The Ministry of Foreign Affairs and Worship addresses the Embassy of
the United States of America, and with reference to its note Aide-Mémoire dated February 28 last,
concerning the proposed modification of Radio Regulations of Madrid
in so far as it concerns amateurs, takes pleasure in enclosing copy
of the report issued by
[Page 769]
the office in charge of the control of radio communications in the
country, which the pertinent Department has adopted in all its
parts.
Memorandum by the Argentine General
Administration of Post and Telegraph
The Government of the United States of America proposes to the
Argentine Government, an agreement substantially modifying the
stipulations contained in article 8 § 2 (1) in
fine of the General Regulations on Radio
Communications, which states: “… Owners of amateur stations
shall be strictly prohibited from transmitting international
communications emanating from third parties.”
This stipulation which our regulations in force at present
extend, even more strictly, to private experimental stations—see
articles 111 and 116, folio 7—was not contained in the
Washington Regulations. In effect, the comparison between
article 6 of the latter and article 8 of the Madrid Regulations
contained in the aide-mémoire, stresses
this latest provision.
In order to grasp the meaning of this provision, it is fitting to
study the origin and the circumstances which led to its
adoption.
In the Conference of Madrid, upon considering the proposals and
observations to which article 6 § 2 of the Washington
Regulations gave rise, the Netherland delegation informed the
Assembly that it had recently received a copy of a formula used
by a federation of radio amateurs. This formula indicated that
“the owner of amateur station offers the public free service to
any part of his country or of foreign countries where radio
amateurs may be found. It may be considered that rapid service
is secured in all the countries whose internal legislation
authorizes exchange of messages on the part of amateurs.”
The aforementioned delegation stated: “It seems necessary to call
the attention of the Assembly to the suggestion implied by that
text which we believe to be absolutely contrary to the
international regulations. Article 6 of the Washington
Regulations stipulates that when the exchange of communications
is permitted, it must be limited to the messages bearing upon
the experiments and remarks of a private nature …”
In this respect the same article foresees the possibility of
reaching other agreements between countries; “but”, the
delegation added,
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“we
do not know that there exists any agreement permitting amateurs
to make use of public communications gratuitously”.
According to the opinion of the Netherland delegation, if
amateurs wish to supply information concerning the possibility
of accepting public communications, they must limit themselves
to the enumeration of countries—if they exist—among which such
communications are permitted.
The delegation then pointed out the necessity that doubts must
not be entertained as to the significance of “messages bearing
upon the experiments and remarks of a private nature”. “This
expression”—it added—”evidently excludes all messages received
from other persons. Only the messages emanating from the owner
of the license are admitted. Consequently, it is prohibited for
amateur stations to repeat messages, unless there is a private
agreement among countries”.
The representative of the “International Amateur Radio Union”
declared that they “did not think that the object of the article
in question was to prohibit the transmission, in the amateur’s
language, of unimportant personal’ remarks in favor of a third
party” and were therefore opposed to the interpretation in
question.
The Italian delegation was of the opinion that the matter was
extremely important from the international point of view and
proposed the following addendum to avoid mistakes:
“Il est absolument interdit aux titulaires des stations
d’amateur de transmettre des communications émanant de
tierces personnes.”
This addendum, strongly supported by the delegations of Germany,
Belgium, France, the Netherlands, Netherland East Indies, and
the Soviet Union, was adopted, in spite of the request for a
further study advocated by the United States delegation.
This General Administration does not consider appropriate an
agreement of the nature which is solicited, and, on the other
hand, the regulations in force do not permit private
experimental and amateur stations to transmit and/or receive
messages emanating from or addressed to third parties (articles
111 (3), 116).
Neither does it consider it timely to encourage the modification
of the aforementioned regulation in the sense of effecting the
agreement proposed by the United States Government, among other
reasons, because:
- 1.
- In many cases such transmissions and/or receptions
would take place in detriment of the National Telegraph
revenues and of “private exploitations” which are
authorized to accept public messages.
- 2.
- Difficulties would be added in the control of
radiocommunications which is complex in itself, owing to
the different aspects it includes in our country.
- 3.
- On the other hand it would not afford perceptible
advantages in favor of communications or of the
scientific advancement of research.
- 4.
- The basic purpose of studying and testing the radio
electric technique might be relegated [to a secondary
position], awakening a sort of rivalry in transmitting
and/or receiving messages addressed to third parties,
not always bearing on experiments made or to be
made.
July 17, 1934.