Space and Satellite Communications Law. Radio Regulations and Procedures

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3rd Luxembourg Workshop on Space and Satellite Communications Law Radio Regulations and Procedures in Cases of Harmful Interference Mitsuhiro Sakamoto Space Services Department Radiocommunication Bureau Luxembourg June 2014 BR / SSD / SNP 1

Topics 1 ITU/BR 2 CS/CV in relation with Harmful Interference 3 RR in relation with Harmful Interference 4 RR in case of Harmful Interference 5 BR actions in case of Harmful Interference (Space) 6 ITU actions taken to prevent Harmful Interference (Space) 7 Statistics relating to Harmful Interference (Space) 2

ITU in brief Founded on 17 May 1865 5 Elected Officials Mr. François Rancy Director, Radiocom. Bureau (BR) 193 Member States > 700 Sector Members, Associates & Academia Leading United Nations Agency for ICTs HQ in Geneva, Switzerland www.itu.int 3

Radiocommunication Sector in brief Strategic Goals: GOOD QUALITY AND LESS COSTLY EQUIPMENT MORE FAVORABLE INVESTMENT ENVIRONMENT (CLEAR & STABLE ) In other words: I. International Regulations II. Global Standards & Guidelines III. Assistance to administrations Interference-free operation Maximize Quality of Service Prevents loss of investment, customers and revenue by minimizing unusable satellite capacity due to interference 4

Purposes of the Union ITU Constitution, Article 1 The Union shall effect allocation of bands of the radio-frequency spectrum, the allotment of radio frequencies and the registration of radio frequency assignments and, for space services, of any associated orbital position in the geostationarysatellite orbit or any associated characteristics of satellite in other orbits, in order to avoid harmful interference between radio stations of different countries. (CS11) The Union shall coordinate efforts to eliminate harmful interference between radio stations of different countries (CS12) 5

ITU Constitution, Article 45 All stations must be established and operated in such a manner as not to cause harmful interference to the radio services of other member states or recognized operating agencies or other duly authorized operating agencies, which carry on a radio service, and which operate in accordance with the provisions of the Radio regulations. (CS197) Each Member State is responsible to ensure that the stations licensed (RR Art-18) by them (CS 198) shall not cause harmful interference to radio services of other member states 6

ITU Constitution, Article 45 Further, the Member States recognize the necessity of taking all practicable step to prevent the operation of electrical apparatus and installations of all kinds from causing harmful interference to the radio services or communications (CS199) Harmful interference is not caused only from Radiocommunication - From Electronic apparatus and installations of any kind RR No.15.12 - From Industrial, Scientific and Medical Applications (ISM) RR No. 15.13 7

Radio Regulations: Intergovernmental Treaty legal bindings on all Member states, governing the use of spectrum/orbit resources by administrations (CS31) Define the right and obligation of Member States in respect of the use of these resources Mechanism to facilitate rational, efficient and economical use and equitable access Mechanism to ensure interference-free operation Updated every 3-4 years by World Radiocommunication Conference, (WRC) 8

Radio Regulations: Some key provisions to control interference in Space Services: Principles of use of orbit/spectrum Preamble Allocation of frequency bands to services Art. 5: Table of Frequency Allocations Coordination Procedures and Plans Art. 9: Coordination Procedure of satellite networks AP 30, AP30A, AP30B: BSS and FSS plans Right to international recognition Art. 11: Notification Procedure of satellite networks Art. 13.2: Request for assistance in case of Harmful Interference (HI) Art. 13.6: BR request Adms clarifications about recorded assignments Operational rules and limits Art.21: Sharing Scenario between Space and Terrestrial systems (limits on PFD, eirp, minimum elevation angle, etc ) Art.22: Sharing scenario between GSO, NGSO (limits on epfd, station keeping, pointing accuracy, off-axis eirp density on Earth Stations ) 9

Article 1 : Definition (harmful interference) 1.169 harmful interference: Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with Radio Regulations (CS). - May be changed even though it is also in Annex to CS - No difference between intended or unintended - No exact level 1.167 permissible interference: Observed or predicted interference which complies with quantitative interference and sharing criteria contained in these Regulations or in ITU-R Recommendations or in special agreements as provided for in these Regulations. 1.168 accepted interference: Interference at a higher level than that defined as permissible interference and which has been agreed upon between two or more administrations without prejudice to other administrations. 10

Preventive and Corrective Provisions to avoid harmful interference Article 4 : general provisions to prevent harmful interference Article 5 : Table of Frequency Allocations individual conditions in the footnotes Articles 7,8,9,11 : coordination/notification procedures Appendices 30/30A/30B : Plans and associated procedures Sections I, II, III, IV of Article 15 : Interferences Provisions in case of harmful interference Sections VI of Article 15 : Procedure in a case if harmful Interferences Section V of Article 15 : Reports of Infringements Section I of Article 13 : Assistance by the Bureau No.7.8, No.8.5, No 11.42, 4.1.20/4.2.21D of AP30/30A 11

Articles 4 and 5 Article 4 general provisions to prevent harmful interference 4.2/4.3/4.4..to avoid harmful interference..in accordance with the Table of Frequency Allocations and other provisions of these Regulations.. except on the express condition that..shall not cause harmful interference.. Article 5 Table of Frequency Allocations individual conditions in the footnotes 5.29..shall not cause harmful interference to stations of primary services.. 5.43..a service or stations in a service may operate in a specific frequency band subject to not causing harmful interference to another service or to another station in the same service..this means also cannot claim protection.. 12

Chapter III :coordination/notification Article 8 Status of the assignment 8.1 The international rights and obligations of administrations in respect of their own and other administrations frequency assignments shall be derived from the recording of those assignments in the Master International Frequency Register (the Master Register)... 8.3 Any frequency assignment recorded in the Master Register with a favourable under No. 11.31 shall have the right to international recognition this right means that other administrations shall take it into account when making their own assignments, in order to avoid harmful interference Assignments in the MIFR have rights to be taken into account in order to avoid harmful interference Assignments have to be notified to claim international recognition protection 13

Chapter III :coordination/notification 7.8 In a case of harmful interference involving the application of the provisions of Article 15, Section VI, except when there is an obligation to eliminate harmful interference under the provisions of this Chapter, administrations are urged to exercise the utmost goodwill and mutual cooperation taking into account all the relevant technical and operational factors of the case. When there is an obligation to eliminate harmful interference under the provisions of this Chapter = No.8.5 and No.11.42 8.5 If harmful interference to assignment is in accordance with No. 11.31 is actually caused by assignment which is not inconformity with No. 11.31, the station using the latter frequency assignment must immediately eliminate this harmful interference. 11.42 Should harmful interference actually be caused by an assignment recorded under No. 11.41 to any recorded assignment which was the basis of the unfavourable finding, the administration responsible shall immediately eliminate this harmful interference. 14

Applicable provisions in RR Applicable provisions in addition to Section VI of Article 15 depending on source of harmful interference Harmful interference sauce Provisions Not in MIFR (including not within characteristics in MIFR) 4.3/8.3 15.1/15.21 15.12/15.13 In MIFR Not inconformity with provisions 4.4/8.5 Inferior categories Equal categories Art.5 Coord not required 7.8 Coord required Coord successful Coord not successful 7.8 11.42 15

Obligations of Administrations Obligations in relation with harmful interference Observe Table of Frequency Allocations and other provisions (Nos.4.2/4.3/4.4) Observe categories of service indicated in Table of Frequency Allocations and associated footnotes (Art 5) Take into account assignments in MIFR (No.8.3) together with obligation to notify an assignment which is capable of causing harmful interference (No.11.3) Eliminate harmful interference caused by assignments not inconformity with Table of Frequency Allocations and other provisions (No.8.5) and for which coordination procedures are not successfully applied (No.11.42) Even if all obligations are fulfilled, still harmful interference problems may occur Utmost good will and mutual cooperation/assistance (No.7.8 and No.15.22) 16

WRC-12 Updates Some Related Modifications to Radio Regulations: 11.41 Removal of provisional/definitive transition 11.42 Upon receiving the harmful interference report, the administration responsible for the station using the frequency assignment recorded under No. 11.41 shall immediately eliminate the harmful interference. 11.42.1 11.42A: For report : the format prescribed in Appendix 10 of the Radio Regulations Administrations involved shall cooperate in the elimination of harmful interference may request the assistance of the Bureau, shall exchange relevant technical and operational information required to resolve the issue If HI not resolved, BR reports, RRB decides (including possible cancellation) 15.21 If an administration has information of an infringement of the Constitution, the Convention or the Radio Regulations (in particular Article 45 of the Constitution and No. 15.1 of the Radio Regulations) committed by a station under its jurisdiction, the administration shall ascertain the facts and take the necessary actions. 17

In case of Harmful Interference: Section VI of Article 15 Procedure in a case of harmful interference Resolution relies on the utmost goodwill and mutual assistance among Member States(15.22) International Monitoring System can be used (15.25) Report shall be the form indicated in Appendix 10 (15.27) Cooperation in detecting the source (15.32,33) Informing the responsible administration (15.34, 36, 38) Acknowledgement (15.35) and remedial action (15.37) If persistent even after informing responsible adm, report of irregularity/infraction in accordance with provisions for reports of infringement (15.39) Informing the Bureau as necessary, in particular, in case of no satisfactory results (15.41) Possibility to request assistance of the BR in accordance with Sec1 Art.13 (15.42) 18

In case of Harmful Interference: Section 1 of Article 13 Assistance to administrations by the Bureau 13.2 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. 15.42..may also request the Bureau to act in accordance with the provisions of Section I of Article 13; but it shall then supply the Bureau with the full facts of the case, including all the technical and operational details and copies of the correspondence. Article 10 of Convention (Radio Regulation Board) 140 2 1) consider reports from the Director of the Radiocommunication Bureau on investigations of harmful interference carried out at the request of one or more of the interested administrations, and formulate recommendations with respecto 19

Reporting Cases of Harmful Interference to BR I. Letter to BR : II. For BR Information only (No.15.41), or For BR Action (No.15.42), requesting Assistance under No 13.2 of Radio Regulations information to be submitted described in: Appendix 10 to RR ITU-R Report SM.2181 If possible, Geolocation Information and Scan Plots Correspondences, if any SM.2182-Annex1-02 20

BR Actions in response to assistance request I. Letter to concerned administration(s) : II. III. Request cooperation in detecting and eliminating the source of harmful interference/preventing a reoccurrence of harmful interference Request the utmost goodwill and mutual assistance Bring the matter to the Radio Regulations Board No sanction except possible cancellation of recorded assignments in accordance with No.11.42A IV. Possible other means : If concerned administrations agree, Article 56 of Constitution (Settlement of dispute) and Article 41 of Convention (Arbitration procedure) Optional Protocol adopted during PP-Geneva-92 for the Members party to the Protocol 21

Players in ITU in relation with harmful interference -Preventive: Study Groups 4,7,1,WP-4A,WP-4B,WP-4C New REC Access Procedures for FSS GSO Occasional Use development of REC on Carrier ID JTG-4-5-6-7 Compatibility Studies between FSS and mobile (IMT) in C Band Radiocomm. Assembly -15 World Radiocomm. Conference-15 Adminitrations and the Bureau Coordination and Notification of Satellite Networks and Earth Stations, Application of the Radio Regulations Provides International Recognition and Protection -Corrective: Administrations and the Bureau Art. 15 and Appendix 10 to RR + ITU-R SM. 2181: To report a case of Harmful Interference Radio Regulations Board s Decisions/Recommendations 22

Actions being taken by ITU I. Extension of the International Monitoring System II. III. IV. Promoting the exchange of experience cooperation, co-organization and participation in related Fora Providing Assistance to ITU Members V. Development of a New Rec ITU-R S.2049. on Access Procedures for FSS Occasional Use, Transmissions to GSO Space Stations in 4/6 GHz and 11-12/13/14 GHz FSS Bands (Approved and Published on Dec. 2013) VI. VII. Development of a Potential New Recommendation on Carrier ID (Expected to be approved by Q3 2014) Possible development of an International Registry of Interference to Space Services 23

International Monitoring : RR Article 16 International monitoring 16.1 to help ensure efficient and economical use of the radio-frequency spectrum and to help in the prompt elimination of harmful interference, administrations agree to to cooperate in the continued development of the international monitoring system 16.5 Administrations shall, as far as they consider practicable, conduct such monitoring as may be requested of them by other administrations or by the Bureau. Voluntary basis Implementation of space monitoring is costly 24

International Monitoring System (IMS) RESOLUTION ITU-R 23-2 (2012) Extension of the International Monitoring System to a worldwide scale To urge Adms to participate in the IMS. To encourage cooperation between Monitoring Stations (MS) of different Adms, in particular to solve harmful interference. To promote establishment of MS in those areas where there are inadequate facilities Data supplied by IMS may be used by BR to publish summary of useful info in application of Art16 RR. To urge training btwn Adms about techniques of monitoring, direction finding and geolocation. New edition of the List of International Monitoring Stations List VIII ( Dec. 2013) 25

Sec Gen Letter 6 August 2013 Draft Cooperation agreement on procedures to place a order and pay the cost of monitoring related to space stations A possible tool to assist ITU : in performing measurements related to cases of harmful interference for which an administration is seeking the assistance of ITU (Article 15 and No. 13.2 of the ITU Radio Regulations); in cases of reported interference arising from coordination issues (Article 11, No. 11.41); and, in performing measurements to assist ITU in verifying the compliance of the technical characteristics of a space station in operation on the geostationary-satellite orbit (GSO) with the characteristics recorded in the Master International Frequency Register (MIFR) (No. 13.6 of the ITU Radio Regulations) The Radiocommunication Bureau is fully conscious of the innovative character of this approach and sensitivity: On going discussions with administrations having monitoring facilities

New REC ITU-R S.2049 ( December 2013 ) Access Procedures for FSS Occasional Use, Transmissions to GSO Space Stations in 4/6 GHz and 11-12/13/14 GHz FSS Bands. This Recommendation is intended to provide some easy-to-follow practices to enable OU operators to transmit to geostationary space stations without interfering with other users on the target satellite or with users on any other nearby satellites. Free Download: http://www.itu.int/rec/r-rec-s.2049-0-201312-i/en 27

Carrier ID I. New REC ITU-R [DIGCID] Under Development in WP4B II. Expected to be approved by Q3 2014 III. IV. Objective: To facilitate rapid identification of an interference source and reduce the time required to clear the interference that occurs unintentionally. Two Methods: a) Network Information Table (NIT) CID b) Spread Spectrum CID V. Might be included to the list of parameters of Appendix 4 to the Radio Regulations with modification to Art 19: -Needs to be proposed by Administrations to WRC 28

Latest Statistics on Interference Nature of Interference Year 2013 Regulatory 3% Unnecessary Transmission 28% Technical 17% Un- Authorized Use 24% No Coordination Unnecessary 28% Transmission 50% Jan-Apr. 2014 Technical Regulatory 13% 0% Un- Authorized Use 25% No Coordination 12% Affected Services: FSS, BSS, MSS, EESS, RNSS, ASS Affected Freq. Bands: 437 MHz 1.2 GHz 1.5 / 1.6 GHz 2.2 GHz 3/4, 5/6 GHz 10-14 GHz 17/18 GHz Statistics are based on Information and Statements provided by Notifying Administrations to the Bureau One Case of Harmful Interference Reported to BR may involve several short or long time occurrences. 29

Definitions used for Statistics Purposes Nature of Interference: 1. No coordination : It concerns all the cases of harmful interference caused by the operation of noncoordinated frequency assignments 2. Unauthorized use: Accessing transponders without having the required authorization either deliberately or by mistake 3. Unnecessary transmission: Cases of harmful interference as described in RR15.1: All stations are forbidden to carry out unnecessary transmissions, or the transmission of superfluous signals, or the transmission of false or misleading signals In case of space services, typically, it refers to harmful interference caused by a high power CW carrier. 4. Technical: Spurious emissions, excessive transmitting power, transmitting stations that are not in conformity with frequency tolerances, miss-pointing of antennas associated to earth stations, cross-polarization interference, transponder saturation, etc. 5. Regulatory: Out-of-band operations 30

Distribution and Evolution of Cases of Interf. along GSO 31 0 2 4 6 8 10-180 -172-164 -156-148 -140-132 -124-116 -108-100 -92-84 -76-68 -60-52 -44-36 -28-20 -12-4 4 12 20 28 36 44 52 60 68 76 84 92 100 108 116 124 132 140 148 156 164 172 180 2011 0 5 10 15 20-180 -172-164 -156-148 -140-132 -124-116 -108-100 -92-84 -76-68 -60-52 -44-36 -28-20 -12-4 4 12 20 28 36 44 52 60 68 76 84 92 100 108 116 124 132 140 148 156 164 172 180 2012 0 1 2 3 4 5 6-180 -172-164 -156-148 -140-132 -124-116 -108-100 -92-84 -76-68 -60-52 -44-36 -28-20 -12-4 4 12 20 28 36 44 52 60 68 76 84 92 100 108 116 124 132 140 148 156 164 172 180 2013

Summary and Key Messages: I. Mechanism in CS, RR to prevent harmful interference is working II. Procedure to resolve harmful interference relies on Member States Goodwill and cooperation III. In many cases it works! IV. Room for improvements Thank You! 32