World radiocommunication conference 12 : implications for the spectrum eco-system

Spectrum allocation is once more a key issue facing the global telecommunications industry. Largely overlooked in current debates, however, is the World Radiocommunication Conference (WRC). Decisions taken by WRC shape the future roadmap of the telecommunications industry, not least because it has the ability to shape the global spectrum allocation framework. In the debates of WRC-12 it is possible to identify three main issues: enhancement of the international spectrum regulatory framework, regulatory measures required to introduce Cognitive Radio Systems (CRS) technologies; and, additional spectrum allocation to mobile service. WRC-12 eventually decided not to change the current international radio regulations with regard to the first two issues and agreed to the third issue. The main implications of WRC-12 on the spectrum ecosystem are that most of actors are not in support of the concept of spectrum flexibility associated with trading and that the concept of spectrum open access is not under consideration. This is explained by the observation that spectrum trading and spectrum commons weaken state control over spectrum and challenge the main principles and norms of the international spectrum management regime. In addition, the mobile allocation issue has shown the lack of conformity with the main rules of the regime: regional spectrum allocation in the International Telecommunication Union (ITU) three regions, and the resistance to the slow decision making procedures. In conclusion, while the rules and decision-making procedures of the international spectrum management regime were challenged in the WRC-12, the main principles and norms are still accepted by the majority of countries

Back to the Future: Space Law in a Networked World

Space technologies and their ever-growing and innovative practical applications are changing the way humanity functions. This trend towards transformational change and the ‘democratisation’ of space is expected to extensively penetrate into our everyday lives. Currently, space activities are being undertaken by numerous domestic and international operators, which range from owners of a single satellite to corporations planning to operate large constellations of satellites. These NewSpace activities, while offering unprecedented opportunities to humanity in aiming towards a safe, secure and prosperous world, also pose some unparalleled challenges to the foundational norm and objective of international space law – that the ‘exploration and use of outer space shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development’. In this paper, the authors discuss some of these challenges posed by the NewSpace activities, particularly with respect to communications, and propose specific steps to be taken by the international community to maintain and update the international space regulatory framework. Based on three case studies - involving the originally constituted structure of INTELSAT and the current structures of INTERSPUTNIK and ARABSAT, this paper describes the appropriateness of intergovernmental organisations in maintaining the key objective of international space law and thereby achieving progress for the whole of humanity on a long term basis in ever-changing and interconnected global village