MOD¹

51

c)

in the light of its decisions taken on the reports referred to in No. 50 above, establish the strategic plan for the Union and the basis for the budget of the Union, and determine related financial limits, until the next plenipotentiary conference, after considering all relevant aspects of the work of the Union in that period;

MOD

58A

jbis)

adopt and amend the General Rules of conferences, assemblies and meetings of the Union;

(MOD)²

61

a)

the Member States 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;

MOD

62

b)

the Secretary-General, the Deputy Secretary-General, the Directors of the Bureaux 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; due consideration should also be given to the principles embodied in No. 154 of this Constitution;

MOD

63

c)

the members of the Radio Regulations Board shall be elected in their individual capacity from among the candidates proposed by Member States as their nationals. Each Member State may propose only one candidate. The members of the Radio Regulations Board shall be nationals of the same Member State as the Director of the Radiocommunication Bureau; at their election, due consideration should be given to equitable geographical distribution amongst the regions of the world and to the principles embodied in No. 93 of this Constitution.

MOD

64

2 Provisions relating to taking up duties, vacancy and re-eligibility are contained in the Convention.

(MOD)

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.

SUP*³

67

MOD

70

2) The Council shall consider broad telecommunication policy issues in accordance with the guidelines given by the Plenipotentiary Conference to ensure that the Union's policies and strategy fully respond to changes in the telecommunication environment.

ADD⁴

70A

2bis) The Council shall prepare a report on the policy and strategic planning recommended for the Union, together with their financial implications, using the specific data prepared by the Secretary-General under No. 74A below.

MOD

74A

b)

prepare, with the assistance of the Coordination Committee, and provide to the Member States and Sector Members, such specific information as my be required for the preparation of a report on the policies and strategic plan for the Union, and coordinate the implementation of the plan; this report shall be communicated to the Member States and Sector Members for review during the last two regularly scheduled sessions of the Council before a plenipotentiary conference;

MOD

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 developed in a transparent manner and shall be open to comment by administrations and, in case of continuing disagreement, the matter shall be submitted to the next world radiocommunication conference;

ADD

ADD

                                                                      CHAPTER IV

                                           A WORKING METHODS OF THE SECTORS

ADD

145A

The radiocommunication assembly, the world telecommunication standardization assembly and the world telecommunication development conference may establish and adopt working methods and procedures for the management of the activities of their respective Sectors. These working methods and procedures must be compatible with this Constitution, the Convention and the Administrative Regulations, and in particular Nos. 246D to 246H of the Convention.

MOD

159D

2ter Expenses incurred by the regional conferences referred to in No. 43 of this Constitution shall be borne:

ADD

159E

a) by all the Member States of the region concerned, in accordance with their class of contribution;

ADD

159F

b) by any Member States of other regions which have participated in such conferences, in accordance with their class of contribution;

ADD

159G

c) by authorized Sector Members and other authorized organizations which have participated in such conferences, in accordance with the provisions of the Convention.

MOD

161E

4) Bearing in mind the draft financial plan as revised, the plenipotentiary conference shall, as soon as possible, determine the definitive upper limit of the amount of the contributory unit and set the date, which shall be a date within the penultimate week of the plenipotentiary conference, by which Member States, upon invitation by the Secretary-General, shall announce their definitive choice of class of contribution.

MOD

                                                                     General Rules of Conferences, Assemblies and Meetings of the Union

MOD

177

1 General Rules of conferences, assemblies and meetings of the Union adopted by the Plenipotentiary Conference shall apply to the preparation of conferences and assemblies and to the organization of the work and conduct of the discussions of conferences, assemblies and meetings of the Union, as well as to the election of Member States of the Council, of the Secretary-General, of the Deputy Secretary-General, of the Directors of the Bureaux of the Sectors and of the members of the Radio Regulations Board.

MOD

178

2 Conferences, assemblies and the Council may adopt such rules as they consider to be essential in addition to those in Chapter II of the General Rules of conferences, assemblies and meetings of the Union. Such addi­tional rules must, however, be compatible with this Constitution, the Convention and the aforesaid Chapter II; those adopted by confer­ences or assemblies shall be published as documents of the conference or assem­bly concerned.

(MOD)

195

1 Member States 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.

MOD

206

In furtherance of complete international coordination on matters affecting telecommunication, the Union should cooperate with international organizations having related interests and activities.

MOD

224

1 Any Member State may propose any amendment to this Constitution. Any such proposal shall, in order to ensure 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, publish any such proposal for the information of all the Member States.

MOD

228

5 Unless specified otherwise in the preceding paragraphs of this Article, which shall prevail, the General Rules of conferences, assemblies and meetings of the Union shall apply.

MOD

238

1 This Constitution and the Convention, adopted by the Additional Plenipotentiary Conference (Geneva, 1992) shall enter into force on 1 July 1994 between Member States having deposited before that date their instrument of ratification, acceptance, approval or accession.

                                                                                                              The Council

(MOD)¹

11

a)when a Member State of the Council does not have a representative in attendance at two consecutive ordinary sessions of the Council;

Members of the Radio Regulations Board

(MOD)

21

2 If, in the interval between two plenipotentiary conferences, a member of the Board resigns or is no longer in a position to perform his duties, the Secretary-General, in consultation with the Director of the Radiocommunication Bureau, shall invite the Member States of the region concerned to propose candidates for the election of a replacement at the next session of the Council. However, if the vacancy occurs more than 90 days before a session of the Council or after the session of the Council preceding the next plenipotentiary conference, the Member State concerned shall designate, as soon as possible and within 90 days, another national as a replacement who will remain in office until the new member elected by the Council takes office or until the new members of the Board elected by the next plenipotentiary conference take office, as appropriate. The replacement shall be eligible for election by the Council or by the Plenipotentiary Conference, as appropriate.

MOD²

22

3 A member of the Radio Regulations Board is considered no longer in a position to perform his duties after three consecutive absences from the Board meetings. The Secretary-General shall, after consultation with the Board's Chairman as well as the member of the Board and the Member State concerned, declare existence of a vacancy in the Board and shall proceed as stipulated in No. 21 above.

MOD

47

7 In the consultations referred to in Nos. 42, 46, 118, 123 and 138 of this Convention and in Nos. 26, 28, 29, 31 and 36 of the General Rules of conferences, assemblies and meetings of the Union, Member States which have not replied within the time-limits specified by the Council shall be regarded as not participating in the consultations, and in consequence shall not be taken into account in computing the majority. If the number of replies does not exceed one-half of the Member States consulted, a further consultation shall take place, the results of which shall be decisive regardless of the number of votes cast.

MOD

57

6 Only the travelling, subsistence and insurance expenses incurred by the representative of each Member State of the Council, belonging to the category of developing countries, the list of which is established by the United Nations Development Programme, in that capacity at Council sessions, shall be borne by the Union.

MOD

60A

9bis A Member State which is not a Member State of the Council may, with prior notice to the Secretary-General, send one observer at its own expense to meetings of the Council, its committees and its working groups. An observer shall not have the right to vote.

ADD³

60B

9ter Sector Members may be represented as observers at meetings of the Council, its committees and its working groups, subject to the conditions established by the Council, including conditions relating to the number of such observers and the procedures for appointing them.

ADD

61A

10bis While at all times respecting the financial limits as adopted by the Plenipotentiary Conference, the Council may, as necessary, review and update the strategic plan which forms the basis of the corresponding operational plans and inform the Member States and Sector Members accordingly.

ADD*⁴

61B

10ter The Council shall adopt its own Rules of Procedure.

ADD

62A

1) receive and review the specific data for strategic planning that is provided by the Secretary-General as noted in No. 74A of the Constitution and, in the last but not ordinary session of the Council before the next plenipotentiary conference, initiate the preparation of a draft new strategic plan for the Union, drawing upon input from Member States, Sector Members and the Sector advisory groups, and produce a coordinated draft new strategic plan at least four month before that plenipotentiary conference;

ADD

62B

1bis) establish a calendar for the development of strategic and financial plans for the Union, and of operational plans for each Sector and for the General Secretariat, so as to allow for the development of appropriate linkage among the plans;

MOD

73

7) review and approve the biennial budget of the Union, and consider the budget forecast (included in the financial operating report prepared by the Secretary-General under No. 101 of this Convention) for the two-year period following a given budget period, taking account of the decisions of the Plenipotentiary Conference in relation to No. 50 of the Constitution and of the financial limits set by the Plenipotentiary Conference in accordance with No. 51 of the Constitution; it shall ensure the strictest possible economy but be mindful of the obligation upon the Union to achieve satisfactory results as expeditiously as possible. In so doing, the Council shall take into account the priorities established by the Plenipotentiary Conference as expressed in the strategic plan for the Union, the views of the Coordination Committee as contained in the report by the Secretary-General mentioned in No. 86 of this Convention and the financial operating report mentioned in No. 101 of this Convention;

MOD

79

13) take any necessary steps, with the agreement of a majority of the Member States, provisionally to resolve questions not covered by the Constitu­tion, this Convention and the Administrative Regulations and which cannot await the next competent conference for settlement;

MOD

81

15) send to Member States, within 30 days after each of its sessions, summary records on the activities of the Council and other documents deemed useful;

MOD

87A

dbis) prepare annually a four-year rolling operational plan of activities to be undertaken by the staff of the General Secretariat consistent with the strategic plan, covering the subsequent year and the following three-year period, including financial implications, taking due account of the financial plan as approved by the plenipotentiary conference; this four-year operational plan shall be reviewed by the advisory groups of all three Sectors, and shall be reviewed and approved annually by the Council;

(MOD)

111

4 A report shall be made of the proceedings of the Coordination Committee and will be made available on request to Member States of the Council.

ADD

129A

1bis The radiocommunication assembly is authorized to adopt the working methods and procedures for the management of the Sector's activities in accordance with No. 145A of the Constitution.

ADD

136A

7) decide on the need to maintain, terminate or establish other groups and appoint their chairmen and vice-chairmen;

ADD

136B

8) establish the terms of reference for the groups referred to in No. 136A above; such groups shall not adopt questions or recommendations.

MOD

137A

4 A radiocommunication assembly may assign specific matters within its competence, except those relating to the procedures contained in the Radio Regulations, to the radiocommunication advisory group indicating the action required on those matters.

MOD

140

2 In addition to the duties specified in Article 14 of the Constitution, the Board shall:

1) consider reports from the Director of the Radiocommunication Bureau on investigations of harmful interference carried out at the request of one or more of the interested administrations, and formulate recommendations with respect thereto;

2) also, independently of the Radiocommunication Bureau, at the request of one or more of the interested administrations, consider appeals against decisions made by the Radiocommunication Bureau regarding frequency assignments.

MOD

141

3 The members of the Board shall participate, in an advisory capacity, in radiocommunication conferences. In this case, they shall not participate in these conferences as members of their national delegations.

ADD

141A

3bis Two members of the Board, designated by the Board, shall participate, in an advisory capacity, plenipotentiary conferences and radiocommunication assemblies. In these cases, the two members designated by the Board shall not participate in these conferences or assemblies as members of their national delegations.

ADD

142A

4bis The members of the Board shall, while in the exercise of their duties for the Union, as specified in the Constitution and Convention, or while on mission for the Union, enjoy functional privileges and immunities equivalent to those granted to the elected officials of the Union by each Member State, subject to the relevant provisions of the national legislation or other applicable legislation in each Member State. Such functional privileges and immunities granted to members of the Board for the purposes of the Union and not for their personal advantage. The Union may and shall withdraw the immunity granted to a member of the Board whenever it considers that such immunity is contrary to the orderly administration of justice and its withdrawal is not prejudicial to the interests of the Union.

MOD

145

2) The Board shall normally hold up to four meetings a year, of up to five days' duration, generally at the seat of the Union, at which at least two-thirds of its members shall be present, and may carry out its duties using modern means of communication. However, if the Board deems necessary, depending upon the matters to be considered, it may increase the number of its meetings. Exceptionally, the meetings may be of up to two weeks' duration.

MOD

160A

1 The radiocommunication advisory group shall be open to representatives of administrations of Member States and representatives of Sector Members and to chairmen of the study groups and other groups, and will act through the Director.

MOD

160C

1) review priorities, programmes, operations, financial matters and strategies related to radiocommunication assemblies, study groups and other groups and the prepa­ration of radiocommunication conferences, and any specific matters as directed by a conference of the Union, a radiocommunication assembly or the Council;

ADD

160CA

1bis) review the implementation of the operational plan of the preceding period in order to identify areas in which the Bureau has not achieved or was not able to achieve the objectives laid down in that plan, and advise the Director on the necessary corrective measures;

ADD

160I

7) prepare a report for the Radiocommunication Assembly on the matters assigned to it in accordance with No. 137A of this Convention and transmit it to the Director for submission to the assembly.

MOD

164

a) coordinate the preparatory work of the study groups and other groups and the Bureau, communicate to the Member States and Sector Members the results of this preparatory work, collect their comments and submit a consolidated report to the conference which may include proposals of a regulatory nature;

MOD

165

b) participate as of right, but in an advisory capacity, in the deliberations of radiocommunication conferences, of the radiocommunication assembly and of the radiocommunication study groups and other groups. The Director shall make all necessary preparations for radiocommunication conferences and meetings of the Radiocommunication Sector in consultation with the General Secretariat in accordance with No. 94 of this Convention and, as appropriate, with the other Sectors of the Union, and with due regard for the directives of the Council in carrying out these preparations;

MOD

169

b) distribute to all Member States the Rules of Procedure of the Board, collect comments thereon received from administrations and submit them to the Board;

MOD

170

c) process information received from administrations in application of the relevant provisions of the Radio Regulations and regional agreements and their associated Rules of Procedure and prepare it, as appropriate, in a form suitable for publication;

MOD

175

3) coordinate the work of the radiocommunication study groups and other groups and be responsible for the organization of that work;

MOD

175B

3ter) take practical measures to facilitate the participation of developing countries in the radiocommunication study groups and other groups.

MOD

180

d) submit to the world radiocommunication conference a report on the activities of the Radiocommunication Sector since the last conference; if a world radiocommunication conference is not planned, a report on the activities of the Sector covering the period since the last confer­ence shall be submitted to the Council and, for information, to Member States and Sector Members;

MOD

181A

f) prepare annually a rolling four-year operational plan that covers the subsequent year and the following three-year period, including financial implications of activities to be undertaken by the Bureau in support of the Sector as a whole; this four-year operational plan shall be reviewed by the radiocommunication advisory group in accordance with Article 11A of this Convention, and shall be reviewed and approved annually by the Council;

ADD

184A

1bis The world telecommunication standardization assembly is authorized to adopt the working methods and procedures for the management of the Sector's activities in accordance with No. 145A of the Constitution.

MOD

187

a) consider the reports of study groups prepared in accordance with No. 194 of this Convention and approve, modify or reject draft recommendations contained in those reports, and consider the reports of the telecommuni­cation standardization advisory group in accordance with Nos. 197H and 197I of this Convention;

ADD

191bis

f) decide on the need to maintain, terminate or establish other groups and appoint their chairmen and vice-chairmen;

ADD

191ter

g) establish the terms of reference for the groups referred to in No. 191bis above; such groups shall not adopt questions or recommendations.

MOD

191B

5 A world telecommunication standardization assembly shall be presided over by a chairman designated by the government of the country in which the meet­ing is held or, in the case of a meeting held at the seat of the Union, by a chairman elected by the assembly itself. The chairman shall be assisted by vice-chairmen elected by the assembly.

MOD

197A

1 The telecommunication standardization advisory group shall be open to representatives of administrations of Member States and representatives of Sector Members and to chairmen of the study groups and other groups.

ADD

197CA

1bis) review the implementation of the operational plan of the preceding period in order to identify areas in which the Bureau has not achieved or was not able to achieve the objectives laid down in that plan, and advise the Director on the necessary corrective measures;

MOD

200

a) update annually the work programme approved by the world telecom­munication standardization assembly, in consultation with the chairmen of the telecommunication standardization study groups and other groups;

MOD

201

b) participate, as of right, but in an advisory capacity, in the deliberations of the world telecommunication standardization assemblies and of the telecommunication standardization study groups and other groups. The Director shall make all necessary preparations for assemblies and meetings of the Telecommuni­cation Standardization Sector in consultation with the General Secretariat in accordance with No. 94 of this Convention and, as appropriate, with the other Sectors of the Union, and with due regard for the directives of the Council concerning these preparations;

MOD

205A

g) prepare annually a rolling four-year operational plan that covers the subsequent year and the following three-year period, including financial implications of activities to be undertaken by the Bureau in support of the Sector as a whole; this four-year operational plan shall be reviewed by the telecommunication standardization advisory group in accordance with Article 14A of this Convention, and shall be reviewed and approved annually by the Council;

ADD

207A

1 The world telecommunication development conference is authorized to adopt the working methods and procedures for the management of the Sector's activities in accordance with No. 145A of the Constitution.

ADD

209A

a bis) decide on the need to maintain, terminate or establish other groups and appoint their chairmen and vice-chairmen;

ADD

209B

a ter) establish the terms of reference for the groups referred to in No. 209A above; such groups shall not adopt questions or recommendations.

MOD

210

b) regional telecommunication development conferences shall consider questions and priorities relating to telecommunication development, taking into account the needs and characteristics of the region concerned, and may also submit recommendations to world telecommunication development conferences;

MOD

213A

3 A telecommunication development conference may assign specific matters within its competence to the telecommunication development advisory group, indicating the recommended action on those matters.

MOD

215C

1 The telecommunication development advisory group shall be open to representatives of administrations of Member States and representatives of Sector Members and to chairmen and vice-chairmen of study groups and other groups.

ADD

215EA

1 bis) review the implementation of the operational plan of the preceding period in order to identify areas in which the Bureau has not achieved or was not able to achieve the objectives laid down in that plan, and advise the Director on the necessary corrective measures.

ADD

215JA

6 bis) prepare a report for the telecommunication development conference on the matters assigned to it in accordance with No. 213A of this Convention and transmit it to the Director for submission to the conference.

MOD

218

a) participate as of right, but in an advisory capacity, in the deliberations of the telecommunication development conferences and of the telecommunication development study groups and other groups. The Director shall make all necessary preparations for conferences and meetings of the Telecommunication Development Sector in consultation with the General Secretariat in accordance with No. 94 of this Convention and, as appropriate, with the other Sectors of the Union, and with due regard for the directives of the Council in carrying out these preparations;

MOD

223A

g) prepare annually a rolling four-year operational plan that covers the subsequent year and the following three-year period, including financial implications of activities to be undertaken by the Bureau in support of the Sector as a whole; this four-year operational plan shall be reviewed by the telecommunication development advisory group in accordance with Article 17A of this Convention, and shall be reviewed and approved annually by the Council;

MOD

SPECIFIC PROVISIONS REGARDING CONFERENCES AND ASSEMBLIES

MOD

Admission to Plenipotentiary Conferences

SUP*⁵

255 to 266

(MOD)

267

1 The following shall be admitted to plenipotentiary conferences:

ADD

268A

b) the elected officials, in an advisory capacity;

ADD

268B

c) the Radio Regulations Board, in accordance with No. 141A of this Convention, in an advisory capacity;

MOD

269

d) observers of the following organizations, agencies and entities:

ADD*

269A

i) the United Nations;

ADD*

269B

ii) regional telecommunication organizations mentioned in Article 43 of the Constitution;

ADD*

269C

iii) intergovernmental organizations operating satellite systems;

ADD*

269D

iv) the specialized agencies of the United Nations and the International Atomic Energy Agency;

ADD*

269E

v) Sector Members referred to in Nos. 229 and 231 of this Convention and organizations of an international character representing them.

ADD*

269F

2 The General Secretariat and the three Bureaux of the Union shall be represented at the conference in an advisory capacity.

MOD

Admission to Radiocommunication Conferences

SUP*

270 to 275

(MOD)

276

1 The following shall be admitted to radiocommunication conferences:

(MOD)

278

b) observers of organizations and agencies referred to in Nos. 269A to 269D of this Convention;

MOD

279

c) observers of other international organizations invited by the government and admitted by the conference in accordance with the relevant provisions of Chapter I of the General Rules of conferences, assemblies and meetings of the Union;

SUP*

281

(MOD)

282

e) observers of Member States participating in a non-voting capacity in a regional radiocommunication conference of a region other than that to which the said Member States belong;

ADD*

282A

f) in an advisory capacity, the elected officials, when the conference is discussing matters coming within their competence, and the members of the Radio Regulations Board.

MOD

Admission to Radiocommunication Assemblies, World Telecommunication Standardization Assemblies and Telecommunication Development Conferences

SUP*

283 to 294

(MOD)

295

1 The following shall be admitted to the assembly or conference:

MOD

297

b) observers of the following organizations and agencies:

SUP*

298

ADD*

298A

i) regional telecommunication organizations mentioned in Article 43 of the Constitution;

ADD*

298B

ii) intergovernmental organizations operating satellite systems;

ADD*

298C

iii) any other regional organization or other international organization dealing with matters of interest to the assembly or conference;

ADD*

298D

iv) the United Nations;

ADD*

298E

v) the specialized agencies of the United Nations and the International Atomic Energy Agency;

ADD*

298F

c) representatives of Sector Members concerned.

ADD

298G

2 The elected officials, the General Secretariat and the Bureaux of the Union, as appropriate, shall be represented at the assembly or conference in an advisory capacity. Two members of the Radio Regulations Board, designed by the Board, shall participate in radiocommunication assemblies in an advisory capacity.

SUP*

                                                                                                             Article 26

                                                                                                             Article 27

                                                                                                            Article 28

                                                                                                             Article 29

                                                                                                             Article 30

SUP*

SUP*

SUP*

SUP*

MOD

334

5 Credentials shall be deposited with the secretariat of the conference as early as possible; to that end, Member States should send their credentials, prior to the opening date of the conference, to the Secretary-General who shall transmit them to the secretariat of the conference as soon as the latter has been established. The committee referred to in No. 68 of General Rules of conferences, assemblies and other meetings of the Union shall be entrusted with the verification thereof and shall report on its conclusions to the Plenary Meeting within the time specified by the latter. Pending the decision of the Plenary Meeting thereon, any delegation shall be entitled to participate in the conference and to exercise the right to vote of the Member State concerned.

MOD

General Rules of Conferences, Assemblies and Meetings of the Union

MOD

339A

1 The General Rules of conferences, assemblies and meetings of the Union are adopted by the Plenipotentiary Conference. The provisions governing the procedure for amending those Rules and the entry into force of amendments are contained in the Rules themselves.

MOD

340

2 The General Rules of conferences, assemblies and meetings of the Union shall apply without prejudice to the amendment provisions contained in Article 55 of the Constitution and in Article 42 of this Convention.

MOD

476

4

1) The organizations referred to in Nos. 269A to 269E of this Convention and other organizations of an international character (unless they have been exempted by the Council, subject to reciprocity) and Sector Members which participate, in accordance with the provisions of this Convention, in a plenipotentiary conference, in a conference, assembly or meeting of a Sector of the Union, or in a world conference on international telecommunications, shall share in defraying the expenses of the conferences, assemblies and meetings in which they participate on the basis of the cost of these conferences and meetings and in accordance with the Financial Regulations. Nevertheless, Sector Members will not be charged separately for their attendance at a conference, assembly or meeting of their respective Sectors, except in the case of regional radiocommunication conferences.

MOD

523

5 Unless specified otherwise in the preceding paragraphs of this Article, which shall prevail, the General Rules of conferences, assemblies and meetings of the Union shall apply.