National Regulation of Space Activities

Foreword

Preface

Acknowledgements

Contents

Contributors

About the Editor

About the Authors

1 International Space Law: A Basis for National Regulation

1.1 Introduction

1.2 Outer Space Treaty

1.3 Liability Convention

1.4 Registration Convention

1.5 Application of the Concept of the Launching State

1.6 International Telecommunication Law

1.7 Space Debris Mitigation Guidelines

1.8 Export Controls

1.9 Conclusion

2 Regulation of Space Activities in Argentina

2.1 General Philosophy and Processes of Government Regulation

2.1.1 Law-Making Processes

2.1.2 Basic Principles of National Laws

2.1.3 Organization of National Space Activities

2.2 Legal Issues Related to Launch Services (Space Transportation Systems)

2.2.1 Safety Concerns

2.2.2 Continuing Supervision

2.2.3 Argentine Space Object Registry

2.3 Legal Issues Related to Satellite Telecommunications, Including Satellite Broadcasting

2.3.1 General Satellite Telecommunications Framework

2.3.2 Licensing of Private Satellite Telecommunications Operators (Both National and Foreign)

2.3.2.1 Geostationary Satellite Services

2.3.2.2 Non Geostationary Satellites

2.4 Conclusion

3 Regulation of Space Activities in Australia

3.1 General Philosophy and Processes of Government and Legal Regulation

3.1.1 The Australian Legal System

3.1.2 Australia's Early Involvement in Space Activities

3.1.3 Space Policy in Australia

3.2 Legal Issues Related to Launch Services

3.2.1 History and Objectives

3.2.2 Broad Outline of the Legislation

3.2.2.1 Establishment of the Space Licensing and Safety Office

3.2.2.2 Launch Safety Officer

3.2.2.3 Registration

3.2.2.4 Liability

3.2.2.5 Investigations

3.2.2.6 Some (Relatively) Minor Issues Requiring Clarification

3.3 Satellite Data Distribution Policy

3.3.1 International Space-Related Agreements

3.4 Legal Issues Related to Satellite Telecommunications, Including Satellite Broadcasting

References

4 Regulation of Space Activities in Brazil

4.1 Introduction

4.2 National Space Law

4.3 Brazilian Space Law

4.4 First Phase of Brazilian Space Law

4.5 Second Phase of Brazilian Space Law

4.6 Third Phase of Brazilian Space Laws

4.7 Brazilian Launch Licensing and Authorizing Regimes

4.7.1 The Shorter Way

4.7.2 Details of the Administrative Edicts

4.7.3 Focus

4.7.4 Definitions of License and Authorization

4.7.5 Definition of Space Launching

4.7.6 Documents Required

4.7.7 Liability Issues

4.7.8 Foreign Legal Persons: Special Requirements

4.7.9 Settlement of Disputes

4.7.10 Business Plan

4.8 Regulations on Space Safety

4.9 Brazilian National General Law on Space Activities?

References

5 Regulation of Space Activities in Canada

5.1 Introduction

5.2 Constitutional Basis of Canadian Space Regulatory Regime

5.3 Organisation of Space Activities

5.4 Launch Activities

5.5 Export Controls

5.6 Satellite Communications

5.7 Remote Sensing

5.8 Human Space Activities and Microgravity Research

5.9 Military Uses of Outer Space

5.10 Canadas International Responsibility

5.11 Conclusion and Final Remarks

6 Regulation of Space Activities in France

6.1 General Philosophy and Processes of Government Regulation

6.1.1 Law-Making Processes

6.1.2 Basic Principles of National Laws

6.1.3 Organization of National Space Activities

6.2 Legal Issues Related to Launch Services (Space Transportation Systems)

6.2.1 Licensing of Launch Services Carried Out by Private Enterprises

6.2.2 Competition in Launch Services

6.2.3 National Security Concerns

6.3 Legal Issues Related to Satellite Telecommunications, Including Satellite Broadcasting

6.3.1 Licensing of Private Satellite Telecommunications Operators (Both National and Foreign)

6.3.1.1 Use of Satellite Frequencies

6.3.1.2 Provision of Telecommunications Network and Services

6.3.2 Foreign Investment

6.3.3 Competition

6.3.4 Interconnections

6.3.5 Universal Access

6.3.6 Rate Regulation

6.3.7 Content Regulation (Including Privacy)

6.3.7.1 Privacy

6.3.7.2 Content

6.4 Earth Observation Services, Including Data Processing and Distribution

6.4.1 Licensing of Remote Sensing Satellite Operators

6.4.2 Data Distribution

6.4.3 National Security Concerns

6.5 Intellectual Property and Transfer of Technology

6.5.1 Acquisition of Intellectual Property Rights

6.5.2 Mechanism for Exploiting IP Rights

6.5.3 Trade and Transfer of Technology

6.5.4 National Legal Barriers to International Transfer of Space Technology

6.6 Satellite Navigational Services

7 Regulation of Space Activities in Germany

7.1 General Philosophy and Processes of Government Regulations

7.1.1 Law-Making Processes

7.1.2 Basic Principles of National Law

7.1.3 Organization of National Space Activities

7.2 Legal Issues Related to Launch Services (Space Transportation Systems)

7.2.1 Licensing of Launch Services by Private Enterprises

7.2.2 Competition in Launch Services

7.2.3 National Security Concerns

7.3 Legal Issues Related to Satellite Telecommunications, Including Satellite Broadcasting

7.3.1 Licensing of Private Satellite Telecommunications Operators

7.3.2 Foreign Investment

7.3.3 Competition

7.3.4 Interconnections

7.3.5 Universal Service

7.3.6 Rate Regulation

7.3.7 Content Regulation (Including Privacy)

7.4 Earth Observation Services, Including Data Processing and Distribution

7.4.1 Licensing of Remote Sensing Satellite Operators

7.4.2 Distribution of Data

7.4.3 National Security Concerns

7.5 Intellectual Property and Transfer of Technology

7.5.1 Acquisition of Intellectual Property Rights

7.5.2 National Legal Barriers to International Transfer of Space Technology

7.6 Satellite Navigational Services

7.7 Summary

8 Regulation of Space Activities in India

8.1 Introduction

8.2 Decision-Making Process and International Obligations

8.2.1 Organization of and Decision-Making Process Related to Space Activities

8.2.2 International Obligations, the Constitution of India and State Practice

8.3 Legal Issues Related to Launch Services

8.3.1 Licensing of Launch Services for Private Enterprises

8.3.2 Competition in Launch Services

8.3.3 National Security Concerns

8.4 Legal Issues Related to Satellite Telecommunications and Broadcasting

8.4.1 Satellite Telecommunications

8.4.1.1 Licensing of Private Satellite Telecommunications Operators

8.4.1.2 Basic Licensing Requirements for Satellite Telecommunications

8.4.1.3 Leasing Foreign Satellite Capacity

8.4.1.4 Private Indian Satellite Systems

8.4.1.5 Telecom Service License Categories

8.4.2 Satellite Broadcasting

8.4.2.1 Broadcasting Service Licenses

8.4.2.2 License for Up-Linking from India

8.4.2.3 License for Direct-to-Home (DTH) Broadcasting Service

8.4.2.4 Content Regulation

8.4.2.5 Very Small Aperture Terminal (VSAT) Operators

8.4.2.6 Global Mobile Personal Communications Via Satellite

8.4.2.7 National Security Concerns

8.5 Legal Issues Relating to Remote Sensing/Earth Observation Satellite Services

8.5.1 The UN Principles Relating to Remote Sensing of Earth from Outer Space

8.5.2 Data Distribution Policy in India

8.5.3 National Security Concerns

8.6 Legal Issues Relating to Satellite Navigational Services

8.6.1 GPS and GAGAN

8.6.2 Indian Regional Navigation Satellite System

8.6.3 Participation in GLONASS

8.6.4 Participation in Galileo

8.6.5 International Legal Regime for GNSS

8.6.5.1 Sovereignty

8.6.5.2 Liability

8.6.6 Application of International Legal Regime to GAGAN and IRNSS

8.6.7 Current Indian Legal Regime Relating to Aeronautical Navigation Services

8.7 Intellectual Property Rights and Transfer of Technology

8.7.1 Acquisition of Intellectual Property Rights

8.7.2 Mechanism for Exploiting Intellectual Property Rights

8.7.3 Trade and Transfer of Technology

8.7.4 National Barriers to International Transfer of Space Technology

8.8 Conclusion

9 Regulation of Space Activities in Japan

9.1 General Philosophy and Process for Government Regulation

9.1.1 Law-Making Process

9.1.2 Basic Principles of National Law

9.1.3 Organization of National Space Activities

9.1.3.1 A Primary Agency to Engage in Space Development: Japan Aerospace Exploration Agency (JAXA)

9.1.3.2 Entity to Decide National Space Policy: From Space Activities Commission (SAC) to Council for Science and Technology Policy (CSTP)

9.1.3.3 Other Agencies Involved in the Development and Use of Space

9.1.3.4 Authorization and Supervision of JAXA

9.1.4 Constitutional Matters (Jurisdiction Over Space Activities) and Implementation of International Treaties in Japan

9.2 Legal Issues Related to Launch Services (Space Transportation Systems)

9.2.1 Licensing of Launch Services Provided by Private Enterprises

9.2.2 Competition in Launch Services

9.2.3 National Security Concerns

9.2.3.1 Export Control Laws and Policy

9.2.3.2 Inward Direct Investment

9.2.3.3 Peaceful Uses: From Non-Military to Non-Aggressive Uses

9.3 Legal Issues Related to Satellite Telecommunications, Including Satellite Broadcasting

9.3.1 Licensing of Private Satellite Telecommunications Operators (Both National and Foreign)

9.3.2 Foreign Investments

9.3.3 Competition, Interconnection, Universal Access, and Rate Regulation

9.3.4 Content Regulation (Including Privacy)

9.4 Earth Observation Services, Including Data Processing and Distribution

9.5 Intellectual Property and Transfer of Technology

9.6 Satellite Navigation Services

10 Regulation of Space Activities in The Netherlands

10.1 The General Background: The Netherlands and Outer Space

10.2 The Specific Background: The Netherlands and International Space Law

10.3 New Developments: The Changing Dutch Spacescape

10.4 Mircorp and New Skies Satellites

10.5 The Dutch Space Activities Act

10.5.1 Chapter 1: General Provisions

10.5.2 Chapter 2: Licences

10.5.3 Chapter 3: Registry of Space Objects

10.5.4 Chapter 4: Redress

10.5.5 Chapter 5: Enforcement

10.5.6 Chapter 6: Amendments to Other Legislation

10.5.7 Chapter 7: Concluding Provisions

10.6 The Netherlands: A New Gateway to Outer Space?

11 Regulation of Space Activities in the Peoples Republic of China

11.1 General Philosophy and Processes of Government Regulation

11.1.1 Law-Making Processes

11.1.2 Basic Principles of National Laws

11.1.3 Organization of National Space Activities

11.2 Legal Issues Related to Launch Services (Space Transportation Systems)

11.2.1 Licensing of Launch Services by Private Enterprises

11.2.2 Competition in Launch Services

11.3 Legal Issues Related to Satellite Telecommunications, Including Satellite Broadcasting

11.3.1 Licensing of Private Satellite Telecommunications Operators (Both National and Foreign)

11.3.2 Foreign Investment

11.3.3 Competition

11.3.4 Interconnections

11.3.5 Universal Access

11.3.6 Rate Regulation

11.3.7 Content Regulation (Including Privacy)

11.3.8 Intellectual Property and Transfer of Technology

11.3.8.1 Acquisition of Intellectual Property Rights

11.3.8.2 Mechanism of Exploiting IP Rights

11.3.8.3 National Legal Barriers to International Transfer of Space Technology

11.4 Other Matters

12 Regulation of Space Activities in South Africa

12.1 Introduction

12.2 General Philosophy and Processes of Government Regulation

12.2.1 Law-Making Process

12.2.2 Basic Principles of National Laws and Their Interaction with International Law

12.2.3 Organisation of National Space Law

12.2.3.1 The Space Affairs Act Act 84 of 1993. (''The Space Affairs Act'')

12.2.3.2 The Non-Proliferation of Weapons of Mass Destruction Act Act 87 of 1993. (''The Non-Proliferation Act'')

12.2.3.3 The National Conventional Arms Control Act Act 41 of 2002. (''Conventional Arms Control Act'')

12.2.3.4 The Spatial Data Infrastructure Act Act 54 of 2003. (''Spatial Data Infrastructure Act'')

12.2.3.5 The Electronic Communications Act Act 36 of 2005. (''Electronic Communications Act'')

12.2.3.6 The Astronomy Geographic Advantage Act Act 21 of 2007. (Astronomy Geographic Advantage Act)

12.2.3.7 The Technology Innovation Agency Act Act 26 of 2008. (Technology Innovation Agency Act)

12.2.3.8 The South African National Space Agency Act Act 36 of 2008. (South African National Space Agency Act)

12.3 Legal Issues Related to Launch Services (Space Transportation Systems)

12.3.1 Licensing of Launch Services Provided by Private Enterprises

12.3.2 Competition in Launch Services

12.4 Legal Issues Related to Satellite Telecommunications, Including Satellite Broadcasting

12.4.1 The Licensing of Private Satellite Telecommunications Operators, including Satellite Broadcasting

12.4.2 The Licensing Process

12.4.3 Foreign Investment

12.4.4 Competition

12.4.5 Interconnection

12.4.6 Universal Access

12.4.7 Rate Regulation

12.4.8 Content Regulation

12.4.8.1 Codes of Conduct

12.4.8.2 Local Content

12.4.8.3 TV Sports Rights

12.4.8.4 Advertising

12.4.8.5 Election Broadcasting

12.4.8.6 ''Must Carry'' Obligations

12.4.8.7 Channel Authorisation

12.5 Earth Observation Services, Including Data Processing and Distribution

12.5.1 Licensing of Remote Sensing Satellite Operators

12.5.2 Distribution of Data

12.6 Intellectual Property and Transfer of Technology

12.6.1 Acquisition and Exploitation of Intellectual Property Rights

12.6.1.1 Copyright Act

12.6.1.2 The Designs Act

12.6.1.3 Patents Act

12.6.1.4 The Trade Marks Act

12.6.1.5 The Spatial Data Infrastructure Act (''The SDI Act'')

12.6.1.6 The Intellectual Property Rights from Publicly Financed Research and Development Act (''The Intellectual Property Rights Act'')

12.6.1.7 The Technology Innovation Agency Act

12.6.2 Barriers to Trade and Transfer of Technology

12.7 Conclusion

13 Regulation of Space Activities in the Russian Federation

13.1 History and General Overview

13.1.1 Space Legislation History

13.1.2 Current Legislation

13.1.3 Hierarchy of Norms Governing Space Activities in Russia

13.2 Principles and Overview of the Current Programmes

13.3 Authorities in Charge of the Regulation of Space Activities in Russia

13.3.1 The President

13.3.2 The Government

13.3.3 The Federal Space Agency

13.3.4 The Ministry of Defence

13.4 Law on Space Activities: An Overview of the Provisions

13.4.1 Space Activities: Notion, Goals and Principles

13.4.2 Economic Conditions of Space Activities

13.4.3 Space Object: Notion, Rules Regarding Jurisdiction and Flight

13.4.4 Space Infrastructure

13.4.5 Cosmonauts

13.4.6 Licensing of Space Activities

13.4.7 Safety of Space Activities

13.4.8 International Cooperation

13.4.9 Liability

13.5 Other Laws and Regulations

13.5.1 Regulations Regarding Licensing: Procedure and Requirements

13.5.2 Regulation Regarding Acquisition, Use and Provision of Remote Sensing Data

13.5.3 Regulation Regarding the Registration of Space Objects

13.6 Conclusion

13.7 Annex

14 Regulation of Space Activities in Ukraine

14.1 General Philosophy and Processes of Government Regulation

14.1.1 Law-Making Process

14.1.2 Basic Principles of National Laws

14.1.3 Organization of National Space Activities

14.2 Legal Issues Related to Launch Services (Space Transportation Systems)

14.2.1 Licensing of Launch Services Provided by Private Enterprises

14.2.2 Competition in Launch Services

14.2.3 National Security Concerns

14.3 Legal Issues Related to Satellite Telecommunications, Including Satellite Broadcasting

14.3.1 Licensing of Private Satellite Telecommunication Operators (Both National and Foreign)

14.3.2 Competition

14.3.3 Interconnection

14.3.4 Universal Access

14.3.5 Rate Regulation

14.3.6 Content Regulation (Including Privacy)

14.3.6.1 Telecommunication Language

14.3.6.2 Time in the Area of Telecommunication

14.3.6.3 Protection of the Privacy of Telephone Communications, Telegraph and Other Correspondence, Safety of Telecommunications

14.3.6.4 Lands for Telecommunication Needs

14.3.6.5 Protection of Information About the Consumer

14.3.6.6 Protection of Consumers' Interests in Cases Where Operators or Providers Terminate Their Activities in Providing Telecommunication Services

14.3.6.7 Liability of Consumers of Telecommunication Services

14.4 Earth Observation Services, Including Data Processing and Distribution

14.4.1 Licensing of Remote Sensing Satellite Operators

14.4.2 Distribution of Data

14.4.3 National Security Concerns

14.5 Intellectual Property and Transfer of Technology

14.5.1 Acquisition of Intellectual Property Rights

14.5.2 Mechanism for Exploiting IP Rights

14.5.3 Trade and Transfer of Technology

14.5.4 National Legal Barriers to International Transfer of Space Technology

14.6 Satellite Navigation Services

15 Regulation of Space Activities in the United Kingdom

15.1 General Philosophy and Processes of Government Regulations

15.1.1 The United Kingdom Legal System

15.1.2 Background and Constitution

15.1.3 Organisation of National Space Activities

15.1.4 Law Governing Space Activity

15.2 Legal Issues Related to Launch Services (Space Transportation Systems)

15.3 Legal Issues Related to Satellite Telecommunications, Including Satellite Broadcasting

15.3.1 Law Governing Satellite Communications

15.3.2 Management of Satellite Filings by Ofcom

15.3.2.1 Background

15.3.2.2 Cost Recovery by Ofcom

15.3.2.3 Due Diligence Requirements by Ofcom

15.3.2.4 Ofcom Action When Operator Relinquishes Filing

15.3.2.5 Non-Planned Frequency Assignment

15.3.2.6 Planned Frequency Assignment

15.4 Earth Observation Services, Including Data Processing and Distribution

15.4.1 National Security

15.4.2 Database Rights

15.4.3 Privacy

15.5 Intellectual Property and Transfer of Technology

15.5.1 Copyright and Database Right

15.5.2 Technology Transfer

15.6 Satellite Navigational Services

16 Overview of the United States Space Policy and Law

16.1 Introduction

16.2 Space Policies

16.2.1 Leadership

16.2.2 Cooperation

16.2.3 Peace

16.2.4 Defense

16.2.5 Science and Technology

16.2.6 Cost-Effectiveness

16.2.7 Commercialization

16.2.8 Environmental Protection

16.3 Space Law

16.3.1 The Regulation of Satellite Communications

16.3.1.1 The First Communications Systems

16.3.1.2 Domestic Satellites

16.3.1.3 Earth Stations

16.3.1.4 Direct Broadcasting

16.3.1.5 Satellite Transponder Sales

16.3.2 Export Controls

16.3.3 The Regulation of Commercial Space Launches and Facilities

16.4 Conclusion

17 Regulation of Private Launch Services in the United States

17.1 Introduction

17.2 Launch and Reentry Licensing and Regulation

17.2.1 General Licensing Procedures

17.2.2 Post-License Monitoring and Enforcement

17.2.3 Transferring a License

17.2.4 Safety Approvals

17.2.5 Launch and Reentry Licensing

17.2.5.1 Licensing Process

17.2.5.2 Post-License Requirements

17.2.6 Launch and Reentry Site Licensing

17.3 Competition in Launch Services

17.4 Export Controls

17.4.1 Department of State Regulations

17.4.2 EAA and EAR

18 Regulation of Satellite Communications in the United States

18.1 Introduction

18.2 Licensing of Private Communications Satellites

18.2.1 Fixed Satellite Service

18.2.1.1 Non-Geostationary Orbit

18.2.1.2 Geostationary Orbit

18.2.2 Mobile Satellite Service

18.2.3 Direct Broadcast Satellite Service

18.2.4 17/24 GHz BSS Spectrum

18.2.5 Satellite Digital Audio Radio Service

18.3 Regulation of Private Communication Satellite Operations

18.3.1 General Obligations for Satellite Video Programming Providers

18.3.1.1 Public Interest Obligations

18.3.1.2 Statutory Copyright Licenses

18.3.2 General Obligations for Telecommunications Providers

18.3.2.1 Common Carrier Telecommunications Authority

18.3.2.2 Universal Service

18.4 Foreign Investment

18.5 Competition

18.5.1 FCC Policies for Encouraging Competition

18.5.2 The State of Competition for Satellite Services

19 Politics and Regulation of Earth Observation Services in the United States

19.1 Introduction

19.2 Harmonization

19.3 Data Policies

19.3.1 Data Access

19.3.2 Data Protection

19.3.3 Data Preservation

19.3.4 Data Standards

19.4 Public and Commercial Uses

19.5 National Security and Commercial Uses

19.6 Regulation and Licensing of Commercial Remote Sensing

19.7 Conclusions

20 Regulation of Global Navigation and Positioning Services in the United States

20.1 Introduction: The Global Positioning System

20.2 GNSS Availability

20.3 U.S. National GNSS Institutions

20.4 Liability Regime

20.5 Conclusion

21 State and Municipal Regulation of the Aerospace Industry in the United States

21.1 Introduction

21.2 Space Commissions

21.3 Space Commissions and Spaceports

21.4 Spaceport Regulation Independent of a Space Commission

21.5 Business Development Programs

21.5.1 Financial Assistance for a Specific Company

21.5.2 Financial Assistance for Aerospace Projects

21.5.3 Promotion of Space Business

21.5.4 Tax Incentives for Aerospace Activities

21.5.5 Regulation of Specific Aerospace Industry Segments

21.5.6 Miscellaneous Statutory References

Index