Regionale Overeenkomst inzake de middengolfomroep in regio 2

Fully respecting the sovereign right of each country to regulate within its territory the broadcasting service in the medium frequency band and to reach special arrangements with such countries as it may consider appropriate, without prejudice to other administrations;

In order to facilitate relations among the Members of Region 2, mutual understanding, and cooperation on broadcasting in the medium frequency band;

In order to improve the utilization of the frequency band allocated to the medium frequency broadcasting service and achieve a satisfactory broadcasting service in all the countries;

Recognizing that all countries have equal rights, and that, in the application of this Agreement, the needs of each country, in particular those of developing countries, shall be fulfilled as far as possible;

Recognizing that the protection of mutually accepted services in a major objective for all countries, attempting thereby to bring about better coordination and the use of more efficient facilities;

the delegates of the Members of the International Telecommunication Union meeting in Rio de Janeiro at a regional administrative conference convened under the provisions of the International Telecommunication Convention (Malaga-Torremolinos, 1973), have adopted, subject to approval by the competent authorities of their respective countries, the following provisions relating to the broadcasting service in Region 2 for the medium frequency band between 535 and 1605 kHz:

Article 1. Definitions

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

Union:The International Telecommunication Union;

Secretary-General:The Secretary-General of the Union;

IFRB:The International Frequency Registration Board;

CCIR:The International Radio Consultative Committee;

Convention:The International Telecommunication Convention;

Radio Regulations:The Radio Regulations supplementing the provisions of the Convention;

Region 2:The geographical area defined in No. 394 of the Radio Regulations, Geneva, 1979;

Master Register:The Master International Frequency Register;

Agreement:This Agreement and its Annexes;

Plan:The Plan and its appendices forming Annex 1 to the Agreement and the modifications introduced as a result of the application of the procedure of Article 4 of the Agreement;

Contracting Member:Any Member of the Union which has approved the Agreement or acceded to it;

Administration:Any governmental department or service responsible for discharging the obligations undertaken in the Convention and the Radio Regulations;

Station:Medium frequency broadcasting station;

Assignment in conformity with the agreement: A frequency assignment appearing in the Plan;

Objectionable interference:The interference caused by a signal that exceeds the maximum permissible field strength within the protected contour, in accordance with the values derived from Annex 2 to the Agreement.

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.

Article 2. Frequency Band

The provisions of the Agreement shall apply to the frequency band 535 to 1605 kHz allocated to the broadcasting service under Article 8 of the Radio Regulations, Geneva, 1979.

Article 3. Execution of the Agreement

3.1. The Contracting Members shall adopt for their stations in Region 2 in the frequency band which is the subject of the Agreement the technical characteristics and standards specified in the Plan.

3.2. The Contracting Members shall not bring into use assignments in conformity with the Agreement, change the technical characteristics of stations specified in the Plan, introduce new assignments in the Plan, or bring new stations into use, except under the conditions set out in Articles 4 and 5 of the Agreement.

3.3. The Contracting Members undertake to study and, in common agreement and to the extent possible, to put into practice the measures necessary to avoid or to reduce any harmful or objectionable interference that might result from the application of the Agreement.

Article 4. Procedure for Modifications to the Plan

4.1. When a Contracting Member proposes to make a modification to the Plan, i.e.:

• -. to change the characteristics of a frequency assignment to a station shown in the Plan, whether or not the station has been brought into use;

• -. to introduce a new assignment into the Plan, or

• -. to bring into use a new station, or

• -. to cancel a frequency assignment to a station,

the following procedure shall be applied before any notification is made under the provisions of Article 12 of the Radio Regulations (see Article 5 of this Agreement).

4.2. Proposals for changes in the characteristics of an assignment, for the introduction of a new assignment or for the bringing into use of a new station

• 4.2.1. Any administration proposing to change the characteristics of an assignment in the Plan, to introduce a new assignment or bring into use a new station shall seek the agreement of any administration that has an assignment in conformity with the Agreement in the same channel or in adjacent channels with a separation up to 30 kHz and that is considered to be adversely affected in accordance with the provisions of 4.2.10 of this Article.

• 4.2.2. Any administration proposing to change the characteristics of an assignment in the Plan, to introduce a new assignment or bring into use a new station shall communicate to the IFRB the information in the form specified in Annex 3 to the Agreement. This information should not be sent earlier than 3 years prior to the proposed date of implementation of such a change or of entry into use of the station corresponding to the new assignment. At the same time, it may request the agreement of the administrations whose assignments in conformity with the Agreement it considers may be adversely affected, sending a copy of the correspondence to the IFRB.

• 4.2.3. In cases not specified in 4.2.14, in order to seek the agreement referred to in 4.2.1, the administration shall at the same time inform the IFRB of the names of the administrations whose agreement it considers should be sought or with which it is attempting to reach an agreement.

• 4.2.4. If the IFRB receives information that is incomplete as regards the characteristics specified in Annex 3 to the Agreement, it shall immediately request the administration by telegram to provide the missing information as soon as possible.

• 4.2.5. The IFRB, after ensuring that the information required in Annex 3 to the Agreement has been provided, shall determine, as soon as possible, by using Annex 2 to the Agreement, those administrations whose assignments in conformity with the Agreement are considered adversely affected as specified in 4.2.10 and shall, as soon as possible, forward the results of its calculations to the administration proposing the modification to the Plan. At the same time, the IFRB shall publish in a special section of its weekly circular the information sent pursuant to 4.2.2 and 4.2.3 listing the names of the administrations concerned.

• 4.2.6. The IFRB shall send the administrations listed in the special section of its weekly circular a telegram informing them of the publication and shall forward the result of its calculations to them.

• 4.2.7. An administration which considers itself entitled to appear on the list of administrations whose frequency assignments have been considered to be adversely affected according to 4.2.10 may, within 60 days from the date of publication, request the IFRB to include it in that list. Also, a copy of the request shall be sent to the administration proposing the modification to the Plan, together with the relevant technical reasons.

• 4.2.8. The IFRB shall also determine: For this purpose, the IFRB shall take into account only those pending modifications which have been received by the Board no more than 180 days before the date of receipt of the modification under consideration. The IFRB shall forward the results of its calculations to the administrations concerned.

• -. the effect of the proposed modification on pending modifications not yet included in the Plan; and

• -. the effect of pending modifications on the proposed modification.

• 4.2.9. The administration proposing a modification shall, in addition to the agreement referred to in 4.2.1, seek the agreement of the administrations whose modifications already received by the IFRB and still pending are considered to be adversely affected in accordance with 4.2.10, but have not been pending longer than 180 days from the date of receipt of the proposed modification by the IFRB in accordance with 4.2.8.

• 4.2.10. Any assignment in conformity with the Agreement shall be considered as adversely affected when appropriate calculations based on Annex 2 indicate that objectionable interference occurs as a result of a proposed modification to the Plan.

• 4.2.11. On receipt of the special section referred to in 4.2.5, the administration whose assignments in conformity with the Agreement might be adversely affected in accordance with 4.2.10 shall give urgent consideration to the proposed modification. If it considers that the proposed modification to the Plan is acceptable, it shall signify its agreement as soon as possible to the administration seeking agreement and shall inform the IFRB accordingly.

• 4.2.12. Should an administration listed in the special section consider that a proposed modification to the Plan is unacceptable, it shall communicate its reasons to the administration seeking agreement within 60 days from the date of publication of the relevant IFRB weekly circular. It may also offer any information or suggestions it deems useful for bringing about a satisfactory solution to the problem. The administration seeking agreement shall endeavour to adapt its requirements as far as possible, having regard to any comments received.

• 4.2.13. Comments from administrations on the information published in accordance with the provisions of 4.2.5 shall be sent either directly to the administration that is proposing the change or through the IFRB. In all cases, the IFRB must be informed.

• 4.2.14. The agreement referred to in paragraph 4.2.1 is not required for a proposed change in the characteristics of an assignment in conformity with the Agreement provided that it entails no increase in the effective monopole radiated power in any direction and if a change in the site of the station is involved this change is limited to 3 km or to 5% of the distance to the nearest point on the border of a neighbouring country up to a maximum of 10 km. The move is referred to the site first registered in the Plan or subsequently registered in the Plan as a result of the application of the provisions of paragraph 4.2.1. In any event the move shall not result in a groundwave contour overlap prohibited under paragraph 4.10.4.2 of Annex 2 to the Agreement. However, no protection will be required beyond the level of protection which was already accepted before the proposed move. If the IFRB finds that the above conditions are met, it shall enter the proposed modification in the Plan and publish the relevant information in a special section of the weekly circular. Administrations intending to modify the Plan in this way may then put its project into effect subject to application of the provisions of Article 5 of the Agreement.

• 4.2.15. Thirty days before the date limit referred to in 4.2.16 for comments, the IFRB shall, by telegram, remind the administrations listed in the special section and which have not already commented of the deadline for making comments.

• 4.2.16. Any administration, whether or not it receives a request under 4.2.2, that has not forwarded its comments to the administration proposing the modification or to the IFRB within a period of 60 days following the date of the weekly circular referred to in 4.2.5, shall be considered as having agreed to the proposed change.

• 4.2.17. If, in seeking agreement, an administration makes changes in its proposal which result in an increase in the effective monopole radiated power in any direction with respect to the initial proposal, it shall again apply the provisions of 4.2.1 and the consequent procedure.

• 4.2.18. If no comments have been received on expiry of the period specified in 4.2.16 or if an agreement has been reached with the administrations that submitted comments, the administration proposing the modification shall inform the IFRB of the final characteristics of the assignment and the names of the administrations with which agreement has been reached.

• 4.2.19. When agreement has been reached with each administration concerned, the assignment shall be entered in the Plan and the status recognized for an assignment in conformity with the Agreement shall apply to the assignment in question. The IFRB shall publish the information received under 4.2.18 in a special section of its weekly circular, indicating the names of the administrations with which the provisions of this Article have been successfully applied.

• 4.2.20. Should the administrations involved fail to reach agreement, the IFRB shall conduct such studies as those administrations may request; the IFRB shall inform the administrations of the result of its studies and shall submit appropriate recommendations for the solution of the problem.

• 4.2.21. Any administration may, during application of the procedure for modification of the Plan or before initiating such procedure, request technical assistance from the IFRB, particularly in seeking the agreement of another administration.

• 4.2.22. When the proposed modification to the Plan involves a developing country, administrations shall seek a solution conducive to the economic development of the broadcasting system of the developing country, giving due consideration to the principles enunciated to this effect in the Preamble to this Agreement.

4.3. Special procedure for modifying the Plan

• 4.3.1. If, after having exhausted all technical possibilities to secure the agreement referred to in 4.2.1 by applying the procedure provided in 4.2.2 to 4.2.21 an administration fails to have its proposed modification entered in the Plan, it may request the IFRB to apply the provisions of the special procedure outlined below.

• 4.3.2. Application of this special procedure may be requested by administrations, in particular those of developing countries, taking into account the need for special consideration to be given to new broadcasting stations in areas where they constitute the first or possibly the second service.

• 4.3.3. The IFRB shall examine the proposed modification to the Plan in order to determine the probability of objectionable interference in the channels of the band. If its finding is unfavourable, the IFRB shall select the channel which offers the best solution and accordingly inform the administration proposing the modification and any other administration whose assignments in conformity with the Agreement may be adversely affected.

• 4.3.4. In order to guarantee the integrity of the technical criteria on which the Plan is based, the IFRB shall make recommendations to the administration proposing the modification for reducing or eliminating the objectionable interference. In any case, these recommendations should cover the following technical solutions:

• -. modification of an assignment entered in the Plan in the name of the administration proposing the modification but not yet put into service;

• -. the use of directional antennas, reduction of the power or change in the site of the transmitter.

• 4.3.5. The administration proposing the modification to the Plan should do all in its power to eliminate any objectionable interference or reduce it to a minimum by adopting the technical solution suggested by the IFRB.

• 4.3.6. If the administration whose assignments inconformity with the Agreement may be adversely affected finds that it can accept the interference caused to those assignments as a result of the technical solution recommended by the IFRB, it shall so inform the Board within 60 days. This administration may otherwise, within the same period, propose to alter the IFRB's recommendations without it having a significant impact on the proposed assignment. If the IFRB finds this acceptable, it shall reformulate its recommendations accordingly and communicate them to the administration seeking the introduction of its assignment into the Plan.

• 4.3.7. If the technical solution in the final form adopted by the administration proposing the modification is in accordance with the additional interference margin permitted under 4.11 of Annex 2, the proposed modification shall be entered in the Plan at the request of the administration concerned. The IFRB shall publish this information in a special section of its weekly circular.

• 4.3.8. A note in the Plan shall indicate that in the examination of proposed modifications to the Plan which may subsequently be submitted, the relevant calculations shall be made with reference to the initial usable field strength value of the other assignments in the same channel, without the assignment in question being considered.

4.4. Settlement of disputes

If, after application of the procedure described in this Article, the administrations concerned are unable to reach agreement, they may resort to the procedure established in Article 50 of the Convention. The administrations also may apply, by common agreement, the Optional Additional Protocol to the Convention.

4.5. Cancellation of an assignment

When an administration decides to cancel an assignment in conformity with the Agreement, it shall immediately notify the IFRB, which shall publish the cancellation in a special section of its weekly circular.

4.6. Assignments recorded in the Plan but not brought into service

• 4.6.1. The IFRB shall consult the administration concerned with regard to the advisability of cancelling assignments recorded in the Plan or introduced into the Plan pursuant to the provisions of this Article, but not brought into service within four years of the date of inclusion of the assignment in the Plan. If the administration agrees, the IFRB shall publish the cancellation in a special section of the weekly circular.