REGIONAL AGREEMENT for the EUROPEAN BROADCASTING AREA

Concerning the use of Frequencies by the Broadcasting Service in the VHF and UHF Bands

(as revised Regional Administrative Conference of the Members of the
Union in the European Broadcasting Area, Geneva, 1985)

Preamble

The undersigned Delegates of the Administrations of the following countries:

Austria, Belgium, Bielorussian Soviet Socialist Republic, People's Republic of Bulgaria, Republic of Cyprus, Vatican City State, Denmark, Spain, Finland, France. Greece, Hungarian People's Republic, Ireland, Iceland, State of Israel, Italy, Lebanon, Luxembourg, Kingdom of Morocco, Monaco, Norway, Kingdom of the Netherlands, People's Republic of Poland, Portugal, Federal Republic of Germany, Federal People's Republic of Yugoslavia, Ukrainian Soviet Socialist Republic, Roumanian People's Republic, United Kingdom of Great Britain and Northern Ireland, Sweden, Confederation of Switzerland, Czechoslovak Socialist Republic, Overseas Territories for the international relations of which the Government of the United Kingdom of Great Britain and Northern Ireland are responsible, Turkey, Union of Soviet Socialist Republics,

meeting in Stockholm for a Regional Conference convened under the terms of Article 44 of the International Telecommunication Convention, Geneva, 1959, have adopted, subject to the approval of their Administrations, the following provisions relating to the broadcasting service (sound and television) in the European Broadcasting Area for the bands between 41 and 960 Mc/s allocated on a primary basis to broadcasting under Article 5 of the Radio Regulations, Geneva, 1959, with the exception of the bands between 68 and 73 Mc/s and between 76 and 87.5 Mc/s which are the subject of a Regional Agreement (Special Regional Conference, Geneva, 1960).

ARTICLE 1
Definitions

1 For the purposes of the present Agreement, the following terms shall have the meanings defined below:

2 Agreement: The whole of the present Agreement and its Annexes.

3 Plans: The plans forming Annex 2 to the Agreement.

4 European Broadcasting Area: The geographical area defined in No. 133 of the Radio Regulations, Geneva, 1959.

5 Radio Regulations: The Radio Regulations, Geneva, 1959.

6 Union: The International Telecommunication Union.

7 The Secretary-General: The Secretary-General of the International Telecommunication Union.

8 I.F.R.B.: The International Frequency Registration Board.

9 Contracting Administration: Any Administration which has approved or acceded to the Agreement.

9A Regional Agreement (1984): The agreement relating to the use of the band 87.5 - 108 MHz for FM sound broadcasting (Region 1 and part of Region 3) adopted by the Regional Administrative Conference (Geneva, 1984).

ARTICLE 2
Execution of the Agreement

10 1 The Contracting Administrations shall adopt for their broadcasting stations operating in the bands referred to in the Agreement, the characteristics specified in the Plans.

11 2 The Contracting Administrations shall not change the characteristics specified in the Plans, or establish new stations, except under the conditions provided for in Article 4 of the present Agreement.

12 3 The Contracting Administrations shall endeavour to agree on the action required to reduce any harmful interference caused by the application of the Agreement.

13 4 Should agreement, as envisaged in paragraph 3 above, prove impossible, the dissenting Administra­tions may resort to the procedure laid down in Article 15 of the Radio Regulations, and if necessary, to that laid down in Article 27 of the International Telecommunication Convention, Geneva, 1959.

ARTICLE 3
Broadcasting Stations of Low Power

14 1 Stations in the frequency bands between 41 and 230 Mc/s having maximum effective radiated powers of less than 1 kW, and stations in the frequency bands between 470 and 960 Mc/s having maximum effective radiated powers of less than 10 kW do not appear in the Plans.

15 2 Such stations shall however have the same status as stations shown in the Plans provided:

16 a) that they were established in accordance with the provisions of the European Broadcasting Agreement, Stockholm, 1952;

17 b) or that they are established in accordance with the provisions of the present Agreement.

18 In the event of harmful interference between the stations referred to in a) above and those appearing in the Plans, the Contracting Administrations concerned shall reach mutual agreement as to the steps necessary to obviate such interference.

ARTICLE 4
Changes in the Characteristics of Stations covered by the Agreement

1 Procedure in the Frequency Bands 41-68 Mc/s, 87.5-100 Mc/s, 174-216 Mc/s, 470-582 Mc/s and 606-790 Mc/s

19 1.1 When a Contracting Administration proposes to change the characteristics of a broadcasting station shown in the Plans or brought into operation in accordance with the provisions of the present Agreement, or proposes to put into operation a broadcasting station not appearing in the Plans, the following action shall be taken:

20 1.1.1 If the distances from the station under consideration to the nearest points of the boundaries of other countries, the Administrations of which are Contracting Administrations, are less than the limits corresponding to the proposed power of the station and other characteristics specified in Annex 1, the Administrations of those countries shall be consulted by registered post.

21 1.1.2 In effecting this consultation the Administration proposing the change shall furnish all the information specified in Appendix 1, Section A, of the Radio Regulations, together with the effective height of the antenna as defined in Annex 2 to the Agreement, its directional characteristics and the polarization of radiation. The Administrations that are being consulted may request any other information they need to assess the probability of harmful interference to their own services.

21A 1.1.2A When the change concerns a station in the band 87.5 - 100 MHz, consultations shall also be carried out with an administration whose assignment in conformity with the Regional Agreement (1984) is considered affected by the proposed change. For this purpose the criteria of Annex 2 to the Regional Agreement (1984), as well as the coordination distances given in Chapter 1 of Annex 4 to that Agreement, shall be applied.

22 1.1.3 If agreement is reached bet-ween the Administrations concerned, the Administration proposing the change may proceed with its project. Administrations which have been consulted and have not replied within ten weeks following the date of registration of the consultation letter in the post of the country of origin shall be reminded by urgent telegram. Administrations which have not replied within two weeks following the despatch of the urgent telegram shall be considered to have agreed to the proposed change.

23 1.1.4 If no agreement is reached bet-ween the Administrations concerned, the I.F.R.B. shall make any technical examination that may be requested by the Administration proposing the change, or by Administrations whose services may be affected by the proposed change, and shall inform them of the results of such examination.

24 1.2 The Administration proposing the change may proceed with its project without consulting other Administrations if:

25 a) the proposed modification relates to a reduction in power or to other changes of technical characteristics which would reduce the probability of harmful interference to services of other countries,

or

26 b) the distances from the station under consideration to the nearest points of the boundaries of other countries, the Administrations of which are Contracting Administrations, are equal to or greater than the limits corresponding to the proposed power of the station and other characteristics specified in Annex 1.

27 1.3 In the cases referred to in sub-paragraph 1.1.3 and paragraph 1.2 above, the Administration proposing the change shall inform the I.F.R.B. of the particulars specified in sub-paragraph 1.1.2 above and, where appropriate, of the names of the countries consulted.

MOD 28 1.4 The IFRB shall publish the information in a special section of its weekly circular, specifying either that the proposed change is the result of consultation carried out under the provisions of sub-paragraphs 1.1.1, 1.1.2, 1.1.2A and 1.1.3 above, or that it is being effected under the provisions of paragraph 1.2 above.

2 Procedures in the Frequency Bands 162-174 Mc/s, 216-230 Mc/s, 582-606 Mc/s and 790-960 Mc/s

2.1 Procedure for Broadcasting Stations

29 2.1.1 Any Contracting Administration proposing to change the technical characteristics of any of its broadcasting stations appearing in the Plans or to operate broadcasting stations not appearing in the Plans, shall first inform the I.F.R.B., furnishing the technical information specified in sub-paragraph 1.1.2 above.

30 2.1.2 The I.F.R.B. shall publish this information in a special section of its weekly circular, indicating that comments on such information should be sent directly to the Administration originating the proposal.

31 2.1.3 Such comments must be received by the Administration originating the proposal within the twelve weeks following the date of the weekly circular in question. Administrations which have not furnished such comments within this period shall be considered to have agreed to the proposed change.

32 2.1.4 If no comments have been received at the expiry of the period of twelve weeks referred to in sub-paragraph 2.1.3 above, or if agreement has been reached with the Administrations making these comments, the Administration proposing the change may proceed with its project, and shall inform the I.F.R.B. in the manner specified in paragraph 1.3 above.

2.2 Procedure for Stations of Services other than Broadcasting

33 For stations of services other than broadcasting, the provisions of the Radio Regulations shall apply, taking into account the categories of service and allocations specified in Article 5 thereof. Contracting Administrations proposing to change the technical characteristics of such stations or to establish new stations of such services shall take into account the broadcasting stations appearing in the Plans or brought into use in accordance with this Agreement and shall do so after reaching mutual agreement with the Administrations that may be concerned.

3 Procedure common to all Frequency Bands

34 3.1 The Secretary-General shall be informed by the I.F.R.B. of all changes made in the Plans in appli­cation of the provisions of Sections 1 and 2 above.

35 3.2 If a change, although made in accordance with the provisions of Sections 1 and 2 above, causes harmful interference to services of other Contracting Administrations, the Administration which has made the change shall take the requisite action to eliminate such interference.

35A 3.2A If a change, although made in accordance with the provisions of Section 1 above, causes harmful interference to an assignment in conformity with the Regional Agreement (1984), the administration which has made the change shall take the requisite action to eliminate such interference.

36 3.3 If, after application of the procedure defined in, sub-paragraphs 1.1.1, 1.1.2 and 1.1.3 on the one hand, and paragraphs 2.1 and 2.2 on the other hand, no agreement has been reached between the Admi­nistrations concerned, recourse may be had to the procedures defined in Article 15 of the Radio Regulations, or in Article 27 of the International Telecommunication Convention, Geneva, 1959, as the case may be.

ARTICLE 5
Notification of Frequency Assignments

37 Whenever an assignment in conformity with the Plans or for which the procedure prescribed in Article 4 of the present Agreement has been applied, is put into service, the Administration concerned shall notify this assignment to the I.F.R.B. in accordance with the provisions of Article 9 of the Radio Regulations.

ARTICLE 6
Accession to the Agreement

38 1 The Administration of any Member of the Union in the European Broadcasting Area which has not signed this Agreement may accede thereto at any time. Such accession shall be made without reservation. The Secretary-General shall be notified thereof, and he shall inform the other Members of the Union in the European Broadcasting Area.

39 2 Accession shall take effect on the date the notification of accession is received by the Secretary-General.

ARTICLE 7
Termination of Participation in the Agreement

40 1 Any Contracting Administration shall have the right at any time to terminate its participation in the Agreement by a communication sent to the Secretary-General, who shall inform the other Members of the Union in the European Broadcasting Area.

41 2 Such termination of participation shall take effect after a period of one year from the date of receipt, by the Secretary-General, of the said communication.

ARTICLE 8
Revision of the Agreement

42 No revision of the Agreement shall be undertaken except by an Administrative Conference of the Members of the Union in the European Broadcasting Area, convened in accordance with the procedure laid down in the International Telecommunication Convention.

ARTICLE 9
Effective Date of the Agreement

43 The Agreement shall enter into force on 1 September, 1962.

ARTICLE 10
Abrogation of the European Broadcasting Agreement, Stockholm, 1952

44 The present Agreement shall abrogate and replace the European Broadcasting Agreement, Stockholm, 1952, and the Plans annexed thereto.

ARTICLE 11
Scope of Application of the Agreement

45 1 The present Agreement shall bind Contracting Administrations in their relations with one another but does not bind those Administrations with non-Contracting Administrations.

46 2 If an Administration makes reservations with regard to any provision of the present Agreement, other Administrations shall be free to disregard the said provision in their relations with the Administra­tion which has made such reservations.

ARTICLE 12
Approval of the Agreement

47 Administrations shall notify their approval of this Agreement, as promptly as possible, to the Secretary-General who shall at once inform the other Members of the Union in the European Broadcasting Area.

In witness whereof, the undersigned Delegates of the Administrations of the countries mentioned above have, on behalf of their respective Administrations, signed the present Agreement in a single copy in the French, English and Spanish languages, in which, in case of dispute, the French text shall be authentic. This copy shall remain in the archives of the Swedish Administration, which shall forward one certified true copy to each signatory Administration and to the Secretary-General.

Done at Stockholm, 23 June, 1961

(The signature pages are not reproduced here.)

Protocol revising certain parts of the Regional Agreement for the European Broadcasting Area (Stockholm, 1961)

(Geneva, 2006)

PREAMBLE

The undersigned delegates of the following Member States:

Republic of Albania, People's Demo-cratic Republic of Algeria, Federal Republic of Germany, Principality of Andorra, Austria, Republic of Belarus, Belgium, Republic of Bulgaria, Republic of Cyprus, Vatican City State, Republic of Croatia, Denmark, Arab Republic of Egypt, Spain, Republic of Estonia, Russian Federation, Finland, France, Greece, Republic of Hungary, Republic of Iraq, Ireland, State of Israel, Italy, Hashemite Kingdom of Jordan, Republic of Latvia, The Former Yugoslav Republic of Macedonia, Lebanon, Principality of Liechtenstein, Luxembourg, Malta, Kingdom of Morocco, Republic of Moldova, Principality of Monaco, Norway, Kingdom of the Netherlands, Republic of Poland, Portugal, Syrian Arab Republic, Slovak Republic, Czech Republic, Romania, United Kingdom of Great Britain and Northern Ireland, Republic of San Marino, Republic of Serbia, Republic of Slovenia, Sweden, Confederation of Switzerland, Tunisia, Turkey and Ukraine,

meeting in Geneva for a regional radiocommunication conference to revise the Regional Agreement for the European Broadcasting Area (Stockholm, 1961) (ST61 Agreement), between 15 May 2006 and 16 June 2006, and working on the basis of its agenda,

noting Article 8 of the ST61 Agreement,

noting further that the ST61 Agreement was amended in 1985 (see the Protocol amending the Regional Agreement for the European Broadcasting Area (Geneva, 1985)),

having considered the Agreement adopted by the Regional Radiocommunication Conference for the planning of the digital terrestrial broadcasting service in Region 1 (parts of Region 1 situated to the west of meridian 170° E and to the north of parallel 40° S, except the territory of Mongolia) and in the Islamic Republic of Iran, in the frequency bands 174-230 MHz and 470-862 MHz (Geneva, 2006) (RRC-06) (GE06 Agreement),

having also considered the need to harmonize the dates of entry into force and the dates of provisional application of the GE06 Agreement and the revised ST61 Agreement,

recognizing that the analogue Plan annexed to the GE06 Agreement contains the frequency assignments from the updated ST61 Plan as it appears in BR IFIC No. 2569 in frequency bands 174-230 MHz (for Morocco, 170-230 MHz) and 470-862 MHz which are transferred to the new analogue Plan annexed to the GE06 Agreement as a consequence of abrogation of Annex 2 to the ST61 Agreement in the above-mentioned frequency bands,

have adopted, subject to approval by their competent authorities, a revision of the ST61 Agreement, as contained in this Protocol,

declare that, should a Member State from the European Broadcasting Area make reservations¹ concerning the application of one or more of the provisions of the revised ST61 Agreement, no other Member State from the European Broadcasting Area shall be obliged to observe that provision or those provisions in its relations with that particular Member State.

________________

¹ These reservations shall not relate to Article 2 of this Protocol.

ARTICLE 1
Definitions

1 For the purposes of this Protocol, and unless otherwise specified, the following terms shall have the meanings defined below:

1.1 Union: The International Telecommunication Union.

1.2 Secretary-General: The Secretary-General of the Union.

1.3 Constitution: The Constitution of the Union.

1.4 Convention: The Convention of the Union.

1.5 European Broadcasting Area: The area designated in No. 5.14 of the Radio Regulations (Edition of 2004).

1.6 ST61 Agreement: The Regional Agreement for the European Broadcasting Area (Stockholm, 1961), as amended by the Regional Administrative Conference of the Members of the Union in the European Broadcasting Area (Geneva, 1985).

1.7 Conference: The Regional Radiocommunication Conference for the revision of the ST61 Agreement (Geneva, 2006).

1.8 Protocol: This Protocol revising certain parts of the ST61 Agreement.

ARTICLE 2
Revision of certain parts of the ST61 Agreement

2.1 The provisions in Articles 3, 4 and 5 of the ST61 Agreement and the associated parts of

its Annexes 1 and 2 are abrogated insofar as their application in the frequency bands 174-230 MHz (for Morocco, 170-230 MHz) and 470-862 MHz is concerned.

ARTICLE 3
Entry into force and provisional application of the Protocol

3.1 The provisions of the Protocol shall apply provisionally as from 17 June 2006 at 0001 hours UTC.

3.2 The Protocol shall enter into force on 17 June 2007 at 0001 hours UTC.

ARTICLE 4
Approval of the Protocol

4.1 Any Member State from the European Broadcasting Area signatory of the Protocol

shall deposit its instrument of approval of the Protocol, as soon as possible, with the Secretary-General, who shall at once inform the other Member States of the Union, it being understood that for Member States which are not party to the ST61 Agreement (as amended or not), such approval shall also imply the approval of, or accession to, the ST61 Agreement. The Secretary-General is authorized to take, at any time, any appropriate action aimed at the timely implementation of the provisions of this paragraph.

ARTICLE 5
Accession to the Protocol

5.1 Any Member State in the European Broadcasting Area which is a party to the ST61 Agreement (as amended or not) but not a signatory of the Protocol, shall deposit its instrument of accession to the latter, as soon as possible, with the Secretary-General, who shall at once inform the other Member States of the Union. The Secretary-General is authorized to take, at any time, any appropriate action aimed at the timely implementation of the provisions of this paragraph.

5.2 Accession to the Protocol shall be made without reservation and shall become effective on the date on which the instrument of accession is received by the Secretary-General.

ARTICLE 6
Approval of or accession to the ST61 Agreement

6.1 Any Member State from the European Broadcasting Area approving or acceding to the

ST61 Agreement after the entry into force of the Protocol shall be considered as also approving or acceding to the Protocol.

ARTICLE 7
Amendment and revision of the Protocol

7.1 Trie Protocol shall not be amended or revised except by a competent regional

radiocommunication conference of the Member States from the European Broadcasting Area convened in accordance with the procedures laid down in the Constitution and Convention.

IN WITNESS WHEREOF, the delegates of the Member States of the International Telecommunication Union from the European Broadcasting Area named below have, on behalf of their respective competent authorities, signed one copy of these Final Acts. In case of dispute, the French text shall prevail. This copy shall remain deposited in the archives of the Union. The Secretary-General shall forward one certified true copy to each Member State of the International Telecommunication Union from the European Broadcasting Area.

Done at Geneva, 16 June 2006

 

For the Republic of Albania:

Hydajet KOPANI

For the People's Democratic Republic of Algeria:

A. El Kader IBRIR

Mohamed MADOUR

Slimane DJEMATENE

A. El Malek HOUYOU

For the Federal Republic of Germany:

Gerald REICHLE

For the Principality of Andorra:

Xavier JIMENEZ-BELTRAN

For Austria:

Franz PRULL

Peter REINDL

For the Republic of Belarus:

Vladimir TESLYUK

For Belgium:

Freddy BAERT

Michael VAN DROOGENBROEK

For the Republic of Bulgaria:

Dimitar STANTCHEV

Bozhidar KOZHUHAROV

Svilen POPOV

Georgi KOLEV

For the Republic of Cyprus:

Andronikos KAKKOURAS

For the Vatican City State:

Costantino PACIFICI

Giudici PIERVINCENZO

For the Republic of Croatia:

Drazen BREGLEC

Kreso ANTONOVIC

Zeljko TABAKOVIC

Gasper GACINA

For Denmark:

Jorgen Lang NIELSEN

Peter Marlau KNUDSEN

Henning ANDERSEN

For the Arab Republic of Egypt:

Laila Hussein HAMDALLAH

Esmail ELGHUTTANY

For Spain:

Antonio FERNANDEZ-PANIAGUA

Jose Ramon CAMBLOR

For the Republic of Estonia:

Arvo RAMMUS

For the Russian Federation:

Andrey BESKOROVAYNY

Victor STRELETS

For Finland:

Kirsi KARLAMAA

Kan KANGAS

For France:

Arnaud MIQUEL

Francois RANCY

Dominique Jean ROLFO

For Greece:

Nissim BENMAYOR

George DROSSOS

For the Republic of Hungary:

Erzsebet BANKUTI

Peter VARI

For the Republic of Iraq:

Wesall A. ALI

For Ireland:

John A.C. BREEN

Peter MORAN

Roger WOODS

For the State of Israel:

Haim MAZAR

For Italy:

Francesco TROISI

Mario TAGIULLO

Riccardo DE LEONARDIS

Donato MARGARELLA

For the Hashemite Kingdom of Jordan:

M. AL-WATHIQ SHAQRAH

For the Republic of Latvia:

Inars JEKABSONS

Juris VALENIEKS

Juris RENCIS

For the Former Yugoslav Republic of Macedonia:

Mile VELJANOV

For Lebanon:

Maurice GHAZAL

For the Principality of Liechtenstein:

Kurt BUHLER

For Luxembourg:

Roland THURMES

For Malta:

Saviour F. BORG

Joseph SPITERI

Adrian GALEA

For the Kingdom of Morocco:

Mohammed LOULICHKI

Mohammed HAMMOUDA

Mustapha BESSI

Mohamed Mamoun SB AY

Abderrahim KHAFAJI

Nabila EL MERNISSI

Adil ARAMJA

For the Republic of Moldova:

Andrei NEMTANU

Teodor CICLICCI

Eughenii SESTACOV

For the Principality of Monaco:

Carole LANTER1

For Norway:

Geir Jan SUNDAL

For the Kingdom of Netherlands:

Bart SCHAAP A. VAN DIJKEN

Ben SMITH

For the Republic of Poland:

Krystyna ROSLAN-KUHN

Pawel KACKI

Dariusz WIECEK

Arkadiusz KUREK

Radoslaw TYNIOW

For Portugal:

Maria F. SANTOS SILVA GIRAO

Miguel J. DA COSTA M. HENRIQUES

For the Syrian Arab Republic:

Moustafa AJENEH

Mohammad HASAN

Adnan SALHAB

For the Slovak Republic:

Milan LUKNAR

For the Czech Republic:

Pavel DVORAK

For Romania:

Florin BEJAN

Catalin M. MARINESCU

For the United Kingdom of Great Britain and Northern Ireland:

Michael GODDARD

Malcolm JOHNSON

For the Republic of San Marino:

Michele GIRI

For the Republic of Serbia:

Dragana CURCIC

Slavenko RASAJSKI

Natalija VARAGIC

Peter STEFANOVIC

Marija RAICKOVIC

For the Republic of Slovenia:

Mihael KRISELJ

Igor FUNA

Franc KOVACIC

For Sweden:

Anders FREDERICH

Per KJELLIN

Percy PETTERSSON

For the Confederation of Switzerland:

Peter B. PAULI

For Tunisia:

Mohammed BONGUI

Lilia SOUSSI

Mohsen GHOMMAN M.

For Turkey:

Tayfun ACARER AliZAR

Erkan CAN

For Ukraine:

Vasyl HANDABURA

Olena ULASENKO