Annex
ARRANGEMENTS CONCERNING USE OF THE RADIO
FREQUENCY SPECTRUM
ARTICLE I: GENERAL
PRINCIPLES
(1) The Government, including the Iraqi
Communications and Media Commission and any successor or other
entity with authority relating to radio frequency spectrum in
Iraq (collectively referred to as the "Commission"),
shall render all decisions planning, managing, allocating and
assigning radio frequency spectrum in a manner that recognizes
and safeguards the radio frequency spectrum needs of the MNF.
(2) Consistent with Sections 5(2)(i) and
5(2)(m) of CPA Order No 65, the Government, through the Commission,
will coordinate with the Force Commander regarding any pending
or proposed action or regulatory decision that may affect MNF's
use of radio frequency spectrum, in order to ensure that no such
actions or decisions will interfere with military requirements
necessary in the interest of the national security of Iraq.
(3) Nothing contained in this Annex shall
be interpreted to abridge or deny the ability of the MNF to utilize
existing and future frequency assignments to operate communications,
navigation and other military facilities and networks required
to facilitate internal operations and to safeguard the security
and reconstruction of Iraq.
ARTICLE II: TABLE
OF ALLOCATIONS
(1) The initial Table of Allocations, which
designates bands as Civil, Military or Shared, is attached hereto
as Appendix 1. Neither the Government nor the Force Commander
may change the Table of Allocations except in accordance with
the provisions set forth in this Annex.
(2) No changes to the Table of Allocations
that reallocate, reassign or otherwise affect the bands designated
as Military, the MNF's use thereof, or the MNF's use of frequencies
assigned to it in the bands designated as Civil or Shared Uses
shall be effective unless agreed to by the Force Commander.
(3) Subject to paragraph (2) of this Article
II, the Commission may reallocate radio frequency spectrum and/or
revise the Table of Allocations in the bands designated as Civil
or Shared by providing 30 days' prior written notice to the Force
Commander of such reallocation and/or revision.
ARTICLE III: ASSIGNMENT
OF RADIO
FREQUENCIES
(1) The Commission controls the assignment
of frequencies in the bands designated as Civil or Shared Uses
and serves as the approval authority for frequency assignments
in these bands, and shall render its decisions in accordance with
these regulations. Except as set forth in this Annex, no person
may operate radio transmitting equipment in the bands designated
as Civil or Shared without the authorization of the Commission.
(2) The Force Commander controls assignment
of frequencies in the bands designated as military and serves
as approval authority for these bands. Decisions by the Force
Commander regarding assignments in the bands designated as Military
are committed to his complete discretion and are not subject to
review by the Government. No person may operate radio transmitting
equipment in the bands designated as Military without the authorization
of the Force Commander.
(3) In addition to the use of any bands
designated as Military Uses that have been authorized by the Force
Commander, the Force Commander shall have the right to retain
and request frequency assignments from the Commission whenever
necessary, in the bands designated as Civil or Shared. Requests
by the Force Commander for frequency assignments in the bands
designated as Civil or Shared Uses shall be addressed and coordinated
with the Commission in the following manner:
(a) Following 30 June 2004, the military
and civil defense forces (including the MNF) will retain the frequency
assignments in the bands designated as Civil or Shared that were
held immediately prior to that date, including those assignments
held by the MNF, which shall retain the assignments previously
held by Coalition Forces, and may transfer those assignments to
any successor entity for the protection of Iraq's national security.
(b) The Force Commander may submit written
requests to the Commission for additional frequency assignments
in the bands designated as Civil or Shared Uses. Upon receipt
of a written request for frequency assignment(s) from the Force
Commander, the Commission will render its written decision to
grant or deny such request(s) in a manner that will not interfere
with military requirements necessary in the interest of security;
(c) The Commission shall respond in writing
to requests for frequency assignments from the Force Commander
within 30 days of receipt of such requests to either grant the
requested authorization or provide a written explanation of its
denial of the request;
(d) If the MNF is not employing a frequency
that is assigned to it in a band designated as Civil or Shared,
the Commission may request that the unused assignment be returned
for reassignment or reallocation, and such request shall be honored
by the Force Commander, unless the Force Commander provides a
written statement explaining that the MNF must continue to hold
the assignment because of a security interest, such as civil defense
or public safety. Such statement, if made by the Force Commander,
shall be conclusive.
(e) The MNF shall be exempt from any and
all requirements to pay recurring or nonrecurring fees for use
of radio frequency spectrum, or for requesting and obtaining existing
or future frequency assignments, including any administrative,
processing or other fees.
(f) Requests for frequency assignments by
the Force Commander shall be submitted to the Commission in a
format agreed to between the Force Commander and the Commission.
(g) The Commission will not release any information
regarding the MNF's use of radio frequency spectrum to any person
(including other Government agencies) without the explicit prior
written consent of the Force Commander.
(4) The Commission shall protect frequency
assignments held by the MNF, Diplomatic and Consular Missions
and Contractors from interference.
ARTICLE IV: CHANGES
TO THIS
ANNEX
(1) The terms of this Annex may be changed
only upon the written agreement of the Commission and the Force
Commander.
(2) The Commission and the Force Commander
may agree on more detailed procedures, in writing, to carry out
the intent of this Annex.
(3) The Commission and the Force Commander
may each delegate their responsibilities under this Annex to appropriate
representatives.
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