CHAPTER I. BASIC PROVISIONS
Article 1. Purposes of the Union
2 1. The purposes of the Union are:
3 PP-98 a) to maintain and extend international cooperation among all its Member States for
the improvement and rational use of telecommunications of all kinds;
3A PP-98 abis) to promote and enhance participation of entities and organizations in the activities
of the Union and foster fruitful cooperation and partnership between them and Member
States for the fulfilment of the overall objectives as embodied in the purposes of
the Union;
4 PP-98 b) to promote and to offer technical assistance to developing countries in the field
of telecommunications, and also to promote the mobilization of the material, human
and financial resources needed for its implementation, as well as access to information;
5 c) to promote the development of technical facilities and their most efficient operation
with a view to improving the efficiency of telecommunication services, increasing
their usefulness and making them, so far as possible, generally available to the public;
6 d) to promote the extension of the benefits of the new telecommunication technologies
to all the world's inhabitants;
7 e) to promote the use of telecommunication services with the objective of facilitating
peaceful relations;
8 PP-98 f) to harmonize the actions of Member States and promote fruitful and constructive
cooperation and partnership between Member States and Sector Members in the attainment
of those ends;
9 g) to promote, at the international level, the adoption of a broader approach to
the issues of telecommunications in the global information economy and society, by
cooperating with other world and regional intergovernmental organizations and those
non-governmental organizations concerned with telecommunications.
10 2. To this end, the Union shall in particular:
11 PP-98 a) effect allocation of bands of the radio-frequency spectrum, the allotment of radio
frequencies and the registration of radiofrequency assignments and, for space services,
of any associated orbital position in the geostationary-satellite orbit or of any
associated characteristics of satellites in other orbits, in order to avoid harmful
interference between radio stations of different countries;
12 PP-98 b) coordinate efforts to eliminate harmful interference between radio stations of
different countries and to improve the use made of the radio-frequency spectrum for
radiocommunication services and of the geostationary-satellite and other satellite
orbits;
13 c) facilitate the worldwide standardization of telecommunications, with a satisfactory
quality of service;
14 PP-98 d) foster international cooperation and solidarity in the delivery of technical assistance
to the developing countries and the creation, development and improvement of telecommunication
equipment and networks in developing countries by every means at its disposal, including
through its participation in the relevant programmes of the United Nations and the
use of its own resources, as appropriate;
15 e) coordinate efforts to harmonize the development of telecommunication facilities,
notably those using space techniques, with a view to full advantage being taken of
their possibilities;
16 PP-98 f) foster collaboration among Member States and Sector Members with a view to the
establishment of rates at levels as low as possible consistent with an efficient service
and taking into account the necessity for maintaining independent financial administration
of telecommunications on a sound basis;
17 g) promote the adoption of measures for ensuring the safety of life through the cooperation
of telecommunication services;
18 h) undertake studies, make regulations, adopt resolutions, formulate recommendations
and opinions, and collect and publish information concerning telecommunication matters;
19 i) promote, with international financial and development organizations, the establishment
of preferential and favourable lines of credit to be used for the development of social
projects aimed, inter alia, at extending telecommunication services to the most isolated
areas in countries.
19A PP-98 j) promote participation of concerned entities in the activities of the Union and
cooperation with regional and other organizations for the fulfilment of the purposes
of the Union.
Article 2. Composition of the Union
20 PP-98 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:
21 PP-98 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;
22 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;
23 PP-98 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. PP-98 Rights and Obligations of Member States and Sector Members
24 PP-98 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.
25 PP-98 2. Rights of Member States in respect of their participation in the conferences,
meetings and consultations of the Union are:
26 PP-98 a) all Member States shall be entitled to participate in conferences, shall be eligible
for election to the Council and shall have the right to nominate candidates for election
as officials of the Union or as members of the Radio Regulations Board;
27 PP-98 b) subject to the provisions of Nos. 169 and 210 of this Constitution, each Member
State shall have one vote at all plenipotentiary conferences, all world conferences
and all Sector assemblies and study group meetings and, if it is a Member State of
the Council, all sessions of that Council. At regional conferences, only the Member
States of the region concerned shall have the right to vote;
28 PP-98 c) subject to the provisions of Nos. 169 and 210 of this Constitution, each Member
State shall also have one vote in all consultations carried out by correspondence.
In the case of consultations regarding regional conferences, only the Member States
of the region concerned shall have the right to vote.
28A PP-98 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:
28B PP-98 a) they may provide chairmen and vice-chairmen of Sector assemblies and meetings
and world telecommunication development conferences;
28C PP-98 b) they shall be entitled, subject to the relevant provisions of the Convention and
relevant decisions adopted in this regard by the Plenipotentiary Conference, to take
part in the adoption of Questions and Recommendations and in deci-sions relating to
the working methods and procedures of the Sector concerned.
Article 4. Instruments of the Union
29 1. The instruments of the Union are:
-
– this Constitution of the International Telecommunication Union,
-
– the Convention of the International Telecommunication Union, and
-
– the Administrative Regulations.
30 2. This Constitution, the provisions of which are complemented by those of the Convention,
is the basic instrument of the Union.
31 PP-98 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:
32 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.
33 Unless the context otherwise requires:
34 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;
35 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;
36 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
37 PP-98 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.
38 PP-98 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
39 The Union shall comprise:
40 a) the Plenipotentiary Conference, which is the supreme organ of the Union;
41 b) the Council, which acts on behalf of the Plenipotentiary Conference;
42 c) world conferences on international telecommunications;
43 d) the Radiocommunication Sector, including world and regional radiocommunication
conferences, radiocommunication assemblies and the Radio Regulations Board;
44 PP-98 e) the Telecommunication Standardization Sector, including world telecommunication
standardization assemblies;
45 f) the Telecommunication Development Sector, including world and regional telecommunication
development conferences;
46 g) the General Secretariat.
Article 8. Plenipotentiary Conference
47 PP-98 1. The Plenipotentiary Conference shall be composed of delegations representing Member
States. It shall be convened every four years.
48 PP-98 2. On the basis of proposals by Member States and taking account of reports by the
Council, the Plenipotentiary Conference shall:
49 a) determine the general policies for fulfilling the purposes of the Union prescribed
in Article 1 of this Constitution;
50 PP-94 PP-98 b) consider the reports by the Council on the activities of the Union since the previous
plenipotentiary conference and on the policy and strategic planning of the Union;
51 PP-98 c) establish the basis for the budget of the Union and determine, in the light of
its decisions taken on the reports referred to in No. 50 above, related financial
limits until the next plenipotentiary conference, after considering all relevant aspects
of the work of the Union in that period;
51A PP-98 cbis) establish, using the procedures described in Nos. 161D to 161G of this Constitution,
the total number of contributory units for the period up to the next plenipotentiary
conference on the basis of the classes of contribution announced by Member States;
52 d) provide any general directives dealing with the staffing of the Union and, if
necessary, fix the basic salaries, the salary scales and the system of allowances
and pensions for all the officials of the Union;
53 e) examine the accounts of the Union and finally approve them, if appropriate:
54 PP-98 f) elect the Member States which are to serve on the Council;
55 g) select the Secretary-General, the Deputy Secretary-General and the Directors of
the Bureaux of the Sectors as elected officials of the Union;
56 h) elect the members of the Radio Regulations Board;
57 PP-94 PP-98 i) consider and adopt, if appropriate, proposals for amendments to this Constitution
and the Convention, put forward by Member States, in accordance with the provisions
of Article 55 of this Constitution and the relevant provisions of the Convention,
respectively;
58 j) conclude or revise, if necessary, agreements between the Union and other international
organizations, examine any provisional agreements with such organizations concluded
by the Council on behalf of the Union, and take such measures in connection therewith
as it deems appropriate;
58A PP-98 jbis) adopt and amend the Rules of Procedure of conferences and other meetings of the
Union;
59 k) deal with such other telecommunication questions as may be necessary.
59A PP-94 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:
59B PP-94 a) by a decision of the preceding ordinary Plenipotentiary Conference;
59C PP-94 PP-98 b) should two-thirds of the Member States individually so request the Secretary-General;
59D PP-94 PP-98 c) at the proposal of the Council with the approval of at least two-thirds of the
Member States.
Article 9. Principles Concerning Elections and Related Matters
60 1. The Plenipotentiary Conference, at any elections referred to in Nos. 54 to 56
of this Constitution, shall ensure that:
61 a) the Members of the Councilare elected with due regard to the need for equitable distribution of the seats on
the Council among all regions of the world;
62 PP-94 PP-98 b) the Secretary-General, the Deputy Secretary-General, the Directors of the Bureaus
and the members of the Radio Regulations Board shall be elected among the candidates
proposed by Member States as their nationals and shall all be nationals of different
Member States, and at their election due consideration should be given to equitable
geographical distribution amongst the regions of the world; as far as the elected
officials are concerned, due consideration should also be given to the principles
embodied in No. 154 of this Constitution;
63 PP-94 PP-98 c) the members of the Radio Regulations Board shall be elected in their individual
capacity; each Member State may propose only one candidate.
64 2. The procedures for these elections shall be established by the Plenipotentiary
Conference. Provisions relating to taking up duties, vacancy and re-eligibility are
contained in the Convention.
65 PP-98 1. 1) The Council shall be composed of Member States elected by the Plenipotentiary
Conference in accordance with the provisions of No. 61 of this Constitution.
66 2) Each Member of the Council shall appoint a person to serve on the Council who may be assisted by one or more
advisers.
67 2. The Council shall adopt its own Rules of Procedure.
68 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.
69 PP-98 4. 1) The Council shall take all steps to facilitate the implementation by the Member
States of the provisions of this Constitution, of the Convention, of the Administrative
Regulations, of the decisions of the Plenipotentiary Conference, and, where appropriate,
of the decisions of other conferences and meetings of the Union, and perform any duties
assigned to it by the Plenipotentiary Conference.
70 PP-98 2) It shall consider broad telecommunication policy issues in keeping with the guidelines
given by the Plenipotentiary Conference in order to ensure that the Union's policies
and strategy fully respond to the constantly changing telecommunication environment,
and shall prepare a report on the policy and strategic planning recommended for the
Union, together with their financial implications. It shall use to this effect the
material prepared by the Secretary-General under No. 74A below.
71 3) It shall ensure the efficient coordination of the work of the Union and exercise
effective financial control over the General Secretariat and the three Sectors.
72 4) It shall contribute, in accordance with the purposes of the Union, to the development
of telecommunications in the developing countries by every means at its disposal,
including through the participation of the Union in the appropriate programmes of
the United Nations.
Article 11. General Secretariat
73 1. 1) The General Secretariat shall be directed by a Secretary-General, assisted
by one Deputy Secretary-General.
73A PP-98 2) The functions of the Secretary-General are specified in the Convention. In addition,
the Secretary-General shall:
74 PP-98 a) coordinate the Union's activities, with the assistance of the Coordination Committee;
74A PP-98 b) prepare, with the assistance of the Coordination Committee, material required
for the preparation of a report on the policies and strategic plan for the Union,
and coordinate the implementation of the plan;
75 PP-98 c) take all the actions required to ensure economic use of the Union's resources
and be responsible to the Council for all the administrative and financial aspects
of the Union's activities;
76 PP-98 d) act as the legal representative of the Union.
76A PP-98 3) The Secretary-General may act as depositary of special arrangements established
in conformity with Article 42 of this Constitution.
77 2. 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
78 PP-98 1. 1) The functions of the Radiocommunication Sector shall be, bearing in mind the
particular concerns of developing countries, to fulfil the purposes of the Union,
as stated in Article 1 of this Constitution, relating to radiocommunication:
-
– by ensuring the rational, equitable, efficient and economical use of the radio-frequency
spectrum by all radiocommunication services, including those using the geostationary-satellite
or other satellite orbits, subject to the provisions of Article 44 of this Constitution,
and
-
– by carrying out studies without limit of frequency range and adopting recommendations
on radiocommunication matters.
79 2) The precise responsibilities of the Radiocommunication Sector and the Telecommunication
Standardization Sector shall be subject to continuing review, in close cooperation,
with regard to matters of common interest to both Sectors, in accordance with the
relevant provisions of the Convention. Close coordination shall be carried out between
the Radiocommunication, Telecommunication Standardization and Telecommunication Development
Sectors.
80 2. The Radiocommunication Sector shall work through:
81 a) world and regional radiocommunication conferences;
82 b) the Radio Regulations Board;
83 PP-98 c) radiocommunication assemblies;
84 d) radiocommunication study groups;
84A PP-98 dbis) the radiocommunication advisory group;
85 e) the Radiocommunication Bureau, headed by the elected Director.
86 3. The Radiocommunication Sector shall have as members:
87 PP-98 a) of right, the administrations of all Member States;
88 PP-98 b) any entity or organization which becomes a Sector Member in accordance with the
relevant provisions of the Convention.
Article 13. Radiocommunication Conferences and Radiocommunication Assemblies
89 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.
90 PP-98 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.
91 PP-98 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.
92 PP-98 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
93 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.
93A PP-98 1.bis 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.
94 2. The duties of the Radio Regulations Board shall consist of:
95 PP-98 a) the approval of Rules of Procedure, which include technical criteria, in accordance
with the Radio Regulations and with any decision which may be taken by competent radiocommunication
conferences. These Rules of Procedure shall be used by the Director and the Bureau
in the application of the Radio Regulations to register frequency assignments made
by Member States.
These Rules shall be open to comment by administrations and, in case of continuing
disagreement, the matter shall be submitted to a forthcoming world radiocommunication
conference:
96 b) the consideration of any other matter that cannot be resolved through the application
of the above Rules of Procedure;
97 PP-98 c) the performance of any additional duties, concerned with the assignment and utilization
of frequencies, as indicated in No. 78 of this Constitution, in accordance with the
procedures provided for in the Radio Regulations, and as prescribed by a competent
conference or by the Council with the consent of a majority of the Member States,
in preparation for, or in pursuance of the decisions of, such a conference.
98 3. 1) In the exercise of their Board duties, the members of the Radio Regulations
Board shall serve, not as representing their respective Member States nor a region,
but as custodians of an international public trust. In particular, each member of
the Board shall refrain from intervening in decisions directly concerning the member's
own administration.
99 PP-98 2) No member of the Board shall request or receive instructions relating to the exercise
of his duties for the Union from any government or a member thereof, or from any public
or private organization or person. Members of the Board shall refrain from taking
any action or from participating in any decision which may be incompatible with their
status defined in No. 98 above.
100 PP-98 3) Member States and Sector Members shall respect the exclusively international character
of the duties of the members of the Board and refrain from attempting to influence
them in the performance of their Board duties.
101 4. The working methods of the Radio Regulations Board are defined in the Convention.
Article 15. PP-98 Radiocommunication Study Groups and Advisory Group
102 PP-98 The respective duties of the radiocommunication study groups and advisory group are
specified in the Convention.
Article 16. Radiocommunication Bureau
103 The functions of the Director of the Radiocommunication Bureau are specified in the
Convention.
CHAPTER IV. TELECOMMUNICATION DEVELOPMENT SECTOR
Article 21. Functions and Structure
118 1. 1) The functions of the Telecommunication Development Sector shall be to fulfil
the purposes of the Union as stated in Article 1 of this Constitution and to discharge,
within its specific sphere of competence, the Union's dual responsibility as a United
Nations specialized agency and executing agency for implementing projects under the
United Nations development system or other funding arrangements so as to facilitate
and enhance telecommunications development by offering, organizing and coordinating
technical cooperation and assistance activities.
119 2) The activities of the Radiocommunication, Telecommunication Standardization and
Telecommunication Development Sectors shall be the subject of close cooperation with
regard to matters relating to development, in accordance with the relevant provisions
of this Constitution.
120 2. Within the foregoing framework, the specific functions of the Telecommunication
Development Sector shall be to:
121 a) raise the level of awareness of decision-makers concerning the important role
of telecommunications in the national economic and social development programme, and
provide information and advice on possible policy and structural options;
122 PP-98 b) promote, especially by means of partnership, the development, expansion and operation
of telecommunication networks and services, particularly in developing countries,
taking into account the activities of other relevant bodies, by reinforcing capabilities
for human resources development, planning, management, resource mobilization, and
research and development;
123 c) enhance the growth of telecommunications through cooperation with regional telecommunications
organizations and with global and regional development financing institutions, monitoring
the status of projects included in its development programme to ensure that they are
properly executed;
124 d) activate the mobilization of resources to provide assistance in the field of telecommunications
to developing countries by promoting the establishment of preferential and favourable
lines of credit, and cooperating with international and regional financial and development
institutions;
125 e) promote and coordinate programmes to accelerate the transfer of appropriate technologies
to the developing countries in the light of changes and developments in the networks
of the developed countries;
126 f) encourage participation by industry in telecommunication development in developing
countries, and offer advice on the choice and transfer of appropriate technology;
127 g) offer advice, carry out or sponsor studies, as necessary, on technical, economic,
financial, managerial, regulatory and policy issues, including studies of specific
projects in the field of telecommunications:
128 h) collaborate with the other Sectors, the General Secretariat and other concerned
bodies in developing a general plan for international and regional telecommunication
networks so as to facilitate the coordination of their development with a view to
the provision of telecommunication services;
129 i) in carrying out the above functions, give special attention to the requirements
of the least developed countries.
130 3. The Telecommunication Development Sector shall work through:
131 a) world and regional telecommunication development conferences;
132 b) telecommunication development study groups;
132A PP-98 bbis) the telecommunication development advisory group;
133 c) the Telecommunication Development Bureau headed by the elected Director.
134 4. The Telecommunication Development Sector shall have as members:
135 PP-98 a) of right, the administrations of all Member States;
136 PP-98 b) any entity or organization which becomes a Sector Member in accordance with the
relevant provisions of the Convention.
Article 22. Telecommunication Development Conferences
137 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.
138 2. Telecommunication development conferences shall comprise:
139 a) world telecommunication development conferences;
140 b) regional telecommunication development conferences.
141 3. There shall be, between two Plenipotentiary Conferences, one world telecommunication
development conference and, subject to resources and priorities, regional telecommunication
development conferences.
142 PP-98 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.
143 5. The duties of telecommunication development conferences are specified in the Convention.
Article 23. PP-98 Telecommunication Development Study Groups and Advisory Group
144 PP-98 The respective duties of telecommunication development study groups and advisory
group are specified in the Convention.
Article 24. Telecommunication Development Bureau
145 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
146 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.
147 PP-98 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
148 1. The Coordination Committee shall consist of the Secretary-General, the Deputy
Secretary-General and the Directors of the three Bureaus. It shall be presided over
by the Secretary-General, and in his absence by the Deputy Secretary-General.
149 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
150 1. 1) In the performance of their duties, neither the elected officials nor the staff
of the Union shall seek or accept instructions from any government or from any other
authority outside the Union. They shall refrain from acting in any way which is incompatible
with their status as international officials.
151 PP-98 2) Member States and Sector Members shall respect the exclusively international character
of the duties of these elected officials and of the staff of the Union, and refrain
from trying to influence them in the performance of their work.
152 3) No elected official or any member of the staff of the Union shall participate
in any manner or have any financial interest whatsoever in any enterprise concerned
with telecommunications, except as part of their duties. However, the term ``financial
interest" is not to be construed as applying to the continuation of retirement benefits
accruing in respect of previous employment or service.
153 PP-98 4) In order to ensure the efficient operation of the Union, any Member State a national
of which has been elected Secretary-General, Deputy Secretary-General or Director
of a Bureau shall refrain, as far as possible, from recalling that national between
two Plenipotentiary Conferences.
154 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
155 1. The expenses of the Union shall comprise the costs of:
156 a) the Council;
157 b) the General Secretariat and the Sectors of the Union;
158 c) Plenipotentiary Conferences and world conferences on international telecommunications.
159 PP-98 2. The expenses of the Union shall be met from:
159A PP-98 a) the contributions of its Member States and Sector Members;
159B PP-98 b) other revenues as identified in the Convention or in the Financial Regulations.
159C PP-98 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.
159D PP-98 2ter Expenses incurred by the regional conferences referred to in No. 43 of this Constitution
shall be borne, in accordance with their class of contribution, by all the Member
States of the region concerned and, where appropriate, on the same basis by any Member
States of other regions which have participated in such conferences.
160 PP-98 3. 1) Member States and Sector Members shall be free to choose their class of contribution
for defraying Union expenses.
161 PP-98 2) The choice by Member States shall be made at a plenipotentiary conference in accordance
with the scale of classes of contribution and conditions contained in the Convention
and with the procedures described below.
161A PP-98 3) The choice by Sector Members shall be made in accordance with the scale of classes
of contribution and conditions contained in the Convention and with the procedures
described below.
161B PP-98 3bis 1) At its session preceding the Plenipotentiary Conference, the Council shall fix
the provisional amount of the contributory unit, on the basis of the draft financial
plan for the corresponding period and total number of contributory units.
161C PP-98 2) The Secretary-General shall inform the Member States and Sector Members of the
provisional amount of the contributory unit as determined under No. 161B above and
invite the Member States to notify, no later than one week prior to the date set for
the opening of the Plenipotentiary Conference, the class of contribution they have
provisionally chosen.
161D PP-98 3) The Plenipotentiary Conference shall, during its first week, determine the provisional
upper limit of the amount of the contributory unit resulting from the steps taken
by the Secretary-General in pursuance of Nos. 161B and 161C above, and taking account
of any changes in class of contribution notified by Member States to the Secretary-General
as well as classes of contribution remaining unchanged.
161E PP-98 4) Bearing in mind the draft financial plan as revised, the Plenipotentiary Conference
shall determine the definitive upper limit of the amount of the contributory unit.
The Secretary-General shall then invite the Member States to announce, before the
end of the penultimate week of the Plenipotentiary Conference, their definitive choice
of class of contribution.
161F PP-98 5) Member States which have failed to notify the Secretary-General of their decision
by the date set by the Plenipotentiary Conference shall retain the class of contribution
previously chosen.
161G PP-98 6) The Plenipotentiary Conference shall then approve the definitive financial plan
on the basis of the total number of contributory units corresponding to the definitive
classes of contribution chosen by the Member States and classes of contribution of
the Sector Members at the date on which the financial plan is approved.
161H PP-98 3ter 1) The Secretary-General shall inform the Sector Members of the definitive upper
limit of the amount of the contributory unit and invite them to notify, within three
months from the closing date of the Plenipotentiary Conference, the class of contribution
they have chosen.
161I PP-98 2) Sector Members which have failed to notify the Secretary-General of their decision
within this three-month period shall retain the class of contribution previously chosen.
162 PP-98 3) Amendments to the scale of classes of contribution adopted by a Plenipotentiary
Conference shall apply for the selection of the class of contribution during the following
plenipotentiary conference.
163 PP-94 PP-98 4) The class of contribution chosen by a Member State or a Sector Member is applicable
as of the first biennial budget after a Plenipotentiary Conference.
164 PP-98 (SUP)
165 PP-98 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.
165A PP-98 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.
165B PP-98 5ter Member States and Sector Members may at any time choose a class of contribution higher
than the one already adopted by them.
166 and 167 PP-98 (SUP)
168 PP-98 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.
169 PP-98 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.
170 PP-98 10. Specific provisions governing the financial contributions by Sector Members and
by other international organizations are contained in the Convention.
171 1. 1) The official and working languages of the Union shall be Arabic, Chinese, English,
French, Russian and Spanish.
172 2) In accordance with the relevant decisions of the Plenipotentiary Conference, these
languages shall be used for drawing up and publishing documents and texts of the Union,
in versions equivalent in form and content, as well as for reciprocal interpretation
during conferences and meetings of the Union.
173 3) In case of discrepancy or dispute, the French text shall prevail.
174 2. 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
175 The seat of the Union shall be at Geneva.
Article 31. Legal Capacity of the Union
176 PP-98 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. Rules of Procedure of Conferences and Other Meetings
177 PP-98 1. For the organization of their work and the conduct of their discussions, conferences
and other meetings of the Union shall apply the Rules of Procedure of conferences
and other meetings of the Union adopted by the Plenipotentiary Conference.
178 PP-98 2. Conferences, assemblies and the Council may adopt such rules as they consider
to be essential in addition to those in the Rules of Procedure. Such additional rules
must, however, be compatible with this Constitution, the Convention and the Rules
of Procedure referred to in No. 177 above; those adopted by conferences or assemblies
shall be published as documents of the conference or assembly concerned.
CHAPTER VI. GENERAL PROVISIONS RELATING TO TELECOMMUNICATIONS
Article 33. The Right of the Public to use the International Telecommunication Service
179 PP-98 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
180 PP-98 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.
181 PP-98 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
182 PP-98 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
183 PP-98 Member States accept no responsibility towards users of the international telecommunication
services, particularly as regards claims for damages.
Article 37. Secrecy of Telecommunications
184 PP-98 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.
185 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
186 PP-98 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.
187 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.
188 PP-98 3. Member States shall safeguard these channels and installations within their jurisdiction.
189 PP-98 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.
189A PP-98 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
190 PP-98 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
191 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
192 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. Special Arrangements
193 PP-98 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
194 PP-98 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 IX. FINAL PROVISIONS
Article 52. Ratification, Acceptance or Approval
208 PP-98 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.
209 PP-98 2. 1) During a period of two years from the date of entry into force of this Constitution
and the Convention, a signatory Member State, even though it may not have deposited
an instrument of ratification, acceptance or approval, in accordance with No. 208
above, shall enjoy the rights conferred on Member States in Nos. 25 to 28 of this
Constitution.
210 PP-98 2) From the end of a period of two years from the date of entry into force of this
Constitution and the Convention, a signatory Member State which has not deposited
an instrument of ratification, acceptance or approval, in accordance with No. 208
above, shall no longer be entitled to vote at any conference of the Union, at any
session of the Council, at any meeting of any of the Sectors of the Union, or during
any consultation by correspondence conducted in accordance with the provisions of
this Constitution and of the Convention until it has so deposited such an instrument.
Its rights, other than voting rights, shall not be affected.
211 3. 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.
212 PP-98 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.
213 PP-98 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.
214 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
215 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.
216 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.
216A PP-98 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.
217 PP-98 (SUP)
217A PP-98 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.
217B PP-98 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.
217C PP-98 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.
217D PP-98 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.
218 PP-98 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.
219 to 221 PP-98 (SUP)
221A PP-98 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.
2218 PP-98 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. 2l6A, 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.
222 PP-98 (SUP)
223 PP-98 7. The Secretary-General shall inform Member States promptly of any notification
received pursuant to this Article.
Article 55. Provisions for Amending this Constitution
224 PP-98 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, forward
any such proposal to all the Member States.
225 PP-98 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.
226 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.
227 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.
228 PP-98 5. Unless specified otherwise in the preceding paragraphs of this Article, which
shall prevail, the general provisions regarding conferences and the Rules of Procedure
of conferences and other meetings shall apply.
229 PP-98 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.
230 PP-98 7. The Secretary-General shall notify all Member States of the deposit of each instrument
of ratification, acceptance, approval or accession.
231 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.
232 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
233 PP-98 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.
234 PP-98 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.
235 PP-98 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
236 PP-98 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.
237 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
238 1. This Constitution and the Convention shall enter into force on 1 July 1994 between
Members having deposited before that date their instrument of ratification, acceptance,
approval or accession.
239 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).
240 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.
241 PP-98 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.
242 5. In the event of any discrepancy among the various language versions of this Constitution
and the Convention, the French text shall prevail.