Procedures of the United Kingdom Administration in Relation to Satellite Networks

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1 Introduction

The radio frequency spectrum and satellite orbit resources are finite and, as such, are required to be used efficiently and effectively.

The International Telecommunication Union (ITU), a Treaty based organisation under the auspices of the United Nations, places certain rights and obligations on Members that are signatories to the ITU Constitution and Convention. The ITU Radio Regulations contain procedures for the notification, co-ordination and registration of satellite space stations and networks.

This paper summarises the requirements of the United Kingdom Administration, for the notification, co-ordination and operation of satellite networks.

The UK Administration is represented by the Radiocommunications Agency (RA) in these matters.

Requests for further information regarding interpretation and implementation of these procedures should be directed to:

2 Scope

These provisions apply to satellite networks that are notified or registered with the Radiocommunications Bureau of the ITU (ITU-BR) by the United Kingdom Administration. The UK is also responsible for the formal interface between the ITU and the UK Overseas Territories. A list of the current Overseas Territories is shown in Annex I.

3 General Conditions

3.1 The applicant must establish to the satisfaction of the UK Administration that they have the required technical, financial and legal credentials to construct, launch and operate the proposed satellite system in conformity with the timescales contained within their business plan.

3.2 The application must be on behalf of a company registered in the UK (including UK Dependencies) or a UK Overseas Territory.

3.3 The Satellite Control Centre (SCC), i.e. the facility that monitors correct functioning of the key technical parameters and controls the partial or complete close down of a satellite network shall be located in the UK (including UK Dependencies) or in a UK Overseas Territory.

3.4 The SCC facility is required to be licensed; the licensing provisions shall ensure that the licensing authority has adequate regulatory control over the facility in the event of interference to other radio services. In the UK (including UK Dependencies) this requirement is covered by a Permanent Earth Station licence issued by RA under the Wireless Telegraphy Act legislation (Annex II contains further details). If the SCC is to be located in a UK Overseas Territory, similar licensing procedures are required to be in place.

3.5 Satellite networks notified or registered by the UK Administration shall be operated in conformity with the relevant international treaties to which the UK is a signatory.

3.6 The costs¹ incurred by the UK Administration in carrying out these procedures for an applicant, will be charged to the applicant at standard Civil Service rates.

3.7 Failure to fully comply with the requirements specified in this document could result in the UK cancelling satellite filings and notifications with the ITU-BR.

4 Advance Publication

Before the UK Administration will submit advance publication (Article S9 of the Radio Regulations refer) information to the ITU-BR, the applicant shall provide:

4.1 An outline business plan showing the intended sources of funding and proposed markets for the expected lifetime of the network.

4.2 A declaration of intent to comply with these provisions and to proceed expeditiously with the project, from the initial preliminary stages through to the final operational system in accordance with the envisaged timescales.

4.3 An outline schedule showing planned dates for the construction of the satellite(s) and associated ground segment facilities, together with provisional launch and operational target dates.

4.4 Completed ApS4 documentation for networks filed under Article S9 and Appendix S30 (Fixed Satellite Service) or Annex 2 information in the case of networks filed under Appendices S30 (Broadcast Satellite Services) and S30B (Fixed Satellite Service).

4.5 The name of the proposed operator(s) of the satellite network.

4.6 A written undertaking agreeing to pay the ITU processing charge² (applicable to all filings after 7th November 1998)

5 Request for co-ordination

Before the UK Administration will submit "request for co-ordination" (Article S9 of the Radio Regulations refer) information to the ITU-BR, the applicant shall provide:

5.1 A detailed project plan with key milestones clearly identified and arranged in chronological date order.

5.2 Information on the status related to the following:

5.3 A detailed statement of the projected design, build and launch costs and the lifetime operational costs.

5.4 Evidence that they have the current financial ability to meet the costs of construction and/or launch of the proposed satellite(s) and that they have the financial resources to operate the system for at least one year after launch. Supporting documentation should include a balance sheet for the current financial year together with a statement showing that the applicant has current assets and operating income or a financial plan with the appropriate market research showing the intended sources of funding and estimated revenues consistent with the business plan.

5.5 Completed ApS4³ documentation.

6 Progress Monitoring

6.1 The product milestones, identified under Section 5, shall be used as the main reference baseline against which satisfactory progress shall be monitored.

6.2 The status reports referred to under 5.2 are required to be presented to RA at regular intervals. The timetable for the delivery of status reports shall be agreed between RA and the applicant. However, the frequency of such reports will be dictated by the need to report progress on the key milestones and should include confirmation that a product deliverable has been completed or, if not, why not. In any event, notwithstanding the foregoing text, status reports shall, as a minimum, be submitted to RA on an annual basis.

7 Delegation to Applicant

7.1 The UK Administration may delegate authority to an applicant to deal directly with other administrations on all technical and operational aspects of the co-ordination of frequency assignments and orbital locations, according to the procedures of the ITU Radio Regulations.

7.2 The applicant must first demonstrate to RA's satisfaction that they have the necessary competencies to fully discharge all aspects associated with international co-ordination of satellite networks in compliance with ITU procedures. This delegation is dependent upon continued compliance with the procedures contained in this document.

7.3 A representative(s) of the UK administration may attend any co-ordination meeting where it is deemed necessary by RA, or at the request of another administration. All related costs¹ shall be met by the applicant at the standard Civil Service rates.

7.4 RA will provide suitable letters of introduction and authorisation to the relevant administration(s) concerned with a copy to the Radiocommunications Bureau.

7.5 Copies of all correspondence relevant to the co-ordination shall be sent to RA.

8 UK Overseas Territories

8.1 The UK Administration (RA) will, subject to the following conditions, delegate authority to the administration of a Overseas Territory to deal directly with other administrations on all technical and operational aspects of the co-ordination of frequency assignments and satellite orbit locations, according to the procedures of the ITU Radio Regulations.

8.2 The RA will only delegate their authority if they are satisfied that the necessary expertise is available in the Overseas Territory or that appropriate external expertise has been contracted.

8.3 Where appropriate, the administration of the Overseas Territory may authorise representatives of the applicant to assist or negotiate directly with officers of other administrations. Copies of all correspondence relevant to the co-ordination shall be sent to RA.

8.4 RA will provide any letters of introduction and authorisation to ensure that all relevant parties are aware of the delegated authority.

8.5 In the event that a Overseas Territory gains independence, notifications and registrations must either be transferred to the new administration or the applicant will be required to comply with these provisions.

9 Confidentiality

All information provided to RA will be treated on a strictly Commercial-in-confidence basis.

Footnotes

¹ An alternative procedure for recovering the cost of administering these procedures is under consideration. This is likely to take the form of a one off Satellite Registration Fee coupled with an annual spectrum management charge. However no decision on these proposals had been made at the date of this document.
² The charge is calculated after the ITU has processed the filing and thus the actual amount will not be known at the time of filing.
³ The documentation which is required is ApS4/11.
4 Following decisions at WRC 2000 [RES com 4/4 para 5] all submissions are to be completed electronically.

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ANNEX I

UK OVERSEAS TERRITORIES

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ANNEX II

Licensing Requirements

In the UK (including UK Dependencies), an SCC facility would require licensing under the Wireless Telegaphy Act. If there is interconnect with the PSTN, a licence issued under the Telecommunications Act may be required.

A licence issued under the Outer Space Act may be required by any United Kingdom (including UK Dependencies) or UK Overseas Territory national, firm or other organisation, when carrying on the following activities in the United Kingdom or elsewhere: launching or procuring the launch of a space object; operating a space object; or any activity in outer space.

A licence is not required under the Outer Space Act for: the leasing of space segment satellite capacity (transponders) from international inter-governmental satellite organisations or privately owned entities for use by the lessee or by a person sub-letting the capacity; or the utilisation of space segment capacity (transponders) using earth stations for either transmission or reception purposes. This exception does not apply to persons involved in the telemetry, tracking and control of satellites in orbit.

Applicants should consult the relevant Licensing Section if they are in any doubt about whether they need a licence.

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