0.784.012 text original Instrument of amendment to the Constitution of the International Union of telecommunications as amended by the Plenipotentiary Conferences from Kyoto 1994, Minneapolis 1998 and Marrakech 2002 adopted in Antalya on 24 November 2006 Instrument of ratification deposited by the Switzerland on 13 May 2008 entered into force for the Switzerland may 13, 2008 (status March 10, 2016) (Consolidated Version) preamble 1 1. in recognizing the right fully to each State sovereign to regulate its telecommunications and in view of the increasing importance of telecommunications for the safeguarding of peace and the economic and social development of all States, States parties to this Constitution, fundamental instrument of the International Union of telecommunications, and the Convention of the international telecommunications Union (hereinafter referred to as 'the Convention') that the complete, in order to facilitate peaceful relations and international cooperation among peoples and economic and social functioning development telecommunications, agreed to the following: RS 0.784.02 chapter I Basic provisions art. 1 purpose of the 19 Union has PP - 98-2-1. The Union has for object: 3 PP-98 has) to maintain and extend international cooperation between all its Member States for the improvement and rational use of telecommunications of all kinds;
3 A PP-98 a) to encourage and expand the participation of entities and organizations in the activities of the Union and to ensure cooperation and a fruitful partnership between them and the Member States to meet the General objectives set out in the purpose of the Union;
4 PP-98 (b) to promote and offer technical assistance to developing countries in the field of telecommunications, and also promote the mobilization of human, material and financial resources required for its implementation, as well as access to information;
5 (c) to promote the development of technical means and their more effective use, to increase the performance of telecommunications services, to increase their utility and to generalize the most possible use by the public;
6 d) to strive to extend the benefits of new technologies of telecommunications to all inhabitants of the planet;
7 e) to promote the use of telecommunication services to facilitate peaceful relations;
8 PP-98 f) harmonize the efforts of Member States and encourage cooperation and a fruitful and constructive partnership between Member States and members of the sectors to those purposes;
9 (g) to promote the adoption of a more general approach to telecommunications issues, globalization of the economy and the information society, by working with other intergovernmental organizations at the international level, regional and international as well as with non-governmental organizations dealing with telecommunications.
10-2. For this purpose and more particularly, the Union: 11 PP-98 has) performs the assignment of radio spectrum frequency bands, the allotment of radio frequency and the recording of assignments of frequency and, for space services, all orbital position associated with the orbit of geostationary satellites, or any characteristic associated with satellites on other orbits in order to avoid harmful interference between different countries radio stations;
12 PP-98 (b) coordinates the efforts to eliminate harmful interference between different countries radio stations and improve the use of the radio spectrum for radio services as well as the orbit of geostationary satellites and other orbits;
13 (c) facilitates the global standardization of telecommunications, with a satisfactory quality of service;
14 PP-98 d) encourages international cooperation and solidarity to provide technical assistance to developing countries as well as the creation, development and the development of facilities and telecommunication networks in the developing countries by all means at its disposal, including its participation in the programs of the United Nations and the use of its own resources , as required;
15 e) coordinates the efforts to harmonize the development of telecommunications, including those involving space technology, so as to make the best use of the opportunities they offer;
16 PP-98 f) encourages cooperation between Member States and sector members to establish rates to levels as low as possible, consistent with good quality service and financial management of telecommunications healthy and independent.
17 g) causes the adoption of measures to ensure the safety of human life through the cooperation of telecommunications services;
18 h) shall conduct studies, stop regulations, resolutions, recommendations and the greeting formula, collects and publishes information on telecommunications;
19 i) is working with the international financing and development, to promote the establishment of preferential and favourable credit lines for the development of social projects, among other things, to extend telecommunications services to the most remote areas in the country.
19A PP-98 j) encourages the participation of the entities involved in the activities of the Union and cooperation with regional and other organizations to meet the purpose of the Union.
Art. 2 composition of the Union PP - 98 20 PP - 98 the International Telecommunication Union is an intergovernmental organization in which Member States and sector members, who have rights and obligations clearly defined, they shall cooperate in answer to the purpose of the Union. Given the principle of universality and to the interest of universal participation in the Union, it consists of: 21 PP-98 has) any State which is a State member of the international telecommunications Union as a party to any International Telecommunication Convention before the entry into force of this Constitution and of the Convention;
22 (b) any other State member of the Organization of the United Nations, which adheres to this Constitution and to the Convention in accordance with the provisions of art. 53 of this Constitution;
PP-98 23 (c) any other State, not a member of the Organization of the United Nations, seeking to become a Member State of the Union and which, once its application has been approved by two thirds of the Member States of the Union, adheres to this Constitution and to the Convention in accordance with the provisions of art. 53 of this Constitution. If such a request admission as a Member State is presented during the period between two Plenipotentiary Conferences, the Secretary-General consults with the Member States of the Union; a Member State is considered as abstain as if he has not responded within a period of four months from the day where it was consulted.
PP-98 art. 3 rights and obligations of Member States and members of the 28 c PP-98 sectors 24 PP-98 1. Member States and sector members have rights and are subject to the obligations provided for in this Constitution and in the Convention.
25 PP-98 2. Rights of Member States with regard to their participation in conferences, meetings and consultations of the Union, are the following: 26 PP-98 has) any Member State has the right to participate in the conferences, is eligible for the Council and has the right to present candidates for the election of the elected officials of the Union or of the members of the Committee of the radio regulations;
27 PP-98 any Member State b), subject to the provisions of numbers 169 and 210 of the Constitution, also entitled to one vote at all the Conferences of Plenipotentiaries, all the global conferences and all meetings of the sectors as well as in all meetings of the study groups and, if it is part of the Council, in all the sessions of this Council. Regional conferences, only the Member States of the region concerned have the right to vote;
PP-98 28 (c) any Member State has, subject to the provisions of numbers 169 and 210 of the Constitution, also right to a voice in any consultation by correspondence. In the case of consultations on regional conferences, only the Member States of the region concerned have the right to vote.
28A PP-98 3. With respect to their participation in the activities of the Union, members of the sectors are allowed to participate fully in the activities of the sector of which they are members, subject to the relevant provisions of this Constitution and of the Convention: 28 PP-98 b) they provide chairs and vice-chairs for meetings of the sectors, as well as for the global conferences of telecommunication development;
28 c PP-98 b) they are allowed, subject to the relevant provisions of the Convention and the relevant decisions adopted in this regard by the Plenipotentiary Conference, to participate in the adoption of the Questions and recommendations and decisions related to the working methods and procedures of the sector concerned.
Art. Instruments of the Union 32 29 1 4. The instruments of the Union are: - the Constitution of the International Telecommunication Union; - the Convention of the International Telecommunication Union; and - the by-laws.
30 2. The present Constitution, whose provisions are supplemented by the Convention is the fundamental instrument of the Union.
PP-98 31, 3. The provisions of this Constitution and of the Convention are increasingly supplemented by the by-laws listed below, which regulate the use of telecommunications and bind all Member States: - the international telecommunications regulations; - the radio regulations.
32 4. In case of discrepancy between a provision of this Constitution and any provision of the Convention or the by-laws, the Constitution prevails. In the event of conflict between a provision of the Convention and a provision of the by-laws, the Convention prevails.
Art. 5 definitions 36 33 unless inconsistent with the context: 34A) the terms used in this Constitution and defined in the annex, which is an integral part of this Constitution, have the meaning assigned to them in this annex;
35 (b) terms - other than those set out in the annex to this Constitution - used in the Convention and defined in the annex to this Convention, which is part of the Convention, have the meaning assigned to them in this annex;
36 c) the other terms defined in the by-laws have the meaning assigned to them in these regulations.
Art. 6 execution of the instruments of the Union 38 PP - PP-98 98 37, 1. Member States are required to comply with the provisions of this Constitution, the Convention and the laws in all offices and stations of telecommunication established or operated by them, and that provide international services or which may cause harmful interference to other countries radio services, except in the case of services which escape those obligations under the provisions of art. 48 of this Constitution.
38 PP-98 2. Member States are also required to take the necessary measures to impose the observation of the provisions of this Constitution, the Convention and the by-laws to the operations authorized by them to establish and operate telecommunications and providing international services or operate stations that may cause harmful interference to other radiocommunication services.
Art. 7 the Union 46 39 the Union structure: 40 a) the Conference of Plenipotentiaries, supreme organ of the Union;
41 (b) the Council, which acts as a representative of the Conference of Plenipotentiaries;
42 (c) global conferences of international telecommunications;
43 d) the Radiocommunication sector, including global and regional conferences of radiocommunications, radiocommunication assemblies and the Committee of the radio regulations;
PP-98 44 (e) of the standardization of telecommunications, including the global assemblies of Telecommunication Standardization sector;
45 (f) development of the telecommunications sector, including global and regional telecommunication development conferences;
46 g) general Secretariat.
Art. 8. the Conference of Plenipotentiaries 59 d PP-94 PP-98 47 PP-98 1. The Plenipotentiary Conference is composed of delegations representing Member States. It is convened every four years.
48 PP-98 2. On the basis of proposals from Member States and in view of the reports of the Council, the Plenipotentiary Conference: 49A) determines the General principles to meet the purpose of the Union set out in art. 1 of this Constitution;
50 PP-94 PP-98 (b) examines the reports of the Council on the activity of the Union since the previous Conference of Plenipotentiaries as well as policy and strategic planning of the Union;
51 PP-98 PP-02 c) in view of the decisions taken on the basis of the reports mentioned at number 50 above, establishes the strategic plan for the Union as well as the basics of the budget of the Union and the financial boundaries corresponding to the period up to the Plenipotentiary Conference next, after reviewing all the relevant aspects of the activity of the Union during this period.
51 A PP-98 c) establishes, by applying the procedures set out in the numbers 161D to 161 G of this Constitution, the total number of units contributory for the period up to the Plenipotentiary Conference next, based on the classes of contributions announced by Member States;
52 (d) formulates all general guidelines concerning the size of the Union and fixed, if necessary, treatment of base, the scales of salaries and the regime of allowances and pensions of all officials of the Union;
53 e) examines the accounts of the Union and approves them permanently if there is place;
(54 PP-98 f) elects Member States called upon to compose the Board 55 g) elects the Secretary general, the Deputy Secretary-General and the directors of the offices in their capacity as elected officials of the Union;
56 h) elects the members of the Committee of the radio regulations;
57 PP-94 PP-98 (i) considered and adopted, if it is necessary, the proposed amendments to this Constitution and the Convention, made by Member States, in accordance with, respectively, the provisions of art. 55 of the present Constitution and the relevant provisions of the Convention;
58 (j) concludes or revise, as appropriate, agreements between the Union of other international organizations, reviews any provisional agreement reached by the Council on behalf of the Union with such organizations and gives it more it deems appropriate;
58A PP-98 PP-02 j) adopts and fine the General rules of conferences, assemblies and meetings of the Union;
59 k) treats all other telecommunications issues deemed necessary.
59 IN PP-94 3. Exceptionally, during the interval between two ordinary Plenipotentiary Conferences, an extraordinary Plenipotentiary Conference may be convened with an agenda limited to address specific topics: 59 PP-94 b) by decision of the Conference of Plenipotentiaries previous ordinary;
59 c PP-94 PP-98 b) on application made individually by two thirds of the Member States and to the Secretary-General;
59 d PP-94 PP-98 c) on proposal of the Council, with the agreement of at least two thirds of the Member States.
Art. 9 principles for elections and related matters 64 PP-02 60 1. During the elections referred to in numbers 54 to 56 of the present Constitution, the Conference of Plenipotentiaries shall ensure that: has 61 PP-02) the Member States of the Council should be elected with due regard to the need for a fair distribution of the seats in the Council in all regions of the world;
62 PP-94 PP-98 PP-02 (b) the Secretary-General, the Deputy Secretary-General and the directors of the offices are elected from among candidates proposed by the Member States as their nationals, they are all nationals of different Member States and that, in their election, he duly into account geographical balance between the regions of the world; It should also take due account of the principles set out in the number 154 of this Constitution;
63 PP-94 PP-98 PP-02 (c) members of the Committee of the radio regulations are elected as individuals and selected from candidates proposed by Member States as their nationals. Each Member State may propose only one candidate. The members of the Committee of the radio regulations shall not be nationals of the same Member State as the Director of the Radiocommunication Bureau; for their election, should take due account of the principle of equitable geographical distribution between the regions of the world and of the principles set out in number 93 of the present Constitution.
64 PP-02 2. The provisions relating to the inauguration, vacancies and the re are in the Convention.
Art. 10. the Council 72 65 PP-98 1. (1) the Council is composed of members elected by the Conference of plenipotentiaries in accordance with number 61 of this Constitution.
PP-02 66, 2) each Member of the Council state to serve on the Board a person who can be assisted by one or more assessors.
67 PP - 02 68 3 repealed. In the interval between Plenipotentiary Conferences, the Board, as the governing body of the Union, acts as a representative of the Conference of Plenipotentiaries within the limits of the powers delegated by the Commission.
PP-98 69, 4. (1) the Council is responsible for taking all measures to facilitate the implementation, by Member States, the provisions of this Constitution, of the Convention, the administrative regulations, decisions of the Conference of Plenipotentiaries and, where applicable, the decisions of other conferences and meetings of the Union, as well as to perform all other tasks assigned by the Conference of plenipotentiaries.
70 PP-98 PP-02
(2) the Council shall consider issues of telecom policy in accordance with the guidelines of the Conference of Plenipotentiaries, so that policy and strategy of the Union are perfectly adapted to the changing environment of telecommunications 70A PP - 02 2) the Council shall establish a report on the policy and strategic planning recommended for the Union as well as on their financial implications using concrete data prepared by the Secretary general in application 74A number below.
71 3) it ensures effective coordination of the activities of the Union and exercises effective financial control over the general Secretariat and the three sectors.
72 4) it helps, in accordance with the purpose of the Union, the development of telecommunications in the developing countries by all means at its disposal, including through the participation of the Union in the appropriate programs of the United Nations.
Art. Secretariat general 77 73 1 11. (1) the general Secretariat is headed by a Secretary general attended a Deputy Secretary-General.
73 PP - 06. the Secretary-General acts as representative of the Union.
73A PP-98 2) the functions of the Secretary-General are set out in the Convention. In addition, the Secretary general: PP 74-98 has) coordinates the activities of the Union with the assistance of the coordination Committee;
74 A PP-98 PP-02 b) prepare, with the assistance of the coordination committee, and provides Member States and members of the concrete data sectors may be needed for the preparation of a report on the policy and the strategic plan of the Union, and coordinates the implementation of that plan. This report is communicated to the Member States and sector members, for consideration during the two last sessions of the Council preceding the Conference of Plenipotentiaries;
75 PP-98 c) take all necessary measures to ensure that EU resources are used sparingly and is responsible to the Board for all of the administrative and financial aspects of the activities of the Union;
76 PP-98 PP-06 repealed 76 A PP - 98 3) the Secretary-General may act as custodian of special arrangements established in accordance with art. 42 of this Constitution.
77 2. The Deputy Secretary-General is accountable to the Secretary-General; He assists the Secretary-General in the exercise of its functions and specific responsibilities entrusted to the Secretary-General. The responsibilities of the Secretary general in the absence of the latter.
Chapter II article radiocommunication sector 12 functions and structure 88 PP-98 78 PP-98 1. (1) the functions of the Radiocommunication sector are, keeping in mind the special concerns of developing countries, to meet the purpose of the Union on radiocommunications, as set out in art. 1 of this Constitution,-ensuring the use rational, equitable, effective and economic of the radio spectrum by all radiocommunication services, including those using the geostationary satellite orbit and other orbits, subject to the provisions of art. 44 of this Constitution, and - by conducting studies without limitation as to the frequency range and by adopting recommendations on radiocommunication.
79 2) specific responsibilities in the area of radiocommunications and telecommunications standardization sector must be reviewed continuously in close cooperation, regarding the problems interesting the two sectors, in accordance with the relevant provisions of the Convention. Close coordination should be ensured between Radiocommunication, standardization of telecommunications, and the development of telecommunications sectors.
80 2. The operation of the Radiocommunication sector is ensured by: 81A) conferences world and regional radiocommunication;
82 (b) the Committee of the radio regulations;
83 PP-98 c) radiocommunication assemblies;
84 (d) of the study groups;
84A PP-98 d) Radiocommunication Advisory Group;
85 e) the Radiocommunication Bureau headed by an elected Director.
86 3. The Radiocommunication sector has for members: PP 87-98 has) right, the administrations of all Member States;
88 PP-98 (b) any entity or organization who became a member of the sector in accordance with the relevant provisions of the Convention.
Art. 13 radio and assembled 92 PP - 98 89 radiocommunication conferences 1. A world radiocommunication conference can a partial revision or, exceptionally, of the radio regulations and deal with any other issues of a global nature of jurisdiction and related to its agenda. The other functions of this conference are set out in the Convention.
90 PP-98 PP-06 2. World radiocommunication conferences are normally convened every three years to four years; However, in accordance with the provisions relevant to the Convention, such a conference may not be convened or an additional conference can be convened.
91 PP-98 PP-06 3. Radiocommunication assemblies are similarly normally convened every three years to four years and may be associated with the world radiocommunication conferences so as to improve the efficiency and productivity of the Radiocommunication sector in place and dates. Radiocommunication assemblies establish the technical foundations for the work of the world radiocommunication conferences and give all requests of such conferences; their duties are set out in the Convention.
92 PP-98 4. Decisions of global conferences of the radio, the Regional Radiocommunication Conference and radiocommunication assemblies must comply, in all cases, the provisions of this Constitution and of the Convention. The decisions of the meetings of the radio or the regional radiocommunication conferences must be also, in all cases, consistent with the provisions of the radio regulations. When they adopt resolutions or decisions, the conferences must take into account the foreseeable financial implications and should avoid adopting resolutions or decisions that may lead to exceeding the financial limits set by the Conference of plenipotentiaries.
Art. 14 Committee of the PP-98 93 radio regulations 1. The rules of the radio Committee is composed of members elected fully qualified in the field of radiocommunications and possessing practical experience in assignment and use of frequencies. Each Member must be aware of the terms geographic, economic and demographic of a particular region of the world. Members exercise their duties in the service of the Union of independent and part-time.
93A PP-98 1. The radio regulations Board consists of at most 12 members or a number of members corresponding to 6% of the total number of Member States, according to the number which is the highest.
94 2. The functions of the Committee of the radio regulations are: PP 95-98 PP-02 has) to approve rules of procedure, which include technical criteria, in accordance with the radio regulations and the decisions of the competent radiocommunication conferences. These rules of procedure are used by the Director and the Bureau in the application of the radio regulations to record frequency assignments made by the Member States. These rules are developed in a transparent manner and may be subject to comments on the part of Governments and, in case of persistent disagreement, the question is subject to the following world radiocommunication conference.
96 (b) to consider any other problem that cannot be solved by the application of the above rules of procedure;
97 PP-98 c) to run additional tasks relating to the assignment and the use of frequencies, as shown at number 78 of this Constitution, in accordance with the procedures provided by the radio regulations, prescribed by a competent conference or by the Council with the consent of the majority of Member States for the preparation of such a conference or in the implementation of its decisions.
98 3. (1) the members of the Committee of the radio regulations, in discharging their duties in the Committee, do not represent their Member State or a region, but are invested with international public office. In particular, each Member of the Committee must refrain from participate in decisions directly about his administration.
PP-98 99, 2) no member of the Committee shall, with respect to the exercise of its functions in the service of the Union, seek or receive instructions from any Government or any member of any Government, or any organization or public or private entity. The members of the Committee should refrain from taking any measure or to be associated with any decision that may be incompatible with their status as defined in the No. 98 above.
(3) Member States and sector members must respect the exclusively international character of the functions of the members of the Committee and refrain from seeking to influence them in the exercise of their functions within the Committee.
101 4. The working methods of the Committee of the radio regulations are defined in the Convention.
PP-98 art. 15 commissions the respective functions of the study groups of studies and Advisory Group of the PP - 98 PP-98 102 102 radio and Radiocommunication Advisory Group are set out in the Convention.
Art. 16 103 103 radiocommunication bureau the functions of the Director of the Radiocommunication Bureau are set out in the Convention.
Chapter III the art Telecommunication Standardization sector 17 functions and structure PP-98 104 PP-98 1. (1) the functions of the Telecommunication Standardization sector are, keeping in mind the special concerns of developing countries, to meet the purpose of the Union on the standardisation of telecommunications, as set out in art. 1 of this Constitution, by conducting studies on technical issues, pricing and operations and by adopting recommendations thereon to the standardization of telecommunications around the world.
105 2) the specific responsibilities of the sector of the Radiocommunication sector and Telecommunication Standardization should be reviewed continuously in close cooperation, regarding the problems interesting the two sectors, in accordance with the relevant provisions of the Convention. Close coordination should be ensured between Radiocommunication, standardization of telecommunications and the development of telecommunications sectors.
106 2. The operation of the Telecommunication Standardization sector is ensured by: PP 107-98 has) World Telecommunication Standardization Assembly;
108 (b) of the Telecommunication Standardization study groups;
108a PP-98 b) the Telecommunication Standardization Advisory Group;
109 c) the Bureau of standardization of telecommunications, headed by an elected Director.
110-3. The Telecommunication Standardization sector has for members: PP 111-98 has) right, the administrations of all Member States;
112 PP-98 (b) any entity or organization who became a member of the sector in accordance with the relevant provisions of the Convention.
PP-98 art. 18 global assemblies of standardization of telecommunications PP-98 113 PP-98 1. The role of the Global Telecommunication Standardization assemblies is defined in the Convention.
114 PP-98 2. The Global Telecommunication Standardization assemblies are convened every four years; However, an additional meeting may be organised in accordance with the relevant provisions of the Convention.
115 PP-98 3. The decisions of the Global Telecommunication Standardization assemblies must be, in all cases, consistent with the provisions of this Constitution, by-laws and the Convention. When they adopt resolutions or decisions, meetings must take into account the foreseeable financial implications and should avoid adopting resolutions or decisions that may lead to exceeding the financial limits set by the Conference of plenipotentiaries.
PP-98 art. 19 commissions studies and Advisory Group of the standardization of telecommunications 116 PP - 98 116 PP-98 the respective functions of the study groups and the Telecommunication Standardization Advisory Group are set out in the Convention.
Art. 20 office of the standardization of telecommunications 117 117 the functions of the Director of the Telecommunication Standardization Bureau are set out in the Convention.
Chapter IV the development of telecommunications art sector 21 functions and structure 136 PP-98 118 1. (1) the functions of the telecommunication development sector are to meet the purpose of the Union, as it is set out in art. 1 of this Constitution and to fulfil, within its sphere of specific competence, the double responsibility of the Union as a specialized United Nations agency and enforcement agent for the implementation of projects under the development of the United Nations system or of other financing arrangements, in order to facilitate and improve the development of telecommunications by providing organizing and coordinating technical cooperation and assistance activities.
119 2) activities from areas of radiocommunications, standardization of telecommunications and the development of telecommunications are a close cooperation regarding issues related to development, in accordance with the relevant provisions of this Constitution.
120 2. In the above context, the specific functions of the development of the telecommunications sector are: 121 a) increase awareness of decision-makers to the important role of telecommunications in economic and social development programmes and provide information and advice on options for policy and structure;
122 PP-98 b) to encourage, particularly through the partnership, development, expansion and operation of networks and telecommunications services, particularly in developing countries, taking into account the activities of other relevant bodies, by strengthening the means of development of the human resources, planning, management, mobilizing resources and research and development;
123 (c) to stimulate the growth of telecommunications by cooperation with regional telecommunication organizations and with the global and regional institutions of financing for development, following the status projects in its development agenda, to ensure their successful implementation;
124 (d) encourage the mobilization of resources to provide assistance to developing countries in the field of telecommunications, by encouraging the establishment of preferential and favourable credit lines and cooperating with international and regional financing and development agencies
125 e) to promote and coordinate programs to speed up the transfer of appropriate technology for developing countries in view of evolution and the changes that occur in networks developed;
126 (f) to encourage the participation of industry in the development of telecommunications in the developing countries, and to give advice on the choice and the transfer of appropriate technologies;
127 (g) to provide advice, to perform or to sponsor studies, if any, on questions of technique, of Economics, finance, management, regulation, and policy, including studies on specific projects in the field of telecommunications;
128 h) to collaborate with other sectors, the general Secretariat and other concerned bodies to develop a comprehensive plan for international and regional networks of telecommunications, in order to facilitate the coordination of their development for the provision of telecommunications services;
129 (i) particularly interested in exercising the above-mentioned functions, the needs of the least developed countries.
130-3. The development of the telecommunications sector is run by: 131a) conferences world and regional telecommunication development;
132 (b) commissions for studies of the development of telecommunications.
132 A PP-98 b) the Advisory Group for the development of telecommunications.
133 (c) headed by an elected Director Telecommunication Development Bureau.
134 4. The development of the telecommunications sector has for members: 135 PP-98 has) right, the administrations of all Member States;
136 PP-98 (b) any entity or organization who became a member of the sector in accordance with the relevant provisions of the Convention.
Art. 22 137 PP-98 telecommunication development conferences 1. Telecommunication development conferences constitute a framework for discussion which are discussed issues, projects and programmes in the development of telecommunications and where are given guidance to the Office of telecommunication development.
138 2. Telecommunication development conferences include: 139 a) World Telecommunication development conferences;
140 (b) regional telecommunication development conferences.
141 3. He stands between two Plenipotentiary Conferences a world conference of telecommunications and development, according to resources and priorities, regional telecommunication development conferences.
4. telecommunication development conferences are not final acts. Their conclusions in the form of resolutions, decisions, recommendations or reports. These findings must be, in all cases, consistent with the provisions of this Constitution, by-laws and the Convention. When they adopt resolutions or decisions, the conferences must take into account the foreseeable financial implications and should avoid adopting resolutions or decisions that may lead to exceeding the financial limits set by the Conference of plenipotentiaries.
143 5. The role of telecommunication development conferences is defined in the Convention.
PP-98 art. 23 commissions of development of telecommunications studies and Advisory Group for the development of telecommunications 144 PP - 98 144 PP-98 the respective functions of the commissions for studies of the development of telecommunications and of the Advisory Group for the development of telecommunications are set out in the Convention.
Art. 24 PP-02 145 telecommunications development office the Director of the Office of telecommunication development are outlined in the Convention.
PP-02 chapter IVA working methods of sectors chapter V other provisions on the functioning of the Union art. 25 147 PP-98 international telecommunications conferences 146 1. A world conference of the international telecommunications can review partial, or exceptionally total, of the international telecommunications regulations and address any other issue of global nature of jurisdiction or relating to its agenda.
147 PP-98 2. The global conferences of the international telecommunication decisions must, in all cases, comply with the provisions of this Constitution and of the Convention. During the adoption of resolutions or decisions, conferences should take into account the foreseeable financial implications and should avoid adopting resolutions or decisions that may lead to exceeding the financial limits set by the Conference of plenipotentiaries.
Art. 26 149 148 1 Coordinating Committee. The coordination Committee is composed of the Secretary-General, the Deputy Secretary-General and the directors of the three offices. It is chaired by the Secretary-General and, in his absence, by the Deputy Secretary-General.
149 2. The coordination Committee is an internal management team that advises the Secretary-General and provides practical help for questions about administration, finance, information systems and technical cooperation that are not exclusively the jurisdiction of a given sector or the general Secretariat as well as in the areas of external relations and public information. In the review of these issues, the Committee takes full account of the provisions of this Constitution, of the Convention, the decisions of the Council and of the interests of the entire Union.
Art. 27. the elected officials and the staff of the Union 154 150 1. (1) in the performance of their duties, public servants elected as well as the staff of the Union must solicit nor accept instructions from any Government or from any authority outside the Union. They must refrain from any act incompatible with international officials.
151 PP-98 2) Member States and sector members shall respect the exclusively international character of the functions of these elected officials and staff of the Union, and to refrain from seeking to influence them in the performance of their tasks.
152 3) outside of their duties, officials elected as well as the staff of the Union, must not have participation or financial interest of any kind whether, in a company any dealing with telecommunications. However, the expression 'financial interests' should not be interpreted as opposing to the continuation of payments for retirement due to employment or past service.
PP-98 153 (4) to ensure an effective functioning of the Union, any Member State including a citizen was elected Secretary-General, Deputy Secretary-General or Director of an Office must, to the extent possible, refrain from remembering what national between two Plenipotentiary Conferences.
154 2. The dominant consideration in recruitment and the establishment of the conditions of employment of staff should be the need to provide the Union with the services of people with the highest standards of efficiency, competence and integrity. The significance of a recruitment on a broadest possible geographical basis should be duly taken into account.
Art. 28 Finance of the Union 170 PP - 98 155 1. Union expenses include fees: 156 a) the Council;
157 (b) to the general Secretariat and the sectors of the Union;
158 (c) Conference of Plenipotentiaries and the global conferences of the international telecommunications.
159 PP-98 2. Expenditures of the Union are covered by: 159 PP-98 has) the contributions of its Member States and sector members.
159 B PP-98 b) other revenue specified in the agreement or in the financial regulations.
159C PP-98 2. each Member State and each sector member pay a sum which is the number of units corresponding to the class of contribution chosen by them, in accordance with numbers 160 to 161I below.
159A PP-98 PP-02 2 expenditures of the regional conferences referred to in number 43 of this Constitution are the responsibility: 159th PP - 02 has) of all Member States of the region concerned, according to their class of contribution;
159F PP-02 b) of Member States from other regions who participated in such conferences, according to their class of contribution;
159 G PP-02 c) sectors and other organizations allowed members who participated in such conferences, in accordance with the provisions of the Convention.
160 PP-98 3. (1) Member States and sector members freely choose the class of contribution that they intended to participate in the expenses of the Union.
98 PP 161, 2) Member States make their choice during a Conference of plenipotentiaries in accordance with the scale of contribution classes and the conditions indicated in the Convention as well as the following procedures.
161 A PP-98 3) sectors members make their choice in accordance with the scale of contribution classes and the conditions indicated in the Convention as well as the following procedures.
161B PP-98 3. (1) the Council, at its session preceding the Conference of Plenipotentiaries, the provisional amount of the contributory unit on the basis of the draft financial plan for the same period and the total number of contributory units.
161 PP-98 PP-06 2). the Secretary-General informed Member States and sector members of the interim of the contributory unit amount, determined under the number 161 B above, and invites Member States to notify him, at the latest four weeks before the date set for the beginning of the Conference of Plenipotentiaries, the class contribution they choose temporarily.
161D PP-98 3) determines the Plenipotentiary Conference, in its first week, the interim of the contributory unit upper limit as a result of the measures taken by the Secretary-General pursuant to the numbers 161 B and 161 above, taking into account possible changes in contribution classes reported by Member States to the Secretary-General as well as classes of contribution remaining unchanged.
161st PP-98 PP-02 PP-06 4) in view of the draft revised such financial plan, the Plenipotentiary Conference determines the upper limit of the amount of the contributory unit as soon as possible and sets the date, which must be no later than the Monday of last week of the Plenipotentiary Conference, at which Member States, at the invitation of the Secretary-General must have announced the class of contribution they have definitely chosen.
161F PP-98 5) the Member States which have not notified to the Secretary-General their decision on the date set by the Conference of Plenipotentiaries retain the contribution class they had chosen previously.
161 G PP-98 6) the Plenipotentiary Conference approves then the financial plan based on the total number of contributory unit corresponding to the contribution classes final selected by the Member States and the contribution classes of the sector members at the date of approval of the financial plan.
161H PP-98 3. (1) the Secretary-General informs sector members of the final upper limit of the amount of the contributory unit and invites them to notify him, within three months following the closing date of the Conference of Plenipotentiaries, the class of contribution they have chosen.
161I PP-98 2) members of the sectors that have not notified to the Secretary-General their decision within this period of three months retain the contribution class they had chosen previously.
(3) the amendments to the scale of contribution classes adopted by a Conference of Plenipotentiaries, apply to the choice of the next class of contribution during the Conference of plenipotentiaries.
163 PP-94 PP-98 4) chosen by a Member State or a member of sector contribution class is applicable from the first biennial budget following a Conference of plenipotentiaries.
164 PP-98 repealed 165 PP-98 5. When it chooses its contribution class, a Member State shall not reduce it more of two classes of contribution and the Council must indicate the terms of progressive implementation of this reduction in the interval between the Plenipotentiary Conferences. However, in exceptional circumstances, such as natural disasters requiring the launch of international aid programs, the Plenipotentiary Conference may authorize a more significant reduction in the number of contributory units when a Member State requests and provides evidence that it can no longer sustain its contribution in the initially chosen class.
165A PP-98 5. In exceptional circumstances, such as natural disasters requiring the launch of international assistance programmes, the Council may authorize a reduction in the number of contributory units when a Member State requests and provides evidence that it can no longer sustain its contribution in the initially chosen class.
165B PP-98 5. Member States and sector members can at any time choose a contribution class higher than they had adopted previously.
166 and 167 PP-98 repealed 168 PP-98 8. Member States and sector members pay their contribution annual, calculated according to the biennial budget approved by the Council and taking into account any adjustments adopted by it in advance.
PP-98 169, 9. A Member State in arrears in its payments to the Union loses its right to vote set to the numbers 27 and 28 of this Constitution as long as the amount of its arrears equals or greater than the amount of the contributions due for the preceding two years.
170 PP-98 10. The specific provisions governing the financial contributions of sector members and other international organizations are in the Convention.
Art. 29 languages 174 171 PP-06 1. (1) the official languages of the Union are: English, Arabic, Chinese, Spanish, the french and Russian.
172 2) these languages are used, in accordance with the relevant decisions of the Conference of Plenipotentiaries for the establishment and publication of documents and texts of the Union as equivalent by their form and their content, as well as interpreting versions mutual during the conferences and meetings of the Union.
173 3) in the event of disagreement or dispute, the french text makes faith.
174 2. When all the participants to a conference or meeting agree to this procedure, the debates can take place in fewer languages than mentioned above.
Art. 30 seat the Union 175 175. the Union has its headquarters in Geneva.
Art. 31 legal capacity of the PP - 02 176 PP-98 the Union Union enjoys on the territory of each of its Member States, of the legal capacity, which is necessary to perform its functions and achieve its objectives.
PP-02 art. 32 General rules of conferences, assemblies and meetings of the Union 178 PP-98 PP-02 177 PP-98 PP-02 1. The General rules of conferences, assemblies and meetings of the Union, adopted by the Conference of Plenipotentiaries shall apply to the preparation of conferences and meetings, to the Organization of work and the conduct of business of the conferences, assemblies and meetings of the Union as well as the election of the States members of the Council, the Secretary-General, the Deputy Secretary-General, the directors of offices of sectors and members of the Committee of the radio regulations.
178 PP-98 PP-02 2. Conferences, the meetings and the Council may adopt rules as necessary to supplement those of chapter II of the General rules governing conferences, assemblies and meetings of the Union. However, these additional rules must be consistent with the provisions of this Constitution, the Convention and the above-mentioned chapter II; If it's complementary rules, adopted by conferences or assemblies, they are published as documents of the latter.
Chapter VI General provisions on telecommunications PP-98 art. 33 right for the public to use the international telecommunication service 179 PP - 98 179 PP - 98 Member States recognize the right to correspond through the international public correspondence service to the public. Services, taxes and benefits are the same for all users, within each category of correspondence, without any priority or preference any.
Art. 34 181 PP-98 telecommunications stop 180 PP-98 1. Member States reserve the right to stop the transmission of any private telegram that would appear dangerous to the security of the State or contrary to its laws, public order or good morals, to immediately notify the office of origin of a standstill of the telegram or a dependant in accordance with their national legislation, any part thereof, except in the case where this notification may appear dangerous to the security of the State.
181 PP-98 2. Member States also reserves the right to interrupt any other private telecommunications in accordance with their national legislation, which may appear dangerous to the security of the State or contrary to its laws, public order or good morals.
Art. Suspension of service 182 PP - 98 182 35 PP-98 each Member State reserves the right to suspend the international service of telecommunication, either generally, or only for certain relationships or for certain types of matches of departure, arrival or transit, in charge for him to notify immediately each of the other Member States through the Secretary-General.
Art. 36 responsibility 183 PP-98 183 PP-98 Member States accept no responsibility for users of international telecommunications services, particularly in regard to claims seeking damages and interest.
Art. 37 secrecy of telecommunications 185 184 PP-98 1. Member States undertake to take all measures possible, compatible with the system of telecommunication used, to ensure the secrecy of international correspondence.
185 2. However, they reserve the right to communicate these correspondences to the competent authorities, in order to ensure the application of their national legislation or enforcement of international conventions to which they are parties.
Art. 38 establishment, operation and backup ports and telecommunications facilities A PP 189 - 98 186 PP-98 1. Member States take necessary steps to establish, in the best conditions techniques, ways and facilities to ensure fast and uninterrupted international telecommunications exchanges.
187 2. As much as possible, these channels and installations must be operated according to the practical experience of the operation has revealed the best methods and procedures, maintained in good condition of use and maintained at the level of scientific and technical progress.
188 PP-98 3. Member States ensure the backup of these channels and installations within their jurisdiction.
PP-98 189, 4. Unless specific arrangements setting other conditions, all Member States take appropriate measures to ensure the maintenance of those sections of international telecommunication circuits which are included within the limits of their control.
189A PP-98 5. Member States recognize the need to take practical measures to prevent that the operation of the devices and electrical installations of all kinds disrupts the functioning of telecommunication facilities within the jurisdiction of other Member States.
Art. 39 notification of tickets 190 PP - 98 190 PP-98 in order to facilitate the application of the provisions of art. 6 of this Constitution, Member States undertake to inquire each other and, if necessary, at each other about the contraventions of the provisions of this Constitution, the Convention and the by-laws.
Art. 40 priority of telecommunications relating to the security of human life 191 191 international telecommunications services must give top priority to all telecommunications relating to the safety of human life at sea, on land, in the air and in outer space, as well to the World Health Organization's exceptional emergency epidemiological telecommunications.
Art. 41 priority of telecommunications of State 192 192 under the provisions of art. 40 and 46 of the present Constitution, State telecommunications (see the annex to this Constitution, number 1014) enjoy a right of priority on other telecommunications, insofar as possible, when the request is made specifically by the person concerned.
Art. 42 193 PP - 98 193 PP-98 special arrangements
Member States themselves, for themselves, for farms recognized by them and for other operations duly authorized for this purpose, the Faculty of special arrangements on issues of telecommunications are not interested in all of the Member States. However, these arrangements should not go against the provisions of the present Constitution, the agreement or the by-laws, with respect to harmful interference that their implementation would be likely to cause to radio services from other Member States, and in general regarding the technical damage that this application could cause the operation of other telecommunications services from other Member States.
Art. 43 regional conferences, regional arrangements, regional organizations 194 PP - 98 194 PP - 98 Member States reserve the right to hold regional conferences, regional arrangements and to create regional organizations, to address telecommunication issues likely to be addressed on a regional plan. Regional arrangements should not be in contradiction with the Constitution or the Convention.
Chapter VII special provisions on radiocommunication PP-98 art. 44 use of the spectrum of radio frequencies as well as the orbit of geostationary satellites and from other orbits 196 PP-98 195 PP-02 1. Member States are trying to limit the number of frequencies and the spectrum used to the minimum necessary to ensure satisfactory functioning of necessary services. To this end, they are trying to apply promptly the latest advances in technology.
196 PP-98 2. When using frequency bands for radio services, Member States must take into account that radio frequencies and related, including the geostationary satellite orbit, orbits are limited natural resources that should be used in rational, efficient and economic way, in accordance with the provisions of the radio regulations, to allow fair national access , or groups of countries to these orbits and these frequencies, taking into account the special needs of developing countries and the geographical situation of certain countries.
Art. Harmful interference 199 PP-98 45 197 PP-98 1. All stations, whatever their purpose, must be established and operated so as not to cause harmful interference to communications or radio services of other Member States, recognized farms and other farms duly authorized to provide a radio service, and working in accordance with the provisions of the radio regulations.
198 PP-98 2. Each Member State undertakes to require farms recognized by him and other duly authorized operating for this purpose observation of the requirements of the number 197 above.
199 PP-98 3. In addition, Member States recognize the need to take practically possible measures to prevent the operation of devices and electric plants of all kinds does not cause harmful interference to communications or radio services referred to in number 197 above.
Art. 46 calls and distress messages 200 200 radio stations are forced to accept absolute priority calls and distress messages regardless of the origin, to respond similarly to these messages and give immediately thereafter that they require.
Art. 47 signals distress, urgency, safety or identification false or misleading 201 PP - 98 201 PP - 98 Member States undertake to take appropriate measures to suppress the transmission or circulation of distress, urgency, safety or identification signals, false or misleading and to work to locate and identify the stations under their jurisdiction which emit such signals.
Art. 48 facilities of national defence services 204 202 PP-98 1. Member States retain their freedom regarding military radio installations.
203 2. However, these facilities should, as much as possible, to observe regulatory provisions to lend distress relief and the measures to prevent harmful interference, as well as the requirements of the administrative regulations concerning emission types and frequencies to use, depending on the nature of the service they provide.
204 3. In addition, when these facilities are involved in public correspondence service or other services that are governed by the by-laws, they must comply with, in general, the regulatory requirements for these services.
Chapter VIII Relations with the United Nations, other international organizations and States non-members art. 49 relations with the Organization of the United Nations 205 205 the relationship between the United Nations and the International Telecommunication Union are defined in the agreement concluded between the two organizations.
Art. 50 relationships with other international organizations 206 PP - 02 206 PP-02 to help the realization of a full international coordination in the field of telecommunications, the Union should work with international organizations who have interests and related activities.
Art. 51 relations with non-Member States 207 PP - 98 207 PP - 98 all Member States reserve, for themselves and for the recognized farms, the faculty to determine the conditions in which they admit telecommunications exchanged with a State which is not a State member of the Union. If a telecommunication originating in such a State is accepted by a Member State, it must be submitted and, insofar as it borrows the ways of telecommunications of a Member State, mandatory provisions of this Constitution, the Convention and the by-laws as well as the normal taxes are applied to him.
Chapter IX provisions final art. 52 ratification, acceptance or approval 211 208 PP-98 1. The present Constitution and the Convention is ratified, accepted or approved simultaneously by any Member State signatory, according to its constitutional rules, in the form of a single instrument. This instrument is deposited in the shortest possible time, with the Secretary-General. The Secretary-General shall inform the Member States of the deposit of each instrument.
209 PP-98 2. (1) for a period of two years from the date of entry into force of this Constitution and of the Convention, any signatory Member State enjoys the rights conferred upon the Member States of the Union to numbers 25 to 28 of this Constitution, even if it has not filed a instrument of ratification, acceptance or approval to the terms of number 208 above.
210 PP-98 2) has the expiration of a period of two years from the date of entry into force of this Constitution and of the Convention, a State party that has not deposited an instrument of ratification, acceptance or approval to the terms number 208 above has more quality to vote in any conference of the Union, at any session of the Council to any meeting of the Board of the Union, or during any consultation by correspondence conducted in accordance with the provisions of this Constitution and of the Convention, and that as long as that instrument has not been filed. The rights of that Member State, other than the voting rights, are not affected.
211 3. After the entry into force of this Constitution and of the Convention in accordance with art. 58 of this Constitution, an instrument of ratification, acceptance or approval shall take effect on the date of deposit with the Secretary-General.
Art. Membership 214 212 53 PP-98 1. A Member State which has not signed this Constitution and the Convention or, subject to the provisions of art. 2 of this Constitution, any State referred to in that article, may at all times adhere to this Constitution and the Convention. This membership is at the same time in the form of a single instrument covering both the Constitution and the Convention.
213 PP-98 2. The instrument of accession is deposited with the Secretary-General in notifying Member States filing as soon as he receives it and shall forward a copy authenticated to each other.
214 3. After the entry into force of this Constitution and of the Convention in accordance with art. 58 of this Constitution, an instrument of accession takes effect on the date of deposit with the Secretary-General, unless otherwise provided by that instrument.
Art. 54 bylaws 223 PP-98 215 1. Such administrative regulations specified in art. 4 of this Constitution, shall conform to the provisions of this Constitution and of the Convention are binding international instruments
2. ratification, acceptance or approval of this Constitution and of the Convention or accession to these instruments, in accordance with the art. 52 and 53 of the Constitution, also implies a consent to be bound by the bylaws adopted by relevant global conferences prior to the date of signature of the present Constitution and the Convention. This consent is given any reservation made at the time of the signature of the said regulations or of any revision of the latter and insofar as it is held at the time of the deposit of the instrument of ratification, acceptance, approval or accession.
216A PP-98 2. Administrative regulations under the number 216 above remain in effect, subject to the revisions that may be adopted in accordance with the numbers 89 and 146 of this Constitution and put into force. Any revision of the by-laws, partial or total, between effective the date or dates which are mentioned only for Member States that have notified the Secretary-General, before this date or dates, their consent to be bound by such revision.
217 PP - 98 repealed 217A PP-98 3. The consent of a Member State to be bound by a partial or complete bylaws revision is expressed by the deposit with the Secretary-General, an instrument of ratification, acceptance or approval of the said revision or accession to it or by notification to the Secretary-General with the consent of the Member State to be bound by the revision.
217B PP-98 3. Any Member State may also notify the Secretary general that the ratification, acceptance, approval of amendments or adherence to amendments to this Constitution or to the Convention in accordance with art. 55 of the Constitution or 42 of the Convention, applies to him consent to be bound by any revision, partial or total, by-laws adopted by a competent conference before the signing of the amendments to the Constitution or the Convention.
217 PP-98 3. The notification referred to in number 217B above is done at the time by the Member State of its instrument of ratification, acceptance, approval of the amendments or amendments to this Constitution or the Convention membership.
217D PP-98 3. Any revision of the bylaws apply provisionally as of the date of entry into force of this revision in respect of any Member State which has signed this revision and has not notified the Secretary-General of its consent to be bound pursuant to the numbers 217 A and 217 B above. Such provisional application is not effective unless the Member State in question is not opposed at the signing of the revision.
218 PP-98 4. This provisional application continues for a Member State unless that Member State shall notify to the Secretary-General its decision on its consent to be bound by such revision.
219 to 221 PP - 98 repealed 221A PP-98 5. If a Member State notifies to the Secretary-General its decision on its consent to be bound in accordance with the number 218 above within a period of thirty-six months of the date or dates of entry into force of the revision, that Member State is considered as having consented to be bound by this revision.
221B PP-98 5. Any provisional application within the meaning of the number 217D or any consent to be bound within the meaning of the number 221 has means given any reservations that the Member State concerned may have made at the signing of the revision. Any consent to be bound within the meaning of the numbers 216A, 217, 217B and 218 above is given any reservations that the Member State concerned might have made when signing the bylaws or any revision that made, provided that this Member State to maintain the reserve when it notifies the Secretary-General its consent to be bound.
222 PP-98 repealed 223 PP-98 7. The Secretary-General shall promptly inform Member States of any notification received under this section.
Art. 55 provisions for amending the present Constitution 232 224 PP-98 PP-02 1. Any Member State may propose an amendment to this Constitution. In order to be transmitted to all Member States and be considered by them in due time, such a proposal must reach the Secretary-General no later than eight months before the date fixed for the Conference of plenipotentiaries. The Secretary-general publishes such a proposal as soon as possible and no later than six months before that date, to inform all the Member States.
225 PP-98 2. However, any proposal for amendment of an amendment in accordance with the number 224 above can be submitted at any time by a Member State or by its delegation to the Plenipotentiary Conference.
226 3. The quorum at any plenary meeting of the Conference of Plenipotentiaries for the review of any proposal to amend this Constitution or of any change of such a proposal is more than half of the delegations accredited to the Conference of plenipotentiaries.
227 4. To be adopted, any proposed amendment to an amendment, as well as the proposed amendment in its entirety, modified or not, must be approved at a plenary meeting, by at least two thirds of the delegations accredited to the Conference of Plenipotentiaries and having the right to vote.
228 PP-98 PP-02 5. The General rules of conferences, assemblies and meetings of the Union apply, unless the previous paragraphs of this article, prevailing, provide otherwise.
229 PP-98 6. All amendments to this Constitution adopted by a Conference of Plenipotentiaries come into force on a day to be fixed by the Conference, in their entirety and in the form of a single amendment instrument, between Member States, which will be tabled before this date their instrument of ratification, acceptance, approval or adherence to this Constitution and the instrument of amendment. Ratification, acceptance, approval or accession to some of this instrument of amendment is excluded.
230 PP-98 7. The Secretary-General shall notify all the Member States the deposit of each instrument of ratification, acceptance, approval or accession.
231 8. After the entry into force of any amendment, the ratification, acceptance, approval or accession in accordance with the art. 52 and 53 of the present Constitution applies to the amended Constitution.
232 9. After the entry into force of such an instrument of amendment, the Secretary-General registers it with the Secretariat of the United Nations, in accordance with the provisions of art. 102 of the Charter of the United Nations. Number 241 of the Constitution also applies to any instrument of amendment.
RS 0.120 art. Dispute resolution 235 PP-98 56 233 PP-98 1. Member States can resolve their differences on issues related to the interpretation or application of this Constitution, the Convention bylaws, through negotiation, through diplomatic channels, or following the procedures established by bilateral or multilateral treaties concluded between them to settle international disputes, or by any other method they may decide by mutual agreement.
234 PP-98 2. In case none of these regulations should be adopted, any Member State party to a dispute can have recourse to arbitration, in accordance with the procedure laid down in the Convention.
235 PP-98 3. The Optional Protocol concerning the compulsory settlement of disputes to this Constitution, the Convention and the by-laws is applicable between the Member States parties to this Protocol.
Art. 57 denunciation of the present Constitution and the Convention 237 236 PP - 98 1. Any Member State which has ratified, accepted or approved the present Constitution and the Convention or acceded is entitled to denounce them. In such cases, the present Constitution and the Convention are reported simultaneously in the form of a single instrument, by notification to the Secretary-General. Upon receipt of this notification, the Secretary-General shall notify the other Member States.
237 2. Such denunciation produces its effect on the expiry of a period of one year from the date on which the Secretary-General has received notification.
Art. 58 entry into force and related matters 242 238 PP-02 1. The present Constitution and the Convention, adopted by the Conference of Plenipotentiaries additional (Geneva, 1992), will come into force on July 1, 1994, between those Member States that have deposited their instrument of ratification, acceptance, approval or accession before that date.
239 2. The date of entry into force specified at number 238 above, this Constitution and the Convention repeal and replace, between the parties, the International Convention of telecommunications of Nairobi (1982).
240 3. In accordance with the provisions of art. 102 of the UN Charter, the Secretary general of the Union will record this Constitution and the Convention to the Secretariat of the United Nations.
241 PP-98 4. The original of this Constitution and of the Convention established in the English, Arabic, Chinese, Spanish, French and Russian languages will remain deposited in the archives of the Union. The Secretary general will send in the required languages, a certified copy to each of the signatory Member States.
242 5. In case of divergence between the texts of this Constitution and of the Convention in the different languages, the french text shall be authentic.
RS 0.120 annex Definition of some terms used in the present Constitution, in the Convention and in the bylaws of the international telecommunications Union 1001 for the purposes of the Union's instruments referred to above, the following terms have the meaning given by the definitions accompanying them.
1001A PP-98 Member State: State that is regarded as being a member of the international telecommunications Union in application of the provisions of art. 2 of this Constitution.
1001B PP-98 member of sector: entity or organisation accepted, in accordance with the provisions of art. 19 of the Convention, to participate in the activities of a sector.
1002 administration: Any service or Government Department responsible for the measures to take to perform the obligations of the Constitution of the International Telecommunication Union, of the Convention of the International Union of telecommunications and the by-laws.
1003 harmful interference: interference affecting the functioning of a radionavigation service or other safety services or which degrade seriously, interrupted repeatedly or prevents the functioning of a radio service used in accordance with the radio regulations.
1004 public correspondence: any telecommunication offices and stations, by the fact of their making available to the public, must accept for the purposes of transmission.
1005 PP-98 Delegation: all of the delegates and, possibly, representatives, advisors, officers or interpreters sent by a Member State.
Each Member State is free to compose its delegation at his convenience. In particular, it may include, among other things, as delegates, advisers or researchers, persons belonging to any entity or organisation approved in accordance with the relevant provisions of the Convention.
PP-98 1006, delegate: person sent by the Government of a Member State to a Conference of Plenipotentiaries, or person representing the Government or the administration of a Member State to another conference or a meeting of the Union.
1007 operation: Any individual, partnership, company or any government institution which operates a telecommunications facility intended to provide a telecommunication service international or likely to cause interference harmful to such a service.
1008 PP-98 recognized Exploitation: exploitation according to the definition above, which operates a public correspondence or broadcasting and which service obligations provided for in art. 6 of this Constitution imposed by the Member State on whose territory the headquarters of this operation is installed or by the Member State that has authorized this operation to establish and operate a service of telecommunications in its territory.
1009 radiocommunication: Telecommunication by radio waves.
1010 broadcasting service: radiocommunication Service whose emissions are intended to be received directly by the general public. This service may include sound transmissions, television programs or other types of show.
1011 international telecommunications service: provision of telecommunications between offices or stations television-communication of any kind, located in different countries or from different countries.
1012 telecommunication: Any transmission, emission or reception of signs, signals, writings, images, sounds or information of any nature, by wire, mediums, optical or other electromagnetic systems.
1013 telegram: Writing intended to be transmitted by telegraph with a view to its delivery to the addressee. The term also includes the radiotelegram, unless otherwise specified.
1014 State telecommunications: Telecommunications from: - head of State; - head of Government or member of a Government; - Commander in Chief of the military, ground, naval or air forces; - diplomatic or consular agents; - Secretary general of the Organization of the United Nations; Heads of the principal organs of the United Nations; - International Court of Justice, or responses to telecommunications of State mentioned above.
1015 private telegrams: cables other than the telegrams of State or service.
1016 telegraphy: A form of telecommunication in which the transmitted information is intended to be registered upon arrival in the form of a graphic document. This information can in some cases be presented in another form or stored for later use.
Note: A graphic document is an information support on which is recorded permanently written or printed text or an image, and who is likely to be ranked and consulted.
1017 phone: Form of telecommunication mainly for the exchange of information in the form of speech.
Status 10 March 2016 scope on 10 March 2016 States parties Ratification, accession (A) entry into South Africa, 18 June 2014 18 June 2014 Germany September 22, 2010 September 22, 2010-Saudi Arabia * August 5, 2009 August 5, 2009 Argentina * October 6, 2010 October 6, 2010 Australia April 17, 2008 17 April 2008 Austria * * may 7, 2010 may 7, 2010 Bahrain * may 7, 2009 may 7, 2009 Belarus * June 28, 2007 January 1, 2008 Bulgaria * 7 July 2008 July 7, 2008 Canada * * 12 August 2010 August 12, 2010 Cyprus * * 26 September 2012 26 September 2012 Vatican City * 22 July 2009 July 22, 2009 Congo (Kinshasa) 25 March 2009 was March 25, 2009 Korea (South) April 30, 2010 April 30, 2010 Cuba January 25, 2012 January 25, 2012 Denmark * * November 5, 2008 November 5, 2008 Ecuador * 27 September 2012 27 September 2012 Spain * 5 May 2009 5 May 2009 Estonia April 23, 2009 April 23, 2009
United States * January 16, 2009 16 January 2009 Finland * * December 14, 2010 December 14, 2010 France * * October 10, 2008 October 10, 2008 Granada October 11, 2010 October 11, 2010 Hungary * September 28, 2011 September 28, 2011 Indonesia may 18, 2010 may 18, 2010 Italy * 10 July 2012 10 July 2012 Japan June 24, 2008 24 June 2008 Kuwait * October 4, 2007 1 January 2008 Latvia * September 23, 2010 September 23, 2010 Lebanon * March 3, 2009 March 3, 2009 Liberia 8 October
2008 8 October 2008 Liechtenstein * * November 20, 2009 20 November 2009 Lithuania 27 September 2010 September 27, 2010 Malta * * August 4, 2009 August 4, 2009 Mexico * January 9, 2012 January 9, 2012 Moldova, on February 15, 2010 February 15, 2010 Monaco * 11 May 2011 11 May 2011 Montenegro * July 26, 2010 26 July 2010 Myanmar * March 25, 2009 March 25, 2009 New Zealand * * August 17, 2009 August 17, 2009 Oman July 3, 2009 3 July 2009 Uzbekistan January 9, 2012 9 January
2012 Netherlands * * 26 May 2010 26 May 2010 Aruba may 26, 2010 26 May 2010 Curaçao May 26, 2010 may 26, 2010 part Caribbean (Bonaire, Sint Eustatius and Saba) 26 May 2010 26 May 2010 Sint Maarten May 26, 2010 26 May 2010 Qatar October 4, 2007 1 January 2008 Czech Republic * * March 13, 2013 March 13, 2013 Romania * * July 17, 2008 17 July 2008 Russia July 6, 2010 July 6, 2010 Rwanda October 1, 2010 October 1, 2010 Saint Sailor * November 2, 2010 November 2, 2010 Serbia 1 September 2010 September 1, 2010 Sierra Leone 26 November 2010 A 26 November 2010 Slovakia March 11, 2008 March 11, 2008 Slovenia * 26 August 2009 August 26, 2009 South Sudan October 3, 2011 was October 3, 2011 Switzerland * may 13, 2008 may 13, 2008 Timor - Leste August 24, 2010 has 24 August 2010 Togo * July 9, 2014 Viet Nam 9 July 2014 * August 16, 2007 January 1, 2008 * Reserves and declarations.* * Objections.
Reservations, declarations and objections at the end of the additional Plenipotentiary Conference of the International Union of telecommunications are part of the final acts of the Conference. They are not published to the RO. Texts in french, in German and English can be obtained at the Direction of public international law (FDFA), the international treaties Section, 3003 Bern...
RO 2008 3327 RS 0.784.01. Amended by the Instrument of amendment on 22 oct. 2010, in force for Switzerland since August 29, 2012 (RS 0.784.013).
Note from the Secretariat: in accordance with Resolution 70 (Rev. (Marrakech, 2002) of the Plenipotentiary Conference, relating to the integration of the principle of equality between women and men at the ITU, the basic instruments of the Union (CSE & Conv) should be considered to be written in neutral language.
This publication complements those appearing at the RO 2008 3327, 2009 3927, 2010 2153 3533, 2012 4081, 2016 1023. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Status as of March 10, 2016