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Due Diligence

ITU Regulations Board Recommendations to WRC-12 Aim for Tighter Procedures

GENEVA -- The Radio Regulations Board is putting the finishing touches on recommendations to the WRC-12 aimed at tightening the use of “reliable information” to improve maintenance of the ITU master register and world plans, according to a copy of a draft report by the board that we obtained. Radiocommunication Bureau consultations with administrations have resulted in a number of cancellations, suspensions and suppressed satellite frequency assignments, it said. The board reviewed some of the bureau’s actions under a routine procedure. Recommendations in the report may be revised next year. Satellite executives have said networks’ squatting on underused resources works against developing countries, established operators and direct-to-home services. Proposed stricter measures are aimed at aligning the master register more closely with reality.

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The report deals with due diligence provisions in applying the principles in the ITU constitution, namely using the least spectrum resources to provide needed services adequately. A provision said countries should use the latest technical advances as soon as possible to achieve the aim. Limited radio spectrum, geostationary and other satellite orbits must be used rationally, efficiently and economically to spur fair access, another provision said. The board didn’t study the financial effects of possible changes to the procedures for notification, coordination and registration resulting from the implementation of the draft recommendations. The current effort started before 1997.

There are no rules of procedure to carry out Article 13.6, a regulatory provision on the use of “reliable information” to maintain the master register and world plans -- specifically in dealing with cases when a recorded assignment appears not to be in regular operation or is used in contradiction to notified characteristics. Administrations sometimes request cancellation of other administrations’ frequency assignments or satellite networks based on doubts about whether the resources were brought into use or if they have been continuously operated, the report said.

Requests usually cite information posted on websites of launch providers, satellite manufacturers or operators, the report said. They also use data from public, real-time satellite tracking databases, or privately collected monitoring information. Administrations also sometimes ask for clarification. The bureau in 2009 consulted publicly available information to support efforts it was making to remove unused satellite networks and frequency assignments from the master register (CD May 4/09 p5). The bureau later consulted individually with administrations on satellite network filings that may not correspond to operating satellites for the 3-7, 10-14 and 17-30 GHz bands.

Carrying out the provisions may raise several questions, the draft report said, referring to the definitions of “reliable information,” and “brought into regular operation.” It also raised questions about what constitutes a response to an administration’s inquiry, suspension of use of a recorded space station assignment, necessary communications by the bureau, the process of bureau cancellation and confirmation by the regulations board, and agreement by the administration affected. The regulations board endorsed the bureau’s consultation with administrations based on reliable information, the report said, noting that reliable information is not the same as verified or definitive. The board doesn’t see the need for additional recommendations or provisions on use of “reliable” information. Measurements from internationally recognized monitoring stations could help reconcile conflicting information and ultimately lead to more-effective use of the radio frequency spectrum and satellite orbits, it said.

Neither the Radio Regulations nor the rules of procedure have a clear definition of what constitutes the regular operation of assignments in a satellite network, the draft report said. The board hasn’t recommend precise definitions of regular operation. Setting rigid criteria would add difficulties and appeals, not reduce them, the draft report said. It recommended modifying the provision to better answer an administration’s inquiry into whether and when the network has been brought into use in accordance with the notified characteristics, and whether the network has been in regular operation since it was brought into use. The bureau’s response to an inquiry can result in cancellation, modification or retention of an entry in the master register, the draft report said. Action is based on the reliable information and agreement by the notifying administration. The bureau decides whether to cancel, modify or retain an entry in the register in cases where the notifying administration fails to respond to required information notices with confirmation provided by the board.

The report offers two choices for possible revisions to Article 13.6 on the possible cancellation of a recorded assignment that appears to have not been brought into regular operation in accordance with the notified required characteristics. Both choices involve the bureau’s requesting clarification from the notifying administration before acting. Both also appear to slightly reduce the times before the bureau can act, but the timetables haven’t been agreed on. The current schedules probably take into account postal delivery no longer used for transmitting notices.

The board also recommended that the WRC-12 consider tightening Article 11.49 to align an administration’s notification to the bureau better with the start of an allowed two-year suspension in regular use of a recorded assignment to a space station, the draft text said. The board recommended that the regulations change to require administrations to tell the bureau of suspended assignments no more than six months later, draft text said. The recommendation is in line with the findings from an ITU special committee on regulatory matters.