Key Benefits:
DECREE N o 5,118, OF June 28, 2004
Promults the Agreement between the Government of the Federative Republic of Brazil and the Government of the Argentine Republic to the Spatial Capacity Development, celebrated in Rio de Janeiro, on May 8, 2001.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso IV, of the Constitution, and
Whereas the Government of the Federative Republic of Brazil and the Government of the Argentine Republic celebrated, in Rio de Janeiro, on May 8, 2001, an Agreement for the Propvement of Capacity Spatial;
Whereas the National Congress has approved this Agreement through Legislative Decree No. 609 of September 11, 2003;
Whereas the Agreement entered into force on March 23, 2004, in the terms of the single paragraph of its Article 13;
DECRETA:
Art. 1º The Agreement between the Government of the Federative Republic of Brazil and the Government of the Argentine Republic for the Provement of Spatial Capacity, celebrated in Rio de Janeiro, on May 8, 2001, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.
Art. 2º the Are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments which, pursuant to the art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.
Art. 3º This Decree comes into force on the date of its publication.
Brasilia, June 28, 2004; 183º of Independence and 116º of the Republic.
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
The Government of the Federative Republic of Brazil
and
The Government of the Argentine Republic
(henceforth called "Parties"),
Considering the strong ties of friendship between the Governments of the Federative Republic of Brazil and the Republic Ar gentina;
Recognizing the sovereign right of both Parties to administer and regulate their satellite communications;
Consent of mutual benefits derived from the establishment of an agreement concerning the access to the space capacity-bearing market in each Country as per their respective national laws and regulations and the tional commitments;
Taking into account the provisions of Article 42 of the Constitution of the International Telecommunication Union (ITU), adopted in the city of Geneva on December 22, 1992, and its modifications, with respect to the "Special Arrangements";
In accordance with the provisions of Article S9 of the Radiocommunication Regulation of the ITU;
Recognizing the opportunities that arise from the General Agreement on Trade in Services of the World Trade Organization, the growing needs of the satellite communications sector and the public interest in the development of these services; and
In order to establish the conditions for the commercial provement of spatial capacity in the Federative Republic of Brazil (henceforth Brazil) and in the Argentine Republic (henceforth Argentina), in the form defined in this Agreement;
Wake up the following:
ARTICLE 1º
Definitions
In the present Agreement, the following apply definitions:
1.Administration: any department or governmental body responsible for the fulfillment of the obligations assumed in the Constitution, the Convention and the Administrative Regulations of the International Telecommunication Union-ITU.
2.Space Capacity or satellite facilities, henceforth termed Spatial Capacity: are the orbit and radio spectrum resources offered, respectively, in Brazil, by the satellite explorer to the dealerships, permissionaries or authorized or, in Argentina, by the provider of satellite facilities to the licensees, permissionaries or authorized;
3.Space Station: means the station located in an object that is situated, which is intended to situate or that has been situated beyond most of the earth's atmosphere;
4.Earthly Station: means the station located on the surface of the Earth or within the earth's atmosphere that communicates with one or more space stations or, still, with one or more stations of the same type, by means of one or more satellites reflectors or other objects in space;
5.License: means the right or the authorization to provide space capacity;
6.Provider of satellite facilities or satellite explorer: it is the holder of the License of one of the Application Authorities to provide space capacity;
7.Satellite network: means a system of satellites or part of a satellite system that appears from a single satellite and the associated terrene stations;
8.Satélite: means a space station that provides capacity space;
9.Satélite Argentino: is the geostationary satellite with a License from Argentina, whose coordination procedure and notification with the International Telecommunication Union is carried out by Argentina;
10.Satélite Brasileiro: is the geostationary satellite with License of Brazil, whose coordination procedure and notification with the International Telecommunication Union is carried out by Brazil;
11.Sistema of Satellites: means a space system comprising one or several artificial satellites of the Earth;
12.Serviço Fixed by Satellite (SFS): means any signal of radiocommunication that is transmitted and / or received by stations terracs, located in specific fixed positions or at any fixed point in a specific area, using one or more satellites and includes feeding enlaces for other space radiocommunication services;
13.Direct to Home (DTH): are signs of unidirectional coded radiocommunications that are transmitted by Brazilian or Argentine satellites for direct reception by subscribers. In Brazil, this is the Service for Distribution of Television Signs and Audio by Signature via Satellite. In Argentina, it is a Broadcasting Supplement Service.
ARTICLE 2º
Purpose
The purposes of this Agreement are:
1.Facilitate the development of space capacity in Brazil and Argentina by means of Brazilian or Argentine commercial satellites, coordinated in accordance with the Radiocommunication Regulation of the ITU; and
2.To establish the conditions and technical criteria for spatial capacity provisioning in the Fixed Service by Satellite, including DTH, of the way they are defined in this Agreement, by means of Brazilian and Argentine satellites.
ARTICLE 3º
Entities of Application
The entities tasked with applying this Agreement, henceforth termed the " Authorities of Application ", will, by Brazil, the National Telecommunication Agency and, by Argentina, the Registry of Communications.
ARTICLE 4º
Conditions of Use
1.In accordance with this Agreement and especially with item 2 of Article 1:
1.1 Will be allowed for Argentine satellites to provide space capacity up to, since and within Brazil, as per the provisions of laws and regulations Brazilians.
1.2 It will be allowed for Brazilian satellites to provide satellite facilities up to, since and within Argentina, as per the provisions of the Argentine laws and regulations.
2.For the purposes of this Agreement, the Parties agree that entities with a Licence from Brazil or Argentina operating commercial satellites may be established with public or private participation in accordance with the legal and regulatory provisions of each country.
3.The right of foreign satellite operation required in Brasi l and the authorisation for the development of satellite facilities by means of non-Argentine satellite required in Argentina will be bestoed in application to items 1.1 and 1.2 of this Article.
4.Providers of satellite facilities or satellite explorers must comply with applicable laws and regulations.
5.Each Party shall apply its laws and regulations in a transparent and non-discriminatory manner to the employment of Brazilian or Argentine satellites and to all entities that request a License to provide space capacity through satellites Brazilians or argentines.
6.The Licences for the spatial capacity flooring will be issued as efficiently and expeditiously as possible by the Application Authorities.
7.Failure to comply with the laws and applicable regulations of one of the Parties may result in the revocation of the License issued by the corresponding Application Authority.
8.No provision of this Agreement shall be construed as interim or permanent restriction on the number of:
8.1 Brazilian or Argentine Satellites in the SFS and DTH that may transmit to, since and / or within Brazil or the Argentina, under the conditions set forth in this Agreement.
8.2 Entities that have received a License in Brazil to provide space capacity in SFS and DTH through Argentine satellites.
8.3 Entities that have received a Licence in Argentina to provide satellite facilities at SFS and DTH via Brazilian satellites.
8.4 Earthly stations to transmit or receive signals at SFS and DTH up to, since and / or within from Brazil and Argentina, by means of Brazilian or Argentine satellites.
9.The Application Authorities will allow the signals from the SFS and DTH to be offered directly to the earth stations by means of Brazilian or Argentine satellites, without requiring the retransmission by means of an intermediate satellite system or by means of an intermediate earthly station.
10.Signals from the SFS and DTH may be transmitted and / or received between one of the Parties and third parties through Brazilian and Argentine satellites. The transmission and / or reception of such signals up to or from third countries will be subject to the relevant laws and regulations of each Party, applied in a non-discriminatory and transparent manner.
ARTICLE 5º
Coordination of Frequencies at UIT
1.The Radiocommunication Regulation of the ITU is the basis of the coordination of frequencies of satellite networks.
2.In any event, after a Party has initiated the required coordination and notification procedures as per the Radiocommunication Regulation of the ITU, the Parties shall, in good faith, undertake the coordination of the pertinent satellites in a manner timely, cooperative and mutually acceptable.
3.The Parties agree that the technical coordination procedures will be conducted in order to make the most effective use of the orbit resources and radio spectrum and agree to collaborate in the technical coordination of new satellite networks to meet the growing national and international communications needs of the satellite sector of each country.
ARTICLE 6º
Sequences
1.This Agreement applies exclusively to the following ranges of frequencies:
Frequencies of the enlace of subidaFrequencies of the descent enlace
5,850 6,425 MHz3.625 4,200 MHz
14.0 14.5 GHz 11.7 12.2 GHz
13.75 14.00 GHz 10.95 11.20 GHz
11.45 11.70 GHz
27.00 30.00 GHz 17.70 20.70 GHz
2.The use of the ranges of frequencies indicated in the first paragraph of this article shall be effected in accordance with the laws, regulations and procedures of Brazil and Argentina, with the Radiocommunication Regulation of the ITU, with the conditions stipulated in this Agreement, and with the respective national allocation tables of frequencies. It should be noted that, in some ranges of frequencies, a prior coordination with the systems that currently operate on these tracks will be required.
3.The Application Authorities will be able to modify the frequencies ranges indicated in item 1 of this Article by mutual consent.
ARTICLE 7º
Technical Coordination Procedures
1.No provision of this Agreement will affect the rights and obligations of a Party with respect to the consignments of frequencies and associated orbital positions that have already been consigned to it in accordance with the Radiocommunication Regulation of the UIT, including Appendices S30, S30A and S30B.
2.No provision of this Agreement will affect the rights and obligations of a Party with respect to the technical coordination of frequencies and the associated orbital positions of the satellites of the other Party or third parties not covered by this Agreement, in compliance with the Radiocommunication Regulation of the ITU.
3.Argentine or Brazilian satellites that are included in the procedures for coordination and notification or which are in operation, in accordance with the provisions of the Radiocommunication Regulation of the ITU, will retain such a condition, regardless of the provisions of this Agreement.
4.Each of the Administrations agrees to carry out the largest effort to assist another Administration in the technical coordination of new and eventual modifications to the current consignment of frequencies to satellite networks and associated orbital positions. Each Administration will collaborate with the requests of the other Administration, effected by means of the ITU, for the coordination of the satellite networks and their modifications, where these requests are consistent with the rules and regulations of the ITU and with the applicable national technical rules and regulations and which result in a technical compatibility with the satellite networks and terrestrial systems that may be affected.
5.This Agreement does not obligate Administrations to require that some satellite explorer or provider of satellite facilities, with a license from one of the Application Authorities, change their ongoing operations and their technical characteristics to accommodate new Argentinean or Brazilian satellites for spatial capacity provisioning at SFS and DTH.
6.Should any injurious interference occur to an Argentine or Brazilian satellite, the Administration responsible for the outward of the satellite's license or interfering earthly station will be notified. Both Administrations will analyze the information on the interfering signal, consult with respect to the possible solutions and seek to put themselves in compliance with the appropriate actions to eliminate the interference.
ARTICLE 8º
SFS and DTH
1.Brazil accepts to allow the Argentinian satellites to provide space capacity at SFS and DTH until, since and within Brazil, subject to compliance with the conditions set forth in Article 4º of this Agreement. In order to receive a Licence in Brazil to provide space capacity, in the frequencies ranges indicated in Article 6º of this Agreement, by means of Argentine satellites, the entities shall comply with the Brazilian laws and regulations that are applicable.
2.Argentina accepts to allow the Brazilian satellites to provide satellite facilities at SFS and DTH until, since and within Argentina, subject to the fulfilment of the conditions set forth in Article 4º of this Agreement. In order to receive a Licence in Argentina to provide satellite facilities, in the ranges of frequencies indicated in Article 6º of this Agreement, by means of Brazilian satellites, entities shall comply with Argentine laws and regulations that are applicable.
ARTICLE 9º
Cooperation
Parties shall cooperate to ensure that they are respected respective laws and regulations of the other Party, relating to the provisions of this Agreement.
ARTICLE 10
Property Foreign
The applicable provisions on foreign ownership are those defined by the laws and regulations of each of the Parties.
ARTICLE 11
Security Exception
The present Agreement will not prevent the application, by any of the Parties, of measures that they deem necessary for the protection of their security interests or the fulfillment of its obligations by virtue of the Charter of the United Nations with respect to the maintenance or restoration of peace or international security.
ARTICLE 12
Modified Agreement
This Agreement can be modified by mutual written mutual of the Parties. The modifications will enter into force under the provisions of Article 13.
ARTICLE 13
Entry into Vigor and Duration
The present Agreement shall enter into force at the time of receipt of the last notification upon which the Parties communicate the fulfilment of the requirements set out in their internal legislations and shall have undetermined duration.
ARTICLE 14
End of the Agreement
This Agreement may be terminated by mutual consent of the Parties or by manifestation of a of the Parties effectuated by written notification to another Party. This closure notification will take effect 6 (six) months after the receipt of the notification.
Made in Rio de Janeiro, on May 8, 2001, in two original copies, in the Portuguese and Spanish languages, being both similarly authentic.
____________________________________
BY THE GOVERNMENT OF THE REPUBLIC
FEDERATIVE DO BRASIL
Renato Navarro guerreiro
President of ANATEL
____________________________________
BY THE GOVERNMENT OF THE REPUBLIC
ARGENTINA
Henoch Aguiar
Minister of Communications
