Electronic Proceedings - United Nations Office for Outer Space Affairs

Although India does not have a specialized Natio nal Space Law, it does have“NORMS, GUIDELINES AND PROCEDURES FOR IMPLEMENTATION OF THEPOLICY FRAMEWORK FOR SATELLITE COMMUNICATIONS IN INDIA” which werepronounced in the year 1999 by the Government, after being approved by the Indian Cabinet.These broadly consists of:1. NORMS, GUIDELINES AND PROCEDURES CONCERNING ALLOWINGINDIAN PARTIES TO PROVIDE SERVICES INCLUDING UPLINKING OF TVSIGNALS WITH INDIAN SATELLITES.2. NORMS, GUIDELINES AND PROCEDURES REGARDING USE OF INSATCAPACITY BY NON-GOVERNMENTAL PARTIES.3. NORMS, GUIDELINES AND PROCEDURES REGARDING ESTABLISHMENTAND OPERATION OF INDIAN SATELLITE SYSTEMS.4. NORMS, GUIDELINES AND PROCEDURES REGARDING USE OF FOREIGNSATELLITES.SPACE ACTIVITIES IN THE PIPELINE AFTER PRONOUNCEMENT OF NORMS,GUIDELINES AND PROCEDURESWith the pronouncement of the above norms, guidelines and procedures by theGovernment for satellite communication, broadcasting and direct-to-home TV channels, themarket for telecommunication satellite and related services now holds vast potential.Under this policy, private sector service providers are encouraged to own and operate acommunication satellite. Antrix is exploring the possibilities of the manufacture and supply oftelecommunication satellites, facilitating augmentation transponder capacity under the INSATsystem for commercial use and necessary clearances for service providers, offeringconsultancy services for procuring, launching, operating and maintenance of communicationsatellites. Technical consultancy is being provided to a few Indian companies for satelliteprojects aimed at owning and launching a satellite into an Indian orbital slot. A Memorandumof Understanding (MOU) has also been signed with Videsh Sanchar Nigam Limited (VSNL)(a government owned company for international telephony) for collaboration to buildcommunication satellite transponder capacity for use in all satellite-based services, as well asmarketing to service providers. This MOU will enable Antrix and VSNL to converge on therequirements of a satellite that would ideally serve the multi-service requirements of VSNLand its customers and is expected to lead to a coordinated augmentation of the satellitecapacity as early as possible.SKELETAL PROVISIONS IN NORMS, GUIDELINES AND PROCEDURESGROSSLY INSUFFICIENT FOR EXPECTED ACTIVITIESThe provisions, as pronounced by the Government in the above guidelines, are veryskeletal in nature and, in fact, can be at best termed as a “stop gap arrangement”, which isanything but adequate to cater to the already multi-dimensional and ever growing privatesector activities of India. These can neither act as an effective control over the privatesector’s space activities as required by international space law, nor can they act as aform of guarantee to inspire confidence in the prospective private sector clients. Asalready discussed above, it is in the national interest of India that maximum opportunity isprovided to the private sector to invest in as many space activities as can be permitted,keeping in view defense and internal security requirements. It is also noteworthy to mention417