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12960 Argentina - Agreement Concerning the Provision of Satellite Facilities and the Transmission and Reception of Signals to and from Satellites and for the Provision of Satellites Services to Users in the US and Argentina


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12960

 

 

TELECOMMUNICATION

Satellite Services

 

 


Agreement Between the
UNITED STATES OF AMERICA
and ARGENTINA

 

Signed at Washington June 5, 1998

with

Protocol

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

ARGENTINA

Telecommunication: Satellite Services

Agreement signed at Washington June 5, 1998;
Entered into force June 5, 1998.
With protocol.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE ARGENTINE REPUBLIC
CONCERNING THE PROVISION OF SATELLITE FACILITIES AND THE
TRANSMISSION AND RECEPTION OF SIGNALS TO AND FROM SATELLITES
FOR THE PROVISION OF SATELLITE SERVICES TO USERS
IN THE UNITED STATES OF AMERICA AND THE ARGENTINE REPUBLIC
Recognizing the sovereign right of both countries to manage and regulate their satellite
communications;
Taking into account the "Special Arrangements" provisions of the International
Telecommunication Union's Basic Instruments;
In accordance with the provisions of Article 7 of the International Telecommunication Union's
Radio Regulations ("ITU Radio Regulations");
Recognizing the increasing opportunities for the provision of satellite services in the United
States of America ("United States") and the Argentine Republic ("Argentina"), the growing needs of the
satellite communications industries of both countries, and the public interest in development of those
services;
In order to establish the conditions for the provision of commercial satellite facilities and for the
transmission and reception of signals to and from satellites for the provision of commercial satellite
services to users in the United States and Argentina;
2
The Government of the United States of America and the Government of the Argentine
Republic (the "Parties") have agreed as follows:
ARTICLE I. Purposes
The purposes of this Agreement are:
1.To facilitate the provision of services to, from and within the United States and Argentina via
commercial satellites licensed and coordinated by the Parties pursuant to ITU Radio
Regulations; and
2.To establish the conditions relating to the use in both countries of satellites licensed by the
United States or Argentina.
ARTICLE II. Definitions
As used in this Agreement and annexed Protocol,
1. "Space Station" means a station located on an object which is beyond, is intended to go beyond,
or has been beyond the major portion of the Earth's atmosphere.
2. "Satellite" or "Satellite Facilities" means a Space Station providing the facilities for commercial
communications services, which is licensed by a Party or one of its Administrations, as
appropriate, and whose technical characteristics (including, but not limited to, spectrum and
orbital assignments and transmission parameters) are coordinated and implemented pursuant to
the ITU Radio Regulations by the same Party or its Administration, as appropriate.
3. "Satellite Service" means any radiocommunications service involving the use of one or more
Satellites.
4. "Satellite Service Provider" means an individual or legal entity licensed by a Party or its
Administration, as appropriate, to provide Satellite Services within the territory, territorial
waters or national airspace of a Party.
5. "Satellite Facilities Provider" is a term used by the Argentine Administration that means an
individual or legal entity licensed by a Party or its Administration, as appropriate, to provide
Satellite Facilities.
6. "Bilateral Reciprocity Agreement" means the agreement entered into herein.
3
7. "Earth Station" means a station located either on the Earth's surface or within the major portion
of the Earth's atmosphere and intended for communication with one or more Satellites, or with
one or more Earth Stations of the same kind by means of one or more reflecting Satellites or
other objects in space.
8. "License" means the concession, authorization, or permit granted to an individual or legal entity
by a Party or its Administration, as appropriate, which confers the authority to operate a
Satellite, Earth Station or Satellite Service.
9. "Blanket License" means an authorization from a Party or its Administration, as appropriate, for
a large number of technically identical Earth Stations for a specific Satellite Service.
10. "Protocol" shall have the meaning set forth in Article IV (2).
11. "Administration" shall have the meaning set forth in Article III (2).
ARTICLE III. Implementing Entities
1. The entities responsible for implementing this Agreement, herein referred to as the Authorities,
shall be, for the United States, the Department of State, and for Argentina, the Secretaria de
Comunicaciones.
2. The entities responsible for implementing the Protocol included in the Annex to this
Agreement, herein referred to as the Administrations, shall be as designated by the Authorities
in the Protocol.
ARTICLE IV. Conditions of Use
1. The United States and Argentina each have laws, regulations and policies that govern entities
providing Satellite Services to, from and within their respective territories. The Parties have
analyzed and compared their respective laws on these matters. On the basis of this comparison
and analysis, the Parties have concluded that it is appropriate to enter into a Bilateral
Reciprocity Agreement concerning the transmission and reception of signals from Satellites for
the provision of Satellite Services in their two countries, and to establish a Protocol to this
Agreement in order to address particular kinds of Satellite Services. Therefore, pursuant to this
Agreement:
4
1.1 Argentine-licensed Satellites will be permitted to provide service to, from and within
the United States, in conformance with applicable provisions of U.S. laws, rules,
regulations, and licensing procedures.
1.2 U.S.-licensed Satellites will be permitted to provide service to, from and within
Argentina, in conformance with applicable provisions of Argentine laws, rules,
regulations, and licensing procedures.
2. The conditions for the transmission and reception of signals from Satellites licensed by each
Party or Administration shall comply with national laws and regulations and shall be as agreed
in the annexed Protocol, which will render this Agreement operational and will form an integral
part of this Agreement.
3. For the purpose of this Agreement, the Parties agree that U.S.- or Argentine-licensed entities
that operate commercial Satellites and Earth Stations may be established with either public or
private participation in conformity with the legal and regulatory provisions of each country.
4. A Party shall not require a Satellite licensed by the other Party to be relicensed for the operation
of the Satellite in order to provide the Satellite Services described in the annexed Protocol. The
authorization of Satellite Facility Providers, as required under Argentine regulations, shall not
be considered an additional License for purposes of this provision. The submission of legal and
technical data required to obtain such authorization will have the purpose of establishing a
registry of Satellite Facility Providers.
5. Each Party shall apply its laws, regulations, rules, and licensing procedures in a transparent and
non-discriminatory manner to the Satellites licensed by either Party, and among all entities who
apply for a License to transmit and/or receive signals (including Licenses to own and operate
Earth Stations) via Satellites licensed by either Party.
ARTICLE V. Technical Coordination
1. The ITU Radio Regulations are the basis for the technical coordination of Satellites. After a
Party or its Administration, as appropriate, has initiated the required coordination procedures
pursuant to the ITU Radio Regulations, the Parties or their Administrations, as appropriate, will,
in good faith, undertake to effect the coordination of the concerned Satellites in a timely,
cooperative and mutually acceptable manner.
2. The Parties agree that technical coordination procedures shall be carried out for purposes of
effectuating the most efficient use of satellite orbits and the associated frequencies for satellite
5
use, and agree to cooperate in the technical coordination of new satellites to accommodate the
growing national and international communications needs of the satellite industry of each
country.
ARTICLE VI. Foreign Ownership
Any foreign ownership restrictions on Earth Stations and Satellite Service Providers operating
within the territory of a Party are defined by the laws and regulations of that Party. For the United
States, foreign ownership rules are at present contained in Title 47 of the United States Code (in
particular, 47 U.S.C. Section 310), and other U.S. regulations and case law. For Argentina, foreign
ownership rules are at present contained in Law 21, 382 (Texto Ordenado 1993) and Decreto 1.853/93,
and other Argentine regulations and case law.
ARTICLE VII. Essential Security Exception
This Agreement and its Protocol shall not preclude the application by either Party of actions
that it considers necessary for the protection of its essential security interests or to the fulfillment of its
obligations under the Charter of the United Nations with respect to the maintenance or restoration of
international peace or security.
ARTICLE VIII. Cooperation
The Parties shall cooperate in seeking to ensure respect for the laws and regulations of the other
Party relating to the services that are encompassed by this Agreement and the annexed Protocol.
ARTICLE IX. Amendment of the Agreement and Protocol
1. This Agreement may be amended by agreement of the Parties. Amendments shall enter into
force on the date on which both Parties have notified each other by exchange of diplomatic
notes that they have complied with the requirements of their respective national legislation.
2. The annexed Protocol may be amended by written agreement of the Administrations.
ARTICLE X. Entry into Force and Duration
1. This Agreement shall enter into force upon signature.
2. The Agreement shall remain in force until it is replaced by a new agreement or until it is
terminated by either Party in accordance with Article XI of this Agreement.
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ARTICLE XI. Termination of the Agreement
I. This Agreement may be terminated by mutual agreement of the Parties, or by either Party by
written notice of termination to the other Party through diplomatic channels. Such notice of
termination shall enter into effect six months after receipt of the notice,
2. The Protocol annexed to this Agreement may be terminated by agreement of the
Administrations, or by either Administration by written notice of termination to the other
Administration(s). Such notice of termination shall enter into effect six months after receipt of
the notice. If more than one Administration has been designated pursuant to Article III (2), the
Administration responsible for coordination with the Administration of the other Party shall
provide such notice.
3. In addition to the provisions in paragraph 2 of this Article, this Protocol may be terminated
upon sixty days written notice if a Party determines that the other Party has failed to conform to
the principles set forth in Article VI of the Protocol.
IN WITNESS WHEREOF, the respective representatives have signed the present Agreement.
Done at Washington, this fifth day of June, 1998, in duplicate, in the English and Spanish
languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE ARGENTINE
UNITED STATES OF AMERICA:

REPUBLIC:
PROTOCOL CONCERNING THE
TRANSMISSION AND RECEPTION OF SIGNALS FROM SATELLITES
FOR THE PROVISION OF
DIRECT-TO-HOME SATELLITE SERVICES AND
FIXED-SATELLITE SERVICES
IN THE UNITED STATES OF AMERICA AND THE ARGENTINE REPUBLIC
Recognizing the long-standing bonds of friendship and cooperation between the Governments
of the United States of America and the Argentine Republic;
Pursuant to the Agreement Between the Government of the United States of America and the
Government of the Argentine Republic Concerning the Provision of Satellite Facilities and the
Transmission and Reception of Signals to and from Satellites for the Provision of Satellite Services to
Users in the United States of America and the Argentine Republic, signed March 5, 1998 (herein
referred to as the "Agreement");
Noting the increasing opportunities for the provision of satellite services in the United States of
America ("United States") and the Argentine Republic ("Argentina"), the growing needs of the satellite
communications industries of both countries, and the public interest in development of those services;
Emphasizing that there has been a long-standing and successful bilateral relationship in
coordinating the respective satellite systems of both countries through the International
Telecommunication Union (ITU), and that both Parties will apply these same positive efforts and
expertise in the pending and future coordination of Satellites licensed by the Parties which are subject to
this Protocol to enhance the benefits of the Protocol for both Parties; and
In order to establish the conditions for the transmission and reception of signals from Satellites
licensed by the Parties for the provision of Direct-to-Home Fixed-Satellite Services, other Fixed-
Satellite Services, and Broadcasting-Satellite Services to users in the United States and Argentina;
2
The Government of the United States of America and the Government of the Argentine
Republic (the "Parties") have agreed as follows:
ARTICLE I. Purposes
The purposes of this Protocol are:
1. To establish conditions and technical criteria for the use of U.S.- or Argentine-licensed
Satellites and Earth Stations for the delivery of Direct-to-Home Fixed-Satellite Services, other
Fixed-Satellite Services, and Broadcasting-Satellite Services (all as defined herein) to, from,
and within the territories of the Parties; and
2. To facilitate the provision of such services to, from, and within the United States and Argentina
via commercial Satellites licensed by the Parties.
ARTICLE II. Definitions
The terms defined in the Agreement are applicable to this Protocol. In addition, for the
purposes of the Protocol,
1. "Direct-to-Home Fixed-Satellite Services" ("DTH-FSS") and "Broadcasting-Satellite Services"
("BSS") mean one-way, encrypted radiocommunication signals that are transmitted by
Satellites licensed by either Party for direct reception by subscribers.
2. "Fixed-Satellite Services" ("FSS") mean any radiocommunication signals that are transmitted
and/or received by earth stations, located at specified fixed positions or at any fixed point within
a specified area, using one or more Satellites licensed by either Party. These signals may also
include Feeder Links for other space radiocommunication services. As used in this Protocol,
FSS:
2.1 includes, but is not limited to, signals distributed to cable television head-end and multi-
point distribution service (restricted microwave television service) facilities.
2.2 does not include the delivery of DTH-FSS or BSS as defined above.
3. "Advance Published," "Coordination" and "Feeder Links" shall have the meanings given to
such terms in the ITU Radio Regulations.
3
ARTICLE III. Implementing Entities
As provided for in Article 111(2) of the Agreement, the Administrations shall be the Federal
Communications Commission (FCC) of the United States and the Secretaria de Comunicaciones (SC)
and the Com ite Federal de Radiodifusion (COMFER) of Argentina.
ARTICLE IV. DTH-FSS, BSS, and FSS Frequencies
1. This Protocol applies to the use of the frequency bands typically paired as set forth in the
Appendix.
2. This Protocol only addresses the frequency bands in the Appendix.
ARTICLE V. Conditions of Use
1 Licenses for DTH-FSS, BSS, and other FSS signals shall be issued as efficiently and
expeditiously as possible by the Administrations, including, if applicable, Blanket Licenses for
transmit and/or receive Earth Stations.
2. Each Party shall apply its laws, regulations, rules, and licensing procedures in a transparent and
non-discriminatory manner to the Satellites licensed by either Party, and among all entities
which apply for a License to transmit and/or receive DTH-FSS, BSS, or other FSS signals
(including Licenses for transmit/receive and receive-only Earth Stations) via Satellites licensed
by either Party.
3. Non-conformance to the applicable laws, regulations, rules, and licensing procedures of a Party
may result in loss of the License granted by that Party.
4. The principal applicable laws, regulations, rules, and licensing procedures for each of the
Parties are indicated below:
4.1 For the United States, the laws, regulations, rules, and licensing procedures for the
grant of Licenses in the United States to transmit or receive DTH-FSS, BSS, or other
FSS signals (including Licenses for U.S. transmit/receive and receive-only Earth
Stations) via Satellites licensed by the Parties, to be applied in a manner consistent with
Article VI of this Protocol, include the Communications Act of 1934, as amended; 47
U.S. Code of Federal Regulations, Parts 2, 25, 76 and 100; the Manual of Regulations
and Procedures for Federal Radio Frequency Management; and any other laws,
4
regulations, rules, and licensing procedures of the United States, present and future,
related to these services.
4.2 For Argentina, the laws, regulations, rules, and licensing procedures for the grant of
Licenses in Argentina to transmit or receive DTH-FSS, BSS, or other FSS signals
(including Licenses for Argentine transmit/receive and receive-only Earth Stations) via
Satellites licensed by the Parties, to be applied in a manner consistent with Article VI of
this Protocol, include the Ley de Telecomunicaciones 19.798; the Ley Federal de
Radiodifusion No. 22.285; Decreto 62/90; Decreto 264/98; Resolucion 1913/95 of the
former Comision Nacional de Telecomunicaciones (CNT); Resoluciones 477/93, 14/97,
242/97 and 1118/98 of the Secretaria de Comunicaciones; and any other laws,
regulations, rules, and licensing procedures of Argentina, present and future, related to
these services.
4.3 The Administrations will exchange the most up-to-date official texts of national laws,
regulations, rules, and licensing procedures related to DTH-FSS, BSS, or other FSS at
the time of signature of this Protocol, and on June 1 of every year thereafter.
5. DTH-FSS, BSS and other FSS signals may be provided for transmission and/or reception
within and/or between the territories of the Parties. DTH-FSS, BSS and other FSS signals
intended for reception in the territory of a Party need not be transmitted from an Earth Station
located within the territory of that Party.
6. DTH-FSS, BSS, and other FSS signals may be provided for transmission and/or reception
between either Party and third countries. Transmission or reception of such signals to or from
third countries shall be subject to each Party's applicable laws, regulations, rules, and licensing
procedures, applied in a non-discriminatory and transparent manner.
7. Nothing in this Protocol shall be construed to permit interim or permanent limits on the number
of:
7.1 DTH-FSS, BSS, or other FSS Satellites licensed by the Parties which may transmit to,
from, and/or within the territory of either Party pursuant to this Protocol or the
Agreement;
7.2 entities granted a License in the United States to transmit and/or receive DTH-FSS,
BSS, or other FSS signals via Satellites licensed by the Parties (including Licenses for
U.S. transmit/receive and receive-only earth stations communicating with such
Satellites);
5
7.3 entities granted a License in Argentina to transmit and/or receive DTH-FSS, BSS, or
other FSS signals via Satellites licensed by the Parties (including Licenses for
Argentine transmit/receive and receive-only Earth Stations communicating with such
Satellites).
8. Each Administration shall permit DTH-FSS, BSS, or other FSS signals to be delivered directly
to or from Earth Stations through Satellites licensed by either Party without requiring
retransmission over an intermediary satellite system, or through an intermediary Earth Station
operator.
9. This Protocol does not affect the rights of the Parties to apply their respective laws, regulations,
rules, and licensing procedures governing the provision of cable television service and multi-
point distribution services to end users .
ARTICLE VI. Programming and Advertising
1. Neither Party shall impose significant restrictions on the amount or origin of advertising and
program content for DTH-FSS and BSS services. In this regard, the following key principles
shall apply:
1.1 Any requirements for domestic program content and/or education and public interest
programming should be limited to a modicum of the total program channels of these
multi-channel DTH-FSS and BSS systems. Any such requirements may be met on a
system-wide basis, that is, they do not need to be met on a per-channel basis.
1.2 Each Party acknowledges that a Party may impose non-discriminatory restrictions on
program content and advertising, such as material involving obscenity, indecency,
national security, and public health and safety concerns. Restrictions on the amount or
origin of programming and advertising transmitted through DTH-FSS or BSS services
will not materially hinder the distribution of programming and advertising to the
national market of either Party or to the regional market.
ARTICLE VII. Technical Coordination Procedures
1. Nothing in this Protocol shall affect the rights and obligations of a Party to frequency
assignments and associated orbit positions already assigned to it in accordance with the ITU
Radio Regulations, including Appendices 30, 30A and/or 30B.
6
2. Nothing in this Protocol shall affect the rights and obligations of a Party regarding the technical
Coordination of frequencies and associated orbit positions of Satellites of the other Party, or
third Parties not covered by this Protocol, pursuant to the ITU Radio Regulations.
3. Any Satellite licensed by one of the Parties that is Advance Published, in Coordination or in
operation in accordance with the relevant ITU Radio Regulations, shall continue to have its
appropriate status under the ITU Radio Regulations, notwithstanding the provisions of this
Protocol.
4. Each Administration agrees to exert its best efforts to assist the other Administration in the
technical Coordination of new, and modifications to current, satellite network frequency
assignments and associated orbit positions. Each Administration shall concur with the requests
of the other Administration made through the ITU for Coordination of satellite networks, and
modifications thereto, provided that such requests are consistent with ITU Rules and
Regulations and applicable national technical rules and regulations, and result in technical
compatibility of the affected satellite networks and terrestrial systems of the Administrations.
5. This Protocol shall not obligate either Administration to require that any operator of a Satellite
licensed by one of the Parties substantially alter its ongoing operations and technical
characteristics in order to accommodate new Satellites licensed by the Parties for the provision
of DTH-FSS, BSS, or other FSS.
6. In the event that there is harmful interference to a Satellite licensed by one of the Parties,
notification shall be made to the Administration responsible for licensing the interfering
Satellite. Both Administrations shall analyze the information on the interfering signal, shall
consult on solutions, and shall seek to agree on the appropriate actions to resolve the
interference.
ARTICLE VIII. DTH-FSS, BSS and Other FSS Related Authorizations
1. The United States agrees to permit Satellites licensed by Argentina to provide DTH-FSS, BSS
and other FSS signals to, from, and within the United States. In order to receive a License in
the United States to transmit or receive DTH-FSS, BSS or other FSS signals (including
Licenses for U.S. transmit/receive and receive-only Earth Stations) via Satellites licensed by the
Parties, entities must comply with applicable U.S. laws, regulations, rules, and licensing
procedures.
2. Argentina agrees to permit Satellites licensed by the United States to provide DTH-FSS, BSS
and other FSS to, from, and within Argentina. In order to receive a License in Argentina to
7
transmit or receive DTH-FSS, BSS or other FSS signals (including Licenses for Argentine
transmit/receive and receive-only Earth Stations) via Satellites licensed by the Parties, entities
must comply with applicable Argentine laws, regulations, rules, and licensing procedures.
ARTICLE IX. Entry into Force, Amendment and Termination
1. The Protocol shall enter into force upon entry into force of the Agreement and shall remain in

force so long as the Agreement is in force.
2. The Appendix to this Protocol may be amended by an exchange of letters between the
Administrations.
3. Subject to paragraph 1 of this Article, this Protocol shall remain in force until it is replaced by a
new Protocol, or until it is terminated in accordance with Article XI of the Agreement.
4. Upon termination of this Protocol, an Administration may, at its discretion, terminate any
License that had been issued pursuant to this Protocol.
IN WITNESS WHEREOF, the respective representatives have signed the present Agreement.
Done at Washington, this fifth day of June, 1998, in duplicate, in the English and Spanish
languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:

ARGENTINE REPUBLIC:
8
APPENDIX
1. The following frequency bands are referred to for DTH-FSS and BSS in Article IV of
this Protocol1 :
For DTH-FSS services:
Uplink Frequencies Downlink Frequencies
5.925 - 6.425 GHz
6.725 - 7.025 GHz
12.75 - 13.25 GHz
13.75 - 14.0 GHz
14.0 - 14.50 GHz
For BSS services:
Uplink Frequencies
17.30 - 17.80 GHz
3.7 - 4.2 GHz
4.5 - 4.8 GHz
10.70 - 10.95 GHz
11.20 - 11.45 GHz
11.45 - 11.70 GHz
10.95 - 11.20 GHz
11.70 - 12.20 GHz
Downlink Frequencies
12.20 - 12.70 GHz
1 Consistent with Article V, Paragraph 4 of this Protocol, the use of the frequency bands listed below must comply
with applicable U.S. and Argentine laws, regulations, rules, and licensing procedures, the ITU Radio Regulations,
the conditions set forth in this Protocol and the respective national frequency allocation tables. Note that in
specific geographic areas, coordination involving specific systems currently operating in these frequency bands
will be necessary.
9
2. The following frequency bands are referred to for other FSS in Article IV of
this Protocol2:
Uplink Frequencies Downlink Frequencies
5.925 - 6.425 GHz
6.425 - 6.725 GHz
6.725 - 7.025 GHz
5.091 - 5.250 GHz
12.75 - 13.25 GHz
13.75 - 14.0 GHz
14.0 - 14.50 GHz
15.43 - 15.63 GHz
27.5 - 30.0 GHz
3.7 - 4.2 GHz
3.4 - 3.7 GHz
4.5 - 4.8 GHz
6.700 - 7.075 GHz
10.70 - 10.95 GHz
11.20 - 11.45 GHz
11.45 - 11.70 GHz
10.95 - 11.20 GHz
11.70 - 12.20 GHz
17.7 - 20.2 GHz
2 Consistent with Article V. Paragraph 4 of this Protocol, the use of the frequency bands listed below must
comply with applicable U.S. and Argentine laws, regulations, rules, and licensing procedures, the ITU Radio
Regulations, the conditions set forth in this Protocol and the respective national frequency allocation tables. Note
that in specific geographic areas, coordination involving specific systems currently operating in these frequency
bands will be necessary.



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