Outcome: Avanti / SES Orbital Slot Issue
The ITU Radio Regulations Board met to discuss Avanti / SES Orbital Slot Issue last Friday.
19 November 2012
Ofcom statement: “Ofcom welcomes the ITU Radio Regulations Board’s decision which fully supports the decision the ITU BR made on the bringing into use and notification for international recognition of the UK’s INMARSAT-S2 satellite network at 31.0 East orbital location for use by HYLAS-2 launched in August 2012.”
The Board carefully considered the submissions from the Administrations of Luxembourg and the United Kingdom regarding the INMARSAT-S2 satellite network, taking into account the information provided in Documents RRB12-3/DELAYED/3 and RRB12-3/DELAYED/4.
The Board:
1. Recognized that each case needs to be considered based on its own merits and particular circumstances.
2. Concluded that the actions of the Bureau in accepting the information on the bringing into use of the frequency assignments to the INMARSAT-S2 satellite network at 31°E on 5 January 2011 and the request for suspension under No. 11.49 of frequency assignments to INMARSAT-S2 satellite network at 31°E on 24 January 2011 were appropriate. In reaching this conclusion, the Board noted that the date of bringing into use on 5 January 2011 was within the seven-year regulatory time limit (i.e.,
19 May 2012).
3. Concluded that the principles in Article 44 of the Constitution and the provisions of the Radio Regulations were met and there was no reservation of orbit and spectrum capacity without actual use.
4. Encouraged the Administrations of Luxembourg and the United Kingdom to cooperate with each other in the spirit of good will and mutual respect to achieve coordination of their satellite systems in accordance with the relevant provisions of the Radio Regulations and the Rules of Procedure.
The Board instructed the Bureau to inform the Administrations of Luxembourg and the United Kingdom of the above conclusions.
UK Regulator Provides Update Regarding Avanti / SES Orbital Slot Issue
21 September 2012
After talking with UK regulator Ofcom we understand that attempts to resolve a conflict between SES and Avanti satellites over an orbital slot may not be completely resolved until November. Talk Satellite has learned that documents submitted by the UK and Luxembourg – the two legal domiciles of Avanti and SES respectively – were filed too late to be considered by the ITU’s ITU Radio Regulations Board which does not plan to meet until November.
The UK notified Avanti’s proposed orbital location of 31 degrees East to the ITU in January. Further information was sought in April and provided in May and June and the ITU’s Radiocommunications Bureau effectively accepted the notification in August. The Avanti Hylas 2 satellite was launched 2 August.
However, a request from Luxembourg to defer ITU approval and a response to this request from the UK were received too late and will not be considered until November. It is understood that SES is challenging the ITU BR’s decision to accept Avanti's rights to the slot on the grounds it has not been occupied for a sufficiently long period by an earlier Avanti satellite, but the UK believes that this was done with respect to the ITU Radio Regulations and with a real bona fide satellite programme behind it. The ITU at its WRC in February 2012 established a new 90 day period for bringing into use of satellite filings – a rule designed to clarify how orbital slots can be brought into use and prevent slot reservation from potential future use. However, the new ITU rule however does not come into legal effect until 1 January 2013 and does not retrospectively apply.
The UK considers that the Avanti can properly initiate operations of its HYLAS-2 Ka-band satellite under this UK Ka-band satellite filing at 31E under the relevant ITU Radio Regulations.
SES proposes to launch an Astra satellite into 31.5 degrees East next year. Talk Satellite understands that frequency coordination discussions between Avanti and SES are currently taking place.
ITU Provides Facts Regarding the Avanti / SES Orbital Slot Issue
Here are the facts about this issue provided to talk Satellite by the ITU:
In May 2012, the UK Administration provided detailed information and evidence regarding Avanti Communications and Avanti’s HYLAS-2KA-band satellite programme, more specifically explanations of the different steps leading to a planned launch and bringing into use of the HYLAS-2 satellite in accordance with the regulatory 7-year limit of the INMARSAT-S2 satellite network at 31E. The same UK letters also provided detailed information on the unforeseen delay in the delivery and launch of the HYLAS-2 satellite, of which Avanti became aware at the beginning of the fourth quarter of 2010, shortly before the launch of Avanti’s first Ka-band satellite HYLAS-1 in November 2010, and the set of remedies taken by Avanti and the UK Administration.
ITU’s Radiocommunication Bureau carried out an in-depth review of the matter, taking account the clarification provided by the UK Administration and noted in particular:
(1) the genuine intent of the UK Administration to bring into use the frequency assignments of the INMARSAT-S2 satellite network filing in conformity with the Radio Regulations
(2) detailed information and exceptional circumstances on the period of operation of the HYLAS-1 satellite at 31°E
(3) the ongoing effort to secure the operational coordination of the INMARSAT-S2 satellite network at 31E
(4) the statement by the UK Administration that bringing into use of the INMARSAT-S2 satellite network was not intended to reserve orbit/spectrum resource for speculative satellite programmes
(5) the planned launch of HYLAS-2 satellite on 2 August 2012
Taking the above considerations into account, the Radiocommunication Bureau decided to accept bringing into use the frequency assignments for the INMARSAT-S2 satellite network at 31°E and to suspend frequency assignments to INMARSAT-S2 satellite network at 31°E.
This information was brought to the attention of the Radio Regulations Board (RRB) at its 60th meeting in the Report of the Director. The Board noted the Report of the Director and gave due consideration to the issues therein. In line with Part C, Par. 1.6 (Internal arrangements and working methods of the Radio Regulations Board) of the Rules of Procedure, the two delayed documents to RRB-60 on this issue were sent for consideration at the next RRB meeting.
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