* with amendments adopted by the
Plenipotentiary Conferences (Kyoto, 1994 and Minneapolis, 1998)
and entered into force since 1 January 2000
| 1 |
While fully recognizing the sovereign right of each State
to regulate its telecommunication and having regard to the
growing importance of telecommunication for the preservation
of peace and the economic and social development of all
States, the States Parties to this Constitution, as the basic
instrument of the International Telecommunication Union, and
to the Convention of the International Telecommunication
Union (hereinafter referred to as "the Convention") which
complements it, with the object of facilitating peaceful
relations, international cooperation among peoples and
economic and social development by means of efficient
telecommunication services, have agreed as follows: |
| Chapter I |
| BASIC PROVISIONS |
| Article 1 |
| Purposes of the Union |
| 2 |
1. The purposes of the Union are: |
| 3 |
a) to maintain and extend international cooperation among
all its Member States for the improvement and rational use of
telecommunications of all kinds; |
| 3a |
abis) to promote and enhance participation of entities
and organizations in the activities of the Union and foster
fruitful cooperation and partnership between them and Member
States for the fulfilment of the overall objectives as
embodied in the purposes of the Union; |
| 4 |
b) to promote and to offer technical assistance to
developing countries in the field of telecommunications, and
also to promote the mobilization of the material, human and
financial resources needed for its implementation, as well as
access to information; |
| 5 |
c) to promote the development of technical facilities and
their most efficient operation with a view to improving the
efficiency of telecommunication services, increasing their
usefulness and making them, so far as possible, generally
available to the public; |
| 6 |
d) to promote the extension of the benefits of the new
telecommunication technologies to all the world's
inhabitants; |
| 7 |
e) to promote the use of telecommunication services with
the objective of facilitating peaceful relations; |
| 8 |
f) to harmonize the actions of Member States and promote
fruitful and constructive cooperation and partnership between
Member States and Sector Members in the attainment of those
ends; |
| 9 |
g) to promote, at the international level, the adoption
of a broader approach to the issues of telecommunications in
the global information economy and society, by cooperating
with other world and regional intergovernmental organizations
and those non- governmental organizations concerned with
telecommunications. |
| 10 |
2. To this end, the Union shall in
particular: |
| 11 |
a) effect allocation of bands of the radio-frequency
spectrum, the allotment of radio frequencies and the
registration of radio-frequency assignments and. for space
services, of any associated orbital position in the
geostationary-satellite orbit or of any associated
characteristics of satellites in other orbits, in order to
avoid harmful interference between radio stations of
different countries; |
| 12 |
b) coordinate efforts to eliminate harmful interference
between radio stations of different countries and to improve
the use made of the radio-frequency spectrum for
radiocommunication services and of the
geostationary-satellite and other satellite orbits; |
| 13 |
c) facilitate the worldwide standardization of
telecommunications, with a satisfactory quality of
service; |
| 14 |
d) foster international cooperation and solidarity in the
delivery of technical assistance to the developing countries
and the creation, development and improvement of
telecommunication equipment and networks in developing
countries by every means at its disposal, including through
its participation in the relevant programmes of the United
Nations and the use of its own resources, as
appropriate; |
| 15 |
e) coordinate efforts to harmonize the development of
telecommunication facilities, notably those using space
techniques, with a view to full advantage being taken of
their possibilities; |
| 16 |
f) foster collaboration among Member States and Sector
Members with a view to the establishment of rates at levels
as low as possible consistent with an efficient service and
taking into account the necessity for maintaining independent
financial administration of telecommunications on a sound
basis; |
| 17 |
g) promote the adoption of measures for ensuring the
safety of life through the cooperation of telecommunication
services; |
| 18 |
h) undertake studies, make regulations, adopt
resolutions, formulate recommendations and opinions, and
collect and publish information concerning telecommunication
matters; |
| 19 |
i) promote, with international financial and development
organizations, the establishment of preferential and
favourable lines of credit to be used for the development of
social projects aimed, inter alia, at extending
telecommunication services to the most isolated areas in
countries; |
| 19a |
j) promote participation of concerned entities in the
activities of the Union and cooperation with regional and
other organizations for the fulfilment of the purposes of the
Union. |
| Article 2 |
| Composition of the Union |
| 20 |
The International Telecommunication Union is an
intergovernmental organization in which Member States and
Sector Members, having well-defined rights and obligations,
cooperate for the fulfilment of the purposes of the Union. It
shall, having regard to the principle of universality and the
desirability of universal participation in the Union, be
composed of: |
| 21 |
a) any State which is a Member State of the International
Telecommunication Union as a Party to any International
Telecommunication Convention prior to the entry into force of
this Constitution and the Convention; |
| 22 |
b) any other State, a Member of the United Nations, which
accedes to this Constitution and the Convention in accordance
with Article 53 of this Constitution; |
| 23 |
c) any other State, not a Member of the United Nations,
which applies for membership of the Union and which, after
having secured approval of such application by two-thirds of
the Member States of the Union, accedes to this Constitution
and the Convention in accordance with Article 53 of this
Constitution. If such application for membership is made
during the interval between two plenipotentiary conferences,
the Secretary-General shall consult the Member States of the
Union; a Member State shall be deemed to have abstained if it
has not replied within four months after its opinion has been
requested. |
| Article 3 |
| Rights and Obligations of Member
States |
| and Sector Members |
| 24 |
1. Member States and Sector Members shall have the
rights and shall be subject to the obligations provided for
in this Constitution and the Convention. |
| 25 |
2. Rights of Member States in respect of their
participation in the conferences, meetings and consultations
of the Union are: |
| 26 |
a) all Member States shall be entitled to participate in
conferences, shall be eligible for election to the Council
and shall have the right to nominate candidates for election
as officials of the Union or as members of the Radio
Regulations Board; |
| 27 |
b) subject to the provisions of Nos. 169 and 210 of this
Constitution, each Member State shall have one vote at all
plenipotentiary conferences, all world conferences and all
Sector assemblies and study group meetings and if it is a
Member State of the Council, all sessions of that Council. At
regional conferences, only the Member States of the region
concerned shall have the right to vote; |
| 28 |
c) subject to the provisions of Nos. 169 and 210 of this
Constitution, each Member State shall also have one vote in
all consultations carried out by correspondence. In the case
of consultations regarding regional conferences, only the
Member States of the region concerned shall have the right to
vote. |
| 28a |
3. In respect of their participation in activities
of the Union Sector Members shall be entitled to participate
fully in the activities of the Sector of which they are
members, subject to relevant provisions of this Constitution
and the Convention: |
| 28b |
a) they may provide chairmen and vice-chairmen of Sector
assemblies and meetings and world telecommunication
development conferences; |
| 28c |
b) they shall be entitled, subject to the relevant
provisions of the Convention and relevant decisions adopted
in this regard by the Plenipotentiary Conference, to take
part in the adoption of Questions and Recommendations and in
decisions relating to the working methods and procedures of
the Sector concerned. |
| Article 4 |
| Instruments of the Union |
| 29 |
1. The instruments of the Union are: |
|
- this Constitution of the International
Telecommunication Union, |
|
- the Convention of the International Telecommunication
Union, and |
|
- the Administrative Regulations. |
| 30 |
2. This Constitution, the provisions of which are
complemented by those of the Convention, is the basic
instrument of the Union. |
| 31 |
3. The provisions of both this Constitution and
the Convention are further complemented by those of the
Administrative Regulations, enumerated below, which regulate
the use of telecommunications and shall be binding on all
Member States: |
|
- International Telecommunication Regulations, |
|
- Radio Regulations. |
| 32 |
4. In the case of inconsistency between a
provision of this Constitution and a provision of the
Convention or of the Administrative Regulations, the
Constitution shall prevail. In the case of inconsistency
between a provision of the Convention and a provision of the
Administrative Regulations, the Convention shall
prevail. |
| Article 5 |
| Definitions |
| 33 |
Unless the context otherwise requires: |
| 34 |
a) the terms used in this Constitution and defined in its
Annex, which forms an integral part of this Constitution,
shall have the meanings assigned to them in that Annex; |
| 35 |
b) the terms - other than those defined in the Annex to
this Constitution - used in the Convention and defined in the
Annex thereto, which forms an integral part of the
Convention, shall have the meanings assigned to them in that
Annex; |
| 36 |
c) other terms defined in the Administrative Regulations
shall have the meanings therein assigned to them. |
| Article 6 |
| Execution of the Instruments of the
Union |
| 37 |
1. The Member States are bound to abide by the
provisions of this Constitution, the Convention and the
Administrative Regulations in all telecommunication offices
and stations established or operated by them which engage in
international services or which are capable of causing
harmful interference to radio services of other countries,
except in regard to services exempted from these obligations
in accordance with the provisions of Article 48 of this
Constitution. |
| 38 |
2. The Member States are also bound to take the
necessary steps to impose the observance of the provisions of
this Constitution, the Convention and the Administrative
Regulations upon operating agencies authorized by them to
establish and operate telecommunications and which engage in
international services or which operate stations capable of
causing harmful interference to the radio services of other
countries. |
| Article 7 |
| Structure of the Union |
| 39 |
The Union shall comprise: |
| 40 |
a) the Plenipotentiary Conference, which is the supreme
organ of the Union; |
| 41 |
b) the Council, which acts on behalf of the
Plenipotentiary Conference; |
| 42 |
c) world conferences on international
telecommunications; |
| 43 |
d) the Radiocommunication Sector, including world and
regional radiocommunication conferences, radiocommunication
assemblies and the Radio Regulations Board; |
| 44 |
e) the Telecommunication Standardization Sector,
including world telecommunication standardization
assemblies; |
| 45 |
f) the Telecommunication Development Sector, including
world and regional telecommunication development
conferences; |
| 46 |
g) the General Secretariat. |
| Article 8 |
| Plenipotentiary Conference |
| 47 |
1. The Plenipotentiary Conference shall be
composed of delegations representing Member States. It shall
be convened every four years. |
| 48 |
2. On the basis of proposals by Member States and
taking account of reports by the Council, the Plenipotentiary
Conference shall: |
| 49 |
a) |
determine the general policies for fulfilling the
purposes of the Union prescribed in Article 1 of this
Constitution; |
| 50 |
b) consider the reports by the Council on the activities
of the Union since the previous plenipotentiary conference
and on the policy and strategic planning of the Union; |
| 51 |
c) |
establish the basis for the budget of the Union and
determine, in the light of its decisions taken on the reports
referred to in No. 50 above, related financial limits until
the next plenipotentiary conference, after considering all
relevant aspects of the work of the Union in that
period; |
| 51a |
cbis) establish, using the procedures described in Nos.
161d to 161g of this Constitution, the total number of
contributory units for the period up to the next
plenipotentiary conference on the basis of the classes of
contribution announced by Member States; |
| 52 |
d) |
provide any general directives dealing with the staffing
of the Union and, if necessary, fix the basic salaries, the
salary scales and the system of allowances and pensions for
all the officials of the Union; |
| 53 |
e) examine the accounts of the Union and finally approve
them, if appropriate; |
| 54 |
f) elect the Member States which are to serve on the
Council: |
| 55 |
g) elect the Secretary-General, the Deputy
Secretary-General and the Directors of the Bureaux of the
Sectors as elected officials of the Union; |
| 56 |
h) elect the members of the Radio Regulations Board; |
| 57 |
i) consider and adopt, if appropriate, proposals for
amendments to this Constitution and the Convention, put
forward by Member States, in accordance with the provisions
of Article 55 of this Constitution and the relevant
provisions of the Convention, respectively; |
| 58 |
j) conclude or revise, if necessary, agreements between
the Union and other international organizations, examine any
provisional agreements with such organizations concluded by
the Council behalf of the Union, and take such measures in
connect on therewith as it deems appropriate; |
| 58a |
jbis) adopt and amend the Rules of Procedure of
conferences and other meetings of the Union; |
| 59 |
k) deal with such other telecommunication questions as
may be necessary. |
| 59a |
3. Exceptionally, in the interval between two
ordinary Plenipotentiary Conferences, it shall be possible to
convene an extraordinary Plenipotentiary Conference with a
restricted agenda to deal with specific matters: |
|
| 59b |
a) by a decision of the preceding ordinary
Plenipotentiary Conference; |
| 59c |
b) should two-thirds of the Member States individually so
request the Secretary-General; |
| 59d |
c) at the proposal of the Council with the approval of at
least two-thirds of the Member States. |
| Article 9 |
| Principles Concerning Elections |
| and Related Matters |
| 60 |
1. The Plenipotentiary Conference, at any
elections referred to in Nos. 54 to 56 of this Constitution,
shall ensure that: |
| 61 |
a) the Members of the Council are elected with due regard
to the need for equitable distribution of the seats on the
Council among all regions of the world; |
| 62 |
b) the Secretary-General, the Deputy Secretary-General,
the Directors of the Bureaux and the members of the Radio
Regulations Board shall be elected among the candidates
proposed by Member States as their nationals and shall all be
nationals of different Member States, and at their election
due consideration should be given to equitable geographical
distribution amongst the regions of the world; as far as the
elected officials are concerned, due consideration should
also be given to the principles embodied in No. 154 of this
Constitution; |
| 63 |
c) the members of the Radio Regulations Board shall be
elected in their individual capacity; each Member State may
propose only one candidate. |
| 64 |
2. The procedures for these elections shall be
established by the Plenipotentiary Conference. Provisions
relating to taking up duties, vacancy and re-eligibility are
contained in the Convention. |
| Article 10 |
| The Council |
| 65 |
1. (1) The Council shall be composed of Member
States elected by the Plenipotentiary Conference in
accordance with the provisions of No. 61 of this
Constitution. |
| 66 |
(2) Each Member of the Council shall appoint a person to
serve on the Council who may be assisted by one or more
advisers. |
| 67 |
2. The Council shall adopt its own Rules of
Procedure. |
| 68 |
3. In the interval between Plenipotentiary
Conferences, the Council shall act, as governing body of the
Union, on behalf of the Plenipotentiary Conference within the
limits of the powers delegated to it by the latter. |
| 69 |
4. (1) The Council shall take all steps to
facilitate the implementation by the Member States of the
provisions of this Constitution, of the Convention, of the
Administrative Regulations, of the decisions of the
Plenipotentiary Conference, and, where appropriate, of the
decisions of other conferences and meetings of the Union, and
perform any duties assigned to it by the Plenipotentiary
Conference. |
| 70 |
(2) It shall consider broad telecommunication policy
issues in keeping with the guidelines given by the
Plenipotentiary Conference in order to ensure that the
Union's policies and strategy fully respond to the constantly
changing telecommunication environment, and shall prepare a
report on the podgy and strategic planning recommended for
the Union, together with their financial implications. It
shall use to this effect the material prepared by the
Secretary General under No. 74a below. |
| 71 |
(3) It shall ensure the efficient coordination of the
work of the Union and exercise effective financial control
over the General Secretariat and the three Sectors. |
| 72 |
(4) It shall contribute, in accordance with the purposes
of the Union, to the development of telecommunications in the
developing countries by every means at its disposal,
including through the participation of the Union in the
appropriate programmes of the United Nations. |
| Article 11 |
| General Secretariat |
| 73 |
1. (1) The General Secretariat shall be directed
by a Secretary-General, assisted by one Deputy
Secretary-General. |
| 73a |
(2) The functions of the Secretary-General are specified
in the Convention. In addition, the Secretary-General
shall: |
| 74 |
a) coordinate the Union's activities, with the assistance
of the Coordination Committee; |
| 74a |
b) prepare, with the assistance of the Coordination
Committee, material required for the preparation of a report
on the policies and strategic plan for the Union, and
coordinate the implementation of the plan; |
| 75 |
c) take all the actions required to ensue economic use of
the Union's resources and be responsible to the Council for
all the administrative and financial aspects of the Union's
activities; |
| 76 |
d) act as the legal representative of the Union. |
| 76a |
(3) The Secretary-General may act as depository of
special arrangements established in conformity with Article
42 of this Constitution. |
| 77 |
2. The Deputy Secretary-General shall be
responsible to the Secretary-General; he shall assist the
Secretary-General in the performance of his duties and
undertake such specific tasks as may be entrusted to him by
the Secretary-General. He shall perform the duties of the
Secretary-General in the absence of the latter. |
| Chapter II |
| RADIOCOMMUNICATION SECTOR |
| Article 12 |
| Functions and Structure |
| 78 |
1. (1) The functions of the Radiocommunication
Sector shall be, bearing in mind the particular concerns of
developing countries, to fulfil the purposes of the Union, as
stated in Article I of this Constitution, relating to
radiocommunication: |
|
- by ensuring the rational, equitable, efficient and
economical use of the radio-frequency spectrum by all
radiocommunication services, including those using the
geostationary-satellite or other satellite orbits, subject to
the provisions of Article 44 of this Constitution, and |
|
- by carrying out studies without limit of frequency
range and adopting recommendations on radiocommunication
matters. |
| 79 |
(2) The precise responsibilities of the
Radiocommunication Sector and the Telecommunication
Standardization Sector shall be subject to continuing review,
in close cooperation, with regard to matters of common
interest to both Sectors, in accordance with the relevant
provisions of the Convention. Close coordination shall be
carried out between the Radiocommunication, Telecommunication
Standardization and Telecommunication Development
Sectors. |
| 80 |
2. The Radiocommunication Sector shall work
through: |
| 81 |
a) world and regional radiocommunication
conferences; |
| 82 |
b) the Radio Regulations Board; |
| 83 |
c) radiocommunication assemblies; |
| 84 |
d) radiocommunication study groups; |
| 84a |
dbis) the radiocommunication advisory group; |
| 85 |
e) the Radiocommunication Bureau, headed by the elected
Director. |
| 86 |
3. The Radiocommunication Sector shall have as
members: |
| 87 |
a) of right, the administrations of all Member
States; |
| 88 |
b) any entity or organization which becomes a Sector
Member in accordance with the relevant provisions of the
Convention. |
| Article 13 |
| Radiocommunication Conferences |
| and Radiocommunication Assemblies |
| 89 |
1. A world radiocommunication conference may
partially or, in exceptional cases, completely, revise the
Radio Regulations and may with any question of a worldwide
character within its competence and related to its agenda;
its other duties are specified in the Convention. |
| 90 |
2. World radiocommunication conferences shall
normally be convened every two to three years; however,
following the application of the relevant provisions of the
Convention, such a conference need not be convened or an
additional one may be convened. |
| 91 |
3. Radiocommunication assemblies shall also
normally be convened every two to three years, and may be
associated in place and time with world radiocommunication
conferences so as to improve the efficiency and effectiveness
of the Radiocommunication Sector. Radiocommunication
assemblies shall provide the necessary technical bases for
the work of the world radiocommunication conferences and
respond to all requests from world radiocommunication
conferences. The duties of the radiocommunication assemblies
are specified in the Convention. |
| 92 |
4. The decisions of a world radiocommunication
conference, of a radiocommunication assembly and of a
regional radiocommunication conference shall in all
circumstances be in conformity with this Constitution and the
Convention. The decisions of a radiocommunication assembly or
of a regional radiocommunication conference shall also in all
circumstances be in conformity with the Radio Regulations.
When adopting resolutions and decisions, the conferences
shall take into account the foreseeable financial
implications and should avoid adopting resolutions and
decisions which might give rise to expenditure in excess of
the financial limits laid down by the Plenipotentiary
Conference. |
| Article 14 |
| Radio Regulations Board |
| 93 |
1. The Radio Regulations Board shall consist of
elected members thoroughly qualified in the field of
radiocommunications and possessing practical experience in
the assignment and utilization of frequencies. Each member
shall be familiar with the geographic, economic and
demographic conditions within a particular area of the world.
They shall perform their duties for the Union independently
and on a part-time basis. |
| 93a |
1bis. The Radio Regulations Board is composed of
not more than either 12 members, or of a number corresponding
to 6% of the total number of Member States, whichever is the
greater. |
| 94 |
2. The duties of the Radio Regulations Board shall
consist of: |
| 95 |
a) the approval of Rules of Procedure, which include
technical criteria, in accordance with the Radio Regulations
and with any decision which may be taken by competent
radiocommunication conferences. These Rules of Procedure
shall be used by the Director and the Bureau in the
application of the Radio Regulations to register frequency
assignments made by Member States. These Rules shall be open
to comment by administrations and, in case of continuing
disagreement, the matter shall be submitted to a forthcoming
world radiocommunication conference; |
| 96 |
b) the consideration of any other matter that cannot be
resolved through the application of the above Rules of
Procedure; |
| 97 |
c) the performance of any additional duties, concerned
with the assignment and utilization of frequencies, as
indicated in No. 78 of this Constitution, in accordance with
the procedures provided for in the Radio Regulations, and as
prescribed by a competent conference or by the Council with
the consent of a majority of the Member States, in
preparation for, or in pursuance of the decisions of, such a
conference. |
| 98 |
3. (1) In the exercise of their Board duties, the
members of the Radio Regulations Board shall serve, not as
representing their respective Member States nor a region, but
as custodians of an international public trust. In
particular, each member of the Board shall refrain from
intervening in decisions directly concerning the member's own
administration. |
| 99 |
(2) No member of the Board shall request or receive
instructions relating to the exercise of his duties for the
Union from any government or a member thereof, or from any
public or private organization or person. Members of the
Board shall refrain from taking any action or from
participating in any decision which may be incompatible with
their status defined in No. 98 above. |
| 100 |
(3) Member States and Sector Members shall respect the
exclusively international character of the duties of the
members of the board and refrain from attempting to influence
them in the performance of their Board duties. |
| 101 |
4. The working arrangements of the Radio
Regulations Board are defined in the Convention. |
| Article 15 |
| Radiocommunication Study Groups |
| and Advisory Group |
| 102 |
The respective duties of the radiocommunication study
groups and advisory group are specified in the
Convention. |
| Article 16 |
| Radiocommunication Bureau |
| 103 |
The functions of the Director of the Radiocommunication
Bureau are specified in the Convention. |
| Chapter III |
| TELECOMMUNICATION |
| STANDARDIZATION SECTOR |
| Article 17 |
| Functions and Structure |
| 104 |
1. (1) The functions of the Telecommunication
Standardization Sector shall be, bearing in mind the
particular concerns of the developing countries, to fulfil
the purposes of the Union relating to telecommunication
standardization, as stated in Article 1 of this Constitution,
by studying technical, operating and tariff questions and
adopting recommendations on them with a view to standardizing
telecommunications on a worldwide basis. |
| 105 |
(2) The precise responsibilities of the Telecommunication
Standardization and Radiocommunication Sectors shall be
subject to continuing review, in close cooperation, with
regard to matters of common interest to both Sectors, in
accordance with the relevant provisions of the Convention.
Close coordination shall be carried out between the
Radiocommunication, Telecommunication Standardization and
Telecommunication Development Sectors. |
| 106 |
2. The Telecommunication Standardization Sector
shall work through: |
| 107 |
a) world telecommunication standardization
assemblies; |
| 108 |
b) telecommunication standardization study groups; |
| 108a |
bbis) the telecommunication standardization advisory
group; |
| 109 |
c) the Telecommunication Standardization Bureau headed by
the elected Director. |
| 110 |
3. The Telecommunication Standardization Sector
shall have as members: |
| 111 |
a) of right, the administrations of all Member
States; |
| 112 |
b) any entity or organization which becomes a Sector
Member in accordance with the relevant provisions of the
Convention. |
| Article 18 |
| World Telecommunication |
| Standardization Assemblies |
| 113 |
1. The duties of world telecommunication
standardization assemblies are specified in the
Convention. |
| 114 |
2. World telecommunication standardization
assemblies shall be convened every four years; however, an
additional assembly may be held in accordance with the
relevant provisions of the Convention. |
| 115 |
3. Decisions of world telecommunication
standardization assemblies must in all circumstances be in
conformity with this Constitution, the Convention and the
Administrative Regulations. When adopting resolutions and
decisions, the assemblies shall take into account the
foreseeable financial implications and should avoid adopting
resolutions and decisions which might give rise to
expenditure in excess of the financial limits laid down by
the Plenipotentiary Conference. |
| Article 19 |
| Telecommunication Standardization |
| Study Groups and Advisory Group |
| 116 |
The respective duties of the telecommunication
standardization study groups and advisory group are specified
in the Convention. |
| Article 20 |
| Telecommunication Standardization
Bureau |
| 117 |
The functions of the Director of the Telecommunication
Standardization Bureau are specified in the Convention. |
| Chapter IV |
| TELECOMMUNICATION |
| DEVELOPMENT SECTOR |
| Article 21 |
| Functions and Structure |
| 118 |
1. (1) The functions of the Telecommunication
Development Sector shall be to fulfil the purposes of the
Union as stated in Article 1 of this Constitution and to
discharge, within its specific sphere of competence, the
Union's dual responsibility as a United Nations specialized
agency and executing agency for implementing projects under
the United Nations development system or other funding
arrangements so as to facilitate and enhance
telecommunications development by offering, organizing and
coordinating technical cooperation and assistance
activities. |
| 119 |
(2) The activities of the Radiocommunication,
Telecommunication Standardization and Telecommunication
Development Sectors shall be the subject of close cooperation
with regard to matters relating to development, in accordance
with the relevant provisions of this Constitution. |
| 120 |
2. Within the foregoing framework, the specific
functions of the Telecommunication Development Sector shall
be to: |
| 121 |
a) raise the level of awareness of decision-makers
concerning the important role of telecommunications in the
national economic and social development programme, and
provide information and advice on possible policy and
structural options; |
| 122 |
b) promote, especially by means of partnership, the
development, expansion and operation of telecommunication
networks and services, particularly in developing countries,
taking into account the activities of other relevant bodies,
by reinforcing capabilities for human resources development,
planning, management, resource mobilization, and research and
development; |
| 123 |
c) enhance the growth of telecommunications through
cooperation with regional telecommunications organizations
and with global and regional development financing
institutions, monitoring the status of projects included in
its development programme to ensure that they, are properly
executed; |
| 124 |
d) activate the mobilization of resources to provide
assistance in the field of telecommunications to developing
countries by promoting the establishment of preferential and
favourable lines of credit, and cooperating with
international and regional financial and development
institutions; |
| 125 |
e) promote and coordinate programmes to accelerate the
transfer of appropriate technologies to the developing
countries in the light of changes and developments in the
networks of the developed countries; |
| 126 |
f) encourage participation by industry in
tele-communication development in developing countries, and
offer advice on the choice and transfer of appropriate
technology; |
| 127 |
g) offer advice, carry out or sponsor studies, as
necessary, on technical, economic, financial, managerial,
regulatory and policy issues, including studies of specific
projects in the field of telecommunications; |
| 128 |
h) collaborate with the other Sectors, the General
Secretariat and other concerned bodies in developing a
general plan for international and regional telecommunication
networks so as to facilitate the coordination of their
development with a view to the provision of telecommunication
services; |
| 129 |
i) in carrying out the above functions, give special
attention to the requirements of the least developed
countries. |
| 130 |
3. The Telecommunication Development Sector shall
work through: |
| 131 |
a) world and regional telecommunication development
conferences; |
| 132 |
b) telecommunication development study groups; |
| 132a |
bbis) the telecommunication development advisory
group; |
| 133 |
c) the Telecommunication Development Bureau headed by the
elected Director. |
| 134 |
4. The Telecommunication Development Sector shall
have as members: |
| 135 |
a) of right, the administrations of all Member
States; |
| 136 |
b) any entity or organization which becomes a Sector
Member in accordance with the relevant provisions of the
Convention. |
| Article 22 |
| Telecommunication |
| Development Conferences |
| 137 |
1. Telecommunication development conferences shall
be a forum for the discussion and consideration of topics,
projects and programmes relevant to telecommunication
development and for the provision of direction and guidance
to the Telecommunication Development Bureau. |
| 138 |
2. Telecommunication development conferences shall
comprise: |
| 139 |
a) world telecommunication development conferences; |
| 140 |
b) regional telecommunication development
conferences. |
| 141 |
3. There shall be, between two Plenipotentiary
Conferences, one world telecommunication development
conference and, subject to resources and priorities, regional
telecommunication development conferences. |
| 142 |
4. Telecommunication development conferences shall
not produce Final Acts. Their conclusions shall take the form
of resolutions, decisions, recommendations or reports. These
conclusions must in all circumstances be in conformity with
this Constitution, the Convention and the Administrative
Regulations. When adopting resolutions and decisions, the
conferences shall take into account the foreseeable financial
implications and should avoid adopting resolutions and
decisions which might give rise to expenditure in excess of
the financial limits laid down by the Plenipotentiary
Conference. |
| 143 |
5. The duties of telecommunication development
conferences are specified in the Convention. |
| Article 23 |
| Telecommunication Development |
| Study Groups and Advisory Group |
| 144 |
The respective duties of telecommunication development
study groups and advisory group are specified in the
Convention. |
| Article 24 |
| Telecommunication Development Bureau |
| 145 |
The functions of the Director of the Telecommunication
Development Bureau are specified in the Convention. |
| Chapter V |
| OTHER PROVISIONS CONCERNING |
| THE FUNCTIONING OF THE UNION |
| Article 25 |
| World Conferences |
| on International Telecommunications |
| 146 |
1. A world conference on international
telecommunications may partially, or in exceptional cases,
completely revise the International Telecommunication
Regulations and may deal with any question of a worldwide
character within its competence and related to its
agenda. |
| 147 |
2. Decisions of world conferences on international
telecommunications shall in all circumstances be in
conformity with this Constitution and the Convention. When
adopting resolutions and decisions, the conferences shall
take into account the foreseeable financial implications and
should avoid adopting resolutions and decisions which might
give rise to expenditure in excess of the financial limits
laid down by the Plenipotentiary Conference. |
| Article 26 |
| Coordination Committee |
| 148 |
1. The Coordination Committee shall consist of the
Secretary-General, the Deputy Secretary-General and the
Directors of the three Bureaux. It shall be presided over by
the Secretary-General, and in his absence by the Deputy
Secretary-General. |
| 149 |
2. The Coordination Committee shall act as an
internal management team which advises and gives the
Secretary-General practical assistance on all administrative,
financial, information system and technical cooperation
matters which do not fall under the exclusive competence of a
particular Sector or of the General Secretariat and on
external relations and public information. In its
considerations, the Committee shall keep fully in view the
provisions of this Constitution, the Convention, the
decisions of the Council and the interests of the Union as a
whole. |
| Article 27 |
| Elected Officials and Staff of the
Union |
| 150 |
1. (1) In the performance of their duties, neither
the elected officials nor the staff of the Union shall seek
or accept instructions from any government or from any other
authority outside the Union. They shall refrain from acting
in any way which is incompatible with their status as
international officials. |
| 151 |
(2) Member States and Sector Members shall respect the
exclusively international character of the duties of these
elected officials and of the staff of the Union, and refrain
from trying to influence them in the performance of their
work. |
| 152 |
(3) No elected official or any member of the staff of the
Union shall participate in any manner or have any financial
interest whatsoever in any enterprise concerned with
telecommunications, except as part of their duties. However,
the term "financial interest" is not to be construed as
applying to the continuation of retirement benefits accruing
in respect of previous employment or service. |
| 153 |
(4) In order to ensure the efficient operation of the
Union, any Member State a national of which has been elected
Secretary-General. Deputy Secretary General or Director of a
Bureau shall refrain, as far as possible, from recalling that
national between two plenipotentiary conferences. |
| 154 |
2. The paramount consideration in the recruitment
of staff in the determination of the conditions of service
shall be the necessity of securing for the Union the highest
standards of efficiency, competence and integrity. Due regard
shall be paid to the importance of recruiting the staff on as
wide a geographical basis as possible. |
| Article 28 |
| Finances of the Union |
| 155 |
1. The expenses of the Union shall comprise the
costs of: |
| 156 |
a) the Council; |
| 157 |
b) the General Secretariat and the Sectors of the
Union; |
| 158 |
c) Plenipotentiary Conferences and world conferences on
international telecommunications; |
| 159 |
2. The expenses of the Union shall be met
from: |
| 159a |
a) the contributions of its Member States and Sector
Members: |
| 159b |
b) other revenues as identified in the Convention or in
the Financial Regulations. |
| 159c |
2bis. Each Member State and Sector Member shall
pay a sum equivalent to the number of units in the class of
contribution it has chosen in accordance with Nos. 160 to
161i below. |
| 159d |
2ter. Expenses incurred by the regional
conferences referred to in No. 43 of this Constitution shall
be borne, in accordance with their class of contribution, by
all the Member States of the region concerned and, where
appropriate, on the same basis by any Member States of other
regions which have participated in such conferences. |
| 160 |
3. (1) Member States and Sector Members shall be
free to choose their class of contribution for defraying
Union expenses. |
| 161 |
(2) The choice by Member States shall be made at a
plenipotentiary conference in accordance with the scale of
classes of contribution and conditions contained in the
Convention and with the procedures described below. |
| 161a |
(3) The choice by Sector Members shall be made in
accordance with the scale of classes of contribution and
conditions contained in the Convention and with the
procedures described below. |
| 161b |
3bis. (1) At its session preceding the
plenipotentiary conference, the Council shall fix the
provisional amount of the contributory unit, on the basis of
the draft financial plan for the corresponding period and
total number of contributory units. |
| 161c |
(2) The Secretary-General shall inform the Member States
and Sector Members of the provisional amount of the
contributory unit as determined under No. 16lb above and
invite the Member States to notify, no later than one week
prior to the date set for the opening of the plenipotentiary
conference, the class of contribution they have provisionally
chosen. |
| 161d |
(3) The plenipotentiary conference shall, during its
first week, determine the provisional upper limit of the
amount of the contributory unit resulting from the steps
taken by the Secretary-General in pursuance of Nos. 161b and
161c above, and taking account of any changes in class of
contribution notified by Member States to the
Secretary-General as well as classes of contribution
remaining unchanged. |
| 161e |
(4) Bearing in mind the draft financial plan as revised,
the plenipotentiary conference shall determine the definitive
upper limit of the amount of the contributory unit. The
Secretary-General shall then invite the Member States to
announce, before the end of the penultimate week of the
plenipotentiary conference, their definitive choice of class
of contribution. |
| 161f |
(5) Member States which have failed to notify the
Secretary-General of their decision by the date set by the
plenipotentiary conference shall retain the class of
contribution previously chosen. |
| 161g |
(6) The plenipotentiary conference shall then approve the
definitive financial plan on the basis of the total number of
contributory units corresponding to the definitive classes of
contribution chosen by the Member States and classes of
contribution of the Sector Members at the date on which the
financial plan is approved. |
| 161h |
3ter. (1) The Secretary-General shall inform the
Sector Members of the definitive upper limit of the amount of
the contributory unit and invite them to notify within three
months from the closing date of the plenipotentiary
conference, the class of contribution they have chosen. |
| 161i |
(2) Sector Members which have failed to notify the
Secretary-General of their decision within this three month
period shall retain the class of contribution previously
chosen. |
| 162 |
(3) Amendments to the scale of classes of contribution
adopted by a plenipotentiary conference shall apply for the
selection of the class of contribution during the following
plenipotentiary conference. |
| 163 |
(4) The class of contribution chosen by a Member State or
a Sector Member is applicable as of the first biennial budget
after a plenipotentiary conference. |
| 164 |
deleted. |
| 165 |
5. When choosing its class of contribution, a
Member State shall not reduce it by more than two classes of
contribution and the Council shall indicate to it the manner
in which the reduction shall be gradually implemented over
the period between plenipotentiary conferences. However,
under exceptional circumstances such as natural disasters
necessitating international aid programmes, the
Plenipotentiary Conference may authorize a greater reduction
in the number of contributory units when so requested by a
Member State which has established that it can no longer
maintain its contribution at the class originally
chosen. |
| 165a |
5bis. Under exceptional circumstances such as
natural disasters necessitating, international aid
programmes, the Council may authorize a reduction in the
number of contributory units when so requested by a Member
State which has established that it can no longer maintain
its contribution at the class originally chosen. |
| 165b |
5ter. Member States and Sector Members may at any
time choose a class of contribution higher than the one
already adopted by them. |
| 166 and |
| 167 |
deleted. |
| 168 |
8. |
Member States and Sector Members shall pay in advance
their annual contributory shares, calculated on the basis of
the biennial budget approved by the Council as well as of any
adjustment adopted by the Council. |
| 169 |
9. A Member State which is in arrears in its
payments to the Union shall lose its right to vote as defined
in Nos. 27 and 28 of this Constitution for so long as the
amount of its arrears equals or exceeds the amount of the
contribution due for the two preceding years. |
| 170 |
10. Specific provisions governing the financial
contributions by Sector Members and by other international
organizations are contained in the Convention. |
| Article 29 |
| Languages |
| 171 |
1. (1) The official and working languages of the
Union shall be Arabic, Chinese, English, French, Russian and
Spanish. |
| 172 |
(2) In accordance with the relevant decisions of the
Plenipotentiary Conference, these languages shall be used for
drawing up and publishing documents and texts of the Union,
in version equivalent in form and content, as well as for
reciprocal interpretation during conferences and meetings of
the Union. |
| 173 |
(3) In case of discrepancy or dispute, the French text
shall prevail. |
| 174 |
2. When all participants in a conference or in a
meeting so agree, discussions may be conducted in fewer
languages than those mentioned above. |
| Article 30 |
| Seat of the Union |
| 175 |
The seat of the Union shall be at Geneva. |
| Article 31 |
| Legal Capacity of the Union |
| 176 |
The Union shall enjoy in the territory of each of its
Member States such legal capacity as may be necessary for the
exercise of its functions and the fulfilment of its
purposes. |
| Article 32 |
| Rules of Procedure of Conferences |
| and Other Meetings |
| 177 |
1. For the organization of their work and the
conduct of their discussions, conferences and other meetings
of the Union shall apply the Rules of Prosecute of
conferences and other meetings of the Union adopted by the
Plenipotentiary Conference. |
| 178 |
2. Conferences, assemblies and the Council may
adopt such rules as they consider to be essential in addition
to those in the Rules of Procedure. Such additional rules
must, however, be compatible with this Constitution, the
Convention and the Rules of Procedure referred to in No. 177
above; those adopted by conferences or assemblies shall be
published as documents of the conference or assembly
concerned. |
| Chapter VI |
| GENERAL PROVISIONS RELATING |
| TO TELECOMMUNICATIONS |
| Article 33 |
| The Right of the Public to Use |
| the International Telecommunication
Service |
| 179 |
Member States recognize the right of the public to
correspond by means of the international service of public
correspondence. The services, the charges and the safeguards
shall be the same for all users in each category of
correspondence without any priority or preference. |
| Article 34 |
| Stoppage of Telecommunications |
| 180 |
1. Member States reserve the right to stop, in
accordance with their national law, the transmission of any
private telegram which may appear dangerous to the security
of the State or contrary to its laws, to public order or to
decency, provided that they immediately notify the office of
origin of the stoppage of any such telegram or any part
thereof, except when such notification may appear dangerous
to the security of the State. |
| 181 |
2. |
Member States also reserve the right to cut off, in
accordance with their national law, any other private
telecommunications which may appear dangerous to the security
of the State or contrary to its laws, to public order or to
decency. |
| Article 35 |
| Suspension of Services |
| 182 |
Each Member State reserves the right to suspend the
international telecommunication service, either generally or
only for certain relations and/or for certain kinds of
correspondence, outgoing, incoming or in transit, provided
that it immediately notifies such action to each of the other
Member States through the Secretary-General. |
| Article 36 |
| Responsibility |
| 183 |
Member States accept no responsibility towards users of
the intentional telecommunication services, particularly as
regards claims for damages. |
| Article 37 |
| Secrecy of Telecommunications |
| 184 |
1. Member States agree to take all possible
measures, compatible with the system of telecommunication
used, with a view to ensuring the secrecy of international
correspondence. |
| 185 |
2. Nevertheless, they reserve the right to
communicate such correspondence to the competent authorities
in order to ensure the application of their national laws or
the execution of international conventions to which they are
parties. |
| Article 38 |
| Establishment, Operation |
| and Protection of Telecommunication |
| Channels and Installations |
| 186 |
1. Member States shall take such steps as may be
necessary to ensure the establishment, under the best
technical conditions, of the channels and installations
necessary to carry on the rapid and uninterrupted exchange of
international telecommunications. |
| 187 |
2. So far as possible, these channels and
installations must be operated by the methods and procedures
which practical operating experience has shown to be the
best. They must be maintained in proper operating condition
and kept abreast of scientific and technical progress. |
| 188 |
3. Member States shall safeguard these channels
and installations within their jurisdiction. |
| 189 |
4. Unless other conditions are laid down by
special arrangements, each Member State shall take such steps
as may be necessary to ensure maintenance of those sections
of international telecommunication circuits within its
control. |
| 189a |
5. Member States recognize the necessity of taking
practical measures to prevent the operation of electrical
apparatus and installations of all kinds from disrupting the
operation of telecommunication installations within the
jurisdiction of other Member States. |
| Article 39 |
| Notification of Infringements |
| 190 |
In order to facilitate the application of the provisions
of Article 6 of the Constitution Member States undertake to
inform and as appropriate assist one another with regard to
infringements of the provisions of this Constitution of the
Convention and of the Administrative Regulations. |
| Article 40 |
| Priority of Telecommunications |
| Concerning Safety of Life |
| 191 |
International telecommunication services must give
absolute priority to all telecommunications concerning safety
of life at sea, on land, in the air or in outer space, as
well as to epidemiological telecommunications of exceptional
urgency of the World Health Organization. |
| Article 41 |
| Priority of Government
Telecommunications |
| 192 |
Subject to the provisions of Articles 40 and 46 of this
Constitution, government telecommunications (see Annex to
this Constitution, No. 1014) shall enjoy priority over other
telecommunications to the extent practicable upon specific
request by the originator. |
| Article 42 |
| Special Arrangements |
| 193 |
Member States reserve for themselves, for the operating
agencies recognized by them and for other agencies duly
authorized to do so, the right to make special arrangements
on telecommunication matters which do not concern Is1cmber
States in general. Such arrangements, however, shall not be
in confirm with the terms of this Constitution, of the
Convention or of the Administrative Regulations, so far as
concerns the harmful interference which their operation might
cause to the radio services of other Member States, and in
general so far as concerns the technical harm which their
operation might cause to the operation of other
telecommunication services of other Member States. |
| Article 43 |
| Regional Conferences, Arrangements |
| and Organizations |
| 194 |
Member States reserve the right to convene regional
conferences to make regional arrangements and to form
regional organizations, fur the purpose of settling
telecommunication questions which are susceptible of being
treated on a regional basis. Such arrangements shall not be
in conflict with either this Constitution or the
Convention. |
| Chapter VII |
| SPECIAL PROVISIONS FOR RADIO |
| Article 44 |
| Use of the Radio-Frequency Spectrum |
| and of the Geostationary-Satellite |
| and Other Satellite Orbits |
| 195 |
1. Members shall endeavour to limit the number of
frequencies and the spectrum used to the minimum essential to
provide in a satisfactory manner the necessary services. To
that end, they shall endeavour to apply the latest technical
advances as soon as possible. |
| 196 |
2. |
In using frequency bands for radio services, Member
States shall bear in mind that radio frequencies and any
associated orbits, including the geostationary- satellite
orbit, are limited natural resources and that they must be
used rationally, efficiently and economically, in conformity
with the provisions of the Radio Regulations, so that
countries or groups of countries may have equitable access to
those orbits and frequencies, taking into account the special
needs of the developing countries and the geographical
situation of particular countries. |
| Article 45 |
| Harmful Interference |
| 197 |
1. All stations, whatever their purpose, must be
established and operated in such a manner as not to cause
harmful interference to the radio services or communications
of other Member States or of recognized operating agencies,
or of , other duly authorized operating agencies which carry
on a radio service, and which operate in accordance with the
provisions of the Radio Regulations. |
| 198 |
2. Each Member State undertakes to require the
operating agencies which it recognizes and the other
operating agencies duly authorized for this purpose to
observe the provisions of No. 197 above. |
| 199 |
3. Further, the Member States recognize the
necessity of taking all practicable, steps to prevent the
operation of electrical apparatus and installations of all
kinds from causing harmful interference to the radio services
or communications mentioned in No. 197 above. |
| Article 46 |
| Distress Calls and Messages |
| 200 |
Radio stations shall be obliged to accept, with absolute
priority, distress calls and messages regardless of their
origin, to reply in the same manner to such messages, and
immediately to take such action in regard thereto as may be
required. |
| Article 47 |
| False or Deceptive Distress, Urgency, |
| Safety or Identification Signals |
| 201 |
Member States agree to take the steps required to prevent
the transmission or circulation of false or deceptive
distress, urgency, safety or identifying signals, and to
collaborate in locating and identifying stations under their
jurisdiction transmitting such signals. |
| Article 48 |
| Installations for National Defence
Services |
| 202 |
1. Member States retain their entire freedom with
regard to military radio installations. |
| 203 |
2. Nevertheless, these installations must, so far
as possible, observe statutory provisions relative to giving
assistance in case of distress and to the measures to be
taken to prevent harmful interference, and the provisions of
the Administrative Regulations concerning the types of
emission and the frequencies to be used, according to the
nature of the service performed by such installations. |
| 204 |
3. Moreover, when these installations take part in
the service of public correspondence or other services
governed by the Administrative Regulations, they must, in
general, comply with the regulatory provisions for the
conduct of such services. |
| Chapter VIII |
| RELATIONS WITH THE UNITED NATIONS, |
| OTHER INTERNATIONAL ORGANIZATIONS |
| AND NON-MEMBER STATES |
| Article 49 |
| Relations With the United Nations |
| 205 |
The relationship between the United Nations and the
International Telecommunication Union is defined in the
Agreement concluded between these two organizations. |
| Article 50 |
| Relations With Other |
| International Organizations |
| 206 |
In furtherance of complete international coordination on
matters affecting telecommunication, the Union shall
cooperate with international organizations having related
interests and activities. |
| Article 51 |
| Relations with Non-Member States |
| 207 |
Each Member State reserves for itself and for the
recognized operating agencies the right to fix the conditions
on which it admits telecommunications exchanged with a State
which is not a Member State of the Union. If a
telecommunication originating in the territory of such a
State is accepted by a Member State, it must be transmitted
and, in so far as it follows the telecommunication channels
of a Member State, the obligatory provisions of this
Constitution, of the Convention and of the Administrative
Regulations and the usual charges shall apply to it. |
| Chapter IX |
| FINAL PROVISIONS |
| Article 52 |
| Ratification, Acceptance or Approval |
| 208 |
1. This Constitution and the Convention shall be
simultaneously ratified, accepted or approved by any
signatory Member State, in accordance with its constitutional
rules, in one single instrument. This instrument shall be
deposited, in as short a time as possible, with the
Secretary-General. The Secretary-General shall notify the
Member States of each deposit of any such instrument. |
| 209 |
2. (1) During a period of two years from the date
of entry into force of this Constitution and the Convention,
a signatory Member State, even though it may not have
deposited an instrument of ratification, acceptance or
approval, in accordance with No. 208 above, shall enjoy the
rights conferred on Member States in Nos. 25 to 28 of this
Constitution. |
| 210 |
(2) From the end of a period of two years from the date
of entry into force of this Constitution and the Convention,
a signatory Member State which has not deposited an
instrument of ratification, acceptance or approval, in
accordance with No. 208 above, shall no longer be entitled to
vote at any conference of the Union, at any session of the
Council, at any meeting of any of the Sectors of the Union,
or during any consultation by correspondence conducted in
accordance with the provisions of this Constitution and of
the Convention until it has so deposited such an instrument.
Its rights, other than voting rights, shall not be
affected. |
| 211 |
3. After the entry into force of this Constitution
and the Convention in accordance with Article 58 of this
Constitution, an instrument of ratification, acceptance or
approval, shall become effective on the date of its deposit
with the Secretary-General. |
| Article 53 |
| Accession |
| 212 |
1. A Member State which is not a signatory to this
Constitution and the Convention, or, subject to the
provisions of Article 2 of this Constitution, any other State
referred to in that Article, may accede to this Constitution
and the Convention at any time. Such accession shall be made
simultaneously in the form of one single instrument covering
both this Constitution and the Convention. |
| 213 |
2. The instrument of accession shall be deposited
with the Secretary-General who shall notify the Member States
of each deposit of any such instrument when it is received
and shall forward to each of them a certified copy
thereof. |
| 214 |
3. After the entry into force of this Constitution
and the Convention in accordance with Article 58 of this
Constitution, an instrument of accession shall become
effective on the date of its deposit with the
Secretary-General, unless otherwise specified therein. |
| Article 54 |
| Administrative Regulations |
| 215 |
1. The Administrative Regulations, as specified in
Article 4 of this Constitution, are binding international
instruments and shall be subject to the provisions of this
Constitution and the Convention. |
| 216 |
2. Ratification, acceptance or approval of this
Constitution and the Convention, or accession to these
instruments, in accordance with Articles 52 and 53 of this
Constitution, shall also constitute consent to be bound by
the Administrative Regulations adopted by competent world
conferences prior to the date of signature of this
Constitution and the Convention. Such consent is subject to
any reservation made at the time of signature of the
Administrative Regulations or revisions thereof to the extent
that the reservation is maintained at the time of deposit of
the instrument of ratification, acceptance, approval or
accession. |
| 216a |
2bis. The Administrative Regulations referred to
in No. 216 above shall remain in lore, subject to such
revisions as may be adopted in application of Nos. 89 and 146
of this Constitution and brought into force. Any revision of
the Administrative Regulations, either partial or complete,
shall enter into force on the date or dates specified therein
only for the Member States which, prior to such date or
dates, have notified the Secretary-General of their consent
to be bound by that revision. |
| 217 |
deleted. |
| 217a |
3bis. A Member State shall notify its consent to
be bound by a partial or complete revision of the
Administrative Regulations by depositing with the
Secretary-General an instrument of ratification, acceptance
or approval of that revision or of accession thereto or by
notifying the Secretary-General of its consent to be bound by
that revision. |
| 217b |
3ter. Any Member State may also notify the
Secretary-General that its ratification, acceptance or
approval of, or accession to, amendments to this Constitution
or the Convention in accordance with Article 55 of the
Constitution or Article 42 of the Convention shall constitute
consent to be bound by any revision of the Administrative
Regulations, either partial or complete, adopted by a
competent conference prior to the signature of the said
amendments to this Constitution or to the Convention. |
| 217c |
3quater. The notification referred to in No. 217b
above shall be given at the time of the deposit by the Member
State of its instrument of ratification, acceptance or
approval of, or accession to, the amendments to this
Constitution or to the Convention. |
| 217d |
3penter. Any revision of the Administrative
Regulations shall apply provisionally, as from the date of
entry into force of the revision, in respect of any Member
State that has signed the revision and has not notified the
Secretary-General of its consent to be bound in accordance
with Nos. 217a and 217b above. Such provisional application
only takes effect if the Member State in question did not
oppose it at the time of signature of the revision. |
| 218 |
4. |
Such provisional application shall continue for a Member
State until it notifies the Secretary-General of its decision
concerning its consent to be bound by any such revision. |
| 219 to |
| 221 |
deleted. |
| 221a |
5bis. If a Member State fails to notify the
Secretary-General of its decision concerning its consent to
be bound under No. 218 above within thirty-six months
following the date or dates of entry into force of the
revision, that Member State shall be deemed to have consented
to be bound by that revision. |
| 221b |
5ter. Any provisional application within the
meaning of No.217d or any consent to be bound within the
meaning of No. 221a shall be subject to any reservation as
may have been made by the Member State concerned at the time
of signature of the revision. Any consent to be bound within
the meaning of Nos. 216a, 217a, 217b and 218 above shall be
subject to any reservation as may have been made by the
Member State concerned at the time of signature of the
Administrative Regulations or revision thereto, provided that
it maintains the reservation when notifying the
Secretary-General of its consent to be bound. |
| 222 |
deleted. |
| 223 |
7. The Secretary-General shall inform Member
States promptly of any notification received pursuant to this
Article. |
| Article 55 |
| Provisions for Amending this
Constitution |
| 224 |
1. Any Member State may propose any amendment to
this Constitution. Any such proposal shall, in order to ensue
its timely transmission to, and consideration by, all the
Member States reach the Secretary-General not later than
eight months prior to the opening date fixed for the
Plenipotentiary Conference. The Secretary-General shall, as
soon as possible, but not later than six months prior to the
latter date, forward any such proposal to all the Member
States. |
| 225 |
2. Any proposed modification to any amendment
submitted in accordance with No. 224 above may, however, be
submitted at any time by a Member State or by its delegation
at the plenipotentiary conference. |
| 226 |
3. The quorum required at any Plenary Meeting of
the Plenipotentiary Conference for consideration of any
proposal for amending this Constitution or modification
thereto shall consist of more than one half of the
delegations accredited to the Plenipotentiary
Conference. |
| 227 |
4. To be adopted, any proposed modification to a
proposed amendment as well as the proposal as a whole,
whether or not modified, shall be approved, at a Plenary
Meeting, by at least two-thirds of the delegations accredited
to the Plenipotentiary Conference which have the right to
vote. |
| 228 |
5. Unless specified otherwise in the preceding
paragraphs of this Article which shall prevail, the general
provisions regarding conferences and the Rules of Procedure
of conferences and other meetings shall apply. |
| 229 |
6. Any amendments to this Constitution adopted by
a plenipotentiary conference shall, as a whole and in the
form of one single amending instrument, enter into force at a
date fixed by the conference between Member States having
deposited before that date their instrument of ratification,
acceptance or approval of, or accession to, both this
Constitution and the amending instrument. Ratification,
acceptance or approval of, or accession to, only a part of
such an amending instrument shall be excluded. |
| 230 |
7. The Secretary-General shall notify all Member
States of the deposit each instrument of ratification,
acceptance, approval or accession. |
| 231 |
8. After entry into force of any such amending
instrument, ratification, acceptance, approval or accession
in accordance with Articles 52 and 53 of this Constitution
shall apply to the Constitution as amended. |
| 232 |
9. After entry into force of any such amending
instrument, the Secretary-General shall register it with the
Secretariat of the United Nations, in accordance with the
provisions of Article 102 of the Charter of the United
Nations. No. 241 of this Constitution shall also apply to any
such amending instrument. |
| Article 56 |
| Settlement of Disputes |
| 233 |
1. Member States may settle their disputes on
questions relating to the interpretation or application of
this Constitution, of the Convention or of the Administrative
Regulations by negotiation, through diplomatic channels, or
according to procedures established by bilateral or
multilateral treaties concluded between them for the
settlement of international disputes, or by any other method
mutually agreed upon. |
| 234 |
2. If none of these methods of settlement is
adopted, any Member State party to a dispute may have
recourse to arbitration in accordance with the procedure
defined in the Convention. |
| 235 |
3. The Optional Protocol on the Compulsory
Settlement of Disputes Relating to this Constitution, to the
Convention, and to the Administrative Regulations shall be
applicable as between Member States parties to that
Protocol. |
| Article 57 |
| Denunciation of this Constitution |
| and the Convention |
| 236 |
1. Each Member State which has ratified, accepted,
approved or acceded to this Constitution and the Convention
shall have the right to denounce them. In such a case, this
Constitution and the Convention shall be denounced
simultaneously in one single instrument, by a notification
addressed to the Secretary General. Upon receipt of such
notification, the Secretary-General shall advise the other
Member States thereof. |
| 237 |
2. Such denunciation shall take effect at the
expiration of a period of one year from the date of receipt
of its notification by the Secretary-General. |
| Article 58 |
| Entry into Force and Related Matters |
| 238 |
1. This Constitution and the Convention shall
enter into force on 1 July 1994 between Members having
deposited before that date their instrument of ratification,
acceptance, approval or accession. |
| 239 |
2. Upon the date of entry into force specified in
No. 238 above this Constitution and the Convention shall, as
between Parties thereto, abrogate and replace the
International Telecommunication Convention (Nairobi,
1982). |
| 240 |
3. In accordance with the provisions of Article
102 of the Charter of the United Nations, the
Secretary-General of the Union shall register this
Constitution and the Convention with the Secretariat of the
United Nations. |
| 241 |
4. The original of this Constitution and the
Convention drawn up in the Arabic, Chinese, English, French,
Russian and Spanish languages shall remain deposited in the
archives of the Union. The Secretary-General shall forward,
in the languages requested, a certified true copy to each of
the signatory Member States. |
| 242 |
5. In the event of any discrepancy among the
various language versions of this Constitution and the
Convention, the French text shall prevail. |
| Annex |
| Definition of Certain Terms Used in
this Constitution, |
| the Convention and the |
| Administrative Regulations |
| of the International |
| Telecommunication Union |
| 1001 |
For the purpose of the above instruments |
|
of the Union, the following terms shall |
|
have the meanings defined below: |
| 1001a |
Member |
A State which is considered |
|
State: |
to be a Member of the Inter- |
|
|
national Telecommunication |
|
|
Union in application of |
|
|
Article 2 of this Constitution. |
| 1001b |
Sector |
An entity or organization |
|
Member: |
authorized in accordance with |
|
|
Article 19 of the Convention |
|
|
to participate in the activities |
|
|
of a Sector. |
| 1002 |
Administration: |
Any governmental department |
|
|
or service responsible for |
|
|
discharging the obligations |
|
|
undertaken in the Constitution |
|
|
of the International Telecom- |
|
|
munication Union, in the |
|
|
Convention of the Interna- |
|
|
tional Telecommunication |
|
|
Union and in the Adminis- |
|
|
trative Regulations. |
| 1003 |
Harmful |
Interference which endangers |
|
Interference: |
the functioning of a radio- |
|
|
navigation service or of other |
|
|
safety services or seriously |
|
|
degrades, obstructs or |
|
|
repeatedly interrupts a radio- |
|
|
communication service ope- |
|
|
rating in accordance with |
|
|
the Radio Regulations. |
| 1004 |
Public |
Any telecommunication |
|
Correspon- |
which the offices and |
|
dence: |
stations must, by reason of |
|
|
their being at the disposal |
|
|
of the public, accept for |
|
|
transmission. |
| 1005 |
Delegation: |
The totality of the delegates |
|
|
and, should the case arise, |
|
|
any representatives, advisers, |
|
|
attaches, or interpreters sent |
|
|
by the same Member. |
|
|
Each Member shall be free |
|
|
to make up its delegation as |
|
|
it wishes. In particular, it |
|
|
may include in its delegation, |
|
|
inter alia , in the capacity of |
|
|
delegates, advisers or attaches, |
|
|
persons belonging to any |
|
|
entity or organization |
|
|
authorized in accordance |
|
|
with the relevant provisions |
|
|
of the Convention. |
| 1006 |
Delegate: |
A person sent by the govern- |
|
|
ment of a Member of the |
|
|
Union to a Plenipotentiary |
|
|
Conference, or a person |
|
|
representing a government |
|
|
or an administration of a |
|
|
Member of the Union at a |
|
|
conference or at a meeting |
|
|
of the Union. |
| 1007 |
Operating |
Any individual, company, |
|
Agency: |
corporation or governmental |
|
|
agency which operates a tele- |
|
|
communication installation |
|
|
intended for an international |
|
|
telecommunication service |
|
|
or capable of causing harmful |
|
|
interference with such a service. |
| 1008 |
Recognized |
Any operating agency, as |
|
Operating |
defined above, which operates |
|
Agency: |
a public correspondence or |
|
|
broadcasting service and |
|
|
upon which the obligations |
|
|
provided for in Article 6 of |
|
|
this Constitution are imposed |
|
|
by the Member in whose |
|
|
territory the head office of |
|
|
the agency is situated, or by |
|
|
the Member which has |
|
|
authorized this operating |
|
|
agency to establish and ope- |
|
|
rate a telecommunication |
|
|
service on its territory. |
| 1009 |
Radiocom- |
Telecommunication by |
|
munication: |
means of radio waves. |
| 1010 |
Broadcasting |
A radiocommunication |
|
Service: |
service in which the trans- |
|
|
missions are intended for |
|
|
direct reception by the ge- |
|
|
neral public. This service |
|
|
may include sound trans- |
|
|
missions, television trans- |
|
|
missions or other types of |
|
|
transmission. |
| 1011 |
International |
The offering of a telecom- |
|
Telecom- |
munication capability |
|
munication |
between telecommunication |
|
Service: |
offices or stations of any |
|
|
nature that are in or belong |
|
|
to different countries. |
| 1012 |
Telecom- |
Any transmission, emission |
|
munication: |
or reception of signs, signals, |
|
|
writing, images and sounds |
|
|
or intelligence of any nature |
|
|
by wire, radio, optical or |
|
|
other electromagnetic systems. |
| 1013 |
Telegram: |
Written matter intended to |
|
|
be transmitted by telegraphy |
|
|
for delivery to the addressee. |
|
|
This term also includes |
|
|
radiotelegrams unless other- |
|
|
wise specified. |
| 1014 |
Government |
Telecommunications |
|
Telecommu- |
originating with any: |
|
nications: |
- Head of State; |
|
|
- Head of government or |
|
|
members of a government; |
|
|
- Commanders-in-Chief of |
|
|
military forces, land, sea or air; |
|
|
- diplomatic or consular |
|
|
agents; |
|
|
- the Secretary-General of |
|
|
the United Nations; Heads |
|
|
of the principal organs of |
|
|
the United Nations; |
|
|
- the International Court of |
|
|
Justice, |
|
|
or replies to government |
|
|
telecommunications |
|
|
mentioned above. |
| 1015 |
Private |
Telegrams other than govern- |
|
Telegrams: |
ment or service telegrams. |
| 1016 |
Telegraphy: |
A form of telecommunication |
|
|
in which the transmitted |
|
|
information is intended to |
|
|
be recorded on arrival as a |
|
|
graphic document; the trans- |
|
|
mitted information may |
|
|
sometimes be presented in |
|
|
an alternative form or may |
|
|
be stored for subsequent use. |
|
Note: |
A graphic document |
|
|
records information in a per- |
|
|
manent form and is capable |
|
|
of being filed and consulted; |
|
|
it may take the form of |
|
|
written or printed matter or |
|
|
of a fixed image. |
| 1017 |
Telephony: |
A form of telecommunication |
|
|
primarily intended for the |
|
|
exchange of information in |
|
|
the form of speech. |
