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Agreement between the Government of Canada 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 Canada and the Argentine Republic [2000] CATSer 18 (17 October 2000)

E103684 - CTS 2000 No. 27

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA 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 CANADA AND THE ARGENTINE REPUBLIC

THE GOVERNMENT OF CANADA and THE GOVERNMENT OF THE ARGENTINE REPUBLIC, hereinafter referred to as the "Parties";

RECOGNIZING the sovereign right of both Parties to manage and regulate their satellite communications;

CONSCIOUS of the mutual benefit to be derived from the establishment of an agreement concerning access to the satellite facilities and services markets in each country in accordance with their respective domestic laws and regulations, and international commitments;

TAKING INTO ACCOUNT the provisions of Article 42 of the Constitution of the International Telecommunication Union (ITU), Geneva, 1992 as amended, concerning "Special Arrangements";

IN ACCORDANCE WITH the provisions of Article S9 of the Radio Regulations of the International Telecommunications Union ("ITU Radio Regulations")

IN ORDER TO ESTABLISH the conditions for the provision of commercial satellite services and for the transmission and reception of signals to and from satellites for the provision of commercial satellite facilities and services to users in Canada and Argentina;

HAVE AGREED as follows:

ARTICLE I

Purpose and Scope

The purposes of this Agreement are:

1. To facilitate the provision of services to, from and within Canada and Argentina via commercial satellites licensed by either Party and coordinated pursuant to ITU Radio Regulations, and

2. To establish the conditions relating to the use in both countries of satellites licensed by Canada and by Argentina.

The Parties agree that:

3. The provisions of this Agreement are without prejudice to the rights and obligations of Canada and of Argentina under the Constitution and Convention of the ITU (Geneva, 1992) and its Radio Regulations, and the General Agreement on Trade in Services (GATS) of the World Trade Organization, in particular the Fourth Protocol on Basic Telecommunication Services,

4. This Agreement applies, on a reciprocal basis, to the use within the territory of both countries of Satellites licensed by Canada and Satellites licensed by Argentina.

5. This Agreement and annexed Protocols do not apply to the Satellite Services, provided through Satellites discussed in Article I (4), that are regulated pursuant to the Broadcasting Act of Canada, where such services are intended for direct reception by the public, and pursuant to the Ley Federal de Radiodifusion No. 22.285 of Argentina.

6. Protocols, consistent with this Agreement, shall be established to address various Satellite Services. Such Protocols will be annexed to this Agreement and shall form an integral part of it.

ARTICLE II

Definitions

As used in this Agreement and annexed Protocols, it is understood that:

1. "Bilateral Reciprocity Agreement" means the Agreement entered into herein.

2. "Blanket Licence" means an authorization from a Party or its Administration, as appropriate, for an indeterminate number of technically identical Earth Stations for a specific Satellite Service.

3. "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 communications 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.

4. "Licence" means the concession, authorization, or permit granted to a Person by a Party or its Administration, as appropriate, which confers the authority to operate a Satellite, Earth Station or Satellite Network, to provide Satellite Services.

5. "Person" means a natural or legal person.

6. "Protocol" shall have the meaning set forth in Article IV(2).

7. "Satellite" means a Space Station providing the facilities for commercial communication services, which is licensed by a Party or one of its Administrations, as appropriate, and whose technical characteristics and operation are coordinated and implemented pursuant to the ITU Radio Regulations by the same Party or its Administration, as appropriate.

8. "Satellite Network" means a Satellite System or part of a Satellite System, consisting of only one Satellite and the cooperating Earth Stations.

9. "Satellite Operator" or "Satellite Facilities Provider" means the Person licensed by a Party to operate a Space Station to provide Satellite Transmission Capacity or Satellite Facilities, as appropriate.

10. "Satellite Service" means any radiocommunication service involving the use of one or more Satellites.

11. "Satellite Service Provider" means a Person licensed by a Party, to provide Satellite Services within its territory, territorial waters or national airspace.

12. "Satellite System" means a space system using one or more Satellites.

13. "Satellite Transmission Capacity" or "Satellite Facilities" means the resources of the Satellite which are able to be used in the provision of Satellite Services.

14. "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.

ARTICLE III

Implementing Entities

1. The entities responsible for implementing this Agreement, herein referred to as the Authorities, shall be, for Canada, Industry Canada and for Argentina, the Secretaria de Comunicaciones.

2. Authorities may designate one or more entities, herein referred to as Administrations, to be responsible for implementing the Protocols, which are or shall be included in the Annex to this Agreement. In those cases where an Authority designates more than one Administration, it shall establish only one Administration to be responsible for coordination with the Administration of the other Party.

ARTICLE IV

Conditions of Use

1. Canada and Argentina each have laws, regulations, policies and procedures that govern entities that provide Satellite Services to, from and within their respective territories. The Parties have analysed 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 both countries, and to establish the respective Protocols to this Agreement in order to address particular kinds of Satellite Services.

Therefore, pursuant to this Agreement and subject to the limitations of Article I(3), Article I(4) and Article I(5):

1.1 Argentine Satellites shall be permitted to provide service to, from and within Canada, in conformance with applicable provisions of Canadian laws, regulations, policies and procedures.

1.2 Canadian Satellites shall be permitted to provide service to, from and within Argentina, in conformance with applicable provisions of Argentine laws, regulations, policies and procedures.

2. The conditions for the transmission and reception of signals from Satellites licensed by each Party or Administration shall comply with national laws, regulations, policies and procedures, as amended from time to time, and shall be as agreed in the annexed Protocols, which shall form an integral part of this Agreement. The annexed Protocols will render this Agreement operational for each particular service, as described in each Protocol.

3. For the objectives of this Agreement, the Parties agree that the Argentine or Canadian entities that are licenced by Argentina or Canada to 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. In order to provide the Satellite Services described in the annexed Protocols, a Party shall not require a Satellite Operator or Satellite Facilities Provider to obtain an additional Licence for either the construction or operation of a Satellite which has been licensed by the other Party, or for the provision of satellite facilities through that satellite. The authorization of Satellite Facilities Providers pursuant to Argentine regulations shall not be considered an additional Licence for the purposes of this provision. The submission of legal and technical data required in Argentina to obtain such authorization will have the purpose of establishing a registry of Satellite Facilities Providers.

4.1 Licensees of Earth Stations and Satellite Service Providers must comply with national laws, regulations, policies and procedures, as amended from time to time.

5. Each Party shall apply its laws, regulations, policies, and procedures in a transparent and non-discriminatory manner to the Satellites licensed by either Party, and to all entities who apply for a Licence to transmit and/or receive signals, including Licences to own and operate Earth Stations, via Satellites licensed by either Party.

ARTICLE V

ITU Frequency Coordination

1. The ITU Radio Regulations are the basis for the frequency coordination of Satellite Networks and Systems.

2. In any case, after a Party has initiated the required coordination procedures pursuant to the ITU Radio Regulations, the Parties shall, in good faith, undertake to effect the coordination of the concerned Satellites in a timely, cooperative and mutually acceptable manner.

3. The Parties agree that the technical coordination procedures shall be carried out for purposes of effectuating the most efficient use of the satellite orbits and the associated frequencies for satellite 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

Foreign ownership restrictions on Earth Stations and Satellite Service Providers operating within the territory of a Party are defined by the laws, regulations, policies and procedures of each Party. For Canada, foreign ownership restrictions and provisions are contained in the Telecommunications Act, the Radiocommunication Act, the Broadcasting Act, the Investment Canada Act and their subordinate Regulations, as amended from time to time. For Argentina, foreign ownership rules are, at present, contained in Law 21,382 (Texto Ordenado 1993) and Decreto 1,853/93, and other Argentine laws and regulations.

ARTICLE VII

Essential Security Exception

This Agreement and its Protocols 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 fulfilment 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 order to ensure the enforcement of their respective laws, regulations, policies and procedures related to the provisions of this Agreement and the annexed Protocols.

ARTICLE IX

Amendment of the Agreement and Protocols

1. This Agreement may be amended by written 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 Protocols may be amended by written agreement of the Administrations. As well, additional Protocols may be concluded and annexed to this Agreement. Such amendments and additional Protocols shall enter into force upon the date of signing and shall be included in the Annex to this Agreement by the Parties.

ARTICLE X

Entry into Force and Duration

1. This Agreement shall enter into force on the date of signature.

2. This 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.

ARTICLE XI

Termination of the Agreement and Protocols

1. 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. Any of the Protocols 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. 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. Upon termination, the Annex to this Agreement shall be appropriately modified by the Parties.

IN WITNESS WHEREOF, the undersigned, duly authorised to that effect, have signed the present Agreement.

DONE in duplicate at Buenos Aires, the 17th day of October 2000, in the English, French and Spanish languages, all texts being equally authentic.

Jean-Paul Hubert

FOR THE GOVERNMENT OF CANADA

Henoch Aguiar

FOR THE GOVERNMENT OF THE ARGENTINE REPUBLIC

PROTOCOL CONCERNING THE TRANSMISSION AND RECEPTION OF SIGNALS FROM SATELLITES FOR THE PROVISION OF FIXED-SATELLITE SERVICES IN CANADA AND THE ARGENTINE REPUBLIC

Recognizing the long standing bonds of friendship and co-operation between the Governments of Canada and the Argentine Republic;

Pursuant to the Agreement Between the Government of Canada 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 Canada and the Argentine Republic, signed at ____________, the ___ day of _________ 2000, (herein referred to as the "Agreement");

Recognizing the sovereign right of countries to regulate their telecommunications, including the use and operation of the radio spectrum within their territory;

Emphasizing that there has been a long standing and successful bilateral relationship of both countries through the International Telecommunication Union (ITU), and that both Parties will apply these same positive efforts and expertise in the future coordination of Satellites licensed by the Government of Canada (herein referred to as "Canada") and by the Government of the Argentine Republic (herein referred to as "Argentina"), which are subject to this Protocol;

Recognizing the enhanced opportunities for the provision of Satellite Services in Canada and in Argentina arising from the World Trade Organization General Agreement on Trade in Services, the growing needs of the Satellite communications industries, and the public interest in the development of these services; and

In order to establish the conditions for the transmission and reception of signals from Satellites for the provision of domestic and international Fixed-Satellite Services, as defined herein, to users in Canada and in Argentina,

The Government of Canada and the Government of the Argentine Republic (the "Parties") agree as follows:

ARTICLE I

Purposes

1. The purposes of this Protocol are:

1.1 To establish conditions and technical criteria for the use of Canadian and Argentine licensed Satellites and Earth Stations for the provision of Fixed-Satellite Services, as defined herein, to, from, and within the territories of the Parties.

1.2 To facilitate the provision of Fixed-Satellite Services covered by this Protocol to, from, and within Canada and Argentina via Satellites licensed by either Party.

ARTICLE II

Scope

1. The provisions of this Protocol are without prejudice to the rights and obligations of Canada and Argentina under the Constitution and Convention of the ITU (Geneva, 1992) and its Radio Regulations and the General Agreement on Trade in Services (GATS) of the World Trade Organization, in particular the Fourth Protocol on Basic Telecommunication Services.

2. This Protocol applies, on a reciprocal basis, to the use within the territory of both countries of Satellites licensed by Canada and Satellites licensed by Argentina.

3. This Protocol does not apply to the Satellite Services, provided through Satellites discussed in Article I(1), that are regulated pursuant to the Broadcasting Act of Canada, where such services are intended for direct reception by the public, and pursuant to the Ley Federal de Radiodifusion No 22.285 of Argentina.

ARTICLE III

Definitions

1. The terms defined in the Agreement are applicable to this Protocol. In addition, for the purposes of this Protocol:

1.1 "Fixed-Satellite Services" ("FSS") means 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;

1.2 FSS include feeder links and other radiocommunication signals in direct support of signals of Article III (1.1);

1.3 FSS include, but is not limited to, signals carrying video or video/audio distributed to cable television head-end and multipoint distribution service facilities;

1.4 The terms Advanced Published and Coordination shall have the meanings given to such terms in the ITU Radio Regulations.

ARTICLE IV

Implementing Entities

1. As provided for in Article III (2) of the Agreement, the Administrations responsible for implementing this Protocol shall be:

1. For Canada, the Department of Industry; and

2. For Argentina, Secretaria de Comunicaciones.

ARTICLE V

Fixed-Satellite Service Frequencies

1. This Protocol applies solely to Fixed-Satellite Services using the frequency bands typically paired as set forth in the appendix to this Protocol (the "Appendix").

2. The use of the frequency bands set forth in the Appendix must comply with the applicable Canadian and Argentine laws, regulations, policies, and procedures, conditions set forth in this Protocol, and the respective national frequency allocation tables. In specific geographic areas, coordination involving specific systems currently operating in these frequency bands will be necessary.

3. This Protocol does not apply to frequency bands not listed in the Appendix.

ARTICLE VI

Conditions of Use

1. Licences for FSS shall be issued as efficiently and expeditiously as possible by the Administrations for transmit and/or receive Earth Stations (including Blanket Licences for transmit and/or receive Earth Stations and any other applicable Licence for the provision of Satellite Services).

2. Each Party shall apply its domestic laws, regulations, policies, and procedures in a transparent and non-discriminatory manner to the Satellites licensed by either Party, and to all applications for a Licence to transmit and/or receive FSS signals, including licences for transmit/receive and receive-only Earth Stations, via Satellites licensed by either Party.

3. Non-conformance to the applicable laws, regulations, policies, and procedures of a Party may result in loss of the Licence granted by that Party.

4. The principal laws, regulations, policies, and procedures of the Parties, which are applicable to this Protocol, are indicated below:

4.1 For Canada, the laws, regulations, policies, and procedures for the grant of Licences in Canada to transmit or receive FSS signals via Satellites licensed by either Party, include the Industry Canada Act, the Radiocommunication Act, the Telecommunications Act, the Broadcasting Act, their subordinate regulations and related policies, as amended from time to time, related to this service.

4.2 For Argentina, the laws, regulations, policies, and procedures are the Ley de Telecomunicaciones No. 19.798, the Ley Federal de Radiodifusion No. 22.285, Decrees 62/90, 264/98 and 465/2000, Resolucion No. 1913/95 of the former Comision Nacional de Telecomunicaciones (CNT), and Resolucion No. 3609/99 of the Secretaria de Comunicaciones, as amended from time to time, related to these services.

4.3 The Administrations will exchange the most up-to-date official texts of national laws, regulations, policies, and procedures related to FSS at the time of signature of this Protocol, and on June 1 of every year thereafter.

5. Nothing in this Protocol shall be construed to permit interim or permanent limits on the number of:

5.1 FSS 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 Licence in Canada to transmit and/or receive FSS signals via Satellites licensed by either Party; and

5.3 Entities granted a Licence in Argentina to transmit and/or receive FSS signals via Satellites licensed by either Party.

5.4 Earth Stations which may transmit and/or receive FSS signals to, from, and/or within the territory of either Party via Satellites licenced by either Party.

6. Each Administration shall permit FSS signals to be delivered directly to Earth Stations through Satellites licensed by either Party without requiring that they be retransmitted over an intermediary Satellite System, or through an intermediary Earth Station.

7. The Parties will apply their respective laws, regulations, policies, and procedures governing the distribution of signals for the provision of cable television service and multipoint distribution service.

8. 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, policies, and procedures, applied in a non-discriminatory and transparent manner, regardless of which Party licensed the relevant Satellite.

ARTICLE VII

Technical Coordination Procedures

1. Nothing in this Protocol shall affect the rights and obligations of a Party to frequency assignments and associated orbital positions already assigned to it in accordance with the ITU Radio Regulations, including Appendices S30, S30A, and S30B.

2. Nothing in this Protocol shall affect the rights and obligations of a Party regarding the technical coordination of frequencies and associated orbital 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 in the Advance Publication or Coordination stage 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 orbital 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 either Party for the provision of 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 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.

ARTICLE VIII

FSS and Related Authorizations

1. Canada agrees to permit Satellites licensed by Argentina to provide FSS signals to, from, and within Canada, subject to compliance with the conditions set forth in Article IV (1.1) of the Agreement. In order to receive a Licence in Canada to transmit and/or receive FSS signals via Satellites licensed by either Party (including Licences for Canadian transmit/receive and receive-only Earth Stations communicating with such Satellites), entities must comply with applicable Canadian laws, regulations, policies, and procedures.

2. Argentina agrees to permit Satellites licensed by Canada to provide FSS signals to, from, and within Argentina, subject to compliance with the conditions set forth in Article IV (1.2) of the Agreement. In order to receive a Licence in Argentina to transmit and/or receive FSS signals via Satellites licensed by either Party (including Licences for Argentine transmit/receive and receive-only Earth Stations communicating with such Satellites), entities must comply with applicable Argentine laws, regulations, policies and procedures.

ARTICLE IX

Entry into Force, Amendment and Termination

1. This Protocol shall enter into force upon signature by both Parties 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. Notwithstanding Article IX (1), this Protocol may, by mutual agreement of the Parties, be replaced by a new Protocol, or it may be terminated in accordance with Article XI of the Agreement.

4. Termination of this Protocol shall enter into effect six months after receipt of notification.

5. Upon termination of this Protocol, an Administration may, at its discretion, terminate any Licence issued pursuant to this Protocol.

IN WITNESS WHEREOF, the respective representatives have signed the present Protocol.

DONE in duplicate at Buenos Aires, the 17th day of October 2000 in the English, French and Spanish languages, all texts being equally authentic.

Jean-Paul Hubert

FOR THE GOVERNMENT OF CANADA

Henoch Aguiar

FOR THE GOVERNMENT OF THE ARGENTINE REPUBLIC

APPENDIX

1. The following FSS frequency bands are referred to by Article V of this Protocol:

2. Consistent with Article VI, Paragraph 4 of this Protocol, the use of the frequency bands listed above, in the territory of a Party, must comply with the applicable Canadian and Argentine laws, regulations, policies, and procedures, 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 and any applicable international agreements of the Parties.

3. This Protocol does not apply to frequency bands not listed above.