811.7435 Amateur/4

The Argentine Ministry for Foreign Affairs to the American Embassy in Argentina 7

[Translation]

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.

[Enclosure—Translation]8

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, [Page 770] “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.

  1. Copy transmitted to the Department by the Ambassador in Argentina in his despatch No. 401, August 29; received September 10.
  2. File translation revised.