Electronic Proceedings - United Nations Office for Outer Space Affairs

1.2 Landing RightsControl over Landing Rights provides States with a means to regulate competition,and safeguard their economic and cultural interests. Under the WTOTelecommunications Annex, satellite services can be excluded from the requirementto open the market to foreign operators. Many States that ratified the Annex madereservations in relation to satellites 12 .The Landing Right regime is further implemented through earth station licensing.These licences will specify that earth stations can only be connected with authorisedsatellites, namely those granted Landing Rights.1.3 Liability IssuesStates bear international responsibility and liability for national space activities 13 .They pass-on these liabilities to private entities conducting space activities, such asoperating communication satellites 14 . Although the liability of the State is unlimited,to pass-on such liability to private entities can discourage their participation insatellite communications. Some States will limit the liability of the private entity toencourage investment in the satellite sector 15 .1.4 Earth SegmentConsiderations relevant to regulation of the Earth Segment are largely similar to thoseapplicable to terrestrial wireless systems. The main distinction is the connection between theEarth Segment and the Space Segment.In most States the licensing regime regulates the operation or running 16 oftelecommunication systems or the provision of telecommunications services. Someregimes require authorisation of construction and ownership of the system. Butwhatever means are used by a State to restrict or control communications activities, thescope of regulation does not extend beyond the jurisdiction of the State. Therefore, theState will normally only regulate activities that take place or systems that are locatedwithin its territory 17 .Regulation is effected through licensing. There are two types of licence, individual andgeneral or class licences. Individual licences are given for larger systems where theState intends to control operation of the system, for example to mandate interconnection12Patrick-André Salin, Satellite Communications Regulations in the 21 stNijhoff, 2000, p 83.Century, Martinus1314151617For a discussion of the nature of such liability see Sa’id Mosteshar, International Liability ForDamage: Proposed Solutions for the Era of Commercial Space Activity, in Liber Amicorumfor Karl-Heinz Boeckstiegel, ZLW, 2001.Outer Space Treaty of 1967, Articles VI & VII; Liability Convention of 1972, Article I.The UK probably has the worst liability regime in this respect. The US limits private liability.In the United Kingdom see Telecommunications Act 1984, Section 5(1).See Paragraph 1.1 above.313