Why the world radiocommunication conference continues to be relevant today.

• Author: Abernathy, Kathleen

1. INTRODUCTION 287 II. WHAT IS THE WRC? 288 III. WHY IS THE WRC RELEVANT TODAY? 291 A. Harmonization of Spectrum 291 B. Creating Technical and Operational Certainty 296 IV. CONCLUSION 298 I. INTRODUCTION

   The World Radiocommunication Conference ("WRC" or "Conference") is held every three to four years to ensure that on a global and regional basis the radiocommunications spectrum resource is used efficiently, that new radiocommunications services can be deployed, and that existing radiocommunications services are protected from harmful interference. At this year's Conference in Geneva, Switzerland, spectrum was allocated to further the deployment of many exciting uses of the radiocommunications spectrum, including wireless access ("wi-fi") services, (1) broadband wireless services on airplanes and ships, and additional data services over satellites.

   Despite the accomplishments of past WRCs, some have argued that the WRC process is outdated and slow, and that it should be phased out. While improvements certainly can be made to further streamline the WRC process, the WRC remains an integral part of the world's ability to use the radiocommunications spectrum resource as effisiently as possible and to ensure the deployment of new and innovative services to consumers. In particular, the WRC is extremely important in accomplishing two critical goals in managing the radiocommunications spectrum on a global basis. First, the WRC provides an international forum to maximize the global harmonization of the radiocommunications spectrum resource. Second, the WRC decision-making process creates technical and operational certainty for new and existing users. These two components often overlap. This article examines why these two critical functions, in addition to the traditional WRC functions of spectrum allocation and protection of existing radiocommunications services, ensure that the WRC process is essential for sound global spectrum management into the twenty-first century.

2. WHAT IS THE WRC?

   The WRC process is a tremendous undertaking to arrive at a consensus on a wide range of spectrum-related issues. Each WRC is attended by as many as 170 countries and must conclude in a four-week period of time. The WRC is one of the key activities of the International Telecommunications Union ("ITU"). The ITU is an international treaty-based organization that is affiliated with the United Nations. Its mission is to bring together the world's countries to coordinate global telecommunications networks and services. (2) The ITU is comprised of three sectors: the Radiocommunications Sector ("ITU-R"), (3) the Telecommunications Standardization Sector ("ITU-T"), (4) and the Telecommunications Development Sector ("ITU-D"). (5)

   WRCs are held under the auspices of the ITU-R. The main role of the ITU-R is to help manage the world's radio frequency spectrum and satellite orbits. A major part of this task is to administer the ITU's Radio Regulations, which is a treaty document that includes the International Table of Frequency Allocations and accompanying technical rules. As part of this process, WRCs are held every three to four years to examine and adopt appropriate changes to the Radio Regulations. Specifically, each Conference is able to (1) adopt changes that allocate spectrum for deployment of new services, (2) protect existing services from harmful interference, and (3) adopt accompanying technical rules. (6)

   Since not all spectrum-related issues can be addressed at each Conference, every WRC follows an established agenda which is finalized at the prior WRC. The agenda for upcoming Conferences is often one of the most controversial items discussed at the WRC. Member states often have very strong views on what items should be considered and what items should not be considered at each future Conference. This controversy stems from the fact that failure to have an issue addressed at an upcoming Conference may lead to the delay or inability to launch a new service or use that is important for a particular country or region. Similarly, by allowing the consideration of an issue on a WRC agenda, a country or region may be concerned about the potential for harmful interference of a new service with an existing service. In some cases, competitive concerns may also drive support for or against an item.

   Once the next WRC agenda is set and the WRC that adopted the agenda concludes, (7) member states work diligently to determine their own internal position on relevant agenda items and understand the position of other member states. After individual countries finalize their positions, they will often work within regional bodies and other organizations to obtain additional support from other countries. In addition, countries will actively advocate their positions within the ITU-R process itself, whether in a technical study group meeting or a conference preparatory meeting. While many countries, because of a lack of resources, may not be able to study the full breadth of issues in detail, they try to focus on issues of importance and gain support accordingly. Generally, because WRCs often make decisions based on consensus, the more support a member state or region can obtain beforehand, the greater its chance for success at the Conference. (8) In rare cases, the WRC may hold a vote with each Member State having one vote.

   The agreements reached at each Conference result in changes to the Radio Regulations. Although many of these changes become effective at the close of the Conference, for them to be truly effective, each country must implement these changes in accordance with their own domestic process. Even though there is no enforcement mechanism contained in the treaty for countries who do not abide by the Radio Regulations, the principle of comity and substantial international pressure generally lead to compliance. (9)

3. WHY IS THE WRC RELEVANT TODAY?

   The WRC is very important to the success of managing the global spectrum resource because it is the sole forum in which countries are able to set international parameters on how to most efficiently utilize the radiocommunications spectrum and the orbital resource. Specifically, the WRC provides an avenue for countries to ensure that spectrum usage is harmonized to the greatest extent practicable across the globe. In addition, the outcomes of WRCs, and the associated process for reaching decisions, result in operational and technical certainty for existing services. As discussed below, both harmonization and certainty are critical to encouraging new uses in the spectrum, while ensuring that existing uses are protected from harmful interference. In addition, the WRC process generally endeavors to...