Electronic Proceedings - United Nations Office for Outer Space Affairs

2. SPECTRUM MANAGEMENTStates have an international obligation 22 and a national interest in ensuring that radiofrequencies are efficiently used and that their use does not cause harmful interferencebetween systems. The same considerations apply to frequency assignments forsatellite services as to terrestrial systems. However, the fact that satellites are inspace and that their transmission footprints often span more than one State presentssome additional issues.2.1 Domestic SatellitesSome satellite systems transmit to only one State and are for domestic use within theState of registration, giving the State jurisdiction over the satellite 23 .In these cases the State has more scope than in the case of international satelliteservices to determine the frequency policy and assignments 24 . Many governmentsadvocate or have instituted spectrum pricing as a means of achieving spectrum useefficiency. The underlying premise is that by charging an “appropriate” fee forspectrum, entities will be given the incentive to make better use of spectrum in bandswhere there is strong demand. This approach has been applied to domestic satellitesystems, but not yet to international systems 25 .2.2 International SatellitesThe orbital and frequency assignments to an international satellite affect not justcommunications within the assigning State, but in all States in which the satelliteprovides communication services. The majority of communication satellites areauthorised and licensed by the Federal Communications Commission of the UnitedStates, FCC. However, their services are provided across the world. In effect theexercise of jurisdiction by the FCC limits the licensing authority of the individualStates involved; at least in so far as the space segment is concerned. But the licensingState’s obligation to co-ordinate with other affected States 26 gives those States anopportunity to influence the spectrum assignment for the international satellite.The obligation to co-ordinate makes it more difficult for the licensing authority grantingauthorisation to pursue entirely national interests. Some have argued that auctioningspectrum and orbital slots is contrary to the Outer Space Treaty 27 , to the extent that it2223242526Under the ITU Radio Regulations.For example, EchoStar VII, serving the United States has a footprint extending to ContinentalU.S., Hawaii, Alaska and Puerto Rico.This is subject to the requirements of the ITU and the international spectrum regime.Mexico is an example of a State that has auctioned satellite spectrum for its domesticsatellites. It has refused to rule out its application to international systems.ITU Radio Regulations.27Outer Space Treaty, Articles I and II.315