LEASING OF ORBITAL POSITIONS 4th Luxembourg Workshop on Space and Satellite Communication Law Ownership of Satellites 4-5 June 2015 LEASING OF ORBITAL POSITIONS Elina Morozova Head of International & Legal Service, Intersputnik International Organization of Space Communications

GEOSTATIONARY ORBIT So what does this phenomenon mean? The GSO is a limited natural resource which is increasingly in demand from a large and growing number of services such as fixed, mobile, broadcasting, amateur, space research, emergency telecommunications, meteorology, global positioning systems, environmental monitoring and communication services. located at an altitude of 35,786 km above the Earth and has a radius of 42,164 km integral part of outer space and not subject to national appropriation However, there exists a “secondary market”, where one has the possibility to “lease an orbital position”. So what does this phenomenon mean?

ABOUT INTERSPUTNIK Founded on 15 November 1971, the Intersputnik International Organization of Space Communications is an international intergovernmental organization headquartered in Moscow. Today, Intersputnik unites 26 member states which represent virtually all geographic regions from Central America to South-East Asia and from Europe to Africa. Intersputnik’s main objective is to ensure cooperation in designing, procuring, operating and developing satellite telecommunications systems of its member states. Intersputnik has not embarked on a path toward privatization. Instead, Intersputnik keeps its status of an intergovernmental organization, which performs the functions of a satellite operator.

OWN RADIO-FREQUENCY SPECTRUM The status of an intergovernmental organization made it possible for Intersputnik to file with the ITU satellite networks in various orbital positions for their further development. At all times Intersputnik invited its member states to take part in joint projects aimed at manufacturing, launching and operating satellites providing sufficiently wide range of telecommunications services. For a number of objective reasons it was impossible to draw enough investors from among Intersputnik member states. Intersputnik member states adopted a strategy for Intersputnik’s growth, according to which the radio-frequency spectrum can be developed by Intersputnik in cooperation with outside partners.

COOPERATION: PRINCIPLES AND BENEFITS Intersputnik grants to the outside partner the right to operate a satellite and earth stations using Intersputnik’s radio-frequency spectrum. The outside partner, in its turn, is responsible for the deployment of a new satellite using Intersputnik’s radio-frequency spectrum. Own satellite capacity with costs and risks slashed Today, seven orbital positions are developed by Intersputnik jointly with the outside partners.

INTERSPUTNIK’S FIRST PROJECT The first joint satellite project was successfully carried out in 1999. 1999 2014 2015 Intersputnik uses more than eighteen equivalent transponders on the satellite located at 75 degrees East, just short of 100% of which are used to provide up-to-date satellite telecommunications services in the Intersputnik member states.

OTHER PRACTICE (1) 119.1E 45E 46E Bangabandhu-1 To be launched in 2017 (In cooperation with Intersputnik) Azerspace-1 / Africasat-1a Launched in February 2013 (In cooperation with MEASAT) Azerspace-2 / Intelsat 38 To be launched in 2017 (In cooperation with Intelsat)

OTHER PRACTICE (2) 52E 51.5E 48E TurkmenÄlem / MonacoSat Belintersat-1 Launched in April 2015 (In cooperation with SSI-Monaco) 51.5E Belintersat-1 To be launched in 2016 (In cooperation with CGWIC and China SatCom) 48E Lybid-1 To be launched (In cooperation with Eutelsat S.A.)

LEGAL REGULATION Article II of the Outer Space Treaty specifies: “Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means”. ITU documents: Administrations may only be temporarily granted the right to use certain frequencies and technical parameters in GSO in strict compliance with the procedures set forth by the International Telecommunication Union for the time period than they actually need.

WORLD RADIOCOMMUNICATION CONFERENCE “WRC-12 recognizes that an administration can bring into use, or continue the use of, frequency assignments for one of its satellite networks by using a space station which is under the responsibility of another administration or intergovernmental organization ...” (Minutes of the Thirteenth Plenary of the World Radiocommunication Conference 2012) one’s “own” orbital position one’s “own” satellite “somebody else’s” satellite “somebody else’s” orbital position

“Joint satellite project” ? LEGAL NATURE Considering the existing legal regulation and examples given earlier, one can conclude that “leasing of orbital positions”: is just an established and most widely used name of the phenomenon in question, which has nothing to do with its legal nature represents cooperation between parties in the using of an orbital position where one of the parties has a temporary right to use the radio-frequency spectrum “Joint satellite project” ?

COMPARISON WITH “PAPER SATELLITES” block certain radio-frequency spectrum impede international frequency coordination make use of orbital positions less efficient Join satellite projects team up in order to start actual use of the radio-frequency spectrum aim at preventing “paper satellites” make use of orbital positions more efficient

Intelsat Eutelsat ALTERNATIVE WAYS There are other quite lawful ways to get quick access to the radio-frequency spectrum. Intelsat Eutelsat PanAmSat Satmex 113W 114.9W EuropStar 45Е 116.8W

So what are the practical advantages of joint satellite projects?

We can achieve more in cooperation. CONCLUSION Section 0.3 of the preamble of the ITU Radio Regulations: “In using frequency bands for radio services, members shall bear in mind that radio frequencies and the geostationary-satellite orbit are limited natural resources and that they must be used rationally, efficiently and economically ... so that countries or groups of countries may have equitable access to both, taking into account the special needs of the developing countries and the geographical situation of particular countries”. We can achieve more in cooperation. Joint satellite projects could offer a win-win solution to future achievements for the benefit of all.

THANK YOU FOR YOUR ATTENTION ! 4th Luxembourg Workshop on Space and Satellite Communication Law Ownership of Satellites 4-5 June 2015 THANK YOU FOR YOUR ATTENTION ! Elina Morozova Head of International & Legal Service, Intersputnik International Organization of Space Communications