Act 252 1995

Original Language Title: LEY 252 de 1995

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1995 ACT 252

(December 29)

Official Journal No. 42,171., of December 29, 1995

By means of which the " Constitution of the International Union of

is approved

Telecommunications ", the" International Union Convention of

"Telecommunications", the Optional Protocol on the mandatory solution of disputes related to the constitution of the International Telecommunication Union, the " Convention of the International Union of Telecommunications " and the Administrative Regulations adopted in Geneva on 22 December 1992

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

Having regard to the texts of the "Constitution of the International Telecommunication Union", the " Convention of the International Telecommunication Union, and the Optional Protocol on the mandatory solution of disputes related to the the constitution of the International Telecommunication Union, the International Telecommunications Union Convention and the Administrative Regulations adopted on 22 December 1992.

FINAL CONFERENCE MINUTES

ADDITIONAL PLENIPOTENTIARIES

International Telecommunication Union Constitution

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 economic and social development all States, 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 between the peoples and economic and social development by means of the proper functioning of the telecommunications, have agreed the following:

CHAPTER I.

BASIC PROVISIONS

ARTICLE 1o. OBJECT OF THE UNION.

2 1. The union shall have as its object:

3 (a) Maintain and expand international cooperation among all Union Members for the improvement and rational use of all types of telecommunications;

4 (b) Promote and provide technical assistance to developing countries in the field of telecommunications and promote the mobilization of the material and financial resources necessary for their implementation;

5 (c) 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;

6 d) Promote the extension of the benefits of new telecommunications technologies to all inhabitants of the planet:

7 e) Promote the use of telecommunications services in order to facilitate peaceful relations;

8 f) Harmonize member efforts to achieve these goals;

9 g) Promote at international level the adoption of a broader approach to telecommunications issues, due to the universalisation of the economy and the information society, cooperating to this end with other organisations Global and regional intergovernmental and non-governmental organizations interested in telecommunications.

10 2. For this purpose, and in particular, the union:

11 (a) The allocation of radio spectrum frequency bands and the allocation of radio frequencies shall be carried out and shall keep track of 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;

12 (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;

13 c) Facilitate the global standardisation of telecommunications with a 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, through its participation in the appropriate United Nations programmes and the use of its own resources as appropriate;

15 e) will also coordinate efforts to harmonise the development of telecommunications media, especially those using space techniques, in order to make the most of their possibilities;

16 (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;

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

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

19 (i) To promote, in the face of international financial and development agencies, the establishment of preferential and favourable credit lines for the development of social projects aimed, inter alia, at extending services The European Union is a member of the European Union.

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ARTICLE 2o. COMPOSITION OF THE UNION.

20 The International Telecommunication Union, by virtue of the principle of universality and of interest in universal participation in the union, shall consist of:

21 (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;

22 (b) Any other Member State of the United Nations to accede to this Constitution and to the Convention in accordance with the provisions of Article 53 of this Constitution;

23 (c) Any other State which is not a Member of the United Nations, requests its admission as a Member of the Union and, upon approval of its request by two-thirds of the Members of the Union, shall accede to the present the Constitution and the Convention in accordance with the provisions of Article 53 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 be abstaining.

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ARTICLE 3o. RIGHTS AND OBLIGATIONS OF MEMBERS.

24 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.

25 2. Members of the Union shall, as regards their participation in conferences, meetings or consultations, have the following rights:

26 a) Participate in the conferences, be eligible for the council, and present candidates for the election of union officials and board members of the radio-communications regulations;

27 (b) Each Member, subject to the provisions of numbers 169 and 210 of the present constitution, shall be entitled to a vote at the conference of plenipotentiaries, at world conferences, in the radio communications assemblies, in the meetings of the committees of study and if it is part of the board, at meetings of the council. Only members of the region concerned shall have the right to vote at regional conferences;

28 (c) Each Member, subject to the provisions of numbers 169 and 210 of this Constitution, shall also be entitled to a vote in the consultations carried out by correspondence. In the case of consultations concerning regional conferences, only the members of the region concerned shall have the right to vote.

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ARTICLE 4. INSTRUMENTS OF THE UNION.

29 1. The instruments of the junction are:

-The present constitution of the International Telecommunication Union.

-The International Telecommunication Union Convention, and

-Administrative regulations.

30 2. This constitution, the provisions of which are complementary to those of the Convention, is the fundamental instrument of the Union.

31 3. The provisions of the present constitution and the convention are further complemented by the following administrative regulations governing the use of telecommunications and will be binding on all members:

-International telecommunications regulation.

-Radio Regulations.

32 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 the event 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.

33 Unless the concept is detached otherwise:

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

35 (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;

36 (c) The other terms defined in the administrative regulations shall have the meanings assigned to them.

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ARTICLE 6o. EXECUTION OF THE INSTRUMENTS OF THE UNION.

37 1. Members shall be bound by the provisions of this constitution, the convention and administrative regulations in all telecommunications offices and stations which are installed or operated by them and which they provide international services or which may cause harmful interference to radio communication services of other countries except as regards services not subject to these provisions in accordance with Article 48 of this Regulation. constitution.

38 2. In addition to the members, they shall take the necessary measures to enforce the observance of the provisions of this Convention and of the administrative regulations to the holding companies authorized by them. to establish and exploit telecommunications and to provide international services or to operate stations that may cause harmful interference to radio communication services in other countries.

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ARTICLE 7o. STRUCTURE OF THE UNION.

39 The join will comprise:

40 a) The conference of plenipotentiaries, supreme organ of the union;

41 b) The council, acting as the representative of the conference of plenipotentiaries;

42 c) Global international telecommunications conferences;

43 (d) The radio communications sector, including global and regional radio communications conferences, radio communications assemblies and the radio communications regulation board;

44 e) The telecommunications standardisation sector, including global telecommunications standardisation conferences;

45 f) The telecommunications development sector, including global and regional telecommunications development conferences;

46 g) The General Secretariat.

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ARTICLE 8o. THE PLENIPOTENTIARIES CONFERENCE.

47 1. The conference of plenipotentiaries shall be composed of delegations representing the members and shall be convened every four years.

48 2. Plenipotentiaries conference:

49 (a) Shall terminate general principles applicable to the achievement of the object of the union as set out in Article 1 of this Constitution;

b) Once the Council reports on the activities of the Union since the last conference of plenipotentiaries and on the policy and strategic planning recommended for the Union have been examined, it shall take the decisions it considers appropriate;

51 (c) Set the basis of the union budget and, in accordance with the decisions taken on the basis of the reports referred to in the previous number 50, determine the ceiling for their expenditure until the next conference of plenipotentiaries after considering all relevant aspects of the union's activities during that period;

52 (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;

53 (e) Examining and, where applicable, definitively approving the accounts of the union;

54 (f) You shall elect the Members of the Union to be the Council;

55 g) Elect the Secretary-General, the Deputy Secretary-General and the directors of the offices of the sectors as union election officials;

56 h) Elect members of the radio communications regulations board;

57 (i) Examining and, where appropriate, approve the proposed amendments to the present constitution and the convention, respectively, pursuant to Article 55 of this Constitution and the applicable provisions of the Convention;

j) Concertare and, where appropriate, review agreements between the union and other international organisations, examine the interim agreements concluded with those organisations by the council on behalf of the union and decide on them what is Consider appropriate;

59 k) It will deal with any necessary telecommunications issues.

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ARTICLE 9o. PRINCIPLES APPLICABLE TO ELECTIONS AND RELATED MATTERS.

60 1. In the elections referred to in numbers 54 to 56 of this Constitution, the conference of plenipotentiaries shall ensure that:

61 (a) The members of the Board shall be elected taking into account the need for an equitable distribution of positions among the regions of the world;

62 (b) The Secretary-General, the Deputy Secretary-General, the directors of the offices and the members of the board of the radiocommunications regulation are nationals of different members and that, when they are elected, a equitable geographical distribution among the various regions of the world; as regards election officials, which also take into account the principles set out in the number 154 of the present constitution;

63 (c) Members of the board of the radio communications regulations shall be elected, individually, from among the candidates proposed by the Members of the Union; each member may only propose a candidate, which shall be one of his or her national.

64 2. The conference of plenipotentiaries will establish the procedure of choice. The Convention contains provisions on vacancies, takeover and re-eligibility.

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ARTICLE 10. THE COUNCIL.

65 1. (1) The Council shall be constituted by Union Members elected by the Conference of Plenipotentiaries in accordance with the provisions of the number 61 of this Constitution.

66 (2) Each member of the board shall designate a person to act in the council, which may be assisted by one or more advisers.

67 2. The council shall establish its own rules of procedure.

68 3. In the interval between conferences of plenipotentiaries, the council shall act as the governing body of the union as the representative of the conference of plenipotentiaries, within the limits of the powers delegated to it.

69 4. (1) The Council shall adopt the measures necessary to facilitate the implementation by the members of the provisions of this Constitution, the Convention, the Administrative Regulations, the decisions of the Conference of Plenipotentiaries and, (i) case, decisions of other conferences and meetings of the union.

You will also perform the tasks assigned to you by the plenipotentiary conference.

70 (2) Will examine major telecommunications policy issues, following the general guidelines of the Plenipotentiary Conference, so that the policy and strategy of the Union will fully respond to the continuing development of the telecommunications.

71 (3) Will effectively coordinate union activities and exercise effective financial control over the general secretariat and all three sectors.

72 (4) It will contribute, in accordance with the objective of the Union, to the development of telecommunications in developing countries by all means available, including by the participation of the Union in the appropriate programmes of the United Nations.

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ARTICLE 11. THE GENERAL SECRETARIAT.

73 1. (1) The General Secretariat shall be headed by a Secretary-General assisted by a Deputy Secretary-General.

74 (2) The secretary-general, with the assistance of the coordination committee, prepares the union's policies and strategic plans and will coordinate the union's activities.

75 (3) The Secretary-General shall take the necessary measures to ensure the economic use of the Union's resources and shall be accountable to the Council for all the administrative and financial aspects of the Union's activities.

76 (4) The secretary-general shall act as the legal representative of the union.

77 2. The deputy secretary-general shall be responsible to the secretary-general; he shall assist the secretary-general in the performance of his duties and assume those specifically entrusted to him by the secretary-general. He shall perform the duties of the Secretary-General in his absence.

CHAPTER II.

THE RADIO COMMUNICATIONS SECTOR

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ARTICLE 12. FUNCTION AND STRUCTURE.

78 1. (1) The radio-communications sector shall have as its function the achievement of the objectives of the radio-communications union set out in Article 1 of this Constitution.

-Ensuring the equitable, effective and economical rational use of the spectrum of radio frequencies by all radio communications services including those using the orbit of geostationary satellites subject to the provided for in Article 44 of this Constitution.

-And conducting studies without limitation of frequency ranges and adopting recommendations on radio communications.

79 (2) The precise functions of the telecommunications and standardization sectors will be subject to constant scrutiny in close cooperation between the two in matters of mutual interest, in accordance with the applicable provisions of the Convention. The sectors of radio communications, telecommunications standardization and telecommunications development will maintain close coordination.

80 2. The radio communications sector will perform its functions by:

81 a) Global and regional radio communications conferences;

82 b) The board of the radio communications regulation;

83 c) Radio communications assemblies, associated with global radio communications conferences;

84 d) Study commissions;

85 e) The radio communications office run by a director of choice.

86 3. They shall be members of the radio communications sector:

87 (a) In their own right, the administrations of the Members of the Union;

88 (b) Entities and organizations authorized in accordance with the relevant provisions of the Convention.

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ARTICLE 13. RADIO COMMUNICATIONS CONFERENCES AND RADIO COMMUNICATIONS ASSEMBLIES.

89 1. Global radio communications conferences may partially or, in exceptional cases, fully review the radio communications regulation and deal with any other issues of a global nature that fall within its competence and relate to its agenda; its other functions are specified in the convention.

90 2. World radio communications conferences shall be convened, normally every two years, however, by application of the relevant provisions of the convention it is possible not to convene a conference of this kind, or to convene a conference. Additional conference.

91 3. The radio communications assemblies will normally be convened, also every two years, and will be coordinated on their date and place with the global radio communications conferences, with the aim of improving the efficiency and performance of the sector. radio communications. The radio communications assemblies will provide the necessary technical bases for the work of the world radio communications conferences and will give course to the requests of the world radio communications conferences. The functions of the radio communications assemblies are specified in the convention.

92 4. The decisions of the world radio communications conferences, the radio communications assemblies and the regional radio communications conferences shall in all cases comply with the present constitution and the convention. The decisions of the radio communications assemblies or regional radio communications conferences shall also be adjusted in all cases to the radio communications regulation. In adopting resolutions and decisions, the conferences will take account of their foreseeable financial implications and should avoid the adoption of those which may lead to the overshooting of the ceilings for the appropriations set by the Commission. conference of plenipotentiaries.

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ARTICLE 14. THE BOARD OF THE RADIO REGULATION.

93 1. The board of the radio communications regulation shall be composed of elected members, perfectly qualified in the field of radio communications and with practical experience in the field of allocations and use of frequencies. Each member shall be aware of the geographical, economic and demographic conditions of a particular region of the globe. The members of the Board shall perform their duties at the service of the Union in an independent manner and on a non-exclusive basis.

94 2. The functions of the radio communications regulation board shall be as follows:

95 a) The approval of procedural rules, including technical criteria, in accordance with the radio regulations and the decisions of the competent radio communications conferences. The Director and the Office shall use these rules of procedure in the application of the Radio Regulations for the registration of the frequency allocations made by the members. The administrations may make comments on these rules and, in the event of a persistent disagreement, the matter shall be referred to an upcoming global radio communications conference;

96 b) The study of any other issue that cannot be resolved by application of the aforementioned procedural rules;

97 c) Compliance with other complementary functions related to the allocation and use of frequencies as indicated in the number 78 of this constitution, in accordance with the procedures laid down in the radio communications, prescribed by a competent conference or by the council with the consent of the majority of the Members of the Union, for the preparation of conferences of this kind or in compliance with the decisions thereof.

98 3. (1) In the performance of their duties, the members of the board of the radio communications regulations shall not act on behalf of their respective Member States or of a given region, but as the depositaries of the international public faith, in The members of the Board shall refrain from intervening in decisions directly related to their own administration.

99 (2) In the exercise of their duties, the members of the board shall not request or receive any instructions from any government, any government official or any organization or public or private person. They shall refrain from any act or participation in any decision which is incompatible with their condition as defined in the previous number 98.

100 (3) Members shall respect the exclusively international character of the functions of the members of the Board and shall refrain from influencing them in the exercise thereof.

101 4. The working methods of the radio communications regulation board are defined in the agreement.

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ARTICLE 15. THE RADIO COMMUNICATIONS STUDY COMMISSIONS.

102 The functions of radio communications study commissions are specified in the agreement.

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ARTICLE 16. THE RADIO OFFICE.

103 The functions of the director of the radio communications office are specified in the convention.

CHAPTER III.

THE TELECOMMUNICATIONS STANDARDIZATION INDUSTRY

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ARTICLE 17. FUNCTION AND STRUCTURE.

104 1. (1) The telecommunications standardisation sector shall have as its functions the achievement of the objectives of the Union in the field of standardisation of telecommunications set out in Article 1 of this Constitution, by examining the technical, operating and pricing issues related to telecommunications and adopting recommendations for the standardisation of telecommunications at global level.

105 (2) The precise functions of the telecommunications and radio communications standardization sectors will be subject to constant scrutiny in close cooperation between the two in matters of mutual interest, in accordance with the applicable provisions of the Convention. Close coordination will be established between the sectors of radio communications, telecommunications standardisation and telecommunications development.

106 2. The telecommunications standardization sector will fulfill its functions by:

107 a) Global telecommunications standardisation conferences;

108 b) Telecommunications standardisation study commissions;

109 c) The telecommunications standardisation office, run by a director of choice.

110 3. They will be members of the telecommunications standardisation sector:

111 (a) In their own right, the administrations of the Members of the Union;

112 b) Entities and organizations authorized in accordance with the applicable provisions of the Convention.

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ARTICLE 18. GLOBAL TELECOMMUNICATIONS STANDARDS CONFERENCES.

113 1. The functions of the global telecommunications standardisation conferences are specified in the convention.

114 2. Global telecommunications standardisation conferences are held every four years, however, an additional conference may be held in accordance with the relevant provisions of the convention.

115 3. The decisions of the world conferences on the standardization of telecommunications must in all cases comply with the present constitution, the convention and the administrative regulations. When adopting resolutions and decisions, the conferences will take into account their foreseeable financial implications and should avoid the adoption of those which may lead to the overshooting of the maximum credit limits set by the conference of plenipotentiaries.

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ARTICLE 19. THE TELECOMMUNICATIONS STANDARDS STUDY COMMISSIONS.

116 The functions of the telecommunications standards study commissions are specified in the agreement.

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ARTICLE 20. THE TELECOMMUNICATIONS STANDARDIZATION OFFICE.

117 The functions of the director of the telecommunications standardization office are specified in the agreement.

CHAPTER IV.

THE TELECOMMUNICATIONS DEVELOPMENT SECTOR

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ARTICLE 21. FUNCTION AND STRUCTURE.

118. 1. (1) The tasks of the telecommunications development sector shall be to fulfil the purpose of the union as set out in Article 1 of this Constitution and to carry out, within the framework of its specific sphere of competence, the the Union as a specialized agency of the United Nations and as implementing agency for development projects of the United Nations system and other financing initiatives, in order to facilitate and enhance the development of the telecommunications by offering, organising and coordinating cooperation and assistance activities technique.

119 (2) The activities of the telecommunications development, radio communications and standardisation sectors will be the subject of close cooperation in development-related matters in accordance with the relevant provisions of the the present constitution.

120 2. In this context, the telecommunications development sector will have the following functions:

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

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

123 c) Potentially the growth of telecommunications through cooperation with regional telecommunications organizations and with global and regional development financing institutions, following the evolution of projects maintained in its development programme, in order to ensure its proper implementation;

124 d) Enable resource mobilization to provide telecommunications assistance to developing countries, promoting the establishment of preferential and favorable credit lines and cooperating with organizations international and regional financial and development;

125 e) Promote and coordinate programs that accelerate the transfer of appropriate technologies to developing countries considering the evolution and changes that occur in the networks of the most advanced countries;

126 f) Encourage industry participation in the development of telecommunications in developing countries and provide advice on the choice and transfer of appropriate technology;

127 g) 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;

128 h) To work with the other sectors, the general secretariat and other bodies involved in the preparation of an overall plan for international and regional telecommunications networks, in order to facilitate the coordinated development of a director of choice; the same to offer telecommunication services;

129 i) Pay special attention to the performance of the functions described to the needs of the least developed countries.

130 3. The telecommunications development sector will fulfil its tasks by:

131 a) Global and regional telecommunications development conferences;

132 b) Telecommunications development study commissions;

133 c) The telecommunications development office, run by a director of choice.

134 4. They will be members of the telecommunications development sector:

135 (a) In their own right, the administrations of the Members of the Union;

136 b) Entities and organizations authorized in accordance with the applicable provisions of the Convention.

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ARTICLE 22. TELECOMMUNICATIONS DEVELOPMENT CONFERENCES.

137 1. The telecommunications development conferences will serve as a forum for the deliberation and examination of aspects, projects and programmes related to the development of telecommunications; guidelines will be given to the Office of Development of Telecommunications.

138 2. Telecom development conferences will understand:

139 a) Global telecommunications development conferences;

140 b) Regional telecommunications development conferences.

141 3. Between two conferences of plenipotentiaries there will be a global conference on the development of telecommunications and the reserve of resources and priorities, regional conferences for the development of telecommunications.

142 4. No final minutes will be produced at the telecommunications development conferences. Its conclusions shall take the form of resolutions, decisions, recommendations or reports and in all cases shall comply with the present constitution, the convention and the administrative regulations. When adopting resolutions and decisions, the conferences will take into account their foreseeable financial implications and should avoid the adoption of those which may lead to the overshooting of the ceilings of the appropriations set by the Commission. conference of plenipotentiaries.

143 5. The functions of the telecommunications development conferences are specified in the convention.

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ARTICLE 23. THE TELECOMMUNICATIONS DEVELOPMENT STUDY COMMISSIONS.

144 The functions of the telecommunications development study commissions are specified in the agreement.

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ARTICLE 24. THE TELECOMMUNICATIONS DEVELOPMENT OFFICE.

145 The functions of the director of the telecommunications development office are specified in the agreement.

CHAPTER V.

OTHER PROVISIONS ABOUT THE UNION FUNDING

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ARTICLE 25. GLOBAL INTERNATIONAL TELECOMMUNICATIONS CONFERENCES.

146 1. International telecommunications conferences will be able to review in part or in exceptional cases, fully the international telecommunications regulation and address any other issues of a global nature. competence and be related to your agenda.

147 2. The decisions of the international conferences of international telecommunications will be adjusted in all cases to the present constitution and to the convention. When adopting resolutions and decisions, the conferences will take into account their foreseeable financial implications and should avoid the adoption of those which may lead to the overshooting of the ceiling of the appropriations set by the Commission. conference of plenipotentiaries.

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ARTICLE 26. THE COORDINATION COMMITTEE.

148 1. The coordination committee shall be composed of the secretary-general, the deputy secretary-general and the directors of the three offices. Its President shall be the Secretary-General and, in his absence, the Deputy Secretary-General.

149 2. The coordination committee, which will act as an internal management team, will advise and assist the secretary-general in all administrative, financial and technical cooperation and information systems other than the the exclusive competence of a sector or of the general secretariat, as well as with regard to external relations and public information. The coordination committee shall, in its deliberations, fully comply with the provisions of this Constitution and the Convention, the decisions of the Council and the overall interests of the Union.

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ARTICLE 27. ELECTION OFFICIALS AND UNION STAFF.

150 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.

151 (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 refrain from influencing them in the performance of their duties.

Outside the performance of their duties, election officials and union personnel shall not take part or have any financial interests of any kind in any telecommunications company. The expression 'financial interest' does not include the continuation of the payment of quotas for the establishment of a retirement pension arising from a previous employment or services.

153 (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, or director of an office, shall, as far as possible, refrain from to remove it between two conferences of plenipotentiaries.

154 2. The predominant consideration for the recruitment of staff and the determination of employment conditions will be the need to ensure the union of people's services of the highest efficiency, competence and integrity. Due importance will be given to the recruitment of staff on the broadest possible geographical basis.

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ARTICLE 28. UNION FINANCES.

155 1. The costs of the union shall include those incurred by:

156 a) The advice;

157 b) The general secretariat and the sectors of the union;

158 c) Plenipotentiary conferences and global international telecommunications conferences.

159 2. Union expenditure shall be covered by contributions from members and entities and organisations authorised to participate in the activities of the Union in accordance with the relevant provisions of the Convention, on a pro rata basis. the number of units corresponding to the contributory class chosen by each member, and by each authorised entity or organisation, as laid down in the relevant provisions of the convention.

160 3. (1) Members shall freely choose the class in which they wish to contribute to the payment of Union expenditure.

161 (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 set out in the agreement.

162 (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.

163 (4) The contributory class chosen by each member in accordance with the previous numbers 161 or 162 shall apply from 1 January following the end of a period of one year from the expiry of the six-month period. which is referred to in the previous 161 or 162 numbers.

164 4. Members who have not made their decision known within the time limit laid down in the previous numbers 161 and 162 shall retain the contributory class they have previously chosen.

165 5. The contributory class chosen by a member may be reduced only in accordance with the previous numbers 161, 162 and 163. However, in exceptional circumstances, such as natural disasters requiring the launch of international aid programmes, the Council may approve a reduction in the contributory class where a member so requests, shows that it is not possible to continue to maintain their contribution in the originally chosen class.

166 6. Members may also, with the approval of the Board, choose a lower contributory class than they have previously chosen in accordance with the previous number 161. If their relative contribution positions, from the date set out in the previous number 163 for a new period of contributions, are significantly more unfavourable than their previous positions.

167 7. The costs incurred by the regional conferences referred to in paragraph 43 of this Constitution shall be borne by the members of the region concerned, in accordance with their contributory class and, where appropriate, on the same basis, by members of other regions participating in such conferences.

168 8. The members, entities and organisations referred to in the previous number 159 shall pay in advance their annual contribution, calculated on the basis of the biennial budget approved by the Council and the adjustments to be made by the Council. introduce.

169 9. Members who are late in their payments to the Union shall lose the right to vote stipulated in numbers 27 and 28 of this constitution where the amount of their arrears is equal to or greater than that of their contributions for the two years. precedent.

170 10. The Convention contains specific provisions concerning the financial contributions of the entities and organisations referred to in the previous number 159 and other international organisations.

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ARTICLE 29. LANGUAGES.

171 1. (1) The official languages of the Union's work are: Arabic, Chinese, Spanish, French, English and Russian.

172 (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 and meetings of the Union.

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

174 2. When all participants in a conference or meeting agree, a smaller number of languages may be used in the debates than the one mentioned above.

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ARTICLE 30. SEDE OF THE UNION.

175 The union will be based in Geneva.

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ARTICLE 31. LEGAL CAPACITY OF THE UNION.

176 The union shall enjoy, in the territory of each of its members, the legal capacity necessary for the exercise of its functions and the realization of its purposes.

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ARTICLE 32. RULES OF PROCEDURE OF CONFERENCES AND OTHER MEETINGS.

177 1. For the organisation of its work and in its discussions, the conferences and meetings of the Union shall apply the rules of procedure contained in the Convention.

178 2. The conferences and the council may adopt the rules they deem indispensable to supplement those of the rules of procedure. However, such rules must be compatible with the provisions of this Constitution and the Convention; those adopted by the conferences shall be published as documents of the same.

CHAPTER VI.

GENERAL PROVISIONS REGARDING TELECOMMUNICATIONS

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ARTICLE 33. THE PUBLIC ' S RIGHT TO USE THE INTERNATIONAL TELECOMMUNICATIONS SERVICE.

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

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ARTICLE 34.

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ARTICLE 35. SERVICE SUSPENSION.

182 Members reserve the right to suspend the international telecommunications service either in full 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 36.

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ARTICLE 37. TELECOMMUNICATIONS SECRET.

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

185 2. However, it reserves the right to communicate this correspondence to the competent authorities, in order to ensure the application of its national law, or the execution of the international conventions in which they are a party.

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ARTICLE 38. ESTABLISHMENT, OPERATION AND PROTECTION OF TELECOMMUNICATIONS CHANNELS AND FACILITIES.

186 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.

187 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.

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

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

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ARTICLE 39. NOTIFICATION OF VIOLATIONS.

190 In order to facilitate the application of Article 6 of this Constitution, the members undertake to inform each other of the contraventions of the provisions of this Constitution, of the Convention and of the Regulations administrative.

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ARTICLE 40. 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 on The World Health Organization's exceptional emergency epidemiological telecommunications.

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ARTICLE 41. STATUS TELECOM PRIORITY.

192 Subject to the provisions of Articles 40 and 46 of this Constitution, state telecommunications (see Annex to this Constitution, number 1014) shall have priority over the other telecommunications to the extent of the at the request of the person concerned.

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ARTICLE 42. PARTICULAR AGREEMENTS.

193 The members reserve for themselves, for the exploitation companies recognized by them and for the others duly authorized for that purpose, the power to conclude particular agreements on matters relating to telecommunications that do not interest in the generality of the members. However, such agreements may not be in contradiction with the provisions of this constitution, the convention or administrative regulations in respect of harmful interference which their application may cause to the the radio communications services of other members and, in general, as regards the technical damage which such application may cause to the operation of other telecommunications services of other members.

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