SPS International Agreements - Detailed

wholly at the discretion of the registrant. The registrant would be able to assert that a future use was contemplated. But, if first registration, or use, provides no basis for a claim of preference, priority, or exclusivity, then the "deadwood" situation could allow the Board to register the frequency for use by a different State. To encourage the equitable and efficient use of radio frequencies the 1971 WARC ST fixed means to penalize "deadwood" stations no longer in use. However, the holder of the "deadwood" registration would have to be amenable to the imposition of the restraints. It has been noted that "such 'deadwood1 cannot be removed from the Master Register without the consent of the government concerned.To reduce the possibility of harmful interference the IFRB would need to possess the power to remove "deadwood" frequencies from the Master Register when such frequencies were not used. Pending such a development when an interference dispute arises involving such registrations "the new users are often preempted by priority given to the earlier user." Following the 1971 WARC ST and Resolution No. Spa2-1 representatives of the ITU have called attention to paragraph one which provides that "the registration with the ITU of frequency assignments for space radiocommunication services and their use should not provide any permanent David M. Leive, The Future of the International Telecommunication Union, A Report for the~1973 Plenipotentiary Conference 45 (1972). This conclusion is based on Recommendation No. Spa2-1, "Relating to the Examination by World Administrative Radio Conferences of the Situation with Regard to Occupation of the Frequency Spectrum in Space Radiocommunications." 23 UST 1527, 1839, TIAS 7435. ickowitz, op. cit., 85, citing E. Pepin, "General Legal Problems in Space Telecommunications," 38 Telecommunication Journal 387 (1971). Ickowitz, op. cit., 93.

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