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13009 Mexico - Memorandum of Understanding Concerning the Use of Radio Frequencies, Coordination and Cooperation for Emergency Purposes


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13009

 

 

TELECOMMUNICATIONS

 

 

 


Memorandum of Understanding
Between the
UNITED STATES OF AMERICA
and MEXICO

 

Signed at Washington and Mexico City
December 9, 1998

with

Annexes

 

 

 


 

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.”

 

MEXICO

Telecommunications

Memorandum of understanding signed at
Washington and Mexico City December 9, 1998;
Entered into force December 9, 1998.
With annexes.

MEMORANDUM OF UNDERSTANDING BETWEEN
THE DEPARTMENT OF AGRICULTURE FOREST SERVICE AND THE FEDERAL
COMMUNICATIONS COMMISSION OF THE UNITED STATES OF AMERICA AND
THE SECRETARfA DE COMUNICACIONES Y TRANSPORTES OF THE UNITED
MEXICAN STATES FOR THE USE OF RADIO-FREQUENCIES, COORDINATION
AND COOPERATION FOR EMERGENCY PURPOSES
The Department of Agriculture (USDA) Forest Service and
the Federal Communications Commission (FCC) of the United
States of America and the Secretaria de Comunicaciones y
Transportes (SCT) of the United Mexican States, hereinafter
referred to as the Parties;
CONSIDERING the provisions of Article 7 of the Radio
Regulations considered annexed to the International
Telecommunications Constitution (Geneva, 1992);
RECOGNIZING the need to establish shared radio frequencies
and radio equipment for firefighting, and certain other
emergency, and disaster relief operations,
Have agreed as follows:
ARTICLE I
Purposes
The purposes of this Memorandum of Understanding
(hereinafter MOU) are:
1. To establish procedures for coordinating and cooperating
on firefighting, and certain other emergency and disaster
relief operations.
2. To identify the Departments and/or agencies that shall
cooperate in the sharing of radio equipment to support
firefighting, and certain other emergency and disaster
relief operations.
-2-
3. To establish, and to protect from harmful interference,
the radio frequencies to be used by the Parties on a
shared basis (hereinafter, emergency frequencies) to
support firefighting, and certain other emergency and
disaster relief operations.
4. To establish that each Party may use the emergency
frequencies in the areas of the common border for the
purposes established in this MOU. Within the United
States, in the area defined in Annex I, Section II,
paragraph 1, the emergency frequencies will be used to
support firefighting, and certain other emergency and
disaster relief operations that require radio equipment
from the National Interagency Fire Center (NIFC). Within
Mexico, in the area defined in Annex I, Section II,
paragraph 1, the emergency frequencies will be used to
support firefighting, and certain other emergency and
disaster relief operations.
ARTICLE II
Other Participating Departments and/or Agencies
1. On behalf of the United States, the other participating
Department and/or agency in this MOU is the Department of
the Interior, acting through the Bureau of Land
Management. The National Interagency Fire Center (NIFC),
a joint operation of several United States government
agencies, including the USDA Forest Service and the Bureau
of Land Management, will administer the program of
-3-
cooperation involving the shared use of radio equipment
detailed in Article III of this MOU.
2. On behalf of Mexico, the other participating Departments
and/or agencies in this MOU are: the Comision Federal de
Telecomunicaciones (CFT), the Secretaria del Medio
Ambiente, Recursos Naturales y Pesca(SEMARNAP), acting
through the Dirección General Forestal, and the Secretaria
de Gobernación (SEGOB), acting through the Dirección
General de Proteccion Civil.
ARTICLE III
Shared Use of Radio Equipment
1. The participating Departments and/or agencies in Mexico
may request and receive radio equipment provided by the
NIFC.
2. Requests for radio equipment may be made by written
communications or through rapid communication methods
between the participating Departments and/or agencies. If
the request is not made in writing, it shall be confirmed
in writing as soon as possible after the request. Written
requests shall provide an itemization of equipment needed,
together with a commitment to make reimbursement in
accordance with Annex III of this MOU. Each such request
shall be signed by an authorized official as designated in
Annex III, Section II.
3. The receiving Departments and/or agencies in Mexico shall
reimburse the NIFC in accordance with Annex III, Section
II, Letter (D) for any loss, damage, or expense incurred
in the operation of the equipment subject to this MOU.
Receiving Departments and/or agencies in Mexico shall also
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reimburse the NIFC for the cost of all expendable
materials and transportation. The reimbursement shall be
made within one hundred and twenty days after the receipt
by the requesting/receiving Department and/or agency of an
itemized statement of such costs.
4. Upon signature of this MOU and during the first trimester
of each year, the participating Departments and/or
agencies shall exchange the names of officials designated
to request or provide services under this MOU as part of
the establishment of annual operational guidelines (see
Annex III for the Operational Guidelines for 1998) for
implementation of this MOU. In accordance with the
cooperative nature of this MOU, it is permissible and
desirable for the participating Departments and/or
agencies to exchange recommendations and suggestions
designed to render more effective the operational
procedures to be followed in requesting assistance and
reimbursing expenses.
5. The technical parameters of the radio equipment available
for use pursuant to this MOU are set forth in Annex IV.
This Annex may be modified or otherwise updated when the
operational guidelines are established each year.
ARTICLE IV
Frequency Use and Protection
In accordance with Annex I, the Parties shall protect from
harmful interference the emergency frequencies programmed in
the radio equipment used by both Parties on a shared basis to
support firefighting, and certain other emergency and disaster
relief operations.
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ARTICLE V
Settlement of Disputes
1. Nothing in this MOU shall be construed as affecting any
existing cooperative arrangements for firefighting or
other emergency or disaster relief operations.
2. Any disagreement regarding the application and
interpretation of this MOU shall be resolved by agreement
between the two Parties.
Article VI
General Provisions
1. Nothing in this MOU shall be construed as obligating the
Parties to make expenditures or enter into obligations,
contractual or otherwise, for the payment of money in
excess of appropriations authorized by law and allocated
for firefighting or certain other emergency or disaster
relief operations.
2. Except for costs set forth in Article III, paragraph 3 of
this MOU, neither Party, nor its officials or employees
shall be liable on account of any act or omission in
consequence of performance of or intended performance of
this MOU.
ARTICLE VII
Entry Into Force and Amendments
This MOU shall enter into force upon signature by both
Parties and may be amended by mutual agreement of the Parties.
Amendments shall enter into force on a date specified by the
Parties through an exchange of written notification.
-6-
ARTICLE VIII
Termination of the Memorandum
This MOU may be terminated by mutual agreement of the
Parties; by its replacement by another bilateral instrument; or
by a written notice of termination from either Party. Such
notice of termination shall enter into force six months after
it is received.
Done in Washington, this ninth day of the month of
December of the year nineteen hundred and ninety eight, and in
Mexico City, this ninth day of the month of December of the
year nineteen hundred and ninety eight, in duplicate, in the
English and Spanish languages, both texts being equally
authentic.
FOR THE DEPARTMENT OF
AGRICULTURE FOREST SERVICE
OF THE UNITED STATES OF
AMERICA:
Clyde Thompson
Deputy Chief for Business
Operations
FOR THE SECRETARIA DE
COMUNICACIONES Y TRANSPORTES
OF THE UNITED MEXICAN STATES:
Jorge Nicolin Fischer
Undersecretary for
Communications
FOR THE FEDERAL
COMMUNICATIONS COMMISSION OF
THE UNITED STATES OF AMERICA:
William E. Kennard
Chairman
Javier Lozano Alarcon
Chairman of the Comisión
Federal De Telecomunicaciones
ANNEX I
FREQUENCY USE AND PROTECTION
This Annex establishes the areas for use and procedures for
protection of the emergency frequencies in the radio equipment
used by both Parties for firefighting, and certain other
emergency and disaster relief operations.
I. Frequencies to be Protected
1. The following emergency frequencies (in MHZ) shall be
protected from harmful interference within the border
area, in accordance with Section III of this Annex:
166.6125 166.675 167.100 167.950 142.725
168.075 168.100 168.400 168.475
168.550 168.625 168.700 169.150
169.200 169.750 170.000 170.425
170.450 170.975 173.8125 139.150
2. The following additional emergency frequencies (in
MHZ) are used for firefighting operations and shall
be protected from harmful interference, in accordance
with Section III of this Annex, within the border
area described in Section II west of 114 degrees
West:
151.190 151.280 151.295 151.310
159.225
II. Areas Within Which the Frequencies Are To Be Protected.
The border areas within which both Parties shall
protect the emergency frequencies referred to in
Section I lie between the following two lines and the
common border between the United States and Mexico:
-2-
The United States' line begins at Point Estero
on the coast of California at 35° 30' N, 121° 00'
W, running by great circle arc to the
intersection of 34° N, 114° W, thence by great
circle arc to the intersection of 33° N, 112° W,
thence along parallel 33° N to the intersection
of 106° W, thence by great circle arc to the
intersection of 31° 30' N, 104°W, thence by great
circle arc to the intersection of 31° N, 100° W,
thence by great circle arc to the intersection
of 29° N, 99° W, thence by great circle arc to
the intersection of 27° 30' N, 98° W, and thence
by great circle arc to the intersection of 27°
10' N, and the Padre Island - Gulf of Mexico
shore at 97° 23' W, at which point it
terminates.
The Mexican line begins at the Pacific Coast of
Baja California, running along parallel 31° 20'
N to the Gulf of California, thence by great
circle arc to the intersection of 30° 10' N, 111°
W, thence along parallel 30° 10' N to the
intersection of 107° W, thence by great circle
arc to the intersection of 27° 30' N, 104° W,
thence by great circle arc to the intersection
of 28° N, 102° W, thence by great circle arc to
the intersection of 24° 40' N, 100° W, thence
along parallel 24° 40' N to the Gulf of Mexico,
at which point it terminates.
-3-
The areas described above are outlined on the
attached map, Annex II.
2. Recognizing the fact that radios may be used outside
these areas for emergency purposes, both Parties are
encouraged to minimize use of the frequencies for
other than these purposes.
III. Protection to be provided.
1. The use of emergency frequencies listed in Section I,
shall be protected from harmful interference by both
Parties as follows:
1.1. In recognition of the fact that there are
already a considerable number of assignments on
the frequencies designated herein as emergency
frequencies, each Party shall provide the other
with a listing of all existing assignments on
the frequencies to be protected by this MOU
until they can be moved to other frequencies.
Upon entry into force of this MOU, the Parties
agree not to authorize use of these frequencies
for any purpose inconsistent with this MOU.
Furthermore, if, in the course of firefighting
or certain other emergency or disaster relief
operations, a Party finds that there is harmful
interference on an emergency frequency, it may
ask the other Party to turn off the transmitter
responsible for that interference or modify its
operational parameters in order to resolve the
interference problem for the duration of the
-4-
emergency. The Party receiving such a request
shall comply with it as quickly as possible.
1.2 In the United States, within the border area
described in Section II, paragraph 1 of this
Annex, use of emergency frequencies listed in
Section I, paragraph 1 shall be coordinated with
the U.S. National Interagency Fire Center prior
to each use, and use of emergency frequencies
listed in Section I, paragraph 2 shall be
coordinated with the FCC, San Diego Office. Use
of emergency frequencies in Mexico shall be
coordinated with the Secretaria de
Comunicaciones y Transportes acting through the
Comisión Federal de Telecomunicaciones, prior to
each use within the border area described in
Section II, paragraph 1 of this Annex.
1.3. Each year, during the first trimester, the
United States-Mexico Mixed Commission Charged
with Resolving Cases of Radio Interference shall
undertake monitoring and coordination activities
in order to ensure that, in accordance with
paragraph 1.1 above, any unauthorized stations
using emergency frequencies are closed down
before the peak firefighting season begins.
ANNEX II
2730 N
98 W
2710 N
9723 W
104 W
100 W

ANNEX III
OPERATIONAL GUIDELINES FOR 1998
Table of Contents
I. Purpose
II. General Procedures
A. Requests
B. Personnel
C. Equipment and Supplies
D. Billing and Payment
E. Authorization and Amendments
-2-
OPERATIONAL GUIDELINES FOR 1998
Purpose.
These operational guidelines are to facilitate the lending of
communications equipment to Mexico when required for
firefighting and certain other emergency and disaster relief
operations. These guidelines do not override or supersede any
existing cooperative firefighting arrangements.
II. General Procedures.
A. Requests
1. Requests for equipment will be channeled by the most
expeditious means to the NIFC in Boise, Idaho. If the
request is made by other than written communications,
it shall be confirmed in writing as soon as possible
after the request. Written requests shall provide an
itemization of equipment needed together with an
undertaking to make reimbursement in accordance with
Letter (B) of these Operational Guidelines. Each
such request should be signed by the authorized
official as designated in paragraph (2) below.
2. The authorized official for the United States is the
Chief of the Forest Service or the Chief's designee.
For Mexico, the authorized officials are: the
Director General Forestal of the SEMARNAP and the
Director General de Protección Civil of the SEGOB, or
their designees. The NIFC and the Dirección General
Forestal of the SEMARNAP will be responsible for
exchanging the names of the authorized United States
and Mexican officials during the first trimester of
each year.
-3-
B. Personnel
1. Personnel will be sent with the equipment only at the
request of the receiving Department and/or agency.
If personnel are sent, the costs of travel, per diem,
and personnel care costs shall in all cases be
reimbursed by the receiving Department and/or agency.
Where per diem rates are not in effect receipts are
required for all official expenses.
2. Personnel assigned as part of a resource order shall
receive an adequate orientation prior to deployment
and should be debriefed prior to demobilization.
3. The lending Department and/or agency shall provide
all the safety equipment required to meet its
regulations. Should additional equipment be required
by the receiving Department and/or agency, that
Department and/or agency shall supply the equipment
at its expense.
4. When appropriate, the lending and receiving
Departments and/or agencies shall appoint
coordinators to provide for adequate liaison. The
official responsible for liaison from the lending
Department and/or agency will be responsible for the
health, safety, welfare, and commissary needs of the
personnel represented.
5. The NIFC shall provide training and instruction for
personnel of the Direccion General Forestal of the
SEMARNAP and of the Direccion General de Protección
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Civil of the SEGOB that require training, principally
in the use of specialized equipment.
C. Equipment and Supplies
1. Expendable equipment and supplies shall be considered
purchased on delivery, and full replacement costs
shall be reimbursed by the receiving Department
and/or agency. Items shall be considered expendable
if they are not reusable.
2. Non-expendable and accountable equipment and supplies
shall be assigned to the receiving Department and/or
agency until its return to the lending Department
and/or agency. The cost of refurbishing such items
is reimbursable by the receiving. Department and/or
agency.
3. In the event that any equipment or supplies are
damaged beyond repair or not returned, full
replacement costs shall be reimbursed by the
receiving Department and/or agency. Reimbursement
shall be made within one hundred twenty days after
the receipt by the requesting Department and/or
agency of an itemized statement of such costs.
4. The costs of transportation of equipment and supplies
shall be borne by the receiving Department and/or
agency.
D. Billing and Payment
1. The billing and payment provisions shall provide for
direct payment to the sending Department and/or
-5-
agency in accordance with Letter (C) of these
Operational Guidelines.
2. All billings shall include the requesting Department
and/or agency's resource order number and request
number if applicable. All billing shall include an
itemized invoice listing cost of any damage to, or
loss of equipment.
3. Invoices for goods and services provided by the
United States to Mexico shall be paid for in United
States dollars.
4. Billing shall include the following:
a. cover letter with reference to specific resource
number(s),
b. original invoice, and
c. backup documentation (summarized listing of
supplies and equipment).
5. Billing information shall be sent to the Mexican
Department and/or agency requesting the equipment,
either the Dirección General Forestal of the SEMARNAP
or the Dirección General de Protección Civil of the
SEGOB.
E. Authorization and Amendments
These Operational Guidelines may be amended at any time
with the concurrence of the participating Departments
and/or agencies.
ANNEX IV
NATIONAL INCIDENT RADIO SUPPORT CACHE
USER'S GUIDE
1998
NOTE: FURTHER CONTENTS OF THIS ANNEX NOT REPRODUCED HERE.



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