President Franklin D. Roosevelt, in Accordance with Article II of the U.S. Constitution, Formally Seeks the “Advice and Consent” of the Senate to an International Treaty

“To the end that I may receive the advice and consent of the Senate to ratification of the revised regulations, I transmit herewith a certified copy of the revision of the General Radio Regulations annexed to the International Telecommunications Convention…”

 

A rare letter of any president to the U.S. Senate, and the first seeking the Constitutionally required “Advice and Consent” that we have ever seen

The International Radiocommunication Conference was the first of the administrative radiocommunications conferences. It dealt with telegraph as well as telephone issues and was held simultaneously with the Administrative Telegraph and Telephone Conference in Cairo in 1938, under the banner of the International Telecommunication Conferences. The Telegraph Consultative Committee (CCIT) was reorganized and would function similarly to the Telephone Consultative Committee (CCIF). The CCIT would, from now on, be charged with the study of rate questions submitted to it by a plenipotentiary or administrative conference.

The unification of code and plain language rates for telegrams within the European regime was adopted. The new fixed rate for coded telegrams was changed to 92% of the existing rate of plain language telegrams. The Telephone Regulations were modified to include the establishment of “reversed-call charges” and “urgent aircraft calls.” Urgent aircraft calls would be given priority over all other types of calls except urgent government calls.

Participants agreed to use English as a supplementary language in conferences and meetings. The United States offered translating services for both of the conferences and compiled unofficial English translations. A vote determined that the Bureau would be responsible for future translations. A committee was created to resolve issues related to voting and to establish a recommendation for the next conference. A report was compiled and was approved for future voting at conferences.

The increased demand and need for frequencies on intercontinental air routes was recognized. It was also decided that higher technical standards for transmitters through improved tolerance and band tables would be established. Limits were placed on the use of spark sets and maritime use was restricted to three frequencies. In addition, modifications were made to the regulations of the Maritime Mobile Service.

The Radio Consultative Committee (CCIR) was reorganized. It would now be charged with the study of both technical and operations questions. Interval meetings would be held every three years.

Changes were made to the Additional Radio Regulations with the establishment of a maximum charge of 20 centimes for radiotelegrams in the aeronautical service and the adoption of detailed regulations for new radio maritime letters.

The Final Protocol to the General Radio Regulations was adopted and the agreement was ready to be ratified by the nations involved.

A treaty is a binding agreement between nation-states that forms the basis for international law. Thus the agreement that resulted from this Conference was a form of treaty, and treaties signed by the United States must be ratified by the U.S. Senate to become law. Article II of the United States Constitution provides that the president “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur.” President Roosevelt formally sought the Advice and Consent of the Senate to the Conference agreement.

Typed letter signed, The White House, Washington, January 27, 1939, “TO THE SENATE OF THE UNITED STATES”. “To the end that I may receive the advice and consent of the Senate to ratification of the revised regulations, I transmit herewith a certified copy of the revision of the General Radio Regulations annexed to the International Telecommunications Convention, signed at Madrid on December 9, 1932, adopted on April 8, 1938 by the International Telecommunication Conferences which convened at Cairo, Egypt, on February 1, 1938 to revise these regulations as well as the Additional Radio Regulations and the telephone and telegraph regulations also annexed to the Madrid Convention but which were not signed for the United States.

Accompanying these revised general radio regulations is a certified copy of the Final Protocol to the General Radio Regulations, in which reservations thereto made by certain governments are recorded. The attention of the Senate is invited to the accompanying Report by the Secretary of State and to the Report of the Chairman of the Delegation to the Cairo Conference relating to the General Radio Regulations.”

Letters of presidents to Congress are rarities.