1. 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”
(Adviser to ANIARA)
(Formerly Head of SSC,BR, ITU)

2. 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

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

4. , , ;
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

5. 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

6. 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

7. 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

8. 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

9. ARTICLE 44 (CS) CS195 1. MS shall limit the use of spectrum…
CS 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

10. 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

11. 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

12. 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

13. 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 Applies for the band GHz 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

14. 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

15. 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

16. - 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

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