2 What Is Harmful Interference? Interference can be categorized into two main groups: Unintentional interference (accidental or unwanted) Most cases I

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1 1 Interference to Satellite Systems ABA Forum on Air & Space Law Space Law: Current and Future Issues June 8, 2016

2 2 What Is Harmful Interference? Interference can be categorized into two main groups: Unintentional interference (accidental or unwanted) Most cases Intentional interference (deliberate acts) Fewer cases (but increasing in number and visibility) Unintentional interference: Human error (poor installation, etc.) Technical in nature (adjacent satellite, equipment failure, terrestrial services, etc.) Intentional interference: Jamming Carriers, often unmodulated, that do not carry any identification or transmit any information and prevent a signal from being transmitted Unauthorized access -- Carriers that carry content and are transmitted without any prior contract/authorization from the satellite operator (e.g., piracy)

3 3 Assumptions Underlying the ITU Regulatory Regime Member States will fulfill their obligations in good faith No need for sanctions on violators Member States have sufficient and appropriate human and technical resources to determine the source and prevent harmful interference No need for international monitoring system Member States will cooperate with each other in good faith to resolve cases of harmful interference No need for a formal system to settle interference disputes Emphasis on the need to resolve harmful interference when they happen by eliminating the interference

4 4 Harmful Interference and the ITU Member States are under obligation not to cause harmful interference: To this end, the Union shall in particular: (a) effect allocation of bands of the radio-frequency spectrum, the allotment of radio frequencies and the registration of radiofrequency assignments and, for space services, of any associated orbital position in the geostationary-satellite orbit or of any associated characteristics of satellites in other orbits, in order to avoid harmful interference between radio stations of different countries; (b) coordinate efforts to eliminate harmful interference between radio stations of different countries and to improve the use made of the radio-frequency spectrum for radiocommunication services and of the geostationary-satellite and other satellite orbits. (ITU Constitution, Art. 1, No. 2 (a) and (b) (emphasis added)) Permissible interference is accepted, but Member States are under obligation not to use unnecessary transmission power that might cause interference

5 5 Harmful Interference and the ITU (cont.) Undertaking of Member States: 1. All stations, whatever their purpose, must be established and operated in such a manner as not to cause harmful interference to the radio services or communications of other Member States or of recognized operating agencies, or of other duly authorized operating agencies which carry on a radio service, and which operate in accordance with the provisions of the Radio Regulations. (...) 3. Further, the Member States recognize the necessity of taking all practicable steps to prevent the operation of electrical apparatus and installations of all kinds from causing harmful interference to the radio services or communications mentioned in No. 197 above. (ITU Constitution, Art. 45 (emphasis added)) All stations are forbidden to carry out unnecessary transmissions, or the transmission of superfluous signals, or the transmission of false or misleading signals, or the transmission of signals without identification ( ) (Radio Regulations Art (emphasis added)) Transmitting stations shall radiate only as much power as is necessary to ensure a satisfactory service (Radio Regulations Art (emphasis added))

6 6 What Can the ITU Do about Harmful Interference? Member States are under obligation to eliminate, and to cooperate with others in the elimination of, harmful interference Responsibility of Administrations Not to Cause Harmful Interference: All stations, whatever their purpose, must be established and operated in such a manner as not to cause harmful interference to the radio services or communications of other Members or of recognized operating agencies, or of other duly authorized operating agencies which carry on a radio service, and which operate in accordance with the provisions of these Regulations. (Radio Regulations Art. 0.4 (emphasis added)) Responsibility of Administrations Not to Make Frequency Assignments that Can Cause Harmful Interference: Member States undertake that in assigning frequencies to stations which are capable of causing harmful interference to the services rendered by the stations of another country, such assignments are to be made in accordance with the Table of Frequency Allocations and other provisions of these Regulations. (Radio Regulations Art. 4.2 (emphasis added))

7 7 What Can the ITU Do about Harmful Interference? (cont.) Right to protection against harmful interference is available only for frequency assignments that are properly recorded and operate in accordance with the ITU Radio Regulations International Recognition of Frequency Assignments: Any frequency assignment recorded in the Master Register with a favourable finding under No shall have the right to international recognition. For such an assignment, this right means that other administrations shall take it into account when making their own assignments, in order to avoid harmful interference. (Radio Regulations Art. 8.3 (emphasis added)) Assistance to Administrations in Resolving Cases of Harmful Interference: When an administration has difficulty in resolving a case of harmful interference and seeks the assistance of the Bureau, the latter shall, as appropriate, help in identifying the source of the interference and seek the cooperation of the responsible administration in order to resolve the matter, and prepare a report for consideration by the Board, including draft recommendations to the administrations concerned. (Radio Regulations Art (emphasis added))

8 8 What Can the ITU Do about Harmful Interference? (cont.) Procedure in Cases of Harmful Interference: It is essential that Member States exercise the utmost goodwill and mutual assistance in the application of the provisions of Article 45 of the Constitution and of this Section to the settlement of problems of harmful interference. (Radio Regulations Art (emphasis added))

9 9 Procedures to Address Harmful Interference First Step Locate the origin of the interference (geolocation) Second Step Send a complaint to the administration where the interference originates Third Step? This is where the process breaks down!

10 10 Can Intentional Interference Be Solved? Cases of intentional Interference ( jamming ) are driven by political considerations and are on the rise ITU has mandates and procedures to address and deal with harmful interference, but reporting and resolving these cases requires the goodwill and mutual assistance of sovereign states Assumption is that all administrations are (a) able to control emissions originating from their territories, and (b) will cooperate to resolve cases of interference Intentional interference challenges one or both of these assumptions ITU has no competence to verify the actions of, or to impose sanctions on, sovereign states

11 11 Can Intentional Interference Be Solved? (cont.) Proposed solutions include: Political pressure ( blame and shame approach) Technical solutions International monitoring and regulatory mechanism

12 12 Conclusions Harmful interference is contrary to ITU principles and puts large investment in satellite communications at risk Most of the interference cases are caused by human/technical errors and are easily resolved once the source of the interfering signal is determined While it is important to resolve interference once it occurs, it is more desirable to avoid and reduce the number of interference cases Technical solutions are being developed to resolve interference: Geolocation Carrier ID Data Sharing (Space Data Association) Technical training Improvements in transmission technology (satellite and ground terminals) While a minority of the cases at present, intentional interference gives rise to international controversies and is not easily solved