Guidelines for Harmonized Licensing of NON-GSO GMPCS Systems

This article addresses a need throughout CITEL member Administrations for guidance on a harmonized set of guidelines to facilitate the implementation of the Memorandum of Understanding (MOU) on GMPCS. Arrangements pursuant to the GMPCS were issued in June 2003. The objective of these Arrangements was to provide a framework for the introduction of GMPCS. The framework covers many important topics but does not address specific regulatory measures for implementing the GMPCS arrangements.

At the III Meeting of PCC.II, CITEL considered an input on this topic entitled “Framework For Guidelines on Harmonized Licensing on GMPCS systems”. It stated in part that “today, licensing procedures and policies are not uniform or consistent between countries or regions, and they do not always provide consistent and certain regulatory conditions.”

The IVth Meeting of PCC.II, Buenos Aires, December 2004, adopted a Decision on Guidelines For Harmonized Licensing of NON-GSO GMPCS Systems. This Decision established a sub-group of the Working Group Relative to Satellite Systems to Provide Fixed and Mobile Servicesto develop general guidelines for the licensing of GMPCS services”. The Annex to the Decision contains a list of topics which are to be addressed by this group

1. To specify the concept of GMPCS;

2. To indicate characteristics of systems that are operating such as band, coverage, status of notifications, countries where they have authorization to operate, services to be provided, etc;

3. Common recommended procedures for licensing, such as, requirements, rights and obligations, etc;

4. The licenses of GMPCS Satellite Systems issued in all ITU member countries including those of CITEL;

5. The local legal corporate presence of a GMPCS provider/operator for System licensing purposes;

6. The promotion of competition through multiple service providers within the regulations of each member;

7. Provision for the licensing of GMPCS terminals through blanket, block, or class licenses;

8. To analyze the possibility for licensing and use by GMPCS systems using the spectrum allocations identified in the ITU Radio Regulations for Mobile Satellite Services (MSS), 1610-1626.5 MHz, and 2483.5-2500MHz, taking into account of other services in the bands;

9. Proceedings for homologation of GMPCS terminals and the circulation of such units, taking into account the CITEL MRA.

2. Background

The GMPCS MOU was agreed in Geneva, 7-8 June 2003. This MOU set forth Arrangements to provide a “framework” for:

1. Facilitation of mutual recognition of type Approvals of GMPCS terminals;
2. Simplified licensing of GMPCS terminals;
3. A Method of identification (marking) of GMPCS terminals;
4. Access to traffic data by authorized national authorities.

The Arrangements also include a set of General Provisions. Those related to the work of the Sub-group include:

• A variety of GMPCS Systems are already in service for a number of years and some are at different stages of development and implementation.

• GMPCS Systems are typically characterized by the use of system-specific GMPCS Terminals, manufactured by GMPCS Terminal Manufacturers and are designed to operate with specific GMPCS Systems.

• The use of the spectrum, assigned by Administrations and/or Competent Authorities for GMPCS Terminals used with GMPCS Systems, should be in accordance with the allocations of the ITU Radio Regulations and relevant Resolutions.

• It is desirable for Administrations and/or Competent Authorities to continue to strive for a single procedure for Type Approval.

• The exemption of GMPCS Terminals from a requirement for an individual license facilitates regional and global circulation and transborder roaming.

• The GMPCS system operator encompasses several distinct functions. Together the space segment, the gateway segment, and the services distribution functions comprise the complete GMPCS System. Depending on specific GMPCS system and the region in question, these functions may be provided by a single entity or various combinations of separate entities.

• GMPCS System Operators and GMPCS Service Providers are subject to the national laws and regulations in each country in which GMPCS Services are being provided.

Below are discussions regarding some particular aspects of GMPCS licensing .

3. Frequencies

As the General Provisions for GMPCS indicate the spectrum used by non-GSO MSS systems should “be assigned for use by Administrations in the relevant spectrum in the Mobile Satellite Service (MSS) allocated bands 1610-1626.5 MHz (Earth-to-space, space-to-Earth) and 2483.5-2500 MHz (space-to-Earth).

The services and radio regulations that apply to these bands may be found in Attachment 1. In the CITEL region of the world it is desirable, that to the extent possible that there be harmonized services in the spectrum allocations.

4. Licensing/Service Provider

The specific provisions of the GMPCS MOU include the following:

• Administrations may issue blanket or class license for GMPCS terminals or may exempt the GMPCS terminals from individual licensees;

• The GMPCS service should be authorized pursuant to national laws and/or regulations;

• The transmissions are under the operational control of the GMPCS System Operator and/or Service Provider;

• Administrations are recommended to allow the circulation and use of GMPCS terminals provided they have been demonstrated to meet the essential requirements in the Arrangements.

The above conditions are essential for the effective implementation of GMPCS terminals.

Further, conditions which need to be addressed in developing guidelines for harmonized licensing include:

1. The eligibility of the applicant to hold a license with the regulatory framework of the administration concerned;

2. The availability of lawful intercept capabilities;

3. Provision of an appropriate set of information regarding ownership when there is a change in the license.

Administrations also authorize service providers to provide GMPCS services in their country. This authorization may be by license, by agreement, by registration, or by other process that permits the service provider to provide GMPCS services to subscribers within the country and to persons roaming into the country temporarily. There should be no conditions that require service providers to locate gateway earth stations in country.

Generally service provision authorizations are issued to companies that have reached an agreement with the GMPCS system operator by which they agree to provide the GMPCS services in that country directly to the public. This authorization allows the Service Provider to deliver GMPCS services, according to the country’s policies and requirements, and to collect fees from users in that country. There should be no limit to the number of Service Providers authorized within a country, as long as the applicants have been duly authorized to provide GMPCS services by the respective GMPCS system operator.

Guidelines for licensing of service providers should be focused on whether pre-existing agreements are still legally valid and enforceable or whether new agreements between the new or restructured owner require a new service provision license or authorization. Any required licensing processes should be designed to elicit the new or changed information. Unless there has also been a major change in technical information or operations involving the local provision of services, there is no need for an Administration to re-examine the technical specifications of the GMPCS system when considering the authorization of a GMPCS service provider.

5. Equipment to be Used

Administrations may also impose other conditions that must be fulfilled before GMPCS terminals will be exempted from a license requirement or before they may be marketed or sold within a country. Such conditions may include:

• type approval of the terminals to an agreed standard, marked with a certification mark, as appropriate;
• compliance with frequency use as set by the Administration;
• authorization of the service with which the terminal operates;
• protection of other services from harmful interference.

Pursuant to the GMPCS Arrangements, GMPCS terminal manufacturers may obtain the right to affix the “GMPCS-MoU ITU Registry” mark to their GMPCS terminals so that they can be easily identified as terminals that meet the requirements of the Arrangements. CITEL member countries should permit terminals that bear this mark to be freely carried into their country, whether or not the GMPCS system that has authorized the terminal is licensed in their country.

6. Guidelines on Harmonized Licensing

As the above discussion indicates the group created by the decision has much work ahead. The unique capabilities of GMPCS systems to address rural connectivity and emergency preparedness make it essential to develop harmonized procedures that facilitate regional deployment in the Americas. The eventual adoption of recommended harmonized systems will bring significant benefits for Citel member countries. Global satellite voice and data systems deliver essential communications services to and from remote areas where no other form of communication is available. These systems are ideally suited for emergency/humanitarian services, mining, forestry, oil and gas, heavy construction, maritime, aviation, and government/military organizations.

Don Jansky
Subgroup to develop
general guidelines for  the
licensing of GMPCS services