H ml! mu; lllllllllllllmlll ll UHH I"! ll THESIS ,4, rr 'v..‘=-.:‘.~\1-'-§ 8 3010 L 13-! a A 153: Y Fiche .. ' H5.- 39 ‘ University x ,« This is to certify that the thesis entitled The Policy Implications of the World Administrative Radio Conference of 1979: An Historical Perspective and Political Analysis presented by William Valentine has been accepted towards fulfillment of the requirements for M.A. degree in Telecommunication Major professor 0-7639 OVERDUE FINES: 25¢ per day per item RETURNIN LIBRARY MYERIALS: Piece in book return to remove charge from circulation records fmfl © 1981 NILLAIM RICHARD VALENTINE All Rights Reserved POLICY IMPLICATIONS OF THE WORLD ADMINISTRATIVE RADIO CONFERENCE OF 1979: An Historical Perspective and Political Analysis BY W. R. Valentine A THESIS Submitted to Michigan State University in partial fulfillment of the requirements for the degree of MASTER OF ARTS Department of Telecommunication 1981 .r. .\ NU 0.6 it! .2 Q ABSTRACT POLICY IMPLICATIONS OF THE WORLD ADMINISTRATIVE RADIO CONFERENCE OF 1979: An Historical Perspective and Political Analysis BY W. R. Valentine The World Administrative Radio Conference of 1979 and the major political issues therein are the foci of this study. Particular attention has been devoted to human rights aspects and the related concept of redis- tributing global resources for the purposes of equitable human development. TABLE OF CONTENTS Preface O O O O O O O O O O O O O O O O O 0 PART ONE: THE GROWTH AND DEVELOPMENT OF INTERNATIONAL TELECOMMUNICATION CHAPTER ONE. Technology and Innovation . . Electrical Telegraphy . . . . . . . . Telephone . . . . . . . . . . . . . . Radio . . . . . . . . . . . . . . . . Television . . . . . . . . . . . . . . Satellites . . . . . . . . . . . . . . Computers . . . . . . . . . . . . . . Future Prospects . . . . . . . . . . . CHAPTER TWO. International Regulation, Administration, and Control . . . . . Telegraph Conferences . . . . . . . . Early Radio Conferences . . . . . . . Modern Radio Conferences . . . . . . . PART TWO: GLOBAL ISSUES THAT IMPINGE ON TELECOMMUNICATION POLICY CHAPTER THREE. Human Rights Aspects of International Telecommunication: Communication in Support of Development . . . . . . . . . . . . Historical and Political Origins . . . The Modern Context for Communication Rights . . . . . . . . . The U.N. and Technology Transfer . . . Page iv 10 12 14 15 18 25 31 32 38 42 ii The Debate Over the New World Information Order . . . . . . . . . . . . . 50 Future Prospects . . . . . . . . . . . . . .56 PART THREE: THE WORLD ADMINISTRATIVE RADIO CONFERENCE OF 1979 CHAPTER FOUR. Background to the Conference . . . 63 The Agenda for the 1979 WARC . . . . . . . . 74 CHAPTER FIVE. Precis of the Conference and Final Acts . . . . . . . . . . . . . . . 79 Steering Committee: Committee 1 . . . . . . .80 Credentials Committee: Committee 2 . . . . . 81 Budget Control Committee: Committee 3 . . . .82 Technical Regulations Committee: committee 4 O O O O O O O O O O O O O O O O .82 Allocations Committee: Committee 5 . . . . . 84 9 to 4,000 kHz: Working Group SBA . . . . . .89 4 to 27.5 MHz Working Group 588 . . . . . . .92 30 - 960 MHz: Working Group 5C . . . . . . . 95 Above 960 MHz - 40 GHz: Working Group 5D . . 96 Above 40 GHz: Working Group 5E . . . . . . . 98 Regulatory Procedures Committee: committee 6 O O O O O O O O O O O O O O O 99 General Administrative: Committee 7 . . . 103 Restructure of the Radio Regulations: Committee 8 . . . . . . . . . 107 Editorial: committee 9 O O O O O O O O O O 108 Final ACts O O O I O O O O O O O O O O O O 109 CHAPTER SIX. U.S. Participation . . . . . . . 122 Preparations . . . . . . . . . . . . . . . 125 Work of the Delegation Summary of the Chapter Afterword . REFERENCES iii 137 157 161 165 POLICY IMPLICATIONS OF THE WORLD ADMINISTRATIVE RADIO CONFERENCE OF 1979: An Historical Perspective and Political Analysis Preface The policy implications of the World Administrative Radio Conference of 1979 (WARC79) are linked to the past through the technological and regulatory history of electric telecommunication. Technological innovation has been the sine qua non of telecommunication for almost two hundred years.1 Shortly after the appearance of a practical tele- graphic apparatus, a need emerged for regulations and inter- national cooperation. Sending messages across national borders required standardization of the equipment and oper- ating procedures. Along with technical considerations were political issues involving national sovereignty, as in the censorship of messages that were considered threatening to the welfare of the state. Economic issues in the form of rate and tariff schedules were also studied and discussed at the first international meetings.2 iv t I v As the world economy has grown, it has also become interdependent. What happens in one country becomes impor- tant in other countries, even if they are separated by thousands of miles. The expansion of international commerce in the last century was the impetus for many research and development efforts to improve the speed and capacity of systems that conveyed human communication. Telecommuni- cation has become the connective tissue of information societies. During the 1960's, telecommunication was recog- nized by President Lyndon Johnson‘s Administration as having, "progressed from being an essential support to our international activities to being also an instrument of foreign policy."3 This thesis will proceed from a review of historical factors into a report on current events (Parts I and II). The issue chosen for detailed analysis is the debate between developing and developed countries over the future world "Information Order”. Part III presents a synopsis of the World Administrative Radio Conference, which was held from 19 September 1979 to 11 December 1979, and a summary of the U.S. government's ratification process of the Final Acts of WARC7 9 . The underlying purpose of this thesis and its organi— zation is to present a cohesive view of modern telecommuni- cation from the birth of telegraphy to the emergence of direct broadcast satellites. It is intended, by tracing the history of innovation and regulation, that this process vi will provide an appropriate foundation for understanding the subtle complexities that were a part of the negotia- tions at WARC79. A major theme to be stressed throughout this work is the concept of development as it applies to industrialized and third world nations alike. Progress and development are linked to the means and quality of human communication. :With the decolonization of natural resources has come de- mands for the decolonization of information: Political, economic, social and cultural factors impinge on the tech— nology of telecommunication. Information scientists and technocrats must recognize these factors share equal impor- tance with purely technical choices. Sincere appreciation is extended to the many librarians, technicians and analysts who provided invaluable assistance in collating many obscure documents. To Elizabeth Valentine for her constant support and knowledge of the law which proved to be the prinicpal assets of this study. I am also indebted to Michelle King and Lori Pena for their biblio- graphic and word processing skills. The basis for this analysis is a direct result of the encouragement and advice given by Thomas Muth, Ph.D., J.D. In the classroom and as thesis advisor, Dr. Muth offered expert opinions that challenged and enlightened my education. PART ONE THE GROWTH AND DEVELOPMENT OF INTERNATIONAL TELECOMMUNICATION VALENTINE FROM A TELEGRAPH CLERK (T TO A TELEGRAPH CLERK Q "0 TELL ME, WHEN ALONG THE LINE FROM MY FULL HEART THE MESSAGE FLows, WHAT CURRENTS ARE INDUCED IN THINE? ONE CLICK FROM THEE WILL END MY WOES-u JAMES CLERK MAXWELL CHAPTER ONE Technology and Innovation The word telecommunication has origins in ancient Greece. The prefix 'tele-” denotes operations over long distances. The International Telecommunication Union has defined the word as "any transmission, emission or reception of signs, signals, writing, images, sounds, or intelligence of any nature, by wire, radio, optical or other electro- magnetic systems."1 The first organized means of telecom- munication were quite simple. Early techniques employed mirrors for reflecting sunlight, smoke signals from hill- t0ps, drums or the human voice. The eminent scientist Robert Hooke proposed a system of visual telegraphy nearly three hundred years ago. One hundred years later a working system was developed. This occurred in France, and it became an integral part of Napo- leon's military communications network. Other systems soon followed in Europe and America. Because early forms of long distance communication required large investments of capital and labor, their use was restricted to government, especially military, appli— cations.2 In addition, use was only possible under favor- Iable weather conditions and in the daytime. The optical telegraph, like the pony express, was only an interim 1 2 solution to a long-term problem. At the close of the 18th century, experiments with electrostatic energy began to show promise as a means of sending messages over wires. Electrical Telegraphy Although electrostatic generators had been a philos- opher's toy for many years, they were not viewed as prac- tical inventions until the growth of steam-powered rail- road trains produced a corresponding need for rapid communi- cation. Once the initial problems of function and design were overcome, the evolution of electrical telegraphy followed a path as swift as the locomotive. The telegraph was a ubiquitous mode of communication by the middle of the 19th century. Since use of the device was relatively in- expensive, business and personal communications could be transmitted. Soon, the use of the telegraph for commercial and private communications dominated the medium. Newspaper publishers were some of the first private organizations to see the value of nearly instantaneous communication via telegraph. In 1980, Julius Reuter began the news agency that still bears his name. Originally, his service was known as "Reuter's Telegrams.“ Reuter also utilized carrier pigeons to relay news information between European capitals. When the transatlantic cables were installed the entire nature of world events was dramatically altered. Had the cables been in place 50 years earlier, the Battle of New Orleans would have never been waged and perhaps the whole 3 War of 1812 could have been avoided.3 Some historians have linked the creation of the modern nation-state directly to the emergence of the railroad and telegraph.4 With these innovations, long-distance communication became possible over nation-sized geographical areas. One major disadvantage of the telegraph has always been the time required to receive a reply. The interactive qual- ity of human speech is lost in the encoding-decoding process of sending a telegram. A ”musical telegraph" was proposed by some inventors, but the device now known as the telephone was not immediately viewed as a means of interpersonal communication.5 Once the telephone was developed, however, its adoption in the U.S. and other industrialized countries was swift. Telephone As in the case of electrical telegraphy, the invention of the telephone was not simply the product of a single per- son. Actually, many people took part in telephonic research and development leading up to the achievement of Alexander Graham Bell. Bell applied for a patent on Valentine's Day, 1876. Later on the same day, Elisha Gray filed a caveat for a similar invention of his own.6 After extensive litigation, the dispute was settled in Bell's favor and he received much credit for the birth of a new industry. Refinements in switching mechanisms and in long-distance signal transmission connected thousands of communities. The telephone industry required a major commitment to research 4 and development in order to build a large system with paying subscribers. The effects of this process have appeared in many fields tangential to telecommunications.7 The telephone brought more people into contact with telecommunication than did the telegraph. In combination, the two modes of communication exerted much influence on daily affairs by the close of the 19th century. The next century would introduce mass communication through radio broadcasting. ESE Before there was radio there was wireless telegraphy. A wireless telegraph apparatus was invented after the dis- covery of electromagnetic waves. The existence of radiation propogated by simultaneous periodic variations of electric and magnetic field intensity was postulated by James Maxwell and demonstrated by Heinrich Hertz. During the last half of the 19th century these two physicists, the former from Scotland and the latter from Germany, laid the foundation for two identical, yet separate, innovations.8 In 1895, the Russian, Alexander Popoff, set up a re- ceiver-antenna configuration and published the results of his experiments later that year. An Italian, named Guglielmo Marconi, also worked on a similar device, but he did not receive a patent until 1897. Consistent with the origins of the telegraph and telephone, there is a dispute over the original invention of the radio. Marconi also organized the first transatlantic radio transmission in 5 December, 1901. The radio had already been responsible for saving lives at sea by then, which further aided the adoption of this new communication medium.9 Marconi is more famous than Popoff, largely because he fully realized the commercial as well as the scientific implications of his invention. On the other hand, the Soviet Union cele- brates the 7th of May as Radio Day, in honor of Popoff's accomplishment. The idea of transmitting human voice and music without wires occupied the imagination of many inventors. Two Amer- icans contributed significantly to the effort. Reginald A. Fessenden, a Canadian working in the United States, was the first person to stage a successful radiotelephonic broadcast. The date was Christmas Eve, 1906.10 The other major figure was Lee DeForest. After receiving his Ph.D. from Yale in 1899, he went to work for the Western Electric Company, but then obtained financial backing to form the American De- Forest Wireless Telegraph Company. DeForest read a lecture by the British physicist, John Fleming describing a rectifier. This was a device that would allow current to flow one way, but not the other. DeForest's idea was to produce much more powerful voltage than Fleming's ”valve." He called his invention the audion tube. He used it to broadcast voices from the Eifel Tower in 1907.11 DeForest and Fessenden were embroiled in liti- gation, between each other and with other companies over the use of their respective patents. They were both to .-'_. ..—__- 6 receive comfortable compensation for their efforts. The audion remained the only electrical amplifier available until the invention of the transistor in 1948.12 Instantaneous transmission, elimination of wires, and lightweight portability are but three obvious advan- tages of radio. Transportation, again, played a funda- mental role in the development of new telecommunication technology. The need to maintain continuous contact with ships at sea became tragically apparent after the sinking of the Titanic in 1912, and it brought about a sudden reliance on the radio. That same reliance on radio con— tinued with the establishment of the commercial airline industry in the 1920's. The 1930's brought radar to the expanding uses of the electromagnetic spectrum. Broadcasting began in the early 1920's and quickly put pressure on the capacity of the available radio spectrum. A major change in the regulatory structure of telecommuni- cation was catalyzed by the problems of the new mass medium. Broadcasting by radio put people in touch with global, na- tional, and local events on a real-time basis. The impact of radio broadcasting continues to be an important factor in cultural, political, and economic affairs. Television An early version of television was devised by G. R. 13 It consisted of a Carey of the United States in 1875. mosiac of selenium cells which operated much like photo- electric cells. These, in turn, were connected to a series 7 of tiny electric lamps. The system proved quite imprac- tical, however, a man in Germany saw in this device the potential for a working system. Paul Nipkow, of Berlin, made a rotating scanning disc that could achieve a hazy picture, but the device was also impractical because the scanner simply could not be spun fast enough to produce a satisfactory picture. The year was 1884. The brilliant Russian scientist, Vladimir Zworkin, began experimenting with the cathode ray tube in the 1920's. The cathode ray tube had been developed by an Englishman l4 Zworkin realized that the named Joseph Thompson in 1897. incredible speed by which the beam operated could be used for an efficient scanner when it was under the influence of electromagnets. His invention was called the iconoscope. The American Philo Fransworth perfected a tube for re- ceiving the electrical pulsations of the iconoscope and turning them back into images. Had it not been for the outbreak of the Second World War, television would have been a practical reality sooner than 1946. Today, television effects the lives of billions of peo- ple--from the screaming hordes in Teheran to the inner sancta of American suburbs. Since the introduction of cable and subscription television, the way in which we view the world has been completely altered. The inception of video- conferencing is also revamping the way business, education, and government is conducted, while the combination of satel- lites and television has spawned a debate involving national ,.; 8 sovereignty, cultural imperialism, and human rights. Tele- vision has progressed from infancy into adolescence, eclips- ing radio along the way in dominance of the popular enter- tainment market and in news reporting. Satellites The notion of space tavel stretches all the way back to ancient myths. In fact, some popular writers contend the idea is linked to the development of civilization itself.15 A story about an ocean ship blown to the moon was related by 16 Lucian of Samosata in his Vera Historia in 160 A.D. In 1865, the year the ITU was established in the same city, Jules Verne published a book, titled, De la Terre a la Lune. It is remarkable that in his prophetic novel, Verne set the launch in Florida and placed three astronauts aboard the space vehicle.17 On 4 October 1957, the space age began, with the suc- cessful launch of Sputnik l by the Soviet Union. Sputnik was the first artificial earth satellite. The event sig- nifies the beginning of the space race between Russia and America. The contest culminated in the U.S. Apollo moon landing on 16 July 1969. Telecommunication has been an important factor in the exploration of outer space through the four functions of tracking, telemetry, command, and control.18 The exploitation of outer space has also begun and telecommunication is in the forefront with communi- cations satellites. The geostationary orbital path, 22,300 miles above the equator, became the first limited natural 9 resource from beyond the earth's atmosphere to be claimed for commercial purposes. The use of satellites for communications began in 1960 with Echo I. Communications satellites can be categorized under two headings, passive and active. The first group merely bounces signals back to earth off their inflatable, reflective surfaces. Echo I and II were of this variety. The second type of communications satellite is one that receives, amplifies, and re-transmits signals. The active satellites were initiated with the deployment of Telstar on 10 July 1962. The following year, Syncom I was launched and the geosynchronous orbit was utilized. The use of the geostationary orbit was suggested by another science fiction writer, Arthur Clarke at the end of WorldWar II.19 Remote sensing of the earth's natural resources by satellites has become an important feature of economic planning and development. Presently, this technology is only accessible to developed countries and the technicians able to interpret the data. Use of spectrum space for solar power generating stations in orbit is currently being pro- posed. The power would be stored on board until needed and then transmitted to the earth via microwave beams. The environmental implications are yet to be resolved, as well as the allocation of frequencies for its use.20 Direct broadcast satellites (DBS) have been controver- sial since they were first conceived. DBS is a system that 10 utilizes the geostationary orbital path to beam television signals into private homes which have a small receiving dish instead of an antenna. Although there are few systems in operation, the issue remains an international point of contention in bilateral and multi-lateral negotiations. Should another world war take place, satellites, tele- vision, and telecommunication in general, would be instru- mental weapons in espionage and propoganda. A recent best- . . . 2 selling novel has drawn one p0331b1e scenario. Computers The average person is largely unaware of the relevant position in telecommunication held by computers and informa- tion systems.22 This technology has become indispensable to the orderly functioning of developed societies. The ad- vances made in the storage, retrieval, processing, and dis- tribution of information have been labeled, '...the central technological achievements of the twentieth century's third quarter."23 In the administration of government, the com- puter has been described as the greatest contribution to effectiveness and efficiency of operations made in modern times.24 As in the case of satellite technology, this thesis will focus on computer technology and how that pertains to telecommunication. Some of the regulatory issues concern- ing this technology will also be covered in the appropriate sections that follow. 11 Computers have existed in various forms since ancient times. Devices were employed to predict the exact change of seasons, survey land, and do mathematical calculations. The modern machines can handle enormous quantities of data with impeccable accuracy and at speeds that go beyond human capabilities to measure without the aid of other machines. Punched cards were invented in 1880 by Herman Hollerith, an employee of the U.S. Bureau of Census.25 An English mathe- matician named Charles Babbage outlined the basic functions of a computer in a paper he wrote in 1822. It was not until 1944, however, that engineers were able to build a working computer. It was assembled by International Business Ma- chines Corporation and presented to Harvard University.26 Computer technology was greatly advanced by the needs of the space industry, especially in the U.S. Apollo pro- gram. The need for rapid, interactive information processing was a prerequisite to attaining the goal of putting humans on the moon and bringing them home. In addition, the space program required unprecedented microminaturization of in- formation processing technology. These advances have been absorbed into the telecommunication industry very quickly. In less than a decade, experimental technology has become commonplace. Electronic Switching Services (ESS) are one example. With this equipment, tracing a call can be almost instan- taneous, data communications and processing can be con- ducted over regular phone lines. Enormous quantities of 12 information can be stored in tiny cells for a fraction of the costs of just 15 years ago. The use of computers for management of the electro- magnetic spectrum and the geostationary orbit is becoming accepted by some countries.27 But there are presently no university programs for training individuals in this area.28 In the late 17th century, Gottfried Leibniz speculated on a time when courts could be abolished. He believed that, in the future, disputes would be settled by mathematically solving the impartial equations to show who was right and who was wrong.29 The USA was able to use a computer for helping to resolve the discrepencies between 14,000 pro- posals made by the members of the ITU at WARC79. Although the computer did not solve all the differences at the Con- ference, the trend is evident. Future Prospects The evolution of telecommunication will continue in the next two decades with the merging of services such as tele- phone and (cable) television. Computer terminals, satellite transmissions, and teleconferencing are but a few peripheral services that are being offered by multinational corpora- tions and government subsidized enterprises.30 The regula- tory issues connected to this integration of services will occupy an important place on policy-makers' agenda for the next two decades. The first chapter has shown that the evolution of tele- communication technology has always been an international l3 effort. It is certain that, without the free exchange of scientific information, the emergence of international telecommunication would have been greatly delayed. At the same time, it has been necessary to protect the interests of those who labor to further technological innovation. Resolving the dilemma created by conflicting issues such as these can only be accomplished through international organizations. It is hypothesized that the ITU, must adopt a more dynamic approach to planning and control of international telecommunication. In order to deal with the problems created by new technology and new politics, the ITU will have to respond by improving its structural design. A stronger commitment toward correcting the exigencies and inequities within telecommunication systems in developing countries will become a major bargaining chip at future conferences. Some writers have posed the possibility of a "tele- culture” emerging from a global telecommunication network.31 The components are in place for information utilities to extend their rhizomatous services into communities of all sizes. The "global village" foreseen by Marshall McLuhan now appears just over the horizon.32 But a lot depends on the shifting priorities for world order. Before going into a detailed analysis of these issues, it will be useful to review the origins and repercussions of regulatory activ- ities in international telecommunications. CHAPTER TWO International Regulation, Administration, and Control The application of electricity to long-distance com- munication swiftly altered relations among nations during the 19th century. Two factors were responsible for this. Around mid-century, telegraphy demonstrated the nearly instantaneous speed at which electric communication oper- ates. The other factor, coming at the end of the century, was the ability of radio to cross national boundaries with or without prior consent. It soon became apparent to tele- communication specialists that national borders imposed artificial limits on the efficacy of the new technology. The political and social differences of various tele- graph Operators on both sides of a country's borders added to the difficulties. These initial problems often detracted from the speed, accuracy, and secrecy of messages trans- mitted over national frontiers. The problems persisted with the introduction of radiotelegraphy and later, broadcasting. The use of radio for brOadcasting quickly established this mass medium as an important source of information. It was also seen as a powerful influence on society, but early attempts at regulation were largely ineffective. 14 15 The European countries first recognized the need for international agreements. By the mid-nineteenth century, a Telegraph Union appeared and in the early twentieth cen- tury, an International Radiotelegraph Union was organized. Telegraph Conferences Soon after the telegraph became technically and eco- nomically feasible, the need for cooperation among admini- strations was realized. In 1848, the linking of the Prus- sian capital city with outlying districts of the kingdom required fifteen separate agreements. The first inter- national agreement was signed the following year by Prussia and Austria. The Austro-German Telegraph Union was created when other Central and Eastern European countries joined the original pair. The West European Telegraph Union was formed in 1851 by France and Belgium. Both organizations added more countries to their membership. The two unions con- tinued to work together until 1865 when they merged in Paris to become the International Telegraph Union.1 There was no American present at the 1865 conference, but the telegraph instrument invented by the American, Samuel F. B. Morse, was adopted for use on international lines. The second ITU conference was held in Vienna in 1868. The Union established the International Bureau of Telegraph Administrations at this meeting. The Bureau served an in- dispensible administrative function in the early days. 16 The first two conferences dealt with the problems of land telegraphy in Europe. The next conference included submarine cables on its agenda. The United States had industrial interests in this technology. The American entrepeneur, Cyrus Field, attended the third ITU conference in Rome in 1871. He was not representing the U.S. in any official way, but was there as a representative from a private British company. The fourth Union conference was held in St. Peters- burg, Russia in 1875. The convention and regulations that were developed at this meeting remained in effect with only minor changes until 1932. The U.S. was invited to send a non-voting observer, which it did. Because the U.S. was not a member of the ITU, it could not vote. In order to become a member, countries had to own or control the telegraph industry inside their borders. Rep- resentatives from member countries could then sign agree- ments, including rate schedules, that would be enforced. The U.S. policy of not interfering with private companies prevented it from becoming a member of the ITU. The Ameri- can ambassador to Russia, Eugene Schuyler, was this coun- try's observer to the meeting in St. Petersburg. Schuyler commented on the convention and some of the Inain points of the conference. He noted that the principles th'the convention included (1) the "right of everyone" to c<3rrespond by means of international telegraphy; (2) con- fidentiality of the contents of the telegram, unless the 17 welfare of the state is in jeopardy; (3) if the welfare of the state is threatened, the state could withhold all or part of the telegram; and (4) the cost of the telegram was to be determined by the number of words.2 Following the St. Petersburg conference, a series of submarine cable conferences was held during the 1880's. Participation by the United States was minimal at these meetings. The slow ratification process in the U.S. Senate, coupled with the country's unique private ownership of tele- graph companies kept the U.S. on the sidelines during these initial international telegraph conferences. Early in the twentieth century, the United States was invited to become a member of the ITU. At the 1908 ITU conference the matter was discussed, but the invitation was declined. It was not until after World War I that the U.S. government really become concerned about international tele- graphy.3 Many of the cables that were cut and diverted by the Allies during the conflict had previously served the United States. An American Committee of International Telegraphic Communication met in November, 1918 to consider the cable situation which was worse after the war than before.4 The final report of this meeting recommended that the U.S. should expand its facilities. The report also said the League of Nations should control all cable and radio apparatus. The seeds were sown for coordinating all forms of electric communication within a single international administration. 18 A preliminary conference opened in Washington, D.C. on 8 October 1920 to consider how to deal with the problems of post-war telegraphy. Unfortunately, no plans for resolving the problems came out of the conference. The United States cable facilities in 1920 were still not up to their pre-war conditions. In addition, this was a non-Union conference and therefore, the conferees did not take it very seri- ously.5 Early Radio Conferences Analogous to the history of telegraphy, the regulation of the ”wireless" became an important part of the industry shortly after the development of technical and economic arrangements. On the other hand, facilities and regulation of ordinary telegraphy did not resemble or fit the situation with the radio. The wireless telegraph allowed distant communication between ships as well as ship to shore. This greatly contributed to the safety of life at sea, but regu- lations were required to provide intercommunication among the various types of equipment.6 Ancillary agreements were necessary for the assignment of frequencies and rules of operation. The first international meeting to consider radio regu- lation was a preliminary conference called by the Prince of Prussia. It was held in Berlin in 1903 with nine countries, including the United States, in attendance.7 Alexander Popoff was a member of the Russian delegation. The main Ipurpose of the conference was to undertake preliminary 19 studies. Assuring freedom of correspondence also was one of the objectives.8 The director of the Western Union Tele- graph Company, J.I. Waterbury, was a U.S. delegate. He noted three main obstacles to providing a practical system of radio telegraphy. They were: how to prevent interfer- ence; how to obtain range; and how to ensure secrecy.9 The Final Protocol of the Preliminary Berlin Conference stipulated that, "...coast stations should be bound to re- ceive and transmit telegrams originated from or destined for ships at sea without distinction as to the system of radio used by the latters."lo This principle formed the basis for the subsequent regulation of radio communication. The American proposals had a significant influence on the Final Protocol. Problems with international radio continued, in spite of the Preliminary Conference. A major controversy trans- pired between the Marconi Company, the U.S. and Germany. The British firm refused to accept messages from ships using German equipment. When the Marconi Company operators declined to do so while on an American lightship, they were told to pack up their equipment and depart.11 The United States continued to ponder the policy prob- lems related to radio during the interim period between the Preliminary Conference and the First Radio Conference of 1906. An interdepartmental board was set up by President Theodore Roosevelt in 1904. The group was to consider the general topic of radio regulation as well as to formulate 20 specific proposals for the U.S. delegation to present at the 1906 conference. The board also recommended certain legis- lative measures to prevent interference, avoid control of the technology by monopolies, and furnish the government with the proper guidelines for handling the international aspects of radio. Along with these rudimental investigations came recog- nition of the electromagnetic spectrum as a limited, albeit renewable, natural resource. Congestion of the airwaves can easily occur without spectrum management. If two stations in close proximity operate on the same frequency, there will be poor reception of both stations. If one of the stations is using more power, then it will simply ”drown out” the weaker signal. When the question of harmful interference arises be- tween two or more countries, then technical issues collide with political issues. The difficulty lies in reconciling the conflict between national sovereignty rights and the need for international cooperation. The First Radiotele- graph Conference in 1906 sought to establish a legal frame- work for coordinating the incipient problems of radio com- munication. The Radio Convention, drafted by the host country (Germany) and accepted by the Conference, was based on the ITU Convention of 1875. The Bureau of the ITU at Berne was designated as the central administrative office of the Radiotelegraph Conference. The Convention became effec- tive on 1 July 1908. The U.S. Senate did not ratify the 21 Convention, however, until just before the second confer- ence Opened in 1912. The second Radiotelegraph Conference was convened in London on 4 June 1912. Just three months prior to the con- ference the 'unsinkable' Titanic struck an iceberg and foundered with a loss of more than 1,500 lives. Another ship, the Californian, was close enough for the officer on watch to observe the distress flares, but he did not under- stand their meaning. The only radio officer on board the Californian had gone off-duty fifteen minutes before the catastrophe. He had attempted to warn the Titanic that ice- bergs had been sighted, but was told to "shut up“ as the Titanic was corresponding with Cape Cod at the time.12 A major non-technical problem arose at the conference over the number of votes to be accorded to each nation. A country could have as many as six votes. Because the United States had delayed ratification of the 1906 conven- tion, it was not eligible for the maximum number of six votes. The procedure, established by the 1906 convention, was that a member had to be a "contracting country“ six months prior to the next conference.13 But the U.S. dele- gation was able to wage a successful floor fight at the meeting to obtain the six votes. The U.S. also managed to have any reference to rates excluded from the convention. The delegation stated in the Final Protocol that the country ‘was, '...under the necessity of abstaining from all action in regard to rates, because the transmission of radiograms 22 as well as of ordinary telegrams in the United States is carried on, wholly or in part, by commercial or private companies."14 The date for the third conference was scheduled for 1917, but World War I made this impossible. The Third In- ternational Radiotelegraph Conference was eventually held in 1927. The interim between the second and third confer- ences witnessed many changes in the technology and applica- tion of telecommunication. In addition, the world order had undergone significant changes during the 13 year span sepa- rating the two conferences. The League of Nations was created, Germany was defeated, then economically debili- tated, a revolution transformed Russia, and radio broadcast- ing had burst into existence. The Third Radiotelegraph Conference opened in Washing- ton, D.C. on 4 October 1927, to revise and update the 1912 radio convention and regulations. Secretary of Commerce, Herbert Hoover, chairman of the U.S. delegation, was elected Chairman of the Conference. As the host country, the U.S. had primary responsibility for assigning the chair and vice- chair of the conference committees. As a result, the prac- tice of putting the control of committee affairs in the hands of EurOpean delegates was modified. The committee posts were distributed on a global basis, as opposed to the continental (European) approach of the two previous confer- ences. The U.S. also allowed the news media access to all plenary sessions. In the past, the press had been barred from attending these meetings. 23 At the 1912 conference, five countries (France, Ger- many, Great Britain, Russia, United States), each had six votes while most had only one vote. At the 1927 conference, France, Great Britain, and the United States had the maxi— mum. Germany was reduced to the minimum. After a lively debate, the German delegation was eventually granted six votes, "...out of courtesy."15 Russia did not attend, as it was not invited by the host country, the United States. The need for a permanent organ to undertake studies and present conclusions at future conferences was expressed at the Washington Conference. In response, the Radio Con- sultative Committee was formed at the Conference. The Committee was patterned after those committees in the ITU that deal with telegraph and telephone queStions. The U.S. initially opposed the creation of the consultative committee on the ground that it might interfere with private industry. Guglielmo Marconi spoke in defense of the U.S. position of protecting '...private radio initiative from over-regula- tion."16 The Washington Conference drafted the first Frequency Allocation Table. The Table comprised only a tiny fraction of the frequencies that are listed in the current Table. The original Frequency Allocation Table was defined as 10 to 60 KHz. Today, the Table extends from 10 KHz to 400 GHz. In fact, one major stimulus of innovation in radio communi- cation has been the constant annexation of higher electro- magnetic frequencies. 24 Before the Conference closed on 25 November 1927, the next meeting was scheduled. The conferees decided to meet in Madrid in 1932. This was in accordance with a suggestion made by the International Telegraph Union at its 1925 meet- ing to hold a joint conference to merge the telegraph and radiotelegraph conventions. The concept of allocating fre- quencies by an international organization, for international needs (rather than national), and according to various uses (rather than along political lines), are the three primary accomplishments of the Washington Radiotelegraph Conference of 1927.17 A major political incident at the Washington Conference had to do with the refusal of the United States to invite the USSR. Russia formally protested to the Berne Bureau for the ”political considerations" Washington had exhibited.18 As a result, the Soviet Union did not consider itself bound to the 1927 Convention, which, in turn, caused problems for its neighbors. The Convention of 1927 was quickly ratified by the U.S. Senate. The Foreign Affairs Committee received no objec- tions to the Convention or the Regulations. The Washing- ton Conference has been called the first truly modern tele- communication conference.19 In light of this statement, it is useful to point out that political as well as technical issues have always been a part of the process. 25 Modern Radio Conferences The purpose of this section is to provide an overview of the major radio conferences sponsored by the ITU. The General World Administrative Radio Conference of 1979 will be treated separately in later chapters. There were three preliminary conferences prior to the first joint telegraph and radio conference of 1932. They were the Prague Plan Conference, 1929, the International Radio Consultative Committee (CCIR) Meeting of 1929, and a second CCIR meeting in 1931. Each of these gatherings in- fluenced the agenda of the Madrid Conference. The Prague Plan included specific agenda items to be covered at the CCIR meeting later that year. In addition, the Soviet Union participated and signed the agreements that came out of the Prague conference. The International Radio Consultative Committee which is one of the permanent organs of the ITU, was established at the Washington Conference and came into effect on 1 Janu- ary 1929. The CCIR operates through Study Groups, World and Regional Plan Committees and Plenary Assemblies. The Ple- nary Assemblies meet about every three or four years and draw up a list of technical problems concerning radiocom- munications. Study Groups are formed to provide Member countries with expert advice on the questions. Draft Recom- mendations are then submitted to the next Plenary Assembly where they are adOpted or rejected by the Assembly. Once adopted, the Recommendations are published and distributed by the ITU.20 26 Although the United States voted against Article 17 of the Washington Convention establishing the CCIR, it did send three delegates to the first meeting at The Hague in 1929. The main objective of the CCIR was to prepare the technical agenda for the Madrid conference. The third interim meeting between the Washington and the Madrid Con- ferences was another CCIR conference, held in Copenhagen in 1931. The U.S. delegation of eleven people was aided by the technical advice of the Federal Radio Commission (FRC). The meeting refined the technical proposals to be discussed in Madrid. By the time the joint conference in Madrid was to open, there were over 3,000 proposals to be considered by 80 delegations. Prior to Madrid, there were two meetings titled the Safety of Life at Sea Conferences (SLS) that dealt with the use of radio frequencies. A third SLS Conference was held in 1948. The conferences were originally convened for mari- time matters, but changed in three decades to considering technical, social, economic and political issues.21 The first joint conference convened in Madrid on 4 Sep- tember 1932, with almost 600 persons in attendance.22 A Joint Convention Committee was organized to coordinate the telegraph and radio sessions. The objective of the joint conference was to update the International Telegraph Con- vention of 1875 and the Radiotelegraph Convention of 1927. It is ironic that the former convention was drawn up in Russia but not signed by the United States, while the latter 27 convention was formulated in the U.S. but not signed by the USSR. In Madrid, the main objectives Of the telegraph con— ferees were to agree on the length of code words allowed in telegrams and resulting rates. The radio negotiations dealt mainly with the demands Of countries for more broadcasting frequencies.2 The United States Opposed the Old method of assigning multiple votes to a country based on the number of colonies a country possessed. Prior to the conference, the USA cir- culated a position paper which stipulated, "The right to vote is limited to independent countries and to territorial units possessing a large measure of autonomy, as evidenced by their eligibility for membership in the League of Na- tions."24 A proposal was submitted to the conference by the American delegation calling for the abolition Of all coloni- al votes, however, a consensus could not be reached. Euro- pean countries which held colonies resisted the change in protocol whereas “revolutionary" governments like the USA and the USSR supported the proposal. A temporary system of voting was put forth. This compromise allowed each dele- gation represented on a committee to vote. In effect, the compromise gave colonial delegations voting privileges, as they were included on all the important committees.25 Another major non-technical issue involved the Official language used at the conference. The only Official language of the previous conferences was French. The USA wanted Eng- lish to be adopted as a second official language with the 28 cost Of translation to be shared equally by the entire conference. A compromise was reached that allowed short documents and transcripts of debates to be published in both English and French. The official documents Of the confer- ence which were very long continued to be published only in French. The issue of press censorship was partly covered by the Madrid conference. Failing to Obtain support for a proposal to abolish censorship altogether, the USA sought to have a warning given before censorship was imposed on the press. Other countries wanted greater controls on the international press, calling for measures that were even more strict. The U.S. was actively sustained in this endeavor by the dele- gations from Canada, England, and Russia. The resulting Article 26 liberalized previous canons of press censor- ship.26 The 13th International Telegraph Conference and the Third International Radiotelegraph Conference, convened as two separate legal entities in 1932, but concluded the meeting as a single organization. Liaison was established by the Joint Convention Committee and related technical committees. The most important accomplishment of the Madrid Conference was the signing of a single convention containing the general principles of regulation and control that are common to telegraph, telephone and radio services. When the meeting was adjourned, Article 1 of the new convention came 29 into effect and the International Telecommunication Union emerged. The subsequent meetings of the ITU dealing with radio matters will be summarized later in this chapter. A synop- tic table Of all conferences Of the ITU from 1903 to 1979 appears in the Appendix. The First Administrative Radio Conference Of the new ITU was held in Cairo in 1938. Some Of the technical advances that occurred between 1932 and 1938 included short-wave broadcasting; the use of radar for tracking aircraft; and, television broadcasting in Germany and Great Britain. The IXth Olympic Games were televised from Berlin in 1936. The demand for more alloca- tions and the higher technical standards Of new technology were the main concerns of the Cairo Conference. One of the most far-reaching decisions of the Cairo conference was the allocation of radio channels for future services as well as existing services. This was the first allocation ever in anticipation of future needs.27 In other ways the Cairo meeting was a continuation of business initi- ated at the Madrid Conference. For example, the language issue persisted, although English translators were provided with Office space by the Egyptian government. The American delegation furnished translators and typists, while the Berne Bureau provided duplication and distribution services. The United States was the host country of the next conference, held in Atlantic City in 1947. This was the 30 first meeting since before the Second World War and many things had changed in the intervening nine years. The most important outcome of the meeting was the creation of the International Frequency Registration Board (IFRB) which had responsibility for maintaining the Master Frequency List.28 A secondary result was the Additional Radio Regulations necessitated by the immense growth of radio services during this period. Although the U.S. has recently Opposed the concept of planning conferences, in 1947 it had proposed such meetings to replace the first-come, first-served mech- anism.29 The 1959 Administrative Radio Conference was held in Geneva at the permanent headquarters Of the ITU. The main task of the Conference was to revise the Radio Regulations. In recognition Of the impending uses of space telecommuni- cation, the delegates called for an Extraordinary Admin- istrative Radio Conference to be held in 1963. PART TWO GLOBAL ISSUES THAT IMPINGE ON TELECOMMUNICATION POLICY 5030,, no ”INFO", “one mu I'ocmhe . '- .l:s10‘£;’T Mm - M :iuH‘Ome. u nay-1:9 “FEM. HA “non an: . Owen: one»: rants-ii; u «can era Peanut! Timur... Harm dim “Mm-T Auct- Drawing by Andrei A. Sakharov sent to his granddaughter in Newton, Mass. New York Times, 26 February 1980, p. B4. CHAPTER THREE Human Rights Aspects of International Telecommunication: Communication in Support of Development This chapter focuses on international or diplomatic communication. Human rights are treated as values across cultures and it is their impact on international telecom- munications policies that will be considered. The United Nations Universal Declaration of Human Rights will serve as the basic statement Of human rights because Of its inter- national recognition. WARC79 is significant in this regard because the decisions made at this international conference will shape global communications through the end of this century. The lack Of agreement on the allocation Of frequencies is important because lesser developed countries have attain- ed a numerical voting advantage in the International Tele- communications Union since the 1ast general WARC in 1959. The rhetoric of international politics has acquired new con- cepts as a result of this change. These concepts are often associated with principles Of human rights and serve as points of contention at the international level. 31 32 Five interrelating concepts will be discussed through- out this chapter. The next section documents their prece- dents, followed by a discussion of how they impinge on human rights and international communications. These concepts are expressed in the following ”umbrella" phrases: 1) New World Information Order; 2) Cultural Imperialism; 3) Balanced vs. One-Way Flow of Information; 4) Equal Rights for Nations in the Allocation of Frequencies; and, 5) National Sovereignty Extended to Parking Spaces for Geosynchronous Communications Satellites. These ideas influence the policies Of all 154 countries participating in the ITU and in subsequent regulations. Although every nation's prOposals presented at WARC79 are specific to each government, many can be generally strati- fied along the North/South dichotomy. The North/South dichotomy is used here to refer to the general geographic location, by hemisphere, of the developed (North) and the less developed (South) countries of the world. Historical and Political Origins ”The study and assessment Of human rights is linked inextricably to deeply held values about the good and the bad, the right and the wrong. Judgments are made enormously difficult by ideo— logical and cultural variation. Thus the exis- tence of a document to which many States have consented, even if fewer have honored, is an advantage for an exercise in making statements with cross-cultural and cross-ideological applicability."l 33 What are human rights and how did they come to be articulated within the framework of the United Nations? Before delving into the events Of the 20th century, it would help to sketch out the historical path these modern con- cepts have traversed. The idea Of rights is almost as old as its ancient enemy despotism. The first known use of a word meaning freedom was in the 24th century B.C., when a Sumerian king defeated an oppressive high priest.2 In Greek drama, Anti- gone made reference to a law superior to the law made by government when she refused to obey a decree forbidding funeral rites for her brother. .PlatO spoke Of the notion of justice as though it were handed down by long tradition.3 This is the notion that every human is to be given what is their due. During the Middle Ages this notion flourished most notably in the philosophy of Thomas Aquinas. The controversy then and now has been, what, in fact, is each person's due? How does anything come to belong to a person anyway? And, how does it so truly belong to the individual that every human and every government has to grant it and/or allow possession Of it? Here we encounter resistance from the past to yield answers: "The concept Of 'being due tO' that is, ' right,‘ is Of itself such a primordial idea that it cannot be traced back to a prior, subordinating concept. That is to say, it can at best be described, but not defined."4 34 Medieval philosophers were concerned mainly with duties one owed to the feudal lord or the church. Their belief was in a universal order of things. During the 17th century, the concept of “natural rights", which had grown out Of earlier developments like the English Magna Carta (1215), gained wide recognition. By the 18th century it was commonly held that the proper task Of government was to safeguard such rights. At the end of that century came the American Constitution and Bill of Rights and the French Declaration Of the Rights of Man. In England, Jeremy Bentham had defined rights in terms Of duties. Writing in his Fragment on Government in 1776, he said: "Without the notion of punishment...no notion could we have of either right or duty." Others wrote about Obligations--that no one can enjoy rights unless others meet obligations. Comes now the 19th century and Karl Marx. He believed that humanity is still in its adolescent stage and would not be mature until the emergence Of universal communism-some- time in the far Off future. Only then, according to Marx- ists, would the concept Of rights have any meaning. SO today, when we in the West point to totalitarian control in the Soviet Union, for example, what we see as violations of basic human rights are rejected by the East as simply illusory bourgeois sham. The 20th century has added another facet to the notion of rights. Since the revolutions in Russia and China, human 35 rights are commonly associated not only with freedom from interference of various kinds, but also with positive bene- fits like education, a decent standard Of living, health care and the like. These more recent elements are called cultural and economic rights. Consequently, the U.S. Bill Of Rights relates only to the original set called civil and political rights. The foregoing chronology of human rights identifies these ideas in an historical context. Civil and political rights, then, are a part Of human rights wherein there are also enunciated cultural and economic rights. The right Of access to all public places is being ex- tended to the electromagnetic spectrum in many recent legal arguments. One writer and critic of Western society has pointed out cultural contradictions that relate specifically to communications. The media, ”of course, are neutral. The 6 Another Western purposes to which they are put are not." writer has posed a counter-point to this proposition with the Often quoted phrase: ”The medium is the message."7 Whichever interpretation one chooses, one thing remains clear, access to communication media has become a critical factor in the analysis Of policy and regulation at national and international levels. When the United Nations Charter was adopted after World War II, protection Of human rights was included in Articles 55 and 56. This interest in promoting respect for human rights is an example Of the increasing concern by the inter— 36 national community to secure basic rights and freedoms for all human beings.8 The specific inclusion of human rights provisions in the Charter reflects the reaction of the international community to the atrocities of World War and toward regimes which perpetrate them. The horrors of World War II resulted in a widespread commitment to international protection of human rights as a necessary element to peace, security, and progress. The Universal Declaration Of Human Rights was adopted on 10 December 1948 in the form of a resolution of the General Assembly. Of the 58 states in the United Nations at the time, 48 voted for the Declaration, none voted against, eight abstained, and two were absent. The drafting of the Declaration was an eXample Of intense diplomatic jousting between various cultures and ideologies. Delegates from the United States, Britain and France, sought to restrict the document to the legal for- mulation of articles on the civil and political rights. They held up as models the English Magna Carta of 1215, the American Declaration of Independence Of 1776, the U.S. Constitution Of 1787 and the 1789 French Declaration of Human and Civil Rights. The Western countries were reluc- tant to include specific social and economic rights. The Soviet Union, on the other hand, called for the inclusion of such rights as the right to work, to rest and leisure, to education, and social security. The United States objected to these proposals on the basis that they 37 were "socialist" in nature, and reflected only a socialist doctrine of human rights.9 The economic and social rights proposals were put into the Declaration after much debate. One important point to be made regarding the Declar- ation relates to enforcement. In the United States, if certain minimum conditions of civil rights are not met, then the citizen may go to court to compel the accused to abide by the law. With the United Nations document, this is different. Enforcement of the Declaration is not part Of the United Nation's function. According to the Preamble to the U.N. Declaration of Human Rights, the articles set forth a ”common standard Of achievement,” not enforceable legal obligations.10 Human rights, in short, are statements Of basic needs or inter- ests. The concept presupposes a standard below which it is intolerable that a human being should fall. The Declara- tion is a correlative, then, of the equally modern notion of social justice. The Preamble states that "a common understanding of these rights and freedoms is Of the greatest importance for the full realization of the pledge." To be sure, not all Of the more than 150 nations now in the United Nations share a “common understanding of these rights." Since the Resolu- tion was put forth, nations have taken different and some- times diametrical positions on what the provisions mean. It would be incorrect to assume, however, that con- flicting ideologies are at the root of the problem. It is 38 apparent from municipal to international practice that that it is not unusual for persons of the same ideology to apply different interpretations on a principle or a norm. One writer put it this way, "it seems...a shortcoming in the theoretical work of lawyers, philosophers, and sociologists that they mainly concentrate their attention on the differ- ences, and neglect to stress the common human content of some notions and ideals."11 The Modern Context for Communication Rights The concept of communication rights has evolved from Article 19 Of the Universal Declaration of Human Rights which supports freedom of opinion and expression as well as the right to seek, receive and impart information through any media regardless Of political borders. A recent UNESCO Report on the right to communicate stated that "the changing world situation is bringing about profound changes in human communication. These changes are leading to new and en- larged perspectives. A strong relationship between human communication needs, the development Of communication re- ”12 Within the sources and human rights becomes evident. sphere of North-South relations the treatment of communi- cation rights is multi-cultural in scope and supports the belief that information is a resource and fundamental to 13 The right to communicate is used as "a meta— development. policy, a balancing ethic or as the basis for a new informa- tion order. It thereby provides a unique and necessary dimension in the emerging framework of needs/supplies/ rights."14 39 In the East-West negotiations that produced the Hel- sinki accords, information and communication were given important status. The Final Act of Helsinki encouraged cooperation in four areas: human contacts; information; culture; and education.15 In what has been termed the "third basket", matters relating to the area Of information are described under three sub-headings: (a) improvement in the circulation Of, access to, and exchange Of information; (b) cooperation in the field of information, and; (c) improvement in the working conditions for journalists.16 The differing political ideologies involved at the Conference on Security and Cooperation in Europe which pro- duced the Helsinki agreements have lead to new disputes over human rights. These disagreements, in some cases, have served to delay the easing Of tensions. The manipulation of these issues for propaganda purposes have undermined the intent Of Helsinki and subsequent meetings. One European researcher characterized these propaganda ploys as follows: ”They are an evasion from the many burning problems of humanity, of many nations and societies, of the human being and its position and anxiety in the contemporary world. Now- adays, it seems a comparatively lesser problem to bring about the classic rights Of the individ- ual. The new phenomena in societal develop- ment requires more profound solutions in the political and economic structures of society."17 The first practical enunciation of the right to commu- nicate was made in 1969 by Jean d'Arcy.l8 He wrote an 40 article which discussed the global communication revolution and the need for new social and political concepts to deal with new communication technology. Presently, there are three ideological perspectives on the right to communicate. These are the traditional Western view of freedom of expres- sion, the Easternsocialist view Of national security, and the Third World view with its concern for political and social integrity in international communication and national unity and development as they relate to domestic communi- cation.19 The right to communicate can be separated into three areas: association, information and cultural evolution.20 These areas have contingent freedoms and responsibilities which must be balanced. The right Of association is especially important to individuals who can neither read nor write. This group of people, who comprise one-half of the world's adult popula- tion, rely on their interactions with others to Obtain information. The right Of information as articulated in its present form has produced a receive-only right.21 This is largely a result Of existing mass media organizations and not a limitation Of the technology itself. The proposition has been made that the right to information be expanded from a free flow to a balanced flow. This condition has lead to rigorous debate in the international arena with no com— promise yet in sight. 41 The area Of cultural evolution rights is the most recent and least defined component of the right to communi- cate. It includes a right to privacy as it relates to indi- viduals and to cultural communities.22 In a sense, the right not to communicate is put forth in this area. This is because any culture should be given the Opportunity to evolve on its own without being inundated by unwanted in- formation programming. Cultural imperialism is one descrip- tion of such unwanted information. The term has been de- fined as "the sum of processes by which a society is brought into the modern world system and how its dominating stratum is attracted, pressured, forced into shaping social institu- tions to correspond to, or even to promote, the values and structures of the dominant center of the system."23 The MacBride Commission stated that modern communi- cation is a matter of human rights. The Commission's final report gave this perspective on the right to communicate: "The idea Of dialogue, in contrast to monologue, is at the heart Of much contem- , porary thinking, which is leading towards a El process Of develOping a new area of social rights."24 However, the Commission did not have a consensus on this issue. The member from the USSR, Sergei Loser, pointed out that the right to communicate does not exist as an inter- nationally recognized right and, therefore, should not be 25 included in the report. The controversy surrounding the democratization Of communication continues. 42 The U.N. and Technology Transfer One year after the WARC of 1959, seventeen new nations joined the United Nations. These countries were instru- mental in persuading the General Assembly to pass a resolu- tion which called for an end to colonialism even though the U.S. and other developed countries were against it.26 Eventually, more than 70 new nations were created by the subsequent dismantling of British, French, Belgian, Dutch and Portugese colonies. Today, these third world countries constitute over two-thirds of the U.N.‘s members. An important and far-reaching objective of the present day U.N. is to achieve the new international economic order (NIEO) which was passed by the General Assembly in 1974. This resolution combined many previous proposals of the develOping nations and has since become the centerpiece at the bargaining table between North and South. The develop- ing countries are seeking more financial assistance, trade concessions, fairer prices for their goods and more input in the international financial organizations. The U.N. Con- ference on Trade and Development (UNCTAD), U.N. Conference on Science and Technology for Developement (UNSTD), U.N. Industrial Development Organization, the U.N. Development Programme (UNDP), the U.N. Commission on Transnational Corporations and the Organization for Economic Cooperation and DevelOpment (OECD) inter alia, consider issues relating to technology transfer and its fundamental role in producing long-term economic growth. 43 The United States participates in the transfer of tech- nology and technical information mainly through the activ- ities of American corporations. According to the Department of State '(t)he government ideally tries to avoid measures which would give special incentives or disincentives to in- vestment flows and normally does not intervene in the activ- ities of individual companies regarding international in- vestment."27 In another policy statement, the U.S. govern- ment has asserted '(w)e also believe that the development effort is and remains the primary responsibility of the develOping countries themselves."28 While the U.S. government generally relies on the initiatives of private enterprise to diffuse and distribute the benefits of technological innovation, it also lends support to the needs of developing countries with positions that recognize the legitimacy of linking human rights with science and technology. Ambassador Theodore M. Hesburgh, chairman of the U.S. delegation to UNCSTD gave credence to the call for a new international economic order in his open- ing address. "While our material resources may dwindle, our traditional energy sources may run dry, there is one in- exhaustible and always renewable resource: our ingenuity, our imagination, our knowledge and technology, and espe- cially our common human aspirations that can convert all these into a new world. And let us, with the aid of science and technology, construct a new realm of human rights.29 44 Technology transfer operates on many levels in the international arena. With the predominance of developing nations in the U.N. has come new initiatives for sharing, such as the Conference on Technical Cooperation among Devel- oping Countries (TCDC). This conference, which arose from the resolution on the NIEO, was attended by 138 countries seeking to "build a bridge across the South."30 The objec- tives of TCDC were to build self-reliance in developing countries by promoting collective exchanges of information and technical resources.31 Despite the work of numerous conferences, commissions and permanent agencies of the U.N., many problems remain. The critical issues are still shroud- ed in misunderstanding, mistrust and intransigence. Some argue for a less global approach in these negotiations as well as actual adherence to the agreements reached between develOped and developing countries.32 The International Telecommunication Union (ITU) is the primary organization for promulgating international regula- tions and policies on the use of telecommunications. It is also one of the world's oldest existing international regu- latory organizations. Its purposes are to maintain and extend international cooperation in the use of telecommuni- cation of all kinds, and to promote the development of technical facilities and the efficiency of the services.3 frhe flowchart on the following page (Figure 1) depicts the vvays in which countries may interact through the auspices of the ITU. 45 PLEI'ZPUTEXTIARY CONFERENCES Figure 1. The Members participate in the ITU in a number of ways. inner lines (1-4) illustrate the interactions between a member and the major functions of the agency. The outer lines (5-10) depict the interactions among the major functions of the ITU. See the legend on the following page. 10 46 LEGEND FOR FIGURE 1 Plenipotentiary Conferences meet every 5 to 7 years to establish the policies of the ITU. National governments send delegations to the Plenipotentiary Conference which produces a Convention that is signed by the member nations of the ITU. The Administrative Council and the offices of the Secretary General are responsible for the daily operations of the ITU. National governments provide personnel and make requests for assistance to the Administrative Council. The ITU maintains an international library of telecommunication materials, pub- lishes a monthly journal and various reports for the benefit of member countries. National governments send delegations and proposals to the vari- ous Administrative Conferences organized by the ITU. These con- ferences produce Final Acts, Resolutions and Recommendations that are assembled in a document that carries the force of a treaty. The International Frequency Registration Board carries out studies and registers the uses of the electromagnetic spectrum. The IFRB also coordinates the use of the geostationary orbit. The Consul- tative Committees provide technical support to the member coun- tries. These groups also provide training programs for national administrations. The members reciprocate with personnel and special consultants for these groups. Plenipotentiary Conferences elect the 36 members to the Adminis- trative Council and the Secretary General/Deputy Secretary Gen- eral. The Council and offices of the Secretary General provide administrative support to the Plenipotentiary Conferences. The Council and Secretary General give preparatory and adminis- trative support to the Administrative Conferences. The Adminis- trative Conferences establish international regulations and pro- cedures for allocating resources which are directed to the offices in Geneva. The IFRB, CCITT, and CCIR investigate technical questions to be decided at Administrative Conferences. Some Recommendations and Resolutions from these conferences direct the groups to carry out special studies or assistance. The Plenipotentiary Conferences interact with the IFRB, CCITT, and CCIR in much the same way as do the Administrative Confer- ences. The study groups provide technical information to the con- ferences. The conferences pass Resolutions and Recommendations that direct the groups to conduct studies or provide technical assistance to countries with special needs. The Plenipotentiary Conferences prepare an initial agenda for major Administrative Conferences. The Administrative Conferences also request future conferences and changes in policy through the Final Acts which may be considered by the Plenipotentiary Con- ferences. The IFRB, CCITT, and CCIR all provide technical studies and information for the functions of the Administrative Council and Secretary General's office. The ITU Administration, in turn, provides personnel, budget and other operating assistance to these groups. 47 Within the ITU and the emerging international law of communications, the emphasis has been on functionalism.34 This has resulted in an institutional structure that is closely associated with the technical—scientific exigencies of any particular telecommunication problem. Usually, these matters have taken precedence over non-technical considera- tions. A recent symposium on international communications put it this way: ”In this particular area of International Law and Organization, the technocrat, or at least the technically sophisticated lawyer, has been King..."35 The ITU contributes to the needs of developing coun- tries by providing training programs and technical assis- tance.36 The agency has become increasingly involved with the problems of development largely because of third world pressure. The ITU also favors the pooling of technical knowledge and experience among developing countries as one of the most effective ways to achieve the aims of devel- opment. On the other hand, developing nations presently conduct less than five percent of the world's research.37 Martin Luther King, Jr. once said, it is a cruel joke to expect a man to pull himself up by his bootstraps when, in fact, he has no boots. The Secretary of the ITU has stated that the agency is totally committed to the principles of regional develOpment. Responding to the Plan of Action éidopted at TCDC, the Secretary acknowledged that ”...tele- (NDmmunications constitute the essential infrastructure for 3111 economic, social or cultural development."38 48 The World Administrative Radio Conference (WARC79) was the first ITU general administrative conference to be numer- ically controlled by lesser developed countries. At the same time, it occurred at a point when voices for new world economic and information orders were being heard. Given the relatively broad jurisdiction of WARC79, a certain appre- hension existed among many of the developed countries con- cerning the way in which new orders should be expressed in the institutional setting. Another U.N. agency that deals with questions of in- formation rights is UNESCO. Its goal is to contribute to peace and security by promoting collaboration among nations through education, science, and culture in order to further universal respect for justice, for the rule of law, and for human rights and fundamental freedoms. In many respects the _purpose of UNESCO dovetails with the ITU. Therefore, a brief examination of recent developments within UNESCO is included in this analysis. Several UNESCO conventions are designed to assert the right of everyone to take part in the cultural life of the 39 community to share in the benefits of science. In addi- tion, UNESCO has issued various declarations on informa- tion flows since the first U.N. Conference on Freedom of Information in 1948. The Universal Declaration of Human Rights also appeared at the end of that year. The confer- ence concluded that the freedom of information was ”the touchstone of all the freedoms to which the United Nations is dedicated.40 49 UNESCO, which is noted for long, descriptive titles to its publications, has produced documents such as the Decla— ration Of guiding principles on the use of satellite broad- casting for the free flow of information, the spread of education and greater cultural exchange (1972); and, the Declaration on Fundamental Principles concerning the Contri- bution of the Mass Media to Strengthening Peace and Inter- national Understanding to the Promotion of Human Rights and to Countering Racialism, Apartheid and Incitement to War (1978). At the same time the ITU was holding WARC79, UNESCO's special International Commission for the Study of Communication Problems was preparing its final report. More will be said about this select panel in the succeeding section. The Secretary of UNESCO has noted the dual role of the agency "as a forum for drawing attention to the imbalance and injustices prevailing in the communication field, and as the most apprOpriate institution for mobilizing efforts to solve those problems."41 Actually, UNESCO was the first place where the concept of a new world information order was articulated. It was then endorsed by the U.N. general as- sembly after being moderated somewhat to gain support of Western countries. The U.S. and other industrialized countries made it clear that their support of the resolution was not to imply any indirect commitments or to restrict freedom of the press.42 50 The Debate Over a New World Information Order Information plays a multidimensional role in inter- national relations: as the basis of communication between peoples; as a means of sharing knowledge between nations; and, as a commodity in international trade. The New World Information Order calls for a restructuring of old systems. It is conceptually allied with earlier debates in the U.N. for a New International Economic Order (NIEO). The 1978 UNESCO General Conference witnessed the cul- mination of at least ten years of intensive negotiations concerning the problems of the developing world in gaining greater recognition of their needs. The Conference produced a declaration that attempted to balance the diverse global interests concerning information and communication. This process has led to the idea that information in the modern world is characterized by basic imbalances.43 An obvious imbalance exists between Northern and Southern hemispheres in the volume of news and information emanating from the develOped world and intended for the developing countries. The supercilious response by many developed countries toward the concept of a changing world order has been par- ticularly acute in matters relating to communication and information technology. Counterpoised with this attitude is the argument in favor of restructuring the rules governing information and data flows. 51 The survival of the colonial era is seen by develop- ing countries to persist in the often tendentious inter- pretation of events by the developed countries and their urbane media. In response to this criticism, the developed world often refers to the arguments of the developing na- tions as sans culotte, and usually unworthy of serious consideration. Moral, cultural, or political values pecu- liar to social systems in the North are placed over values and concerns of communities in the South. Although the overwhelming majority of the world's population resides in develOping countries, they are using much less of the avail- able spectrum space than developed countries. For example, the USSR and USA together control 25 percent of the short- wave broadcasting frequencies. And in the higher fre- quencies, the percentage is much greater.44 The principal reasons for this are the lack of technical/economic re- sources in the third world and the 'squatter's rights" policy of the ITU. The export of advertising and acculturation to develop- ing countries is virtually unrestricted and often harmful to the receiving cultures. Even though the information may be detrimental to development aims, little effort is made by developed countries to control the export of their own cultural values. The rights vesting mechanism within the ITU is evolving according to changing patterns of international relations. 52 In the area of spectrum allocation, frequencies tradition- ally have been assigned on a first-come, first-served basis. This method favors those countries that already possess the technical and financial means to utilize radio communica- tion. The developing countries argue that, by the time they are able to use new technologies, there will be no vacant spectrum space. Consequently, they want certain frequencies reserved until such time when they are able to use them. The develOped countries counter these proposals with the contention that such reservation of spectrum space would restrict efforts to use it efficiently.4S Developing coun- tries, in turn, say they could license others to use the space until they are ready to use it themselves. The debate continues. Another problem lies in the allocation of parking spaces for geostationary communications satellites. Only a limited number of slots exist over the equatorial region of the globe from which those satellites can operate. The extension of national sovereignty over these locations in space has been proposed by some third world countries.46 The concern for balanced flows of information is not restricted to North/South discussions, many developed coun- tries have restrictions on transborder data flows and the importation of entertainment programs.47 There are further complications of the issue when multilateral accords involve East/ West points of view. On the bilateral plane there have always been technical, political, economic, social, 53 cultural, and national security considerations. Now these discussions themselves have become the focus of attention as reflected in the demands for reshaping world orders of economics and information. New priorities have evolved for telecommunication aid and development in third world coun- tries.48 The paradigm has shifted from a structure-func- tionalism mode to include an infrastructure-supranationalism component.49 Establishing a New World Information Order has been described as a three-step process: ”One, establishment of new, or the revision of existing communications infrastruc- tures. Two, international co—operation for development of communications. And, three, some transformations in the content and intent of communications."50 Furthermore, the establishment of a new world information order is dependent upon the success of the new international economic order.51 In 1972, Luis Echaverria Alvarez of Mexico proposed a charter of economic rights and duties of states. Speaking before the third session of UNCTAD, the former Mexican President stated that such a charter would ”complement... 52 The subse- the Universal Declaration of Human Rights." quent document adopted as a resolution by UNCTAD prompted the U.N. General Assembly to establish a working group to produce a draft charter. On 12 December 1974, the General Assembly adopted the Economic Charter which has become the foundation of the New International Economic Order. There were no countries voting against the charter, however, there were 15 abstentions, including the United States. i / v 54 The United States has no single policy for responding to the various issues raised by the NIWO53 Although the U.S. International Communication Agency has stated that the NIWO is the guiding philosophy for its policy it has not given much more than lip-service to the concept.54 On the other hand, there has been a growing awareness of these issues within the agency. A major report prepared for USICA noted that ”(t)he strategic implications of the North-South debate on communications should be taken seriously."55 And a report prepared for the U.S. Senate has said that inter- national communication questions are becoming more and more 56 In the same report a broadcaster from North/South issues. Yugoslavia pointed out that ”(i)nternationa1 communications is one of the few issues where 90 developing nations agree. These issues will go faster than one thinks."57 The traditional view which holds that telecommunication systems follow the creation of a solid industrial base has become obsolete. The present view, shared by developed and developing countries alike, is that efficient telecommuni- cation systems are a precondition for development. One member of the U.S. delegation to OECD acknowledged this with the following comment: "Trade doesn't follow the flag any- more, it follows communication systems"58 A senior telecommunication researcher for a major con- sulting firm has used the classic chicken-or-the-egg problem to describe the dilemma facing agencies which dispense 55 foreign aid for economic development: "the lack of tele- communication infrastructure hampers industrial development, while a less advanced stage of industrial development pro- duces a serious shortage of capital and trained manpower which inhibits expansion of telecommunications facil- ities .1333? The United States cannot simply ignore the demands of third world countries for a New World Information Order. This country has many industries in the telecommunication field with a stake in maintaining access to international markets. Furthermore, it cannot close its borders and continue to enjoy its leadership role in science and tech- nology. The transfer of technology and information to developing countries is an appropriate quid pro quo for the protection of vital U.S. interests such as command, control, tracking and relay stations for military surveillance sat— ellites. Other interests fall into the economic sphere such as international banking and business concerns that rely on dependable telecommunication facilities. The U.S. must move beyond the politics of confrontation on mutual gain. Substantive proposals should be made re- garding: trade; technology transfer; monetary reforms; industrialization and investment; food and agriculture; and, institutional arrangements.60 Positive international action in this area would help redress structural imbalances and contribute to the establishment of a more equitable system which, in turn, would benefit the entire world community.61 56 Another problem lies in the generalization of the developing countries. There is great diversity among all nations and the individual needs of developing countries cannot be expressed in terms of average figures. Such statistics can produce ”a spurious impression of homoge- 62 On the other hand, there is some danger that neity." developing countries will View their numerical voting major- ity in the U.N. as an apotheosis, thereby reducing the chances for a meaningful North—South dialogue because of international politicking and bureaucratic manipulation.63 George Bernard Shaw divided society into two opposing classes: at one extreme were those with large appetites and no dinners and at the other were those with large dinners and no appetites. The goal of a new world order should be to work toward eliminating both extremes and creating a menu that is both affordable and satisfying to everyone. Future Prospects This chapter has sought to identify human rights issues that impinge on international telecommunication uses, poli- cies, and regulations. The research has attempted to relate these issues to the general debate between developed and develOping nations of the world. The issues involved in the North/South debate are grouped into five general cat- egories: (1) "establishment view", which is dominant in industrialized countries; (2) "social democratic View", which is a variant of number (1), it advocates the normative 57 process for bringing about change; (3) ”third world View", a semi-official perspective based on the principles of socioeconomic development; (4) 'neo-mercantilist View", which holds that economic policy is the main instrument of political goals; (5) I'historical materialist view“, that calls for restructuring the present global order.64 Ex- amples of these perspectives were presented and analyzed. In light of the recent national elections in the U.S., this section might also be titled: The Rise and Fall of Human Rights in American Foreign Policy. Shortly after the inauguration of Jimmy Carter, a public opinion poll found that Americans were more concerned about human rights than any other aspect of international affairs.65 Four years later, a new Administration, ostensibly with public support, is proclaiming that combating international terrorism would replace human rights as the major foreign policy objec- tive.66 The United States has been involved in human rights issues with varying degrees of interest ever since the Declaration of Independence in 1776 which proclaimed equal- ity and self-determination as self-evident truths. The Emancipation Proclamation and the 14th Amendment broadened the sc0pe of civil rights in America. The League of Nations was the product of Woodrow Wilson's ideas. Franklin Roose- velt's four freedoms led directly to the Atlantic Charter which was embodied in a declaration of the United Nations on 1 January 1942, adopted by 27 countries. One of the key 58 elements of the present proposals for the NIEO was norma- tively articulated in the Atlantic Charter: ”to further the enjoyment by all States, great or small, victor or vanquished, of access, on equal terms, to the trade and to the raw materials of the world which are needed for their economic prosperity."67 It is ironic that the U.S. has since acted to block measures by the U.N. to assist devel- oping countries based on the principles of the Atlantic Charter. The Peace Corps was an innovation by the Kennedy Admin- istration for assisting third world countries with education and skill development. Lyndon Johnson proposed the Great Society as a social experiment designed to lift the nation's poor above the poverty line. The Johnson Administration also concentrated on domestic civil rights legislation, primarily in the area of education. President Nixon re- instituted the quiet diplomacy of the Eisenhower years and achieved the recognition by America of the People's Repub- lic of China. The Nixon Administration's attitudes toward domestic civil liberties led to many alleged violations and the President's resignation. Gerald Ford pardoned Nixon and gave limited clemency to the Vietnam Era draft resisters. Jimmy Carter pardoned all Vietnam Era draft offenders. He implemented a human rights review mandated by Congress for programs administered by the Department of State. On the international level, President Carter appointed a civil rights activist as U.N. Ambassador, Obtained a Peace Treaty 59 between Isreal and Egypt, but also was paralyzed by the Iranian crisis. Ronald Reagan has since proceeded to dis- mantle liberal Democratic programs with the aid of a Repub- lican controlled Senate and the public mandate he obtained in the election. It is too soon to say what impact the new Administra- tion will have on the international level, however, early indicators may provide some insight. President Reagan named a military general as Secretary of State and the Ambassador to the United Nations was chosen primarily on the basis of an article she wrote criticizing the human rights policy of the Carter Administration. When she was a Professor of Political Science at Georgetown University, Ambassador Jeane Kirkpatrick wrote "(t)he U.S. has never tried so hard and failed so utterly to make and keep friends in the Third World."68 The new budget Director has even suggested pull- ing away support from UNESCO, thinly disguised as a cost- saving measure.69 The preceding discussion is intended to illustrate the oscillating posture of the U.S. government with regard to human rights issues. The information presented is the result of a modest literature survey and not an empirical analysis of any particular Administration's policies. The facts clearly indicate, however, that public opinion regu- larly changes, especially in relation to foreign policy matters and the government reflects this vacillating atti- tude in its policies. The result is that opportunities for l \ I 60 meaningful dialogue between North/South countries are lost in a morass of chestpounding verbiage and accusatorial attitudes. What is generally regarded as a free-press in the West is seen by some third world critics, as only a silouette of a truly accessible medium. The Information Minister of Guyana has responded to the issue of government-control versus private-control of the media in the following manner: "By a free press, in the West, you mean a press owned by a few people who have a commercial monOpoly, really a monopoly of the conscience of mankind. They are 'the good people' and they 'know what is right.‘ A free press means, for you, that the owner of the press is free to prevent whom he wants from being heard. You don't have a free press at all. You have a press imprisoned by commercial interests."70_ In 1979, the U.N. Commission on Human Rights emphasized the connection between human rights and the process of development in the third world countries. The Commission noted that "exercise of the right of development implies a reign of peace and the establishment of an international economic order based on respect for human rights.'71 The United States delegation was the only country voting against the resolution by the General Assembly which incorporated language from the Human Rights Commission report. The U.S. contention was that the resolution was fundamentally defec- tive because it did not consider the individual as the basic social unit.72 As one expert put it, "the latest U.S. protest sounds lamentably argumentative since individuals presently have no international standing."73 61 Bits of information that, taken by themselves, may appear only as stray facts, are brought together and form an entirely different picture collectively than when viewed individually. The MacBride Commission's final report was titled, Many Voices, One World to underscore the multi- plicity of arts, sciences, cultures, politics and economics that comprise the mosaic of human communication. There is a preponderance of valid evidence supporting the establish- ment of a new world information order. Indeed, it is appar- ent that the present world order is changing. And arguments for attempting to inject humanitarian ideas into the change process have the weight of world opinion behind them. Ignoring this fact challenges democratic ideals and threat- ens all national interests. The impact of telecommunication technology on society has been three-fold. It has produced completely new modes of sending/receiving information as in the case of satel- lites and laser Optics. It has dramatically reduced costs through innovations like large-scale integrated circuits and magnetic bubble domain memory devices. And it has produced new methods of conserving spectrum space with single-side- band transmitters and digital voice/data networks. Society, on the other hand, has found ever expanding ways to apply new technology. The human rights aspects of telecommuni- cation continue to be debated, ranging from technology 62 transfer to protection against jamming.74 The result has been an increase in highly sophisticated use leading to the continuing congestion of the airwaves. How the members of the ITU rectify this problem will, in large part, depend on relations between industrialized and develOping nations. Not only is the demand for spectrum increasing, but the problems of spectrum crowding are be- coming more difficult and expensive to resolve. It is against this background that WARC79 was held. PART THREE THE WORLD ADMINISTRATIVE RADIO CONFERENCE OF 1979 CHAPTER FOUR Background to the Conference Natural resources that once were taken for granted became major issues during the 1970's.1 Since then, there have been more frequent and stronger demands for conserva- tion, equitable distribution, and non—pollution of the environment. Resources that were once exploited without regard for future needs are now coming under more stringent methods of international regulation. Three notable examples come to mind. At the beginning of the decade came oil and the emergence of OPEC. The oceans and the Law of the Sea Conference have been a perennial problem. At the end of the decade, another forum for the expressiOn of new interna- tional norms was the WARC of 1979 and the use of the elec- tromagnetic spectrum. The new emphasis within the ITU for more planning conferences and equal access to the resource is a direct result of this trend.2 The word "regulation” is important to keep in mind when considering WARC79. With regard to communications media, every government partakes in it. Some more than others, perhaps, yet the result is the same, i.e. control. To ad- dress the question, "why regulate?" would require a separate study. Therefore, this thesis assumes the necessity and importance of regulation. If for no other reason, the 63 64 assumption is made because the media are powerful institu- tions and they frighten people. Especially, government peOple. Take, for example, the recent visit to America by Vice Premier Teng Hsiao-p'ing of the Peoples Republic of China. After experiencing an interview between himself and network news correspondents, (CBS, ABC, NBC, PBS) he told Jim Lehrer that he had been very frightened of them. He wasn't used, he said, to doing such things.3 An inter- esting reaction by a government official from a country where the freedom of expression exists as limited access to a concrete wall on the outskirts of the capital.4 The general purpose of WARC79 was to provide for the future planning, utilization and regulation of the radio spectrum in order to allow the various telecommunication services to fulfill their function, be it national, regional or global in character. iThe Conference dealt with allocations for services, but it did not assign individual frequencieS} The Final Acts of WARC79 comprise the administrative procedures for such action to proceed at another point in time by each national government.5 The duration was set for ten weeks, but was extended an extra week to complete the Final Acts. Even with this extra time, the 1979 Conference was much shorter than previous 65 ITU conferences.6 Generally, the Final Acts will come into force on 1 January 1982, however, many trapsitional features will take much longer to be implemented.i This is because some changes, such as adjustments in the High Frequency bands used for fixed services require the replacement of expensive hardware. Whereas a developed country with a strong financial base may argue for rapid replacement of old technology, developing countries have neither the financial nor the technological infrastructures to adopt expensive, albeit efficient, changes. Compromises on some decisions at WARC79 and postponement to future conferences had to be used to resolve many of the differences between countrieg. The Final Acts carry the force of a treaty and, as such, must be ratified in the U. S. by the Senate before they become binding on the country. The purpose of the treaty is to "...guide subsequent national legislation, provisions and practices to ensure harmonious development of radiocommunication services in accordance with mutually 7 The acceptable multi-lateral arrangements between States.” Final Acts total 1,100 pages and include numerous footnotes, resolutions, and recommendations, as well as major revisions of the Radio Regulations. i:The last major revision of the frequency spectrum was in 1959. At that time, space communication was highly expermental and most countries lacked any television service. 66 There was little use of mobile radio and the millimetric frequencies remained in the laboratory.8 Delegates to the 1959 conference were aware of rapid advancements in aerospace research, but decided to wait until 1963 for an Extraordinary Administrative Radio Confer- ence “to examine the technical progress in the use of radio- communication for space research and the results of techni- cal studies by the CCIR..."9 At the closing session in 1959, the Conference chairman, Mr. C.J. Acton, predicted "an increase in tempo in the development and use of frequen- cies in the higher part of the radio spectrum. Some of these develOpments, for example, the use of telecommunica- tions relating to outer space, could be of worldwide signifi- «10 cance. ‘ The recognition of the value and importance of the electromagnetic spectrum as a natural resource has intro- duced new factors in planning telecommunication services. The Deputy Secretary-General of the ITU recently referred to new dimensions of telecommunication especially in regard to: "--economic, social and cultural development, or —-in support of activities which rely on telecom- _ munication or radio spectrum use for the fulfill— xj ment of their objectives, such as the various earth exploration satellite services, and the uses to which mobile (terrestrial and satellite) are now put or envisaged."ll The 1979 Conference was expected to address broad questions concerning the whole range of telecommunications. 67 These issues are summarized below: To define principles for the use of the electro- magnetic spectrum and the geo-stationary orbit; To define principles regulating the rights and duties of the users; To reallocate frequency bands for the increase in the number of different services throughout the world; To re-examine and revise principles of inter- national cooperation in the field of tele- communication, including the role of the ITU and its permanent administrative organs.12 The ITU conducted preliminary seminars and meetings for countries preparing proposals for submission to the WARC. Numerous bilateral and multilateral discussions also took place between various nations to coordinate their proposals. The ITU's permanent organs were involved with preparation and planning of the Conference in many ways. The IFRB re- viewed the seminar proposals in advance to identify the widest areas of agreement on specific issues.13 The IFRB also was responsible for making available to the WARC technical analyses of the Radio Regulations. The ITU organized regional seminars in Nairobi, Panama and Sydney to help countries prepare for the WARC.14 These preparatory seminars offered workshop-type sessions largely for the benefit of developing countries. The ITU intended that these seminars would ”...provide understanding of vari- ous technical parameters that relate to the future develop- ment of terrestrial and space radiocommunications services 68 and their coexistence with a view to an Optimum utilization of the radio spectrum."15 Some of the topics covered by the seminars were: Role of WARCs and their Final Acts, Scope of the 1979 Conference. General review of the CCIR technical guidelines for WARC-1979. Technical advances leading to a more efficient use of Spectrum for terrestrial services including HF spectrum for fixed service, mobile service and broadcasting ser- Vice. Sharing criteria and problems between land mobile and VHF-UHF broadcasting. Space services and space/terrestrial sharing up to 40 GHz. Technical factors determining the suitability of frequency usage above 40 GHz. Operational questions: new call sign identification Of ship stations and maritime mobile needs. Consideration and discussion of the existing Articles in the Radio Regulations dealing with frequency alloc- ations and the coordination, notification and registration Of frequency assignments. Trends and future use of HF communications. Evolution in existing and new service applications for geostationary satellite orbit use. Short-range radiocommunications (VHF/UHF). Problems experienced by administrations in the application of the existing Radio Regulations.l6 A Special Preparatory Meeting (SPM) was convened in response to a resolution of the ITU's Administrative Council inviting the CCIR "to carry out the necessary studies to ensure timely provision of the technical information likely to be needed as the basis for the work of the Conference."17 69 The purpose of the meeting was to review more than 250 texts identified by study groups as relevant to WARC79. These texts summarized studies of all radio services and frequency bands from a few kilohertz to optical wave— lengths.18 Preparation for the SPM itself took two years to complete. Dr. John Saxton of the United Kingdom was the Chairman. The technical topics investigated by the CCIR Study Groups were assigned coordinators for the SPM. The SPM was organized to address the following topics: Terminology: classification and designation of emissions; Terrestrial services up to 40 GHz, technical data for allocation and regulations; Space services and space/terrestrial sharing up to 40 GHz, technical data for allocation and regulations; Monitoring and identification; Services above 40 GHz, and optimum use of the spectrum; Propogation; Resolutions and recommendations related to CCIR work; Drafting.19 More than 250 engineers from 87 countries, dis- cussed over 400 papers submitted to the SPM. The final report totalled 600 pages.20 The SPM set forth new or revised definitions for telecommunication services, which were submitted to the WARC79 for consideration. The CCIR Study Groups working 70 on the Special Preparatory Meeting divided their tasks according to similar topic areas. Definitions concerning radiocommunication interference, for example, were prom- ulgated by a CCIR Study Group and reported in the Draft SPM Report. Some relevant definitions from this group are: Interference: The effects of unwanted energy due to one or a combination of emissions, radiations, or inductions upon reception in a radiocommunication system, manifested by any performance degradation, misrepresentation, or loss of information which could be extracted in the absence of unwanted energy; Interfering source: An emission, radiation, or induction which is determined to be a cause of interference in a radiocommunication system; Permissible interference: Observed or predicted inter- ference which complies with quantitative interference and sharing criteria contained in the Radio Regulations or in Recommendations of the CCIR or in regional agreements as provided for in the Radio Regulations; Harmful interference: An interference which en— dangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service Operating in accordance with the Radio Regulations. Note: It is recognized that, under certain circum- stances, a higher level of interference than that defined as permissible may be accepted by agree- ment between the Administrations concerned with- out prejudice to other Administrations, but it is not considered possible to set down any precise values for this interference level - each case must be treated on its merits. This inter- 1 ference level may be called accepted interference. In addition to the preparations organized by the ITU, individual nations gathered together to share ideas on mutual problems. Private and quasi—nongovernmental organizations, (referred to as ”quangos" by the Economist 71 and other publications), also sponsored international meetings to discuss WARC79.22 These meetings all stressed the importance of national communications policy planning and suggested ways to establish coordinating bodies in 23 0 These seminars were the area of telecommunication. organized on a multidisciplinary basis and utilized con- sultants from telecommunications, broadcasting, information and related interest groups. They sought to clarify and analyse major policy issues to be discussed at WARC79.24 (fA significant problem identified by those attending the various preparatory meetings was that most of the countries about to attend the conference were unable to participate 25 This lack of a in the technical studies of the CCIR. prOper institutional framework within many developing coun- tries is seen as a major reason why their telecommunications planning lags behind developed countries?6 The actual preparations undertaken by the United States will be considered in Chapter 6. The comparative analysis in Chapter 6 is restricted to those Administrations that speak English. References to information and original documents from the United States, Canada, Belize, United Kingdom, American Samoa, Australia and New Zealand are included in that chapter. The preparations by the ITU have been summarized in this section. These efforts provided inputs to the WARC which included: _ 72 the report on activities and matters of concern to the International Frequency Registration Board; The results of the studies carried out by the CCITT in regard to certain maritime mobile service matters including rationali- zation of the Radio Regulations with CCITT Recommendations concerning some operational and accounting issues; the report of the Secretary-General covering three broad aspects: coordination and exchange of data and information through the medium of the General Secretariat; tasks centered prin— cipally on Operational matters connected with the functioning of public corres- pondence and safety services, station identification, etc. matters connected with the publication of service documents, final acts, etc. other tasks entrusted to the Secretary- General by the 1959 Ordinary Admini- strative Radio Conference or by other Administrative Conferences held since then.27 The United Nations sponsored an exhibition one week prior to the opening of the WARC. This event, called Telecom 79, helped to direct world attention on the technology and regulation of telecommunication. It also provided an Opportunity for delegates to the WARC to participate prior to the conference. The Secretary- General of the ITU commented that "...the presence of national pavilions of developing countries enabled dele- gations to become aware of those countries, and their telecommunications projects and requirements, to make 73 economic and technical evaluations; and to engage in pro- ductive negotiations."28 The exposition gave special emphasis to direct broadcast satellite technology and communication between computers. In addition to the exhibition of new technology, a Forum was attended by more than 45 international scientific and engineering associations. The Third World Telecommuni- cations Forum had an ironic title in that this meeting was the third such gathering of its kind and it focused attention on many Third World interests. The week-long Forum was held in two parts. Part one dealt with telecommunication per- spectives and economic implications. Part two was a tech- nical symposium lasting four days. In conjunction with these events, the U.N. sponsored the Third International Festival of Telecommunication and Electronics Films; and the First World Book Fair on Telecommunications and Electronics.29 Sean MacBride, President of the UNESCO-sponsored International Commission for the Study of Communication Problems, delivered an address to Forum 1979, titled, 30 In his opening ”Shaping A New World Information Order." remarks, the distinguished speaker set the stage for the WARC: ”It is most fitting that the ITU,...shou1d provide the Forum for what will surely be an important step in the concrete efforts to establish the much discussed 'New World Communication Order.”31 He went on to say that "...without 74 shifting the emphasis or changing the nature of the delibera- tions--it would be appropriate to look at the whole problem "32 The which is on your agenda in a broader perspective. Third World Telecommunications Forum espoused new principles Of planning and technology transfer. Unfortunately, this symposium presented techniques and technology that remain outside the financial and technical abilities of most develop— ing countries. The Agenda for the 1979 WARC The Administrative Council of the ITU set forth the 33 Most of the provisions deal with initial agenda in 1978. allocations or coordination, notification and recording of frequency assignments. Items on the Agenda relating to the operation of the IFRB and other permanent organs of the ITU opened the possibility of substantial alterations to 34 Another item on the existing arrangements in the ITU. Agenda provided for the adoption of new resolutions. This power can be utilized during plenary sessions to create new norms of international law. The Agenda also asked the WARC to consider recommendations as may be deemed necessary. Recommendations are directed toward one of the permanent organs of the ITU. The purpose of a recommendation directs the ITU to conduct a study or provide technical assistance for a specific problem. The early publication of the Agenda invited comments from many interest groups. Some countries didn't wait for 75 the Agenda to be published before undertaking preparations. The United States conducted in-house studies, and coordinated citizen and industry input to its proposals. This activity 35 was initiated by the FCC five years prior to WARC79. The unprecedented designation of a chairman to the U.S. dele~> gation two years in advance indicates the increasing import- ance of international telecommunications to the United States Government. There were other reactions to the Agenda from individuals writing about a ”hidden agenda" to the 36 WARC. The umbrella issue for the "hidden agenda" was the developing countries' call for a New World Information Order.37 Many communication professional from Third World countries expressed a common issue, the re-distribution of global resources and the redefinition of political, economic and social power structures. As the 1979 WARC approached it became a focal point for this issue. One writer from the Caribbean commented that the Conference would provide the framework for an emerging global communi- cation system.38 "To be equitable to all interests it must be stable, yet have the capacity to expand to meet the needs of all elements in the world community. If WARC'79 is to foster a communi- cations system that is truly responsive to the needs of all people of the world, developing as well as industrialized nations must be 9 represented by able and informed delegations." The North/South dichotomy has already been discussed, however, it is worth recalling in view of the realities 76 of Operating within the present U. N. organization. As one U.N. correspondent put it recently, "When the U.N. demands a new international economic order, the indus- trialized countries are forced eventually to respond to the pressure."40 She goes on to say this is because the 120 or more Third World nations '...constitute well over two-thirds of the U.N.‘s 152 members. They hold 39 percent of the jobs in the U.N.‘s administrative body, the Secretariat, and 42 percent of its high-level positions, and their leverage is greater than those figures suggest because many non—Third-World Secretariat members, including Secretary General Kurt Waldheim, tend to be sympathetic to their concerns and responsive to their demands."41 The United States' Acting U.N. Ambassador commented on the philosophy of change shared by developing countries: "They are asking for a fairer allocation of resources and a fairer return. What they're saying in essence is, 'There are some new players now and you can't ask us to join the game handicapped.”42 It would be incorrect, however, to assume the non- aligned movement is completely unified in its purpose and goals. For example, when Cuba made a bid for a seat on the Security Council, it was rebuffed by more than a third of the movement's members in a secret ballot. This opposition has remained steadfast throughout numerous ballots in spite of Cuba's backing from the Soviet bloc and many Arab coun- tries. Even as chairman of the non-aligned movement, Fidel Castro has not been able to muster all the votes within his own unruly faction in the General Assembly.43 j 77 AtWithin the context of the ITU and WARC79, the North/ South debate could be labeled as access versus progress. On one side of the aisle are a multiplicity of developing countries with myriad populations demanding financial and technical assistance packages along with guaranteed, a priori, spectrum and orbital path allocations. On the other side, almost in a corner, are the industrialized nations with their own demands for standardization, high technology solutions and the freedom to exploit new markets wherever and whenever they exist. After the Conference stalled on its first order of business, The Economist reported, "The Western countries fought back at UNESCO and won, so far. Now the battle has moved from the software to the hardware of communications and to a different U.N. agenc "44 Concerning my personal research of ITU's preparations and agenda for WARC79, I visited Geneva in August, 1979. My reaction is in agreement with a recent appraisal of the .r organization.k "The ITU is full of engineers terrified of controversy and terrified of the press."45 During the Conference, journalists had to steal copies of the list of delegates because the ITU refused to give them to the press.46 This writer found it very difficult to locate the right in- formation while at ITU headquarters and was only given a brief interview with one of the public relations officers. The interview took place in a corridor and an elevator as I was escorted to the reading room. When I returned to the United States, I wrote to the ITU requesting any press 78 releases on the WARC as they became available. I never received a response, although I tried two more letters.47 After the Conference, however, I was able to receive a press release concerning the activities of the Allocations Committee. From the standpoint of public relations, the new aware- ness and demands made on the ITU may cause it to become more responsive. This would benefit the agency. From the per- spective of technical expertise and preparations, the agency does a fine job, as evidenced by the enormous amount of work actually performed at WARC79. CHAPTER FIVE Précis of the Conference and Final Acts As the 1979 World Administrative Radio Conference opened during the last week in September, it looked like politics would stymie the Conference. The Third World countries blocked the Western countries' choice of a chair- man. Traditionally, the developed countries would meet before the start of an ITU conference to decide among them- selves who would chair the upcoming event. This practice had continued throughout dozens of ITU conferences over the last 75 years.1 The developing countries felt the agenda would be manipulated against their interests by the indus— trialized countries and offered their own nominee. The new candidate was adamantly opposed by the United States and the United Kingdom.2 After much debate a third person was chosen and the nine Conference committees could begin to process nearly 15,000 proposals. The press in America and Europe predicted turmoil for 3 The ongoing controversy within UNESCO the Conference. over the New World Information Order prompted many govern- ment officials to speak out. Despite official rhetoric, one Department of State worker iterated that political-economic issues would be taken up by the Conference.4 79 80 After the Conference, another U. S. advisor succinctly stated the difference between WARC79 and previous meetings: "The special significance of this con- ference was that it had considerably broader authority than most of the recent conferences, that many pressures for sub- stantial change were in evidence, and that the developing countries were particularly interested in exploring a variety of new alternatives."5 Steering Committee: Committee 1 During the first plenary session, the Conference established nine committees. The first to be designated was the Steering Committee. It coordinated the work of the other eight committees, controlled the timetable of meetings and conducted the plenary sessions. The chair- man also served as the Conference Chairman. Mr. Roberto Severini from Argentina was chosen after the initial dispute between the choice of the Western countries and the choice 6 Being bogged down during the of the Non-Aligned countries. first week with the polemics of choosing a leader probably accounts for the fact that WARC79 had to be extended four days to complete the Final Acts. The Conference Chairman serves in the Argentine government as Technical Under-Secretary of Communications. Mr. Severini also teaches a course on telecommunications at the University Of Buenos Aires. He has been a delegate to previous special WARCs and was President of the Plan Committee at Lima, Peru in 1979. The so-called Lima Plan 81 which favours the concept of a New World Information Order is one reason why Mr. Severini was acceptable to the devel- oping countries. The vice-chairmen of the Steering Committee came from Cameroon, China, Italy, Russia, Switzerland, and the United States. Senior officials of the ITU were available to this committee for technical and administrative assistance. Committee 1 held weekly meetings to review progress reports and schedule each week's activities. Credentials Committee: Committee 2 Committee 2 was responsible for verification of the credentials submitted by each delegation according to the 7 This Committee examined provisions of the ITU Convention. each set of credentials to determine which delegations actually were empowered to sign the Final Acts. The Chairman of Committee 2 was Mr. J. Martinez from Venezuela and the Vice-Chairman was Dr. Amer Jomard from Iraq. The final report of the Credentials Committee was accepted with no challenges. The committee report showed that of the 144 delega- tions at the WARC, 126 had the right to vote and sign the Final Acts. There were two delegations allowed to vote but not sign, and nine could sign, but not vote; seven dele- gations could do neither.8 The main reason a delegation would not be permitted to vote was that its administration had not ratified the ITU Convention. Another problem was 82 some countries failed to keep current on maintenance fees of the ITU. Budget Control Committee: Committee 3 The Budget Control Committee was the next committee created during the first plenary session. The function of Committee 3 was to manage the expenses of the Conference. It recorded and approved accounts incurred throughout the duration of WARC79. The extension of the Conference caused the budget to be exceeded by approximately 2.5 percent.9 The additional cost was absorbed by the ITU without being passed on to the member countries. Mr. 2. Kupczyk from Poland was the Chairman. Mr. K. P. R. Menon of Malaysia was the Vice-Chairman. Technical Regulations Committee: Committee 4 The Technical Regulations Committee (Committee 4) considered proposals concerning the following items from the Radio Regulations: Article N1, Terms and definitions; Sec- tion V, Space, orbits and type of objects in space; Section VI, Technical characteristics, Article N2, Nomenclature of the frequency and wavelength bands used in radiocommuni- cation; Article N3, Designation of emissions; Article N4, Technical characteristics; Article N16, Interference; Article N17, Tests and the related Appendices 3, 4, 5, and B. To consider proposals concerning the technical provisions included in the follow- ing Articles: Article N25, Terrestrial radiocommunication services sharing fre- quency bands with space radiocommunication services above 1 GHz; Article N26, Space radiocommunication services sharing fre- quency bands with terrestrial radiocommuni- cation services above 1 GHz; Article N27, 83 Special rules relating to space radio- communication services; Article N33, Radio- determination-satellite service, Section IVB, Radiobeacon stations and the related Appendices 28 and 29. To consider as appropriate to the work of the Technical Regulations Committee the resolutions and recommendations adopted by previous administrative radio conferences and to take such action as may be con- sidered necessry, including the adoption 10 of any new resolutions and recommendations. The Chairman of Committee 4 was Mr. N. Morishima from Japan and the Vice-Chairman was Mr. M. Cisse of Senegal. The Technical Regulations Committee maintained the upper limit of the Frequency Allocation Table proper at 275 632.11 But there was some identification of possible 12 uses of the spectrum up to 400 GHz. The total frequency range for the electromagnetic spectrum was set between 9 kHz and 3.000 GHz.13 The Special Preparatory Meeting (SPM) provided the foundation for the work of the Technical Regulations Com- mittee. The SPM report was disseminated as a Conference 14 When WARC79 convened there were still about document. 1,000 technically-oriented proposals to be examined and reported by the working groups of the Technical Regulations Committee. Committee 4 was involved with interactions between Committee 5 (Frequency Allocations), and Committee 6 (Regu- latory Procedures). The joint efforts with Committee 5 involved technical problems of sharing frequency bands between dissimilar radio services. The liaison between 84 Committee 4 and Committee 6 pertained to questions of terminology. Committee 4 worked out technical solutions to prob- lems raised by the Conference and also made changes to the Radio Regulations. It had to maintain a swift pace in order not to delay the work of other Conference Committees. The formulation of recommendations and resolutions directing the CCIR to undertake new studies also had to be coordinated by Committee 4. Allocations Committee: Committee 5 Committee 5 was responsible for Frequency Allocations. The specific terms of reference for the committee were to consider proposals concerning the following articles: Article N1, Terms and definitions (Sec- tions III-V); Section II, Radio systems, services and stations; Section III, Terres- trial radio systems, services and stations; Section IV, Space radio systems, services and stations and radio astronomy. Article N5, General rules for the assignment and use of frequencies; Article N6, Special agree- ments; Article N7, Frequency allocations; Article N8, Special rules for the assign- ment and use of frequencies; Article N28, Section I, Broadcasting service; Article N29, Fixed service; Article N47, Special rules relating to the use of frequencies in the aeronautical mobile service. To consider as appropriate to the work of the Frequency Allocations Committee the resolutions and recommendations adopted by previous administrative radio conferences and to take such action as may be considered necessary including the adoption of any new 0 0 15 resolutions and recommendations. 85 The selection of Mr. M. Harbi of Algeria and Mr. J. J. Hernandez of Mexico as Chairman and Vice-Chairman, respectively, caused some consternation among delegations of the industrialized nations. One reason was the Algerian Plan which called for a 70/30 split in favor of developing countries in allocations for fixed services. The Third World countries did not deliver the block support necessary for approving the proposal, although the problem was slated for future study during the final plenary session at WARC79.16 The Allocations Committee conducted its work by splitting the electromagnetic spectrum into five sections and assigning each section to a working group. The major working groups had the following range of frequencies to study and revise: Below 4 MHz, 4 to 27.5 MHz, Above 27.5 to 960 MHz, Above 960 MHz to 40 GHz, and Above 40 GHz. If a particular problem required closer study it was re- ferred to a sub-working group. Committee 5 also formed a special working group to prepare definitions of radio ser- vices and handle miscellaneous questions. A total of 66 working groups were used by Committee 5 to review the Table of Allocations and definitions of tele- 17 The USA had representatives on communication services. most of these groups. The total size and sophistication of the American delegation was in sharp contrast to many of the delegations from lesser developed countries. The U.S. could assign personnel to every activity that had some 86 bearing on its interests. Committee 5 expedited 12,832 proposals through 151 separate meetings and produced 146 documents to be acted upon by Plenary Sessions of the WARC.18 About 85 percent of all proposals to WARC79 were directed to Committee 5. The Table of Frequency Allocations contained 365 foot- notes before WARC79. Some countries felt there were too many footnotes. They wanted the Conference to eliminate as many footnotes as possible. Unfortunately, the Conference was unable to do this. The new Table now has 487 footnotes.19 The British, who seem to excel at the art of understate- ment, refer to the footnotes in the Home Office's Report on the World Administrative Radio Conference 1979, by saying: '...to some extent this was a retro- grade step."20 Although taking footnotes can be the right action for countries with frequency uses that differ from most other countries, the consensus is that many of the new footnotes 21 were overprotective of national interests. The Deputy Secretary-General of the ITU, Richard Butler, referred to 22 Footnotes the 1979 WARC as a conference of footnotes. can be used in different ways. In the Table of Frequency they can be used to explain administrative procedures. But as Mr. Butler remarked, “Countries can also use footnotes to make individual allocations for their internal needs."23 87 In effect, this by-passes the general principle of allocating frequencies on the basis of the type of service and allows a country to make allocations based on individual national needs. However, the country making the footnote is not supposed to cause interference to other countries. This procedure normally favors large, geographically isolated nations. Consequently, various national and sub-regional administrations, including the United States, took advantage of this new protocol. The three global regions used by the ITU are primarily for the purpose of administering the Table of Frequency Allocations. Committee 5 considered proposals that called for creating a new region for Africa. African nations main- tained that colonial history and not technical criteria accounts for the present situation.24 In 1947, the ITU trisected the world into the following regions: Region 1 covers Europe, Africa, Arabia, and Russia; Region 2 comprises the Western Hemisphere, including Green- land and Hawaii; and, Region 3 is made up of Australasia, Asia, and most of the Pacific Islands. The debate over a new region was split over recommendations to "review" or to 25 Revising would have meant an immediate “revise" the map. change, while reviewing would put the matter under study by the ITU. After much discussion, the complexity of the issue prompted the Conference to adopt a recommendation requesting the CCIR to study and report on the issue at a future Con- ference.26 88 Another research question for the CCIR came from countries wanting to completely revise and re-write the terminology used to explain radio services. Again, the Conference decided the issue needed further study before a decision could be made.27 The Table of Frequency Allocations was thoroughly scrutinized by Committee 5. The total number of bands allocated varies slightly from region to region: Region 1 394 Bands Region 2 409 bands Region 3 404 bands28 There are 59 worldwide radiocommunication services now recognized in the Table. There are 92 bands allocated exclusively on a global basis to 21 different services.29 The lower limit of the Table was moved from 10 kHz to 9 kHz to correspond with standard channel spacing procedures.30 The upper frequency limit also was extended from 275 GHz up to 400 GHz with some indications given as to the possi- 31 ble uses of this area. For the purposes of international research, the definition of radio waves was maintained 32 The at 3000 GHz by Committee 4 (Technical Regulations). use of bands above 275 GHz was seen by Committee 5 as being of special importance for passive services, 1. e. radio astronomy, earth exploration satellites and passive space research. A footnote in the new Table adds emphasis and support to the planned uses of the upper limits of the spectrum. 89 The following sections summarize the relevant actions of the working groups responsible for the Table of Fre- quency Allocations. 9 to 4,000 kHz: Working Group SBA Terms of reference: Review and if necessary revise the Table of Fre- quency Allocations in the bands below 4,000 kHz and consider any Resolutions and Recommendations 33 concerning the use of frequenCies in these bands. Chairman: Mr. Cook, Venezuela No major service changes were made between 9 and 4,000 kHz, but some efforts to share frequencies were successful, as in the case of radiolocation, aeronautical radionaviga- tion and maritime mobile services in Regions 1 and 2. There were limited extensions of the bands used by broad- casting and amateur services. The report of the chairman of Working Group SBA summarized allocations below 4MHz by stating: ”It may be noted that at this Conference the regional character of the use of bands below 4,000 kHz was confirmed."34 It should be further noted that there are some persist- ant problems associated with the existing tripartition. One example is Region 1. As already stated, there are many differences between countries in Europe and countries in Africa. The European nations are small by comparison to African nations. The land in Europe is densely populated and developed; whereas the land in Africa is sparsely 9O populated (except in a few large cities). The majority of developing economies in Africa still lack basic infrastruc- tures and rudimentary industrial facilities to support stable socio-economic systems. These aggravating factors become real stumbling blocks during multi-lateral negoti- ations, as in the conflict at WARC between long—wave broad- casting and aeronautical beacons. These services share bands below 150 kHz. Large countries and/or countries that use only one of the above services experience no significant interference problems in these bands. 0n the other hand, in small crowd- ed countries the problem is potentially dangerous. This is because pilots in congested air traffic over most European 35 These cities rely on aeronautical beacons to navigate. beacons can be obliterated by interference from high power broadcasting signals. The solution was to move aeronautical beacons out of the long-wave broadcasting band and into other bands that give the beacons a high priority status. In contrast to the comment of the Working Group's Chairman about the regional character of the ITU being up- held by the Conference, the Report of the British dele- gation described the final compromise as, '...a compli- cated solution involving regional differences, numerous footnotes, adjustments in the relative status of various radio services and additional provisions for aeronautical radionavigation."36 91 The United Kingdom and other European countries made proposals for new worldwide radiolocation bands to accom- modate position-fixing systems. But here again, they confronted significant regional differences.37 The problem was solved after joint interaction with Committee 6 (Regu— 1atory Procedures) to develop an elablorate series of foot- notes and procedures for regulating the band. The long-wave broadcasting band was changed slightly to accommodate the 9 kHz channel-spacing rule in the band. Each broadcasting frequency will eventually be reduced by 2 kHz. This will cause no appreciable change in the quality of reception. Moving the radionavigation frequencies out of the band will improve existing long-wave broadcasting services. The problem of protecting radionavigation ser- vices in Regions 2 and 3 was partially solved by reserving the band 190 to 200 kHz for exclusive use by this service. In addition, the Conference approved the band 90-110 kHz for the use of radionavigation services worldwide. This band is protected by a footnote from interference by emissions in adjacent bands. Another footnote was included to improve the use of the band through coordination of the technical features and operation of the systems using the band.38 In the band 525 to 535 kHz, the power has been in- creased for broadcasting stations in Region 2. The alloc- ation for broadcasting in Region 2 was extended to 1705 kHz. 92 The use of the new band 1605 to 1705 kHz will be regulated according to a plan to be developed by a Regional Admini- strative Conference. This conference must be held no later than 1985. A footnote was added to the Table for governments to use bands allocated to amateur services between 3.5 and 144 MHz in the event of a natural disaster. The amateur service also received an exclusive allocation between 3,500 and 3,750 kHz in Region 2. The long term benefits of enhanced global access to the spectrum by amateurs was seen by many delegations as a positive step.39 4 to 27.5 MHz: Working Group SBB Terms of reference: Review and if necessary revise the Table Frequency Allocations in the bands be- tween 4 and 27.5 MHz and consider any Resolutions and Recommendations concern- ing the use of frequencies in these bands. 40 Chairman: Mr. P.D. Barnes (Australia) The biggest issue that had to be resolved by this Working Group was the skirmish between fixed services and broadcasting services. Between 4 and 10 MHz, fixed services lost very few allocations. Between 10 and 27.5 MHz, signif- icant reallocations of spectrum were made from fixed bands to increased maritime mobile, broadcasting and amateur services. One exception to the latter example is the band 21.85 - 21.87 MHz which will be vacated by the radio astron- omy service. This band has been reallocated to fixed service. 93 The Conference established procedures and timetables for the transfer of fixed service and broadcasting assign- ments. The fixed service transfer period is five years, beginning on 1 July 1984, for changes made above 10 MHz. The time period for transfer of broadcasting services in the bands below 10 MHz spans 10 years from 1 July 1984. One exception is the reallocation of the band 9.775 to 9.900 MHz from fixed service to broadcasting. Footnote 3510A estab- lishes the conditions for transfer of existing fixed ser- vices. Therefore, the use of the new 125 kHz wide band for broadcasting is dependent upon the voluntary compliance by countries now using the band for fixed services. Many of the changes made in these frequency ranges will involve greater sharing between the fixed, maritime and land mobile services. Use of the spectrum between 4 and 10 MHz for fixed services was increased 125 kHz, the same in- crease as broadcasting services. Sharing in these bands now provides for more fixed services on a primary and secondary basis.41 The amateur service received additional allocations be- tween 10.1 and 10.15 MHz on a secondary basis, 18.068 to 18.163 MHz including amateur satellite on an exclusive basis and 24.890 to 24.990 MHz also including amateur satellite on an exclusive basis. The use of the latter two bands is contingent on how soon present users vacate the spectrum. Some of the displaced services, such as radio astronomy, received new allocations in the higher frequencies. 94 The 1979 WARC decided a specialized conference would be required to deal solely with short-wave (HF) broadcasting. frhe industrialized countries argued in favor of increased Rallocations to broadcasting while the developing countries Twanted the fixed service allocations to be retained. The issues came before the full plenary meeting of the WARC for a vote. The developing countries won by a small margin. Subsequently, a group of 16 developed countries, including the United Kingdom and the United States, entered reserva- tions aimed at protecting their existing HF broadcasting interests.42 This subject will be re-examined during the HF conference scheduled for 1983. The conflict between fixed and broadcasting services was generally a result of North/South differences. The "appropriate technology“ needs of developing countries call for maintaining fixed services in this shortwave band at the expense of developed countries' proposals for more broad— casting services.43 The proposed increase for broadcasting services also was seen by the developing countries as one more instance of ”unbalanced" flows of information.44 A unique feature of the HF portion of the Table is the use of footnotes allowing alternative or additional alloca- tions to individual countries or to sub-regional groups of countries. This means a country can, in effect, receive allocations based on internal needs as opposed to the allo- cation-by-service principle that has been the rule since 95 the Washington Conference of 1927.45 Use of these foot- notes is for services operating within the countries concerned. Industrial Scientific and Medical Applications (ISM) were expanded with a new band at 6.78 MHz. The existing ISM allocations at 13.56 and 27.12 MHz were left unchanged. 30 - 960 MHz: Working Group 5C Terms of Reference: Review and if necessary revise the Table of Frequency Allocations in the bands between 27.5 and 960 MHz and consider any Resolutions and Recommendations concerning the use of frequencies in these bands.46 Chairman: Mr. K. Olms The major issues treated by this Working Group were: shared frequencies for television broadcasting and land mobile allocations; allocations for maritime services; and, aeronautical services. The frequency range 100 to 108 MHz now has been allo- cated to broadcasting services worldwide. It will not be until 1995, however, before the allocations are exclusively awarded to broadcasting. Several footnotes with provisions for transfer of non-broadcast services in Region 1 were added to the Table. This part of the spectrum is already included in the FM broadcast band in the USA. A regional conference organized to plan FM broadcasting for Region 1 was recommended by the Conference. The ITU's Administra- tive Council will make the specific arrangements. 96 At the upper end of this frequency range, between 862 - 960 MHz, the broadcasting allocation was eliminated in Europe where it has not been used for some time. But in Africa the broadcasting allocation was maintained, thereby adding one more wedge to the North/South split in Region 1. The Europeans will create another mobile allocation in place of the old broadcasting allocation. It will share the band with an existing fixed service allocation. Above 960 MHz - 40 GHz: Working Group 5D Terms of Reference: Review and if necessary revise the Table of Frequency Allocations in the bands be tween 960 MHz and 40 GHz and consider any Resolutions and Recommendations concerning the use of frequencies in these bands.47 Chairman: Dr. B.S. Rao (India) The majority of services in this band are fixed-satel- lite, radar systems and radio telephone relays. Some minor allocations were given to broadcasting satellites, remote microwave sensing from space and space research. The amateur-satellite service received specific sub-bands for operation in the microwave amateur bands. This last item had strong support from the international radio amateur movement. Below 10 GHz, the matching uplink allocations have been made for broadcasting satellite services (888) by extending the existing uplink allocations by as much as 225 MHz. More spectrum was provided for the fixed satellite service (FSS) below 10 GHz. Agreements were reached to incorporate 97 interregional sharing criteria into the next Region 2 Plan- ning Conference to prevent interference with services in Regions 1 or 3.48 This Working Group made provisions for the growing importance of inter-satellite communications. Passive sensing in the Earth exploration satellite and space re- search services was identified as a priority area for future development. In light of this, the Conference made arrange- ments for the evolution of an exclusive band for passive services. In addition to spectrum allocations for passive services, related allocations were made for the use of radar systems on board spaceships and satellites. The quest for signs of extra-terrestrial intelligence was given greater international acceptance by identifying frequency bands where the research may best be conducted. There also were a number of resolutions and recommendations calling for further studies of the appropriate uses of sound broadcasting and solar power satellites. Since space services were first introduced in 1963, the sharing of frequency bands with terrestrial services has been the major regulatory problem.49 Satellite communi- cations in bands between 4 to 6 GHz have been constrained by various terrestrial services. These bands, which are used for FSS by INTELSAT and other satellite systems, must be shared with costly terrestrial services that have not yet been amortized. Compromises and extended timetables were necessary to balance the interests of many countries. 98 Proposals for additional frequencies in the mobile— satellite service were generally accepted by the Confer- ence. This service employs transportable earth stations linked to electronic news gathering (ENG) equipment. Live coverage of global events will ultimately change the present format and content of reporting international news. The advent of a 24 hour news service on some cable TV networks in the USA is only the beginning of this trend.50 Above 40 GHz: Working Group 5E Terms of Reference: Review and if necessary revise the Table of Frequency Allocations in the bands above 40 GHz and consider any Resolutions and Recommendations concern- 51 ing the use of frequenCies in these bands. Chairman: Dr. A.W. Adey (Canada) The only other time the ITU has considered allocations in the spectrum above 40 GHz was in 1971. This previous conference dealt solely with space telecommunications and radio astronomy.52 The continuing pressure for more alloca- tions coupled with innovations in technology for using these extremely high frequencies will undoubtedly lead to exploitation of this part of the spectrum. Again, the friction between terrestrial and space services will need reconciling. The burgeoning demand forecasted for F83 and fixed terrestrial services must be put in perspective with possible uses of these bands by other potential users. The need for more flexible regulations was directed to the CCIR for further review. 99 The upper limit of the Table of Frequency Allocations remains at 275 GHz where it was set by the WARC-ST of 1971.53 Additional reference to frequencies above 275 GHz was restricted to general comments within a footnote about the possible uses of bands in the 275 to 400 GHz range for passive services. The definition of radio waves, however, extends to 3000 GHz.54 The consensus among Conference participants was that, presently, few limitations should be placed on research in the bands above 275 GHz. Although Working Group 5E had 87 percent of the spec- trum space to be allocated, it also had the easiest task, which was to make large segments of spectrum available for 55 the first time. The working group finished its task before any of the other working groups in Committee 5. Regulatory Procedures Committee: Committee 6 The Chairman of Committee 6 was Mr. M. Joachim from Czechoslovakia and the Vice Chairman was Mr. E.J. Wilkinson from Australia. The U. S. representative was Francis Urbany of the National Telecommunication and Information Agency (NTIA). Terms of Reference: To consider proposals concerning the coordination, notification and regi- stration of frequency assignments, and the activities of the IFRB and, in particular, proposals concerning the following articles: Article N9, Co-ordination, notification and registration of frequencies--International 100 Frequency Registration Board, general provisions. Article N10, Internal Regulations of the Inter- national Frequency Registration Board Article Nll, Co-ordination of frequency assign- ments to stations in a space radio-communi- cation service except stations in the broad- casting-satellite service and to appropriate terrestrial stations. Article N12, Notification and recording in the Master International Frequency Register of frequency assignments to terrestrial radio- communication stations. Article N13, Notification and recording in the Master International Frequency Register of frequency assignments to radio astronomy and space radiocommunication stations except stations in the broadcasting-satellite service and the related Appendices 1, 1A and 13. To consider proposals concerning regulatory measures against harmful interference covered by the following articles: Article N18, International monitoring Article N19, Reports of infringements Article N20, Procedure in the case of harmful interference and the related Appendices 6, 7, 8, and 9. To consider as appropriate to the work of the Regulatory Procedures Committee the resolutions and recommendations adopted by previous administrative radio conferences and to take such action as may be considered necessary in- cluding the adoption of any new 0 0 5 resolutions and recommendations. 6 The Regulatory Procedures Committee had, inter alia, major responsibility for charting the principles and guiding the planning of fixed-satellite services. Committee 6 also 101 {promulgated new procedures and revised the regulations in (:onjunction with the work of Committee 5 (Allocations). €3hort1y after the first formal meeting, the Algerian dele- «gation presented a proposal to allocate HF fixed-service ‘bands on a 70-30 basis in favor of the developing coun- 57 tries. The United States delegation and other Western countries presented their own plan for improving access to the geostationary orbit.58 The intent of these proposals was partly to alleviate the unique problems of the devel- oping countries. The so—called Algerian Plan was discussed informally, but many technical problems associated with its operation necessitated a compromise.59 Committee 6 produced a package of new regulations involving changes in procedural matters and assistance by the IFRB to specific needs of the devel- oping countries. The North and South countries also differ- ed sharply over the scope and intent of the proposed HF planning conference. A broad mandate was finally agreed as the best course. The compromise between supporters and opponents of the Algerian Plan had many facets. The essential components ‘were: '(1) removal of outdated HF assignments in the Master Frequency Register; (2) reclassify remaining assignments according to needs and alternate means; (3) finding new frequencies for HF fixed assignments displaced by alloca- tion changes ('reaccommodation'); (4) increased assistance 102 ka'the IFRB to countries needing help in finding new fre- cauencies, and in identifying interference; (5) revision of IArticle N12, and related texts, to implement these proce- dures.‘60 The arrangement included a resolution to give :special recognition to administrations from developing 61