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84 EXPANDING GLOBAL COMMUNICATIONS SERVICESSatellites” (see page 74), I can be rather short.Leaving aside here, as Lyall himself does, the“cost-recovery fee for the processing ofnotifications of satellite systems”, I whole-heartedlysupport his suggestion that “it would be wise wereUNISPACE III to stress the importance that statesfulfil properly and fully their internationalobligations”, whereas I disagree with him in that “alist of putative offenders would be salutary”. Sucha list (who should draw it up and publish it?)would in my view be counterproductive, politicallyunacceptable and even superfluous, since any“offenders” will be very quickly known by allinterested circles, as the “Tonga-case” has amplydemonstrated!11. As far as “Cost Recovery” (see page 75) isconcerned, my only comment is that I find itsurprising that Lyall in his discussion paper and itsfootnote 33 refers only to Resolution 91(previously numbered PLEN/4) of the 1998Minneapolis PC, dealing generally with “CostRecovery for Some ITU Products and Services”and not to the much more specific and in ourcontext more important Resolution 88 (previouslynumbered COM5/21) adopted by the same PC onthe “Implementation of Processing Charges forSatellite Network Filings and AdministrativeProcedures”. As I have dealt with the latter and itsrelation to Resolution 91 at length in paragraphs 35to 37 of my paper entitled “The Space Law RelatedRole, Activities and Contributions of the ITU in theLast Decade of the 20th Century” and presented toECSL 3rd Colloquium at Perugia/Italy (5-7 May1999), which will be before the UNISPACE IIIConference, I shall not repeat what is stated thereand make only reference thereto. But it is certainlyof interest to this audience to learn that the ITUCouncil, at its most recent, annual session in June1999 has, in conformity with the instructions givento it by the 1998 PC, taken concrete measures forthe practical application of this officially, newlyintroduced concept of Cost Recovery, in particularfor satellite network filings. It adopted its (sevenpages!) Decision 482 an the “Implementation ofCost Recovery for Satellite Network Filings” withits Annex A containing the “Schedule of processingcharges to be applied to network satellite networkfilings received by the Radiocommunication Bureauafter 7 November 1998” and its Annex Bcontaining the “Methodology” used and to be used.In the context of the present comments, it isobviously impossible to enter into details of thisepoch-making decision; I shall do so elsewhere inappropriate depth. However, a brief over-all idea ofthis landmark is appropriate here. The ITU Councildecided that the satellite (s.) network (n.) filings(fs.) as identified by Resolution 88 of the 1998 PC(see here above; a s.n. consists of one geostationarys., or one or more non-geostationary ss, and one ormore cooperating stations, see Nos. S 1.111 andSI. 112 and Appendix S4 of the RR) shall besubject to the “charges” set out in Annex A to thisdecision. Therein, nine (9) different “categories” ofs.n.fs. are, first briefly and then meticulously,described in detail, with reference to both the new“S” Articles and the old Articles of the RR. Foreach f. a “flat fee” is given in Swiss Francs, reaching from 1’200.— to 17’500.— maximum, to givehere a rough idea only. In the next column figuresthe number of pages in each category covered bythat flat fee, reaching from 7 to 34 pages. The lastcolumn states in Swiss Francs the “additionalcharge per excess page for publications with morethan the number of pages indicated in the precedingcolumn”, reaching from 100.— to 1’750.— SwissFrancs. Whereas there will be no cost recoverycharges for any n. for which the API or the requestfor modification to a plan was received prior to7/11/98, except for modifications to these nscommunicated to the Radiocommunication Bureauafter 7/11/98, or changes to the request formodification to the plan, which shall be subject toan additional charge per excess page “if theircumulative number of pages exceeds three times thenumber of pages indicated in Annex A at the timeof the original publication”. Payment of suchcharges, to be made on the basis of an invoice tothe notifying administration or, at the request ofthat administration, to the s. n. operator in question,after publication of the related special section,within a period of six months after issue of theinvoice or by 1 September 2000, whichever is thelater. Administrations shall be invoiced accordingto the charges (which the Council may change) inforce at the date of publication of their respective
EXPANDING GLOBAL COMMUNICATIONS SERVICES 85ns. For more ample details of this sophisticatedsystem, interested parties may get the full text ofDecision 482 by ordering Document C99/94 dated22 June 199 from the ITU Sales Section (Place desNations, CH -1211 Geneva 20, Switzerland;telefax: +41 22 730 51 94; e-mail: sales itu. int;http://www.itu.int/publications). Frank Lyall'ssuggestion that “UNISPACE III should welcomethis financial realism and perhaps advocate itsadoption elsewhere in the UN system in appropriateinstances” merits certainly to be pursued, but withemphasis on “appropriate instances”, i.e. withcaution and on a case by case basis, each case to beconsidered carefully as to whether or not it lendsitself for the application of this concept, which cannot become a principle to be applied generally.12. Lyall’s view of how the “Implied-Powers”concept (see page 75) could have been applied bythe IFRB and subsequently theRadiocommnunication Bureau and the RRB isquite interesting, though very far reaching and evenquestionable. To decline the acceptance of Tonga’snumerous notifications for reason of its “abuse ofthe notification system” by a treaty organ notspecifically empowered to render such an “abuse”-judgement and to draw such consequence of nonacceptanceis stretching the implied-powers conceptvery far. In the long run, the more cautiousapproach taken by the ITU bodies has, in my view,not been “wrong and weakening of ITU authority”(Lyall), but rather prudent and successful, as it hasprepared well the terrain for the final adoption bythe ITU’s supreme organ, namely the 1998 PC, ofthe dual and complementary concepts of both the“administrative due diligence”, by its Resolution 85(previously numbered COM5/11; see in this respectmy paper already referred to in paragraph 11above, in particular paragraphs 24 to 27 and 34therein), and the “cost recovery”, by its Resolutions91 and 88, both concepts being now generallyapplicable and going thus far beyond settling onesingle case of system-abuse by one Member State.13. Turning now immediately to the matter of“Allocations” (see page 76), Lyall’s call, in thisrespect and with reference to the “swift technicaladvances”, for “a general review of Allocations...in the light of modem requirements” and for“more rational allocations” which “would better fitpresent needs” is quite understandable and justified.The 1995 and 1997 ITU World Radio Conferences(WRCs) have tried hard in this direction and havealso brought about appreciable results in thisrespect, but they have also demonstrated theproblems and difficulties, as Lyall himself admits.A general review of the current ‘Table ofFrequency Allocations” as contained in Article S5of the last revision of the Radio Regulations (RR)and provisionally applicable only since 1 January1999 would require from all concerned anenormous preparatory work requiring considerabletime, manpower and money and could certainly notmaterialize “swiftly”, even without any “dragstemming from manufacturers” desirous “to recouptheir investment” made “on the basis ofknown allocations to particular services” (Lyall).There also remains the other, additionalconsideration that what would tomorrow be newlyand rationally allocated might be “swiftly” becomeout-dated a few month or years later - just becauseof the “swift technical advances”! Of course, thisshould not prevent from attacking a general andthorough review of the existing frequencyallocations, and it can only be hoped that theforthcoming WRC in 2000 will set the startingsignal for this gigantic exercise!14. Lyall’s philosophy with regard to “first come firstserved v. engineering” is most fascinating and hassome truth in it. But “the ‘first come’ concept”alone is - in a both policy and political perspective -not acceptable anymore to the majority of theTTUMember States and has precisely led to the“planning-exercise”, which resulted in the1985/1988 Plan adopted by the 1988 WARC-ORB. After 10 years of its existence, it is quiteobvious and undeniable that this Plan does notcorrespond to and satisfy anymore the needs of allconcerned, although the “growth in the number ofstates” since 1988 was not so enormous. It wasrather the change in the use and the nature of theservices now offered to the general public as directto-hometelevision which brought that plan out-ofdateand created a need for a re-planning.Therefore, the WRC-97 adopted a new BSS Plan in
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ST/SPACE/2Office for Outer Space Af
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IntroductionThe Workshop on Space L
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CONCLUSIONS AND PROPOSALS OF THEWOR
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SESSION ONEExisting United Nations
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EXISTING UNITED NATIONS TREATIES: S
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SESSION SIXExpanding Global Navigat
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POSSIBLE INTERNATIONAL REGULATORY F
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SESSION EIGHTMaintaining the Space
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MAINTAINING THE SPACE ENVIRONMENT 1
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220Session 3: Wednesday. 21 July. 1
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223Annex IITHIRD UNITED NATIONS CON
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225No Name Address E-Mail27. Ersfel
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