Efficient use of satellite spectrum and approximation of national spectrum fees

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1 Federal Office of Communications (OFCOM) Frequency Management Division BR Workshop on the efficient use of the spectrum/orbit resource Efficient use of satellite spectrum and approximation of national spectrum fees 6 May 2009

2 Permanent sovereignty over natural resources International law principle Peoples and nations have permanent ownership of and control over their natural wealth and resources General Assembly Resolution 1803 (XVII) of 14 December 1962, "Permanent sovereignty over natural resources Radio spectrum is a scarce natural resource Finite natural resource Can neither be created nor be destroyed Radio spectrum is a public good Rivalrous and non-excludable good ( common good in economics) 2

3 United Nations 1967 Space Treaty Overarching principle: both space and celestial bodies are not subject to national appropriation Outer space is res communis (or res nullius) Definition/delimitation of outer space? Beyond «air space»? Lower boundary at 100 km (plus minus 10 km) above sea-level? etc. If appropriate, how to ensure a sustainable management, use of scarce resources in space? Administrations have no jurisdiction over these resources (beyond the vaguely delimited boundary) Scope for action by International Organisation(s)? 3

4 ITU Constitution & Radio Regulations Article 44 Constitution & No. 0.3 Preamble RR radio frequencies and the geostationary-satellite orbit (GSO) are limited natural resources their use should be rational, efficient and economical Nature of the rights of administrations in Space Plans or emanating from coordination/notification procedures? Administrations curtail their sovereign rights (i.e. no previously inexistent rights created no property rights on part of GSO) ITU is a Specialized Agency in the United Nations system Responsibilities with respect to the GSO : Legal Subcommittee of COPUOS policy issues? ITU technical aspects? 4

5 Consequential impact on national licensing policies for spectrum access If applicable, jurisdiction over space object Outer space Air space? Licensing of spectrum use makes possible licensing of up- and downlink Licensing of radio equipment allows only for licensing of uplinks 5

6 Licence fees for satellite services in the CEPT (October 2001) Trigger for the survey: Great variety of spectrum pricing policies within CEPT very diverse fees applying and diffuse explanations for the variety very difficult to compare fees (great diversity of criteria for the fee calculation) Satellite industry deemed satellite services non-competitive because of wide variety of licensing regimes height of fees Observations based on the replies to the questionnaire: Spectrum-related fees are charged in all CEPT administrations (but using different principles) No administration where the fees for all the systems are generally low or high (there were however a few countries where the fees overall were deemed very reasonable) 9

7 Recommendations in ERC Report 108 CEPT member states were encouraged to take a common approach to satellite fees reduce number of fees charge fees based on common and transparent principles simplify and harmonise methods and criteria for calculation of spectrum-related fee eventually, harmonise the types of fees charged Outcome: several administrations started internal investigations on their fees, the criteria for calculations, and their height 12

8 Approximation of models for satellite spectrum fees : A case for ITU? National spectrum fees may be one of the potential instruments guaranteeing efficient use of satellite spectrum Satellite services are regional or global detrimental effect of inordinate spectrum pricing policies by administrations A coordinated approach with respect to models for satellite fees could lead to a more efficient use of satellite spectrum globally and facilitate cost estimations by satellite operators ITU may provide an excellent platform for discussions on models for satellite spectrum fees Study and suggest calculation methods and criteria Undertake benchmarking, i.e. compare spectrum models applied by administrations for comparable satellite services 13

9 Thank you for your attention 14