LAW 28 OF 1992
Official Gazette No. 40699 of December 29, 1992
Through which the "Constitution of the International Telecommunication Union
of the Convention of the International Telecommunication Union and the Optional Protocol on the settlement of disputes relating to the Constitution of the International Telecommunication Union approved , the Convention of the International Telecommunication Union and administrative regulations "made in Nice on June 30, 1989. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Constitution of the International Telecommunication Union, the Convention of the International Telecommunication Union and the Optional Protocol on the settlement of disputes relating to the Constitution of the International Union Telecommunications, the Convention of the International Telecommunication Union and the Administrative Regulations "made in Nice on June 30, 1989, which literally say
Optional Protocol on the compulsory settlement of disputes relating to the Constitution of the International Telecommunication Union, the Convention of the International Telecommunication Union and the Administrative Regulations. Nice 1989
In the act of proceeding with the signing of the Constitution of the International Telecommunication Union and the Convention of the International Telecommunication Union (Nice, 1989), the plenipotentiaries have signed this optional protocol on the solution compulsory Settlement of disputes.
Members of the Union, parties to this Optional Protocol expressing the desire to resort as they are concerned, compulsory arbitration to resolve any disputes concerning the interpretation or application of the Constitution of the Convention or the Administrative Regulations provided for arbitration Article 4o. of the Constitution, they have agreed as follows: ARTICLE 1.
Unless chosen by mutual agreement of the solution forms mentioned in Article 45 of the Constitution, disputes concerning the interpretation or application of the Constitution, the Convention or the Administrative Regulations mentioned in article 4. of the Constitution shall be submitted at the request of one party, to binding arbitration. The procedure will be Article 34 of the Convention, Section 5 (number 409) will be extended as follows:
"5 Each of the parties to the dispute shall appoint an arbitrator within three months from. the date of receipt of notification of the request for arbitration. After this period, if one party has not designated an arbitrator, the appointment shall, at the request of the other party, the Secretary General acting in accordance with the provisions the numbers 407 and 408 of the Convention. "
ARTICLE 2. This Protocol shall be open for signature by Members at the time of the signing of the Constitution and the Convention. It shall be ratified, accepted or approved by the signatory members in accordance with their constitutional requirements. They may accede to Members that are parties to the Constitution and the Convention and States become Members of the Union. The instrument of ratification, approval or accession shall be deposited with the Secretary General.
ARTICLE 3. This Protocol shall enter into force for the parties thereto which have ratified, accepted, approved or acceded to it, on the same date as the Constitution and the Convention, provided for that date have deposited at least two instruments of ratification, acceptance, approval or accession. Otherwise, this Protocol shall enter into force on the thirtieth day after the deposit of the second instrument of ratification, acceptance, approval or accession.
ARTICLE 4. This Protocol may be amended by the parties to it at a conference of plenipotentiaries of the Union.
ARTICLE 5. Each Member party to this Protocol may denounce it by notifying the Secretary-General; such denunciation shall take effect one year after the date of receipt of such notification by the Secretary General.
ARTICLE 6. The Secretary General shall notify all Members:
a) signatures of this Protocol and the deposit of each instrument of ratification, acceptance, approval or accession;
B) The date of entry into force of this Protocol;
C) The date of entry into force of any amendment thereto;
D) The date of each withdrawal shall take effect.
In witness whereof the respective plenipotentiaries have signed this Protocol in each of the Arabic, Chinese, Spanish, French, English and Russian on the understanding that, in case of discrepancy, the French text shall prevail languages; It remain deposited in the archives of the International Telecommunication Union, which shall forward a copy to each of the signatories.
In Nice, 30 June 1989.
CONSTITUTION OF THE INTERNATIONAL TELECOMMUNICATION UNION Preamble
1 Acknowledging in all its fullness the sovereign right of each State to regulate its telecommunications and taking into account the growing importance of telecommunications for safeguarding peace and social and economic development of all States, the States Parties to this Constitution, the basic instrument of the International Telecommunication Union, and the Convention of the International Telecommunication Union (hereinafter referred to as "the Convention") which complements it, in order to facilitate peaceful relations, international cooperation and economic and social development among peoples by means of efficient telecommunication services, they have agreed as follows: || | CHAPTER I BASIC PROVISIONS
ARTICLE 1o. OBJECT OF THE UNION.
2 1. The Union shall:
3) To maintain and extend international cooperation between all Members of the Union for the improvement and rational use of all telecommunications, and to promote and provide assistance technical assistance to developing countries in the field of telecommunications;
4 b) Promote the development of technical facilities and their most efficient operation, in order to increase the performance of telecommunication services, increasing their usefulness and generalize as much as possible use by the public;
5 c) Promote the use of telecommunications services in order to facilitate peaceful relations;
6 d) to harmonize the actions of Members to achieve these purposes;
7 2. To this end, in particular, the Union:
8) effect allocation of the frequency bands of the radio spectrum and the allocation of radio frequencies and keep record of frequency assignments and associated orbital positions in the geostationary satellites, in order to avoid harmful interference between radio stations of different countries;
9 b) coordinate efforts to eliminate harmful interference between radio stations of different countries and improve the use of radio frequency spectrum and the geostationary satellite orbit for radiocommunication services;
10c) facilitate the worldwide standardization of telecommunications, with a satisfactory quality of service;
11 d) Foster international cooperation in the provision of technical assistance to developing countries and the creation, development and improvement of facilities and telecommunication networks in developing countries by all means that is available and in particular through their participation in the appropriate programs of the United Nations and the use of its own resources, as appropriate;
12 e) coordinate Likewise, efforts to harmonize the development of telecommunication facilities, notably those using space techniques in order to maximize their potential;
13 f) Encourage cooperation among Members in order to arrive at the establishment of rates at the lowest level compatible with service quality and financial management of healthy and independent telecommunications;
14 g) promote the adoption of measures to ensure the safety of human life, through the cooperation of telecommunication services;
15 h) undertake studies, make regulations, adopt resolutions, formulate recommendations and opinions, and collect and publish information concerning telecommunication;
16 i) promote, with international financial institutions, the establishment of preferential and favorable lines of credit for the development of social projects aimed at extending telecommunication services to the most isolated areas of the country.
. COMPOSITION OF THE UNION.
17 Under the principle of universality, which makes it desirable universal participation in the Union, the International Telecommunication Union shall consist of:
18 a) Any State which is a member of the Union for having been part in an International Telecommunication Convention prior to the entry into force of this Constitution and the Convention;
19 b) Any other State Member of the United Nations, which accedes to this Constitution and the Convention in accordance with Article 42 of this Constitution;
20 c) Any other State, not being a member of the United Nations, which applies for membership of the Union and that, upon approval of its application by two-thirds of the Members of the Union, accedes this Constitution and the Convention in accordance with Article 42 of this Constitution. If such a request is made during the period between two plenipotentiary conferences, the Secretary General shall consult the Members of the Union. It is deemed to have abstained Member has not replied within four months from the date that has been requested.
ARTICLE 3. RIGHTS AND OBLIGATIONS OF MEMBERS.
21 1. Members of the Union shall have the rights and be subject to the obligations provided for in this Constitution and the Convention.
22 2. Rights of Members in respect of their participation in the conferences, meetings and consultations of the Union are:
23 a) To participate in the conference of the Union, be eligible for the Board and nominate candidates for elective office of the permanent organs of the Union;
24 b) Each member, subject to the provisions of the numbers 148 and 189 of this Constitution, shall be entitled to one vote at all plenipotentiary conferences, all world administrative conferences, in all meetings of the International Consultative committees and, if it is part of the Board of Directors, in all its meetings. In the regional administrative conferences, only entitled to vote Members of the region concerned;
25 c) Each Member, subject to the provisions of the numbers 148 and 189 of this Constitution, shall also be entitled to one vote in all consultations carried out by correspondence. In the case of consultations regarding regional administrative conferences, only entitled to vote Members of the region concerned.
ARTICLE 4. INSTRUMENTS OF THE UNION.
26 1. The instruments of the Union are:
-The present Constitution of the International Telecommunication Union,
-The Convention of the International Telecommunication Union, and
-The Administrative Regulations.
27 2. This Constitution, the provisions of which are complemented by the Convention, is the basic instrument of the Union.
28 3. The provisions of this Constitution and the Convention are further complemented by those of the Administrative Regulations, which regulate the use of telecommunications and shall be binding on all Members:
-Regulation Telecommunications international.
29 4. In case of inconsistency between a provision of this Constitution and a provision of the Convention or the Administrative Regulations prevail. In case of conflict between a provision of the Convention and a provision of the Administrative Regulations, the Convention shall prevail.
The 5th ITEM. DEFINITIONS.
30 Unless the context otherwise discards:
31 a) The terms used in this Constitution and defined in its Annex, which forms an integral part thereof, shall have the meanings assigned to them in ;
32 b) The terms other than those defined in the Annex to this Constitution used in the Convention and defined in its Annex, which forms an integral part thereof, shall have the meanings therein assigned to them;
33 c) other terms defined in the Administrative Regulations shall have the meanings therein assigned to them.
ARTICLE 6. IMPLEMENTATION OF THE INSTRUMENTS OF THE UNION.
34 1. Members are obliged to comply with the provisions of this Constitution, the Convention and the Administrative Regulations in all telecommunication offices and stations established or operated by them which engage in international services or may cause harmful interference to the radio services of other countries, except in regard to services not subject to these provisions in accordance with Article 37 of this Constitution.
35 2. In addition, Members shall take the necessary measures to enforce compliance with the provisions of this Constitution, the Convention and the Administrative Regulations upon private operating agencies authorized by them to establish and operate telecommunications and Regulations provide international services or which operate stations capable of causing harmful interference to the radio services of other countries interference.
ARTICLE 7. STRUCTURE OF THE UNION.
36 The Union shall comprise the following organs:
37 1. The Plenipotentiary Conference, the supreme organ of the Union.
38 2. Administrative conferences.
39 3. The Board of Directors.
40 4. the permanent organs are listed below:
41 a) The General Secretariat;
42 b) The International Frequency Registration Board (IFRB);
43 c) the International Radio Consultative Committee (CCIR);
44 d) The International Telegraph Telephone (CCITT) and Advisory Committee;
45 e) The Office of Telecommunication Development Bureau (BDT).
Article 8. Plenipotentiary Conference.
46 1. The Plenipotentiary Conference shall be composed of delegations representing the members and normally convened every five years. In any case, the interval between two successive Plenipotentiary Conferences shall not exceed six years.
47 2. The Plenipotentiary Conference:
48 a) determine the general principles applicable to achieve the purposes of the Union prescribed in Article 1o. of this Constitution.
49 b) consider the report of the Board of Directors on the activities of the organs of the Union since the last Plenipotentiary Conference.
50 c) establish the basis for the budget of the Union and determine the limit for the expenditure until the next Plenipotentiary Conference after considering all relevant aspects of the activities of the Union during that period, including the program of conferences and meetings and any medium-term plan submitted by the Board of Directors;
51 d) Give general instructions related to the staffing of the Union, and if necessary, fix the basic salaries and salary scales; and the system of allowances and pensions for all the officials of the Union;
52 e) Consider and if finally approve the accounts of the Union;
53 f) elect the members of the Union which are to serve on the Board;
54 g) elect the Secretary General and the Deputy Secretary General and fix the dates they take up their duties;
55 h) elect the members of the International Frequency Registration Board and fix the date on which they take up their duties;
56 i) elect the Directors of the International Consultative Committees and fix the dates to be taken up their positions; 57
j) Elect the Director of the Office of Telecommunication Development and fix the date you take possession of his office;
58 k) Consider and, where appropriate, approve the proposed amendments to this Constitution and the Convention in accordance with the provisions of Article 44 of this Constitution and Article 35 of the Convention, respectively;
59 l) Conclude and, if necessary, revise the agreements between the Union and other international organizations, examine any provisional agreements with such organizations by the Board of Directors on behalf of the Union and decide on them as it deems appropriate ;
60 m) deal with telecommunications matters it deems necessary.
ARTICLE 9. ADMINISTRATIVE CONFERENCE.
61 1. Administrative conferences of the Union shall comprise:
62 a) world administrative conferences;
63 b) regional administrative conferences. Normally
64 2. Administrative conferences shall be convened to consider specific telecommunication issues and strictly limited to address the issues contained in its agenda. Their decisions will have to conform in all cases to the provisions of this Constitution and the Convention. By adopting resolutions and decisions, administrative conferences should take into account the foreseeable financial implications and shall try to avoid adopting that may bring the excess of the upper limits of the appropriations set by the Plenipotentiary Conference.
65 3. (1) The agenda of a world administrative conference may include:
66 a) The partial revision of the Administrative Regulations referred to in Article 36 of this Constitution;
67 b) exceptionally, the complete revision of one or more of those Regulations;
68 c) Any other question of a worldwide character within the competence of the conference.
69 (2) The agenda of a regional administrative conference may provide only for specific telecommunication questions of a regional nature, including instructions to the International Frequency Registration Board regarding its activities in respect of the region concerned, provided such instructions do not conflict with the interests of other regions. In addition, decisions of such conferences must in all cases comply with the provisions of the Administrative Regulations.
ARTICLE 10. BOARD OF DIRECTORS.
70 1. (1) The Board of Directors shall consist of forty-three Members of the Union elected by the Plenipotentiary Conference, taking into account the need for equitable distribution of posts among all regions of the world. Except in the case of vacancies arising in the conditions specified in the Convention, such Members shall hold office until the election of a new Board of Directors by the Plenipotentiary Conference and may be reappointed.
71 (2) Each of the members of the Council shall appoint a person to act on it, which may be assisted by one or more advisers.
72 2. The Board of Directors shall establish its own Rules of Procedure.
73 3. In the interval between Plenipotentiary Conferences, the Board of Directors act on behalf of the Plenipotentiary Conference within the limits of the powers delegated to it.
74 4. (1) The Board of Directors shall take the necessary measures to facilitate the implementation by the Members of the provisions of this Constitution the Convention, the Administrative Regulations, of the decisions of the Plenipotentiary Conference and, case, the decisions of other conferences and meetings of the Union. In addition, he will perform the tasks entrusted to it by the Plenipotentiary Conference.
75 (2) determine the policy of technical assistance under the object of the Union each year.
76 (3) Establish effective coordination of the activities of the Union and exercise effective financial control over its permanent organs.
77 (4) Promote international cooperation to provide technical cooperation to developing countries by all available means, including through the participation of the Union in the appropriate programs of the United Nations in accordance with the object of Union to promote by all possible means, the development of telecommunications.
ARTICLE 11. GENERAL SECRETARIAT.
78 1. (1) The General Secretariat shall be headed by a Secretary General, assisted by one Deputy Secretary.
79 (2) The Secretary General shall act as legal representative of the Union.
80 (3) The Secretary General and Deputy Secretary General shall take up their duties on the dates determined at the time of your choice. Normally they remain in office until the date determined by the following Plenipotentiary Conference, and will only be re-elected once.
81 (4) The Secretary General will take steps to ensure economic use of the resources of the Union and will report to the Board of Directors of all administrative and financial aspects of the activities of the Union. The Deputy Secretary General will report to the Secretary General.
82 2. (1) If becomes vacant the post of Secretary General, will happen in office the Deputy Secretary-General and shall remain until the date determined by the next Plenipotentiary Conference may be elected to that office, subject the provisions of number 80 above. When under these conditions the Deputy Secretary-General succeeds to the office the Secretary General shall be deemed that the post of Deputy Secretary General becomes vacant on the same date and the provisions of No. 83 below shall apply.
83 (2) If the position becomes vacant Deputy Secretary General more than 180 days before the date set for the start of the next Plenipotentiary Conference, the Board of Directors appoint a successor for the unexpired term.
84 (3) If fall vacant simultaneously the positions of Secretary General and Deputy Secretary-General, the election official senior in office shall discharge the duties of Secretary General for a period not exceeding 90 days. The Board of Directors shall appoint a Secretary General and, if the vacancies occur more than 180 days before the date set for the start of the next Plenipotentiary Conference, a Deputy Secretary General. Officials appointed by the Board of Directors shall serve for the remainder of the term for which his predecessors had been elected. They may submit their candidacy in the elections for the positions of Secretary General and Deputy Secretary-General at the Plenipotentiary Conference.
85 3. The Deputy Secretary General shall assist the Secretary General in the performance of his duties and undertake such specific tasks entrusted to him. It shall perform the functions of the Secretary General in his absence.
ARTICLE 12. INTERNATIONAL FREQUENCY REGISTRATION BOARD.
86 1. The International Frequency Registration Board (IFRB) shall consist of five independent members elected by the Plenipotentiary Conference among the candidates proposed by Members of the Union so as to ensure an equitable distribution among regions world. Each Member may nominate one candidate, who must be one of its nationals.
87 2. Members of the International Frequency Registration Board shall take up their duties on the dates determined at the time of their choice, will remain in office until the date determined by the following Plenipotentiary Conference, and may be reappointed just one time.
88 3. In case of resignation, death or dereliction of duty by an elected Board in the period between two Plenipotentiary Conferences which elect members of the Board, the Chairman of the Board will ask the Secretary-General to invite Members of the Union of the region concerned to propose candidates for the election of a replacement at the next annual meeting of the Board of Directors. However, if the vacancy occurs more than 90 days before the annual meeting of the Board or after the annual meeting of the Governing Council preceding the next Plenipotentiary Conference, the Member of the Union concerned shall appoint as soon as possible and within 90 days one of its nationals as a substitute, which will remain in office until the inauguration of the new member elected by the Board of Directors, or if necessary, until the inauguration of new members the Board to choose the next Plenipotentiary Conference; in both cases, the travel expenses incurred substitute member shall be borne by their administration. The replacement shall be eligible for election by the Board of Directors or by the Plenipotentiary Conference, as appropriate.
89 4. In the performance of their duties, members of the International Frequency Registration Board will not act on behalf of their respective Member States nor a region, but as custodians of an international public trust.
90 5. The essential duties of the International Frequency Registration Board shall be:
91 a) Perform methodical registration and registration of frequency assignments notified by different Members, in accordance with the procedure established in the Radio Regulations and, where appropriate, with the decisions of the competent conferences of the Union, in order to ensure formal international recognition;
92 b) Carry out under the same conditions and with the same object an orderly recording of frequencies and associated orbital positions assigned by Members to geostationary satellites;
93 c) To advise Members to exploit the greatest possible number of radio channels in those regions of the spectrum where harmful interference and equitable, efficient and economical use of the geostationary satellites to occur, taking into account the needs of Members requiring assistance, the specific needs of developing countries, as well as the special geographical situation of particular countries;
94 d) Carry out any additional duties relating to the allocation and use of frequencies and with the equitable use of the geostationary satellites, in accordance with the procedures provided for in the Radio Regulations, prescribed by a competent conference of the Union or by the Board of Directors with the consent of the majority of Members of the Union, for the preparation of such conferences or in compliance with the decisions of the same;
95 e) Provide technical assistance for the preparation of radio conferences in consultation, where appropriate, with the other permanent organs of the Union, and in accordance with the guidelines of the Board of Directors to make these preparations; the Board will also assist developing countries in the preparation of these conferences;
96 f) to maintain such essential records for the performance of their duties;
97 g) exchange, where appropriate, with data Members of the International Frequency Registration Board in computer readable form or other forms Union.
ARTICLE 13. INTERNATIONAL ADVISORY COMMITTEES.
98 1. (1) The International Radio Consultative Committee (CCIR) conduct studies on technical issues and operational issues relating specifically to radiocommunication without limit of frequency range and make recommendations thereon to the telecommunication standardization worldwide; those studies will focus on economic issues in general, but when they involve comparing technical alternatives, may be considered economic factors.
99 (2) (CCITT) International Telegraph and Telephone Consultative Committee will consider the technical, operating and tariff related to telecommunications and make recommendations thereon to the telecommunication standardization worldwide except technical issues and operating relating specifically to radiocommunication which, according to the above number 98, the competence of the International Radio Consultative Committee.
100 (3) In fulfilling its mission, the International Consultative Committees give due attention to the study of the problems and making recommendations directly related to the creation, development and improvement of telecommunications in countries developing, at regional and international levels. Each International Consultative Committee shall carry out its work giving due consideration to the work of national and regional standards bodies and bearing in mind the need for the Union to maintain its pre-eminent position in the field of global telecommunication standardization.
101 2. Members of the International Consultative Committees:
102 a) of right, the administrations of the Members of the Union.
103 b) recognized private operating and scientific or industrial organizations, with the approval of the Member concerned, their wish to participate in the work of these committees.
104 3. Each International Consultative Committee shall work through: 105
a) The Plenary Assembly;
106 b) The study commissions instituted it;
107 c) a Director elected by the Plenipotentiary Conference for the period between two plenipotentiary. It will be re-elected once.
108 4. If the position of director becomes vacant due to unforeseen circumstances, the Board of Directors at its next annual meeting, appoint the new Director in accordance with the provisions of article 3. the Convention.
109 5. There shall be a World Plan Committee, and such Regional Plan Committees as may be jointly Plenary Assemblies of the International Consultative Committees. These committees will develop a General Plan for the international telecommunication network to facilitate coordinated development of international telecommunication services. They entrusted to the International Consultative Committees studying issues that are of particular interest to developing countries and falling within the purview of those committees.
110 6. The Regional Plan Committees may associate with its work closely to regional organizations that wish.
111 7. The working methods of the International Consultative Committees in the Convention.
ARTICLE 14. OFFICE OF TELECOMMUNICATION DEVELOPMENT.
112 1. The functions of the Office of Telecommunication Development Bureau (BDT) shall be to fulfill the purposes of the Union set out in article 1. of this Constitution and play within their specific sphere of competence, the double role of the Union as a specialized agency of the United Nations and as the executing agency for the realization of development projects of the United Nations and other initiatives financing in order to facilitate and enhance telecommunications development by offering, organizing and coordinating cooperation activities and technical assistance.
113 2. In that context, the Office of Telecommunication Development shall have the following specific functions:
114 a) To raise awareness in decision makers about the important role of telecommunications in national programs socio-economic development, and provide information and advice on possible policy options;
115 b) Promote the development, expansion and operation of telecommunication networks and services, particularly in developing countries, taking into account the activities of other relevant bodies, and strengthening the capacities of human resource upgrading, planning, management, resource mobilization, and research and development;
116 c) enhance the growth of telecommunications through cooperation with regional telecommunications organizations and with global finance institutions and regional development;
117 d) To encourage industry participation in the development of telecommunications in developing countries, and offer advice on the choice and transfer of appropriate technology; 118
e) Provide advice and conduct or sponsor, if applicable, the necessary studies on technical, economic, financial, managerial, regulatory and policy issues, including studies of specific projects in the field of telecommunications; 119
f) Collaborate with the International Consultative Committees and other concerned bodies in the preparation of a general plan for international and regional networks of telecommunications, in order to facilitate the coordinated development of them to provide telecommunications services;
120 g) Provide support for the preparation and organization development conferences.
121 3. The Office of Telecommunication Development shall work through: 122
a) World Conferences development and regional development conferences; the Office of Telecommunication Development prepare the draft agenda of the conference for further development by the Board of Directors approval;
123 b) A director elected by the Plenipotentiary Conference for the period between two plenipotentiary conferences, be reelected only once.
124 4. If the position of director becomes vacant due to unforeseen circumstances, the Board of Directors at its next annual meeting, appoint the new director in accordance with the relevant provisions of Article 3. the Convention.
ARTICLE 15 Coordination Committee.
125 1. The Coordination Committee shall consist of the Secretary General, Deputy Secretary General, the Directors of the International Consultative Committees, the Director of the Office of Telecommunication Development and the President and Vice President of the International Board Frequency Register. Its Chairman is the Secretary General and, in his absence, the Deputy Secretary General.
126 2. The Coordination Committee shall advise and assist the Secretary General in all administrative, financial and technical cooperation affecting more than one permanent organ, and with regard to external relations and public information . In its deliberations, the Coordination Committee shall comply fully with the provisions of this Constitution and the Convention, the decisions of the Board of Directors and the interests of the Union.
127 3. The Committee shall also, other matters entrusted to the Convention and any others entrusted to the Board of Directors. Once examined, inform the Board of Directors through the Secretary General.
ARTICLE 16. ELECTED OFFICIALS AND STAFF OF THE UNION.
128 1. (1) In the performance of their duties, elected officials and staff of the Union shall not seek or accept instructions from any government or any authority outside the Union. They are likewise refrain from any action incompatible with their status as international officials.
129 (2) Each Member shall respect the exclusively international character of the role of elected officials and staff of the Union and shall not seek to influence them in the performance of their duties.
130 (3) Outside the performance of their duties, elected officials and staff of the Union shall not participate or have any financial interest of any kind in any telecommunications company. In the term "financial interest" does not include the continued payment of charges related to the establishment of a pension, derived from a previous employment or service.
131 (4) In order to ensure the efficient functioning of the Union, any Member, a national of which has been elected Secretary General, Deputy Secretary General, member of the International Frequency Registration Board, director of an Advisory Committee International and Director of the Office of Telecommunication Development shall refrain, as far as possible, to remove it between two plenipotentiary.
132 2. The Secretary-General, the Deputy Secretary General, the Directors of the International Consultative Committees, the Director of the Office of Telecommunication Development, as well as members of the International Frequency Registration Board shall all be nationals of different members. In making your choice, we must take into account the principles set out in the following number 133 and equitable geographical distribution among the various regions of the world.
133 3. The paramount consideration in the recruitment of staff and in determining the conditions of employment will be the need to guarantee the Union the services of persons of the highest efficiency, competence and integrity. It is given due importance to the recruitment of staff on as wide a geographical basis as possible.
ARTICLE 17 FINANCES OF THE UNION.
134 1. Union expenses comprise the costs of:
135 a) The Board of Directors and the permanent organs of the Union;
136 b) Plenipotentiary Conferences and world administrative conferences; 137
c) Cooperation and technical assistance provided to developing countries.
138 2. The expenses of the Union shall be met by contributions from members in proportion to the number corresponding to the class of contribution chosen by each Member as the scale in Article 26 of the Convention units.
139 3. (1) Members shall be free to choose their class who wish to contribute to the payment of the expenses of the Union.
140 (2) This choice is made within six months from the date of closing of the Plenipotentiary Conference in accordance with the scale of classes of contribution contained in Article 26 of the Convention.
141 (3) If the Plenipotentiary Conference adopts an amendment to the scale of classes of contribution contained in the Convention, the Secretary General shall inform each Member of the date of entry into force of the amendment. Within six months from the date of this communication, each Member shall notify the Secretary General class of contribution it has chosen in the new scale.
142 (4) The class of contribution chosen by each Member in accordance with the above numbers 140 or 141, shall apply as from 1. January following the course of a period of one year from the expiration of six months referred to in the above numbers 140 or 141.
143 4. Members who have not made known their decision within the period provided in the preceding paragraphs 140 and 141 shall retain the class of contribution they have chosen above.
144 5. The class of contribution chosen by a Member may be reduced in accordance with the above numbers 140, 141 and 142. However, in exceptional circumstances such as natural disasters necessitating the launch of international aid programs, the Council of Directors may authorize a reduction in the tax class when a Member so requests and established that it can no longer maintain its contribution at the class originally chosen.
145 6. Likewise, Members may, with the approval of the Board of Directors, choose a lower class of contribution they have chosen previously in accordance with the previous number 140, if their relative positions of contribution from the date set in the previous number 142 for a new period of contribution, substantially more unfavorable than his last previous positions.
146 7. Expenses incurred by the regional administrative conferences that the number 63 of this Constitution shall be borne by the Members of the region concerned, in accordance with their class refers to and, where appropriate, on the same basis by any Members of other regions participating in such conferences.
147 8. Members shall pay in advance their annual contribution calculated on the basis of approved by the Board of Directors budget.
148 9. Members in arrears to the Union lose the right to vote stipulated in the numbers 24 and 25 of this Constitution when the amount of its arrears equals or exceeds that of their contributions to the two previous years.
149 10. The provisions relating to financial contributions from private companies recognized operating agencies, scientific or industrial organizations and international organizations in the Convention.
ARTICLE 18. LANGUAGES.
150 1. (1) The official and working languages of the Union are: Arabic, Chinese, Spanish, French, English and Russian.
151 (2) These languages are used in accordance with the relevant decisions of the Plenipotentiary Conference for the drafting and publication of the documents and texts of the Union, in versions equivalent in form and content, and for reciprocal interpretation during conferences, Plenary Assemblies and meetings of the Union.
152 (3) In case of disagreement or dispute, the French text shall prevail.
153 2. When all participants in a conference or meeting Plenary Assembly agree, you can use a smaller number of languages mentioned above in the discussion.
ARTICLE 19. HEADQUARTERS OF THE UNION.
154 The seat of the Union shall be at Geneva.
ARTICLE 20. LEGAL CAPACITY OF THE UNION.
155 The Union shall enjoy in the territory of each of its Members such legal capacity necessary for the exercise of its functions and the fulfillment of its purposes.
ARTICLE 21. RULES OF PROCEDURE OF CONFERENCES AND OTHER MEETINGS.
156 1. For the organization of their work and in their debates, conferences, plenary meetings and meetings of the International Consultative Committees shall apply the Rules of Procedure in the Convention.
157 2. Conferences, the Governing Council, the Plenary Assemblies and meetings of the International Consultative Committees may adopt such rules as they deem necessary to complete the internal rules. However, such rules must be compatible with the provisions of this Constitution and the Convention; in the case of those adopted by Plenary Assemblies and study commissions, they will be published as a resolution in the documents of the Plenary Assemblies.
CHAPTER II GENERAL PROVISIONS RELATING TO TELECOMMUNICATIONS
ARTICLE 22. PUBLIC'S RIGHT TO USE THE INTERNATIONAL TELECOMMUNICATION SERVICE.
158 Members recognize the public the right to communicate through the international service of public correspondence. Services, rates and guarantees will be the same in each category of correspondence for all users without any priority or preference.
ARTICLE 23. DETENTION OF TELECOMMUNICATIONS.
159 1. Members reserve the right to stop the transmission of any private telegram which may appear dangerous to the security of the State or contrary to its laws, to public order or morality, provided reserve immediately notify the home office arrest telegram or any part thereof, unless such notification may appear dangerous to the security of the state.
160 2. Members reserve the right to discontinue any other private telecommunications which may appear dangerous to the security of the State or contrary to its laws, to public order or morality are also reserved.
ARTICLE 24. SUSPENSION OF SERVICE.
161 Each Member reserves the right to suspend the international telecommunication service, either generally or only for certain relations and for certain kinds of correspondence, outgoing, incoming or in transit, with the obligation to notify immediately, through the Secretary General, other Members.
ARTICLE 25. RESPONSIBILITY.
162 Members accept no liability in connection with the users of the international telecommunication services, particularly as regards claims for damages.
ARTICLE 26. SECRECY OF TELECOMMUNICATIONS.
163 1. Members agree to take all measures to allow the telecommunication system used to ensure the secrecy of international correspondence.
164 2. However, reserve the right to communicate such correspondence to the competent authorities in order to ensure the implementation of their national legislation or the implementation of international conventions to which they are party.
ARTICLE 27. ESTABLISHMENT, EXPLOITATION AND PROTECTION OF TELECOMMUNICATION CHANNELS AND FACILITIES.
165 1. Members shall take appropriate measures for the establishment, under the best technical conditions, of the channels and installations necessary for rapid and uninterrupted exchange of international telecommunications.
166 2. Where possible, these channels and installations must be operated in accordance with the best methods and practice-based exploitation and kept in good working order and at the height of scientific and technical progress.
167 3. Members shall safeguard these channels and installations within their respective jurisdictions.
Special agreements 168 4. Unless other conditions are laid, each Member shall take the necessary measures to maintain the sections of international telecommunication circuits within its control.
ARTICLE 28 Notification of Infringements.
169 In order to facilitate the implementation of Article 6. of this Constitution, Members undertake to inform one another of infringements of the provisions of this Constitution, the Convention and the Administrative Regulations.
ARTICLE 29. PRIORITY OF TELECOMMUNICATIONS CONCERNING SAFETY OF LIFE.
170 International telecommunication services must give absolute priority to all telecommunications concerning safety of life at sea, on land, in the air and in outer space, as well as to epidemiological telecommunications of exceptional urgency the World Health Organization.
ARTICLE 30. PRIORITY OF TELECOMMUNICATIONS OF STATE.
171 Subject to the provisions of Articles 29 and 35 of this Constitution, the state telecommunications (see Annex to this Constitution, number 1015) will have priority over other telecommunications to the extent possible and at the request expresses the person concerned.
ARTICLE 31. SPECIAL AGREEMENTS.
172 Members reserve for themselves, for the private operating agencies recognized by them and for other agencies duly authorized to that effect, the power to make special arrangements on telecommunication matters which do not concern the general membership . However, such agreements may not conflict with the provisions of this Constitution, the Convention or the Administrative Regulations as it concerns the harmful interference which their operation might cause to the radio services of other Members and, general, as regards the technical harm which their operation might cause to the operation of other telecommunication services of other Members.
ARTICLE 32. CONFERENCES, AGREEMENTS AND REGIONAL ORGANISATIONS.
173 Members reserve the right to convene regional conferences, to make regional arrangements and to form regional organizations to resolve telecommunication problems that can be addressed in a regional reserve. Regional arrangements not be in conflict with this Constitution or the Convention. CHAPTER III
SPECIAL PROVISIONS RELATING TO THE RADIO
ARTICLE 33. USE OF RADIO FREQUENCY SPECTRUM AND ORBIT Geostationary satellites.
174 1. Members shall endeavor to limit frequencies and the spectrum used to the minimum necessary for the satisfactory operation of the necessary services. To this end, they shall endeavor to apply, at the earliest, the latest advances in technology.
175 2. In using frequency bands for radio services, Members shall bear in mind that radio frequencies and the geostationary satellites are limited natural resources to be used rationally, efficiently and economically, in accordance with the provisions of the Radio Regulations, to allow equitable access to those orbits and frequencies to different countries or groups of countries, taking into account the special needs of developing countries and the geographical situation of particular countries.
176 1. All stations, whatever their purpose, must be established and operated in such manner as not to cause harmful radio services or communications of other Members, private recognized operating or those interference other duly authorized to perform and a radio service operating in accordance with the provisions of the Radio Regulations.
177 2. Each Member undertakes to require the private operating agencies which it recognizes and the other duly authorized for this purpose, compliance with the provisions of the preceding paragraph 176.
178 3. Members recognize likewise the necessity of taking all possible measures to prevent the operation of electrical apparatus and installations of all kinds from causing harmful interference to radio services or communications that the previous number 176 refers to
ARTICLE 35 DISTRESS CALLS AND MESSAGES.
179 radio stations are obliged to accept, with absolute priority calls and distress messages, whatever their origin, and to respond in the same manner to such messages, and immediately to the due course.
SIGNALS DISTRESS, URGENCY, SAFETY OR IDENTIFICATION false or misleading.
180 Members agree to take necessary measures to prevent the transmission or circulation of signs of distress, urgency, safety or identification false or deceptive measures, and to collaborate in locating and identifying stations under their jurisdiction transmitting such signals.
FACILITIES SERVICES OF NATIONAL DEFENCE.
181 1. Members retain their entire freedom with regard to military radio installations.
182 2. Nevertheless, these installations will be adjusted as possible to the provisions relating to assistance in cases of emergency, measures to avoid harmful interference and the requirements of the Administrative Regulations concerning the types of emission and the frequencies to be used, depending on the nature of the service.
183 3. Moreover, when these installations in the service of public correspondence or other services governed by the Administrative Regulations must generally comply with the regulatory provisions applicable to such services.
CHAPTER IV RELATIONS WITH UNITED NATIONS, INTERNATIONAL ORGANIZATIONS AND NON-MEMBER STATES
ARTICLE 38. RELATIONS WITH THE UNITED NATIONS.
184 1. Relations between the United Nations and the International Telecommunication Union are defined in the Agreement concluded between the two organizations.
ARTICLE 39. RELATIONS WITH INTERNATIONAL ORGANIZATIONS.
185 In order to contribute to a complete international coordination on matters affecting telecommunication, the Union shall cooperate with international organizations having related interests and activities.
ARTICLE 40. RELATIONS WITH NON-MEMBER STATES.
186 Members reserve for themselves and for private recognized operating agencies the right to fix the conditions under which telecommunications are to be studied in a State other than the Member of the Union. All from telecommunication such State and accepted by a Member shall be transmitted and will apply the mandatory provisions of this Constitution, the Convention and the Administrative Regulations and normal rates, to the extent that use channels of a Member . CHAPTER V
FINAL PROVISIONS Next