Key Benefits:
873 OF 2004
(January 2)
Official Journal No. 45.421 of 5 January 2004
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the Instrument of Amendment to the Constitution of the International Telecommunication Union (Geneva, 1992) is approved, with the amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994) (Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998), signed in Minneapolis, six (6) November of a thousand nine hundred and ninety-eight (1998), and the Instrument of Amendment to the Convention of the International Union of Telecommunications (Geneva, 1992), with the amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994) (Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998), signed in Minneapolis, six (6) November of a thousand nine hundred and ninety-eight (1998).
THE CONGRESS OF THE REPUBLIC
Viewed the texts of the Instrument of Amendment to the Constitution of the International Telecommunication Union (Geneva, 1992), with the amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994) (Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998), signed in Minneapolis, six (6) November of a thousand nine hundred and ninety-eight (1998) and, the Instrument of Amendment to the Convention of the International Union of Telecommunications (Geneva, 1992), with the amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994) (Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998), signed in Minneapolis, the six (6) of November of a thousand nine hundred and ninety-eight (1998), which to the letter say:
(To be transcribed: photocopies of the integrated texts of the mentioned International Instruments are attached).
2002 BILL 39 PROJECT
By means of which the Instrument of Amendment to the Constitution of the International Telecommunication Union (Geneva, 1992) is approved, with the amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994) (Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998), signed in Minneapolis, six (6) November of a thousand nine hundred and ninety-eight (1998), and the Instrument of Amendment to the Convention of the International Union of Telecommunications (Geneva, 1992), with the amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994) (Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998), signed in Minneapolis, six (6) November of a thousand nine hundred and ninety-eight (1998).
THE CONGRESS OF THE REPUBLIC
Viewed the texts of the Instrument of Amendment to the Constitution of the International Telecommunication Union (Geneva, 1992), with the amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994) (Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998), signed in Minneapolis, the six (6) November of a thousand nine hundred and ninety-eight (1998), and the Instrument of Amendment to the Convention of the International Union of Telecommunications (Geneva, 1992), with the amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994) (Amendments adopted by the Conference of Plenipotentiaries (Minneapolis, 1998), signed in Minneapolis on six (6) November of a thousand nine hundred and ninety-eight (1998), which to the letter say:
(To be transcribed: photocopies of the integrated texts of the mentioned International Instruments are attached).
" INSTRUMENT OF AMENDMENT TO THE CONSTITUTION OF THE INTERNATIONAL TELECOMMUNICATIONS UNION
(GENEVA, 1992)
with the amendments adopted by the Conference of Plenipotentiaries (Kyoto, 1994) (Amendments adopted by the Conference of Plenipotentiaries
(Minneapolis, 1998)) *
PREFACE.
By virtue of and in application of the relevant provisions of the Constitution of the International Telecommunication Union (Geneva, 1992), with the amendments introduced by the Conference of Plenipotentiaries (Kyoto, 1994) and, in particular, its Article 55, the Conference of Plenipotentiaries of the International Telecommunication Union (Minneapolis, 1998) has adopted the following amendments to that Constitution:
BASIC PROVISIONS.
Union Object
MOD 3 a) Maintain and expand international cooperation among all its Member States for the improvement and rational use of all kinds of telecommunications;
ADD 3A abis) Encouraging and enhancing the participation of entities and organisations in the activities of the Union and promoting fruitful cooperation and partnership between them and the Member States for the achievement of the Union's objectives;
MOD 4 b) Promote and provide technical assistance to developing countries in the field of telecommunications and also promote the mobilization of the necessary material, human and financial resources for such assistance, as well as the access to information;
MOD 8 f) Harmonize the efforts of Member States and promote fruitful and constructive cooperation and partnership between Member States and Members of the Sectors to achieve these goals;
MOD 11 (a) shall make the allocation of radio spectrum frequency bands and the allocation of radio frequencies, and shall record the frequency allocations and, for space services, the positions or (b) associated in the orbit of geostationary satellites or associated characteristics of satellites in other orbits, in order to avoid any harmful interference between radio stations in different countries;
MOD 12 b) Will coordinate efforts to eliminate harmful interferences between radio stations in different countries and improve the use of radio frequency spectrum by the services of radio communication and the orbit of geostationary satellites and other orbits;
MOD 14 d) Promote international cooperation and solidarity in the provision of technical assistance to developing countries, as well as the creation, development and improvement of telecommunications facilities and networks in developing countries by all means available to them and, in particular, by means of their participation in the appropriate United Nations programmes and the use of their own resources, as appropriate;
MOD 16 f) Promote collaboration between Member States and Members of the sectors in order to reach, in the setting of tariffs, the minimum level compatible with a good quality service and with financial management of the healthy and independent telecommunications;
ADD 19A j) Promote the participation of different entities in the activities of the Union, as well as cooperation with regional and other organisations for the achievement of the objectives of the Union.
Composition of the Union
MOD 20 The International Telecommunication Union is an intergovernmental organization in which the Member States and the Members of the Sectors, who have well-defined rights and obligations, collaborate to achieve the objectives of the International Telecommunications Union. of the Union. By virtue of the principle of universality and of interest in universal participation in the Union, the Union shall consist of:
MOD 21 a) Any State that is a Member State of the International Telecommunication Union for having been a Party to an International Telecommunications Convention prior to the entry into force of this Constitution and the Convention;
MOD 23 (c) Any other State which, not being a Member of the United Nations, requests its admission as a Member State of the Union and which, upon approval of its request by two-thirds of the Member States of the Union, shall accede to the present 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 Member States of the Union. Any Member State which has not responded within four months from the date on which it has been consulted shall be deemed to be abstaining.
MOD Rights and obligations of Member States and Members of the Sectors
MOD 24 1 Member States and Members of the Sectors shall have the rights and shall be subject to the obligations provided for in this Constitution and in the Convention.
MOD 25 2 Member States shall have, as regards their participation in conferences, meetings or consultations, the following rights:
MODO 26 a) Participate in the conferences, be eligible for the Council and present candidates for the election of Union officials and members of the Board of the Radio Regulations;
MOD 27 b) Each Member State, subject to the provisions of numbers 169 and 210 of this Constitution, shall be entitled to one vote at the Plenipotentiary Conferences, at the World Conferences, in the Assemblies of the Sectors, in the meetings of the Study Commissions and, if it is a part of the Council, at meetings of the Council. At Regional Conferences, only the Member States of the Region concerned shall have the right to vote;
MOD 28 c) Each Member State, subject to the provisions of numbers 169 and 210 of this Constitution, shall also be entitled to one vote in the consultations carried out by correspondence. In the case of consultations concerning Regional Conferences, only the Member States of the Region concerned shall have the right to vote.
ADD 28A 3 Subject to the relevant provisions of this Constitution and the Convention, the Members of the Sectors shall have, as regards their participation in the activities of the Union, the right to participate fully in the activities of the Sector that are members:
ADD 28B a) They will be able to hold the Presidency and the Vice-Presidency of the Assemblies and Meetings of the Sectors, of the World Telecommunication Development Conferences;
ADD 28C (b) May participate in the approval of Issues and Recommendations and in decisions concerning the working methods and procedures of the Sector concerned, subject to the relevant provisions of the Convention and the relevant decisions taken in this regard by the Conference of Plenipotentiaries.
Union Instruments
MOD 31 3 The provisions of this Constitution and the Convention are further supplemented, with those of the following Administrative Regulations, which regulate the use of telecommunications and will be binding on all States Members:
-International Telecommunication Regulations.
-Radiocommunications Regulation.
Implementing the Union instruments
MOD 37 1 Member States shall be required to comply with the provisions of this Constitution, the Convention and the Administrative Regulations in all telecommunications offices and stations installed or operated by them and which provide international 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 48 of this Constitution.
MOD 38 2 In addition, the Member States shall take the necessary measures to enforce compliance with the provisions of this Constitution, the Convention and the Administrative Regulations to the holding companies authorized by (a) to establish and operate telecommunications and to provide international services or to operate stations that may cause harmful interference to radio communication services in other countries.
Structure of the Union
MOD 44 e) The Telecommunications Standardisation Sector, including the World Telecommunication Standards Assemblies;
The Plenipotentiary Conference
MOD 47 1 The Plenipotentiary Conference shall be composed of delegations representing the Member States and shall be convened every four years.
MOD 48 2 Based on the proposals of the Member States and taking into account the reports prepared by the Council, the Conference of Plenipotentiaries:
MOD 50 b) It will examine the Council's reports on the activities of the Union since the last Plenipotentiary Conference and on the overall policy and strategic planning of the Union;
MOD 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 corresponding financial limits until the following Conference of Plenipotentiaries after considering all relevant aspects of the Union's activities during that period;
ADD 51A d) It shall establish, by applying the procedures indicated in numbers 161D to 161G of this Constitution the total number of contributory units for the period up to the next Conference of Plenipotentiaries, on the basis of contributing classes announced by the Member States.
MOD 54 f) Elect the Member States to be the Council;
MOD 57 (i) Examinations and, where appropriate, approve the proposed amendments to the present Constitution and the Convention, formulated by the Member States, respectively, with Article 55 of the this Constitution and the applicable provisions of the Convention;
ADD 58A jbis) Adopt and amend the Rules of Procedure of the Conferences and other Union meetings;
MOD 59C b) At the request, individually formulated, by the 2/3 of the Member States, and addressed to the Secretary-General;
MOD 59D (c) on a proposal from the Council, with approval from at least 2/3 of the Member States.
Principles applicable to elections and related matters
MOD 62 b) The Secretary-General, the Deputy Secretary-General, the Directors of the Offices and the members of the Board of the Radio Regulations are elected among the candidates proposed by the Member States as nationals The Committee on Regional and Regional Cooperation and the Committee of the Regions of the European Parliament, the Committee of the Regions, the Committee of the Regions and the Committee of the Regions of the European Union. take into account the principles set out in the number 154 of this Constitution;
MOD 63 (c) Members of the Radio Regulations Board are elected individually and each Member State may propose a single candidate.
The Council
MOD 65 1 1) The Council shall be constituted by Member States elected by the Conference of Plenipotentiaries in accordance with the provisions of paragraph 61 of this Constitution.
MOD 69 4 1) The Council shall adopt the measures necessary to facilitate the implementation by the Member States of the provisions of this Constitution, the Convention, the Administrative Regulations, the decisions of the Conference of Plenipotentiaries and, where appropriate, decisions of other conferences and meetings of the Union. It will also perform the tasks entrusted to it by the Conference of Plenipotentiaries.
MOD 70 2) Will examine major telecommunications policy issues, following the general guidelines of the Conference of Plenipotentiaries, in order to ensure that the Union's policy and strategy fully respond to the continuing development of the (a) a report on the policy and strategic planning recommended for the Union as well as its financial implications. To this end, it shall use the data prepared by the Secretary-General in compliance with the number 74A of this Constitution.
The General Secretariat
ADD 73A 2) The functions of the Secretary General are stipulated in the Convention.
In addition, the Secretary General:
MOD 74 a) Coordinate the activities of the Union with the assistance of the Coordination Committee;
ADD 74A b) Prepare, with the assistance of the Coordination Committee, the data necessary for the preparation of a report on the Union's policies and the Strategic Plan, and coordinate the implementation of that Plan;
MOD 75 c) Take the necessary measures to ensure the economic use of the Union's resources and respond to the Council of all administrative and financial aspects of the Union's activities;
MOD 76 d) You will act as the legal representative of the Union.
ADD 76A 3) The Secretary-General may act as the depositary of particular agreements established in accordance with Article 42 of this Constitution.
THE RADIO COMMUNICATIONS SECTOR.
Functions and Structure
(1) The Radio Communications Sector will have as its function, bearing in mind the particular concerns of the developing countries, the achievement of the Union's objectives in the field of radio communications set out in Article 1 of the the present Constitution,
-Ensuring the rational, equitable, efficient and economical use of the spectrum of radio frequencies by all radio communications services, including those using the orbit of geostationary or other satellites Orbits, subject to the provisions of Article 44 of this Constitution, and
-Performing studies without limitation of frequency ranges and adopting Recommendations on radio communications.
MOD 83 c) Radiocommunications Assemblies;
ADD 84A dbis) The Radiocommunications Advisory Group;
MOD 87 (a) In their own right, Member State administrations;
MOD 88 (b) Entities and organizations that acquire the status of Sector Members in accordance with the relevant provisions of the Convention.
Radiocommunications and Radio Assemblies Conferences
MOD 90 2 The World Radiocommunications Conferences will normally be convened every two to three years; however, in accordance with the relevant provisions of the Convention, it is possible not to convene a conference of this kind, or to convene a conference. Additional conference.
MOD 91 3 The Radiocommunications Assemblies will normally be convened every two to three years and may be associated with their dates and place with the World Radiocommunications Conferences in order to improve efficiency and performance. The Radio Communications Sector. The Radiocommunications Assemblies will provide the necessary technical bases for the work of the World Radiocommunications Conferences and will give course to the requests of the World Radiocommunications Conferences. The functions of the Radiocommunications Assemblies are specified in the Convention.
MOD 92 4 The decisions of the World Radiocommunications Conferences, the Radiocommunications Assemblies and the Regional Radio Conferences will in all cases be adjusted to the present Constitution and the Convention. Decisions of the Radiocommunications Assemblies or the Regional Radio Conferences shall also be adjusted in all cases to the Radio Regulations. In 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 financial limits set by the Conference of Plenipotentiaries.
The Board of the Radio Regulations
ADD 93A 2 The Board of the Radio Regulations shall be composed of a maximum of 12 members or a number corresponding to 6% of the total number of Member States, whichever is greater.
MOD 95 a) The approval of procedural rules, including technical criteria, in accordance with the Radio Regulations and the decisions of the competent Radiocommunications Conferences. The Director and the Office shall use these procedural rules in the application of the Radio Regulations for the registration of the frequency allocations made by the Member States. The administrations may make comments on these rules and, in the event of a persistent disagreement, the matter shall be referred to an upcoming World Radiocommunications Conference;
MOD 97 (c) Compliance with other complementary functions related to the allocation and use of frequencies as indicated in number 78 of this Constitution, in accordance with the procedures laid down in the Regulation Radio communications, prescribed by a competent conference or by the Council with the consent of the majority of the Member States, for the preparation of conferences of this kind or in compliance with the decisions thereof.
MOD 99 2) In the performance of their duties, the members of the Board shall not request or receive any instructions from any government, any member of Government or any public or private organization or person. They shall also refrain from any act or participation in any decision which is incompatible with their condition as defined in the previous number 98.
MOD 100 3) Member States and Members of the Sectors shall respect the exclusively international character of the members of the Board and shall refrain from influencing them in the performance of their duties.
MOD The Study Commissions and the Radiocommunications Advisory Group
MOD 102 The respective roles of the Study Commissions and the Radiocommunications Advisory Group are specified in the Convention.
THE TELECOMMUNICATIONS NORMALIZATION SECTOR.
Functions and Structure
MOD 104 1 1) The Telecommunications Standardisation Sector shall have the task of achieving the objectives of the Union in the field of standardisation of telecommunications as set out in Article 1 of this Constitution, present the particular concerns of the developing countries, studying the technical, exploitation and pricing issues related to telecommunications, and adopting recommendations for the standardisation of telecommunications on a global scale.
MOD 107 (a) The World Assemblies For Standardization of Telecommunications;
ADD 108A bbis) The Telecommunications Standardisation Advisory Group;
MODO 111 a) In their own right, Member State administrations;
MOD 112 (b) Entities and organizations that acquire the status of Sector Members in accordance with the relevant provisions of the Convention.
MOD The World Assemblies for Standardization Of Telecommunications
MOD 113 1 The functions of the World Telecommunication Standards Assemblies are specified in the Convention.
MOD 114 2 The World Assemblies for Telecommunications Standardisation shall be held every four years; however, an additional Assembly may be held in accordance with the relevant provisions of the Convention.
MOD 115 3 The decisions of the World Assembly of Telecommunications Standards will be adjusted in all cases to the present Constitution, the Convention and the Administrative Regulations. When adopting resolutions and decisions, the Assemblies shall take account of their foreseeable financial implications and should avoid the adoption of those which may lead to the overshooting of the financial limits set by the Conference of Plenipotentiaries.
MOD The Study Commissions and the Standardisation Advisory Group
of Telecommunications
MOD 116 The respective roles of the Study Commissions and the Telecommunications Standards Advisory Group are specified in the Convention.
THE TELECOMMUNICATIONS DEVELOPMENT SECTOR.
Functions and Structure
MOD 122 b) Promote, in particular through the collaboration, development, expansion and exploitation of telecommunications services and networks, particularly in developing countries, taking into account the activities of others Stakeholders, and strengthening the capacities of human resources enhancement, planning, management and resource mobilization, and research and development;
ADD 132A bbis) The Telecommunications Development Advisory Group;
MOD 135 (a) In their own right, Member State administrations;
MOD 136 b) Entities and organizations that acquire the status of Sector Members in accordance with the relevant provisions of the Convention.
Telecommunications Development Conferences
MOD 142 4 The Telecommunications Development Conferences will not produce Final Acts. Its conclusions shall take the form of resolutions, decisions, recommendations or reports and in all cases shall comply with this Constitution, the Convention and the Administrative Regulations. In 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 financial limits set by the Conference of Plenipotentiaries.
MOD The Study Commissions and the Telecommunications Development Advisory Group
MOD 144 The respective roles of the Study Commissions and the Telecommunications Development Advisory Group are specified in the Convention.
OTHER PROVISIONS ABOUT THE UNION FUNCTION.
Global International Telecommunication Conferences
MOD 147 2 The decisions of the World Conference of International Telecommunications will be adjusted in all cases to the present Constitution and to the Convention. In 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 financial limits set by the Conference of Plenipotentiaries.
Union officials of choice and staff
MOD 151 2) Member States and Members of the Sectors 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 exercise of their powers. functions.
MOD 153 4) In order to ensure the effective functioning of the Union, any Member State, one of whose nationals has been elected Secretary-General, Deputy Secretary-General, or Director of an Office, shall, as far as possible, abstain from the to remove it between two Plenipotentiary Conferences.
Union Finance
MOD 159 2 Union expenditure shall be covered by:
ADD 159A a) The contributions of the Member States and Members of the Sectors;
ADD 159B b) The revenue specified in the Convention or Financial Regulation.
ADD 159C 2bis Member States and Members of the Sectors shall pay a sum equal to the number of units corresponding to the contributory class they have chosen according to the provisions of the numbers 160 to 161I below.
ADD 159D 2ter The costs incurred by the regional conferences referred to in paragraph 43 of this Constitution shall be borne by the Member States of the Region concerned, in accordance with their contributory class and, where appropriate, on the same basis, by Member States of other regions participating in such conferences.
MOD 160 3 1) Member States and Members of the Sectors shall freely choose the class in which they wish to contribute to the payment of Union expenditure.
MOD 161 2) The choice will be made, in the case of the Member States, in a Conference of Plenipotentiaries, in accordance with the scale of contributory classes and under the conditions set out in the Convention, as well as in the procedures that are indicate below:
ADD 161A 2bis) The choice shall be made, in the case of Members of the Sectors, in accordance with the scale of contributory classes and under the conditions laid down in the Convention, as well as in the following procedures.
ADD 161B 3bis 1) The Council, at its meeting prior to the Conference of Plenipotentiaries, will fix the provisional amount of the contributory unit, on the basis of the Financial Plan Project for the corresponding period and the total number of contributing units.
ADD 161C 2) The Secretary-General shall inform the Member States and the Members of the Sectors of the provisional amount of the contributory unit, as determined under the number 161B above, and shall invite the Member States to notify you, no later than one week before the date set for the commencement of the Plenipotentiary Conference, of the class of contribution that you have provisionally chosen.
ADD 161D 3) The Conference of Plenipotentiaries will determine, during its first week, the provisional upper limit of the contributory unit resulting from the measures taken by the Secretary-General in application of the numbers 161B and 161C above, taking into account any changes in the contribution classes notified by the Member States to the Secretary-General, as well as those which have not been amended.
ADD 161E 4) Taking into account the amended Financial Plan project, the Plenipotentiary Conference will determine the final upper limit of the amount of the contributory unit. The Secretary-General shall invite the Member States to announce, before the end of the penultimate week of the Conference of Plenipotentiaries, the kind of contribution they definitely choose.
ADD 161F 5) Member States which have not communicated their decision to the Secretary-General on the date established by the Conference of Plenipotentiaries shall retain the class of contribution previously chosen.
ADD 161G 6) Next, the Conference of Plenipotentiaries will approve the final Financial Plan, based on the total number of contributory units corresponding to the final contribution classes chosen by the Member States. and the contribution classes of the Members of the Sectors at the date of approval of the Financial Plan.
ADD 161H 3ter 1) The Secretary-General shall communicate to the Members of the Sectors the final upper limit of the amount of the contributory unit and invite them to notify him, within three months of the date of the closing of the the Conference of Plenipotentiaries, the kind of contribution they have chosen.
ADD 161I 2) Members of Sectors who have not communicated their decision to the Secretary-General within three months shall retain the class of contribution previously chosen.
MOD 162 3) Amendments to the scale of contributory classes adopted by a Plenipotentiary Conference will be applied for the choice of the contributory class in the next Plenipotentiary Conference.
MOD 163 4) The contributory class chosen by the Member States or Members of the Sectors shall be applicable from the first biennial budget after a Conference of Plenipotentiaries.
SUP 164
MOD 165 5 When choosing the contributory class, a Member State may not reduce it in more than two classes, and the Council shall indicate the manner in which such reduction shall be gradually operated during the period between Plenipotentiary Conferences. However, in exceptional circumstances, such as natural disasters requiring the launch of international aid programmes, the Conference of Plenipotentiaries may approve a further reduction of the contributory class when a State Member so request and show that you cannot continue to maintain your contribution in the originally chosen class.
ADD 165a 5a In exceptional circumstances, such as natural disasters requiring the launch of international aid programmes, the Council may approve a reduction in the class of contrib where a Member State so requests and demonstrates that it is not possible for you to continue to maintain your contribution in the originally chosen class.
ADD 165A 5ter Member States and Members of the Sectors may at any time choose a higher contributory class than they have previously adopted.
SUP 166 and 167
MOD 168 8 Member States and Members of the Sectors shall pay in advance their annual contribution, calculated on the basis of the biennial budget approved by the Council and any adjustments it may make.
MOD 169 9 Member States which are late in their payments to the Union shall lose the right to vote stipulated in numbers 27 and 28 of this Constitution while the amount of their arrears is equal to or greater than that of their contributions corresponding to the previous two years.
MOD 170 10 In the Convention, specific provisions concerning the financial contributions of Members of the Sectors and other international organisations are included.
Legal capacity of the Union
MOD 176 The Union shall enjoy, in the territory of each of its Member States, the legal capacity necessary for the exercise of its functions and the performance of its purposes.
Rules of Procedure for conferences and other meetings
MOD 177 1 For the organisation of its work and in its discussions, conferences and other meetings of the Union shall apply the Rules of Procedure of the conferences and other meetings of the Union adopted by the Conference of Plenipotentiaries.
MOD 178 2 Conferences, assemblies and the Council may adopt the rules they deem indispensable to supplement those of the Rules of Procedure. However, those rules must be compatible with the provisions of this Constitution and the Convention, as well as with the Rules of Procedure referred to in the number 177 above; those adopted by the conferences or assemblies shall be published as documents of the same.
GENERAL PROVISIONS REGARDING TELECOMMUNICATIONS.
Public law to use the international telecommunications service
MOD 179 Member States recognize 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.
Stopping Telecom
MOD 180 1 Member States reserve the right to detain, in accordance with their national law, the transmission of any private telegram which may appear to be dangerous to the security of the State or to its laws, public order or good customs, provided that the office of origin is immediately notified of the detention of the telegram or part thereof, unless such notification is deemed to be dangerous to the security of the State.
MOD 181 2 Member States also reserve the right to interrupt, in accordance with their national legislation, other private telecommunications which may appear to be dangerous to the security of the State or contrary to their laws, to order public or good manners.
Suspension of Service
MOD 182 Member States 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 Member States.
ARTICLE 36. (CS). Responsibility.
Telecom Secret
MOD 184 1 Member States undertake to take all measures to enable the telecommunications system used to ensure the secrecy of international correspondence.
Establishment, exploitation and protection of telecommunication channels and facilities
MOD 186 1 Member States shall adopt measures for the establishment, in the best technical conditions, of the channels and facilities necessary for the rapid and uninterrupted exchange of telecommunications
MOD 188 3 Member States shall ensure the protection of these channels and facilities within their respective jurisdictions.
MOD 189 4 Except for individual agreements setting other conditions, each Member State shall take the necessary measures to maintain the sections of the international telecommunications circuits subject to its control.
ADD 189A Member States recognise the need to take practical measures to prevent the operation of electrical appliances and installations of all kinds from causing harmful disturbances in the operation of installations telecommunications within the limits of the jurisdiction of other Member States.
Notification of Violations
MOD 190 In order to facilitate the application of Article 6 of this Constitution, the Member States undertake to inform each other of the violations of the provisions of this Constitution, of the Convention and of the Administrative Regulations and, where appropriate, mutual assistance.
Particular Agreements
MOD 193 The Member States reserve for themselves, for the holding companies recognised by them and for the others duly authorised for that purpose, the power to conclude special agreements on matters relating to telecommunications which do not interest the generality of the Member States. 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 Member States and, in general, as regards the technical injury which such application may cause to the operation of other telecommunications services of other Member States.
Regional conferences, agreements and organizations
MOD 194 Member States 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.
SPECIAL PROVISIONS FOR RADIOCOMMUNICATIONS.
MOD Use of the radio frequency spectrum and the orbit of geostationary satellites and other orbits
MOD 196 2 In the use of frequency bands for radio communications services, Member States shall take into account that the frequencies and associated orbits, including the orbit of geostationary satellites, are resources. limited natural resources to be used in a rational, efficient and economic manner, in accordance with the provisions of the Radio Regulations, to allow equitable access to those orbits and frequencies to the different countries or groups of countries, taking into account the special needs of developing countries and the geographical location of certain countries.
Harmful interference
MOD 197 1 All 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 Member States, recognised holding companies or other undertakings duly authorised to carry out a radio communication service and which operate in accordance with the provisions of the Radio Regulations.
MOD 198 2 Each Member State undertakes to require the holding companies recognised by it and the others duly authorised for this purpose to comply with the provisions of the previous number 197.
MOD 199 3 Member States also recognise the need to take as many measures as possible to prevent the operation of electrical installations and equipment of any kind from causing harmful interference to the radio communications or services referred to in the previous number 197.
Signs of distress, urgency, security, or false or misleading identification
MOD 201 Member States 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 located under their jurisdiction to issue these signals.
National Defense Services Facilities
MOD 202 1 Member States shall retain their entire freedom in respect of military radio installations.
RELATIONSHIPS WITH THE UNITED NATIONS, OTHER INTERNATIONAL ORGANIZATIONS, AND NON-MEMBER STATES.
Relationships with Non-Member States
MOD 207 Member States reserve for themselves and for recognised holding companies the power to fix the conditions for the admission of telecommunications to be submitted to a State which is not a Member State of the Union. Any telecommunications originating in such a State and accepted by a Member State 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, to the extent that you use channels from a Member State.
FINAL PROVISIONS.
Ratification, Acceptance, or Approval
MOD 208 1 This Constitution and the Convention shall be ratified, accepted or approved simultaneously in a single instrument by the signatory Member States in accordance with their constitutional requirements. Such an instrument shall be deposited as soon as possible by the Secretary-General, who shall make the relevant notification to the Member States.
MOD 209 2 1) For a period of two years from the date of entry into force of this Constitution and the Convention, the signatory Member States, even if they have not deposited the instrument of ratification, acceptance or approval, in accordance with the provisions of the preceding number 208, shall enjoy the same rights as those conferred on the Member States of the Union by numbers 25 to 28 of this Constitution.
MOD 210 2) Finished the period of two years from the date of entry into force of this Constitution and the Convention, the Signatory Member States which have not deposited the instrument of ratification, acceptance or approval of (a) in accordance with the provisions of the preceding paragraph 208, they shall not be entitled to vote at any conference of the Union, at any meeting of the Council, at any meeting of the Sectors, or in any consultation carried out by correspondence, provisions of this Constitution and of the Convention, until they have deposited such an instrument. Except for the right to vote, their other rights shall not be affected.
