Act 28 1992

Original Language Title: LEY 28 de 1992

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ACT 28 OF 1992

(December 28)

Official Journal No. 40,699 of 29 December 1992

By means of which the " Constitution of the International Union

is approved

of Telecommunications, the International Telecommunications Union Convention and the Optional Protocol on the Settlement of Disputes related to the Constitution of the International Telecommunication Union, the Convention of the International Telecommunication Union and Administrative Regulations ', made at Nice on 30 June 1989.

THE CONGRESS OF COLOMBIA,

Seen the texts of the " Constitution of the International Telecommunication Union, the Convention of the International Union of Telecommunications and the Optional Protocol on the Settlement of Controversies related to the Constitution of the International Telecommunications Union, the International Telecommunication Union Convention and the Administrative Regulations ", made at Nice on 30 June 1989, which the letter says:

OPTIONAL PROTOCOL

On the mandatory settlement of disputes relating to the Constitution of the International Telecommunication Union, the International Telecommunication Union Convention and the Administrative Regulations. Nice 1989

In the act of proceeding to the signing of the Constitution of the International Telecommunication Union and the Convention of the International Telecommunication Union of Nice (1989), the Plenipotentiaries who subscribe have signed the present protocol optional on the mandatory dispute settlement.

Members of the Union, parties to this Optional Protocol expressing the desire to appeal as far as they are concerned, to the binding arbitration to resolve all disputes concerning the interpretation or application of the Constitution. the Convention or the Administrative Regulations provided for in Article 4. of the Constitution, have agreed as follows:

ARTICLE 1.

Unless one of the forms of solution referred to in Article 45 of the Constitution is chosen by common accord, disputes concerning the interpretation or application of the Constitution, the Convention or the Administrative Regulations provided for in Article 4. of the Constitution shall be submitted at the request of one of the parties to a binding arbitration. The procedure shall be that of Article 34 of the Convention, which point 5 (number 409) shall be extended as follows:

" 5. Each party to the dispute shall appoint an arbitrator within three months from the date of receipt of the notice of the request for arbitration. After that period, if one of the parties has not appointed an arbitrator, this designation shall be made by the Secretary-General, at the request of the other party, who shall proceed in accordance with the provisions of the Convention's numbers 407 and 408. "

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ARTICLE 2.

This Protocol shall be open to the signature of the 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. Members who are parties to the Constitution and to the Convention and States that become Members of the Union may accede to it. The instrument of ratification, approval or accession shall be deposited with the Secretary-General.

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ARTICLE 3.

This Protocol shall enter into force for the parties to it which have ratified, accepted or approved or acceded to it on the same date as the Constitution and the Convention, provided that at least two have been deposited by that date. instruments of ratification, acceptance, approval or accession. If not, this Protocol shall enter into force on the 30th day after the deposit of the second instrument of ratification, acceptance, approval or accession.

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ARTICLE 4.

This Protocol may be amended by the parties in this Protocol during a conference of Union plenipotentiaries.

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ARTICLE 5.

Any member party to this Protocol may denounce it by notification addressed to the Secretary-General; such denunciation shall take effect within one year of the date of receipt of such notification by the Secretary-General.

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ARTICLE 6.

The Secretary General will notify all Members:

(a) The 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 each amendment to it;

d) The date on which each complaint will take effect.

In testimony to which the respective Plenipotentiaries sign the present protocol in each of the Arabic, Chinese, Spanish, French, English, and Russian languages in the intelligence that, in the event of a discrepancy, the French text will attest; this Copy shall be deposited in the archives of the International Telecommunication Union, which shall transmit copies thereof to each of the signatories.

In Nice, 30 June 1989.

CONSTITUTION OF THE INTERNATIONAL TELECOMMUNICATIONS UNION

Preamble

1 Recognizing in all its fullness the sovereign right of each State to regulate its telecommunications and taking into account the increasing importance of telecommunications for the safeguarding of peace and social and economic development of all States, the States Parties to this Constitution, a fundamental instrument of the International Telecommunication Union, and the International Telecommunication Union Convention (hereinafter referred to as the "Convention"), which the complements, in order to facilitate peaceful relations, international cooperation and economic and social development between the peoples through the smooth functioning of telecommunications, have agreed as follows:

CHAPTER I

BASICAS PROVISIONS

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ARTICLE 1o. OBJECT OF THE UNION.

2 1. The Union shall have as its object:

3 (a) To maintain and expand international cooperation among all Union Members for the improvement and rational use of all kinds of telecommunications, as well as to promote and provide technical assistance to developing countries in the field of telecommunications;

4 (b) To promote the development of technical means and their most efficient exploitation, in order to increase the performance of telecommunication services, increase their use and make their use of the public as possible as possible;

5 c) Promote the use of telecommunications services in order to facilitate peaceful relations;

6 (d) Harmonize the efforts of Members to achieve these goals;

7 2. For this purpose, and in particular the Union:

8 (a) It shall carry out the attribution of radio spectrum frequency bands, and the allocation of radio frequencies, and shall record the frequency allocations and associated orbital positions in the orbit of the radio spectrum. geostationary satellites, in order to avoid any harmful interference between radio stations in different countries;

9 b) Coordinate efforts to eliminate harmful interferences between radio stations in different countries and improve the use of radio frequency spectrum and satellite orbit. geostationary for radio communication services;

10 c) Facilitate global standardization of telecommunications with satisfactory quality of service;

(d) Promote international cooperation in the supply of technical assistance to developing countries, as well as the creation, development and improvement of telecommunications facilities and networks in the countries in question. development by all means available to it and in particular by means of its participation in the appropriate United Nations programmes and the use of its own resources, as appropriate;

12 e) Coordinate the same, efforts to harmonise the development of the telecommunications media, especially those using space techniques, in order to make the most of their possibilities;

13 (f) Promote collaboration among Members in order to reach, in the setting of tariffs, the minimum level compatible with good quality service and with sound and independent financial management of telecommunications;

14 g) Promote the adoption of measures to ensure the safety of human life through the cooperation of telecommunication services;

15 h) It will start studies, establish regulations, adopt resolutions, formulate recommendations and pleas, and gather and publish information on telecommunications;

16 i) To promote, in the face of international financial organizations, the establishment of preferential and favorable credit lines for the development of social projects aimed at extending telecommunications services to the more isolated from countries.

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ARTICLE 2o. COMPOSITION OF THE UNION.

17 By virtue of the principle of universality, which makes universal participation in the Union desirable, the International Telecommunication Union shall consist of:

18 (a) Any State that is a Member of the Union for having been a party to an International Telecommunications Convention prior to the entry into force of this Constitution and the Convention;

19 (b) Any other State, Member of the United Nations, which shall accede to this Constitution and the Convention in accordance with the provisions of Article 42 of this Constitution;

20 (c) Any other State which, not being a member of the United Nations, requests its admission as a Member of the Union and who, upon approval of its request by two-thirds of the Members of the Union, shall accede to the present Constitution and the Convention in accordance with the provisions of Article 42 of this Constitution. If such a request is made in the period between two Plenipotentiary Conferences, the Secretary-General shall consult the Members of the Union. Any Member who has not responded within four months of the date on which he has been consulted shall be deemed to have been held back.

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ARTICLE 3. RIGHTS AND OBLIGATIONS OF MEMBERS.

21 1. The Members of the Union shall have the rights and shall be subject to the obligations laid down in this Constitution and in the Convention.

22 2. Members ' rights as regards their participation in the Union conferences, meetings or consultations shall be as follows:

23 (a) Participate in Union conferences, be eligible for the Board of Directors, and present candidates for the elective positions of all the permanent organs of the Union;

24 (b) Each Member, subject to the provisions of numbers 148 and 189 of this Constitution, shall be entitled to one vote at all Plenipotentiary Conferences, at all world administrative conferences, at all meetings of the International Advisory Committees and, if it is part of the Board of Directors, in all meetings of the Board. At regional administrative conferences, only members of the region concerned shall have the right to vote;

25 (c) Each Member, subject to the provisions of numbers 148 and 189 of this Constitution, shall also be entitled to one vote in the consultations carried out by correspondence. In the case of consultations concerning regional administrative conferences, only members of the region concerned shall have the right to vote.

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ARTICLE 4. UNION INSTRUMENTS.

26 1. The instruments of the Union are:

This Constitution of the International Telecommunication Union,

-The International Telecommunication Union Convention, and

-Administrative Regulations.

27 2. This Constitution, whose provisions are complemented by those of the Convention, is the fundamental instrument of the Union.

28 3. The provisions of this Constitution and the Convention are further supplemented by the following Administrative Regulations governing the use of telecommunications and shall be binding on all Members:

-International Telecommunication Regulations.

-Radio Regulations.

29 4. In the event of divergence between a provision of this Constitution and a provision of the Convention or Administrative Regulations, the first shall prevail. In case of divergence between a provision of the Convention and a provision of an Administrative Regulation, the Convention shall prevail.

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ARTICLE 5o. DEFINITIONS.

30 Unless otherwise detached from the context:

31 (a) The terms used in this Constitution and defined in its Annex, which form an integral part thereof, shall have the meaning assigned to them;

32 (b) The terms other than those defined in the Annex to this Constitution used in the Convention and defined in its Annex, which form an integral part thereof, shall have the meaning assigned to them;

33 c) The other terms defined in the Administrative Regulations will have the meaning assigned to them.

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ARTICLE 6. EXECUTION OF THE INSTRUMENTS OF THE UNION.

34 1. The Members shall be bound by the provisions of this Constitution, the Convention and the Administrative Regulations in all telecommunications offices and stations which are installed or operated by them and which provide services. or may cause harmful interference to the radio communication services of other countries, except as regards 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 to private companies operating for them. authorised to establish and operate telecommunications and to provide international services or to operate stations which may cause harmful interference to the radio communication services of other countries.

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ARTICLE 7o. UNION STRUCTURE.

36 The Union shall comprise the following

:

37 1. The Conference of Plenipotentiaries, the supreme body of the Union.

38 2. Administrative conferences.

39 3. The Board of Directors.

40 4. The permanent organs listed below:

41 (a) The General Secretariat;

42 b) The International Board of Frequency Records (IFRB);

43 c) The International Advisory Committee on Radiocommunications (CCIR);

44 (d) The International Telephone and Telephone Advisory Committee (CCITT);

45 e) The Telecommunications Development Office (BDT).

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ARTICLE 8o. PLENIPOTENTIARY CONFERENCE.

46 1. The Conference of Plenipotentiaries shall be composed of delegations representing the members and shall be convened normally every five years. In any case, the interval between two successive Plenipotentiary Conferences shall not exceed six years.

47 2. Plenipotentiary Conference:

48 (a) Determinate the general principles applicable to the achievement of the Union's object as prescribed in Article 1. of this Constitution.

49 b) Examine the report of the Board of Directors on the activities of the Union bodies since the last conference of Plenipotentiaries.

50 (c) Set the basis of the Union budget and determine the ceiling of its expenditure until the next Plenipotentiary Conference after considering all relevant aspects of the Union's activities during that period, including the programme of conferences and meetings and any other medium-term plan submitted by the Management Board;

51 (d) Dara the general instructions related to the Union staff template, and if necessary, set the basic salaries and the salary scale; as well as the system of allowances and pensions for all Union officials;

52 (e) Examining and where appropriate, shall definitively approve the accounts of the Union;

53 (f) Elect the members of the Union to be the Board of Directors;

54 g) You will elect the Secretary-General and the Deputy Secretary-General and set the dates on which you are to take office;

55 h) You will elect the members of the International Board of Record of Frequency and set the date on which they are to take office;

56 i) You will elect the Directors of the International Advisory Committees and set the date on which they are to take office;

57 j) You shall elect the Director of the Telecommunications Development Office and fix the date on which he is to take office;

58 k) Examines 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 of Article 35 of the Convention, respectively;

59 l) Concertare and, where appropriate, review agreements between the Union and other international organisations, shall examine the interim agreements concluded with those organisations by the Management Board on behalf of the Union and shall resolve on them as it deems appropriate;

60 m) It will treat how many telecommunication issues you deem necessary.

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ARTICLE 9. ADMINISTRATIVE CONFERENCES.

61 1. The administrative conferences of the Union comprise:

62 a) Global administrative conferences;

63 b) Regional administrative conferences.

64 2. Normally, administrative conferences will be convened to study particular telecommunications issues and will be strictly limited to dealing with matters on their agenda. The decisions they adopt will have to be adjusted in all cases to the provisions of this Constitution and the Convention. In adopting resolutions and decisions, the administrative conferences must take account of their foreseeable financial implications and seek to avoid the adoption of those which may lead to the overshooting of the upper limits of the appropriations set by the Conference of Plenipotentiaries.

65 3. (1) The agenda for a global 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 issues of a global nature that are of the competence of the conference.

69 (2) The agenda of a regional administrative conference may only contain points relating to specific regional telecommunications issues, including instructions to the International Board of Record of Frequency related to their activities in respect of the region concerned, provided that such instructions are not in conflict with the interests of other regions. In addition, the decisions of such conferences will in all cases be adjusted to the provisions of the Administrative Regulations.

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ARTICLE 10. ADMINISTRATION COUNCIL.

70 1. (1) The Management Board shall be constituted by forty-three Union Members elected by the Conference of Plenipotentiaries taking into account the need for an equitable distribution of posts among all regions of the world. Except in the case of vacancies occurring under the conditions specified in the Convention, those Members shall have their mandate until the election of a new Board of Directors by the Conference of Plenipotentiaries and shall be reelectable.

71 (2) Each of the Members of the Council shall designate a person to act in that person, who 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 the Plenipotentiary Conferences, the Board of Directors shall act as president of the Conference of Plenipotentiaries, within the limits of the powers delegated to it.

74 4. (1) The Management Board shall take the necessary measures to facilitate the implementation by the Members of the provisions of this Constitution of the Convention, of the Administrative Regulations, of the decisions of the Conference of Plenipotentiaries and, where appropriate, decisions of other conferences and meetings of the Union. It will also carry out the tasks entrusted to it by the Conference of Plenipotentiaries.

75 (2) Each year the technical assistance policy shall be terminated in accordance with the objective of the Union.

76 (3) It shall establish the effective coordination of the Union's activities and exercise effective financial control over its permanent bodies.

77 (4) Will promote international cooperation to provide technical cooperation to developing countries by all means available to them, including through the participation of the Union in appropriate United Nations programmes, compliance with the objective of the Union to promote, by all means, the development of telecommunications.

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ARTICLE 11. GENERAL SECRETARY.

78 1. (1) The General Secretariat shall be headed by a Secretary-General, assisted by a Deputy Secretary-General.

79 (2) The Secretary-General shall act as the legal representative of the Union.

80 (3) The Secretary-General and the Deputy Secretary-General shall hold their positions on the dates to be determined at the time of their election. They will normally remain in office until the date that determines the next Plenipotentiary Conference and will only be re-eligible once.

81 (4) The Secretary-General shall take the necessary measures to ensure the economic use of the Union's resources and shall respond to the Board of Directors of all administrative and financial aspects of the activities of the Union. Union. The Deputy Secretary-General shall respond to the Secretary-General.

82 2. (1) If the employment of the Secretary-General becomes vacant, the Deputy Secretary-General will succeed him, who will keep him until the date determined by the next Conference of Plenipotentiaries and may be elected to that office, subject to the provisions of the preceding number 80. When under these conditions the Deputy Secretary-General shall be deemed to be the Secretary-General, the employment of Deputy Secretary-General shall be deemed to be vacant on the same date and the provisions of the following number 83 shall apply.

83 (2) If the position of Deputy Secretary-General becomes vacant more than 180 days before the date set for the commencement of the next Plenipotentiary Conference, the Board of Directors shall appoint a successor for the remainder of the term of office.

84 (3) If the positions of Secretary-General and Deputy Secretary-General remain vacant simultaneously, the most senior elected official in office shall assume the duties of Secretary-General for a period not exceeding 90 days. The Management Board shall appoint a Secretary-General and, in the event of such vacancies occurring more than 180 days before the date fixed for the commencement of the next Plenipotentiary Conference, to a Deputy Secretary-General. Officials appointed by the Board of Directors shall remain in office for the remainder of the term of office for which their predecessors had been elected. They will be able to apply in the elections for the posts of Secretary General and Deputy Secretary General at the Conference of Plenipotentiaries.

85 3. The Deputy Secretary-General will assist the Secretary General in the performance of his duties and will assume those specifically entrusted to him. You will perform the functions of the Secretary-General in the absence of this.

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ARTICLE 12. INTERNATIONAL FREQUENCY RECORDING BOARD.

86 1. The International Board of Record of Frequency (IFRB) shall be composed of five independent members elected by the Conference of Plenipotentiaries among the candidates proposed by the Members of the Union in such a way as to ensure that equitable distribution between the regions of the world. Each Member may propose only one candidate, which shall be one of its nationals.

87 2. Members of the International Board of Record of Frequency shall take possession of their positions on the dates to be determined at the time of their election, remain in office until the date determined by the Conference of Plenipotentiaries next and they will be reeligible once.

88 3. In the event of resignation, death or abandonment of duties by a elected member of the Board in the period between two Plenipotentiary Conferences that elect the members of the Board, the Chair of the Board shall ask the Secretary-General inviting the Members of the Union of the region concerned to propose candidates for the election of a substitute 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 of Directors or after the annual meeting of the Board of Directors preceding the next Conference of Plenipotentiaries, the Member of the Union He shall designate as soon as possible and within 90 days another of his nationals as a substitute, which shall remain in office until the inauguration of the new member elected by the Board of Directors, or, where appropriate, until the of the new members of the Board to elect the next Conference of Plenipotentiaries; in both the costs incurred by the replacement member's journey shall be borne by his/her administration. The substitute may be a candidate for election either by the Board of Directors or by the Plenipotentiary Conference, as appropriate.

89 4. In the performance of their duties, the members of the International Board of Directors of Frequency shall not act in representation of their respective Member States or of a given region, but as the depositaries of the international public faith.

90 5. The essential functions of the International Frequency Registration Board shall be as follows:

91 (a) Enrollment and record the methodical registration of the frequency assignments notified by the different Members, in accordance with the procedure laid down in the Radio Regulations and, where appropriate, with the decisions of the competent conferences of the Union, in order to ensure their official international recognition;

92 (b) to perform under the same conditions and with the same object the methodical enrollment of the associated orbital frequencies and positions assigned by the Members to geostationary satellites;

93 (c) To advise Members on the exploitation of the greatest possible number of radio channels in the regions of the frequency spectrum in which harmful interference may occur and the equitable, effective and economic use of the orbit of geostationary satellites, taking into account the needs of Members requiring assistance, the specific needs of developing countries, as well as the special geographical situation of certain countries;

94 d) Carry out the other complementary functions related to the allocation and use of frequencies and the equitable use of the orbit of geostationary satellites, in accordance with the procedures laid down in the Radio-communications regulation, as prescribed by a competent Union conference or by the Management Board with the consent of the majority of the Members of the Union, for the preparation of such conferences or in compliance with the decisions of the same;

95 e) Technical assistance for the preparation of radio communications conferences by consulting, if appropriate, with the other permanent bodies of the Union, and in accordance with the guidelines of the Board of Directors to carry out these preparations; the Board shall also provide assistance to developing countries in the preparation of such conferences;

96 f) To keep up-to-date records indispensable for the performance of their functions;

97 g) Exchange, where appropriate, with Union Members data from the International Board of Frequency Records in a computer-readable form or other ways.

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ARTICLE 13. INTERNATIONAL ADVISORY COMMITTEES.

98 1. (1) The International Radiocommunications Advisory Committee (CIR) shall carry out studies on technical and operational issues specifically relating to radio communications without limitation of the frequency range and shall formulate In this context, the Commission will be able to take the necessary steps to ensure that the European Commission is able to take the necessary steps to ensure that it is able to consideration of economic factors.

99 (2) The International Telegraphic and Telephone Advisory Committee (CCITT) will study the technical, operating and pricing issues related to telecommunications and will make recommendations for the standardisation of telecommunications. telecommunications at global level, with the exception of technical and operational issues relating specifically to radio communications which, according to the previous number 98, are the responsibility of the International Radiocommunications Advisory Committee.

100 (3) In the performance of its mission, the International Advisory Committees will pay due attention to the study of problems and to the elaboration of the recommendations directly related to the creation, development and improvement of telecommunications in developing countries, at regional and international levels. Each International Advisory Committee shall carry out its work by taking due account of the work of national and regional standardisation bodies and bearing in mind the need for the Union to retain its pre-eminent position in the This is the case for global telecommunications standards.

101 2. They will be members of the International Advisory Committees:

102 (a) In their own right, the administrations of the Members of the Union.

103 (b) The recognised private operating companies and scientific or industrial organisations which, with the approval of the Member concerned, express the wish to participate in the work of these Committees.

104 3. Each International Advisory Committee shall fulfil its tasks by:

105 (a) The Plenary Assembly;

106 b) The study commissions that are instituted;

107 c) A director, elected by the Conference of Plenipotentiaries for the period between two Plenipotentiary Conferences. It will be reelectable once.

108 4. If the position of director is vacant for unforeseen reasons, the Management Board shall, at its next annual meeting, appoint the new Director in accordance with the provisions of Article 3o. of the Convention.

109 5. There will be a World Plan Commission, as well as the Regional Plan Commissions that decide to jointly create the Plenary Assemblies of the International Advisory Committees. These Commissions shall draw up a general plan for the international telecommunications network to facilitate the coordinated development of international telecommunications services. They shall entrust to the International Advisory Committees the study of issues which are of particular interest to developing countries and which fall within the sphere of competence of these Committees.

110 6. The Regional Commissions of the Plan will be able to closely associate their work with the regional organizations that want it.

111 7. The working methods of the International Advisory Committees are set out in the Convention.

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ARTICLE 14. TELECOMMUNICATIONS DEVELOPMENT OFFICE.

112 1. The tasks of the Office for the Development of Telecommunications (BDT) shall be to comply with the purpose of the Union referred to in Article 1. of this Constitution and to carry out, within the framework of its specific sphere of competence, the dual role of the Union as a specialized agency of the United Nations and as an implementing agency for the implementation of the development of the the United Nations system and other funding initiatives, in order to facilitate and enhance the development of telecommunications by offering, organising and coordinating cooperation and technical assistance activities.

113 2. In this context, the Telecommunications Development Office will have the following specific functions:

114 a) Create greater awareness in decision-makers about the important role of telecommunications in national socio-economic development programmes, and provide information and advice on potential policy options;

115 b) Promote the development, expansion and exploitation of telecommunications networks and services, particularly in developing countries, taking into account the activities of other relevant bodies, and strengthening the capacities of upgrading of human resources, planning, management, resource mobilization, and research and development;

116 c) To enhance telecommunications growth through cooperation with regional telecommunications organizations and with global and regional development financing institutions;

117 d) Encourage industry to participate in the development of telecommunications in developing countries, and provide advice on the choice and transfer of appropriate technology;

118 e) Offer advice and conduct or sponsor, where appropriate, necessary studies on technical, economic, financial, administrative, regulatory and general policy issues, including the study of concrete projects in the field of telecommunications;

119 f) Collaborate with the International Advisory Committees and other interested bodies, in the preparation of a general plan of international and regional telecommunication networks, in order to facilitate the coordinated development of the same to provide telecommunication services;

120 g) Provide support for the preparation and organization of development conferences.

121 3. The Telecommunications Development Office will fulfill its tasks by:

122 a) Global development conferences and regional development conferences; the Telecommunications Development Office will prepare the draft agenda for the development conferences for later approval by the Board of Directors;

123 b) A director, chosen by the Conference of Plenipotentiaries for the period between two Plenipotentiary Conferences, will be re-eligible only once.

124 4. If the position of director is vacant for unforeseen reasons, the Management Board shall, at its next annual meeting, appoint the new Director in accordance with the relevant provisions of Article 3o. of the Convention.

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ARTICLE 15. COORDINATION COMMITTEE.

125 1. The Coordination Committee shall be composed of the Secretary-General, the Deputy Secretary-General, the Directors of the International Advisory Committees, the Director of the Telecommunications Development Office and the President and the President. Vice-Chair of the International Board of Frequency Registration. Its President shall be the Secretary-General and, in the absence thereof, the Deputy Secretary-General.

126 2. The Coordination Committee shall advise and assist the Secretary-General in all administrative, financial and technical cooperation matters affecting more than one permanent organ, as well as with regard to external relations. and to public information. In its deliberations, the Coordination Committee shall fully comply with the provisions of this Constitution and the Convention, the decisions of the Management Board and the overall interests of the Union.

127 3. The Committee shall examine the other matters entrusted to it by the Convention and any other matters entrusted to it by the Management Board. Once examined, it will report to the Board of Directors through the Secretary-General.

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ARTICLE 16. ELECTION OFFICIALS AND UNION STAFF.

128 1. (1) In the course of their duties, the officials of election and the staff of the Union shall neither seek nor take instructions from any government or any authority outside the Union. They shall refrain from any act incompatible with their status as international officials.

129 (2) Each Member shall respect the exclusively international character of the task of the officials of election and of the staff of the Union and shall not seek to influence them in the performance of their duties.

130 (3) Out of the performance of their duties, the election officials and the staff of the Union shall not take part or have any financial interests of any kind in any telecommunications company. The expression 'financial interests' does not include the continuation of the payment of quotas for the establishment of a retirement pension, resulting from a previous employment or services.

131 (4) In order to ensure the effective functioning of the Union, any Member, one of whose nationals has been elected Secretary-General, Deputy Secretary-General, member of the International Committee on the Registration of Frequency, Director of a The International Advisory Committee or Director of the Telecommunications Development Office shall, as far as possible, refrain from withdrawing it between two Plenipotentiary Conferences.

132 2. The Secretary-General, the Deputy Secretary-General, the Directors of the International Advisory Committees, the Director of the Telecommunications Development Office, as well as the members of the International Registration Board Frequencies must be all nationals of different Members. The principles set out in the following number 133 and an equitable geographical distribution between the various regions of the world will have to be taken into account in their choice.

133 3. The predominant consideration for the recruitment of staff and in the determination of employment conditions will be the need to ensure that the Union provides the services of persons with the highest efficiency, competence and integrity. Due importance will be given to the recruitment of staff on as wide a geographical basis as possible.

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ARTICLE 17. UNION FINANCES.

134 1. The costs of the Union shall include those incurred by:

135 (a) The Board of Directors and the permanent bodies of the Union;

136 b) Plenipotentiary Conferences and global administrative conferences;

137 c) The cooperation and technical assistance provided to developing countries.

138 2. Union expenditure shall be covered by the contributions of the Members in proportion to the number of units corresponding to the contributory class chosen by each Member, according to the scale set out in Article 26 of the Convention.

139 3. (1) Members shall freely choose the class in which they wish to contribute to the payment of Union expenditure.

140 (2) This election shall be made within six months from the closing date of the Conference of Plenipotentiaries, in accordance with the scale of contributory classes in the article 26 of the Convention.

141 (3) If the Conference of Plenipotentiaries approves an amendment to the scale of contributory classes contained in the Convention, the Secretary-General shall communicate to each Member the date of entry into force of the amendment. Within six months from the date of such communication, each Member shall notify the Secretary-General of the contributory class he has chosen within the new scale.

142 (4) The contributory class chosen by each Member in accordance with previous numbers 140 or 141 shall apply from 1. the following January during a period of one year from the expiry of the six-month period referred to in previous numbers 140 or 141.

143 4. Members who have not made their decision known within the time limit laid down in previous numbers 140 and 141 shall retain the contributory class they have previously chosen.

144 5. The contributory class chosen by a Member may be reduced only in accordance with previous numbers 140, 141 and 142. However, in exceptional circumstances, such as natural disasters requiring the launch of international aid programmes, the Management Board may approve a reduction in the contributory class where a Member so requests and shows that it is not possible to continue to maintain its contribution in the originally chosen class.

145 6. Similarly, Members may, with the approval of the Management Board, choose a lower contributory class than they have previously chosen in accordance with the previous number 140, if their relative positions of contribution, from of the date set out in the previous number 142 for a new period of contributions, they are significantly more unfavourable than their previous positions.

146 7. The expenditure incurred by the regional administrative conferences referred to in paragraph 63 of this Constitution shall be borne by the Members of the region concerned, in accordance with their contributory class and, where appropriate, on the the same basis, by the Members of other regions participating in such conferences.

147 8. Members shall pay in advance their annual contribution calculated on the basis of the budget approved by the Management Board.

148 9. Members who are late in their payments to the Union shall lose the right to vote stipulated in numbers 24 and 25 of this Constitution where the amount of their arrears is equal to or greater than that of their contributions for the two years. precedent.

149 10. The provisions concerning the financial contributions of the recognised private undertakings, scientific or industrial bodies and international organisations are included in the Convention.

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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 shall be used in accordance with the relevant decisions of the Conference of Plenipotentiaries for the drafting and publication of Union documents and texts, in equivalent versions in their form and content, and for the reciprocal interpretation during the Conferences, Plenary Assemblies and Union meetings.

152 (3) In case of divergence or controversy, the French text will make faith.

153 2. When all participants in a conference, Plenary Assembly or meeting so agree, a smaller number of languages than that mentioned above may be used in the debates.

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ARTICLE 19. SEDE OF THE UNION.

154 The Union Headquarters is set in Geneva.

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ARTICLE 20. LEGAL CAPACITY OF THE UNION.

155 The Union shall enjoy, in the territory of each of its Members, the legal capacity necessary for the exercise of its functions and the performance of its purposes.

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ARTICLE 21. RULES OF PROCEDURE OF CONFERENCES AND OTHER MEETINGS.

156 1. For the organization of its work and in its debates, the conferences, plenary assemblies and meetings of the International Advisory Committees shall apply the rules of procedure inserted into the Convention.

157 2. The conferences, the Board of Directors, the Plenary Assemblies and the meetings of the International Advisory Committees may adopt the rules they deem indispensable to supplement those of the rules of procedure. However, these rules must be compatible with the provisions of this Constitution and the Convention; in the case of those adopted by the Plenary Assemblies and committees of study, they shall be published as a resolution in the documents of the Plenary Assemblies.

CHAPTER II

GENERAL RULES REGARDING TELECOMMUNICATIONS

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ARTICLE 22. THE PUBLIC ' S RIGHT TO USE THE INTERNATIONAL TELECOMMUNICATIONS SERVICE.

158 Members acknowledge the public the right to communicate through the international public correspondence service. The services, fees and guarantees will be the same, in each category of correspondence, for all users, without priority or any preference.

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ARTICLE 23. TELECOMMUNICATIONS STOP.

159 1. The 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, public order or good customs, provided that they immediately notify the office of origin the arrest of the telegram or part thereof, unless such notification is deemed dangerous for the security of the State.

160 2. Members also reserve the right to interrupt other private telecommunications which may appear to be dangerous to the security of the State or contrary to its laws, public order or good manners.

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ARTICLE 24. SERVICE SUSPENSION.

161 Each Member reserves the right to suspend the international telecommunications service, either in its entirety or only for certain relations and for certain classes of correspondence of departure, arrival or transit, with the obligation to communicate it immediately, through the Secretary General, to the other Members.

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ARTICLE 25. RESPONSIBILITY.

162 Members do not accept any liability in relation to the users of international telecommunication services, especially as regards claims for damages.

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ARTICLE 26. TELECOMMUNICATIONS SECRET.

163 1. The Members undertake to take all measures to enable the telecommunications system used to ensure the secrecy of international correspondence.

164 2. However, the right to communicate this correspondence to the competent authorities is reserved, in order to ensure the application of their national legislation or the execution of the international conventions in which they are a party.

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ARTICLE 27. ESTABLISHMENT, OPERATION AND PROTECTION OF TELECOMMUNICATIONS CHANNELS AND FACILITIES.

165 1. The Members shall take the measures necessary for the establishment, in the best technical conditions, of the channels and facilities necessary for the rapid and uninterrupted exchange of international telecommunications.

166 2. As far as possible, these channels and facilities must be operated in accordance with the best practices and procedures based on the practice of the operation and remain in good working order and at the level of progress. scientists and technicians.

167 3. Members shall ensure the protection of these channels and facilities within their respective jurisdictions.

168 4. Subject to specific agreements laying down other conditions, each Member shall take the necessary measures for the maintenance of the sections of the international telecommunications circuits subject to its control.

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ARTICLE 28. NOTIFICATION OF VIOLATIONS.

169 In order to facilitate the application of Article 6. of this Constitution, the Members undertake to inform each other of the violations of the provisions of this Constitution, of the Convention and of the Administrative Regulations.

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ARTICLE 29. PRIORITY OF TELECOMMUNICATIONS RELATING TO THE SECURITY OF HUMAN LIFE.

international telecommunications services should give absolute priority to all telecommunications relating to the safety of human life at sea, on land, in the air and in the outer space, as well as to the exceptional emergency epidemiological telecommunications of the World Health Organization.

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ARTICLE 30. STATUS TELECOM PRIORITY.

171 Subject to the provisions of Articles 29 and 35 of this Constitution, telecommunications of the State (see Annex to this Constitution, number 1015) shall have priority over the other telecommunications to the extent of possible and at the express request of the interested party.

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ARTICLE 31. PARTICULAR AGREEMENTS.

172 Members reserve for themselves, for private companies operating for them recognized and for the others duly authorized for that purpose, the power to conclude particular agreements on matters relating to telecommunications which are of no interest to the generality of Members. However, such agreements may not be in contradiction with the provisions of this Constitution, the Convention or the Administrative Regulations in respect of the harmful interference which their application may cause to radio communications services of other Members and, in general, as regards the technical damage which such application may cause to the exploitation of other telecommunications services of other Members.

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ARTICLE 32. REGIONAL CONFERENCES, AGREEMENTS AND ORGANIZATIONS.

173 Members reserve the right to hold regional conferences, to enter into regional agreements, and to set up regional organisations in order to solve telecommunications problems which can be dealt with at regional level. Regional agreements shall not be in contradiction with this Constitution or with the Convention.

CHAPTER III

SPECIAL PROVISIONS RELATING TO RADIOCOMMUNICATIONS

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ARTICLE 33. USE OF THE RADIO FREQUENCY SPECTRUM AND THE ORBIT OF GEOSTATIONARY SATELLITES.

174 1. The Members shall endeavour to limit the frequencies and spectrum used to the minimum necessary to obtain the satisfactory operation of the necessary services. To this end, they will endeavour to implement, as soon as possible, the latest advances in technology.

175 2. In the use of frequency bands for radio communications, Members will take into account that the frequencies and orbit of geostationary satellites are limited natural resources that should be used rationally, effective and economic, in accordance with the provisions of the Radio Regulations, to allow equitable access to this orbit and to those frequencies to the different countries or groups of countries, taking into account special needs of the developing countries and the geographical situation of certain countries.

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ARTICLE 34. HARMFUL INTERFERENCE.

176 1. All the stations, whatever their object, must be installed and operated in such a way that they cannot cause harmful interference to the radio communications or services of other Members, of the private companies of recognised exploitation or of those other duly authorised to perform a radio communication service and which operate in accordance with the provisions of the Radio Regulations.

177 2. Each Member undertakes to require the private companies of exploitation by the recognized and the other duly authorized to this effect, to comply with the provisions of the previous number 176.

178 3. The Members also recognise the need to take all possible measures to prevent the operation of electrical installations and equipment of any kind from causing harmful interference to communications or services. radio-electric vehicles referred to in the previous number 176.

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ARTICLE 35. DISTRESS CALLS AND MESSAGES.

179 Radio stations are obliged to accept with absolute priority the distress calls and messages, whatever their origin, and to respond in the same way to such messages, immediately giving them due course.

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ARTICLE 36. FALSE OR MISLEADING DISTRESS, EMERGENCY, SECURITY OR IDENTIFICATION SIGNS.

180 Members undertake to take the necessary measures to prevent the transmission or circulation of signs of distress, urgency, security or identification that are false or misleading, as well as to collaborate in the location and identification of the stations under their jurisdiction to issue these tokens.

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ARTICLE 37. FACILITIES OF THE NATIONAL DEFENCE SERVICES.

181 1. The Members shall retain their full freedom as regards military radio installations.

182 2. However, these facilities shall be as appropriate as possible to the regulatory provisions relating to the aid in cases of danger, to measures to prevent harmful interference and to the requirements of the Regulations. Administrative procedures relating to the types of emission and the frequencies to be used, depending on the nature of the service.

183 3. In addition, where such facilities are used in the public correspondence service or in the other services governed by the Administrative Regulations, they shall, in general, comply with the regulatory provisions applicable to those services.

CHAPTER IV

RELATIONSHIPS WITH THE UNITED NATIONS, INTERNATIONAL ORGANIZATIONS, AND

MEMBER STATES

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ARTICLE 38. RELATIONS WITH THE UNITED NATIONS.

184 1. Relations between the United Nations and the International Telecommunication Union are defined in the Agreement between the two organizations.

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ARTICLE 39. RELATIONS WITH INTERNATIONAL ORGANIZATIONS.

185 In order to contribute to comprehensive international coordination in the field of telecommunications, the Union shall collaborate with international organisations with related interests and activities.

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ARTICLE 40. RELATIONS WITH NON-MEMBER STATES.

186 Members are reserved for themselves and for private companies of exploitation recognized as having the power to fix the conditions for the admission of telecommunications to be submitted in a State other than a Member of the Union. Any telecommunication originating in such a State and accepted by a Member shall be transmitted and shall be subject to the mandatory provisions of this Constitution, the Convention and the Administrative Regulations, as well as the normal rates, to the extent that you use channels from a Member.

CHAPTER V

FINAL PROVISIONS

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"Laws since 1992-Expressed Effective and Constitutionality Sentences"
ISSN [1657-6241 (Online)]
Last Updated: September 23, 2016
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