Ownership of Satellites 4th Luxembourg Workshop on Space and Satellite Communication Law Ownership of Satellites Interaction between registration of space objects and the protection of frequency assignment Srinivasan VENKATASUBRAMANIAN “VENKAT” venkat@sunrise.ch (Adviser to ANIARA) (Formerly Head of SSC,BR, ITU)

OVER VIEW Legal Framework - UN Treaties Registration of Space Objects - ITU Constitution, Convention, AR Radio Regulation Registration of frequencies Satellite Leasing and Hopping Interaction between the two treaties Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

, , ; As soon as practicable 1975 – Convention on Registration of Space Objects Launched into Outer Space Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG Resolutions

UN Resolutions 2007 Res.62/101 2004 Res.59/115 Rec.Enhansing practice of Registration of SO Ratify or Submit under Res1721B Harmonise/Update information Launch Service Provider to ensure Registration Agree on LS in case of joint launches 2004 Res.59/115 Application of Concept of LS Enhance National Laws to Authorise and Supervise OS activities Submit practices on on-orbit transfer Harmonise practices 2000 Res.55/122 IC on PUOS (Paragraph 4) On Equitable Access to GSO (ITU CS196) 4. Notes agreement in Legal Sub-committee (informs ITU of paper adopted by LSC) WRC-97 has already adopted Res.80 on the same issue 1961 Res.1721B Int. Cooperation on PUOS 1.Furnish information to UN Registry

Ratification / Accession CONVETION  REGISTRATION OF SPACE OBJECTS 1975 INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS 1972 Total R (ratification, accession or succession) 92 62 Total D (Declaration of acceptance of rights and obligations) 3 Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG Register of SO

Registration Convention or 1961-Res 1721 or Outer Space Treaty of 1967 Register of SO Registration Convention or 1961-Res 1721 or Outer Space Treaty of 1967 - Time - Few months to few years Some SO not registered (OOSA report) - Some SO are registered by more than one One state authorises launch; Other operates Bought on-orbit, registers as its own SO, De-orbiting/modifications Links to National Registry – mostly nil Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

Legal Framework of ITU 6. MS are to abide by CS/CV and AR, exception under Art.48 48.States Retain entire freedom for National Defence use 44. Special Provisions for Radio Constitution(CS)Convention(CV) Administrative Regulations -Radio Regulations (RR) -ITR PP Conference Art.26 of Vienna CV on Treaties “Pacta Sunt Servanda“ Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

ARTICLE 44 (CS) CS195 1. MS shall limit the use of spectrum… CS196 2. In using frequency bands for radio services, Member States shall bear in mind that radio frequencies and any associated orbits, including the geostationary-satellite orbit, are limited natural resources and that they must be used rationally, efficiently and economically, in conformity with the provisions of the Radio Regulations, so that countries or groups of countries may have equitable access to those orbits and frequencies, … Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG ITU R structure

ITU-R structure RA WRC RAG RRB CPM Director BR SG/WP & SC MIFR Radiocommunication Bureau SPACE & TERRESTRIAL services SGD SSD TSD IAP SG/WP & SC Technical examinations Draft RoP BR : Radiocommunication Bureau RoP: Rules of Procedure RR: Radio Regulations (treaty status) RRB: Radio Regulations Board SG/WP: Study Group/Working Party SC – Special Committee WRC: World Radiocommunication Conference RoP Findings MIFR CPM: Conference Preparatory Meeting MIFR: Master International Frequency Register RA: Radiocommunication Assembly RAG: Radiocommunication Advisory Group Rec: Recommendations (international voluntary standards) Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

Radio Regulations Use spectrum rationally, efficiently and economically to ensure equitable access to all states Planned and Non-Planned approach Harmful Interference Free use between stations of difference countries Mechanism to ensure free-interference operation; Some of the key Articles/Appendices relevant to our topic are: Art. 3: Technical Characteristics of Stations Art.4 : Limit to Assignment and Use of frequencies -General Rules Art. 5: Table of Frequency Allocations  40 services Art. 8: Status of assignments in the MIFR Art. 9: Procedure for effecting COORDINATION with other admin. Art. 11: Notification Procedure for recording in the MIFR Art. 15: Procedure in case of Harmful Interference Art. 16: International Monitoring Art. 18: Licensing of Radio Stations (19- Identification of stations) AP 30, AP30A, AP30B: BSS and FSS plans Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

Efficient and economic use: Coordinated Use Equitable Access to all States- Each state has orbital position and spectrum earmarked ADVANCE PUBLICATION OF INFORMATION- intention Planned use of Spectrum Appendicies 30/30A-BSS Appendix 30B - FSS 2 years COORDINATION-Detailed ------------------------------------------------------ IIIIIIIII 5 years Provisions like 9.53, Res.2, 4 make Coordinated use more equitable Modifications to Plan provisions make Planned use more efficient Notify for Registering IN MIFR Due Diligence Res49/552 BiU - 7 Year Limit Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG 9.1 Two approaches

Nature of Spectrum – does not respect national boundaries Licences (Art.18) Nature of Spectrum – does not respect national boundaries State is responsible for Frequency assignments - Rational, Efficient and Economic use Of spectrum 3. Proper Equipment 4. Limit Use of Frequencies 5. ToFA + Tx station licence 9. Publish (through ITU/BR) API/ Coordination Conduct Coordination 11.Notify for recording in MIFR Res.49/552 – Due diligence to prove Satellite is real Bring into Use Res.49( Satellite Name, Manufacturer and Launcher and date) No linkage to the 1975 Registration Convention Res.552 - Applies for the band 21.4-22GHz instead of Res.49 Satellite gets an ITU-ID for its life time to identify the satellite where ever it is moved Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

RRB on Sale or Lease of Orbital Positions The GSOs and other Satellite Orbits are scarce natural resource and must be shared by all nations. The assignment to GSO position is not permanent (Res.2) Administrations to use for the time period that they need it (Res.4) Therefore, the “sale” or “lease” of orbital positions is outside the scope of the Radio Regulations. Special cases Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

Does not allow transfer of orbital positions – exceptions Radio Regulations Does not allow transfer of orbital positions – exceptions (Ownership/transfer of SO (Satellites) is related to licensing and are regulated by states) ITU does not check purchase/lease of satellites Checks and balances - Objections Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG RRB on Transfer

- either forming an IGO; or Radio Regulations Satellite systems can be filed by one country on behalf of a group of countries - either forming an IGO; or - otherwise as individual countries, listed in the filings RR No.9.1 Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG Transfer of OL

Transfer of Territory (Orbital position) UK  CHN (Hong Kong) Some Special Cases Transfer of Territory (Orbital position) UK  CHN (Hong Kong) (Change of Administration – RRB/RoP) Artemis transfer from F/ESA to UK USA/IT HOL, USA/IT UK VEN/ASA; VEN COL INTERSPUTNIK, BLR/IK  RUS/IK Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

Some SO Transfer Cases UK (BSB-1A) – S (SIRIUS-1) Freq. assignments in MIFR as SIRIUS-1; Registers as Swedish SO HOL – NSS transfer case – does not accept as its SO KOREASAT2,3 – ABS-1A,7 (ABS Being coordinated as PACIFISAT. Still time to Notify, SO of KOR) On-orbit purchase or transfer of satellite is not normally of concern to BR, unless challenged (26 E case- Admn A and B had filing at 26E) Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG Leasing

Satellite Leasing Recognised for WRC12 on Leasing Satellite Leasing Recognised for Bringing into Use (BIU)of frequency assignments for its filing using a space station of another administration, if, that administration does not object, within 90 days to the use of its space station for BIU Exact text Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

WRC-12 “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, provided that this latter administration or intergovernmental organization, after having been informed, does not object, within 90 days from the date of receipt of information, to the use of this space station for such purposes”. Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG Hopping

WRC12 on Satellite “Hopping” Introduced a minimum period of 90days (BIU) Recognised the legitimate use of fleet management. -Strengthen national regulatory provisions to minimise abusive practices -ITU-R to study; till then -BR to make an enquiry to that administration as to the last previous orbital location/frequency assignments BIU and share the information Voluntary information on the Registration of SO is possible Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG WRC-15

Satellite moved after 90 days WRC-15 20E 30E Satellite moved after 90 days Agenda item 7-ISSUE H examines the satellite “hopping” Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

WRC-15 Agenda Item 7- Issue H; Satellite Hopping CPM Report suggests one of the following methods to help submission of input to WRC Change the 90 days to one year BR investigates the relocated satellite information - publish - Reduce the time limit available for suspension - Detailed information on the relocated satellite to be provided (possible for voluntary linkage to Registration of Space Objects Treaty); Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG Res.80

Resolution 80 (WRC-97 mod WRC-07) In the context of the Principles of CS Article 44 relating to Rational, Efficient and Economic use of spectrum to ensure equitable access to countries -Procedures for measurement and analysis by SG, - Planned and Non-Planned use -Draft recommendation/RR provisions for linking the A,C,N procedures with the principles by the RRB -Make contribution to Director Report-RAG Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

Resolution 80 (WRC-97 mod WRC-07) SG – Planned and Coordinated use meets the objective RRB is of the view that the leasing of capacity as means of protecting registration fits the provisions of RR as long as the characteristics are within envelope and no HI is caused to other networks - Leasing and its compatibility with provisions of Article 18 on Licensing of Radio Stations by the country to which the station is subject - Leasing needs further study, until then to be treated on case by case basis Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

SUMMARY To ensure equitable access to all countries Radio Regulations does not permit sale or lease of orbital positions Registration of frequency assignments is time bound. Freq. Assignments will be cancelled SOs can be registered late and some times not done. No penal action envisaged SO Registration reference may be used, in future for on-orbit purchase cases, if stake holders are willing Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG

Thanks ? Workshop on Space and Satellite Communication Law, 4th and 5th June 2015, LUXEMBOURG