The recent growth of non-geostationary orbit (NGSO) satellite constellations has raised new issues for policymakers and regulators to explore and tackle at various levels, including national, regional, and global. This spans a wide range of topics related to radio spectrum and Earth orbits, including policy and regulatory aspects to preserve those two scarce natural resources as well as the management of an interference-free environment for network operations, market access and emerging business models.
NGSO satellite constellations, also known as megaconstellations, are large groups of satellites orbiting the Earth at altitudes much lower than traditional geostationary (GEO) satellites. These constellations aim to provide global broadband internet access and other connectivity services. Several companies, such as SpaceX, OneWeb, Amazon, and Telesat, are currently deploying or planning to deploy thousands of satellites in low Earth orbit (LEO) and medium Earth orbit (MEO).
Radio Spectrum and Orbital Resources
One of the main challenges in regulating NGSO satellite constellations is the management of radio spectrum and orbital resources. The radio spectrum is a finite natural resource, and the increasing number of satellites in orbit leads to potential interference issues. The International Telecommunication Union (ITU), a United Nations agency, is responsible for the global management of the radio spectrum and satellite orbits.
The ITU allocates frequency bands for different services, including satellite services, and coordinates the use of these frequencies to avoid harmful interference. However, the current regulatory framework was designed for a smaller number of satellites and may not be well-suited for the large-scale deployment of NGSO constellations.
To address this issue, the ITU has been working on updating its regulations. At the World Radiocommunication Conference in 2019 (WRC-19), the ITU adopted new rules for the deployment of NGSO constellations, including a milestone-based approach to ensure that the Master International Frequency Register (MIFR) reflects the actual deployment of these systems.
Interference Management
Another critical aspect of regulating NGSO satellite constellations is the management of interference. With thousands of satellites orbiting the Earth, the risk of interference between systems increases significantly. This interference can occur between NGSO constellations themselves, as well as between NGSO and GEO satellites, and between satellite and terrestrial systems.
To mitigate interference, NGSO operators must coordinate with each other and with other satellite and terrestrial systems. The ITU has established coordination procedures to facilitate this process, but the increasing number of systems makes coordination more complex and time-consuming.
In addition to coordination, NGSO operators can employ various techniques to reduce interference, such as using directional antennas, dynamic spectrum sharing, and advanced signal processing. However, these techniques may not be sufficient to eliminate all interference, particularly as the number of constellations grows.
Orbital Debris Mitigation
The deployment of large NGSO constellations also raises concerns about orbital debris. As the number of satellites in orbit increases, so does the risk of collisions, which can generate debris that poses a threat to other satellites and spacecraft.
To address this issue, the ITU and other international organizations have developed guidelines for orbital debris mitigation. These guidelines include requirements for satellite design, such as the use of materials that will burn up upon re-entry, and operational practices, such as deorbiting satellites at the end of their life.
NGSO operators must comply with these guidelines and demonstrate their ability to safely manage their constellations. Some countries, such as the United States, have also implemented their own orbital debris mitigation regulations, which may be more stringent than international guidelines.
Market Access and Competition
The deployment of NGSO constellations also has implications for market access and competition. These systems have the potential to provide global broadband coverage, including in areas that are currently underserved or unserved by terrestrial networks. This could help bridge the digital divide and promote economic development in these regions.
However, the high cost of deploying and operating NGSO constellations may limit market entry to a few large companies, potentially leading to a lack of competition. Regulators may need to consider measures to promote competition, such as requiring NGSO operators to provide wholesale access to their networks or reserving spectrum for new entrants.
Another issue related to market access is the licensing of NGSO constellations. Countries have different approaches to licensing these systems, ranging from a single global license to individual licenses for each country. This fragmented approach can create challenges for NGSO operators seeking to provide global services.
To address this issue, some countries have established streamlined licensing processes for NGSO constellations, such as the United States’ “one-stop shop” approach. The ITU has also been working on developing a global licensing framework for NGSO systems, although this effort is still in the early stages.
Emerging Business Models
The deployment of NGSO constellations is also enabling new business models and applications. In addition to providing broadband internet access, these systems can support a wide range of services, such as Earth observation, remote sensing, and Internet of Things (IoT) connectivity.
These emerging applications may require different regulatory approaches than traditional satellite services. For example, Earth observation and remote sensing services may raise privacy and national security concerns, requiring additional oversight and regulation.
IoT connectivity, on the other hand, may require a more flexible and streamlined regulatory approach to accommodate the large number of devices and the need for low-latency, high-reliability communications. Regulators may need to adapt their frameworks to support these new business models while ensuring that they do not interfere with other services or pose risks to public safety and security.
International Cooperation
Given the global nature of NGSO satellite constellations, international cooperation is essential for their effective regulation. The ITU plays a central role in this regard, providing a forum for countries to negotiate and adopt international regulations for the use of the radio spectrum and satellite orbits.
However, the ITU’s decision-making process can be slow and complex, as it requires consensus among its 193 member states. This can make it challenging to keep pace with the rapid development of NGSO constellations and the emerging issues they raise.
To complement the ITU’s work, countries and regions are also establishing their own cooperative mechanisms. For example, the United States and the European Union have established a bilateral dialogue on satellite communications, which includes discussions on NGSO constellations. The Asia-Pacific Telecommunity (APT) has also established a working group on NGSO systems to promote regional cooperation and harmonization.
Conclusion
The deployment of NGSO satellite constellations presents a range of regulatory challenges that require a coordinated and adaptive approach from policymakers and regulators at the national, regional, and global levels. Managing radio spectrum and orbital resources, mitigating interference, ensuring orbital debris mitigation, promoting market access and competition, supporting emerging business models, and fostering international cooperation are all critical aspects of this effort.
As NGSO constellations continue to evolve and expand, regulators will need to balance the benefits of these systems, such as global connectivity and new services, with the need to ensure the sustainable and equitable use of space resources. This will require ongoing dialogue and collaboration among all stakeholders, including NGSO operators, regulators, international organizations, and civil society.
By working together to develop a comprehensive and flexible regulatory framework for NGSO satellite constellations, we can harness the potential of these systems to connect the world while preserving the long-term sustainability of the space environment for future generations.
Reference: ITU Digital Regulation Platform
