Electronic Proceedings - United Nations Office for Outer Space Affairs

Whether one agency deals with both spectrum and operating licences is a matter ofpreference for the government 6 . If broadcasting and telecommunications are dealtwith by separate agencies, it may make sense to have a third agency to handlespectrum management for both activities. Private operators prefer to have one pointof contact for their regulatory obligations and to minimise form-filling andapplication processes. Therefore, they are likely to favour a single agency.The cost of regulation and enforcement is usually recovered through licence fees.Most regulatory agencies charge initial fees for each licence or assignment, combinedwith annual charges. Such charges are intended to recover the cost of operating theregulatory agency or agencies. Part of the cost of running the regulatory body isassociated with monitoring the activities of operators and enforcing the law, includinglicence conditions. Obviously, there is a base cost associated with licensing andenforcement activities, with a variable element linked to the number of operators inthe market.5. ROLE OF SIGNATORYHistorically, access to space segment capacity of international satellite organisationssuch as INTELSAT, INMARSAT and EUTELSAT, was only through the Signatoryof these organisations, typically the PTO, which had exclusive access to the spacesegment capacity. With the advent of direct access, enabling non-signatories ormembers of these organisations to access capacity directly, the Signatory no longerplays a central role in accessing space segment capacity by non-members.However, it is worth noting that should there be exclusivity of access to spacecapacity through one entity only 7 , such entity should be non-operating andindependent of any operator. There will typically be a requirement that capacity beallocated on a non-discriminatory basis.BPOLICY AND REGULATORY CONSIDERATIONSThe object of regulation is to ensure interoperability, and to avoid harmful interference, topromote economic development, and to safeguard national interests, including social andcultural. Regulation is instituted in the context of and in conformity with international rulesand obligations.1. REGULATION OF SYSTEM1.1 Space SegmentThere are two distinct parts of a satellite communication system susceptible togovernment regulation. They comprise the satellite network itself, including itstracking, telemetry and control (TT&C) (“Space Segment”), and the terrestrial67In the UK two separate agencies, the DTI (with OFTEL advice) issues licences and theRadiocommunications Agency deals with frequency assignments. In the US the FCC dealswith both.Such rules may exist in respect of regional satellite systems.311