1 Some important points on Regulatory Issues discussed at the second meeting of the Sub- working Group of RPG 1.Regulatory text for the new regional Agreement The Group reviewed Contributions proposing draft example regulatory texts for the new regional Agreement,. A new draft example regulatory text for Articles 4 and 5 has been developed under the following assumptions: a)Article 4 procedures are based on Option 3 of the Report of the WP RPG (i.e. administrations shall seek the agreement of other administrations either directly or, when this is not possible, by applying the procedure contained in this Article). Advantage(s):–The new Article 4 will benefit from all positive elements and aspects of ST61 and GE89 agreements.

2 Some important points on Regulatory Issues Sub-working Group of RPG b)Identification of affected administrations Approach 1 With regard to the protection of the broadcasting service, the identification by the BR of administrations affected either by a modification to the Plans or by a new or modified assignment to other primary terrestrial services is based on their territory (i.e. when the protection thresholds are exceeded at any point of the territory of this Administration) and not on their broadcasting assignments/allotments.

3 Some important points on Regulatory Issues Sub-working Group of RPG Effect of the approach : - This will preserve the right of administrations to whom the coordination requested has been addressed in allowing these administrations to further develop their broadcasting networks within their territory; consequently, it is proposed that no time limit apply for the bringing into use of modifications to the Plans. - A coordination request could be rejected by an Administration even if it has no affected assignments or allotments in the Plan or under the procedure of Article 4. - Conservative criteria for the identification of affected administrations (e.g. by not taking into account any terrain profile) could have more impact in requiring unnecessary coordinations - Conservative criteria for the identification of affected administrations (e.g. by not taking into account any terrain profile) could have more impact in requiring unnecessary coordinations

4 Some important points on Regulatory Issues Sub-working Group of RPG Approach 2 With regard to the protection of the broadcasting service, the identification by the BR of administrations affected either by a modification to the Plans or by a new or modified assignment to other primary terrestrial service is based on their assignments/allotments together with a time limit for the bringing into use of the new or modified assignments/allotments.

5 Some important points on Regulatory Issues Sub-working Group of RPG Effect of the approach : - Objection to a request for coordination will be based on technical sound reasons. - It may not preserve the right of all administrations to further develop their broadcasting networks within their territory.

6 Some important points on Regulatory Issues Sub-working Group of RPG 3.The digital plan is self-compatible, i.e. all the allotments/assignments in the digital Plan are compatible with one another, either technically or by administrative declarations.

7 Some important points on Regulatory Issues Sub-working Group of RPG Effect of this assumption : - Incompatible digital requirements which will not be coordinated at the Conference will not be included in the Plan (or in a list attached to the Plan) and thus will not hamper forthcoming modifications of the Plan (it is understood that Article 4 may also apply for these incompatible digital requirements). -Limiting the digital Plan to compatible allotments/assignments would encourage administrations not to request excessive requirements at the Conference (equitable access). - Administrations may not be able to complete the coordination of incompatible digital requirements at the Conference.

8 Some important points on Regulatory Issues Sub-working Group of RPG 4.Use of broadcasting assignments with characteristics within the envelope of an entry in the Plans (e.g. with a reduced effective radiated power, or a reduced effective antenna height, or with other changes which would not increase the level of interference to nor require more protection from services of other countries is dealt with in Article 5. 5.Proposing a time limit to complete the coordination procedure in order to avoid continuous/multiple modifications without any intention to complete coordination. 6.Protection of the Plans and its evolution from BSS and MSS will be ensured through appropriate regulatory provisions/procedures. 7.Use of assignments stemming from an allotment is dealt with in Article 5.

9 Some important points on Regulatory Issues Sub-working Group of RPG 8.Article 5 Approach 1 To have a notification Article containing a cross reference to Article 11 of the RR and addressing the conversion of an allotment into one or several assignments. Under this approach, only successfully coordinated assignments or assignments within the envelope of a Plan entry are considered as in conformity with the Agreement and thus can be recorded in the MIFR with a favourable finding. Consequently, there may be a need for RRC-06 to resolve that the Rule of Procedure on No does not apply with respect to the GE06 Agreement. For the sake of minimizing the actions by WRC-07 and to avoid a possible inconsistency until modifications of Article 11 may be adopted by WRC-07, it is proposed that Article 5 refer to Article 11 of the Radio Regulations.

10 Some important points on Regulatory Issues Sub-working Group of RPG 8.Article 5 (contd) Approach 2 To have a self contained Article addressing the conversion of an allotment into one or several assignments

11 Some important points on Regulatory Issues Sub-working Group of RPG 9.Digital allotments/assignments in the Plan that are incompatible with existing or planned analogue assignments and with existing or planned assignments to other primary terrestrial services, as determined by RRC-06, will bear a remark in the digital Plan indicating that coordination needs to be effected before the digital station is brought into use. 10.Only coordinated assignments/allotments with all concerned administrations can be brought into use; however no agreement has been reached on this assumption.

12 Some important points on Regulatory Issues Sub-working Group of RPG The draft example regulatory text doesnt reflect, at this stage, the views of all administrations. Other alternative example texts could be developed under different assumptions, e.g.: - Use of broadcasting assignments with characteristics within the envelope of an entry in the Plans (e.g. with a reduced effective radiated power, or a reduced effective antenna height, or with other changes which would not increase the level of interference to nor require more protection from services of other countries) is dealt with in Article 4. - Use of assignments stemming from an allotment is dealt with in Article 4. Some administrations made a reservation on the principle of an implicit agreement in general, therefore they do not agree to a modification to the Plan if no response is given within a certain period of time, as proposed in § and § of the draft example text for Article 4.

13 Some important points on Regulatory Issues Sub-working Group of RPG 11.Revision of the ST61 and GE89 Agreements SWG-1 reviewed Document 6 developed by the Bureau, in close cooperation with the Legal Affairs Unit of the ITU, which provides a possible version of the draft Final Acts of the Conference for the revision of the Stockholm 1961 Agreement, limiting the revision to the minimum necessary, i.e. the abrogation of the relevant parts of ST61. A draft example text is proposed in Attachment 2 to this report. Similar approach will be used to develop the draft Final Acts of the Conference for the revision of the Geneva 1989 Agreement