Some important points on Regulatory Issues discussed at the second meeting of the Subworking Group o

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Some important points on Regulatory Issues
discussed at the second meeting of the
Sub-working Group of RPG

• 1. Regulatory text for the new regional Agreement
• The Group reviewed Contributions proposing draft
  example regulatory texts for the new regional
  Agreement, .
• A new draft example regulatory text for Articles
  4 and 5 has been developed under the following
  assumptions
• a) Article 4 procedures are based on Option 3 of
  the Report of the WP RPG (i.e. administrations
  shall seek the agreement of other administrations
  either directly or, when this is not possible, by
  applying the procedure contained in this
  Article).
• Advantage(s) The new Article 4 will benefit
  from all positive elements and aspects of ST61
  and GE89 agreements.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• b) Identification of affected administrations
• Approach 1
• With regard to the protection of the
  broadcasting service, the identification by the
  BR of administrations affected either by a
  modification to the Plans or by a new or modified
  assignment to other primary terrestrial services
  is based on their territory (i.e. when the
  protection thresholds are exceeded at any point
  of the territory of this Administration) and not
  on their broadcasting assignments/allotments.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• Effect of the approach
• - This will preserve the right of
  administrations to whom the coordination
  requested has been addressed in allowing these
  administrations to further develop their
  broadcasting networks within their territory
  consequently, it is proposed that no time limit
  apply for the bringing into use of modifications
  to the Plans.
• - A coordination request could be rejected by an
  Administration even if it has no affected
  assignments or allotments in the Plan or under
  the procedure of Article 4.
• - Conservative criteria for the identification
  of affected administrations (e.g. by not taking
  into account any terrain profile) could have more
  impact in requiring unnecessary coordinations

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Some important points on Regulatory Issues
Sub-working Group of RPG

• Approach 2
• With regard to the protection of the
  broadcasting service, the identification by the
  BR of administrations affected either by a
  modification to the Plans or by a new or modified
  assignment to other primary terrestrial service
  is based on their assignments/allotments together
  with a time limit for the bringing into use of
  the new or modified assignments/allotments.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• Effect of the approach
• - Objection to a request for coordination will
  be based on technical sound reasons.
• - It may not preserve the right of all
  administrations to further develop their
  broadcasting networks within their territory.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• 3. The digital plan is self-compatible, i.e. all
  the allotments/assignments in the digital Plan
  are compatible with one another, either
  technically or by administrative declarations.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• Effect of this assumption
• - Incompatible digital requirements which will
  not be coordinated at the Conference will not be
  included in the Plan (or in a list attached to
  the Plan) and thus will not hamper forthcoming
  modifications of the Plan (it is understood that
  Article 4 may also apply for these incompatible
  digital requirements).
• - Limiting the digital Plan to compatible
  allotments/assignments would encourage
  administrations not to request excessive
  requirements at the Conference (equitable
  access).
• - Administrations may not be able to complete
  the coordination of incompatible digital
  requirements at the Conference.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• 4. Use of broadcasting assignments with
  characteristics within the envelope of an entry
  in the Plans (e.g. with a reduced effective
  radiated power, or a reduced effective antenna
  height, or with other changes which would not
  increase the level of interference to nor require
  more protection from services of other countries
  is dealt with in Article 5.
• 5. Proposing a time limit to complete the
  coordination procedure in order to avoid
  continuous/multiple modifications without any
  intention to complete coordination.
• 6. Protection of the Plans and its evolution from
  BSS and MSS will be ensured through appropriate
  regulatory provisions/procedures.
• 7. Use of assignments stemming from an allotment
  is dealt with in Article 5.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• 8. Article 5
• Approach 1
• To have a notification Article containing a
  cross reference to Article 11 of the RR and
  addressing the conversion of an allotment into
  one or several assignments. Under this approach,
  only successfully coordinated assignments or
  assignments within the envelope of a Plan entry
  are considered as in conformity with the
  Agreement and thus can be recorded in the MIFR
  with a favourable finding. Consequently, there
  may be a need for RRC-06 to resolve that the Rule
  of Procedure on No. 11.34 does not apply with
  respect to the GE06 Agreement.
• For the sake of minimizing the actions by WRC-07
  and to avoid a possible inconsistency until
  modifications of Article 11 may be adopted by
  WRC-07, it is proposed that Article 5 refer to
  Article 11 of the Radio Regulations.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• 8. Article 5 (contd)
• Approach 2
• To have a self contained Article addressing the
  conversion of an allotment into one or several
  assignments

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Some important points on Regulatory Issues
Sub-working Group of RPG

• 9. Digital allotments/assignments in the Plan
  that are incompatible with existing or planned
  analogue assignments and with existing or planned
  assignments to other primary terrestrial
  services, as determined by RRC-06, will bear a
  remark in the digital Plan indicating that
  coordination needs to be effected before the
  digital station is brought into use.
• 10. Only coordinated assignments/allotments with
  all concerned administrations can be brought into
  use however no agreement has been reached on
  this assumption.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• The draft example regulatory text doesnt
  reflect, at this stage, the views of all
  administrations. Other alternative example texts
  could be developed under different assumptions,
  e.g.
• - Use of broadcasting assignments with
  characteristics within the envelope of an entry
  in the Plans (e.g. with a reduced effective
  radiated power, or a reduced effective antenna
  height, or with other changes which would not
  increase the level of interference to nor require
  more protection from services of other countries)
  is dealt with in Article 4.
• - Use of assignments stemming from an allotment
  is dealt with in Article 4.
• Some administrations made a reservation on the
  principle of an implicit agreement in general,
  therefore they do not agree to a modification to
  the Plan if no response is given within a certain
  period of time, as proposed in 4.1.4.6 and
  4.3.4.6 of the draft example text for Article 4.

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Some important points on Regulatory Issues
Sub-working Group of RPG

• 11. Revision of the ST61 and GE89 Agreements
• SWG-1 reviewed Document 6 developed by the
  Bureau, in close cooperation with the Legal
  Affairs Unit of the ITU, which provides a
  possible version of the draft Final Acts of the
  Conference for the revision of the Stockholm 1961
  Agreement, limiting the revision to the minimum
  necessary, i.e. the abrogation of the relevant
  parts of ST61. A draft example text is proposed
  in Attachment 2 to this report.
• Similar approach will be used to develop the
  draft Final Acts of the Conference for the
  revision of the Geneva 1989 Agreement