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Introduction to International Space Law by gregoria

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									     Introduction to
International Space Law
             Week Nine (9)
    ITU & Geostationary Orbits
          www.mansat.org


       Introduction to International Space Law
                  www.mansat.org
• International Telecommunications Union: ITU
• Based in Geneva
• Oldest UN Body
  – Predates the UN and League of Nations
  – “On 17 May 1865, after two and a half months of arduous
    negotiation, the first International Telegraph Convention was
    signed in Paris by the 20 founding members, and the
    International Telegraph Union (ITU) was created” – source:
    ITU.

                   Introduction to International Space Law
                              www.mansat.org
          ITU Membership
• Only Sovereign Nation States Can Be
  Members
• Only Members Can Vote
• UN Outer Space Treaty : 96 States Ratified,
  27 Signed.
• ITU: 184 Members


               Introduction to International Space Law
                          www.mansat.org
               ITU Purpose
• To Prevent Harmful Interference
• To Prevent Conflict
• To Keep Lines of Communication Open




                 Introduction to International Space Law
                            www.mansat.org
             ITU Organization
• Secretary General
• Council
   – 25% of all Member States (Currently 46 Members of Council)

• 1989, ITU streamlined into three Sectors:
   – Telecommunication Standardization (ITU-T)
   – Radiocommunication (ITU-R)
   – Telecommunication Development (ITU-D).



                   Introduction to International Space Law
                              www.mansat.org
                            ITU-R
• ITU Radiocommunication Sector (ITU-R)
• Radiocommunication Sector charged with
  – “determining the technical characteristics and operational
    procedures for a range of wireless services. The Sector also
    plays a role in the management of the radio-frequency
    spectrum, a finite natural resource which is increasingly in
    demand due to the rapid development of new radio-based
    services and the enormous popularity of mobile
    communications technologies”.



                   Introduction to International Space Law
                              www.mansat.org
                        ITU-R II


• Wireless Communications Systems
  – cellular and cordless phones
  – radio-based fleet management systems
  – radio and television broadcasting
  – next-generation Web-ready personal digital assistants
  – Satellite Telecommunications & Broadcast
  – navigation and global positioning systems, environmental
    monitoring and deep space research.

                  Introduction to International Space Law
                             www.mansat.org
                           ITU-R III
• Role as global spectrum coordinator
• Radio Regulations,
   – set of rules which serve as a binding international treaty governing
     the use of the radio spectrum by some 40 different services around
     the world.

• Also acts, through its Bureau, as central registrar of
  international frequency use, recording and maintaining the
  Master International Frequency Register which currently
  includes around 1,265,000 terrestrial frequency assignments,
  325,000 assignments servicing 1,400 satellite networks, and
  another 4,265 assignments related to satellite earth stations.
                      Introduction to International Space Law
                                 www.mansat.org
                   ITU Activities
• World Radio Conferences
• Regional Plenipotentiary Meetings
• Orbital Filing
• Coordination of Landing Rights




                    Introduction to International Space Law
                               www.mansat.org
    ITU & Geostationary Orbit
• Allocates all Geostationary Orbital Positions on a
  First Come, First Served Basis
• Only to Nation States
   – “The Province of All Mankind”

• Rules of Coordination established through Radio
  Regulations
• In effect, ITU Controls All Orbital Space Around
  Earth via Radio Frequencies

                   Introduction to International Space Law
                              www.mansat.org
            Geostationary Orbit



• Basis for $100 Billion industry in 2001
   – Geostationary orbits comprise the largest single segment of the
     space-based telecommunications industry.

• From an altitude of 22,300 miles, the „foot print‟ of a
  geostationary satellite is able to cover one third of the globe.
• Three such satellites positioned around the equator can cover
  the globe reaching over 98% of the world‟s population.
                      Introduction to International Space Law
                                 www.mansat.org
Orbital Revenue Cycle




     Introduction to International Space Law
                www.mansat.org
              Key Role of Geo
• No Geostationary Orbital Position, No Satellite
  Business…No Services from Space
• No Geostationary Orbital Position, No Financing
  from Banks
• No Financing from Banks, No Purchase of
  Satellite, Launch Vehicle…
• Geostationary Orbital Position Comes Before All
  Else – even determines market
   – Allocated Position and Frequencies & Landing Rights

                   Introduction to International Space Law
                              www.mansat.org
Norad Geo Belt




 Introduction to International Space Law
            www.mansat.org
Introduction to International Space Law
           www.mansat.org
 Uses of Geostationary Orbits



• Geostationary orbits are primarily used for two functions:
   – Weather monitoring
• Telecommunications & Broadcasting
   – Commercial growth is focused on:
       • DTH TV (Direct To Home: Sky TV)
       • Phone, Fax, Video, Data services
       • Mobile Communications
       • VSAT & USAT
       • Digital Radio
                         Introduction to International Space Law
                                    www.mansat.org
  How To File for a Geo Position
• Only Allocated to National Governments
• Go to National Government
   – Request Orbital Position (s)
      • US Companies (Non Governmental Entities) work through FCC
      • UK through UK Radiocommunications Agency

• Prepare ITU Paperwork
   – API, APS4

• File & Coordinate
   – First Come, First Served = Priority!
                    Introduction to International Space Law
                               www.mansat.org
                            Issues
• Fair Allocation of Geostationary Orbits
   – Developed vs. Developing Nations
      • World Radio Conferences & Teledesic

   – Paper Satellites

• Landing Rights
   – Open Skies - GATT & WTO - EU & CEPT

• Export Control



                    Introduction to International Space Law
                               www.mansat.org
             Paper Satellites
• First Come First Served
• No Limit of Number of Filings
• Everybody Filed “Just In Case”
• Swamped System for Legitimate Users
• Developing Nations Refusing to “Coordinate” with
  Real Filings in System.




                 Introduction to International Space Law
                            www.mansat.org
                Tonga & TongaSat
•   Dr. Matt Nilson created Tongasat, as an Agent of
    and in partnership with the Tongan Government,
    specifically to apply to the ITU for a variety of
    geostationary positions and frequencies over the
    Pacific Ocean.
•   Tongasat was the first to utilize such satellite
    positions and frequencies for commercial use.
     – Filed for 30 Positions and tried to find customers for
        them.

•   Started great Land Grab in Space

     – Started Problem of Paper Satellites

                          Introduction to International Space Law
                                     www.mansat.org
    Luxembourg & SES Astra
• Europe‟s first commercial satellite company.
  Partner with, and Agent of, the Luxembourg
  Government.
• SES Astra applied for geostationary positions with
  unregulated frequencies for direct commercial
  television broadcast over Europe.
• Demonstrated Value of Unregulated Frequencies
   – Added to Land Grab started by Tonga
   – Increased Problem of Paper Satellites

                   Introduction to International Space Law
                              www.mansat.org
          ManSat & Isle of Man
• First Commercial Company in World to Have Filing Rights at
  ITU
   – “Through sole and exclusive agreement, ManSat Limited is
     assisting the Isle of Man Government in the preparation of its
     orbital filings to the International Telecommunications Union (ITU)
     for all Earth orbits and associated radio frequencies with special
     focus on geostationary orbit”

• Taking Different Approach to Bypassing Issue of Paper
  Satellites – Only Filing For Real Systems.




                      Introduction to International Space Law
                                 www.mansat.org

								
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