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A Voice, A Vision for the Asia-Pacific |
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Part I. Constitution of the Asia-Pacific Satellite Communications Council
Convinced of the need to develop and promote services via satellite within the Asia-Pacific region, in order to facilitate social and economic development;
Considering the need for cooperation and coordination among member countries through the exchange of views and ideas related to technologies, systems, policies and services related to outer space and satellite services including broadcasting;
Realizing the need for the establishment of a regional forum to discuss issues relevant to these regional interests;
Recognizing the need for a permanent mechanism that will formulate the planning and operational arrangement of joint tasks and projects beneficial to the region;
Hereby agree as follows:
Article 1 - Foundation The Asia-Pacific Satellite Communications Council (hereinafter referred to as APSCC) is hereby established as a regional organization in conformity with:
(1.1) The recommendation to establish APSCC adopted in the Plenary Meeting of the 1992 United Nations Workshop, “Space Communication for Development,” held in November 1992, in Seoul, the Republic of Korea under the sponsorship of the Office for Outer Space Affairs, United Nations;
(1.2) Majority support of the recommendations from government, public and private organizations in the Asia-Pacific region;
(1.3) Recognition of APSCC by the Office for Outer Space Affairs, United Nations;
(1.4) Recognition of APSCC by the International Telecommunication Union. Article 2 - Objectives The objectives of APSCC shall be:
(2.1) To exchange views and ideas on technologies, systems, policies and outer space activities generally and satellite services, including broadcasting, particularly which are applicable to the betterment of the Asia-Pacific region;
(2.2) To promote and accelerate the efficient introduction of outer space activities, services and businesses via satellites in the region;
(2.3) To assist in the development of national capabilities for establishing domestic and regional satellite communications and broadcasting services;
(2.4) To enhance the coordinated effort to formulate recommendations of technical standards for satellite communications including broadcasting within the region and around the world;
(2.5) To provide information on issues that affect the satellite industry and to share that information through information services;
(2.6) To perform the roles of consensus development, advocacy and international coordination for the satellite industry in the region;
(2.7) To develop international joint projects for space-based and satellite services in the region so as to better serve the governments, researchers, industry and users in the region;
In order to realize the above objectives, APSCC may:
(2.8) Sponsor programs and other undertakings for the exchange of information, technical experts and personnel in outer space activities and satellite services including broadcasting, among members; and other programs related to satellite and space activity;
(2.9) Hold APSCC Conferences and Exhibitions, workshops, summits, and, symposia to exchange and discuss ideas related to space-based technologies, systems, policies and satellite services including broadcasting among members, and other organizations engaged in satellite and space-related activities;
(2.10) Promote multinational training programs dealing with technology, system maintenance, operation and satellite services including broadcasting for members in cooperation with, and sponsored by, appropriate organizations;
(2.11) Perform studies to generate recommendations to related international organizations and governmental bodies on issues such as optimal usage of spectrum and regulatory issues, and technical standards for satellite services including broadcasting, and other related issues through study groups and other activities within the APSCC.
(2.12) Publish periodicals, yearbook, reviews, reports and analysis of the activities of the space and satellite industry;
(2.13) Develop international joint project for mutual cooperation in the region and develop implementation plans for funding, organization, and management;
(2.14) Foster and promote the exchange of cultural, multimedia and other information among the countries in the region for cooperation;
(2.15) Support introduction of new services in the region by the members through activities such as forums, meetings, and campaigns to appropriate authorities;
(2.16) Support promotion of new services by members in the region; Article 3 - Membership (3.1) APSCC Membership is open to any government bodies, public and private organizations, associations and corporations, involved in satellite services, broadcasting, manufacturing, launch service, risk management and associate fields such as data-casting, informatics, multi-media, and telecom carriers or other outer space related activities with an interest in the Asia-Pacific region.
(3.2) The APSCC shall consist of Platinum Members, Gold Members, Regular Members, Affiliate Members and Individual Members.
(3.3) The Platinum Member Category is open to any entity that provides financial support to APSCC through a contribution to funds of US$250,000 or that pays an annual membership fee of US$10,000. Platinum Members enjoy the highest benefits possible from APSCC Membership.
(3.3.1) Platinum Members are entitled to three (3) votes in the Plenary Meeting, the Council Meetings and APSCC elections. They are also invited to all Council activities and board meetings. Office positions are given to this membership entity on the most preferential basis. Representation is transferable within the company.
(3.4) The Gold Member Category is for any entity that pays US$5,000 or more per year. Gold Members are entitled to two (2) votes in the Plenary Meeting, the Council Meetings and APSCC elections. They are also invited to all Council activities. They are eligible for priority office positions. Representation is transferable within the company. Gold Members can enjoy the second highest level of benefits from APSCC membership.
(3.5) The Regular Member Category is for
any entity that pays US$3,000 per year. Regular Members hold one (1) voting
right in the Plenary Meeting and APSCC elections. Member representatives are
eligible for office positions. Representation is transferable within the company.
(3.5.1) The Board of Directors shall determine the annual fees to be paid by government ministries, regulatory bodies, educational institutions, foundations, organizations, and companies in less developed countries as well as small enterprises which have requested fee reductions, according to individual evaluation by the company overview, statement of number of employees etc.
(3.6) The Affiliate Member Category is available to international organizations, associations connected with satellite communications and broadcasting, manufacturing, launch service, risk management and associate fields such as data-casting, informatics, multi-media, and telecom carriers and that have a major interest in the development of satellite industry in the area.
(3.6.1) Affiliate Members shall have no voting rights in the Plenary Meeting, the Council meetings or APSCC elections. However, they may attend them and offer suggestions. They may also enjoy all other benefits of APSCC Regular Membership.
(3.7) The Individual Member category shall be restricted to academics, consultants and professionals (not being a firm, corporation or other entity) who are directly or indirectly involved with the satellite or space related industries with interests in the Asia-Pacific region and who share the Council's aims and objectives. Members shall pay an annual fee of US$300.
(3.7.1) An individual member shall not represent any entity or his or her own firm. Individual membership is not open to a person from a profit-making entity employing more than 3 employees.
(3.7.2) Representation is not transferable and benefits are limited to a single representative. Individual Members are not eligible to be nominated for election to the President or the Board of Directors, the duties of which include the establishment of guidelines, policies, and priorities of APSCC. This membership category offers no voting right in the APSCC Meetings.
(3.7.3) Individual membership applicants are required to include curriculum vitae with their application. The Board of Directors shall approve acceptance of the applicant as a Member.
(3.8) The Board of Directors shall determine the guidelines on membership benefits in consultation with the Secretariat.
Article 4 - Recognition of Rights and Legal Status The APSCC shall recognize the rights of Members to maintain their membership within other participating organizations with international and regional activities in space or terrestrial communication.
Article 5 - Official Language (5.1) The official language of the APSCC shall be English.
(5.2) Interpretation or translation into a non-English language may be provided at formal meetings of the APSCC.
Article 6 - Organs of the APSCC (6.1) The APSCC shall consist of:
(6.2) The Plenary Meeting shall be a general assembly attended by Platinum, Gold, Regular, Affiliate, and Individual Members for the consensus gathering process of APSCC on general issues of APSCC operation and APSCC opinions on satellite services including broadcasting recommended by the President, and the Board of Directors.
(6.3) The Council shall be responsible for reviewing, making decisions on the principles, and recommending important decisions for final acceptance. The Council shall decide whether the APSCC needs additional organs, rules and procedures.
(6.4) The President of APSCC shall be the Chief Executive Officer elected from its members for a two (2) -year term. The President represents APSCC, with the authority and responsibility for implementing the directions and guidelines set by the constitution and APSCC Council, with assistance from the Board of Directors, Vice Presidents and Executive Director.
(6.5) The Board of Directors will consist of up to twelve (12) Directors who oversee the executive branches of APSCC; regulatory affairs, membership management, finance and budget, publications, project development, international coordination and cooperation for the promotion of the space and satellite industries.
(6.6) The Advisory Board will consist of distinguished experts on space and satellite communications including broadcasting, and advise the President upon request on matters of satellite communications including broadcasting and the direction for the development of APSCC operation.
(6.7) The Executive Director shall be a full-time, administration officer in charge of the APSCC Secretariat, and shall be appointed for a four (4)- year term which may be renewed. The Executive Director shall be appointed from the country hosting the Secretariat, by the President and approved by the Council. The salary will be competitive.
(6.8) The Secretariat shall be the operating headquarters of APSCC. The Secretariat shall be responsible for the management and daily operation of APSCC according to the directions set by the Council and the President.
(6.9) The Plenary Meeting and Council Meeting will meet every two years. Article 7 - The Plenary Meeting (7.1) The Plenary Meeting shall be a general assembly of APSCC members held biennially for consensus gathering on matters submitted by the APSCC President, and recommended by the Council and members.
(7.2) The Plenary Meeting shall be chaired by the APSCC President.
(7.3) Approve the recommendation from the Council on the following matters:
Article 8 - The Council (8.1) The Council shall consist of no more than 40 council seats.
(8.2) The Council seats may consist of Platinum Members, Gold Members and selected Regular Members.
(8.3) Each Member of the Council shall appoint a person to serve on the Council.
(8.3.1) Except in the case of vacancies, the Members elected to the Council shall hold office until a new Council is elected. They shall be eligible for re-election.
(8.4) The Council shall have the authority to review and decide important matters regarding the direction of operation and management of APSCC.
(8.5) The Council shall nominate by vote one candidate for the next APSCC President and recommend the nominee to the Plenary Meeting for approval before the current presidential term expires.
(8.6) The Council Meeting shall be chaired by the President.
(8.7) The Council shall have authority to approve and/or remove the Executive Director on recommendation from the President. Article 9 - The Board of Directors (9.1) The Council shall elect up to twelve (12) members of the Board of Directors from the Council or APSCC members to assist the President, for the duration of the term of the President. The President shall nominate candidates for the Board of Directors for approval by the Council. The elected Directors will constitute the Board of Directors.
(9.2) The Board of Directors shall be responsible for assisting the President in setting policies and directions for the organization.
(9.3) The following areas of APSCC activities are among those that shall be assigned to the Board of Directors:
Article 10 - Auditor (10-1) The Auditor shall be appointed by the President to examine and submit the audit report for the budget, operation and financial result.
(10-2) The Auditor shall be responsible to the Board of Directors
to ensure economic use of the Secretariat’s resources and shall be responsible to the Council for financial aspects of the APSCC’s activities.
Article 11 - The President (11.1) The President of APSCC shall be the chief executive officer of the APSCC without pay and shall represent the APSCC.
(11 .2) The President shall oversee the overall operations and activities of APSCC.
(11.3) The next President of APSCC shall be elected with the approval of the Plenary Meeting of one candidate nominated by the Council.
(11.4) The candidate for the next President shall be recommended from among the Platinum, Gold, or Regular Members.
(11. 5) The term of the President shall be two (2) years, which is renewable once. Excepting renewal, the next President shall not be from the same country as the incumbent President. The same person may be re-elected to the presidency after one lapse of administration by another President. Article 12- Vice Presidents (12.1) The President shall appoint Vice Presidents from the Council or APSCC members to assist the President, for the duration of the term of the President. The President shall nominate candidates for Vice Presidents for approval by the Council.
(12.2) Vice Presidents shall be responsible for assisting the President and for leading Standing Committees or ad hoc committees based upon assignment from the Board of Directors and the President.
Article 13 - The Secretariat (13.1) The Secretariat shall be the operation headquarters of the APSCC.
(13.2) Location of the Secretariat shall be decided in the Council and the Council may decide to relocate it to another country.
(13.3) The Secretariat shall be staffed with the necessary number of administrative staff members and clerks.
Article
14 – Country Representatives (14.1) To enhance the promotion of membership and activities of APSCC in certain countries or regions, the President shall appoint people from among the member organizations or individual members to act as representatives for their respective countries to provide support to APSCC. Country representatives are volunteers who act as correspondents and liaise with the Secretariat to facilitate the mission and activities of APSCC throughout their country or region.
(14.2) Responsibilities of Country Representatives: (a) Identify potential new members for APSCC and promote membership. (b) Promot activities of APSCC and interact with associated societies and allied professional societies in their country. (c) Assist in organizing events such as meetings, seminars, workshops, conferences, etc. organized by the APSCC in their country. (d) Assist in establishing relationships with key associations in their country.
(15.1) The funding of APSCC shall be obtained from the following sources:
(15.2) APSCC Platinum, Gold, and Regular Members shall be obliged to pay membership fees except where specifically exempted by the Board of Directors.
(15.3) The Board of Directors may decide on fee reduction or exemption requests from APSCC members, based on the qualifications of the requesting member.
(15.4) The Council member or country hosting the APSCC Secretariat shall be responsible for 50% of the annual operating budget of the APSCC Secretariat in coordination with the relevant authority of hosting country.
(15.5) The APSCC members who fail to fulfill the fee obligation shall lose their status upon approval by the Council.
Article 16- Coordination with International Organizations (16.1) APSCC shall maintain cooperative relationships with the branch offices of the United Nations, UN-OOSA (United Nations-Office for Outer Space Affairs) ITU, UNDP, APT, PTC and other international and regional organizations.
(16.2) APSCC shall honor the standards and practices set forth by aforementioned organizations.
(16.3) The specifics of the cooperative relationship between the APSCC and other international organizations shall be defined by mutual agreement.
(16.4) APSCC shall endeavor to assist in policies concerning interference coordination and related matters with appropriate authorities and regional and international organizations;
(16.5) APSCC shall interact with international organizations for sharing of information on legislative and regulatory activities that affect the satellite industry in the region;
(16.6) APSCC shall endeavor to cooperate with related international organizations for development and execution of international joint projects. Article 17- Withdrawal (17.1) APSCC members may withdraw from the APSCC by written notification to the President.
(17.2) Upon receipt of the notification of withdrawal, the President shall announce the notification within three (3) months to members of APSCC, and withdrawal will take effect by the end of the current year.
(17.3) Any withdrawing member shall fulfill its membership obligation until the end of the current withdrawing year.
Article 18- Dissolution The Council may, by a two-thirds majority of the total APSCC Council seats, adopt a recommendation on dissolution of the APSCC to the Plenary Meeting, which may approve the recommendation by a two-thirds majority of Platinum, Gold, and Regular members of APSCC.
Article 19- Adoption and Signature (19.1) This constitution, having been adopted on October 25, 1994 in the Inauguration Council Meeting shall be open until it enters into force by signature by all those eligible for membership of the APSCC.
(19.2) This constitution shall remain open for signature at the APSCC Secretariat where it will remain in deposit.
(19.3) The Secretariat shall send certified copies of this constitution to all those eligible for members of APSCC for signature before permanent deposit. Article 20 - Entry into Force This constitution shall enter into force when more than sixteen (16) delegates in attendance at the Inauguration Council Meeting have notified the Secretariat of their acceptance of this constitution.
Article 21 - Amendment This constitution may be amended by written formal request by more than five council members and approved in a Council Meeting by two-thirds of the present Council seats and then simple majority in the Plenary Meeting.
Part II.
Rules and Operating Procedures of
the APSCC Organs
A. Rules and Procedures of the Plenary Meeting (A-1) The Plenary Meeting shall be held every two years during the APSCC Conference and Exhibition.
(A-2) The President of APSCC shall preside over the Plenary Meeting.
(A-3) The Plenary Meeting shall hear opinions from the participants on overall matters regarding the activities of the APSCC.
(A-4) The Plenary Meeting shall vote to approve the nominee for the next President.
(A-5) A simple majority of the present APSCC membership shall be applied for voting on general issues in the Plenary Meeting except for dissolution of the APSCC.
(A-6) The Plenary Meeting shall elect members of the Council.
B. Rules and Procedures of the Council Meeting (B-1) The Council shall be responsible for reviewing and decision-making regarding the following matters:
(B-2) The Council Meeting shall be in session by one-third of the Council seats and be chaired by the President of APSCC. The Council Meeting shall hear opinions from the participants on matters regarding the activities of the APSCC
(B-3) The candidate for the next President of APSCC shall be nominated from APSCC members or the Council seat members by simple majority of present seats of the Council, then recommended to the Plenary Meeting for approval.
(B-4) Council voting on general matters shall be a simple majority of the present seats of the Council.
(B-5) Council Meeting voting on item (f) of (B-1) shall require a two-thirds majority of the present seats of the Council for approval.
(B-6) The Executive Director shall generate the minutes of the Council Meeting and distribute the minutes to APSCC Members.
(B-7) A meeting notice with an agenda shall be distributed one month before the Council Meeting,
(B-8) Formal regular meetings of the Council shall be held every two years in conjunction with the Plenary Meeting.
(B-9) Extraordinary Council meetings may be called by APSCC President, or by the request of one-quarter of the seats of the Council.
(B-10) The Executive Director shall announce the time and location of the meeting.
(B-11) The extraordinary Council Meeting may use fax, email or teleconferencing resources as needed. C. Rules and Procedures of the Board of Directors (C-1) The Board of Directors shall be responsible for assisting the President in deciding on directions and operation plans of APSCC regarding the following matters:
(C-2) The Board of Directors may establish Standing Committees and Ad hoc Committees to review and study issues assigned by the Board of Directors.
(C-3) A Board of Directors Meeting may be called by the President, or by the request of one-quarter of the seats of the Board of Directors.
(C-4) The Board of Directors Meeting may use of fax, email, or teleconferencing resources as needed.
(C-5) The members of Board of Directors are responsible for leading a Standing Committee or Ad hoc Committee.
D. Rules and Procedures of Standing Committees and Ad hoc Committees (D-1) The Standing Committee shall carry out duties related to membership qualifications, conference programs, cooperation with other organizations, professional and technical tasks or projects in satellite communications including broadcasting assigned by the Board of Directors.
(D-2) Ad hoc Committees may be established for other tasks assigned by the President.
(D-3) Ad hoc Committees shall carry out tasks for members concerning professional, technical and regulatory affairs and promote satellite business competition in the following areas:
(D-4) The chairperson of a Committee shall be appointed by the President and be responsible for the operation of the Committee according to the directions of the President and the Board of Directors.
(D-5) The chairperson of a Committee shall be responsible for:
E. Functions and Operating Procedures of the Secretariat (E-1) The Executive Director shall be responsible for the operations of the Secretariat according to the directions and guidelines set forth by the Council and by the President.
(E-2) The APSCC Newsletter shall be published and distributed on a quarterly basis.
(E-3) The APSCC Secretariat shall be located in Seoul, Korea.
(E-4) The Executive Director shall be hired from among individuals of the country where the Secretariat is located from countries holding APSCC membership.
(E-5) The Secretariat shall be responsible for preparing the APSCC annual Conference and Exhibition and coordinating the conference organization committee.
(E 6) The Secretariat may support the business of members as much as possible.
(E-7) The Secretariat shall support the activities of standing or ad hoc committees.
(E-8) The Secretariat shall support the cooperative relationship with the related international bodies.
(E-9) The Executive Director shall hire the required number of administration staff members and clerks in the Secretariat from countries holding APSCC membership.
(E-10) Staff and clerks hired from outside of the host country shall be provided with payment and compensations equivalent to their counterparts in their country of origin.
F. Functions and Responsibilities of the President of APSCC (F-1) The President of the APSCC shall be the chief executive officer without pay, who is elected in the Plenary Meeting from APSCC members or the council seat members and represent APSCC externally.
(F-2) The term of the President shall be two (2) years, which is immediately renewable only once. He or she may be eligible for office again after the lapse of one other administration.
(F-3) The President shall have the following responsibilities:
(F-5) When the country of the President is different from that of the location of the APSCC Secretariat, APSCC shall provide the President with maximum possible support for additional requirements of communication and travel for official APSCC business between the President’s residential location and the Secretariat.
(F-6) When the President is absent from normal duty for more than three (3) months, the Executive Director shall temporarily act for the President.
(F-7) When the incumbent President resigns before the term expires, the Board of Directors shall elect an acting President among the members of the Board of Directors to act until a new President is chosen. Election for a new President shall take place within three (3) months from the resignation, by a temporary Council Meeting which may be collected by electronic mail vote. The newly elected President shall serve for only the remainder of the term.
G. Functions and Responsibilities of Vice Presidents The following areas of the APSCC activities shall be assigned to Vice Presidents:
(a) External relations and membership (b) Regulatory Issues (d) Programs and publications H. Functions and Responsibilities of the Executive Director (H-1) The Executive Director shall be a full-time permanent employee of the APSCC in charge of administration of the APSCC Secretariat, independent of the term of the President.
(H-2) The Executive Director shall assist the President by administering the directions and guidelines set by the Council and President.
(H-3) The Executive Director shall temporarily act for the President until a new President is elected, while the President is absent from his normal duty for more than three (3) months, or resigns before the term expires.
(H-4) The Executive Director shall implement the plans and decisions set by the APSCC Plenary Meeting, the President and the Council.
(H-5) The Executive Director shall hire a specified number of staff members and clerks for the APSCC Secretariat from any country holding APSCC membership.
(H-6) The Executive Director shall report the operational status of the APSCC Secretariat to the Council biennially, and to the President quarterly.
I. Guidelines for Conference, Workshop, Symposium, etc.
(I-1) APSCC shall hold a space and satellite communications and broadcasting Conference and Exhibition annually, and hold workshops, symposiums, exhibitions, etc., to promote the exchange of information, ideas and views.
(I-2) The Board of Directors shall choose the venue, date and host country or organization for the next Conference and Exhibition.
(I-3) The organization committee shall be established at least six (6) months before the Conference and Exhibition. The Executive Director shall be a member of the organization committee. Annual workshops and symposiums will be organized by the Secretariat.
(I-4) The preliminary program schedule for the Conference and Exhibition shall be submitted to the Secretariat and distributed to the Council members at least three (3) months before the Conference and Exhibition for review and comments. Program plans for workshops and symposiums shall be approved by the Board of Directors.
(I-5) The budget for the conference shall be secured by the organization committee and the hosting Council member.
(I-6) The organization committee shall submit reports of each event to the APSCC President within one (1) month after the event.
(I-7) The report shall include a financial statement.
(I-8) The APSCC conference may collect registration fees from participants.
(I-9) If the balance of the budget results in a profit after the conference, this profit shall be returned to the APSCC treasury.
(I-10) The conference organization committee may appoint an international advisory committee from among APSCC members.
(I-11) The APSCC President
shall be general chairperson of the conference, workshop and symposium. [end]
J. Function and Operating Prodedures of the Auditor
It is suggested that adding the provision indicating rules and operating procedures regarding the auditor as:
(J-1) The Auditor shall be responsible for performing the audit for the budget, the operation and the financial result as well as submitting the audit report to the Board of Director's meeting on a half-year basis
(I-11) The Auditor shall be qualified with financial knowledge with a certified qualification such as CPA and shall be appointed by the President through a commercial contract by the Secretariat. |
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Copyright © 2003, APSCC, All rights reserved. |
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