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International Telecommunication Union 2002 Plenipotentiary Conference Report

United States Delegation Report
International Telecommunication Union
2002 Plenipotentiary Conference

Marrakesh, Morocco

September 23 - October 18, 2002

Submitted to the Secretary of State
by Ambassador David A. Gross
Head of the United States Delegation

TABLE OF CONTENTS

I. Executive Summary
Overview
Major Conference Decisions

II. Conference Preparatory Efforts
Administrative Arrangements
Policy Preparations
Bilateral and Multilateral Activities

III. United States Objectives

IV. Structure of the Conference

V. Results of the Conference
A. Plenary
B. Elections
C. Committee 1 - Steering
D. Committee 2 - Credentials
E. Committee 3 - Budget Control
F. Committee 4 - Editorial
G. Committee 5 - Policy, Reform and Legal
H. Committee 6 - Administration and Management

VI. Conclusion

Appendix A. Speech by Ambassador Gross
Appendix B. United States Delegation
Appendix C. Working Groups Established by the Conference


EXECUTIVE SUMMARY

Overview

The 2002 International Telecommunication Union (ITU) Plenipotentiary Conference was held in Marrakesh, Morocco from September 23 to October 18, 2002. The Plenipotentiary Conference is the supreme organ of the ITU and is convened every four years. The agenda for this Conference included issues involving the strategic policy and planning of the Union, establishing a budgetary ceiling for expenditure until the next Plenipotentiary in 2006, considering proposals to amend the ITU Constitution and Convention, and the elections of the Secretary-General, the Deputy Secretary-General, the Directors of the three Bureaus, the members of the Radio Regulations Board and the member governments of the ITU Council.

The United States had several key objectives at this Conference: re-elect the United States to the ITU Council and re-elect James Carroll to the Radio Regulations Board; maintain a budget ceiling reflecting zero nominal growth and promote transparency in the ITU budget; maintain the current structure of the ITU; and ensure the stability and security of the Internet while promoting private sector leadership and addressing issues of national sovereignty. In addition to accomplishing these objectives, the U.S. addressed other issues consistent with U.S. policy as they emerged.

Major Conference Decisions

Elections - The U.S. was overwhelmingly re-elected to the 46-member ITU Council. In fact, despite a very difficult international environment, the U.S. received more votes than any other time in ITU history. Council elections produced one suprise - the United Kingdom was defeated in its bid for re-election, and for the first time, Turkey was elected to a Council seat. The U.S. candidate to the 12 member Radio Regulations Board, James Carroll, was re-elected. Incumbents were re-elected to the positions of Secretary-General, Deputy Secretary-General, Director of the Telecommunication Standardization Sector and Director of the Telecommunication Development Sector. Valery Timofeev of the Russian Federation was elected as head of the Radiocommunication Sector replacing Bob Jones of Canada, who had served the maximum two terms.

Finances - The key issue of the Conference was the financial state of the ITU, which has reached a crisis level. Members adopted an upper limit for the contributory unit of 330,000 Swiss francs (U.S. $219,000), an increase of 15,000 francs over the last budgetary period. As a result of this increase, several countries reduced their contributory units, with the most significant reductions coming from European countries. This created a budget deficit of approximately 21 million Swiss francs ($14 million) over the next four years that forced the Conference to make a further round of cuts in the ITU budget to bring it back into balance. The resulting four-year financial plan calls for across-the-board reductions in ITU costs, including reductions in staff.

ITU Structure - The U.S. succeeded in stemming efforts by some countries for immediate, significant restructuring of the ITU. While members agreed that the ITU must restructure to meet the requirements of a changing telecommunications environment, a compromise was reached to study to overall structure and functions of the organization over the next four years. The U.S. was particularly concerned about European efforts for immediate change to the standardization work of the ITU that could have diminished the intergovernmental nature of the Telecommunication Standardization sector and harmed U.S. industry interests.

Internet Issues - While member states have become significantly more interested in the issues related to Internet governance, the U.S. successfully worked to ensure that the three ITU resolutions concerning management of the Internet reaffirmed private sector leadership in this area and limited the ITU involvement to its core competencies.

Palestinian Authority Resolution - The Conference adopted a resolution containing compromise text acceptable to Israel, the Arab states and the U.S.

International Telecommunications Regulations - The U.S. achieved its goals with respect to proposals to review the International Telecommunications Regulations (ITRs). ITRs establish treaty regulations related to international telecommunication networks and services offered to the public. The Conference agreed to a review of the ITRs that could ultimately lead to a World Conference to revise these treaty instruments. However, the 2006 Plenipotentiary Conference will further assess the need for a World Conference, based on the results of the review.

Radiocommunication Issues - The Conference considered resolutions addressing procedures that govern satellite network filings and cost-recovery for such filings. Regarding the former, the U.S. successfully protected its position regarding equitable access to the orbital arc. The cost-recovery resolution brings into force penalties (i.e. loss of "place in line" in the ITU priorities queue) for non-payment of cost recovery fees. This resolution should help reduce the satellite network filings backlog by weeding out at least some "paper" satellites without unduly antagonizing U.S. regional partners in Latin America.

World Summit On The Information Society (WSIS) - The Conference approved three WSIS-related documents supported by the U.S. These documents ensure that the ITU will play a substantive role in the WSIS in addition to its lead managerial role in organizing the event.


CONFERENCE PREPARATORY EFFORTS

Administrative Arrangements

In November 2001, the Deputy Executive Director of the State Department's Bureau of Economic and Business Affairs made a trip to Marrakesh, Morocco to survey the site for the 2002 Plenipotentiary Conference regarding hotels for the delegation as well as delegation office space. It was decided to reserve a block of rooms for the delegation in the Mansour Eddahbi, which was an attractive and very convenient hotel adjacent to the Convention Center. In addition, the fourth floor of an office building behind the hotel was rented for delegation offices.

The U.S. Embassy in Rabat assisted with contracts for the office spaces, equipment, supplies, and personnel to staff it. The Embassy also assigned two regional security officers and two FSN security staff to provide coverage for the duration of the conference. In addition, a senior FSN from the U.S. Consulate General in Casablanca assisted the delegation for most of the conference.

The delegation offices were quite spacious with an office for the head of delegation, a large meeting room, a work room and a small lunch room equipped with a refrigerator.
The delegation work room was equipped with 14 computers, several printers, two faxes and several telephones; copiers were placed in the hall. All the computers had Internet access. The delegation had two Moroccan secretaries who worked shifts as well as personnel from the computer company and the copier company to ensure the smooth functioning of the equipment. The delegation office was managed by an officer from the Department of State's Office of International Conferences; the officer who arrived before the beginning of the conference to set up the delegation offices was replaced by a colleague in the middle of the second week. The Office of International Conferences also handled hotel reservations for the delegation.

Policy Preparations

Preparing the proposals and positions which the United States would advocate at the 2002 Plenipotentiary Conference began in the fall of 2001. The initial focus was to develop positions and written contributions to the ITU Strategic Plan Working Group, which had as its mandate the preparation of a draft strategic plan for the period 2003-2006. The United States submitted written comments on the early ITU draft, and helped to shape the plan into a document, which the United States could support. The State Department hosted a series of meetings concerning preparations for the Plenipotentiary Conference under the auspices of the International Telecommunication Advisory Committee (ITAC) from late October 2001 to the spring of 2002.

The United States submitted its proposals to modify the ITU Constitution and Convention by the January 23, 2002 deadline. The task was facilitated by the preparatory work done by the Group of Experts on Reform, an ITU body in which the U.S. participated. Representatives from government agencies and the private sector participated in ITAC meetings focused on preparing for the Plenipotentiary Conference.

The delegation was formed and held its first meeting in early July. Ambassador David A. Gross, U.S. Coordinator, International Communications and Information Policy, Department of State was named to head the U.S. delegation. He had previously served as Chairman of the U.S. delegation to the ITU World Telecommunication Development Conference in Istanbul in March 2002.


Bilateral and Multilateral Activities

In the months leading up to the Plenipotentiary Conference, U.S. officials took advantage of bilateral meetings to discuss issues relevant to the conference. Plenipotentiary topics were discussed with British officials during bilaterals in Washington in June. A Canadian delegation also traveled to Washington in late August for discussions that focused exclusively on the conference.

U.S. multilateral coordination included extensive consultations with Western Hemisphere nations in the Inter-American Telecommunications Commission (CITEL), a specialized body of the Organization of American States. A CITEL Plenipotentiary Preparatory meeting was held in Washington at OAS Headquarters in May 2002.

Ambassador Gross, joined by FCC Commissioner Kathleen Abernathy and Assistant Secretary of Commerce Nancy Victory, held numerous bilateral and informal discussions at the Plenipotentiary Conference itself. Ambassador Gross used these bilaterals to advance U.S. positions and gain support for U.S. re-election to the ITU Council and re-election of U.S. candidate, James Carroll, to the Radio Regulations Board. Assistant Secretary Victory held a number of bilaterals to discuss ICANN and other Internet-related issues. Formal bilaterals were held with South Africa, Mali, Cameroon, Israel, Egypt, China, Brazil, Morocco and Tunisia.

In contrast to past Plenipotentiary Conferences where the U.S. delegation hosted one big reception for all the delegates, this time the U.S. delegation hosted several smaller events - a dinner, a luncheon for CITEL countries and two receptions - spread over the first three weeks of the Conference.

III. UNITED STATES OBJECTIVES

1. Re-elect the United States to the ITU Council.

2. Maintain the current structure of the ITU.

3. Ensure that Member States continue to set policy and
priorities for the Union.

4. Enact the changes in the ITU Constitution and Convention described in the U.S. proposals.

5. Achieve greater efficiency and transparency of ITU processes through better use of existing authority (i.e. the ITU Council).

6. Re-elect James Carroll, a U.S. national, to the Radio Regulations Board.

7. Maintain a budget ceiling reflecting zero nominal growth, promote transparency in the budget, and advocate linkage between strategic, operational and financial planning.

8. Ensure the stability and security of the Internet, while promoting private sector leadership and limiting ITU involvement to its core competencies.

9. Manage political issues, so as to prevent them from unduly disrupting the work of the Conference.

10. Ensure that the ITU remains a treaty-based organization while enhancing the opportunity for
greater participation in the activities of the Union by Sector Members.

IV. STRUCTURE OF THE CONFERENCE

The Conference structure, committee chairpersons, and United States spokespersons were:

Chairman of the Conference: Mr. Nasr Hajji (Morocco)
Vice Chairmen: Mr. Samuel Chepkong'a (Kenya)
Mr. Michael Goddard (United Kingdom)
Ambassador David Gross (United States)
Mr. Kiyoshi Mori (Japan)
Mr. Mohamed Mulla (Saudi Arabia)
Minister Leonid Reiman (Russian Federation)

Committee 1 - Steering Committee

The Committee consisted of the Chairman and Vice Chairmen of the Conference and of the Chairmen and Vice Chairmen of the other Committees and Working Group of the Plenary.

Chairman: Mr. Nasr Hajji or Mr. Abderrazak Berrada
United States Spokesperson: Ambassador David Gross

Terms of Reference:
To coordinate all matters connected with the smooth execution of work and to plan the order and number of meetings, avoiding overlapping wherever possible in view of the limited number of members of some delegations.

Committee 2 - Credentials

Chairman: Mr. Victor Grigorascu (Romania)
Vice Chairmen: Mr. Jaime Herrera (Costa Rica)
Mr. Ashraf Moussa (Egypt)
United States Spokesperson: Ms. Anne Jillson (State Department)

Terms of Reference:
To verify the credentials of delegations and to report on its conclusions to the Plenary.

Committee 3 - Budget Control Committee

Chairman: Mr. Emmanuel Owusu-Adansi (Ghana)
Vice Chairmen: Ms. Kathleen Heceta (Philippines)
Mr. Grigory Saghyan (Armenia)
United States Spokesman: Mr. Thomas Brennan (State Department)

Terms of Reference:
To determine the organization and facilities available to the delegates, to examine and approve the accounts for expenditure incurred throughout the duration of the Conference and to report to the Plenary meeting on the estimated total expenditure of the Conference and on the estimated costs entailed by the execution of the decisions of the Conference.

Committee 4 - Editorial Committee

Chairman: Ms. Marie-Therese Alajouanine (France)
Vice Chairmen: Mr. Leslie Barclay (United Kingdom)
Mr. Luis Sanz Gadea (Spain)
Mr. Andrey Svechnikov (Russian Federation)
Mr. Wenjin Zheng (China)
Mr. Mustapha Bessi (Morocco)

United States Spokesperson: Ms. Mary Townswick (State Department)

Terms of Reference:
To perfect the form of the tests to be included in the Final Acts of the Conference, without altering the sense, for submission to the Plenary.

Committee 5 - Policy, Reform and Legal
Chairman: Mr. Anthony Wong (China)
Vice Chairmen: Mr. P.K. Garg (India)
Mr. Jose Vivanco Arias (Ecuador)

United States Spokespersons: Mr. Richard Beaird (State Department)

Terms of Reference:
To consider reports and proposals related to policy matters and reform of the Union, including the reports submitted by the Council on reform and on the activities of the Union, to recommend appropriate decisions with respect to the activities of the General Secretariat and the three Sectors and to examine proposals for amending the Constitution, Convention, Rules of Procedures and Optional Protocol and, taking into account relevant reports and recommendations from Committee 6, to recommend all appropriate actions to the Plenary. To consider any other questions of a legal nature raised during the Conference.

Committee 6 - Administration and Management

Chairman: Mr. Bruce Gracie (Canada)
Vice Chairmen: Mr. Frederic Riehl (Switzerland)
Mr. Mactar Seck (Senegal)

United States Spokesman: Mr. Thomas Cooney (State Department)
Alternate:

Terms of Reference:
To examine relevant reports and proposals on the general management of the Union, in particular those relating to financial and human resources and relevant parts of the reports submitted by the Council on reform; to prepare draft financial policies and a draft financial plan for 2004-2007 and to recommend to the Plenary all appropriate decisions related to the management of the Union's activities; and to transmit to Committee 5 matters requiring amendments to the Constitution and Convention.

Working Group of the Plenary (General Matters)

Chairman: Ms. Lyndall Shope Mafole (South Africa)

Terms of Reference:
To consider reports and proposals related to several general matters, including the Union's activities with respect to issues concerning the Digital Divide, the Internet and the Information Society, gender and relations with other international organizations.


V. RESULTS OF THE CONFERENCE

A. Plenary

Palestinian Authority Resolution

The Conference approved a resolution titled “Assistance and Support for the Palestinian Authority for Rebuilding its Telecommunications Networks.” Forty-five Member States (mostly from the Arab bloc and Africa) sponsored a proposed resolution that largely tracked the language used in a compromise resolution adopted at the ITU World Telecommunication Development Conference held in Istanbul in March 2002. It included language Israel found objectionable. Ambassador David Gross read a brief U.S. intervention stating that the proposal was unbalanced. No other Member State intervened. Following the U.S. statement, the Conference Chairman announced that he would form a small group of interested parties to discuss compromise language to be reported to a subsequent Plenary session as a Chairman’s document. The small group chaired by Morocco, which used its influence as host of the conference, met to work out a compromise. The informal discussions were successful and an acceptable compromise text was adopted in Plenary without discussion.

The World Summit on the Information Society (WSIS)

The Plenipotentiary Conference approved three WSIS-related documents: a resolution that will guide the work of the ITU with respect to WSIS through 2006: an information document on the activities of the ITU with respect to the information society; and, finally, guidelines for ITU input to the preparatory process of the WSIS. Russia, Switzerland, Canada, Tunisia, France, Mali and the United States led the efforts to produce these documents. Countries agreed early in the conference on the need for the ITU to be more fully involved in the substantive dimension of the WSIS, particularly because the WSIS preparatory process has thus far stalled on the development of themes for the Summit.

Of particular note, the guidelines for the ITU input to the Summit contain a lengthy section on ICT
network security that was spearheaded by Russia and China. The United States and other European countries expressed strong concern regarding the specifics of this section. The decision to maintain this section was overwhelmingly supported by a majority of delegations despite strong objections by the U.S. and supported by Canada and several European countries. It was clear from discussions during the Conference that China and Russia viewed the WSIS as an opportunity to make progress on issues related to content control as well as information and network security.

B. Elections

The highlight of the second week of the ITU Plenipotentiary Conference in Marrakesh was the elections of the organization's senior management officials as well as the election of countries to the 46-member ITU Council. The United States succeeded in getting re-elected to Council, with the largest number of votes it has ever received in ITU history. The U.S. candidate, James Carroll, also won re-election to the Radio Regulations Board.

Elections for ITU Officials, the ITU Council (consisting of representatives from twenty-five percent of ITU Member States) and the ITU Radio Regulations Board took up a significant portion of the second week of the Plenipotentiary Conference. Elections for the Secretary General and Deputy Secretary General were held on Tuesday, October 1. The Secretary General, Yoshio Utsumi of Japan, was re-elected to a second term in an unopposed race. He received 123 votes out of a total of 143 valid votes cast. Twenty Member States abstained. The incumbent Deputy
Secretary General, Roberto Blois of Brazil, received 93 votes, defeating Abdelkrim Boussaid of Algeria, who received 51 votes. Mr. Boussaid was a former ITU staff member, who was well known to many delegates.

The Plenipotentiary held elections for the Directors of the three ITU Sectors on Wednesday, October 2. Houlin Zhao of China, head of the Telecommunication Standardization Sector, and Hamadoun Toure from Mali, head of the Telecommunication Development Sector, both ran unopposed and both were re-elected for second terms.

The four-person race for the head of the Radiocommunication Sector, being vacated by the retiring Canadian Bob Jones, required two rounds of voting to elect Valery Timofeev of the Russian Federation. The candidates for the post were: Fabio Bigi, a former ITU staff member in the Telecommunication Standardization Sector from Italy; Kavous Arasteh, of Iran; Malcolm Johnson, a senior official from the United Kingdom's Radiocommunications Agency with a long experience in ITU affairs as head or deputy head of the U.K. delegation; and Valery Timofeev of the Russian Federation. Mr. Timofeev, Deputy Minister of Communications, served as a member of the ITU Radio Regulations Board and was an active participant in many ITU Radiocommunication and Plenipotentiary Conferences over more than two decades.

The first round of ballots did not result in a majority for any candidate. Mr. Bigi received 17 votes; Mr. Arasteh, 23 votes; Mr. Johnson, 50 votes; and Mr. Timofeev, 56 votes. Iran withdrew Mr. Arasteh's candidacy before the second round of voting. In the second round, Mr. Timofeev received more than the necessary majority of 74 votes to win. The results were: Bigi, 7; Johnson, 59; and Timofeev, 83.

Elections took place for the ITU Council and Radio Regulations Board on Thursday, October 3. The United States was successful in both races. Out of the 189 Member States, 46 Member States (representative of the five geographic regions of the ITU) are elected to Council to represent the total membership in the interval between Plenipotentiary Conferences. The following Member States were elected: Americas Region - the United States, Argentina, Brazil, Canada, Cuba, Mexico, Suriname, and Venezuela; Western European Region - France, Germany, Italy, Norway, Portugal, Spain, Switzerland, and Turkey; Eastern European Region - Bulgaria, the Czech Republic, Poland, Romania, and Russia; African Region - Algeria, Burkina Faso, Cameroon, Egypt, Ghana, Kenya, Mali, Morocco, Senegal, South Africa, Tunisia, and Uganda; Asian Region - Australia, China, India, Indonesia, the Islamic Republic of Iran, Japan, Korea, Malaysia, Pakistan, Saudi Arabia, Thailand, and Viet Nam.

First-time Council Members include: Ghana, Turkey, Norway and Suriname. Iran last served on Council in 1982 and Uganda in 1973. The number of votes that the United States received for Council (113) may have been the largest for the U.S. in ITU history. Notably, the United Kingdom did not get re-elected to Council. The main surprise in the election for Council was the United Kingdom's failure to retain its Council seat, in spite of active campaigning and such gestures as proposing to increase the number of its contributory units this year from 8 to 10.

Member States elected the following members of the Radio Regulations Board: Americas Region - James Carroll (United States) and Carlos Merchan Escalante (Mexico); Western European Region - Pierre Aboudarham (France) and Gabor Kovacs (Hungary); Eastern European Region - Wladyslaw Moron (Poland) and Momcilo Cimic (Yugoslavia); African Region - Hassan Lebbadi (Morocco), Shola Taylor (Nigeria), and Aboubakar Zourmba (Cameroon); Asia and Australasia Region - R.N. Agarwal (India), Akhtar Ahmad Bajwa (Pakistan), and Ki-Soo Lee (Republic of Korea).


C. Committee 1 - Steering Committee

The purpose of the Steering Committee is to facilitate the work of the Conference and to plan the order and number of meetings. The Committee was chaired by Mr. Nasr Hajji, Secretary of State in charge of Posts, Telecommunications and Information Technologies of Morocco, the host government. When Secretary Hajji was not available, Mr. Abderrazak Berrada substituted for him as Conference Chairman. The Steering Committee was composed of the Vice Chairmen of the Conference and the Chairmen and Vice Chairmen of the Conference Committees. Secretary-General Utsumi and other ITU officials participated as advisers. Ambassador Gross, head of the United States delegation, served as a Vice Chairman of the Conference and was, therefore, a member of the Steering Committee.

The afternoon before the opening of the Conference, Secretary-General Utsumi convened an informal meeting of the heads of delegation to the Conference. The purpose of the meeting was to identify any objections to his proposed committee structure and the proposed slate of Chairmen and Vice Chairmen for the Conference and the Committees. This proposed structure had been developed in consultation with a number of delegations.

The Steering Committee met several times during the Plenipotentiary Conference to establish schedules and the times for elections.

D. Committee 2 - Credentials

The terms of reference for Committee 2 were to verify the credentials of delegations attending the Marrakesh Plenipotentiary Conference, to approve transfers of power from one country to another, and to report its conclusions to the Plenary. There were a number of credentials which did not meet the requirements of the ITU Convention; however, most of these problems were resolved by an exchange of faxes with the governments involved.

The Credentials Committee was chaired by Victor Grigorascu of Romania. At its first meeting, it set up a Working Group to verify credentials and transfers of powers of delegations, in accordance with Article 31 of the International Telecommunication Union Convention. The United States and a number of other countries participated in the Working Group, which found 145 countries' credentials to be in order; those countries were eligible to vote and sign the Final Acts. Five other countries without the right to vote deposited credentials, which were found to be in order; they were eligible to sign the Final Acts of the conference. Delegations from another five countries either did not deposit credentials or their credentials were not in order.

Due to the high level of interest in the elections, a number of countries obtained transfers of power or proxies. In accordance with Article 31 of the ITU Convention, a member of the Union can give the delegation of another member the power to vote and sign the Final Acts on its behalf. Each member is limited to one proxy. Seven countries that were unable to attend the Plenipotentiary Conference offered proxies to other counties; the United States received a transfer of power from the Marshall Islands. In addition, three countries that were unable to stay for the duration of the one-month long conference transferred powers to three countries.

E. Committee 3 – Budget Control Committee

The Budget Control Committee’s terms of reference require it to determine resources available to delegates, approve expenditures to meet those requirements, and report to Plenary on both the costs of the conference and the costs of executing decisions taken by the conference. The overall conference budget was CHF 4.945 million. Final estimates of conference costs were CHF 4.355 million representing an estimated savings of CHF 590,000. Much of these savings were realized through tight control of document reproduction costs, and reduction in the number of Geneva staff on-site to support the conference. Overall estimates of resources needed to execute decisions taken by the conference were not determined, primarily because staff and delegates’ time was spent working on the draft financial plan and budget. These estimates will be developed by the ITU Budget Office following return to Geneva, and are to be reported to Council 2003.

F. Committee 4 - Editorial Committee

The mandate of the Editorial Committee is to perfect the form of the texts to be included in the Final Acts of the Conference, without altering the meaning. These texts are then submitted to the Plenary for final approval. The Plenary is charged with either approving the edited texts or referring them back to the appropriate committee for further examination.

The United States had two principal objectives in the Editorial Committee: (1) to ensure that the edited French and English texts had the same meaning (bearing in mind the provision in the Convention that states that "In case of a discrepancy or dispute, the French text shall prevail."), and (2) that the texts accurately reflected the negotiated agreements reached in the substantive committees.

G. Committee 5 - Policy, Reform and Legal

RADIOCOMMUNICATION ISSUES

Status of Observers at World Radiocommunication Conferences

The Plenipotentiary resolved the issue of the status of Observers at World Radiocommunication Conferences (WRCs) to the satisfaction of the U.S. Delegation. The Conference adopted a plenary statement for the record confirming the ITU practice prior to the World Radiocommunication Conference-2000. This statement makes clear that in the context of WRCs, observers from other U.N. agencies may submit information documents related to their mandates, which can be noted by Member States. Further, with the authorization of the Conference Chairman, such observers may provide advice on the floor on points relevant to their mandates so long as they do so in compliance with the applicable rules of procedure. Consistent with the U.S. position, these information documents and advice shall not include or be treated as proposals. Member States alone retain the right to make proposals, either written or oral.

In addition, the Conference adopted a resolution (Resolution 109) establishing a working group of Council, open to all Member States that will review and consolidate as appropriate all provisions in the Convention and the Rules of Procedure of Council etc. dealing with observers in order to arrive at a clear understanding of their respective rights and obligations. The group will prepare a report to Council 2004, which will include specific recommendations with respect to Member State and Sector Member observers participation in the ITU, including meetings of Council. The resolution instructs Council to allow, on a provisional basis, Member State observers to address the Council when invited to do so, and to implement provisionally the recommendations of the working group regarding the admission of Sector Members as observers at meetings of the Council in accordance with conditions established by Council.

Proposal Regarding Harmful Interference by Radio Stations

Among the proposals submitted to the Conference by Iran, the U.S. delegation had particular concern about a proposal related to harmful interference. Iran proposed an alternative procedure for solving cases of harmful interference (currently it is determined by the concerned Administrations) whereby the radio station causing interference shall "cease operation” until the matter is resolved. The U.S. had reason to believe that the motive behind the proposed change was not technical in nature but was an attempt to establish a basis for Iran to try to force the cessation of satellite broadcasts to Iraq. Mexico, France and others joined the U.S. in objecting to this proposal, which was then dropped by Iran.

Equitable Access to the Geostationary-Satellite Orbit

On the issue of equitable access to the geostationary-satellite orbit, the U.S. Delegation worked to protect U.S. equities. The U.S. reached agreement with its regional partners in CITEL and then in Plenary on updating a resolution (Resolution 86) on procedures for satellite network filings. Delegates agreed to remove the controversial language proposed by Colombia, and instead used language that directly quotes from Article 44 of the ITU Constitution.

Satellite Cost Recovery

The Conference handled the issue of cost recovery for satellite network filings largely outside of formal meetings. The U.S. Delegation reached agreement with key countries (e.g., Europeans, CITEL including Colombia) on text to revise an existing resolution (Resolution 88) to bring into force on August 1, 2003 the decision of WRC-2000 that calls for the cancellation of the publication of a satellite network filing for non-payment of cost recovery fees. This new policy should help reduce the satellite network filings backlog by weeding out at least some "paper satellites" without unduly antagonizing some U.S. regional partners in Latin America.

The revised resolution also instructed the Council to establish a working group, open to all Member States and Sector Members, to make recommendations to Council to, inter alia, extend the implementation of processing charges for satellite filings to include identifiable and auditable costs directly incurred in the processing of satellite notifications; and to clarify the meaning of the term “actual costs”.

Radio Regulations Board

The United States succeeded in its efforts to maintain the Radio Regulations Board (RRB) as a part-time board of 12 elected members (including James Carroll of the United States). The Conference agreed to give RRB Members "functional privileges and immunities" equivalent to those of ITU elected officials to protect them from lawsuits over decisions made in their official capacities. Consistent with the U.S. position, the Conference also adopted a new resolution that calls on the RRB to look at methods to improve its efficiency and effectiveness. The resolution calls for an increase in transparency in decision-making (e.g., including reasons with its decisions) and for the provision of logistical support to RRB members from developing countries. The resolution also calls upon the Secretary General to give the RRB the support and resources necessary to perform its functions appropriately.

Above 3000 GHz

The U.S. Delegation was successful in its efforts to remove the 3000 GHz limitation in applicability of the definition of "Radiocommunication" (No. 1005) contained in the Annex of ITU Convention. In addition to the U.S., 13 other CITEL administrations, 31 African nations and China put forward identical proposals. These administrations believe the arbitrary frequency limit constrains ITU World Radiocommunication Conferences (WRCs) from addressing spectrum-related issues above 3000 GHz. This restriction was inconsistent with the fact that ITU-R Study Groups have already adopted Recommendations addressing this spectrum range and technology has already been deployed by the United States and many other countries for both terrestrial and space applications.

Twenty-nine administrations, led by France, put forward a European Common Proposal for no change to this definition. The European proposal cited the possibility of repercussions in the domestic legislation of certain administrations. A drafting group, coordinated by the United States, met several times to work out a compromise. The resulting document was a draft resolution (Resolution 118) that, while leaving the definition unchanged, would allow the Radiocommunication Sector to have the flexibility to address issues above 3000 GHz and to consider regulatory proposals at future WRCs.

ITU Structure

The United States succeeded in stemming efforts by some countries for immediate and significant restructuring of the ITU. Believing that proponents for drastic change had not demonstrated a compelling need, the United States and other Member States moved the Conference toward a compromise solution of creating a Council Working Group to "review the functions of the three ITU Sectors in the light of the changes that have occurred in the operation
and regulation of the telecommunication sector at the national level." The U.S. was particularly concerned about European efforts for immediate changes to the standardization work of the ITU that could have diminished the intergovernmental nature of the Telecommunication Standardization Sector.

The Council Working Group will operate consistent with the terms set forth in annex to the resolution that notes the importance of Sector Members, flexibility of the Sectors, and recognizes that both treaty and non-treaty work occur in the Union. Efforts by the Arab Group, Europe, Australia and others to break off non-treaty work for Sector Members only - and other major changes to the structure of the ITU - were referred to this group for further study. The Conference debated extensively who would be allowed to participate in the Group. Some delegations sought only Member State involvement and others wanted equal Member State and Sector Member participation. The final compromise language includes both Member States and Sector Members in discussions, but leaves it to Member States to make "conclusions and recommendations." The United States clarified on the floor that Member States may include Sector Members in their delegations to the Council Working Group. Following the action of the Plenipotentiary Conference, the U.S. has urged its private sector to consider carefully how to address European concerns regarding the ITU's structure. Should European participation and financial support diminish over the next four years, the ITU will face increasing challenges to its mission and operational base.

Internet Stability and Security

Over the course of the four weeks, the Conference considered a series of Internet-related proposals that focused on the management of Internet domain names and addresses, Internet security and multilingual domain names. After lengthy negotiations, delegates adopted three resolutions that highlight the increased interest on the part of governments with regard to the Internet. The U.S. delegation successfully advocated for the continued importance of private sector leadership in the Internet space and worked to ensure that ITU involvement remained limited to its core competencies. 

The resolution on the management of Internet domain names and addresses stresses that, while the private sector is key to development and the core technical functioning of the Internet, governments are interested in the topic due to the critical importance that the Internet plays or is expected to play in their economic development and broader public policy. The major difference between the resolution adopted at this Conference and the previous version adopted in 1998 is that the revised resolution identifies specific limited activities in which the various ITU Sectors can engage to help contribute in a positive way to the relevant international discussions.

The network security resolution originally focused only on Internet security. It called for the creation of a new group within the ITU. The U.S. delegation successfully redrafted this resolution to focus on the security of information and communications networks and to confine the work to existing ITU Study Groups.

The resolution on multilingual domain names acknowledges the importance of this technological development to a majority of Member States. It goes on to recognize the role of the World Intellectual Property Organization on this topic and encourages cooperation between the ITU and
WIPO.

In the case of all three resolutions, the U.S. delegation achieved results that will continue to ensure the stability and security of the Internet, reaffirm the importance of private sector leadership in the Internet and limit ITU involvement to its core competencies. Direct attempts to impose international charging arrangements on Internet services (ICAIS) or to expand the definition of basic telecommunications to include Internet services did not materialize.

International Telecommunication Regulations

The U.S. Delegation fully achieved its goals related to the review of the ITU's International Telecommunication Regulations (ITRs). The ITRs are encompassed in a treaty-level instrument, adopted in 1988, that establishes guidelines related to international telecommunication
networks and services offered to the public. At the start of this Conference, many developing country representatives advocated that the ITRs needed to be revised, without regard to the results of any ITR review. The U.S. believes that many countries including China
would like to expand the ITRs to cover Internet and nascent technologies. European Member states took a different position, asserting that the ITRs needed to be abrogated with the possibility that certain provisions could be placed in other instruments of the ITU.

The U.S. agreed to a review of the ITRs that could culminate in a World Conference on International Telecommunication to revise them. The U.S., however, insisted on two things: (1) that an open review process precede any Conference called to revise the ITRs; and (2)
that the resolution adopted at this Conference note that the 2006 Plenipotentiary can assess the need for a World Conference based on the open review of the ITRs. The language adopted in the Marrakesh Resolution on ITRs reflects the U.S. position.

Observers

The subject of observers was seen as too complex to be quickly resolved during Plenipotentiary Conference due to differences in wording in the ITU Constitution and Convention as the provisions relate to the type of meeting and type of entity being granted observer status.
Consequently, the Conference created a working group under Resolution 109, open to all Member States, to review provisions concerning observers and make recommendations to
Council 2004,including recommendations regarding the status of Sector Member observers at Council that Council could apply provisionally. Council will prepare a report to the next Plenipotentiary Conference with recommendations and draft amended Constitution and Convention text regarding Member State observers and report on the implementation of
the provisional measures on Sector Member observers at Council.

Amendments to the Constitution and Convention

The Conference considered a number of proposals from Member States to amend the Constitution and Convention. Most of the proposals were driven by a perceived need for reform of the structure, institutions and working methods of the organization. Some of the proposals for amendment to the Constitution and Convention that were considered by the Conference are summarized below.

Transfer of General Provisions Regarding Conferences and Assemblies to a Separate Instrument

Several European states reiterated their proposal to the 1998 Plenipotentiary Conference to transfer most of the provisions regarding conferences and assemblies, Chapter II of the Convention, to a separate instrument (specifically to the Rules of Procedure of Conferences and Other Meetings of the International Telecommunication Union). Member State proponents of this proposal argued that provisions of a procedural nature should be legally binding while at the same time flexible and upon amendment “capable of being rapidly implemented” and that the amendment and entry into force requirements of the Convention limited such flexibility. The Conference adopted amendments that upon entry into force will effect the transfer of these procedural provisions. Any subsequent amendments to instrument containing the transferred provisions will enter into force on the date of signature of the Final Acts of the Plenipotentiary Conference that adopts them without the need for ratification, accession or approval. Politically sensitive provisions in Chapter II of the Convention, including those relating to admission to conferences and assemblies and credentials, remain in the Convention. The United States supported the adoption of these amendments.

Radio Regulations Board

The Conference adopted several amendments relating to the Radio Regulations Board (RRB). The most significant of those amendments concerned lifting certain constraints on the “nationality” of candidates proposed by Member States for membership on the RRB and according functional privileges and immunities to members of the RRB. With respect to the nationality issue, the Conference adopted amendments to the Convention that removed the restriction on candidates for membership on the RRB sharing the same nationality as the Secretary-General, Deputy Secretary-General, Director of the Telecommunication Standardization Sector and the Director of the Telecommunication Development Sector. The restriction on sharing the same nationality as the Director of the Radiocommunication Bureau remains. Member States that proposed these amendments, including the United States, believed that the current nationality restrictions were too restrictive and that no harm to the Union would result from members of the RRB sharing the same nationality as those elected officials who are not directly responsible for radio regulation matters.

The other significant amendment concerning the RRB relates to privileges and immunities enjoyed by members of the RRB. Members of the RRB had on several occasions expressed concern that they might be subject to lawsuits for actions taken by them in the normal course of their duties. Member States agreed to accord members of the RRB functional privileges and immunities, which are equivalent to those that they would accord elected officials of the Union (e.g., immunity from suit and legal process relating to official acts). The requirement to accord functional privileges and immunities is subject to relevant domestic laws and regulations of each Member State. In accordance with this provision, and subject to ratification, the United States would accord members of the RRB functional privileges and immunities that are equivalent to those provided for under the International Organization Immunities Act, 22 U.S.C. § 288 et seq. Adoption of these amendments should ensure that RRB members are able to perform their duties without fear of undue interference from one or more Member States.

Council

The Conference adopted several amendments concerning the meetings and duties of the Council. In regard to meetings of the Council, the Conference adopted amendments that grant Sector Members the right to be represented as observers at meetings of the Council subject to rules and conditions to be established by Council. The United States while supportive of this proposal in principle emphasized the need for Council to develop rules governing such observer participation in a manner that ensures that the Council continues to function effectively and efficiently.

The Conference also adopted amendments that in part clarify and in others enhance the Council’s duties with respect to the development, review and revision of the strategic plan. Included in such amendments are provisions that authorize Council, inter alia, to initiate the preparation of a new draft strategic plan; establish a schedule for the development of strategic and financial plans for the Union; review and approve annually the rolling four-year operational plans of each of the three sectors, and, taking into account the financial limits established by the Plenipotentiary Conference, review and, if necessary, update the strategic plan. The United States as a staunch proponent of strengthening the role of Council was generally supportive of these amendments.

Working Methods of the Sectors

Several Member States, primarily European countries, proposed amendments to the Convention that would have authorize the World Telecommunication Standardization Assembly (WTSA) the power to redefine the organization and management of the Telecommunication Standardization Sector (T-Sector). Such Member States argued that such changes were necessary if the T-Sector was to “meet the requirements of those participating in the work of the [T-Sector].” Included in specific proposals for amendment, were provisions that would have given the WTSA authority to empower undefined “other groups” to operate, in certain instances, in a manner not currently provided for under the Constitution and Convention. For example, one of the proposals for amendment would have made it possible for the WTSA to give Sector Members operating in such groups voting rights on par with Member States. The United States and several other Member States opposed dramatic changes to the working methods of the T-Sector. However, in the spirit of compromise agreed to amendments that authorize the WTSA to establish “other groups”, appoint their chairmen and vice-chairmen and define their terms of reference. Moreover, the WTSA is not authorized to empower such groups to adopt questions or recommendations. In agreeing to this compromise, the Conference was able to avoid the adoption of more radical changes that the United States and others vigorously opposed. Similar amendments were adopted with respect to the Telecommunication Development Sector (D-Sector) and the Radiocommunication Sector (R-Sector).

Finances

The Conference adopted technical amendments to the Convention, which establish that Sector Members that are authorized to participate in regional conferences of the Union must share in defraying the expenses of such conferences. Such Sector Member contributions are to be made in accordance with relevant provisions of the Convention. Under the current Convention, only Member States of the region concerned and other Member States participating in such conferences are responsible for defraying the conference expenses.

Success at the Conference also may be measured by proposals for amendments that were not adopted. A substantial number of proposals for amendments that the United States opposed were rejected. The most significant of these include: proposals for amendments that would have authorized the RRB to issue decisions rather than recommendations in connection with its review of harmful interference cases; proposals for amendments to provide for a full-time RRB; proposals for amendments to transfer certain provisions from the International Telecommunication Regulations (ITRs) to the Constitution and Convention, which would have made such provisions subject to review at each plenipotentiary conference; and proposals for amendments to change the manner in which reservations that are formulated at the time of signature of the Final Acts are handled at the time of deposit of instruments of ratification, acceptance, approval or accession to the Constitution and Convention. These proposals, with the exception of the proposal concerning the ITRs raised significant legal and policy concerns for the United States. In all, the United States was pleased with the Conference action on proposals for amendments to the Constitution and Convention.

H. Committee 6 – Administration and Management

Committee 6, Administration and Management, was chaired by Bruce Gracie of Canada. Financial matters and related issues including the Strategic Plan as well as human resource issues (staff matters) came under the purview of this committee. The financial issues associated with the serious budget shortfall, along with the related management problems confronting the ITU, were the dominant issues facing the Conference.

Establishment of the Upper Limit of the Amount of the Contributory Unit

Provision No. 161D of the ITU Constitution requires that the provisional upper limit of the amount of the contributory unit be established during the first week of a Plenipotentiary Conference. The U.S. Delegation took a strong stand in the opening days of the Conference to maintain the upper limit of the contributory unit at the 2002 level of CHF (Swiss Francs) 315,000 for the next quadrennium (2004-2007). Other administrations pushed for an increase to CHF 330,000. France introduced into the discussion a compromise proposal, which would set the upper limit of the contributory unit at CHF 330,000 with an agreement that the actual charge for the first biennial budget (2004-05) would remain at CHF 315,000. Under the French proposal, Council would have the option to increase the charge per contributory unit to CHF 330,000 for the second biennial budget (2006-07). The United States and several other delegations intervened to state that the French proposal was in fact an increase in the contributory unit that would make it difficult for countries to decide on their level of contribution and could put pressure on some countries to lower their number of contributory units. A secret vote was called to decide among the three options – CHF 315,000, CHF 330,000 and the French proposal. Because the French proposal was the first to be considered and it garnered enough support (71 to 51 with 8 abstentions), the definitive upper limit of the contributory unit was set at CHF 330,000.

Establishment of the Level of Contribution

The Secretary General set Tuesday, October 15, as the deadline for Member States to announce the voluntary level of contribution that they would make to the Union. In the wake of the increase in the upper limit of the value of the contributory unit and the financial challenges facing a number of Member States, the announcements on contributory units generated significant concerns about the financial situation of the Union for the next four years. Based on the past levels of contribution, this Conference worked from the basis of 358 contributory units when developing the Financial Plan for the four-year period. Announcements made by administrations on October 15, however, resulted in a figure of approximately 336 contributory units – a difference of 22 contributory units. The most significant reductions in contributory units came from European countries.

Draft Financial Plan

The establishment of the Draft Financial Plan, the ITU Budget for the next four years, was a highly contested process. The spring meeting of Council and the Ad Hoc Group of Council that met in August were to work on a Draft Financial Plan for presentation to the Conference for its consideration. When the Council met in May, it set a provisional amount of the contributory unit at the current 315,000 CH. The lack of clarity in the proposed budget for 2002-2003 presented by the Secretary General along with the shortfall in projected revenue based on both zero nominal growth as well as zero real growth, resulted in the Council being unable to present a Draft Financial Plan to the Conference. The efforts to balance the income and expenditures were further complicated by the fact that the ITU was committed to move from three to six working languages during the upcoming quadrennium period.

When the Conference opened, a draft Report by the Council on the Draft Financial Plan was introduced which contained a range of options for balancing income and expenditures. The document set forth a list of efficiency and economy measures already instituted by the ITU, a list of still unfunded mandated activities, two tiers of options for reducing expenditures and options for increasing income. This information was incorporated in a DL document for review and consideration by Committee 6 in developing a draft Plan. The Draft Financial Plan submitted by the ITU General Secretariat was out of balance by over CHF 100,000.

It seems like the General Secretariat did not believe that the Member States would make the necessary hard decisions to cut programs to balance the income and expenditures and in the end would vote a substantial increase in the contributory unit. The U.S. Delegation exerted its leadership by submitting a proposal to make drastic cuts in the budget under consideration. The paper included a set of principles for placing the ITU on a solid financial basis along with proposed reductions in the budget of close to 65 million CHF. Because of the serious structural problems with the budget presented by the ITU, it was hard to tell if all of the proposed cuts by the United States were possible but they were moderate, realistic and helped to convince delegations that the Conference could make the cuts necessary to balance the Financial Plan. Among the cuts that the U.S. proposed that were adopted by the Conference were a reduction in consultants and a targeted 5% reduction in staff.

As indicated above, the U.S. proposal set a tone for the development of a Draft Financial Plan. The U.S. Delegation introduced the proposal by stating that the ITU is facing a serious shortfall in income and in order to balance the budget, there needed to be reductions of over 10% in program expenditures. The U.S. emphasized the need to return the ITU to sound financial footing and for the ITU to discontinue discretionary activities in order to allow the Union to preserve its core competencies. The U.S. proposal served as a basis for discussion with the UK, New Zealand and many other countries proposing additional across the board budget cuts. The serious downturn in the world economy that affected the economies of many developing countries resulted in broad support to hold line on the ITU budget and to cut funding across the board.

Because the ITU budget that contains the details behind the financial plan was so complex, lacked transparency and appeared to contain many errors, it became clear that resorting only to specific targeted cuts in the budget would not be feasible. The general unhappiness with the fact that the General Secretariat could not produce a understandable budget along with the sense that the Secretary-General was trying to protect initiatives that were not core competencies of the ITU, lead to a decision to develop a Financial Plan that balanced income and expenditures by making across the board percentage cuts in the budgets of the General Secretariat and the three Sectors. The General Secretariat was singled out for a higher percentage cut than each of the sectors. This approach was consistent with the U.S. proposal to increase the ability of the Sector Directors to manage their reduced funds effectively and to reduce the funding for the General Secretariat for discretionary activities. Secretary General Utsumi made a strong plea to the Conference not to approve the proposed Financial Plan on the basis that he could not run the ITU with the level of cuts targeted at the General Secretariat. The Financial Plan was overwhelmingly adopted over the Secretary General’s objections.

A few days later, when Administrations announced their voluntary levels of contributions, the total number of contributory units decreased by 22. With the upper limit of the assessment per contributory unit already established, the Financial Plan for the quadrennium was then out of balance by over 21 million CHF. The Conference in a plenary session decided to reconvene Committee 6 to revise the Financial Plan. Secretary General Utsumi, who had already argued that the draft Financial Plan proposed by the Member States could not be implemented, implored the Plenary to instruct the committee to target the cuts in the Sectors rather than the General Secretariat and to allow him the flexibility to back-load the cuts. In the end, the additional cuts were proportioned so as to spread the total cuts across the General Secretariat and the three sectors a bit more evenly in bringing the budget back into balance. In the end, after the increased cost recovery income is added in, the Financial Plan for the quadrennium was 20 million CHF less than for the period 2000-2003. In addition to this reduction in spending, the ITU has to absorb all of the UN mandated increases in overhead costs as well increases in operating costs.

A final variable in the Financial Plan – the level of contributions of private Sector Members – will remain unknown until any changes are announced in January 2003 and until the actual payments are received. While the Financial Plan adopted at the Conference relies on the assumption (as stipulated in the Union’s Convention) that Sector Member contributions will be at the same level as in the previous quadrennium, many delegates voiced the concern that the number of units pledged by Sector Members is very likely to decline given the state of the world economy and conditions in the telecommunications sector in particular and that a number of companies will have gone out of business.

No ITU Budget for 2004-2005

Normally, a financial plan for the quadrennium is adopted by a Plenipotentiary Conference along with the first biannual budget. It was with some considerable effort that the Conference adopted a balanced Financial Plan that established funding levels for the General Secretariat and the three Sectors. It was not possible to address the budget for 2004-2005 because of the drastic reductions in funding levels that became necessary as a result of reductions in income. It was left for the ITU staff to assess how the reductions in funding levels will be absorbed and present a draft budget for 2004-2005 for consideration at the Council meeting in May 2003.

No Funding Available for New Initiatives

It is normal for Plenipotentiary Conferences to approve a number of new initiatives that require funding and to adopt resolutions regarding existing activities that have budgetary implications. This conference was no exception. However, given the budgetary crisis that the ITU is facing in which there is not enough funding for existing programs, it will be difficult to fund many of the new activities.

Languages

This Conference concluded several years of gradual implementation of resolutions and decisions to expand use of all of the official UN languages. This effort began with the adoption of Resolution 62 at the 1994 ITU Kyoto Plenipotentiary and ended at this conference with the approval of Resolution 115 which establishes January 1, 2005 as the date by which all ITU work will be carried out in the six official and working languages of the Union on an equal footing.

The cost of interpretation in all six languages was already in the ITU budget. Recognizing budget constraints and the rigorous ITU meeting schedule in the next several years, Member States placed a cap of CHF 85 million on expenditures for translation over the 2004-2007 budget period. This represents an increase of CHF 6 million over existing budget of CHF 79 million for translation services. It was also agreed to explore all means for reducing language costs including remote translation and voice recognition.

The U.S. resisted this resolution, having built support in recent ITU meetings for alternative language services such as the Universal Postal Union (UPU) model where each “language group” pays the actual costs of using its language. However, prior to the Plenipotentiary, allies that previously supported U.S. attempts to block language cost increases reported that their instructions had changed and they would not block any resolution to expand language services. This came about following demarches by a Spanish-speaking country strongly objecting to the UPU model, based on the mistaken belief that the UPU model provided free French and English service, while charging for Spanish, and threatening to marshal all the Spanish-speaking countries to vote against Council membership for any country supporting the UPU model. The U.S., in the absence of previous support, and aware that this resolution would overwhelmingly pass in a vote, obtained from ITU an estimate of language services costs based on ITU’s meeting schedule over the coming quadrennium in order to present the real cost increases to membership. Following this move, supporters of increasing language services agreed by consensus to the CHF 85 million cap on translation costs.

Improving the Management of the ITU

One of the primary objectives of the United States going into the Conference was to improve the management of the ITU by creating a greater role for Council in overseeing the finances and activities of the ITU. The U.S. proposals struck a response chord with many other delegations and became one of the primary accomplishments of the Conference. The Conference ended up creating seven new working groups of Council and strengthening the mandates of two existing working groups. Among the new working groups that were created were ones looking at the ITU structure, improvements to the management and functioning of the ITU, and improvement to the functioning of the Coordination Committee and the roles of the ITU elected officials. Table A provides a listing of the working groups along with their terms of reference. The poor performance of the Secretary-General and senior staff in responding to questions concerning the finances of the ITU and management of its activities led to the adoption of these initiatives by the Member States to take a more active role in overseeing the finances and management of the Union.

Of all the initiatives adopted by the Conference to increase the oversight of the ITU by Member States, the most significant was the creation of a Group of Specialists (GoS) to Review the Management of the Union. At a special session of Council convened on the last day of the Conference, a GoS comprised of five individuals, one from each administrative region was created. Richard Beaird of the United States (State/EB/CIP) was elected Chairman of the Group. The task of the GoS to review the management of the ITU is extremely complex and is to be completed as a matter of urgency so that its results can be implemented in the drafting of the 2004-2005 Budget to be submitted to the Council in May 2003. Among its far ranging tasks is to review the Union’s financial management including its budgetary system and processes with a view to improving the ITU’s effectiveness, efficiency, economy and budgetary transparency.

Strategic Plan and Linkage to Financial and Operational Planning

The 1992 Additional Plenipotentiary Conference approved a number of structural changes in the ITU to allow it to respond more effectively to the fast changing telecommunication environment. Evolutionary changes are still being introduced in the ITU to enable it to continue to be responsive to Member States and private sector members. One of the changes identified at the 1992 Conference was the need to establish a forum to discuss ITU strategies and policies. As a result, the Kyoto Plenipotentiary Conference in 1994 adopted the first Strategic Plan for the Union for the period 1995-1999. The Minneapolis Conference adopted a Strategic Plan for the period 2000-2003 and this Conference adopted a Strategic Plan for the Union for the Period 2004-20007.

At the Plenipotentiary Conference in 1998 in Minneapolis, it was agreed that the process by which progress in achieving the objectives of the ITU is measured could be considerably enhanced by linking the strategic, financial and operational plans which set out the activities planned to be undertaken during any given year, and by instructing the Secretary-General and the Directors of the three Sectors to each prepare their consolidated plans reflecting the linkages between strategic, financial and operational planning for annual review by the Council. Unfortunately, the resolution that was approved requiring greater linkage was not implemented in a meaningful way.

At Marrakesh measures were adopted to ensure closer linkage and better planning. Three significant changes were made to the operational planning process.

  • A shift was made towards a system of four-year rolling operating plans with a high level of detail for the first year, with outline planning for subsequent years.

  • The ITU Convention was modified to require Council to establish a calendar for the development of strategic and financial plans for the Union, and of operational plans for each Sector and for the General Secretariat, so as to allow for the development of appropriate linkages among them.

  • The Sector Advisory Groups were requested to review the implementation of the previous year’s operational plans.
In addition, Resolution 107 was adopted that instructs Council with due regard to the limited resources of the Union to consider establishing a working group of Council open to all Member States (such a working group was established) to examine mechanisms for enhancing the process by which priorities in ITU activities are established.
Staff Matters
Significant decisions were reached by the 2002 Council toward improving the Union's contract employment policy and toward performing a comprehensive review of the existing staff regulations. During the discussions on staff matters at the 2002 Council, complaints were raised by the representative of the ITU Staff Council that certain forms of discrimination currently practiced in the Union were having a detrimental impact on the effective and efficient functioning of the staff. In responding to these complaints from the staff, the United States indicated that it takes complaints of discrimination seriously and that the United States expected the ITU management to take immediate action to investigate these complaints and take appropriate action.
In light of the above, the conclusion was reached during the U.S. preparations for the 2002 Plenipotentiary Conference that a revision was needed in Resolution 48 on Human Resources Management and Development adopted in Minneapolis. The U.S. objectives in achieving revisions to this resolution were to i) acknowledge the improvement in employment contract policy already accomplished by the 2002 Council; ii) encourage broad participation by the Union's members in the task of reviewing the staff regulations that had been initiated by the 2002 Council; and iii) instruct the Secretary-General to develop a code of conduct applicable to both the Union's management and staff.
In the opening days of the conference in Marrakesh, the U.S. delegation was informed by the ITU Secretariat that a code of conduct, in the form of a service order, had in recent weeks been issued by the Secretary-General. The U.S. delegation considered this action by the Secretary- General to have satisfied one of the U.S. objectives in seeking revisions to Resolution 48; consequently, the U.S. submitted a revised proposal to the Conference containing only a reference to the new service order rather than a tasking to the Secretary General to develop a code of conduct.
During the discussion of the U.S. proposal to revise Resolution 48, it became clear that the ITU Staff Council had developed support in the Algerian delegation to amend Resolution 48 with specific provisions that the Union staff considered beneficial to them. The objective of the ITU Staff Council's proposed revisions was to maintain some semblance of fairness in the achievement of staff reductions that because of the financial state of the Union were considered imminent. Based on guidance received from Washington, negotiations were completed with the Algerian delegation on amendments to Resolution 48, which were in turn adopted by the Conference.



VI. CONCLUSION
Overall, the U.S. delegation had an extraordinarily successful Plenipotentiary Conference in Marrakesh. The United States satisfied virtually all of the objectives it set forth for the conference in a very difficult, post 9/11 international environment. Much of the credit goes to the hard work of the delegation members, both government and private sector. The U.S. was re-elected to the ITU Council by a record high vote, and James Carroll, a U.S. national, was re-elected to the Radio Regulations Board.

On the question of whether to maintain the current structure of the ITU or separate the telecommunication standardization work of the ITU into a quasi-privatized body, the U.S. succeeded in stemming efforts for change by the Arab group, some European countries, and Australia. The U.S. and other countries argued that the case had not been made for such drastic action. The result was a compromise solution to create a Council Working Group to review the functions of the three Sectors "in light of the changes that have occurred in the operation and regulation of the telecommunication sector at the national level."
The three Internet-related resolutions adopted by the Conference reflect the growing interest by other countries in this service, especially those from the developing world. However, the U.S. delegation was able to achieve results that will continue to ensure the stability and security of the Internet, reaffirms the importance of private sector leadership in the development and management of the Internet and that will continue to limit the ITU’s involvement to its core competencies.
The Plenipotentiary Conference was able to make good progress on its agenda because the only pure political issue was resolved with the assistance of Morocco, which as the conference host served as the Conference Chairman. The Plenary adopted a resolution on rebuilding Palestinian telecommunications infrastructure, which was acceptable to both the Arab group and Israel.
At the Marrakesh Plenipotentiary, the ITU's financial crisis was the pre-eminent issue. Faced with the reluctance of ITU leadership to acknowledge the seriousness of the situation, the U.S. delegation took the initiative to put forward a paper that outlined several principles for placing the ITU on a firmer financial basis and proposed specific budget cuts. The U.S. was successful in obtaining support for this approach, and in convincing other member states to support cutting the budget.
However, the increase in the upper limit of the contributory unit voted by the Conference helped to produce a decline of 22 contributory units, mostly from European countries. This result further aggravated the budget situation, forcing Plenipotentiary delegates to make a further round of cuts in the ITU budget to bring it back into balance.
One of the U.S. objectives going into the conference was to improve the management of the ITU by giving a larger oversight role to the Council in the period between plenipotentiary conferences. A noteworthy development at the Conference was the establishment of a number of Working Groups of Council to review a series of management issues facing the Union. For example, Resolution 108 called for the establishment of a Working Group to examine the functioning of the Coordinating Committee, including the duties of the Deputy Secretary-General and other elected officials. Another resolution, 106, mandated the review of functions of the Sectors and a study of the current structure, working methods and procedures of the Sectors. Other Working Groups were established to focus on policy issues, such as review of the International Telecommunication Regulations, a review of provisions concerning the role of observers, and a study of the contribution system for Sector Members and Associates. The U.S. supported the adoption of these resolutions as a means of strengthening the oversight role of the Council.

Appendix A.
REMARKS OF AMBASSADOR DAVID A. GROSS
TO THE 2002 ITU PLENIPOTENTIARY CONFERENCE
September 23, 2002
Thank you Mr. Chairman. Mr. Secretary-General, Excellencies, Distinguished Delegates, Ladies and Gentleman. We have come to Marrakesh as so many have come over the centuries -- coming to this fabled city and being awed by its matchless beauty. We now know why Marrakesh is known in legend as the Jewel of the South, or simply the Rose City. For this opportunity, we wish to extend our appreciation to our Moroccan hosts for greeting us with warmth and their legendary hospitality. We would also like to extend our congratulations to you, Mr. Chairman, on your election. We wish you every success in leading us over the next weeks of the Plenipotentiary.
Today, we have come together in Marrakesh to celebrate the convening of the ITU’s Plenipotentiary. As with all Plenipotentiaries, we delegates will be expected to meet the challenges of a changing telecommunications environment. We are, at this time, facing unprecedented challenges -- but, I should also add, unprecedented opportunities.
We are all aware of the difficulties facing new and traditional suppliers of telecommunications services and equipment. This is a time of intense competition, abundant supply, lower rates, greater consumer choices, and industry restructuring. These are facts that some of you in this room deal with every day. However, I do not choose to dwell on the difficulties of the telecom industry -- because we believe that these difficulties are transitory and will be overcome. We are confident that the great promise with which we began this century continues with us.
This promise was affirmed at the recent World Telecommunications Development Conference in Istanbul. In Istanbul, nearly 155 countries came together to address the pressing needs of the telecommunications services in the developing world. At that conference the delegates forged an Action Plan that has, as its core, optimism about the future. The Action Plan states: “Digital opportunities not only serve as an engine of economic growth, they enable social, educational and medical progress.”
It is important to note that for every difficulty the telecom sector is facing, we are slowly moving closer towards the goal set nearly 20 years ago by the Maitland Commission -- universal access. We read of the 60 million new fixed-line subscribers, 140 million new Internet users and some 200 million new mobile subscribers that were added around the globe this year alone -- most in the developing world. Indeed, it has been reported that worldwide telecommunications growth has been exceeding that of the general economy by approximately two and a half times.
We have accomplished a great deal but more needs to be done -- a great deal more. But to realize the promise that lies ahead, we must all think about what policies will bring supply and demand into a sustainable balance. This is the basic challenge facing many telecommunications Administrations and regulators today. It is also true that this same challenge of sustainable harmony between supply and demand is facing the ITU at this most important time in its history. In our economies, we seek efficient use of resources, which encourages and supports innovation, while responding to the needs and aspirations of our citizens.
Efficiency, innovation, responsiveness.
The ITU has at various times in its recent history engaged in reform. We come to Marrakesh to again consider and decide upon the reform agenda of the ITU. The ITU must find ways to be more efficient, it must be a catalyst for creativity and innovation, while always being responsive to the needs and aspirations of all of its Members -- States and Sector Members alike. What must be done?
My fellow delegates, we should leave this magical city understanding that we have reviewed all ITU institutions and practices to set into motion greater efficient use of resources. We believe that, as with all great institutions, the key to achieving such efficiencies is to ensure that the ITU focus its work primarily upon its core competencies and where it has unique responsibilities.
At the same time we should strive to find innovative ways to promote the extension of benefits of communications technologies to all the world’s inhabitants.
Finally, we must endeavor, as an intergovernmental organization, to address the respective needs of Member States and Sector Members.
At this Plenipotentiary the stakes are greater than in recent memory. Forces have been building and have converged here, at this time, to challenge us all to determine the direction the ITU will take for years to come. The ITU is in some of its functions unique among international organizations. We must preserve its uniqueness.
The ITU is an essential part of our collective goal to spread the benefits of a remarkable technology to all the world’s inhabitants.
In conclusion, Mr. Chairman, it is appropriate that we hold this Plenipotentiary here in Marrakech, one of the great crossroads of the world. The ITU too is at a crossroads in its long and impressive history. What we do here and now will determine the future course and potential success of this unique institution.
The challenges are great but together we can meet these challenges and turn them into unprecedented opportunities. We are here for no less a task than to ensure the ITU’s success long into the future.

Thank you.
Appendix B. U.S. Delegation to the ITU Plenipotentiary Conference
Head of Delegation
Ambassador David Gross
US Coordinator
International Communications and Information Policy
Department of State
tel: 202 647-5212
Alternate Head of Delegation
Richard C. Beaird
Senior Deputy Coordinator
International Communications and Information Policy
Department of State
tel: 202 647-5832
Government Delegates
Donald Abelson
Chief, International Bureau
Federal Communications Commission

Washington, D.C. 20554
tel: 202 418-0437
Kathleen Abernathy
Commissioner
Federal Communications Commission
Washington, D.C. 20554
tel: 202 418-2400

Fiona Alexander
Telecommunications Policy Specialist
Office of International Affairs
NTIA
Department of Commerce
Washington, DC 20230
tel: 202 482-1890
Linda Armstrong
Senior Legal Advisor
Federal Communications Commission
445 12th Street SW
Washington, D.C. 20554
tel: 202 418-7490
Julie Barrie
Federal Communications Commission
445 12th Street SW
Washington, D.C. 20554
tel: 202 418-2195
Karen Benjamin
Deputy Executive Director
Bureau of Economic and Business Affairs
Department of State
tel: 202 647-3248
Sarita Bhatt
Telecommunications Policy Specialist
Office of International Affairs
NTIA
Department of Commerce
Washington, DC 20230
tel: 202 482-0298
Thomas Brennan
Office of Specialized Agencies
Bureau of International Organization Affairs
Department of State
tel: 202 647-1526
Justin Connor
Senior Attorney
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
tel: 202 418-1476
Thomas Cooney
Foreign Affairs Officer
Bureau of International Organization Affairs
Department of State
tel: 202 647-6413
Robert Farr
Information Systems Specialist
Bureau of Economic and Business Affairs
Department of State
tel: 202 647-3105
Lauren Flejzor
Program Analyst
Bureau of International Organization Affairs
Department of State
tel: 202 647-6414
Robin Frank
Office of the General Counsel
Department of Defense
Washington, D.C. 20301-1600
tel: 703 695-3392
John Giusti
Chief, International Spectrum and Communications Policy Branch
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
tel: 202 418-1407
Jack Gleason
Senior Policy Advisor
National Telecommunication and Information Administration
Department of Commerce
Washington DC 20230
tel: 202 482-1866
Marion Gordon
Director, Telecommunication and Information Standards
Department of State
tel: 202 647-0197
Vernita Harris
Telecommunications Policy Specialist
NTIA
Department of Commerce
Washington, DC 20230
tel: 202 482-4696
JoAnn Howd
Office of International Conferences
Bureau of International Organization Affairs
Department of State
tel: 202 647-1209
Anne Jillson
Executive Director, U.S. Delegation
International Communications and Information Policy
Department of State
tel: 202 647-5205
Elizabeth Kiingi
Attorney-Adviser
Office of the Legal Adviser
Department of State
tel: 202 647-0685
James Leaf
Office of International Conferences
Bureau of International Organization Affairs
Department of State
tel: 202 647-2511
William Luther
Chief, International Radio Branch
Federal Communications Commission
Washington, D.C. 20554
tel: 202 418-0729
Doreen McGirr
ITU-D Program Director
International Communications and Information Policy
Department of State
tel: 202 647-0201
Steve Mirmina
Senior Attorney
National Aeronautics and Space Administration
Washington, D.C. 20546
tel: 202 358-2432
Christopher Murphy
Senior Legal Advisor, International Bureau
Federal Communications Commission
Washington, D.C. 20554
tel: 202 418-2373
Karl Nebbia
Deputy Associate Administrator
National Telecommunications and Information Administration
Department of Commerce
Washington, D.C. 20230
tel: 202 482-0536
Kathryn O'Brien
Division Chief, International Bureau
Federal Communications Commission
Washington, DC 20554
tel: 202 418-0439
Carmelo Rivera
National Oceanic and Atmospheric Administration
Department of Commerce
1325 East-West Highway
Silver Spring, MD 20910
tel: 301 713-1853
Norbert Schroeder
Program Manager, Office of Spectrum Management
National Telecommunications and Information Administration
Department of Commerce
Washington, D.C. 20230
tel: 202 482-6207
Sally Shipman
Telecommunications Policy Adviser
International Communications and Information Policy
Department of State
tel: 202 647-0050
Mary Townswick
Economic Officer
US Mission Geneva
11, Route de Pregny
1292 Chambesy - Geneva
tel: (41-22) 749-4647
Kenneth Turner
Office of Spectrum Management Policy
Department of Defense
6000 Defense Pentagon
Washington, D.C. 20301-6000
tel: 703 607-0735
Nancy Victory
Assistant Secretary for Communications and Information
Department of Commerce
Washington DC 20230
tel: 202 482 1840
Frank Williams
Chairman, CPM Delegation
International Communications and Information Policy
Department of State
tel: 202 647-0049
Badri Younes
Director, Spectrum Management
Department of Defense
6000 Defense Pentagon
Washington, D.C. 20301-6000
tel: 703 607-0715
Private Sector Delegates
Audrey Allison
Director, Americas Regulatory Affairs
The Boeing Company
1200 Wilson Boulevard
Arlington VA 22209
tel: 703 465 3215
Matthew Botwin
Senior Manager, Regulatory Affairs
PanAmSat Corporation
1133 Connecticut Avenue NW - Suite 675
Washington, D.C. 20036
tel: 202 861-4355
fax: 202 861-4368
Marilyn Cade
Director, Internet and E-Commerce
AT&T
1120 20th NW
Washington, D.C. 20036
tel: 202 457-2106
Sallye Clark
Senior Director, International Affairs
PanAmSat Corporation
1133 Connecticut Avenue NW - Suite 675
Washington, D.C. 20036
tel: 202 861-4350
Jane Coffin
Resident Regulatory Advisor
USAID Telecommunications Sector Reform Project
National Regulatory Agency for Telecommunications
134 Stefan cel Mare Blvd - Room 405-407
Chisinau, MD-2021, Moldova
tel: 373 2 211-174
Raymond Crowell
Telecommunication Consultant
Island View Drive
Shelby, NC 28150-9717
tel:704 481 8929
Glenn Feldhake
ITT Industries
1761 Business Center Drive
Reston, VA 20190
tel: 703 858-4038
Ben C. Fisher
Senior Counsel
Shaw Pittman
Washington, D.C.
tel: 202 663-8154
Gary Fishman
Technical Standards Director
Lucent Technologies
101 Crawfords Corner Rd
Holmdel, NJ 07733
tel: 732 949-3401
Michael Fitch
Executive Director, Spectrum Management
The Boeing Company
2260 E. Imperial Highway
Los Angeles, CA 90009
tel: 310 364-7445
Karen Gielen
Executive Director, International Regulatory Affairs
Connection by BoeingSM
P.O. Box 3707 - M/C 14/08
Seattle, Washington 98124
tel: 206 655-5170
Ann Ishee
Group Manager
Sprint
12120 Sunset Hills Rd, Second floor
Reston, VA 20190
tel: 202 585-1917
William Jahn
ASRC Aerospace Corporation
12021 Sunset Hill Rd., Suite 550
Reston, VA 20190
tel: 301 262-3023
Michael Kennedy
Corporate Vice President
Motorola
1350 I St. NW - Suite 400
Washington, D.C. 20005
tel: 202 371-6551
Jason Leuck
Director, International Affairs
Telecommunications Industry Association
1300 Pennsylvania Ave. NW - Suite 350
Washington, DC 20004
tel: 202 383-1493
Leslie Martinkovics
Director, International Regulatory Affairs
Verizon Communications Inc.
Washington, D.C. 20005
tel: 202 515-2433
Richard Parlow
Telecommunications Consultant
5706 Bideford Court
Bowie, MD 20715
tel: 301 464-0711
Arthur Reilly
Cisco Systems Inc
14 Oak Knoll Road
Ocean, NJ 07712
tel:732 493 3382
Warren Richards
ITT Industries
1761 Business Center Drive
Reston, VA 20190
tel: 703 438-3190
Walda Roseman, President & CEO
CompassRose International Inc
888 17th Street, NW Suite 900
Washington DC 20006
tel:202 833 2390
Eric Rosenberg
Director, Spectrum and Regulatory Affairs
Iridium Satellite LLC
1600 Wilson Blvd., Suite 1000
Arlington VA 22209
tel:703 465-1026
Jonathan Siverling
Technical Relations Specialist
American Radio Relay League
3545 Chain Bridge Rd. Suite 209
Fairfax, VA 22030
tel: 703 934-2066
Martin Sullivan
Director, Standards Development
Telcordia Technologies
Room 2X439
Red Bank, NJ 07701
tel: 732 758-2233
Jennifer Warren
Senior Director, Trade & Regulatory Affairs
Lockheed Martin
1725 Jefferson Davis Hwy, Suite 403
Arlington, VA 22202
tel: 703 413-5970
Lawrence Williams
Senior Vice President, Business Development
ICO Global Communications
1133 21st Street NW - 8th floor
Washington, D.C. 20036
tel: 202 721-0966

Richard Wright
Deputy Manager
ASRC Aerospace Corp.
12021 Sunset Hills Rd. Suite 330
Reston, VA 20190
tel: 571 203-1341

Appendix C. Working Groups Established by the Plenipotentiary Conference
Reference Purpose Established by: Composition Reporting
Dec 7

(Dec 6/1)

Review management of the Union Extraordinary session of Council One specialist from each region Report to Council 2003
Res 48Rev Human resource management and development Council 2002 Ad hoc, established by Council 2002 under Council Res 1195; reports to Standing Committee on Staff Matters
Res 88Rev Modifications to Dec. 482 to give effect to resolves 1 and 2 of Resolution 88Rev. Extraordinary session of Council Open to all MSs and SMs Make recommendations to Council 2003
Res 106

(Res COM 5/11)

Review functions of the Sectors, study current structure, working methods and procedures of the Sectors Council 2003 Open to all MSs and SMs, but limited to MSs when group considers reaching decisions Report distributed by Sec-Gen to all membership and subsequent comments are collected and sent to Council.
Res 107

(Res COM 6/8)

A POTENTIAL WG on enhancing processes that establish priorities and evaluate achievements Council Open to all MSs (Not specified)
Res 108

(Res COM 5/10)

Examine functioning of the CoCo, including tasks of Deputy Sec-Gen and other elected officials Council 2003 Open to all MSs Report to Council
Res 109

(Res COM 5/2)

Review provisions concerning observers and make recommendations to Council 2004 concerning SM observers at Council Plenipot Open to all MSs Council 2004
Res 110

(Res COM 6/3)

Study the contribution system of SMs and Associates towards defraying expenses of the Union Council WG open to all MSs and all SMs Report to Council 2005
Res 121

(Res COM 5/7)

Review ITRs, recommend necessary changes and decide on WCIT Extraordinary session of Council Open to all MSs, whose delegations may include appropriate legal, regulatory and technical experts. At latest to Council 2005 for submission to PP-06.
Res 113

(Res PLEN/7)

WSIS Working Group of Council Council 2002 WG established by Council 2002 Will continue through PP-06


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