relevant ITU determinations. Leive has identified these stages: The first stage is similar to a domestic legislature's passage of a law dividing a natural resource into different categories and providing that potential users file their claims within the proper categories; the second stage is comparable to the filing of claims (frequency assignments) by individual users (countries) with a domestic administrative agency (the Board). Unlike such agencies, however, the Board possesses only limited powers to review claims or to ensure compliance with the law J For the ITU to be useful in dealing with radio frequencies two things are required. First, it is necessary to be clear as to the aggregate of its powers and functions. Second, it must serve as a catalyst to bring out the clearest possible recognition on the part of its members that their well-being in the world of communications depends on community- oriented perspectives. This is because the Board does not have the authority to distribute or to withhold frequencies. Each member is allowed to make its own frequency assignments. The member can also insist that its unilaterally identified assignment be recorded in the Master Register. Thus, the ITU serves as an agent-like broker or negotiator on behalf of its client members. It is able to record the assignments made by States. On behalf of its members it can make allocations and seek to secure conformity therein. But, in the absence of good will and a sense of community on the part of its members, the effective mandate of the ITU is quite limited. 2.5 The Issue of Priority of Rights to Radio Frequencies All of the foregoing has direct relevance to space telecommunications. Among the functions given to the ITU in the 1973 Convention is the Ibid., p. 20.
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