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162report states: “Consideration need to be given towhether there is a need... to set up a European GNSSRegulatory Co-ordinator” to consider standardizationfor all users.44 The Galileo report continues: “Thestandard developed could then be incorporated intoregulation by the appropriate bodies (e.g. ICAO, IMO,ISO, CENELEC, IEC, EUROCONTROL and ETSI).The Coordinator “would have an important role topromote the introduction of harmonized regulatoryperformance requirements across transport modes andbetween user groups.”43 Therefore the Galileo reportproposes establishment of “ a GNSS RegulatoryCo-ordinator to develop mandatory standards to beimplemented by all Member States to satisfy theobjectives of the Trans-European Positioning andNavigation Network.”46Within individual governments efforts are made atcoordinating GNSS standardization among thecategories of civilian GNSS users. For example, withinthe U.S. Department of Transportation, the Secretary ofTransportation seeks to coordinate and standardize thevarying GNSS uses by the aviation, maritime, highway,rail, and other civilian transportation uses. While themodal GNSS uses are divided into the FAA foraviation, the U.S. Coast Guard for maritime, theFederal Highway Administration for highways, theFederal Railroad Administration for trains and yetanother separate administration for transportation ofhazardous materials, all these administrations are underthe supervision of the Secretary of Transportation. Itbecomes the Secretary’s responsibility to seektransportation system-wide coordination andstandardization. The President also has delegated to theSecretary of Transportation to coordinate civilianGNSS use by non-transportation users.47 Thus it is theSecretary’s function to provide overall coordinationamong all the civilian users.EXPANDING GLOBAL NAVIGATION SERVICESOther governments will have similargovernment-wide efforts at coordinating GNSS.Other Legal IssuesGNSS FinancingGLONASS service is free of charge. U.S. GPS is alsofree and the United States intends to continue to providethe service free of charge. The U.S. Government hasfound that it would be difficult to assess direct usercharges. The cost of GPS services is financed eitherthrough general tax revenues (Department of Defenseand U.S. Coast Guard costs) or through airtransportation trust funds which are supported by a fueltax or value added tax.48 The Galileo service wouldinitially also be publicly funded. The possibility existsof self-financing at a later stage through a publicprivate partnership (PPP).49 As long as the U.S. GPS isfree, it will not be possible to charge for correspondingGalileo service. However, the EU envisions a charge forservice that requires a high level of guaranteedaccuracy, availability and integrity. Furthermore, ageneral tax on GNSS receivers is being considered forGalileo.50 The Europeans have experience withadministration of a charge for radio and televisionservices. (There is no corresponding experience in theUnited States and such a flat charge may not work inthe United States). Such a charge would cover allGNSS services including basic navigation service.51The tax would include the cost of maintaining Galileoafter initial establishment. Finally, a special charge forguaranteed, highly accurate and dependable GNSS48 1996 FRP, supra n. 2, at 1-2744 Id. at 2345 Id. at 2444 Id. at 2547 Supra n. 1249 Galileo, supra n. 4, at vi.50 Id at 16. The Europeans have experience with administrationof a charge for radio and television services. There is nocorresponding experience in the United States and such acharge may not work there51 Id.
EXPANDING GLOBAL NAVIGATION SERVICESprobably would require encryption in order to limitaccess.52Universal Access to GNSSThe Chicago Convention, Art 15, states the principlethat air navigation facilities provided for public useshall be accessible under “like uniform conditions” foraircraft of all contracting states. The treaty principle ofnon-discrimination has been upheld by U.S. nationalcourts.33 The principle of non-discriminatory access toair navigation assistance being well established bothinternationally and nationally, there appears to be noobjection to non-discriminatory access to GNSS. Aprecedent exists in the UNGA Resolution on remotesensing satellites which guarantees access to data onnon-discriminatory terms. The principle ofnon-discriminatory access (including access toaugmented GPS services) under uniform conditions wasadopted in the ICAO Charter on Rights and Obligationsof States Relating to GNSS Services.54A right of universal access would be compatiblewith a charge for services as long as all GNSS usersare charged uniformly. The UNGA Resolution onRemote Sensing is a precedent.55 While it provides fornon-discriminatory access it does not preclude remotesensing services from charging for their services.Selective AvailabilitySelective Availability (SA) of the GPS service deservesmention because GPS will change in the future whenSA is eliminated. GPS currently is available at twolevels of service: the Standard Positioning Service52 Galileo, supra n. 4, at 22“ Aerolineas Venezulana v. Dade Country Airport, 196054 ICAO Doc. A32-WP/24, Appendix A. See discussion ofCharter on Rights and Obligations of States Relating to GNSSServices below at VII55 Principles Relating to Remote Sensing of the Earth fromOuter Space, International Instruments of the United Nations, at305163(SPS) and the Precise Positioning Service (PPS). TheSPS is available world-wide free of user charges. SPSprovides positioning accuracy of 100 metershorizontally and 156 meters vertically and time transferaccuracy to Coordinated Universal Time within 340nanoseconds. The more accurate PPS is available toU.S. government and to other governments (for civilianand military uses) through special agreement with theDepartment of Defense. It provides the most accuratedirect positioning, velocity, and timing informationcontinuously available from the basic GPS. It providespredictable positioning accuracy of at least 2 2 metershorizontally and 27.7 meters vertically and time transferaccuracy to Coordinated Universal Time within 200nanoseconds.56 The purpose of this difference in qualityof service is to provide an advantage to the militaryusers and to deny such advantage to others. SAevidences the military origin of GPS.The end of SA was announced in the 1996 U.S.Presidential Decision Document (PDD) stating that theSA will be terminated and that the more accurate GPSservice will become available to the civilians users assoon as military technology enables the military toobtain the equivalent of the SA advantage in differenttechnical ways. For that purpose, each year beginningin the year 2000, the President will evaluate whetherSA can be eliminated. The PDD decided that SA will beturned off at the latest in the year 2006.57 Related to thePDD, U.S. Vice President Gore announced on 30March, 1998 that a second civilian signal will beprovided by GPS. The Vice President announced thatthe United States will provide the second civilianfrequency by the year 2005. The new signal will bebuilt into the next generation of GPS replacementsatellites (Block IIF satellites). Vice President Gorefurther announced: “GPS civil signals are, and willcontinue to be, provided free of charge to consumers,businesses and scientists around the world.” Yet a thirdsignal dedicated to safety-of-life will also be madeavailable by the year 2005,58 This means that “civilianssoon will have access to the same type of capability [as56 SPS accuracy is increased greatly by GNSS augmentation57 Supra n. 1258 Supra n. 36
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ST/SPACE/2Office for Outer Space Af
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SESSION ONEExisting United Nations
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EXISTING UNITED NATIONS TREATIES: S
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48low earth orbit. This commercial
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SESSION FOURExpanding Global Remote
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220Session 3: Wednesday. 21 July. 1
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223Annex IITHIRD UNITED NATIONS CON
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