ARTICLE 10 Final provisions 10.1 61 These Regulations, of which Appendices 1 and 2 form integral parts, shall enter into force on 1 January 2015, and shall be applied as of that date, consistent with all the provisions of Article 54 of the Constitution. 10.2 If a Member State makes reservations with regard to the application of one or 62 more of the provisions of these Regulations, other Member States shall be free to disregard the said provision or provisions in their relations with the Member State which has made such reservations. IN WITNESS WHEREOF, the delegates of the Member States of the International Telecommunication Union named below have, on behalf of their respective competent authorities, signed one copy of the present Final Acts in the Arabic, Chinese, English, French, Russian and Spanish languages. In case of discrepancies or dispute, the French text shall prevail. This copy shall be deposited in the archives of the Union. The Secretary-General shall forward one certified copy to each Member State of the International Telecommunication Union. Done at Dubai, 14 December 2012. 10 APPENDIX 1 General provisions concerning accounting 1/1 1 Accounting rates 1.1 For each applicable service in a given relation, Member States shall endeavour 1/2 to ensure that authorized operating agencies, by mutual agreement, establish and revise accounting rates to be applied between them, taking into account ITU-T Recommendations and trends in the cost of providing the specific telecommunication service, and divide such rates into terminal shares payable to the authorized operating agencies of terminal countries and, where appropriate, into transit shares payable to the authorized operating agencies of transit countries. 1/3 basis, the accounting rate may be determined in accordance with the following method: Alternatively, in traffic relations where ITU-T cost studies can be used as a 1.2 1/4 1/5 a) b) authorized operating agencies shall establish and revise their terminal and transit shares taking into account ITU-T Recommendations; the accounting rate shall be the sum of the terminal shares and any transit shares. 1.3 When one or more authorized operating agencies acquire, either by flat-rate 1/6 remuneration or other arrangements, the right to utilize a part of the circuit and/or installations of another authorized operating agency, the former have the right to establish their share as mentioned in 1.1 and 1.2 above, for this part of the relation. 1.4 In cases where one or more international routes have been established by 1/7 agreement between authorized operating agencies and where traffic is diverted unilaterally by the authorized operating agency of origin to an international route which has not been agreed with the authorized operating agency of destination, the terminal shares payable to the authorized operating agency of destination shall be the same as would have been due to it had the traffic been routed over the agreed primary route, and the transit costs are borne by the authorized operating agency of origin, unless the authorized operating agency of destination is prepared to agree to a different share. 1.5 1/8 agreement to the transit share, the transit authorized operating agency has the right to set the level of the transit share to be included in the international accounts. In cases where traffic is routed via a transit point without authorization and/or 1.6 Where an authorized operating agency has a duty or fiscal tax levied on its 1/9 accounting-rate shares or other remunerations, it shall not in turn impose any such duty or fiscal tax on other authorized operating agencies. 1/10 2 Establishment of accounts 11 2.1 1/11 collecting the charges shall establish a monthly account showing all the amounts due, and send it to the authorized operating agencies concerned. Unless otherwise agreed, the authorized operating agencies responsible for 2.2 1/12 The accounts should be sent as promptly as possible, taking into account relevant ITU-T Recommendations, and, except in cases of force majeure, before the end of a period of 50 days following the month to which they relate, unless otherwise mutually agreed. 1/13 specific notification of acceptance to the authorized operating agency which sent it. In principle, an account shall be considered as accepted without the need for 2.3 2.4 1/14 contents of an account within a period of two calendar months after the receipt of the account, but only to the extent necessary to bring any differences within mutually agreed limits. However, any authorized operating agency has the right to question the 2.5 In relations where there are no special agreements, a quarterly settlement 1/15 statement showing the balances of the monthly accounts for the period to which it relates shall be prepared and issued as soon as possible by the creditor authorized operating agency, and shall be sent to the debtor authorized operating agency, which, after verification, shall return a copy endorsed with its acceptance. 2.6 In indirect relations where a transit authorized operating agency acts as an 1/16 accounting intermediary between two terminal points, Member States shall endeavour to ensure that authorized operating agencies include accounting data for transit traffic in the relevant outgoing traffic account to authorized operating agencies beyond it in the routing sequence as soon as possible after receiving the data from the originating authorized operating agency, in accordance with the relevant ITU-T Recommendations. 1/17 1/18 3 Settlement of balances of accounts 3.1 Choice of the currency of payment 3.1.1 The payment of balances of international telecommunication accounts shall be 1/19 made in the currency selected by the creditor, after consultation with the debtor. In the event of disagreement, the choice of the creditor shall prevail in all cases, subject to the provisions in 3.1.2 below. If the creditor does not specify a currency, the choice shall rest with the debtor. 3.1.2 1/20 equivalent value of which is to be determined by its relationship to a currency with a value also fixed unilaterally, the use of the selected currency must be acceptable to the debtor. If a creditor selects a currency with a value fixed unilaterally or a currency the 1/20A have a right, by mutual agreement, to settle their balances of various kinds by offsetting: 3.1.3 Provided the periods of payment are observed, authorized operating agencies a) b) credits and debits in their relations with other authorized operating agencies; any other mutually agreed settlements, if appropriate. 12 This rule also applies in case payments are made through specialized payment agencies in accordance with arrangements with authorized operating agencies. 1/21 3.2 Determination of the amount of payment 1/22 shall be equivalent in value to the balance of the account. 3.2.1 The amount of the payment in the selected currency, as determined below, 3.2.2 If the balance of the account is expressed in the monetary unit of the IMF, the 1/23 amount of the selected currency shall be determined by the relationship in effect on the day before payment, or by the latest relationship published by the IMF, between the monetary unit of the IMF and the selected currency. 1/24 3.2.3 However, if the relationship of the monetary unit of the IMF to the selected currency has not been published, the amount of the balance of account shall, at a first stage, be converted into a currency for which a relationship has been published by the IMF, using the relationship in effect on the day before payment or the latest published relationship. The amount thus obtained shall, at a second stage, be converted into the equivalent value of the selected currency, using the closing rate in effect on the day prior to payment or the most recent rate quoted on the official or generally accepted foreign-exchange market of the main financial centre of the debtor country. 3.2.4 1/26 expressed in the monetary unit of the IMF, the payment shall also be the subject of this special arrangement and: If, in accordance with a special arrangement, the balance of the account is not 1/27 a) 1/28 b) if the selected currency is the same as the currency of the balance of account, the amount of the selected currency shall be the amount of the balance of account; if the selected currency for payment is different from the currency in which the balance is expressed, the amount shall be determined by converting the balance of account to its equivalent value in the selected currency in accordance with the provisions of 3.2.3 above. 1/29 3.3 Payment of balances 3.3.1 Payment of balances of account shall be effected as promptly as possible, but 1/30 in no case later than two calendar months after the day on which the settlement statement is dispatched by the creditor authorized operating agency. Beyond this period, the creditor authorized operating agency may, subject to prior notification in the form of a final demand for payment, and unless otherwise agreed, charge interest at a rate of up to 6 per cent per annum, reckoned from the day following the date of expiry of the said period. 3.3.2 The payment due on a settlement statement shall not be delayed pending 1/31 settlement of a query on that account. Adjustments which are later agreed shall be included in a subsequent account. 3.3.3 On the date of payment, the debtor shall transmit the amount of the selected 1/32 currency as computed above by a bank cheque, transfer or any other means acceptable to the debtor and the creditor. If the creditor expresses no preference, the choice shall fall to the debtor. 1/33 commissions, etc.) shall be borne by the debtor. Any such charges imposed in the creditor country, 3.3.4 The payment charges imposed in the debtor country (taxes, clearing charges, 13 including payment charges imposed by intermediate banks in third countries, shall be borne by the creditor. 1/34 3.4 Additional provisions 3.4.1 If, between the time the remittance (bank transfer, cheques, etc.) is effected 1/36 and the time the creditor is in receipt of that remittance (account credited, cheque encashed, etc.), a variation occurs in the equivalent value of the selected currency calculated as indicated in 3.2 above, and if the difference resulting from such variations exceeds 5 per cent of the amount due as calculated following such variations, the total difference shall be shared equally between debtor and creditor. 3.4.2 Should there be a radical change in the international monetary system which 1/37 invalidates or makes inappropriate one or more of the foregoing paragraphs, authorized operating agencies are free to adopt, by mutual agreement, a different monetary basis and/or different procedures for the settlement of balances of accounts, pending a revision of the above provisions. 14 APPENDIX 2 Additional provisions relating to maritime telecommunications 2/1 1 General 2/2 The provisions contained in Article 6 and Appendix 1, taking into account the relevant ITU-T Recommendations, shall also apply to maritime telecommunications when establishing and settling accounts under this Appendix, insofar as the following provisions do not provide otherwise. 2/3 2 Accounting authority 2.1 2/4 Charges for maritime telecommunications in the maritime mobile service and the maritime mobile-satellite service shall, in principle, and subject to national law and practice, be collected from the maritime mobile station licensee: 2/5 2/6 2/7 a) b) c) by the administration that has issued the licence; or by an authorized operating agency; or by any other entity or entities designated for this purpose by the administration referred to in a) above. 2/8 or entities listed in 2.1 above are referred to in this Appendix as the “accounting authority”. The administration or the authorized operating agency or the designated entity 2.2 2.3 2/9 Appendix 1 shall be read as “accounting authority” when applying the provisions of Article 6 and Appendix 1 to maritime telecommunications. References to authorized operating agency contained in Article 6 and 2.4 Member States shall designate their accounting authority or authorities for the 2/10 purposes of implementing this Appendix and notify their names, identification codes and addresses to the Secretary-General for inclusion in the List of Ship Stations and Maritime Mobile Service Identity Assignments. The number of such names and addresses shall be limited, taking into account the relevant ITU-T Recommendations. 2/11 3 Establishment of accounts 2/12 specific notification of acceptance to the service provider that sent it. In principle, an account shall be considered as accepted without the need for 3.1 3.2 2/13 account for a period of six calendar months after dispatch of the account, even after the account has been paid. However, any accounting authority has the right to question the contents of an 15 2/14 4 Settlement of balances of account 4.1 2/15 All international maritime telecommunication accounts shall be paid by the accounting authority without delay and in any case within six calendar months after dispatch of the account, except where the settlement of accounts is undertaken in accordance with 4.3 below. 4.2 If international maritime telecommunication accounts remain unpaid after six 2/16 calendar months, the administration that has licensed the mobile station shall, on request, take steps, within the limits of applicable national law, to ensure settlement of the accounts from the licensee. 4.3 If the period between the date of dispatch and receipt exceeds one month, the 2/17 receiving accounting authority should at once notify the originating service provider that queries and payments may be delayed. The delay shall, however, not exceed three calendar months in respect of payment, or five calendar months in respect of queries, both periods commencing from the date of receipt of the account. 4.4 The debtor accounting authority may refuse the settlement and adjustment of 2/18 accounts presented more than twelve calendar months after the date of the traffic to which the accounts relate, unless provided otherwise under national law in which case the maximum deadline can be within eighteen calendar months. 16 RESOLUTION PLEN/1 (DUBAI, 2012) Special measures for landlocked developing countries and small island developing states for access to international optical fibre networks The World Conference on International Telecommunications (Dubai, 2012), considering a) Resolution 65/172 of 20 December 2010 of the United Nations General Assembly, on specific actions related to the particular needs and problems of landlocked developing countries (LLDCs); Resolution 30 (Rev. Guadalajara, 2010) of the Plenipotentiary Conference, on special b) measures for the least developed countries (LDCs), small island developing states (SIDS), LLDCs and countries with economies in transition; c) the Millennium Declaration and the 2005 World Summit Outcome; d) the Information Society (WSIS); the outcome of the Geneva (2003) and Tunis (2005) phases of the World Summit on the Almaty Declaration and Almaty Programme of Action addressing the special needs e) of LLDCs within a new global framework for transit transport cooperation for landlocked and transit developing countries, recalling the New Partnership for Africa’s Development (NEPAD), which is an initiative intended a) to boost economic cooperation and development at regional level, given that many landlocked and transit developing countries are in Africa; the Declarations of the ministers of communications of the Union of South American b) Nations (UNASUR) and the Roadmap for South American connectivity for integration of the Telecommunications Working Group of the South American Infrastructure and Planning Council (COSIPLAN); c) Mandate No. 7 arising from the sixth Summit of the Americas, held in Cartagena, Colombia, on 14-15 April, 2012, in which the Heads of State and Government of the Americas resolved “To foster increased connection of telecommunication networks in general, including fibre-optic and broadband, among the region’s countries, as well as international connections, to improve connectivity, increase the dynamism of communications between the nations of the Americas, as well as reduce international data transmission costs, and, thus, promote access, connectivity, and convergent services to all social sectors in the Americas”, reaffirming the right of access of landlocked countries to the sea and freedom of transit through a) the territory of transit countries by all means of transport, in accordance with applicable rules of international law; 17 that transit countries, in the exercise of their full sovereignty over their territory, have b) the right to take all measures necessary to ensure that the rights and facilities provided for landlocked countries in no way infringe upon their legitimate interests, recognizing a) technologies (ICT) to the development of LLDCs and SIDS; the importance of telecommunications and new information and communication b) development, that current difficulties of LLDCs and SIDS continue to adversely affect their noting that access to international optical fibre networks for LLDCs and the laying of optical fibre across transit countries are not specified in the infrastructure development and maintenance priorities in the Almaty Programme of Action, conscious a) that fibre-optic cable is a profitable telecommunication transport medium; b) integral development and the potential for them to create their own information society; that access by LLDCs and SIDS to international fibre-optic networks will promote their c) between LLDCs and transit countries; that the planning and laying of international optical fibre call for close cooperation d) required, that, for the basic investment in laying fibre-optic cable, capital investments are resolves to instruct the Director of the Telecommunication Development Bureau to study the special situation of telecommunication/ICT services in LLDCs and SIDS, 1 taking into account the importance of access to international fibre-optic networks at reasonable cost; 2 to LLDCs and SIDS under resolves to instruct 1 above; to report to the ITU Council on measures taken with respect to the assistance provided to assist LLDCs and SIDS to develop their required plans containing practical guidelines 3 and criteria to govern and promote sustainable regional, subregional, multilateral and bilateral projects affording them greater access to international fibre-optic networks, instructs the Secretary-General to bring this resolution to the attention of the Secretary-General of the United Nations, with a view to bringing it to the attention of the United Nations High Representative for LDCs, LLDCs and SIDS, 18 invites the Council to take appropriate measures to ensure that ITU continues to collaborate actively in the development of telecommunication/ICT services in LLDCs and SIDS, invites Member States to cooperate with LLDCs and SIDS in promoting regional, subregional, multilateral and 1 bilateral projects and programmes for telecommunication infrastructure integration that afford LLDCs and SIDS greater access to international fibre-optic networks; 2 infrastructure integration projects and programmes, to assist LLDCs and SIDS and transit countries in executing telecommunication encourages landlocked developing countries and small island developing states to continue to accord high priority to telecommunication/ICT activities, by putting in place technical cooperation activities in order to promote integral socioeconomic development, invites Member States, Sector Members, Associates and Academia to continue to support ITU Telecommunication Development Sector studies of the situation of telecommunication/ICT services in LDCs, LLDCs, SIDS and countries with economies in transition so identified by the United Nations and requiring special measures for telecommunication/ICT development. 19 RESOLUTION PLEN/2 (DUBAI, 2012) Globally harmonized national number for access to emergency services The World Conference on International Telecommunications (Dubai, 2012), considering that it is important for travellers to be aware of a single well-known number to access local emergency services, noting that Recommendation ITU-T E.161.1, on guidelines to select emergency number for public telecommunication networks, specified two globally harmonized emergency numbers, resolves to instruct the Director of the Telecommunication Standardization Bureau to take the necessary action in order that Study Group 2 of the ITU Telecommunication Standardization Sector (ITU-T) continue exploring the option of introducing a single globally harmonized national number for access to emergency services in the future, invites Member States to introduce, in addition to their existing national emergency numbers, a globally harmonized national number for access to emergency services, taking into consideration the relevant ITU-T Recommendations. 20 RESOLUTION PLEN/3 (DUBAI, 2012) To foster an enabling environment for the greater growth of the Internet The World Conference on International Telecommunications (Dubai, 2012), recognizing a) Summit on the Information Society (WSIS); the outcome documents of the Geneva (2003) and Tunis (2005) phases of the World that the Internet is a central element of the infrastructure of the information society, b) which has evolved from a research and academic facility into a global facility available to the public; the importance of broadband capacity to facilitate the delivery of a broader range of c) services and applications, promote investment and provide Internet access at affordable prices to both existing and new users; the valuable contribution of all stakeholder groups in their respective roles, as d) recognized in § 35 of the Tunis Agenda for the Information Society, to the evolution, functioning and development of the Internet; that, as stated in the WSIS outcomes, all governments should have an equal role and e) responsibility for international Internet governance and for ensuring the stability, security and continuity of the existing Internet and its future development and of the future internet, and that the need for development of public policy by governments in consultation with all stakeholders is also recognized; f) Conference, Resolutions 101, 102 and 133 (Rev. Guadalajara, 2010) of the Plenipotentiary resolves to invite Member States 1 to elaborate on their respective positions on international Internet-related technical, development and public-policy issues within the mandate of ITU at various ITU forums including, inter alia, the World Telecommunication/ICT Policy Forum, the Broadband Commission for Digital Development and ITU study groups; 2 to engage with all their stakeholders in this regard, instructs the Secretary-General 1 to continue to take the necessary steps for ITU to play an active and constructive role in the development of broadband and the multistakeholder model of the Internet as expressed in § 35 of the Tunis Agenda; 2 applicable, in the activities of ITU in this regard. to support the participation of Member States and all other stakeholders, as 21 RESOLUTION PLEN/4 (DUBAI, 2012) Periodic review of the International Telecommunication Regulations The World Conference on International Telecommunications (Dubai, 2012), recalling Resolution 171 (Guadalajara, 2010) of the Plenipotentiary Conference, on preparations for this conference on the International Telecommunication Regulations (ITRs), considering a) international telecommunications (WCIT-12) held extensive discussions on the ITRs; that the ITU Council Working Group to prepare the 2012 world conference on that there have been wide consultations in all ITU regions, involving ITU Member b) States, ITU Sector Members, Associates and Academia and civil society groups, showing great interest in the revision of the ITRs; c) d) a) b) c) that many input documents have been submitted by the ITU membership; the outcome of this conference, recognizing Articles 13 and 25 of the ITU Constitution; No. 48 (Article 3) of the ITU Convention; that the ITRs are one of the pillars supporting ITU’s mission; d) conference; that 24 years elapsed between the approval of the ITRs and their review at this that the ITRs consist of high-level guiding principles that should not require frequent e) amendment, but in the fast moving sector of telecommunications/ICTs may need to be periodically reviewed, noting a) continue to increase; that technological development and demand for services that require high bandwidth b) that the ITRs: 22 i) ii) iii) establish general principles on the provision and operation of international telecommunications; facilitate global interconnection and interoperability; promote efficiency, usefulness and availability of international telecommunication services, resolves to invite the 2014 plenipotentiary conference to consider this resolution and to take necessary action, as appropriate, to convene periodically (for example every eight years) a world conference on international telecommunications to revise the ITRs, taking into account the financial implications for the Union, instructs the Secretary-General 1 to bring this resolution to the attention of the Plenipotentiary Conference; 2 implications of convening WCIT, to provide information to enable the Plenipotentiary Conference to consider the cost invites Member States to contribute to the work outlined in this resolution. 23 RESOLUTION PLEN/5 (DUBAI, 2012) International telecommunication service traffic termination and exchange The World Conference on International Telecommunications (Dubai, 2012), considering that the transition from dedicated phone and data networks to converged IP-based a) networks raises regulatory, technical and economic issues which need to be taken into consideration; that many Member States have expressed a need for the initiation and b) implementation of commercial agreements between authorized operating agencies and service providers of international services, with the objective of empowering all the participants in the new value chain, noting a) services and voice traffic; that some Member States are observing a deterioration in the quality of international that Study Group 3 of the ITU Telecommunication Standardization Sector (ITU-T) is b) mandated to study the development of Recommendations, resolutions and guidelines related to these issues; c) mechanisms arising out of commercial arrangements; that there is a need for broader understanding of alternative dispute resolution d) international telecommunications, that some Member States have concerns for the prevention and mitigation of fraud in resolves to invite concerned Members States to collaborate so that: i) ii) each party in a negotiation or agreement related to or arising out of international connectivity matters can seek the support of relevant authorities of the other party’s State in alternative dispute resolution; their regulatory frameworks promote the establishment of commercial agreements between authorized operating agencies and the providers of international services in alignment with principles of fair competition and innovation, instructs the Director of the Telecommunication Standardization Bureau to take necessary action in order that ITU-T Study Group 3 study recent developments and practices with regard to the termination and exchange of international telecommunication traffic under commercial agreements, so as to develop a Recommendation, if appropriate, and guidelines for concerned Member States, for the use of providers of international telecommunication services in regard to issues they consider relevant, such as: i) ii) conditions for the establishment of invoices conditions for sending invoices 24 conditions for the payment of invoices conditions for dispute resolution conditions on fraud prevention and mitigation conditions for charges for international telecommunication service traffic termination and exchange, iii) iv) v) vi) invites Member States to provide contributions on international telecommunication service traffic termination and exchange to Study Group 3 for the furtherance of its work, invites Sector Members to provide information to Study Group 3 and share best practices in the area of international telecommunication services traffic termination and exchange, including in particular, invoicing.
