New and Alternative Means for Safeguarding the Efficient Use of Spectrum Resources for Satellite Communications

Abstract

Access to the global orbit/spectrum resources - the geostationary orbit and radio frequencies - is regulated on a worldwide level through internationally binding treaties. These are the Constitution and the Convention of the International Telecommunication Union and the corresponding Radio Regulations. The ITU instruments have served well through the years and have proven effective and valuable. In more recent times, however, there is a distinct attempt to address the issues related to efficient spectrum utilisation via other, soft law or non-legal means. Why has this happened? The development of such instruments and rules was most recently debated in the international arena during the fifty-third session of the Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space in Vienna from 24 March to 4 April 2014. While some states expressed concerns with these parallel developments and advocated for the strengthening of binding legal norms as the most viable solution for safeguarding, utilising and protecting the “province of all mankind,” 1 the fact in itself that an alternative ‘system of governance’ has emerged is worthy of further examination and elaboration. This chapter aims to demonstrate and analyse a selection of the most relevant and effective alternatives. Thus it focuses on two soft law instruments: the new proposal put forward by the ITU for concluding cooperation agreements with administrations and organisations possessing monitoring capabilities, and the proposal of the European Union for a Code of Conduct for Outer Space Affairs. In contrast and in addition to that, it also 196examines important non-legal industry initiatives for combatting harmful interference within the orbit-spectrum resource, such as the provision of training opportunities, quality control, equipment standardisation and the introduction of carrier ID. Such parallel developments may turn out to be a very efficient means for addressing the greater demand for orbit/spectrum resources in an area which develops extremely quickly from a technological perspective, but where treaty-making is a slow and laborious process.