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13014 Mexico - Protocol Concerning the Transmission and Reception of Signals from Satellites for the Provision of Mobile-Satellite Services and Associated Feeder Links in the US and Mexico


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13014

 

 

SATELLITES

 

 

 


Protocol Between the
UNITED STATES OF AMERICA
and MEXICO

 

Signed at Mexico City
December 21, 1998

with

Appendix

 

 

 


 

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

Satellites

Protocol signed at Mexico City December 21, 1998;
Entered into force December 21, 1998.
With appendix.

PROTOCOL CONCERNING THE
TRANSMISSION AND RECEPTION OF SIGNALS FROM SATELLITES
FOR THE PROVISION OF
MOBILE-SATELLITE SERVICES AND ASSOCIATED FEEDER LINKS
IN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES
Recognizing the long standing bonds of friendship and cooperation between the
Governments of the United States of America ("United States") and the United Mexican States
("Mexico"), collectively the "Parties" and each a "Party";
Pursuant to the Agreement Between the Government of the United States of America
and the Government of the United Mexican States Concerning the Transmission and Reception
of Signals from Satellites for the Provision of Satellite Services to Users in the United States of
America and the United Mexican States, signed April 28, 1996 (the "Agreement") and the 1992
North American Free Trade Agreement between the Government of the United States of
America, the Government of Canada, and the Government of the United Mexican States;
Recognizing the enhanced opportunities for the provision of satellite services in the
United States and Mexico arising from the World Trade Organization General Agreement on
Trade in Services, the growing needs of the satellite communications industries of both
countries, and the public interest in development of these services;
Recognizing the sovereign right of each Party to regulate its telecommunications,
including the use and operation of the radio spectrum within its territory;
Recognizing that the Parties have signed the Memorandum of Understanding to
Facilitate Arrangements for Global Mobile Personal Communications by Satellite, Including
Regional Systems ("GMPCS - MOU") and are implementing expeditiously in their respective
laws, regulations, rules and licensing procedures the "Arrangements" developed pursuant to the
GMPCS-MOU;
Emphasizing that there has been a long standing and successful bilateral relationship in
the Coordination of 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 to 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 either Party for the provision of domestic and international Covered
Services, as defined herein, to users in the United States and Mexico;
The Parties agree as follows:
ARTICLE I. Purposes
The purposes of this Protocol are:
1. To establish conditions and technical criteria for the use of Satellites and Earth Stations
for the provision of Covered Services, as defined herein, to, from, and within the
territories of the Parties.
2. To facilitate the provision of Covered Services, as defined herein, covered by this
Protocol to, from and within the United States and Mexico via Satellites licensed by
either Party.
2
ARTICLE II. Definitions
1. For the purposes of this Protocol, it is understood that:
1.1 "Mobile-Satellite Services" ("MSS") means radiocommunication signals that are
transmitted and/or received by Mobile Earth Stations using one or more
Satellites licensed by either Party or, alternatively, between two or more
Satellites licensed by either Party.
1.2 "MSS Feeder Links" means a radio link between a Fixed Earth Station and one
or more MSS Satellites licensed by either Party.
1.3 "Covered Services" means MSS and MSS Feeder Links.
1.4 "Mobile Earth Station" means an Earth Station used to provide MSS while in
motion, during halts at unspecified points, or at any specified point within a
particular area.
1.5 "Fixed Earth Station" means an Earth Station at a specified fixed point used to
provide MSS Feeder Links.
1.6 Unless otherwise specified in this Protocol, the term "Earth Station" shall
include both Mobile Earth Stations and Fixed Earth Stations which are used for
the purpose of providing Covered Services.
2. For purposes of this Protocol, it is understood that Covered Services do not include
radio and television broadcasting, Direct-to-Home Fixed-Satellite Services,
Broadcasting-Satellite Services, and broadcasting-satellite service (sound).
3. The terms "Direct-to-Home Fixed-Satellite Services" and "Broadcasting-Satellite
Services" shall have the meanings given to such terms in the Protocol Concerning the
Transmission and Reception of Signals From Satellites for the Provision of Direct-To-
Home Satellite Services in the United States of America and the United Mexican States
signed on November 8, 1996.
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4. The terms defined in the Agreement are applicable to this Protocol.
5. The terms, "Advance Published," "Coordination" and "broadcasting-satellite service
(sound)" shall have the meanings set forth in the ITU Radio Regulations.
ARTICLE III. Implementing Entities
As provided for in Article III of the Agreement, the Administrations for the purposes of
this Protocol shall be the Federal Communications Commission (FCC) of the United States and
the Secretaria de Comunicaciones y Transportes (SCT) of Mexico.
ARTICLE IV. Mobile-Satellite Service Frequencies
The provisions of this Protocol apply solely to the frequency bands typically paired as
set forth in the appendix to this Protocol ("Appendix") utilized for the provision of Covered
Services.
ARTICLE V. Conditions of Use
1. Licenses for the provision of Covered Services shall be issued as efficiently and
expeditiously as possible by the Administrations, including Blanket Licenses for Mobile
Earth Stations.
2. Each Party shall apply its laws, regulations, rules, other administrative provisions and
licensing procedures in a non-discriminatory and transparent manner to the Satellites
and Earth Stations licensed by either Party, and to all applications for a License,
including Blanket Licenses for Mobile Earth Stations, to transmit and/or receive
Covered Service signals via Satellites and Earth Stations licensed by either Party.
3. Non-conformance to the applicable laws, regulations, rules, other administrative
provisions and licensing procedures of a Party may result in loss of the License or
Blanket License granted by the relevant Administration. 4
4. The principal applicable laws, regulations, rules, other administrative provisions and
licensing procedures of the Parties are set forth 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 Covered Service
signals via Satellites licensed by either Party (including Licenses for Fixed Earth
Stations and Blanket Licenses for Mobile Earth Stations), include the
Communications Act of 1934, as amended, 47 U.S. Code Section 151 et seq.; 47
U.S. Code of Federal Regulations, Parts 2, 25, 48, and 63; the Manual of
Regulations and Procedures for Federal Radio Frequency Management; and any
other laws, regulations, rules, and licensing procedures of the United States, now
or hereafter enacted, decided or promulgated, related to these services.
4.2 For Mexico, the laws, regulations, rules, other administrative provisions and
licensing procedures for the grant of Licenses in Mexico to transmit or receive
Covered Service signals via Satellites licensed by either Party (including
Licenses for Fixed Earth Stations or Blanket Licenses for Mobile Earth
Stations), include the Ley Federal de Telecomunicaciones; the Ley de Vias
Generales de Comunicación ; the Reglamento de Telecomunicaciones; the
Reglamento de Comunicación Via Satélite; the Reglamento del Servicio de
Telefonia Publica; the Reglas del Servicio de Larga Distancia; the Reglas para
Prestar el Servicio de Larga Distancia Internacional que deberán aplicar los
concesionarios de redes publicas de telecomunicaciones autorizados para prestar
este servicio; the Reglas del Servicio Local; the Plan Técnico Fundamental de
Numeración; the Plan Técnico Fundamental de Senalizacion; and any other
laws, regulations, rules, other administrative provisions and licensing procedures
of Mexico, 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, other administrative provisions and licensing procedures
related to Covered Services, at the time of signature of this Protocol, and,
subsequently, on June 1 of each year.
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5. Nothing in this Protocol shall be construed to permit interim or permanent limits on the
number of:
5.1 MSS Satellites licensed by either Party, which may transmit to, from, and/or
within the territory of either Party pursuant to this Protocol or the Agreement;
5.2 entities granted a License in the United States to transmit and/or receive Covered
Service signals via Satellites licensed by either Party (including Licenses for
Fixed Earth Stations and Blanket Licenses for Mobile Earth Stations
communicating with such Satellites); and
5.3 entities granted a License in Mexico to transmit and/or receive Covered Service
signals via Satellites licensed by either Party (including Licenses for Fixed Earth
Stations and Blanket Licenses for Mobile Earth Stations communicating with
such Satellites).
6. Both Parties acknowledge that there may be special circumstances where it would be in
the interest of both countries not to preclude their respective Satellites from providing
assistance to one another. One such case would be the provision of support and
assistance, subject to the availability of facilities and to the extent it is technically
feasible, in the case of catastrophic failure of either system. Another case would be for
each system to be in a position to assist the other country in meeting its domestic
telecommunication needs via satellite when the other country may have a temporary
shortage of adequate facilities.
7. Each Administration shall permit Covered Service signals to be transmitted directly to
and from Earth Stations communicating with Satellites licensed by either Party without
requiring that such transmissions be retransmitted over an intermediary satellite system.
8. Each Party shall ensure that Earth Stations licensed by such Party for the provision of
Covered Services are able to interconnect to such Party's public switched
telecommunications network under non-discriminatory, transparent and cost-oriented
terms at any technically feasible point in such network.
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9. The use of the frequency bands set forth in the Appendix in the territory of a Party must
comply with the provisions of this Protocol and with the respective national frequency
allocation tables, laws, regulations, rules, other administrative provisions and licensing
procedures of such Party, including applicable international agreements of the Parties.
10. Communications involving signals of Covered Services to or from third countries over
Satellites licensed by either Party shall be permitted under this Protocol. Transmission
or reception of such signals to or from third countries shall be subject to each Party's
applicable laws, regulations, rules, other administrative provisions, and licensing
procedures, and applied in a transparent and non-discriminatory manner, regardless of
which Party licensed the relevant Satellite.
11. Consistent with Article VIII of the Agreement, the Parties shall cooperate in seeking to
ensure respect for the laws and regulations of the other Party relating to Covered
Services, and each Party recognizes the right of the other Party to develop arrangements
for MSS Satellite Service Providers to provide to that Party, on a confidential basis if
applicable, and within a reasonable amount of time, appropriate data concerning traffic
originating in or routed to its national territory, and to assist it with measures intended
to identify unauthorized traffic flows therein.
12. In accordance with Articles VII and VIII of the Agreement, the Parties shall address law
enforcement and national sovereignty issues relating to Covered Services, making their
best efforts to resolve them in a timely manner through bilateral consultations between
the U.S. Attorney General and the Mexican Procuraduria General de la Republica, or
their representatives, with the participation of other competent government authorities,
depending upon the issue.
ARTICLE VI. 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 Appendix 30B.
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
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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. 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 either Party
for the provision of Covered Services.
5. In the event that there is harmful interference to a Satellite or an Earth Station licensed
by one of the Parties for the provision of Covered Services, notification shall be made to
the Administration responsible for licensing the interfering Satellite or Earth Station.
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.
6. 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.
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ARTICLE VII. MSS and Related Authorizations
1. The United States agrees to permit Satellites licensed by Mexico to provide domestic
and international Covered Services to, from, and within the United States. In order to
receive a License in the United States to transmit and/or receive Covered Service signals
via Satellites licensed by either Party (including Licenses or Blanket Licenses for
transmit/receive Earth Stations, as appropriate), entities must comply with applicable
United States laws, regulations, rules, and licensing procedures. Earth Stations licensed
by Mexico will be able to transmit Covered Services to, and receive Covered Services
from, Earth Stations licensed by the United States within the territory of the United
States once the Satellite(s) with which they are communicating, or the associated
Satellite Service Provider, has obtained the applicable License(s) to provide Covered
Services in the United States, subject to the conditions of such License(s).
2. Mexico agrees to permit Satellites licensed by the United States to provide domestic and
international Covered Services to, from, and within Mexico. In order to receive a
License in Mexico to transmit and/or receive Covered Service signals via Satellites
licensed by either Party (including Licenses or Blanket Licenses for transmit/receive
Earth Stations, as appropriate), entities must comply with applicable Mexican laws,
regulations, rules, other administrative provisions and licensing procedures. Earth
Stations licensed by the United States will be able to transmit Covered Services to, and
receive Covered Services from, Earth Stations licensed by Mexico within the territory
of Mexico once the Satellite(s) with which they are communicating, or the associated
Satellite Service Provider, has obtained the applicable License(s) to provide Covered
Services in Mexico, subject to the conditions of such License(s).
ARTICLE VIII. Entry Into Force. Amendment and Termination
1. This Protocol shall enter into force upon signature.
2. The Appendix to this Protocol may be amended by an exchange of letters between the
Administrations.
3. 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.
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4. Upon termination of this Protocol, an Administration may, at its discretion, terminate
any License or Blanket License issued pursuant to this Protocol.
IN WITNESS WHEREOF, the respective representatives have signed the present Protocol.
Done at Mexico City, this twenty-first day of December, 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: UNITED MEXICAN STATES:
Ambassador Vonya B. McCann Jorge Nicolin Fischer
U.S. Coordinator, International Subsecretario de Comunicaciones
Communications and Information Policy Secretaria de Comunicaciones y
Department of State Transportes
Javier Lozano Alarcon
Presidente
Telecomunicaciones
10
de la Comision Federal de
APPENDIX
1. The following frequency bands are referred to by Article IV of this Protocol:
MSS Below 1 GHZ
Uplink Frequencies Downlink Frequencies
148 - 150.05 MHz 137 - 138 MHz
399.95-400.05 MHz 400.15 - 401 MHz
MSS Above 1 GHz
Uplink Frequencies Downlink Frequencies
1610 - 1626.5 MHz 1613.8 - 1626.5 MHz
2483.5 - 2500 MHz
1990 - 2025 MHz 2165 - 2200 MHz
14 - 14.5 GHz No MSS allocation; 11.7-12.2 GHz is used
on a non-interference basis.
MSS Inter-Satellite Links
23-23.55 GHz
MSS Feeder Links
Uplink Frequencies Downlink Frequencies
5.091 - 5.250 GHz 6.700 - 7.075 GHz
12.750 - 13.250 GHz 10.700 - 10. 950 GHz
11.2 - 11.450 GHz
29.1-29.5 GHz 19.3-19.7 GHz
2. Consistent with Article V, Paragraphs 4 and 9 of this Protocol, the use of the frequency
bands listed in this Appendix must comply with the applicable United States and
Mexican laws, regulations, rules, other administrative provisions, licensing procedures,
the conditions set forth in this Protocol and the respective national frequency allocation
tables, and take into consideration the systems currently operating in these frequency
bands.
3. This Protocol does not address frequency bands not listed above.
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