Constitution of the International Telecommunication Union (ITU) [*]
Date enacted: 1992-12-22
In force: 1994-07-01
Content
- Chapter I - Basic provisions
- Chapter II - Radiocommunication Sector
- Chapter III - Telecommunication Standardization Sector
- Chapter IV - Telecommunication Development Sector
- Chapter V - Other provisions concerning the functioning of the Union
- Charter VI - General provisions relating to telecommunications
- Chapter VII - Special provisions for radio
- Chapter VIII - Relations with the United Nations, other international organizations and non-member states
- Chapter IX - Final provisions
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
1. |
The purposes of the Union are: |
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2. |
To this end, the Union shall in particular: |
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Article 2
Composition of the Union
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:
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; |
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; |
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
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. |
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2. |
Rights of Member States in respect of their participation in the conferences, meetings and consultations of the Union are: |
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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: |
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Article 4
Instruments of the Union
1. |
The instruments of the Union are: |
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2. |
This Constitution, the provisions of which are complemented by those of the Convention, is the basic instrument of the Union. |
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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: |
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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
Unless the context otherwise requires:
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; |
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; |
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
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. |
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
The Union shall comprise:
a. |
the Plenipotentiary Conference, which is the supreme organ of the Union; |
b. |
the Council, which acts on behalf of the Plenipotentiary Conference; |
c. |
world conferences on international telecommunications; |
d. |
the Radiocommunication Sector, including world and regional radiocommunication conferences, radiocommunication assemblies and the Radio Regulations Board; |
e. |
the Telecommunication Standardization Sector, including world telecommunication standardization assemblies; |
f. |
the Telecommunication Development Sector, including world and regional telecommunication development conferences; |
g. |
the General Secretariat. |
Article 8
Plenipotentiary Conference
1. |
The Plenipotentiary Conference shall be composed of delegations representing Member States. It shall be convened every four years. |
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2. |
On the basis of proposals by Member States and taking account of reports by the Council, the Plenipotentiary Conference shall: |
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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: |
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Article 9
Principles concerning elections and related matters
1. |
The Plenipotentiary Conference, at any elections referred to in Nos. 54 to 56 of this Constitution, shall ensure that: |
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2. |
Provisions relating to taking up duties, vacancy and re-eligibility are contained in the Convention. |
Article 10
The Council
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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. |
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Article 11
General Secretariat
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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
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2. |
The Radiocommunication Sector shall work through: |
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3. |
The Radiocommunication Sector shall have as members: |
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Article 13
Radiocommunication Conferences and Radiocommunication Assemblies
1. |
A world radiocommunication conference may partially or, in exceptional cases, completely, revise the Radio Regulations and may deal with any question of a worldwide character within its competence and related to its agenda; its other duties are specified in the Convention. |
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. |
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. |
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
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. |
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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. |
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2. |
The duties of the Radio Regulations Board shall consist of: |
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3. |
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4. |
The working methods of the Radio Regulations Board are defined in the Convention. |
Article 15
Radiocommunication Study Groups and Advisory Group
The respective duties of the radiocommunication study groups and advisory group are specified in the Convention.
Article 16
Radicommunication Bureau
The functions of the Director of the Radiocommunication Bureau are specified in the Convention.
Chapter III - Telecommunication Standardization Sector
Article 17
Functions and structure
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2. |
The Telecommunication Standardization Sector shall work through: |
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The Telecommunication Standardization Sector shall have as members: |
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Article 18
World Telecommunication Standardization Assemblies
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2. |
The Telecommunication Standardization Sector shall work through: |
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The Telecommunication Standardization Sector shall have as members: |
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Article 19
Telecommunication standardization study groups and Advisory Group
The respective duties of the telecommunication standardization study groups and advisory group are specified in the Convention.
Article 20 Telecommunication Standardization Bureau
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
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2. |
Within the foregoing framework, the specific functions of the Telecommunication Development Sector shall be to: |
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3. |
The Telecommunication Development Sector shall work through: |
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The Telecommunication Development Sector shall have as members: |
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Article 22
Telecommunication development conferences
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. |
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2. |
Telecommunication development conferences shall comprise: |
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3. |
There shall be, between two Plenipotentiary Conferences, one world telecommunication development conference and, subject to resources and priorities, regional telecommunication development conferences. |
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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. |
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5. |
The duties of telecommunication development conferences are specified in the Convention. |
Article 23
Telecommunication Development Study Groups and Advisory Group
The respective duties of telecommunication development study groups and advisory group are specified in the Convention.
Article 24
Telecommunication Development Bureau
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
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. |
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
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. |
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
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2. |
The paramount consideration in the recruitment of staff and 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
1. |
The expenses of the Union shall comprise the costs of: |
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2. |
The expenses of the Union shall be met from: |
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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. |
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2ter. |
Expenses incurred by the regional conferences referred to in No. 43 of this Constitution shall be borne: |
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3ter. | |||||||||||||
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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. |
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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. |
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5ter. |
Member States and Sector Members may at any time choose a class of contribution higher than the one already adopted by them. |
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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. |
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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. |
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10. |
Specific provisions governing the financial contributions by Sector Members and by other international organizations are contained in the Convention. |
Article 29
Languages
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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
The seat of the Union shall be at Geneva.
Article 31
Legal capacity of the Union
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
General rules of conferences, assemblies and meetings of the Union
1. |
The 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. |
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. |
Charter VI - General provisions relating to telecommunications
Article 33
The right of the public to use the international telecommunication service
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
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. |
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
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
Member States accept no responsibility towards users of the international telecommunication services, particularly as regards claims for damages.
Article 37
Secrecy of telecommunications
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. |
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
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. |
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. |
3. |
Member States shall safeguard these channels and installations within their jurisdiction. |
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. |
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
In order to facilitate the application of the provisions of Article 6 of this 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
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
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
Stoppage of telecommunications
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 Member States in general. Such arrangements, however, shall not be in conflict 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
Member States reserve the right to convene regional conferences, to make regional arrangements and to form regional organizations, for 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
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. |
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
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. |
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. |
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
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
Member States agree to take the steps required to prevent the transmission or circulation of false or deceptive distress, urgency, safety or identification signals, and to collaborate in locating and identifying stations under their jurisdiction transmitting such signals.
Article 48
Installations for national defence services
1. |
Member States retain their entire freedom with regard to military radio installations. |
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. |
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
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
In furtherance of complete international coordination on matters affecting telecommunication, the Union should cooperate with international organizations having related interests and activities.
Article 51
Relations with non-member states
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
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. |
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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
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. |
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. |
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
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. |
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. |
2bis. |
The Administrative Regulations referred to in No. 216 above shall remain in force, 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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
7. |
The Secretary-General shall inform Member States promptly of any notification received pursuant to this Article. |
Article 55
Provisions for amending this Constitution
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. |
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. |
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. |
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. |
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. |
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. |
7. |
The Secretary-General shall notify all Member States of the deposit of each instrument of ratification, acceptance, approval or accession. |
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. |
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
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. |
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. |
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
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. |
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
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. |
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). |
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. |
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. |
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
For the purpose of the above instruments of the Union, the following terms shall have the meanings defined below:
Member State: A State which is considered to be a Member of the International Telecommunication Union in application of Article 2 of this Constitution.
Sector Member: An entity or organization authorized in accordance with Article 19 of the Convention to participate in the activities of a Sector.
Administration: Any governmental department or service responsible for discharging the obligations undertaken in the Constitution of the International Telecommunication Union, in the Convention of the International Telecommunication Union and in the Administrative Regulations.
Harmful Interference: Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with the Radio Regulations.
Public Correspondence: Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission.
Delegation: The totality of the delegates and, should the case arise, any representatives, advisers, attachés, or interpreters sent by the same Member State.
Each Member State 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 attachés, persons belonging to any entity or organization authorized in accordance with the relevant provisions of the Convention.
Delegate: A person sent by the government of a Member State to a plenipotentiary conference, or a person representing a government or an administration of a Member State at another conference or at a meeting of the Union.
Operating Agency: Any individual, company, corporation or governmental agency which operates a telecommunication installation intended for an international telecommunication service or capable of causing harmful interference with such a service.
Recognized Operating Agency: Any operating agency, as defined above, which operates a public correspondence or broadcasting service and upon which the obligations provided for in Article 6 of this Constitution are imposed by the Member State in whose territory the head office of the agency is situated, or by the Member State which has authorized this operating agency to establish and operate a telecommunication service on its territory.
Radiocommunication: Telecommunication by means of radio waves.
Broadcasting Service: A radiocommunication service in which the transmissions are intended for direct reception by the general public. This service may include sound transmissions, television transmissions or other types of transmission.
International Telecommunication Service: The offering of a telecommunication capability between telecommunication offices or stations of any nature that are in or belong to different countries.
Telecommunication: Any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems.
Telegram: Written matter intended to be transmitted by telegraphy for delivery to the addressee. This term also includes radiotelegrams unless otherwise specified.
Government Telecommunications: Telecommunications originating with any:
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Head of State; |
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Head of government or members of a government; |
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Commanders-in-Chief of military forces, land, sea or air; |
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diplomatic or consular agents; |
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the Secretary-General of the United Nations; Heads of the principal organs of the United Nations; |
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the International Court of Justice, |
or replies to government telecommunications mentioned above.
Private Telegrams: Telegrams other than government or service telegrams.
Telegraphy: A form of telecommunication in which the transmitted information is intended to be recorded on arrival as a graphic document; the transmitted information may sometimes be presented in an alternative form or may be stored for subsequent use.
Note: A graphic document records information in a permanent form and is capable of being filed and consulted; it may take the form of written or printed matter or of a fixed image.
Telephony: A form of telecommunication primarily intended for the exchange of information in the form of speech.
[*] |
As amended Kyoto 1994; Minneapolis 1998-11-06, in force 2000-01-01; Marrakesh 2002, in force 2004-01-01; and Antalya 2006-11-24. The International Telecommunications Union dates back to 1865, when 20 countries jointly signed the framework agreement at the International Telegraph Convention. In 1932, the Telegraph Union merged the 1865 International Telegraph Convention and the 1906 International Radiotelegraph Convention into one agreement called the International Telecommunications Convention, and in 1934 it changed its name to the International Telecommunications Union (ITU). |