Satellite Communications Law: The Nexus of Space and Telecom Law

Authors

Frans von der Dunk, Lazarski University and University of Nebraska-LincolnFollow

ORCID IDs

Frans von der Dunk https://orcid.org/0000-0002-1466-2780

Date of this Version

2021

Citation

Ad Astra. Program badań nad astropolityką i prawem kosmicznym [Ad Astra: Astropolitics and Space Law Research Program] 1 (2021), pp. 8–27.

doi: 10.53261/adastra20210102

Comments

Open access.

Published by Instytut Metropolitalny [Metropolitan Institute] in partnership with the Faculty of Law and Administration of the University of Gdańsk, the E. Kwiatkowski School of Administration and Business in Gdynia, and the Baltic Sea and Space Cluster.

Abstract

Given the complexity of satellite communications as a global business sector involving many private as well as public operators, many national and international regulators and a constantly evolving suite of services offered to an ever-increasing number of users and consumers, it should not come as a surprise that the legal environment—the sets of rules, rights, and obligations applicable to anyone operating in the field—is highly complex as well. This is already true even if merely focusing at the international level, where the myriad domestic regimes play varying roles—largely neglected in this particular article—in implementing, interpreting, refining, enforcing, or even changing whatever is offered internationally. Nevertheless, it may be fair to note that without a thorough knowledge of at least space law, the International Telecommunication Union (ITU) regime, and the World Trade Organization (WTO) regime (the two latter for the sake of simplicity here being addressed under one overarching heading of telecommunications law), no communication satellite operator would stand much of a chance of doing business without soon running into major conflicts and roadblocks, likely even full-blown showstoppers. Space law takes care of the major requirements flowing from the unique and dangerous environment of outer space, ITU law of the technical coordination necessary to avoid white noise, and WTO law of the possibility for operators to generate sufficient business to make it all worthwhile. It is the interaction of these regimes at the nexus of space activities and telecommunications which paves the way for a satellite communications sector which is both sensibly profitable for the private operators and sufficiently mindful of the larger public interests of all States, and indeed humanity, in a fair and safe use of outer space—and this article represents a basic effort to sketch the contours of this nexus as legally taken care of currently.