Zakon o ratifikaciji Območnega sporazuma o srednjefrekvenčnih (SF) pomorskih mobilnih in letalskih radionavigacijskih storitvah (Območje 1) (MOSFPL)

PREAMBLE

The delegates of the following Members of the International Telecommunication Union:
    People’s Democratic Republic of Algeria, Federal Republic of Germany, People’s Republic of Angola, Kingdom of Saudi Arabia, Austria, State of Bahrain, Belgium, People’s Republic of Benin, People’s Republic of Bulgaria, Republic of Cameroon, Republic of Cyprus, Republic of the Ivory Coast, Denmark, Arab Republic of Egypt, Spain, Finland, France, Ghana, Greece, Republic of Guinea, Hungarian People’s Republic, Republic of Iraq, Ireland, State of Israel, Italy, Republic of Kenya, State of Kuwait, Socialist People’s Libyan Arab Jamahiriya, Democratic Republic of Madagascar, Republic of Malta, Kingdom of Morocco, Monaco, Norway, Sultanate of Oman, Kingdom of the Netherlands, People’s Republic of Poland, Portugal, State of Qatar, German Democratic Republic, Socialist Republic of Romania, United Kingdom of Great Britain and Northern Ireland, Sweden, Confederation of Switzerland, Republic of Chad, Czechoslovak Socialist Republic, Tunisia, Turkey, Union of Soviet Socialist Republics, Socialist Federal Republic of Yugoslavia,
    meeting in Geneva for a Regional Administrative Radio Conference convened under the terms of Article 7 of the International Telecommunication Convention, Nairobi, 1982, have adopted subject to the approval of the competent authorities of their respective countries the following provisions relating to the maritime mobile service and the aeronautical radionavigation (radiobeacon) service in Region 1.

ARTICLE 1

Definitions

For the purpose of this Agreement, the following terms shall have the meanings defined below:
    1.1 Union: The International Telecommunication Union;
    1.2 Secretary-General: The Secretary-General of the Union;
    1.3 IFRB: The International Frequency Registration Board (also referred to as the Board);
    1.4 CCIR: The International Radio Consultative Committee;
    1.5 ICAO: The International Civil Aviation Organization;
    1.6 Convention: The International Telecommunication Convention, Nairobi, 1982;
    1.7 Radio Regulations: The Radio Regulations, Geneva, 1979, as revised by the WARC MOB-83, annexed to the Convention;
    1.8 Region 1: The geographical area defined in No. 393 of the Radio Regulations;
    1.9 Agreement: The whole of this Agreement including its Annexes;
    1.10 Plans: The Plans forming Annexes 1 and 2 to this Agreement;
    1.11 Contracting Member: Any Member of the Union which has approved or acceded to this Agreement;
    1.12 Administration: Any governmental department or service responsible for discharging the obligations undertaken in the International Telecommunication Convention and the Radio Regulations;
    1.13 Pairing (as applied to the Plans for the maritime mobile service): A method of assigning two frequencies, one to be used by a coast station for transmission when communicating with ships, the other to be assigned to the same coast station for reception, to be used by ships for transmission when communicating with that coast station;
    1.14 Assignment in conformity with the Agreement: Any frequency assignment appearing in any of the Plans or any frequency assignment for which the procedure of Article 4 has been successfully applied.

ARTICLE 2

Frequency Bands

2.1 The provisions of this Agreement apply in Region 1 to the following services in the bands allocated to them under Article 8 of the Radio Regulations:
    a) 415–435 kHz allocated to the aeronautical radionavigation service on a primary basis and to the maritime mobile service on a permitted basis;
    b) 435–495 and 505–526.5 kHz allocated to the maritime mobile service on a primary basis;
    c) 505–526.5 kHz allocated to the aeronautical radionavigation service on a permitted basis;
    d) 1606.5–1625 kHz, 1635–1800 kHz and 2045–2160 kHz allocated to the maritime mobile service on a primary basis.
    These provisions also apply to:
    e) Fixed and land mobile services to which the bands 1606.5–1625 kHz, 1635–1800 kHz and 2045–2160 kHz are allocated on a permitted basis (primary in the countries listed in No. 483 of the Radio Regulations);
    f) the radiodetermination service (No. 484), after successful application of the procedure of Article 14 of the Radio Regulations.

ARTICLE 3

Execution of this Agreement

3.1 The Contracting Members shall adopt, for their stations in the aeronautical radionavigation service operating in Region 1 in the frequency bands referred to in this Agreement, the characteristics specified in the Plan in Annex 2.
    3.2 The Contracting Members shall adopt, for their stations in the maritime mobile service operating in Region 1 in the frequency bands referred to in this Agreement, the characteristics specified in the Plan in Annex 1.
    3.3 The Contracting Members shall not bring assignments complying with the Plans into use, modify the technical characteristics of stations specified in the Plans, or bring new stations into use, except under the conditions specified in Articles 4 and 5 of this Agreement.
    3.4 When assigning frequencies to stations of primary and permitted services in the bands 1606.5–1625 kHz, 1635–1800 kHz and 2045–2160 kHz, Contracting Members shall take account of the frequency assignments to stations of the maritime mobile service which are in conformity with the Agreement or for which the modification procedure contained in Article 4 has been initiated.
    3.5 The Contracting Members shall endeavour to coordinate their efforts with a view to reducing any harmful interference that may result from the application of this Agreement.
    3.6 In order to avoid mutual interference between stations in the Plan, Administrations shall take all necessary and practicable steps to ensure that the frequencies used for radiotelephony in the bands 1635–1800 kHz and 2045–2141.5 kHz are used only within the coverage area specified in the Plan.

ARTICLE 4

Procedure for Modifications to the Plans

SECTION A – GENERAL

4.1 When a Contracting Member proposes to make a modification to a Plan:
    a) by modifying the characteristics of a station of the maritime mobile service or the aeronautical radionavigation service shown in the appropriate Plan, whether or not the station has been brought into use; or
    b) by bringing into use an assignment to a station of the maritime mobile service or the aeronautical radionavigation service not appearing in any of the appropriate Plans; or
    c) by modifying the characteristics of a frequency assignment to a station of the maritime mobile service or the aeronautical radionavigation service for which the procedure in this article has been successfully applied, whether or not the station has been brought into use; or
    d) by deleting from the appropriate Plan a frequency assignment to a station of the maritime mobile service or the aeronautical radionavigation service;
    the following procedure shall be applied before any notification is made under Article 12 of the Radio Regulations (see Article 5 of this Agreement).

SECTION B – PROCEDURE FOR THE MARITIME MOBILE SERVICE

Procedure for modifying the characteristics of an assignment or for bringing into use a new assignment

4.2 The provisions of this section apply equally to transmitting and receiving coast stations. The agreement referred to in this section shall apply to pairs of frequencies as indicated in Annex 3.
    4.3 An administration proposing to modify the characteristics of an assignment or to bring an additional assignment into use shall, either directly or through the IFRB, seek the agreement of all other administrations whose assignments may be affected.
    4.4 For the purposes of this procedure, these other administrations shall be any which have:
    a) assignments in the Plans for the same frequency band and whose service may be affected according to the criteria specified in Annex 5 to this Agreement;
    b) assignments recorded in the Master Register for stations of services to which the bands 1606.5–1625 kHz, 1635–1800 kHz and 2045–2160 kHz are allocated on a primary or permitted basis which may be affected according to the provisions of No. 1241 of the Radio Regulations together with the technical criteria contained in Annex 6 to this Agreement.
    4.5 An administration proposing to modify the characteristics of an assignment or to bring an additional assignment into use shall so inform the IFRB and shall furnish to the IFRB the characteristics listed in Appendix 1 to the Radio Regulations and the names of the administrations with which it considers agreement should be sought and with which agreement has been reached.
    4.6 The IFRB shall examine the information received from the standpoint of its conformity with the channelling arrangement contained in Annex 3 to this Agreement. Proposed modifications which are not in conformity with the appropriate channelling arrangement shall be returned to the administration concerned.
    4.7 The IFRB shall examine the information received in order to identify the administration having frequency assignments which may be affected as indicated in paragraph 4.4 above. The results of this examination shall be sent immediately by the IFRB to the administration proposing the modification or addition to the Plan in question. The IFRB shall include the names of those administrations in the information received and shall publish the complete information in a special section of its weekly circular. The Board, shall at the same time, inform those administrations having assignments which it considers, in accordance with paragraph 4.4, may be affected.
    4.8 An administration which considers that it should have been included in the list of administrations whose frequency assignments may be affected shall inform the administration proposing the modification or addition to the Plan in question and the IFRB. At the same time it shall, giving its reasons for so doing, request the IFRB to include its name in the list.
    4.9. If an administration has not communicated its agreement or disagreement to the proposing administration and to the IFRB within a period of 90 days following the date of the weekly circular referred to in paragraph 4.7, the IFRB shall send a reminder to the administration concerned inviting it to reply urgently to the request for agreement within 15 days from the date of the reminder. If, at the expiry of the two periods of 90 days and 15 days respectively, the administration concerned has still not communicated its agreement or disagreement, it shall be understood to have agreed to the proposed modification or addition.
    4.10 If, in seeking agreement, an administration modifies its initial proposal in such a way as to increase the probability of interference to the assignment of an administration with which agreement has been sought, or to affect the assignment of an administration not previously involved, it shall again apply the provisions of paragraph 4.4 and the subsequent procedure for those administrations.
    4.11 Following the expiry of the period specified in paragraph 4.9, or when agreement has been reached with the administrations concerned, the administration proposing the modification or addition shall inform the IFRB of the results, indicating the agreed characteristics of the assignment togehter with the names of the administrations with which agreement has been reached.
    4.12 If no agreement is reached between administrations concerned, the IFRB shall make any study of the matter that may be requested by one or more of those administrations; the Board shall inform them of the results of the study and shall make such recommendations as it may be able to offer for the solution of the problem.
    4.13 Before intiating this procedure and at any stage thereof, an administration may request the assistance of the IFRB, particularly in seeking the agreement of another administration.
    4.14 If, after application of the procedure described in this section agreement has been reached with all administrations involved, the Board shall publish an appropriate modification to the Plan (see also paragraph 4.33).
    4.15 If, after application of the procedure described in this section, the agreement of the administration concerned cannot be reached, the two administrations may resort to one of the methods for the settlement of disputes described in Article 50 of the Convention or they may agree to apply the Optional Additional Protocol to the Convention.
    4.16 The proposed assignment may, despite continuing disagreement, be notified in accordance with Article 12 of the Radio Regulations. However, the relevant provisions of Article 5 of the Agreement shall then be applied.

SECTION C – PROCEDURE FOR THE AERONAUTICAL RADIONAVIGATION SERVICE

Procedure for modifying the characteristics of an assignment or for bringing into use a new assignment

4.17 An administration proposing to modify the characteristics of an assignment or to bring an additional assignment into use shall, either directly or through the IFRB, seek the agreement of all other administrations whose assignments may be affected.
    4.18 For the purposes of this procedure, these other administrations shall be those which have assignments in the Plans for the same frequency band and whose service may be affected according to the criteria specified in Annex 5 to this Agreement.
    4.19 Where any ICAO coordination of the operational aspects of a proposed assignment is appropriate, this should be completed before commencement of the following procedure.
    4.20 An administration proposing to modifly the characteristics of an assignment or to bring an additional assignment into use shall so inform the IFRB and shall furnish to the IFRB the characteristics listed in Appendix 1 to the Radio Regulations and the names of the administrations with which it considers agreement should be sought and with which agreement has been reached.
    4.21 The IFRB shall examine the information received from the standpoint of its conformity with the channelling arrangement contained in Annex 3 to this Agreement. Proposed modifications which are not in conformity with the appropriate channelling arrangement shall be returned to the administration concerned.
    4.22 The IFRB shall examine the information received in order to identify the administrations having frequency assignments which may be affected as indicated in paragraph 4.18 above. The results of this examination shall be sent immediately by the IFRB to the administration proposing the modification or addition to the Plan in question. The IFRB shall include the names of those administrations in the information received and shall publish the complete information in a special section of its weekly circular. The Board, shall at the same time, inform those administrations having assignments which it considers, in accordance with paragraph 4.18, may be affected.
    4.23 An administration which considers that it should have been included in the list of administrations whose frequency assignments may be affected shall inform the administration proposing the modification or addition to the Plan in question and the IFRB. At the same time it shall, giving its reasons for so doing, request the IFRB to include its name in the list.
    4.24 If an administration has not communicated its agreement or disagreement to the proposing administration and to the IFRB within a period of 90 days following the date of the weekly circular referred to in paragraph 4.22, the IFRB shall send a reminder to the administration concerned inviting it to reply urgently to the request for agreement within 15 days from the date of the reminder. If at the expiry of the two periods of 90 days and 15 days respectively, the administration concerned has still not communicated its agreement or disagreement, it shall be understood to have agreed to the proposed modification or addition.
    4.25 If, in seeking agreement, an administration modifies its initial proposal in such a way as to increase the probability of interference to the assignment of an administration with which agreement has been sought, or to affect the assignment of an administration not previously involved, it shall again apply the provisions of paragraph 4.18 and the subsequent procedure for those administrations.
    4.26 Following expiry of the period specified in paragraph 4.24, or when agreement has been reached with the administrations concerned, the administration proposing the modification or addition shall inform the IFRB of the results, indicating the agreed characteristics of the assignment togehter with the names of the administrations with which agreement has been reached.
    4.27 If no agreement is reched between the administrations concerned, the IFRB shall make any study of the matter that may be requested by one or more of those administrations; the Board shall inform them of the results of the study and shall make such recommendations as it may be able to offer for the solution of the problem.
    4.28 Before initiating this procedure and at any stage thereof, an administration may request the assistance of the IFRB, particularly in seeking the agreement of another administration.
    4.29 If, after application of the procedure described in this section agreement has been reached with all administrations involved, the Board shall publish an appropriate modification to the Plan (see also paragraph 4.33).
    4.30 If, after application of the procedure described in this section the agreement of the administration concerned cannot be reached, the two administrations may resort to one of the methods for the settlement of disputes described in Article 50 of the Convention or they may agree to apply the Optional Additional Protocol to the Convention.
    4.31 The proposed assignment may, despite continuing disagreement, be notified in accordance with Article 12 of the Radio Regulations, however, the relevant provisions of Article 5 of the Agreement shall then be applied.

SECTION D – CANCELLATION OF ASSIGNMENTS

4.32 An administration proposing to cancel an assignment in any of the Plans, wheter or not as a result of a modification (for instance a change of frequency), shall immediatley so inform the IFRB. The Board shall publish this information in a special section of the weekly circular as a modification to the Plan.
    4.33 If, after a period of two years from the date of entry of an assignment in the Plan, following the application of the procedure contained in this Article, the IFRB has not received a notice relating to its bringing into use, that assignment shall be deleted from the Plan. Before taking such action, the Board shall consult with the administration concerned on the appropriateness of such deletion and if, the circumstances so warrant, it may be postponed for a maximum period of six months.
    4.34 Every three years, the Board shall consult administrations of Contracting Members with a view to drawing their attention to Recommendation No. 7 and to request them to cancel assignments appearing in the Plans adopted by the Conference and which are no longer required; the Board shall also inform Contracting Members of the results of these consultations.

SECTIOIN E – MAINTENANCE AND PUBLICATION OF PLANS

4.35 The IFRB shall maintain an up-to-date master copy of the Plans, taking account of the application of the procedure specified in this Article; to this end the IFRB shall periodically prepare recapitulative documents listing all amendments made to the Plans as a result of modifications made in accordance with the procedures of this Article,new assignments added in conformity with this Agreement, and any cancellations notified to the Board.
    4.36 The Secretary-General shall publish an up-to-date version of each Plan in an appropriate form as and when required by circumstances and in any case every five years.

ARTICLE 5

Notification of Frequency Assignments

5.1 Whenever an administration intends to bring into use an assignment in conformity with this Agreement, it shall notify the assignment to the IFRB under Article 12 of the Radio Regulations.
    5.2 Notices of frequency assignments in conformity with this Agreement shall not be examined by the Board under No. 1241 with respect to frequency assignements recorded in the Master Register on behalf of Contracting Members for stations of primary or permitted services.
    5.3 Notices of frequency assignments submitted under paragraphs 4.16 and 4.31 of Article 4 for which it has not been possible to reach agreement shall be treated as follows:
    a) when the disagreement of the administration concerned relates to an assignment in conformity with this Agreement, the notified assignment shall be recorded in the Master Register with a special remark indicating that the entry has been made subject to the condition that no harmful interference shall be caused to the assignment of the administration with which agreement has not been reached;
    b) when the disagreement of the administration concerned relates to an assignment recorded in the Master Register for a station of a primary or permitted service, the notified assignment shall not be recorded in the Master Register until the provisions of No. 1255 of the Radio Regulations have been applied.
    5.4 Notices of frequency assignments to receiving coast stations submitted under paragraph 4.16 of Article 4 for which it has not been possible to reach an agreement shall be recorded in the Master Register with a special remark indicating that the entry has been made subject to the condition that no protection shall be claimed against any harmful interference that may be caused by the assignment of the administration with which agreement has not been reached.
    5.5 In relations between Contracting Members, all frequency assignments brought into service in conformity with this Agreement and recorded in the Master Register shall be considered as having the same status irrespective of the date or dates entered in Column 2 for such assignments.

ARTICLE 6

Procedure Applicable to New Assignments in the Non-Planned Permitted and Primary Services

6.1 In order to permit the compatible development of the primary and permitted services in the bands 1606.5–1625 kHz, 1635–1800 kHz and 2045–2160 kHz, the IFRB shall examine, in accordance with No. 1245 of the Radio Regulations, the frequency assignments of these other services notified by Contracting Members. To this effect, the following provisions shall be applied.
    6.2 The Board shall examine the frequency assignment with respect to the probability of harmful interference to the service provided or to be provided by a frequency assignment:
    a) which is already recorded in the Master Register and bears a date in Column 2a;
    b) which is recorded in the Master Register and is in conformity with No. 1240 of the Radio Regulations with a date in Column 2b, but has not in fact caused harmful interference to any frequency assignment with a date in Column 2a or to any assignment in conformity with No. 1250 with an earlier date in Column 2b;
    c) which is in conformity with this Agreement but has not yet been notified in accordance with Article 5;
    d) which was published in a special section of the weekly circular in accordance with paragraph 4.7 (Article 4).
    6.3 In the event of an unfavourable finding relating to a frequency assignment described in paragraphs 6.2 c) or 6.2 d), if the administration resubmits the notice under No. 1255 of the Radio Regulations, the period of two months specified in No. 1259 shall not start until the assignment which forms the basis for the unfavourable finding is brought into service.
    6.4 For the purpose of these examinations, the Board shall apply the technical criteria contained in Annex 6 to this Agreement.

ARTICLE 7

Special Arrangements

7.1 In addition to the procedures provided for in Articles 4 and 6 of this Agreement and to facilitate their application with a view to improving the utilization of the Plans, Contracting Members may conclude special arrangements in accordance with the relevant provisions of the Convention and of the Radio Regulations.

ARTICLE 8

Scope of Application of this Agreement

8.1 This Agreement shall bind Contracting Members in their relations with one another but shall not bind those Members with respect to non-contracting countries.
    8.2 If a Contracting Member makes reservations with regard to any provision of this Agreement, other Contracting Members shall be free to disregard that provision in their relations with the Contracting Member which has made such reservations.

ARTICLE 9

Approval of this Agreement

9.1 This Agreement shall be subject to approval by the competent authorities of the countries on behalf of which the Agreement was signed. Instruments of approval shall be deposited, in as short a time as possible, with the Secretary-General, who shall inform all the Members of the Union.

ARTICLE 10

Accession to this Agreement

10.1 Any Member of the Union in Region 1 which has not signed this Agreement may accede thereto at any time. Such accession shall extend to the Plans as they stand at the time of the accession and shall be made without reservation. The instruments of accession shall be deposited with the Secretary-General who shall promptly inform all the Members of the Union. After the date of entry into force of this Agreement, for each Member acceding to the Agreement it shall enter into force on the date of the deposit by such a Member of its instrument of accession.

ARTICLE 11

Termination of Participation in this Agreement

11.1 Any Contracting Member shall have the right at any time to terminate its participation in this Agreement by a notification sent to the Secretary-General who shall inform all the Members of the Union.
    11.2 Such termination of participation shall take effect after a period of one year from the date of receipt by the Secretary-General of the said notification.
    11.3 On the date on which the termination of participation becomes effective, the IFRB shall delete from the Plans the assignments entered in the name of the Member concerned.

ARTICLE 12

Revision of the Agreement

12.1 No revision of this Agreement shall be undertaken except by a competent administrative radio conference of the Members of the Union in Region 1, convened in accordance with the procedure laid down in the Convention.

ARTICLE 13

Abrogation and Replacement of the Copenhagen Convention, 1948 and the Copenhagen Plan Annexed Thereto

13.1 The present Agreement and the Plans annexed hereto are considered to be the appropriate instruments to abrogate the European Regional Convention for the Maritime Mobile Radio Service, Copenhagen, 1948 and the Plan annexed thereto, which both, in accordance with the provisions of Article 7 of that Convention, shall be abrogated as from the entry into force of the present Agreement and the Plans annexed hereto and replaced by the latter.

ARTICLE 14

Entry into Force of this Agreement

14.1 This Agreement shall enter into force on 1st April, 1992 at 0001 hours UTC except for the bands 490–495 kHz and 505–510 kHZ to which the Agreement shall be applied as from the date, if later, to be adopted by a competent administrative radio conference in accordance with No. 471 of the Radio Regulations and Resolution No. 206 (Mob-83) of the World Administrative Radio Conference for Mobile Services (Geneva, 1983).
    IN WITNESS WHEREOF, the delegations of Members of the Union mentioned above have, on behalf of their respective competent authorities, signed this Agreement in a single copy in the Arabic, English, French, Russian and Spanish languages in which, in case of dispute, the French text shall be authentic. This copy shall remain deposited in the archives of the Union. The Secretary-General shall forward one certified copy to each Member in Region 1.

Done at Geneva, 15 March 1985.