ACMA drawn into
global satellite
slot legal stoush
Australian plans to
build a global
satellite-based
machine-to-machine
network could be
scuttled following
revelations by US
operator Omnispace,
which call into
question the
regulatory filings
of the project by
Queensland-based
Sirion Global. The
Australian
Communications and
Media Authority has
also been drawn into
the case, which will
be decided at the
next meeting of the
International
Telecommunications
Union's Radio
Regulations Board.
Sirion Global had
originally pulled
off a major
international feat
last year when it
successfully filed
for the rights to
30MHz of S-band
spectrum for the new
service. The
spectrum had been
previously allocated
to failed
medium-earth orbit
satellite venture
ICO Global
Communications.
However, regulatory
authorities from the
UK and Papua New
Guinea have made
submissions to the
ITU that question
the regulatory
processes that
Sirion followed to
qualify its filings,
which were first
listed through the
ACMA in 2006.
Now Omnispace –
which owns the
satellite that
Sirion based part of
its filing on – has
told CommsDay that
its satellite was
never operated by
Sirion Global.
Sirion had cited the
Omnispace satellite
to satisfy “bringing
into use”
requirements used to
qualify the service.
“Omnispace is the
legal owner of the
former ICO F-2
satellite and has
been duly awarded
regulatory approval
to operate the
satellite. Claims by
Sirion Global of
Queensland,
Australia, to have
use of this
satellite by leasing
capacity are
completely false,”
Omnispace CEO Joe
Bravman told
CommsDay.
The International
Telecommunications
Union’s
Radiocommunication
Sector has since
withdrawn its
preliminary approval
of Sirion’s use of
the satellite
spectrum. However,
that decision has
been protested by
ACMA, which declined
requests to comment
for this story.
Bravman questioned
the Australian
regulator's decision
to fight the ruling,
noting that there
were “other
regulatory process
irregularities” with
Sirion’s last-minute
attempt to bring
into use its 2006
filing that also led
to the ITU-R
decision.
“The protest of the
ITU-R decision by
the Australian
Communications and
Media Authority is
difficult to
understand
considering that at
no time has Sirion
had any control of
the Omnispace F2
satellite,” Bravman
said.
“The ITU-R has now
deferred making a
decision on the
Australian protest
while considering
submissions from the
British and Papua
New Guinea
administrations.
Because Sirion has
no contractual
agreement or other
rights to use the
Omnispace F-2
satellite, Omnispace
is confident that
the ITU-R will
ultimately uphold
its decision to
cancel Sirion’s
filing for the
spectrum.”
A
ruling on the ACMA's
filing is expected
to be made at an
ITU-R meeting in
July and could have
more wide-ranging
implications for
future satellite
regulatory
requirements.
PAPER FILINGS:
The ITU's “bringing
in to use”
requirements are
some of the most
debated in the
satellite community
and the source of
numerous disputes.
Many governments and
operators are
critical of
so-called “paper
filings”, where
claims are made for
the use of orbital
slots even though
the
company or country
has no actual
satellite, and in
some cases no
intention to launch
one.
In the case
of Sirion Global, it
made its filing
based on a proposal
for a satellite
service back in
2006, which was
subsequently
registered by ACMA
as the country
authority. However,
there is a time
limit on filings,
which was
approaching when
Sirion found itself
next in line for the
ICO slots.
ICO Global
Communications was
one of a number of
low and medium-earth
orbit satellite
plans that appeared
in the 1990s, along
with the likes of
Iridium and
Globalstar. The
British-registered
service saw one
Boeing-made
satellite launch in
2001 before it went
into bankruptcy.
Other ICO satellites
were manufactured
but never launched,
and the ITU finally
cancelled the ICO
frequency
registrations in
2012.
That presented an
opening for Sirion,
which was next in
line to file. It
claimed to satisfy
the bringing in to
use requirements by
purchasing capacity
on the ICO F2
satellite, which was
still in orbit and
owned by Omnispace.
However, that is now
disputed by the
company. CommsDay
was unable to
contact Sirion on
the latest claims,
but it has
previously confirmed
the use of the ICO
F2 satellite to
satisfy the bringing
into use
requirements. It has
also pointed out
that its filing had
been approved by
ACMA as the country
authority for
Australia, which
signed off on the
project in February
last year.
Despite having no
satellite, Sirion
Global has a wealth
of satellite
industry experience.
The privately-owned
company is headed up
by satellite
industry veteran
Keith Goetsch, who
among other
achievements was
awarded the National
Space Society of
Australia's
Australian Space
Pioneer Award in
2008 in recognition
of his leadership in
the initiation of
Australian space
activities.
Sirion had also
brought on board
high-profile
satellite industry
figure Peter Jackson
as an advisor and
early stage
investor. Jackson is
the former CEO of
Hong
Kong-headquartered
satellite operator
AsiaSat.
KACOMM IMPACT:
Goetsch was also one
of the founders of
KaComm
Communications, an
Australian satellite
venture that had
financial backing
from satellite
manufacturer Loral.
The company's plans
for Ka-band
broadband satellite
services to remote
and regional
Australia were left
stranded when NBN Co
decided to launch
its own Ka-band
satellites as part
of the national
broadband network.
KaComm itself could
also be impacted by
any future ITU
decision on bringing
in to use
requirements. The
company holds
filings for four
orbital slots that
are similar to those
being used for the
NBN Co satellite
project – and the
company had
previously been in
talks to sell the
slots to NBN Co.
However, those
filings also have a
use-by date that
expires in late
2015.
One of the potential
options that has
previously been
touted by the
company is to lease
a satellite or
capacity so that it
can meet the
bringing in to use
requirements and
extend the life of
its filings.
However, it remains
to be seen if that
avenue will still be
open in future.
As for Omnispace,
Bravman told
CommsDay that the
company has plans to
offer service that
would include this
region. “The
satellite is
operational and
healthy. Since it is
a NGSO satellite it
covers the entire
earth and as such we
plan to offer
services, especially
to underserved
markets. We would
plan to serve the
Australian/Oceania
region,” he stated.
