Regionale Overeenkomst van de Europese omroepregio betreffende het gebruik van frequenties voor de (analoge) omroep in de VHF en UHF banden

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  For the purposes of the present Agreement, the following terms shall have the meanings defined below:

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  Agreement: The whole of the present Agreement and its Annexes.

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  Plans: The plans forming Annex 2 to the Agreement.

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  European Broadcasting Area: The geographical area defined in No. 133 of the Radio Regulations, Geneva, 1959.

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  Radio Regulations: The Radio Regulations, Geneva, 1959.

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  Union: The International Telecommunication Union.

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  The Secretary-General: The Secretary-General of the International Telecommunication Union.

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  I.F.R.B.: The International Frequency Registration Board.

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  Contracting Administration: Any Administration which has approved or acceded to the Agreement.

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  Regional Agreement (1984): The agreement relating to the use of the band 87.5-108 MHz for FM sound broadcasting (Region 1 and part of Region 3) adopted by the Regional Administrative Conference (Geneva, 1984).

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  1   The Contracting Administrations shall adopt for their broadcasting stations operating in the bands referred to in the Agreement, the characteristics specified in the Plans.

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  2   The Contracting Administrations shall not change the characteristics specified in the Plans, or establish new stations, except under the conditions provided for in Article 4 of the present Agreement.

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  3   The Contracting Administrations shall endeavour to agree on the action required to reduce any harmful interference caused by the application of the Agreement.

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  4   Should agreement, as envisaged in paragraph 3 above, prove impossible, the dissenting Administrations may resort to the procedure laid down in Article 15 of the Radio Regulations, and if necessary, to that laid down in Article 27 of the International Telecommunication Convention, Geneva, 1959.

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  1   Stations in the frequency bands between 41 and 230 Mc/s having maximum effective radiated powers of less than 1 kW, and stations in the frequency bands between 470 and 960 Mc/s having maximum effective radiated powers of less than 10 kW do not appear in the Plans.

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  2   Such stations shall however have the same status as stations shown in the Plans provided:

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  a) that they were established in accordance with the provisions of the European Broadcasting Agreement, Stockholm, 1952;

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  b) or that they are established in accordance with the provisions of the present Agreement.

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  In the event of harmful interference between the stations referred to in a) above and those appearing in the Plans, the Contracting Administrations concerned shall reach mutual agreement as to the steps necessary to obviate such interference.

1   Procedure in the Frequency Bands 41-68 Mc/s, 87.5-100 Mc/s, 174-216 Mc/s, 470-582 Mc/s and 606-790 Mc/s

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  1.1   When a Contracting Administration proposes to change the characteristics of a broadcasting station shown in the Plans or brought into operation in accordance with the provisions of the present Agreement, or proposes to put into operation a broadcasting station not appearing in the Plans, the following action shall be taken:

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  1.1.1   If the distances from the station under consideration to the nearest points of the boundaries of other countries, the Administrations of which are Contracting Administrations, are less than the limits corresponding to the proposed power of the station and other characteristics specified in Annex 1, the Administrations of those countries shall be consulted by registered post.

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  1.1.2   In effecting this consultation the Administration proposing the change shall furnish all the information specified in Appendix 1, Section A, of the Radio Regulations, together with the effective height of the antenna as defined in Annex 2 to the Agreement, its directional characteristics and the polarization of radiation. The Administrations that are being consulted may request any other information they need to assess the probability of harmful interference to their own services.

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  1.2A   When the change concerns a station in the band 87.5-100 MHz, consultations shall also be carried out with an administration whose assignment in conformity with the Regional Agreement (1984) is considered affected by the proposed change. For this purpose the criteria of Annex 2 to the Regional Agreement (1984), as well as the coordination distances given in Chapter 1 of Annex 4 to that Agreement, shall be applied.

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  1.1.3   If agreement is reached between the Administrations concerned, the Administration proposing the change may proceed with its project. Administrations which have been consulted and have not replied within ten weeks following the date of registration of the consultation letter in the post of the country of origin shall be reminded by urgent telegram. Administrations which have not replied within two weeks following the despatch of the urgent telegram shall be considered to have agreed to the proposed change.

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  1.1.4   If no agreement is reached between the Administrations concerned, the I.F.R.B. shall make any technical examination that may be requested by the Administration proposing the change, or by Administrations whose services may be affected by the proposed change, and shall inform them of the results of such examination.

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  1.2   The Administration proposing the change may proceed with its project without consulting other Administrations if:

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  a)   the proposed modification relates to a reduction in power or to other changes of technical characteristics which would reduce the probability of harmful interference to services of other countries,

  or

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  b)   the distances from the station under consideration to the nearest points of the boundaries of other countries, the Administrations of which are Contracting Administrations, are equal to or greater than the limits corresponding to the proposed power of the station and other characteristics specified in Annex 1.

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  1.3   In the cases referred to in sub-paragraph 1.1.3 and paragraph 1.2 above, the Administration proposing the change shall inform the I.F.R.B. of the particulars specified in sub-paragraph 1.1.2 above and, where appropriate, of the names of the countries consulted.

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  1.4   The IFRB shall publish the information in a special section of its weekly circular, specifying either that the proposed change is the result of consultation carried out under the provisions of sub-paragraphs 1.1.1, 1.1.2, 1.1.2A and 1.1.3 above, or that it is being effected under the provisions of paragraph 1.2 above.

2   Procedures in the Frequency Bands 162-174 Mc/s, 216-230 Mc/s, 582-606 Mc/s and 790-960 Mc/s

2.1   Procedure for Broadcasting Stations

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  2.1.1   Any Contracting Administration proposing to change the technical characteristics of any of its broadcasting stations appearing in the Plans or to operate broadcasting stations not appearing in the Plans, shall first inform the I.F.R.B., furnishing the technical information specified in sub-paragraph 1.1.2 above.

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  2.1.2   The I.F.R.B. shall publish this information in a special section of its weekly circular, indicating that comments on such information should be sent directly to the Administration originating the proposal.

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  2.1.3   Such comments must be received by the Administration originating the proposal within the twelve weeks following the date of the weekly circular in question. Administrations which have not furnished such comments within this period shall be considered to have agreed to the proposed change.

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  2.1.4   If no comments have been received at the expiry of the period of twelve weeks referred to in subparagraph 2.1.3 above, or if agreement has been reached with the Administrations making these comments, the Administration proposing the change may proceed with its project, and shall inform the I.F.R.B. in the manner specified in paragraph 1.3 above.

2.2   Procedure for Stations of Services other than Broadcasting

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  For stations of services other than broadcasting, the provisions of the Radio Regulations shall apply, taking into account the categories of service and allocations specified in Article 5 thereof. Contracting Administrations proposing to change the technical characteristics of such stations or to establish new stations of such services shall take into account the broadcasting stations appearing in the Plans or brought into use in accordance with this Agreement and shall do so after reaching mutual agreement with the Administrations that may be concerned.

3   Procedure common to all Frequency Bands

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  3.1   The Secretary-General shall be informed by the I.F.R.B. of all changes made in the Plans in application of the provisions of Sections 1 and 2 above.

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  3.2   If a change, although made in accordance with the provisions of Sections 1 and 2 above, causes harmful interference to services of other Contracting Administrations, the Administration which has made the change shall take the requisite action to eliminate such interference.

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  3.2A   if a change, although made in accordance with the provisions of Section 1 above, causes harmful interference to an assignment in conformity with the Regional Agreement (1984), the administration which has made the change shall take the requisite action to eliminate such interference.

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  3.3   If, after application of the procedure defined in, sub-paragraphs 1.1.1, 1.1.2 and 1.1.3 on the one hand, and paragraphs 2.1 and 2.2 on the other hand, no agreement has been reached between the Administrations concerned, recourse may be had to the procedures defined in Article 15 of the Radio Regulations, or in Article 27 of the International Telecommunication Convention, Geneva, 1959, as the case may be.

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  Whenever an assignment in conformity with the Plans or for which the procedure prescribed in Article 4 of the present Agreement has been applied, is put into service, the Administration concerned shall notify this assignment to the I.F.R.B. in accordance with the provisions of Article 9 of the Radio Regulations.

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  1   The Administration of any Member of the Union in the European Broadcasting Area which has not signed this Agreement may accede thereto at any time. Such accession shall be made without reservation. The Secretary-General shall be notified thereof, and he shall inform the other Members of the Union in the European Broadcasting Area.

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  2   Accession shall take effect on the date the notification of accession is received by the Secretary-General.

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  1   Any Contracting Administration shall have the right at any time to terminate its participation in the Agreement by a communication sent to the Secretary-General, who shall inform the other Members of the Union in the European Broadcasting Area.

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  2   Such termination of participation shall take effect after a period of one year from the date of receipt, by the Secretary-General, of the said communication.

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  No revision of the Agreement shall be undertaken except by an Administrative Conference of the Members of the Union in the European Broadcasting Area, convened in accordance with the procedure laid down in the International Telecommunication Convention.

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  The Agreement shall enter into force on 1 September, 1962.

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  The present Agreement shall abrogate and replace the European Broadcasting Agreement, Stockholm, 1952, and the Plans annexed thereto.

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  1   The present Agreement shall bind Contracting Administrations in their relations with one another but does not bind those Administrations with non-Contracting Administrations.

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  2   If an Administration makes reservations with regard to any provision of the present Agreement, other Administrations shall be free to disregard the said provision in their relations with the Administration which has made such reservations.

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  Administrations shall notify their approval of this Agreement, as promptly as possible, to the Secretary-General who shall at once inform the other Members of the Union in the European Broadcasting Area.