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DEALING WITH HARMFUL INTERFERENCE - PROTOSTAR CASE Elina Morozova

3 rd Workshop on Space and Satellite Communications Law University of Luxemburg, 5-6 June 2014. HARMFUL INTERFERENCE FROM A REGULATORY PERSPECTIVE. DEALING WITH HARMFUL INTERFERENCE - PROTOSTAR CASE Elina Morozova Head of International & Legal Service,

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DEALING WITH HARMFUL INTERFERENCE - PROTOSTAR CASE Elina Morozova

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  1. 3rd Workshop on Space and Satellite Communications LawUniversity of Luxemburg, 5-6 June 2014 HARMFUL INTERFERENCE FROM A REGULATORY PERSPECTIVE DEALING WITH HARMFUL INTERFERENCE - PROTOSTAR CASE Elina Morozova Head of International & Legal Service, Intersputnik International Organization of Space Communications morozova@intersputnik.com Yaroslav Vasyanin Student, Masters in International Economic Law, Moscow State Institute of International Relations vasyaninyaroslav@gmail.com  Intersputnik 2014

  2. HARMFUL INTERFERENCE: definition Constitution of ITU:Annex - Definition of Certain Terms Used in this Constitution, the Convention and the Administrative Regulations of the International Telecommunication Union 1003Harmful Interference: Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with the Radio Regulations.  Intersputnik 2014

  3. HARMFUL INTERFERENCE: statistics According to the ITU official statistics  Intersputnik 2014

  4. INTERSPUTNIK: general information & legal status • Intersputnik International Organization of Space Communications – international intergovernmental organization, established in 1971 • Headquartered in Moscow, Russia • Today, Intersputnik has 26 Member states • Universal organization open for new Members Mission: to contribute to the consolidation of economic, scientific, technological and cultural relations between its Member states using satellite telecommunications, video and audio broadcasting and to support cooperation in procuring and operating an international satellite telecommunications system  Intersputnik 2014

  5. Built in 1997 by Space Systems/Loral for ChinaSat Initial name – ChinaSat-8 Due to changes in U.S. Arms Control Export Act, no license was granted to export the satellite to China Stored for nearly 10 years and bought by ProtoStar in 2006 New name – ProtoStar-I Planned to be deployed at 98.5 degrees East PROTOSTAR COMPANY:ProtoStar-I satellite  Intersputnik 2014

  6. Built by Boeing Satellite Systems for PanAmSat to be deployed at 95 degrees West Initial name – Galaxy-8iR In 2002 PanAmSat anounced that the contract with Boeing was unilaterally terminated The satellite was slightly modified and sold to ProtoStar in 2007 New name – ProtoStar-II Planned to be deployed at 107.7 degrees East PROTOSTAR COMPANY: general information ProtoStar I Ltd. – an Asian satellite services operator domiciled in Bermuda with U.S. operations that was formed in 2005 to acquire, launch and operate high-power geostationary satellites to lease capacity to Asian DTH and broadband service providers. ProtoStar planed to launch the second satellite named PtotoStar-II:  Intersputnik 2014

  7. COOPERATION WITH SINGAPORE:initial plans In 2008, ProtoStar reached an agreement with the administration of Singapore concerning the launch of the ProtoStar-I satellite to 98.5 degrees East, where it would use the ST-1B-CK satellite network. ST-1B-CK satellite network 98.5E Also, they agreed on a joint project to operate the satellite with domestic company Singapore Telecommunications Ltd.  Intersputnik 2014

  8. COOPERATION WITH SINGAPORE:withdrawal • Initial launch period – May 2008 • Due to technical complications with the Ariane 5 ECA launch vehicle the launch was postponed until 25 June 2008 • Due to a delay in the preceding launch service Arianspace could not confirm a final launch date for ProtoStar-I with any certainty The validity period of the frequency assignments of the ST-1B-CK satellite network was to expire 27 June 2008  Intersputnik 2014

  9. COOPERATION WITH SINGAPORE:submission to Radio Regulations Board The administration of Singapore made a submission to the ITU Radio Regulations Board requesting an extension of the regulatory deadline for bringing the ST-1B-CK satellite network into use. The Board noted that it was not its prerogative to grant any extensions to the regulatory periods given in the Radio Regulations, this being the prerogative of world radiocommunication conferences. As the next world radiocommunication conference was at that time planned for 2011, ProtoStar just could not wait until the issue of the extension of the frequency assignment was settled.  Intersputnik 2014

  10. INTERSPUTNIK: orbit & frequency resource With its own orbit and frequency resource, Intersputnik is able to participate in international and domestic satellite projects together with its member states and third parties for the purpose of manufacturing, launching and operating telecommunication satellites. INTERSPUTNIK98.5E-CK satellite network  Intersputnik 2014

  11. COOPERATION WITH INTERSPUTNIK: in-orbit testing • Intersputnik authorized ProtoStar to position the ProtoStar-I satellite at 98.5 degrees East and conduct in-orbit testing using the INTERSPUTNIK98.5E-CK satellite network provided that: • The Radio Regulations were strictly abided by • No harmful interference would be caused • Potential losses would be reimbursed through third party liability insurance The parties agreed to continue discussing a long-term radio-frequency use agreement providing for commercial operation of ProtoStar-I at 98.5 degrees East on a satellite end-of-life basis  Intersputnik 2014

  12. PROTOSTAR-I LAUNCH: location at 98.5 degrees East ProtoStar-I was successfully launched on 7 July 2008 by the United Launch Alliance 98.5E ProtoStar-I Thuraya-3 Problem of co-location: Operator Thuraya claimed the possibility of physical collision between Protostar-I and Thuraya-3  Интерспутник 2014

  13. PROTOSTAR-I LAUNCH: Radiocommunication Bureau concerns • Having no information concerning a responsible administration under which the ProtoStar-I would be brought into use, the Bureau sent a circular telegram to all administrations requesting information • On 8 August 2008 the administration of Belarus gave notice to the Bureau confirming the bringing into use of a number of frequency assignments to the satellite network INTERSPUTNIK98.5E-CK with the satellite ProtoStar-I • The administration of Belarus specified only those frequencies that had already been tested without any complaints about harmful interference and excluded all frequencies that could potentially cause interference Notice  Intersputnik 2014

  14. LONG-TERM AGREEMENT:execution Given the considerable progress in kicking off the ProtoStar-I satellite operations at 98.5 degrees East, the parties continued discussing a long-term agreement on the right of use of the INTERSPUTNIK98.5E-CK frequency assignments and managed to come to terms very quickly. • The agreement provided for two phases:Phase 1: joint coordination steps and earth stations testing Phase 2: bringing satellite telecommunications channels into commercial use • The agreement included two important appendixes:Appendix 5: procedure of testing satellite transponders and approving their use for commercial purposeAppendix 6: procedure of elimination of harmful interference  Intersputnik 2014

  15. LONG-TERM AGREEMENT:Appendix 5 The Procedure of Testing and Approval of the Satellite Communications Channels: • Prescribed that all possible precautions were to be taken in order to avoid harmful interference, such as the choice of frequencies and the time of testing; • Starting any new transmission required that the uplink power spectral density level be increased gradually; • If an interference event occurred, ProtoStar would immediately remove the interference by operational means, or if that was not possible – shut down the transmission under test; • In the event that several testing procedures in a single transponder resulted in receiving interference reports, then any further transmissions in this transponder would be suspended. • A satellite communication channel could only be approved if spectrum monitoring data showed that a tested transmission was operated for the full duration of the testing period, which could not be less than five consecutive days, and no interference report was received.  Intersputnik 2014

  16. LONG-TERM AGREEMENT:Appendix 6 The Procedure of Action in Case of Harmful Interference: • Provided for a very short timeframe to respond to a harmful interference incident report received from the operator of an adjacent satellite network; • Each such report required technical investigation to provide clear proof that the reported interference was not caused by ProtoStar-I or a description of means used to avoid the recurrence of harmful interference; • Any potentially interfering transmission was to be shut down. Breach by ProtoStar of any of the obligations specified in appendix 5 or appendix 6 gave Intersputnik the right to immediately terminate the agreement  Intersputnik 2014

  17. REQUIRED COORDINATION:adjacent satellites Now ProtoStar had to coordinate with somewhat more satellite networks than earlier because Intersputnik had filed its network at 98.5 degrees East later than Singapore and several other satellite networks, which had priority. Satellites located adjacent to ProtoStar-I at 98.5E: AsiaSat-3S (105.5E) AsiaStar (103E) Express-A2 (103E) KazSat-1 (103E) AsiaSat-2 and AsiaSat-5 (100.5E) Chinasat-3, Chinasat-22A, DFH-3A, Chinasat-44 and Chinasat-64 (98E) Express-AM33 (96.5E) NSS-6 (95E) Insat-3A (93.5E) It was clear that on the condition of no harmful interference ProtoStar-I could use not all of its capacity but only part of its transponders – a smaller or even minimal part.  Intersputnik 2014

  18. REQUIRED COORDINATION:most complicated task Satellite networks filed with the ITU by the administration of China ASIASAT-E ASIASAT-EK1 ASIASAT-EKS ASIASAT-AKX 100.5E 98.5E 98E DFH-3A-OC CHINASAT-3 CHINASAT-22 CHINASAT-44  Intersputnik 2014

  19. Radiocommunication Bureau dealing with HARMFUL INTERFERENCE • Despite much correspondence between the administrations of Belarus and China, as well as between Intersputnik and AsiaSat, and two coordination meetings, the parties failed to make tangible progress in international frequency coordination. Difficulties in resolving this case made the administration of China ask the Bureau several times for assistance complaining about harmful interference experienced on a continuous basis. In this regard, the Bureau reminded the administration of Belarus that all stations must be operated in such a manner as not to cause harmful interference and of the responsibility of each member state to require its authorized operating agencies to observe these provisions.  Intersputnik 2014

  20. Radio Regulations Board dealing with HARMFUL INTERFERENCE • The case was recognized particularly worrisome because fully coordinated Chinese networks that had already been recorded in the Master International Frequency Register and operating for a long time were suffering harmful interference from a network that was not coordinated. The Board instructed the Bureau to once again draw attention of the administration of Belarus in its capacity as notifying administration for Intersputnikto its obligations under the ITU Constitution and the Radio Regulations, and eliminate this harmful interference.  Intersputnik 2014

  21. HARMFUL INTERFERENCE:extreme measures required • Despite the fact that from the legal standpoint the source of the interference was not clear, in practice, however, it was evident that the problem had arisen after the launch of the ProtoStar-I satellite. • Because of the overlapping or coinciding service areas, no technical recommendations could resolve the problem. Thereby, it became evident that an effective and feasible measure that must be taken to get rid of the harmful interference could only be a shut-down of all transponders or even having the satellite drifted away from 98.5 degrees East.  Intersputnik 2014

  22. LONG-TERM AGREEMENT:termination In April 2009 Intersputnik gave ProtoStar notice of the yearly unilateral termination of the agreement, and demanded that the ProtoStar-I satellite stop operating using the Intersputnik satellite network at 98.5 degrees East. ProtoStar was in breach of: • The Procedure of Action in Case of Harmful Interference (appendix 5); • the Procedure of Testing and Approval of the Satellite Communications Channels (appendix 6).  Intersputnik 2014

  23. PROTOSTAR CASE:abstract • ProtoStar transaction gave Intersputnik a sizeable and very complicated workload in terms of handling cases of harmful interference to the adjacent satellite networks • Prior cautious risk assessment and meticulous elaboration of appropriate contractual clauses providing for immediate sanctions for breach up to contract termination and shutdown of the satellite helped quickly settle all problems related to the operation of ProtoStar-I at 98.5 degrees East so that • the INTERSPUTNIK98.5E-CK satellite network could further be used in compliance with the Radio Regulations and other ITU documents  Intersputnik 2014

  24. 3rd Workshop on Space and Satellite Communications LawUniversity of Luxemburg, 5-6 June 2014 HARMFUL INTERFERENCE FROM A REGULATORY PERSPECTIVE THANK YOU FOR YOUR ATTENTION ! Elina Morozova Head of International & Legal Service, Intersputnik International Organization of Space Communications morozova@intersputnik.com Yaroslav Vasyanin Student, Masters in International Economic Law, Moscow State Institute of International Relations vasyaninyaroslav@gmail.com  Intersputnik 2014

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