecommunications exchanged with a State that is not a Member State of the Union. If a telecommunications officer of such a State is accepted by a Member State, it must be transmitted and, as long as it borrows the telecommunications channels of a Member State, the mandatory provisions of this Constitution, the Convention and the Administrative Regulations and the normal taxes are applied to it.
CHAPTER IX
Final provisions
ARTICLE 52 (CS)
Ratification, acceptance or approval
MOD 208. - 1. This Constitution and the Convention shall be ratified, accepted or approved simultaneously by any signatory Member State, in accordance with its constitutional rules, in the form of a single instrument. The instrument shall be deposited with the Secretary-General as soon as possible. The Secretary-General shall inform Member States of the deposit of each instrument.
MOD 209. - Two. (1) For a period of two years from the date of entry into force of this Constitution and the Convention, any signatory Member State shall enjoy the rights conferred on the Member States of the Union on issues 25 to 28 of this Constitution, even if it has not deposited an instrument of ratification, acceptance or approval under number 208 above.
MOD 210. - (2) At the expiry of a period of two years from the date of entry into force of this Constitution and of the Convention, a signatory Member State that has not deposited an instrument of ratification, acceptance or approval under number 208 above has no longer the capacity to vote at any conference of the Union, at any session of the Council, at any meeting of the Union Sectors, nor at any such consultation The rights of that Member State, other than voting rights, are not affected.
ARTICLE 53 (CS)
Access
MOD 212. - 1. A Member State that has not signed this Constitution and the Convention or, subject to the provisions of Article 2 of this Constitution, any other State referred to in that Article may adhere at all times to this Constitution and the Convention. This accession is done simultaneously in the form of a single instrument covering both the Constitution and the Convention.
MOD 213. - Two. The instrument of accession shall be deposited with the Secretary-General, who shall notify the Member States of its deposit as soon as it receives it and shall transmit a authenticated copy to each of them.
ARTICLE 54 (CS)
Administrative regulations
ADD 216A. - The Administrative Regulations referred to in number 216 above shall remain in force, subject to revisions that may be adopted pursuant to numbers 89 and 146 of this Constitution and are in force. Any revision of the by-laws, in whole or in part, shall enter into force from the date or dates referred to therein only for Member States that notified the Secretary-General before that date or date, their consent to be bound by such revision.
SUP 217
ADD 217A. - The consent of a Member State to be bound by a partial or total revision of the Administrative Regulations is expressed by the deposit, with the Secretary-General, of an instrument of ratification, acceptance or approval of the revision or accession to it or by the notification to the Secretary-General of the consent of the State to be bound by the revision.
ADD 217B. - Any Member State may also notify the Secretary-General that ratification, acceptance, approval of amendments or accession to amendments to this Constitution or to the Convention in accordance with Article 55 of the Constitution or 42 of the Convention, is for its consent to be bound by any partial or total revision of the Administrative Regulations adopted by a competent conference prior to the signature of the amendments in question to this Constitution or the Convention.
ADD 217C. - The notification referred to in number 217B above shall be made at the time of deposit by the Member State of its instrument of ratification, acceptance, approval of amendments or accession to the amendments to this Constitution or to the Convention.
ADD 217D. - Any revision of the Administrative Regulations shall apply provisionally from the date of entry into force of this revision with respect to any Member State that has signed this revision, and has not notified the Secretary-General of its consent to be bound pursuant to 217A and 217B above. Such a provisional application is only effective if the Member State in question did not object to it when the revision was signed.
MOD 218. - 4. This provisional application shall continue for a Member State until such Member State shall notify the Secretary-General of its decision concerning its consent to be bound by such revision.
SUP 219
SUP 220
SUP 221
ADD 221A. - If a Member State fails to notify the Secretary-General of its decision concerning its consent to be bound in accordance with number 218 above within thirty-six months of the date or date of entry into force of the revision, that Member State shall be deemed to have consented to be bound by that revision.
ADD 221B. - Any provisional application within the meaning of number 217D or any consent to be bound within the meaning of number 221A shall be consistent with any reservation that the Member State concerned may have made when signing the revision. Any consent to be bound within the meaning of 216A, 217A, 217B and 218 above shall be in the light of any reservation that the Member State concerned may have made during the signing of the Administrative Regulations or any revision thereof, provided that the Member State maintains the reservation when notifying the Secretary-General of its consent to be bound.
SUP 222
MOD 223. - 7. The Secretary-General shall promptly inform Member States of any notification received under this article.
ARTICLE 55 (CS)
Provisions to amend this Constitution
MOD 224. - 1. Any Member State may propose any amendment to this Constitution. Such a proposal must, in order to be transmitted to all Member States and to be considered by them in due course, reach the Secretary-General no later than eight months before the opening date for the Conference of Plenipotentiaries. The Secretary-General shall transmit such a proposal to all Member States as soon as possible and no later than six months before that date.
MOD 225. - Two. Any proposal to amend an amendment proposed in accordance with number 224 above may, however, be submitted at any time by a Member State or its delegation to the Conference of Plenipotentiaries.
MOD 228. - 5. General provisions concerning conferences and rules of procedure for conferences and other meetings shall apply, unless the preceding paragraphs of this rule, which prevail, otherwise do not.
MOD 229. - 6. All amendments to this Constitution adopted by a Conference of Plenipotentiaries come into force, on a date fixed by the Conference, in their entirety and in the form of a single instrument of amendment, between the Member States that have deposited before that date their instrument of ratification, acceptance, approval or accession to this Constitution and the instrument of amendment. Ratification, acceptance, approval or accession to only part of this amendment instrument is excluded.
MOD 230. - 7. The Secretary-General shall notify all Member States of the deposit of each instrument of ratification, acceptance, approval or accession.
ARTICLE 56 (CS)
Settlement of disputes
MOD 233. - 1. Member States may settle their disputes on matters relating to the interpretation or application of this Constitution, the Convention or the Administrative Regulations, by negotiation, diplomatic means, or by procedures established by bilateral or multilateral treaties between them for the settlement of international disputes, or by any other method that they may decide on by mutual agreement.
MOD 234. - Two. In the event that none of these means of settlement is adopted, any Member State Party in a dispute may resort to arbitration in accordance with the procedure set out in the Convention.
MOD 235. - 3. The Optional Protocol on the Mandatory Settlement of Disputes relating to this Constitution, the Convention and the Administrative Regulations is applicable between Member States parties to this Protocol.
ARTICLE 57 (CS)
Waiver of this Constitution and the Convention
MOD 236. - 1. Any Member State that has ratified, accepted or approved this Constitution and the Convention or acceded to it has the right to denounce them. In such cases, this Constitution and the Convention are denounced simultaneously in the form of a single instrument, by a notification addressed to the Secretary-General. Upon receipt of this notification, the Secretary-General shall notify the other Member States.
ARTICLE 58 (CS)
Entry into force and related matters
MOD 241. - 4. The original of this Constitution and the Convention in the English, Arabic, Chinese, Spanish, French and Russian languages will remain deposited in the archives of the Union. The Secretary-General shall, in the requested languages, send a certified copy to each signatory Member State.
PART II
Effective date
The amendments contained in this instrument shall enter into force, in their entirety and in the form of a single instrument, on 1^er January 2000 between Member States that are then parties to the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992) and which have deposited before that date their instrument of ratification, acceptance or approval of this instrument or accession to it.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries signed the original of this instrument of amendment to the Constitution of the International Telecommunication Union (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994).
Done in Minneapolis, November 6, 1998
ANNEX (CS)
Definition of certain terms used in this Constitution, the Convention and the Administrative Regulations of the International Telecommunication Union
ADD 1001A. - Member State: State which is considered to be a Member of the International Telecommunication Union pursuant to the provisions of Article 2 of this Constitution.
ADD 1001B. - Sector Member: Entity or organization allowed, in accordance with the provisions of Article 19 of the Convention, to participate in the activities of a Sector.
ADD 1005. - Delegation: All delegates and, possibly, representatives, advisers, attachés or interpreters sent by the same Member State.
Each Member State is free to compose its delegation at its convenience. In particular, it may include, among other things, as delegates, advisers or assistants, persons belonging to any entity or organization authorized in accordance with the relevant provisions of the Convention.
MOD 1006. - Delegate: Person sent by the government of a Member State to a Conference of Plenipotentiaries, or person representing the government or administration of a Member State at another conference or meeting of the Union.
MOD 1008. - Recognized operation: Any operation meeting the above definition, which operates a public correspondence or broadcasting service and to which the obligations set out in Article 6 of this Constitution are imposed by the Member State in whose territory the head office of the operation is installed or by the Member State that authorized the operation to establish and operate a telecommunications service in its territory.
AMENDMENT INSTRUMENT
to the International Telecommunication Union Convention (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994)
(Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998))
CONVENTION DE L'UNION INTERNATIONALE DES TELECOMMUNICATIONS (3) (GENEVE, 1992)
PART I
Foreword
Pursuant to and in accordance with the relevant provisions of the International Telecommunication Union Convention (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994), and in particular the provisions of Article 55, the Conference of Plenipotentiaries of the International Telecommunication Union (Minneapolis, 1998) adopted the following amendments to the Convention:
CHAPTER I
Functioning of the Union
SECTION 1
ARTICLE 1 (CV)
The Conference of Plenipotentiaries
MOD 2. - (2) If this is practically possible, the precise location and exact dates of a Conference of Plenipotentiaries are set by the previous Conference of Plenipotentiaries; otherwise, this place and dates are determined by the Council with the agreement of the majority of Member States.
MOD 4. - (a) at the request of at least one quarter of Member States, addressed individually to the Secretary-General;
MOD 6. - (2) These changes require the agreement of the majority of Member States.
Article 2 (CV)
Elections and related matters
The Council
MOD 7. - 1. Except in the event of a holiday occurring under the conditions specified in numbers 10 to 12 below, Member States elected to the Council shall fulfil their mandate until the date on which a new Council is elected. They are eligible for re-election.
MOD 8. - Two. (1) If, between two Conferences of Plenipotentiaries, a vacancy occurs within the Council, the seat returns from right to the Member State which obtained, during the last election, the largest number of votes among Member States that are part of the same region and whose candidature has not been held.
MOD 9. - (2) When, for any reason, a vacant seat cannot be filled by complying with the procedure set out in number 8 above, the President of the Council invites other Member States in the region to apply within one month of the date of appeal. At the end of this period, the President of the Council invites Member States to elect the new Member State of the Council. The election is held by secret ballot by correspondence. The same majority as the above is required. The new Member State of the Council retains its position until the election of the new Council by the next competent Plenipotentiary Conference.
MOD 12. - (b) when a Member State dismisses its functions as a Member State of the Council.
Article 3 (CV)
Other conferences and assemblies
MOD 23. - 1. In accordance with the relevant provisions of the Constitution, the following international conferences and assemblies of the Union are normally convened in the interval between two Conferences of Plenipotentiaries:
MOD 24. (a) one or two world radiocommunication conferences;
MOD 25. (b) a World Telecommunication Standardization Assembly;
MOD 27. - (d) one or two assemblies of radiocommunications.
SUP 29
MOD 30. - a global assembly for the standardization of additional telecommunications can be convened.
MOD 33. - (b) on the recommendation of the previous global conference or meeting of the Sector concerned, subject to approval by the Council; in the case of the Radiocommunication Assembly, the recommendation of the meeting is forwarded to the following world radiocommunication conference for comments to the Commission.
MOD 34. - (c) at the request of at least one quarter of Member States, addressed individually to the Secretary-General;
MOD 39. - (c) at the request of at least one quarter of the Member States belonging to the region concerned, addressed individually to the Secretary-General;
MOD 41. - 5. (1) The precise location and exact dates of a global or regional conference or a meeting of a Sector can be set by a Conference of Plenipotentiaries.
MOD 42. - (2) In the absence of a decision on this subject, the precise location and the exact dates are determined by the Council with the agreement of the majority of Member States if it is a world conference or an assembly of a Sector, and the majority of Member States belonging to the region concerned if it is a regional conference; in both cases, the provisions of number 47 below apply.
MOD 44. - (a) at the request of at least one quarter of the Member States if it is a global conference or a meeting of a Sector, or a quarter of the Member States belonging to the region concerned if it is a regional conference. Requests shall be addressed individually to the Secretary-General who shall apply to the Council for approval;
MOD 46. - (2) In the cases referred to in numbers 44 and 45 above, the proposed amendments are definitively adopted only with the agreement of the majority of Member States if it is a world conference or an assembly of a Sector, or the majority of Member States belonging to the region concerned if it is a regional conference, subject to the provisions of number 47 below.
MOD 47. - 7. In the consultations referred to in numbers 42, 46, 118, 123, 138, 302, 304, 305, 307 and 312 of this Convention, Member States that have not responded within the time limit set by the Council are considered not having participated in these consultations and accordingly are not taken into consideration in calculating the majority. If the number of replies received does not exceed half of the number of Member States consulted, a new consultation will be conducted which will determine the number of votes cast.
SECTION 2
Article 4 (CV)
The Council
MOD 50. - 1. The number of Member States of the Council is set by the Conference of Plenipotentiaries, which is held every four years.
MOD 50A. - Two. This number should not exceed 25 per cent of the total number of Member States.
MOD 53. - (3) In the interval of ordinary sessions, it may be convened, in principle at the seat of the Union, by its President, at the request of the majority of its Member States, or at the initiative of its President under the conditions set out in number 18 of this Convention.
MOD 55. - 4. At the beginning of each regular session, the Council shall elect, from among the representatives of its Member States and taking into account the principle of regional rotation, its own President and Vice-President. They remain in office until the opening of the next ordinary session and are not re-elected. The Vice-Chair replaces the Chair in the absence of the Chair.
MOD 56. - 5. To the extent possible, the person designated by a Member State of the Council to serve on the Council is a member of its telecommunications administration or is directly responsible to or on behalf of the Board; this person must be qualified because of his or her experience in telecommunications services.
MOD 57. - 6. Only the travel, subsistence and insurance costs incurred by the representative of each Member State of the Council to perform its functions at the Council sessions are borne by the Union.
MOD 58. - 7. The representative of each Member State of the Council has the right to attend as an observer at all meetings of the Union Sectors.
MOD 60. - 9. The Secretary-General, the Deputy Secretary-General and the directors of the Bureau shall participate fully in the deliberations of the Council, but shall not participate in the voting. However, the Council may hold meetings only for representatives of its Member States.
ADD 60A. - A Member State that is not a Member of the Council may, if it so advises the Secretary-General, send an observer to meetings of the Council, its committees and its working groups at its own expense. An observer does not have the right to vote or the right to speak.
MOD 61. - 10. The Council shall consider annually the report prepared by the Secretary-General on the implementation of the strategic plan adopted by the Conference of Plenipotentiaries and shall follow up on it as appropriate.
MOD 69. - (3) shall make the necessary decisions to ensure the equitable geographical distribution of Union staff and representation of women in the professional and higher categories and control the execution of such decisions;
MOD 73. - (7) shall review and decide on the Union's biennial budget and consider the budget estimates for the two-year cycle following the budget, taking into account the decisions of the Conference of Plenipotentiaries concerning the number 50 of the Constitution and the financial limits established by the Conference in accordance with the provisions of issue 51 of the Constitution; it realizes all possible savings, but keeps in mind the obligation of the Union to achieve satisfactory results as quickly as possible. In doing so, the Council takes into account the views of the Coordinating Committee set out in the report of the Secretary-General referred to in number 86 of this Convention and the financial management report referred to in number 101 of this Convention;
MOD 75. - (9) shall make the necessary arrangements for the convening of conferences or assemblies of the Union and shall provide to the General Secretariat and the Union Sectors, with the agreement of the majority of Member States if it is a world conference or assembly, or of the majority of Member States belonging to the region concerned if it is a regional conference, appropriate directives with regard to their technical and other assistance to the conferences or meetings;
MOD 79. - (13) shall take all necessary steps, after agreement of the majority of Member States, to resolve on a provisional basis the cases not provided for in the Constitution, in this Convention, in the Administrative Regulations and their Annexes, for the solution of which it is no longer possible to wait for the following competent conference;
MOD 81. - (15) send to Member States as soon as possible after each of its sessions, summary records of its work, as well as any documents it deems useful;
SECTION 3
ARTICLE 5 (CV)
General Secretariat
MOD 86. - (c) prepare, with the assistance of the Coordinating Committee, and submit to the Council a report on the evolution of the telecommunications environment since the last Conference of Plenipotentiaries and containing recommendations on the future policy and strategy of the Union, as well as an assessment of their financial implications;
ADD 86A. - cbis) coordinates the implementation of the strategic plan adopted by the Conference of Plenipotentiaries and prepares an annual report on this implementation for consideration by the Council.
ADD 87A. - dbis) shall annually establish, for consideration by the Board, an operational plan and a financial plan for the activities to be undertaken by the staff of the General Secretariat to facilitate the implementation of the strategic plan.
MOD 100. - (q) after consultation with the Coordinating Committee and having made all possible savings, prepares and submits to the Council a draft biennial budget covering the expenses of the Union taking into account the financial limits set by the Conference of Plenipotentiaries. This budget proposal consists of a comprehensive budget comprising the cost-based budgets of each of the three Sectors, prepared in accordance with the Secretary-General's budgetary directives and comprising two versions. One version corresponds to zero growth for the contributive unit, the other to a growth of less than or equal to any limit set by the Conference of Plenipotentiaries after possible withdrawal from the reserve account. The resolution on the budget, after approval by the Council, is transmitted for information to all Member States;
MOD 102. - (s) with the assistance of the Coordinating Committee, shall prepare an annual report on the activity of the Union transmitted, after approval by the Council, to all Member States;
ADD 102A. - sbis) manages the special arrangements referred to in number 76A of the Constitution, the cost of this management to be borne by the signatories of these arrangements in a manner established by agreement between them and the Secretary-General.
SECTION 4
ARTICLE 6 (CV)
Coordinating Committee
MOD 109. - Two. The Committee must endeavour to formulate its conclusions by unanimous agreement. If it is not supported by the majority of the Committee, the Chairperson may, in exceptional circumstances, make decisions under his or her own responsibility, if he or she considers that the resolution of the issues in question is urgent and cannot wait for the next session of the Council. In these circumstances, the Committee shall report promptly and in writing to the Member States of the Council on these matters, indicating the reasons for making such decisions, and providing them with the written views of the other members of the Committee. If the issues under such circumstances are not urgent but important, they must be considered by the Council at its next session.
SECTION 5
Radiocommunication sector
Article 7 (CV)
World Radiocommunication Conferences
MOD 117. - (d) the determination of the themes that the Radiocommunication Assembly and the Radiocommunication Studies Commissions should consider, as well as the issues that this Assembly should consider with regard to future radiocommunication conferences.
MOD 118. - (2) The general framework for this agenda should be set four to six years in advance and the final agenda shall be fixed by the Council preferably two years before the conference, with the agreement of the majority of Member States, subject to the provisions of issue 47 of this Convention. Both versions of the agenda are based on the recommendations of the World Radiocommunication Conference, pursuant to the provisions of issue 126 of this Convention.
MOD 121. - (a) at the request of at least one quarter of the Member States, addressed individually to the Secretary-General for approval by the Council; or
MOD 123. - (2) The draft amendments to the agenda of a world radiocommunication conference are definitively adopted only with the agreement of the majority of Member States, subject to the provisions of issue 47 of this Convention.
ARTICLE 8 (CV)
Radiocommunication assemblies
MOD 131. - (1) examines the reports of the study commissions established in accordance with the provisions of issue 157 of this Convention and approves, amends or rejects the draft recommendations contained in these reports, and considers the reports of the Radiocommunication Advisory Group established in accordance with the provisions of issue 160H of this Convention;
MOD 136. - (6) reports to the following World Radiocommunication Conference on the progress of work on issues that may be on the agenda of future Radiocommunication Conferences.
ADD 137A. - A radiocommunication assembly may address specific issues within its area of competence to the Radiocommunication Advisory Group.
ARTICLE 9 (CV)
Regional Radiocommunication Conferences
MOD 138. - The agenda of a regional radiocommunication conference can be limited to specific regional radiocommunication issues, including guidelines for the Radio Regulations Committee and the Radiocommunication Bureau for their activities of relevance to the region to which they are concerned, provided that these directives are not contrary to the interests of other regions. Only items on its agenda can be debated. The provisions of numbers 118 to 123 of this Convention apply to regional radiocommunication conferences, but only with regard to the Member States of the region concerned.
SUP 139
ARTICLE 11 (CV)
Radiocommunication Studies Commissions
MOD 149. - Two. (1) Radiocommunication Studies Commissions shall consider matters adopted in accordance with a procedure established by the Radiocommunication Assembly and prepare draft recommendations to be adopted in accordance with the procedure set out in numbers 246A to 247 of this Convention.
ADD 149B. - (2) Radiocommunication Studies Commissions are also studying themes identified in the resolutions and recommendations of world radiocommunication conferences. The results of these studies are contained in recommendations or reports prepared in accordance with number 156 below.
MOD 150. - (3) Subject to the provisions of issue 158 below, the study of the above-mentioned issues and themes focuses on:
MOD 151. - (a) the use of the spectrum of radio frequencies in Earth radiocommunications and space radiocommunications and the orbit of geostationary satellites and other orbits;
MOD 155. - (3) As a general rule, these studies do not address economic issues, but in cases where they involve comparisons between several technical or operational solutions, economic factors may be considered.
ADD
ARTICLE 11A (CV)
Radio Advisory Group
ADD 160A. - 1. The Radiocommunication Advisory Group is open to the participation of representatives of the administrations of Member States and representatives of the members of the Sector as well as the chairs of the study commissions; He acts through the director.
ADD 160B. - Two. The Radiocommunication Advisory Group:
ADD 160C. - (1) examines the priorities, programs, operations, financial issues and strategies for radiocommunication assemblies, commissions of study and the preparation of radiocommunication conferences, as well as any specific issues entrusted to it by a conference of the Union, a meeting of radiocommunications or the Council;
ADD 160D. (2) examines the progress made in the implementation of the work programme established in accordance with the provisions of number 132 of this Convention;
ADD 160E. - (3) provides guidelines for the work of study commissions;
ADD 160F. - (4) recommends measures to encourage cooperation and coordination with other standardization bodies, with the Telecommunications Standards Sector, the Telecommunications Development Sector and the General Secretariat;
ADD 160G. (5) adopts its own working methods consistent with those adopted by the Radiocommunication Assembly;
ADD 160H. - (6) prepares a report to the Director of the Radiocommunication Office, indicating the measures taken with respect to the above points.
ARTICLE 12 (CV)
Radiocommunication Bureau
MOD 164. - (a) coordinates the preparatory work of the study commissions and the Bureau, communicates to Member States and members of the Sector the results of this work, collects their comments and submits a synthesis report to the conference, which may include regulatory proposals;
MOD 169. (b) communicate to all Member States the Committee ' s procedural rules and collect the comments submitted by Governments on this matter;
ADD 175A. - 3bis) provides the necessary support to the Radiocommunication Advisory Group and reports annually to Member States and members of the Radiocommunication Sector and to the Advisory Group on the results of its work;
ADD 175B. - 3ter) takes concrete steps to facilitate the participation of developing countries in the work of the radiocommunication study commissions.
MOD 177. - (a) conducts studies to provide advice for the operation of as large as possible a number of radio tracks in the spectrum regions where harmful interference can occur, as well as for the equitable, effective and economic use of the orbit of geostationary satellites and other orbits, taking into account the needs of Member States that require special development assistance,
MOD 178. - (b) exchange with Member States and members of the Data Sector in a form accessible by automatic reading and in other forms, prepares and maintains the documents and databases of the Radiocommunication Sector and takes all necessary measures with the Secretary-General, as necessary, to be published in the working languages of the Union in accordance with issue 172 of the Constitution;
MOD 180. - (d) reports, in a report to the World Radiocommunication Conference, on the activity of the Sector since the last conference; if no global radiocommunication conference is scheduled, a report on the activity of the Sector during the two-year period following the last conference is submitted to the Council and, for information, to Member States and Members of the Sector;
ADD 181A. - ebis) shall annually, for consideration by the Radiocommunication Advisory Group in accordance with Article 11A of this Convention and for communication to the Council, establish an operational plan and financial plan for the activities to be undertaken by the Bureau to assist the Sector as a whole.
Section 6
Telecommunications Standards Sector
ARTICLE 13 (CV)
MOD
World Telecommunication Standardization Assembly
MOD 184. - 1. In accordance with number 104 of the Constitution, a World Telecommunication Standardization Meeting is convened to discuss specific issues related to the standardization of telecommunications.
MOD 185. - Two. The issues to be considered by a World Telecommunication Standardization Assembly, on which recommendations are made, are those adopted by the Assembly in accordance with its own procedures or those laid down by the Conference of Plenipotentiaries, by another conference or by the Council.
MOD 186. - 3. In accordance with the provisions of number 104 of the Constitution, the Assembly:
MOD 187. - (a) consider the reports prepared by the study commissions in accordance with the provisions of issue 194 of this Convention and approves, amends or rejects the draft recommendations contained in these reports, and considers the reports prepared by the Advisory Group on the Standardization of Telecommunications in accordance with the provisions of issue 197J and 197K of this Convention;
MOD 190. (d) gathers, as far as possible, issues of interest to developing countries in order to facilitate the participation of developing countries in their study;
ADD 191A. - 4. A World Telecommunication Standardization Assembly may assign specific issues within its area of competence to the Advisory Group on Telecommunications Standardization, indicating the measures to be taken on these issues.
ADD 191B. - 5. The World Telecommunications Standardization Assembly is chaired by a person designated by the Government of the country where the meeting takes place or, where the meeting is held at the Union Headquarters, by a person elected by the Assembly itself; the president is assisted by Vice-Presidents elected by the assembly.
ARTICLE 14 (CV)
Telecommunications Standards Studies Commissions
MOD 192. - 1. (1) Telecommunications Standardization Commissions shall consider matters adopted in accordance with a procedure established by the World Telecommunications Standardization Assembly and prepare draft recommendations to be adopted in accordance with the procedure set out in numbers 246A to 247 of this Convention.
MOD 194. - (3) Each study board shall prepare, for the purpose of the World Telecommunications Standardization Assembly, a report indicating the status of its work, the recommendations adopted in accordance with the consultation procedure set out in issue 192 above and the new or revised draft recommendations to be considered by the meeting.
MOD 197. - 4. In order to facilitate the review of the activities of the Telecommunications Standards Sector, measures should be taken to encourage cooperation and coordination with other standardization organizations, with the Radiocommunication Sector and with the Telecommunications Development Sector. A World Telecommunication Standardization Assembly sets out specific obligations, terms and conditions of participation and rules of application of these measures.
ADD
ARTICLE 14A (CV)
Advisory Group on the Standardization of Telecommunications
ADD 197C. - 1. The Advisory Group on the Standardization of Telecommunications is open to the participation of representatives of the administrations of Member States and representatives of the members of the Sector and the chairs of the study commissions.
ADD 197D. - Two. The Advisory Group on the Standardization of Telecommunications:
ADD 197E. (1) examines priorities, programs, operations, financial issues and strategies for the activities of the Telecommunications Standards Sector;
ADD 197F. - (2) examines the progress made in the implementation of the work programme established in accordance with the provisions of number 188 of this Convention;
ADD 197G. - (3) provides guidelines for the work of study commissions;
ADD 197H. - (4) recommends measures to encourage cooperation and coordination with other relevant agencies and with the Radiocommunication Sector, the Telecommunications Development Sector and the General Secretariat;
ADD 197I. - (5) adopts working methods consistent with those adopted by the World Telecommunications Standardization Assembly;
ADD 197J. - (6) shall prepare a report to the Director of the Telecommunications Standardization Office, indicating the measures taken with respect to the above points;
ADD 197K. - (7) shall prepare a report to the World Telecommunications Standardization Assembly on the matters assigned to it pursuant to number 191A and forward it to the Director for submission to the meeting.
ARTICLE 15 (CV)
Office for the Standardization of Telecommunications
MOD 200. - (a) update annually, in consultation with the chairs of the Telecommunications Standards Commissions, the work programme approved by the World Telecommunications Standardization Assembly;
MOD 201. - (b) participate in law but in an advisory capacity in the deliberations of the World Telecommunications Standardization Meetings and the Telecommunications Standardization Commissions. The Director shall take all necessary measures for the preparation of meetings and meetings of the Telecommunications Standards Sector by consulting the General Secretariat in accordance with the provisions of number 94 of this Convention and, if necessary, the other Sectors of the Union, and with due regard to the directives of the Council concerning the execution of this preparation;
MOD 202. - (c) processes the information provided by the administrations in accordance with the relevant provisions of the International Telecommunications Regulations or the decisions of the World Telecommunications Standardization Assembly and prepares, where appropriate, for publication in an appropriate form;
MOD 203. - (d) exchange with Member States and Members of the Data Sector in a form accessible by automatic reading and in other forms, establish and, as appropriate, maintain the documents and databases of the Telecommunications Standards Sector and take appropriate action with the Secretary-General, as necessary, to be published in the working languages of the Union in accordance with issue 172 of the Constitution;
MOD 204. - (e) reports, in a report submitted to the World Telecommunication Standards Assembly, on the activity of the Sector since the last meeting and submits to the Council and to the Member States and Members of the Sector a report on the activity of the Sector during the two-year period following the last meeting, unless a second meeting is convened;
ADD 205A. - fbis) shall annually establish, for consideration by the Advisory Group on Telecommunications Standards and for communication to the Council, an operational plan and a financial plan for the activities to be undertaken by the Office to assist the Sector as a whole.
ADD 205B. - (g) provides the necessary support to the Telecommunications Standards Advisory Group and reports annually to Member States and Members of the Telecommunications Standards Sector and to the Council on the results of its work.
ADD 205C. - (h) provides assistance to developing countries in the preparatory work of the World Standardization Assembly, in particular for the consideration of issues of a priority to those countries.
SECTION 7
Telecommunications Development Sector
ARTICLE 16 (CV)
Telecommunications development conferences
MOD 213. - Two. The draft telecommunications development conference agenda is prepared by the Director of the Telecommunications Development Office; shall be submitted by the Secretary-General for approval by the Council with the consent of a majority of Member States in the case of a world conference or a majority of Member States belonging to the region concerned in the case of a regional conference, subject to the provisions of issue 47 of this Convention.
ADD 213A. - 3. A global telecommunications development conference can be sent to the Advisory Group, for advice, for the development of telecommunications of specific issues within its area of competence.
ARTICLE 17 (CV)
Telecommunications Development Studies Commissions
ADD 215A. - 3. Each Telecommunications Development Commission prepares a report for the World Telecommunications Development Conference indicating the status of work as well as possible new or revised draft recommendations for consideration by the Conference.
ADD 215B. - 4. The Telecommunications Development Commissions are studying Questions and developing draft recommendations to be adopted in accordance with the procedures set out in numbers 246A to 247 of this Convention.
ADD
ARTICLE 17A (CV)
Advisory Group on Telecommunication Development
ADD 215C. - 7. The Telecommunications Development Advisory Group is open to the participation of representatives of the administrations of Member States and representatives of the Sector Members, as well as the chairs and vice-chairs of the study commissions.
ADD 215D. - 8. The Telecommunications Development Advisory Group:
ADD 215E. (1) examines priorities, programs, operations, financial issues and strategies for the activities of the Telecommunications Development Sector;
ADD 215F. - (2) examines the progress made in the implementation of the work programme established in accordance with the provisions of number 209 of this Convention;
ADD 215G. - (3) provides guidelines for the work of study commissions;
ADD 215H. - (4) recommends measures to encourage cooperation and coordination with the Radiocommunication Sector, the Telecommunications Standards Sector and the General Secretariat and other relevant development and funding institutions;
ADD 215I. (5) adopts its own working methods consistent with those adopted by the World Telecommunications Development Conference;
ADD 215J. - (6) prepare a report to the Director of the Telecommunications Development Office, indicating the measures taken with respect to the above points;
ADD 215K. - 9. Representatives of bilateral development cooperation and assistance organizations and multilateral development institutions may be invited by the Director to participate in the advisory group meetings.
ARTICLE 18 (CV)
Telecommunications Development Office
MOD 222. - (e) reports, in a report submitted to the World Telecommunications Development Conference, on the activity of the Sector since the previous conference and submit to the Council and to Member States and Members of the Sector a report on the activity of the Sector during the two-year period following the previous conference;
(MOD) 223. - (f) establish an estimated budget based on the costs associated with the needs of the Telecommunications Development Sector and transmit it to the Secretary-General for consideration by the Coordinating Committee and incorporated in the Union budget;
ADD 223A. - (fbis) annually, for consideration by the Advisory Group on Telecommunications Development and for communication to the Council, establish an operational plan and financial plan for the activities to be undertaken by the Office to assist the Sector as a whole;
ADD 223B. - (g) provides the necessary support to the Telecommunications Development Advisory Group and reports annually to Member States and Members of the Telecommunications Development Sector and to the Council on the results of its work.
MOD 224. - 3. The Director works in collaboration with other elected officials and works to strengthen the Union's catalytic role in stimulating the development of telecommunications; it shall make the necessary arrangements, in collaboration with the Director of the Bureau concerned, to undertake appropriate actions, for example by convening information meetings on the activities of the corresponding Sector.
MOD 225. - 4. At the request of interested Member States, the Director, with the assistance of the directors of the other Bureaux and, where appropriate, the Secretary-General, shall conduct studies and advise on matters relating to national telecommunications of those States. In cases where this study involves the comparison of several possible technical solutions, economic factors may be considered.
SUP 227
SECTION 8
Provisions common to the three Sectors
ARTICLE 19 (CV)
Participation of entities and organizations other than administrations in the activities of the Union
MOD 229. - (a) recognized operations, scientific or industrial organizations and funding or development organizations approved by the Member State concerned;
MOD 230. - (b) other entities dealing with telecommunications issues approved by the Member State concerned;
MOD 233. - 3. Any request for participation in the work of a Sector formulated by an entity referred to in number 229 above in accordance with the relevant provisions of the Constitution and this Convention and approved by the Member State concerned shall be addressed to the Secretary-General by the State concerned.
MOD 234. - 4. Any request by an entity referred to in number 230 above submitted by the Member State concerned shall be dealt with in accordance with a procedure established by the Council. Compliance with such a request with this procedure is subject to review by the Commission.
ADD 234A. - 4bis. An application for admission as a Member of a Sector from one of the entities referred to in number 229 or 230 above may also be sent directly to the Secretary-General. Member States that authorize such entities to send a request directly to the Secretary-General should inform the Secretary-General accordingly. The entities whose Member State has not informed the Secretary-General do not have the opportunity to address directly to the Secretary-General. The Secretary-General must periodically update and publish the list of Member States that have authorized entities under their jurisdiction or sovereignty to address directly to him.
ADD 234B. - 4ter. When a request is directly received from an entity in accordance with number 233A above, the Secretary-General shall, in the light of the criteria defined by the Council, ensure that the candidate's function and objectives are in accordance with the purpose of the Union. The Secretary General then promptly informs the Member State of this request by inviting it to approve it. If the Secretary-General does not receive an objection from the Member State within 4 months, he shall send him a reminder telegram. If, within 4 months of the date of the recall telegram, the Secretary-General does not receive an objection, the application is considered to be approved. If he receives an objection from the Member State, the Secretary General invites the applicant to contact the Member State concerned.
ADD 234C. - 4quater. Where a request is directly addressed to the Secretary-General, a Member State may inform the Secretary-General that he or she may approve any request from an entity within its jurisdiction or sovereignty.
MOD 237. - 7. The Secretary-General shall prepare and maintain, for each Sector, lists of all entities and organizations referred to in numbers 229 to 231 and numbers 260 to 262 of this Convention that are admitted to participating in the work of Sectors. It publishes each of these lists at appropriate intervals and brings them to the attention of all Member States and Members of the Areas concerned and the Director of the Bureau concerned. The Director shall inform the entities and organizations concerned of the follow-up to their requests and shall inform interested Member States of their requests.
MOD 238. - 8. The conditions for participation in the work of the Areas of Entities and Organizations on the lists referred to in number 237 above are set out in this article, in article 33 and in other relevant provisions of this Convention. The provisions of issues 25 to 28 of the Constitution are not applicable to them.
MOD 239. - 9. A Sector Member may act on behalf of the Member State that has approved it, if the Member State informs the Director of the Bureau concerned that it has authorized it to do so.
MOD 240. - 10. Any Member of a Sector has the right to denounce its participation by a notification addressed to the Secretary-General. Such participation may also be denounced, if any, by the Member State concerned or, in the case of the Sector Member approved in accordance with number 234C above, according to the criteria and procedures established by the Council. This denunciation shall take effect upon the expiration of a period of one year from the date of receipt of the notification by the Secretary-General.
ADD 241A. - The meeting or conference of a Sector may decide to admit an entity or organization to participate as a Partner in the work of a particular study commission and its subordinate groups as set out below.
ADD 241B. - (1) An entity or organization referred to in numbers 229 to 231 above may request participation in the work of a particular study commission as Associate.
ADD 241C. - 2) In cases where a Sector has decided to admit Associates, the Secretary-General shall apply to applicants the relevant provisions of this Article, taking into account the size of the entity or organization and any other relevant criteria.
ADD 241D. - 3) The Associates admitted to participating in the work of a particular study commission are not listed in the list referred to in number 237 above.
ADD 241E. - 4) The conditions of participation in the work of a study commission are specified in number 248B and 483A of this Convention.
ARTICLE 20 (CV)
Conduct of study commissions
MOD 242. - 1. The Radiocommunication Assembly, the World Telecommunications Standardization Assembly and the World Telecommunications Development Conference shall appoint the chair of each Study Commission and one or more Vice-Chairs. In the appointment of chairpersons and vice-chairs, special consideration will be given to the criteria of competence and the requirement for equitable geographical distribution, as well as the need to promote more effective participation of developing countries.
MOD 243. - Two. If the workload of the study commissions requires it, the meeting or conference shall appoint as many Vice-Presidents as it considers it necessary.
ADD 246A. - 5 bis. (a) Member States and Members of the Sectors shall adopt matters that shall be considered in accordance with the procedures established by the competent conference or meeting, as the case may be, indicating, inter alia, whether a recommendation resulting therefrom must be a formal consultation with Member States.
ADD 246B. - (b) The recommendations arising from the study of the above-mentioned issues are adopted by a study board in accordance with the procedures established by the competent conference or meeting, as appropriate. Recommendations that do not require formal consultation with Member States to be approved are considered to be approved.
ADD 246C. - (c) A recommendation that requires formal consultation of Member States shall be dealt with in accordance with the provisions of number 247 below or shall be transmitted to the conference or to the competent meeting, as appropriate.
ADD 246D. - cbis) Numbers 246A and 246B above shall not be used for Issues and Recommendations that have political or regulatory implications, for example:
ADD 246E. - * Matters and recommendations approved by the Radiocommunication Sector and related to the work of radiocommunication conferences, and other categories of Questions and Recommendations that the Radiocommunication Assembly may determine;
ADD 246F. - * Matters and recommendations approved by the Telecommunications Standards Sector and related to pricing and accounting issues and certain numbering and address plans;
ADD 246G. - * Matters and recommendations approved by the Telecommunications Development Sector on regulatory, policy or financial matters;
ADD 246H. - * Questions and recommendations for which there is uncertainty about their scope of application.
MOD 247. - 6. Commissions of study may take measures to obtain approval from Member States of the recommendations developed between two meetings or conferences. The procedures to be applied to obtain such approval are those approved by the competent assembly or conference, as the case may be.
ADD 247A. - 6 bis. The recommendations approved under number 246B or 247 above have the same status as those approved by the conference or meeting itself.
ADD 248A. - 7 bis. According to a procedure developed by the Sector concerned, the Director of an Bureau may, after consultation with the Chair of the Study Commission concerned, invite an organization that does not participate in the work of the Sector to send representatives to participate in the study of a specific issue in a specific study commission or groups under the study.
ADD 248B. - 7ter. A Partner, within the meaning of number 241A of this Convention, is authorized to participate in the work of a particular study commission without taking part in the decision-making process or in the liaison activities of that study commission.
CHAPTER II
General provisions concerning conferences and assemblies
ARTICLE 23 (CV)
Invitation and admission to Plenipotentiary Conferences when there is a government inviting
MOD 256. - Two. (1) One year before the opening date of the Conference, the inviting government sends an invitation to the government of each Member State.
MOD 262A. - (e) Members of the Sectors referred to in numbers 229 and 231 of this Convention and organizations of an international character representing these Members.
MOD 263. - 4. (1) The responses of Member States must reach the government inviting at least one month before the opening of the Conference; They should, as far as possible, provide any indication of the composition of the delegation.
MOD 265. - (3) The responses of the organizations and institutions referred to in numbers 259 to 262A above shall be sent to the Secretary-General one month before the opening date of the Conference.
ARTICLE 24 (CV)
Invitation and admission to radiocommunication conferences when there is a government inviting
MOD 271. - Two. (1) The provisions of numbers 256 to 265 of this Convention apply to radiocommunication conferences.
MOD 272. - (2) Member States should share the invitation to participate in a radiocommunication conference addressed to them.
MOD 280. (d) observers representing members of the Radiocommunication Sector duly authorized by the Member State concerned;
MOD 282. - (f) observers of Member States participating, without the right to vote, at the regional radiocommunication conference in a region other than that to which such Member States belong.
ARTICLE 25 (CV)
Invitation and admission to radiocommunication assemblies, global telecommunications standardization assemblies and telecommunications development conferences when there is a government inviting
MOD 285. (a) the administration of each Member State;
MOD 286. (b) Members of the sectors concerned;
MOD 298. - (c) representatives of the Members of the Areas concerned.
ARTICLE 26 (CV)
MOD
Procedure for the convocation or cancellation of conferences or world assemblies at the request of Member States or at the proposal of the Council
MOD 299. - 1. The procedures set out in the provisions below apply to the convening of a second World Telecommunications Standardization Assembly in the interval between two successive Plenipotentiary Conferences and to the determination of the precise location and exact dates of this conference, or to the cancellation of the second World Radiocommunication Conference or the second Radiocommunication Assembly.
MOD 300. - Two. (1) Member States that wish to convene a second World Telecommunication Standardization Meeting to inform the Secretary-General of the venue and dates of this meeting.
MOD 301. - (2) The Secretary-General, upon receipt of concurring requests from at least one quarter of the Member States, shall immediately inform all Member States by the most appropriate means of telecommunications by requesting them to indicate, within six weeks, whether or not they accept the proposal.
MOD 302. - (3) If the majority of Member States, determined in accordance with the provisions of number 47 of this Convention, vote in favour of the whole proposal, i.e. accept both the place and the proposed dates, the Secretary-General shall immediately inform all Member States by the most appropriate means of telecommunications.
MOD 303. - (4) If the accepted proposal tends to bring the assembly together elsewhere than at the seat of the Union, the Secretary General, in agreement with the inviting government, shall make the necessary arrangements for the convocation of the assembly.
MOD 304. - (5) If the whole proposal (place and dates) is not accepted by a majority of Member States determined in accordance with the provisions of issue 47 of this Convention, the Secretary-General shall communicate the replies received to Member States, inviting them to make a final decision, within six weeks of the date of receipt, on the controversial item(s).
MOD 305. - (6) These points are considered adopted when approved by the majority of Member States, as determined by the provisions of number 47 of this Convention.
MOD 306. - 3. (1) Any Member State wishing that a second world radio conference or a second meeting of radiocommunications be cancelled shall inform the Secretary-General. The Secretary-General, upon receipt of concurring requests from at least one quarter of the Member States, shall immediately inform all Member States by the most appropriate means of telecommunications by requesting them to indicate, within six weeks, whether or not they accept the proposal.
MOD 307. - (2) If the majority of Member States, determined in accordance with the provisions of number 47 of this Convention, vote in favour of the proposal, the Secretary-General shall immediately inform all Member States by the most appropriate means of telecommunications and the conference or assembly shall be cancelled.
MOD 309. - 5. Any Member State wishing to convene a global conference on international telecommunications shall submit a proposal to that effect to the Conference of Plenipotentiaries; the agenda, the precise location and the exact dates of this conference shall be determined in accordance with the provisions of Article 3 of this Convention.
ARTICLE 27 (CV)
Procedure for convening regional conferences at the request of Member States or at the proposal of the Council
MOD 310. - In the case of regional conferences, the procedure described in numbers 300 to 305 of this Convention applies only to Member States in the region concerned. If the convening is to be carried out at the initiative of the Member States of the region, it is sufficient for the Secretary-General to receive concurring requests from one quarter of the Member States in that region. The procedure described in numbers 301 to 305 of this Convention is also applicable when the proposal to convene a regional conference is submitted by the Council.
ARTICLE 28 (CV)
Arrangements for conferences and assemblies that meet without inviting government
MOD 311. - Where a conference or meeting is to be convened without inviting government, the provisions of Articles 23, 24 and 25 of this Convention shall apply. The Secretary General, after agreement with the Government of the Swiss Confederation, shall make the necessary arrangements to convene and organize the conference or assembly at the seat of the Union.
ARTICLE 29 (CV)
Change in place or dates of a conference or meeting
MOD 312. - 1. The provisions of Articles 26 and 27 of this Convention relating to the convening of a conference shall apply by analogy when it is, at the request of Member States or on the proposal of the Council, to change the precise place or the exact dates of a conference or meeting. However, such changes may only be effected if the majority of interested Member States, determined in accordance with the provisions of number 47 of this Convention, have voted in favour of them.
MOD 313. - Two. Any Member State that proposes to change the precise location or exact dates of a conference or assembly is required to obtain the support of the required number of other Member States.
ARTICLE 30 (CV)
Timeliness and modalities for submission of proposals and reports to conferences
MOD 316. - Two. Immediately after the invitations have been sent, the Secretary-General requests Member States to send their proposals to the Conference at least four months before the opening date of the conference.
MOD 318. - 4. Any proposal received from a Member State shall be annotated by the Secretary-General to indicate its origin using the symbol established by the Union for that Member State. When a proposal is presented by several Member States, the proposal, to the extent possible, is annotated using the symbol of each Member State.
MOD 319. - 5. The Secretary-General shall communicate the proposals to all Member States as they receive them.
MOD 320. - 6. The Secretary-General shall convene and coordinate the proposals of Member States and send them to Member States as he receives them and at least two months before the opening date of the conference. Officials elected and officials of the Union, as well as observers and representatives who may attend conferences, in accordance with the relevant provisions of this Convention, are not authorized to submit proposals.
MOD 321. - 7. The Secretary-General also brings together the reports received from Member States, the Council and the Union Sectors as well as the recommendations made by the conferences and transmits them to Member States, with any report of the Secretary-General, at least four months before the opening of the conference.
MOD 322. - 8. The proposals received after the deadline specified in number 316 above shall be communicated to all Member States by the Secretary-General as soon as practicable.
ARTICLE 31 (CV)
Credentials to conferences
MOD 324. - 1. The delegation to a Conference of Plenipotentiaries, a Radiocommunication Conference or a World Conference of International Telecommunications by a Member State must be duly accredited in accordance with the provisions of numbers 325 to 331 below.
MOD 327. - (3) Subject to confirmation from one of the authorities cited in number 325 or 326 above and received prior to the signing of the Final Acts, a delegation may be temporarily accredited by the Head of the diplomatic mission of the Member State concerned to the host government or, if the conference takes place in the Swiss Confederation, by the head of the permanent delegation of the Member State concerned to the United Nations Office in Geneva.
MOD 332. - 4. (1) A delegation whose powers are recognized as a rule by the plenary session is entitled to exercise the right to vote of the Member State concerned, subject to the provisions of numbers 169 and 210 of the Constitution, and to sign the Final Acts.
MOD 334. - 5. Credentials should be submitted to the secretariat of the Conference as soon as possible. The commission under number 23 of the rules of procedure of conferences and other meetings is responsible for verifying them; it shall submit to the plenary a report on its conclusions within the time limit set by the plenary meeting. Pending the decision of the plenary meeting, any delegation is entitled to participate in the work and exercise the right to vote of the Member State concerned.
MOD 335. - 6. As a general rule, Member States must endeavour to send their own delegation to the EU conferences. However, if for exceptional reasons a Member State cannot send its own delegation, it may give the delegation of another Member State the power to vote and sign on its behalf. This transfer of power must be the subject of an act signed by one of the authorities cited in numbers 325 or 326 above.
MOD 339. - 10. A Member State or an approved entity or organization that proposes to send a delegation or representatives to a World Telecommunication Standardization Assembly, a Telecommunications Development Conference or a Radiocommunication Assembly shall inform the Director of the Bureau of the Sector concerned, indicating the name and function of the members of the delegation or representatives.
CHAPTER III
Rules of procedure
ARTICLE 32 (CV)
Rules of procedure for conferences and other meetings
ADD 339A. - The rules of procedure of conferences and other meetings are adopted by the Conference of Plenipotentiaries. The provisions relating to the amendment procedure of the Rules of Procedure and the entry into force of the amendments are contained in that Regulation.
(MOD) 340. - The rules of procedure shall apply without prejudice to the provisions relating to the amendment procedure contained in Article 55 of the Constitution and Article 42 of this Convention.
ARTICLE 32A (CV)
Voting rights
ADD 340A. - 1. At all meetings of a conference, assembly or other meeting, the delegation of a Member State, duly accredited by the Member State to participate in the conference, assembly or other meeting, shall be entitled to a vote, in accordance with Article 3 of the Constitution.
ADD 340B. - Two. The delegation of a Member State shall exercise its right to vote under the conditions specified in article 31 of this Convention.
ADD 340C. - 3. When a Member State is not represented by an administration at a Radiocommunication Assembly, a World Telecommunication Standardization Assembly or a Telecommunications Development Conference, the representatives of the recognized operations of the Member State concerned shall, together and in any number, be entitled to a single vote, subject to the provisions of number 239 of this Convention. The provisions of issues 335 to 338 of this Convention relating to power of attorney apply to the above-mentioned conferences and assemblies.
ARTICLE 32B (CV)
Reservations
ADD 340D. - 1. As a general rule, delegations that cannot share their views by other delegations should endeavour, to the extent possible, to join the majority's views.
ADD 340E. - Two. Any Member State that, during a Conference of Plenipotentiaries, reserves the right to make reservations, as indicated in the declaration that it makes at the time of signing the Final Acts, may make reservations about an amendment to the Constitution and this Convention until the deposit with the Secretary-General of its instrument of ratification, acceptance, approval of the said amendment or accession to it.
ADD 340F. - 3. If it appears to a delegation that any decision is likely to prevent its Government from consenting to be bound by the revision of the Administrative Regulations, that delegation may make reservations, provisionally or definitively, with respect to that decision at the end of the Conference which adopts the revision; Such reservations may be made by a delegation on behalf of a Member State that does not participate in the competent conference and has given a power of attorney to that delegation to sign the Final Acts in accordance with the provisions of Article 31 of this Convention.
ADD 340G. - 4. A reservation made at the end of a conference is valid only if the Member State that formulated it formally confirms it at the time of notifying its consent to be bound by the amended or revised instrument adopted by the conference at the end of which it formulated the said reservation.
SUP 341 to 467
CHAPTER IV
Other provisions
ARTICLE 33 (CV)
Finance
MOD 468. - 1. (1) The scale in which each Member State, subject to the provisions of number 468A below, or Sector Member, subject to the provisions of number 468B below, selects its class of contribution, in accordance with the relevant provisions of Article 28 of the Constitution, is as follows: class of 40 units; 35 units; class of 30 units; 28 units; 25 units; 23 units; class of 20 units; 18 units; 15 units; 13 units; 10 units; 8 units; 5 units; 4 units; class of 3 units; 2 units; 1 1/2 unit class; 1 unit class; Class of 1/2 unit; 1/4 unit class; 1/8 unit; 1/16 unit
ADD 468A. - (1bis) Only Member States identified by the United Nations as the least developed countries and those determined by the Council may choose the contribution classes of 1/8 and 1/16 units.
ADD 468B. - (1ter) Members of the Sectors cannot choose a contribution class of less than 1/2 unit, with the exception of Members of the Telecommunications Development Sector, who may choose the contribution class of 1/4, 1/8 or 1/16 unit. However, the 1/16 unit class is reserved for members of the Sector from developing countries, a country whose list is prepared by UNDP and reviewed by the Board.
MOD 469. - (2) In addition to the contribution classes mentioned in number 468 above, any Member State or Sector Member may choose a number of contributors greater than 40.
MOD 470. - (3) The Secretary-General shall promptly notify each Member State that is not represented at the Conference of Plenipotentiaries of the decision of each Member State as to the class of its chosen contribution.
SUP 471
MOD 472. - Two. (1) Each new Member State and each new Sector Member shall pay, for the year of their membership or admission, a contribution calculated from the first day of the month of membership or admission, as the case may be.
MOD 473. - (2) If a Member State denounces the Constitution and this Convention or if a Member of Sector denounces its participation in the work of a Sector, its contribution must be paid until the last day of the month in which the denunciation takes effect in accordance with number 237 of the Constitution or number 240 of this Convention as the case may be.
MOD 474. - 3. The sums due are of interest from the beginning of the fourth month of each financial year of the Union. This interest is set at the rate of 3% (three per cent) per year for the next three months and at the rate of 6% (six per cent) per year from the beginning of the seventh month.
SUP 475
MOD 476. - 4. (1) Organizations referred to in numbers 259 to 262A of this Convention and other international organizations (unless they have been exempted by the Council, subject to reciprocity) and Members of the Sectors (unless they attend a conference or meeting of their Sector) that participate in a Conference of Plenipotentiaries, a meeting of a Union Sector or a global conference of international telecommunications costs
MOD 477. - (2) Any Member of a Sector on the lists referred to in number 237 of this Convention shall contribute to the expenditures of the Sector in accordance with numbers 480 and 480A below.
SUP 478 and SUP 479
MOD 480. - (5) The amount of contribution per unit to the expenditures of each Sector concerned is set at 1/5 of the Contributive Unit of Member States. These contributions are considered revenue from the Union. They shall be of interest in accordance with the provisions of number 474 above.
ADD 480A. - (5bis) When a Sector Member contributes to the Union's expenses in accordance with number 159 of the Constitution, the Sector for which the contribution is paid should be identified.
SUP 481 to 483
ADD 483A. - The Associates, as defined in number 241A of this Convention, contribute to the expenses of the Sector, the Study Committee and the subordinate groups to which they participate, in accordance with the terms and conditions established by the Council.
MOD 484. - 5. The Commission determines the cost recovery criteria for certain products and services.
ARTICLE 35 (CV)
Languages
MOD 490. - 1. (1) Languages other than those specified in the relevant provisions of Article 29 of the Constitution may be used:
MOD 491. (a) if the Secretary-General is requested to ensure the oral or written use of one or more additional languages on a permanent basis or on an ad hoc basis, provided that the additional costs incurred in this matter are borne by the Member States that have made or supported the request;
MOD 492. - (b) if, at conferences or meetings of the Union, after having informed the Secretary-General or the Director of the Bureau concerned, a delegation itself shall take steps to ensure at its own expense the oral translation of its own language in one of the languages indicated in the relevant provision of Article 29 of the Constitution.
MOD 493. - (2) In the case set out in number 491 above, the Secretary-General shall comply with this request to the extent possible, after obtaining from interested Member States the commitment that the expenses incurred shall be duly reimbursed by them to the Union.
MOD 495. - Two. All documents referred to in the relevant provisions of Article 29 of the Constitution may be published in a language other than those specified therein, provided that Member States requesting this publication undertake to pay their full costs of translation and publication incurred.
CHAPTER V
Miscellaneous provisions relating to the operation of telecommunications services
ARTICLE 37 (CV)
Establishment and settlement of accounts
MOD 497. - 1. The rules of the international accounts shall be regarded as current transactions and shall be carried out in accordance with the current international obligations of Member States and Members of the Areas concerned, when their Governments have made arrangements in this regard. In the absence of such arrangements or special agreements, entered into under the conditions laid down in section 42 of the Constitution, these accounts are made in accordance with the provisions of the Administrative Regulations.
MOD 498. - Two. Administrations of Member States and Members of the Areas that operate international telecommunications services must agree on the amount of their debits and credits.
ARTICLE 38 (CV)
Monetary unit
MOD 500. - In the absence of specific arrangements between Member States, the monetary unit used for the composition of distribution taxes for international telecommunications services and the establishment of international accounts is:
- the monetary unit of the International Monetary Fund,
- or the gold,
as defined in the Administrative Regulations. The terms and conditions of application are set out in Appendix 1 to the International Telecommunications Regulations.
ARTICLE 40 (CV)
Secret language
MOD 505. - Two. Private telegrams in secret language may be admitted between all Member States except those who have previously notified, through the Secretary-General, that they do not accept this language for this type of correspondence.
MOD 506. - 3. Member States that do not admit private telegrams in secret language from or to their own territory must accept them in transit, except in the case of service suspension provided for in Article 35 of the Constitution.
CHAPTER VI
Arbitration and amendment
ARTICLE 41 (CV)
Arbitration procedure
(see Article 56 of the Constitution)
MOD 510. - 4. If arbitration is entrusted to governments or administrations of these governments, they must be chosen from among Member States that are not involved in the dispute, but are parties to the agreement whose application has provoked the dispute.
ARTICLE 42 (CV)
Provisions to amend this Convention
MOD 519. - 1. Any Member State may propose any amendment to this Convention. Such a proposal must, in order to be transmitted to all Member States and to be considered by them in due course, reach the Secretary-General no later than eight months before the opening date for the Conference of Plenipotentiaries. The Secretary-General shall, as soon as possible and no later than six months before that date, transmit such a proposal to all Member States.
MOD 520. - Two. Any proposal to amend an amendment proposed in accordance with number 519 above may, however, be submitted at any time by a Member State or its delegation to the Conference of Plenipotentiaries.
MOD 523. - 5. The general provisions concerning conferences and assemblies contained in this Convention and the Rules of Procedure of conferences and other meetings shall apply, unless the preceding paragraphs of this Article, which prevails, are otherwise available.
MOD 524. - 6. All amendments to this Convention adopted by a Conference of Plenipotentiaries shall enter into force, at a date fixed by the Conference, in their entirety and in the form of a single instrument of amendment, between Member States that have deposited before that date their instrument of ratification, acceptance, approval or accession to this Convention and the instrument of amendment. Ratification, acceptance, approval or accession to only part of this amendment instrument is excluded.
MOD 526. - 8. The Secretary-General shall notify all Member States of the deposit of each instrument of ratification, acceptance, approval or accession.
ANNEX (CV)
Definition of certain terms used in this Convention and in the Administrative Regulations of the International Telecommunication Union
MOD 1002. - Observer: Person sent by:
- the United Nations, a specialized agency of the United Nations, the International Atomic Energy Agency, a regional telecommunications organization or an intergovernmental organization operating satellite systems, to participate in a consultative capacity at the Conference of Plenipotentiaries, a conference or a meeting of a Sector,
- an international organization, to participate in an advisory capacity at a conference or meeting of a Sector,
- the government of a Member State, to participate without the right to vote in a regional conference,
- a Sector Member referred to in number 229 or 231 of the Convention or an international organization representing such Members of the Sectors,
in accordance with the relevant provisions of this Convention.
PART II
Effective date
The amendments contained in this instrument shall enter into force, in their entirety and in the form of a single instrument, on 1^er January 2000 between Member States that are then parties to the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992) and which have deposited before that date their instrument of ratification, acceptance or approval of this instrument or accession to it.
In faith, the undersigned Plenipotentiaries signed the original of this instrument of amendment to the Constitution of the International Telecommunication Union (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994).
Done in Minneapolis on 6 November 1998.
(The signatures that follow the Amendment Instrument to the Convention (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994) are the same as those that follow the Amendment Instrument to the Constitution (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994). )

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