37 Stat. L., pt. 2, p. 1565. Nov. 3, 1906. Wireless Telegraph__Convention between the United States and other Powers. Signed at Berlin, November 3, 1906; ratification advised by the Senate, April 3, 1912; ratified by the President, April 22, 1912; ratification of the United States deposited with the Government of Germany, May 17, 1912; proclaimed, May 25, 1912. Interna tional wire Preamble. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. WHEREAS a wireless telegraph convention, with service less telegraph. regulations, a supplementary agreement, and a final protocol was concluded and signed by the plenipotentiaries of the United States of America, Germany, Argentine Republic, Austria, Hungary, Belgium, Brazil, Bulgaria, Chile, Denmark, Spain, France, Great Britain, Greece, Italy, Japan, Mexico, Monaco, Norway, Netherlands, Persia, Portugal, Roumania, Russia, Sweden, Turkey and Uruguay, at Berlin on November third, one thou-sand nine hundred and six, the original of which convention and annexes, being in the French language, is word for word as follows: [Translation used by the Senate.] Contracting INTERNATIONAL powers. Government stations bound. Applicable to private commercial stations. WIRELESS TELEGRAPH The undersigned, plenipotentiaries of the Governments of the countries enumerated above, having met in conference at Berlin, have agreed on the following Convention, subject to ratification: ARTICLE 1. The High Contracting Parties bind themselves to apply the provisions of the present Convention to all wireless telegraph stations open to public service between the coast and vessels at sea-both coastal stations and stations on shipboard-which are established or worked by the Contracting Parties. They further bind themselves to make the observance of these provisions obligatory upon private enterprises authorized either to establish or work coastal stations for wireless telegraphy open to the service of public cor respondence between the coast and vessels at sea, or to establish or work wireless telegrapl. stations, whether open to general public service or not, on board of vessels flying their flag. ARTICLE 2. By "coastal stations" is to be understood every wireless telegraph station established on shore or on board a permanently moored vessel used for the exchange of correspondence with ships at sea. Every wireless telegraph station established on board any vessel not permanently moored is called a "station on shipboard." ARTICLE 3. Coastal stations. Stations on shipboard. telegrams. The coastal stations and the stations on shipboard exchange of shall be bound to exchange wireless telegrams reciprocally without distinction of the wireless telegraph system adopted by such stations. ARTICLE 4. Notwithstanding the provisions of Article 3, a station may be reserved for a limited public service determined by the object of the correspondence or by other circumstances independent of the system employed. ARTICLE 5. Limited serv ice stations. with telegraph Each of the High Contracting Parties undertakes to Connections connect the coastal stations to the telegraph system by systems. special wires, or, at least, to take other measures which will insure a rapid exchange between the coastal stations and the telegraph system. ARTICLE 6. Data to be The High Contracting Parties shall notify one another furnished muof the names of coastal stations and stations on shipboard tually. referred to in Article 1, and also of all data, necessary to facilitate and accelerate the exchange of wireless telegrams, as specified in the Regulations. ARTICLE 7. Use of spe Each of the High Contracting Parties reserves the cial devices. right to prescribe or permit at the stations referred to in Article 1, apart from the installation the data of which are to be published in conformity with Article 6, the installation and working of other devices for the purpose of establishing special wireless communication without publishing the details of such devices. Interference to be avoided. Priority to distress calls. Charges. Regulations authorized. ARTICLE 8. The working of the wireless telegraph stations shall be organized as far as possible in such manner as not to disturb the service of other wireless stations. ARTICLE 9. Wireless telegraph stations are bound to give absolute priority to calls of distress from ships, to similarly answer such calls and to take such action with regard thereto as may be required. ARTICLE 10. The total charge for wireless telegrams shall comprise: 1. The charge for the maritime transmission, that is: (a) The coastal rate, which shall fall to the coastal station; (b) The shipboard rate, which shall fall to the shipboard station. 2. The charge for transmission over the lines of the telegraph system, to be computed according to the general regulations. The coastal rate shall be subject to the approval of the Government of which the coastal station is dependent, and the shipboard rate to the approval of the Government whose flag the ship is flying. Each of these rates shall be fixed in accordance with the tariff per word, pure and simple, with an optional minimum rate per wireless telegram, on the basis of an equitable remuneration for the wireless work. Neither rate shall exceed a maximum to be fixed by the High Contracting Parties. However, each of the High Contracting Parties shall be at liberty to authorize higher rates than such maximum in the case of stations of ranges exceeding 800 km. or of stations whose work is exceptionally difficult owing to physical conditions in connection with the installation or working of the same. For wireless telegrams proceeding from or destined. for a country and exchanged directly with the coastal stations of such country, the High Contracting Parties shall advise one another of the rates applicable to the transmission over the lines of their telegraph system. Such rates shall be those resulting from the principle that the coastal station is to be considered as the station of origin or of destination. ARTICLE 11. The provisions of the present Convention are supplemented by Regulations, which shall have the same force and go into effect at the same time as the Convention. The provisions of the present Convention and of the Regulations relating thereto may at any time be modified by the High Contracting Parties by common consent. Conferences of plenipotentiaries or simply administrative conferences, according as the Convention or the Regulations are affected, shall take place from time to time; each conference shall fix the time and place of the next meeting. ARTICLE 12. Such conferences shall be composed of delegates of the Governments of the contracting countries. In the deliberations each country shall have but one. vote. Modifica tions. Conferences. Representa tion. Colonies, possessions, or If a Government adheres to the Convention for its colonies, possessions or protectorates, subsequent confer- protectorates. ences may decide that such colonies, possessions or protectorates, or a part thereof, shall be considered as forming a country as regards the application of the preceding paragraph. But the number of votes at the disposal of one Government, including its colonies, possessions or protectorates, shall in no case exceed six. ARTICLE 13. tional Bureau. Functions. An International Bureau shall be charged with col-Internalecting, coordinating and publishing information of every kind relating to wireless telegraphy, examining the applications for changes in the Convention or Regulations, promulgating the amendments adopted, and generally performing all administrative work referred to it in the interest of international wireless telegraphy. The expenses of such institution shall be borne by all the contracting countries. ARTICLE 14. other stations. Each of the High Contracting Parties reserves to itself Terms with the right of fixing the terms on which it will receive wireless telegrams proceeding from or intended for any station, whether on shipboard or coastal, which is not subject to the provisions of the present Convention. If a wireless telegram is received the ordinary rates shall be applicable to it. Any wireless telegram proceeding from a station on shipboard and received by a coastal station of a contracting country, or accepted in transit by the administration of a contracting country, shall be forwarded. Any wireless telegram intended for a vessel shall also be forwarded if the administration of the contracting country has accepted it originally or in transit from a non-contracting country, the coastal station reserving the right to refuse transmission to a station on shipboard subject to a non-contracting country. Forwarding. Application to other installations. Adherence of other Governments. Effect. International ARTICLE 15. The provisions of Articles 8 and 9 of this Convention are also applicable to wireless telegraph installations other than those referred to in Article 1. ARTICLE 16. Governments which are not parties to the present Convention shall be permitted to adhere to it upon their request. Such adherence shall be communicated through diplomatic channels to the contracting Government in whose territory the last conference shall have been held, and by the latter to the remaining Governments. The adherence shall carry with it to the fullest extent acceptance of all the clauses of this Convention and admission to all the advantages stipulated therein. ARTICLE 17.@ The provisions of Articles 1, 2, 3, 5, 6, 7, 8, 11, 12 and telegraph pro- 17 of the International Telegraph Convention of St. Petersburg of July 10/22, 1875, shall be applicable to international wireless telegraphy. visions applicable. Arbitration of disputes. Legislation to be proposed. ARTICLE 18. In case of disagreement between two or more contracting Governments regarding the interpretation or execution of the present Convention or of the Regulations referred to in Article 11, the question in dispute may, by mutual agreement, be submitted to arbitration. In such case each of the Governments concerned shall choose another Government not interested in the question at issue. The decision of the arbiters shall be arrived at by the absolute majority of votes. In case of a division of votes, the arbiters shall choose, for the purpose of settling the disagreement, another contracting Government which is likewise a stranger to the question at issue. In case of failure to agree on a choice, each arbiter shall propose a disinterested contracting Government, and lots shall be drawn between the Governments proposed. The drawing of the lots shall fall to the Government within whose territory the international bureau provided for in Article 13 shall be located. ARTICLE 19. The High Contracting Parties bind themselves to take, or propose to their respective legislatures, the necessary • See translation of Articles of the International Telegraph Convention referred to in Article 17, affixed. |