European Countries Pitch ‘Legally Enforceable Protection’ for Satellite at WRC-12

A stricter international mechanism for assigning liability for interference to satellite and terrestrial networks will likely be up for negotiation at the 2012 World Radiocommunication Conference, officials said during an ITU policy-setting conference in Guadalajara, Mexico. Existing administrative and regulatory procedures can cope with the “vast majority” of cases, the U.K. said.

A European group of 28 countries floated a proposal urging the ITU and another U.N. group to address a recent rise in reports of interference. Jamming of European Satellite Organization operations from Iranian territory raised the ire of almost 30 European countries during a March meeting of the Radio Regulations Board (CD March 24 p15)(SW March 29 p7), and subsequent high-level European and U.N. meetings.

A group of 13 Asia-Pacific countries led by Iran upped the ante by saying any measures discussed should also apply to terrestrial networks. Cuba didn’t mention its broadcasting dispute with the U.S., but it did back the Asia-Pacific region’s call for the mechanism to address terrestrial interference, referring only to public familiarity with its case. The U.S. and Cuba broadcasting dispute has been before the Radio Regulations Board for years. Additional measures are needed, Cuba said, because neither the Radio Regulations nor the Radio Regulations Board provides adequate protection from its problems.

The European proposal asks countries at WRC-12 to consider amending the Radio Regulations with measures “to safeguard the integrity and functioning of satellite networks and systems,” it said. It also suggests asking the U.N. Committee on the Peaceful Uses of Outer Space to consider “how greater protection may be afforded to satellite networks” through new provisions, the U.K. said on behalf of the European countries.

Legal and other principles on loss or damage caused by satellites and other space objects could be adapted from other U.N. treaties and resolutions to boost “legally enforceable protection,” the European proposal said. It referred to protection and liability provisions for submarine telecom cables through the U.N. Convention on the Law of the Sea. No equivalent regime of international protection is in place to safeguard the operation of costly telecom satellites, the proposal said.

The Asia-Pacific proposal is “a reaction to the proposals of the CEPT,” said Iran, speaking for the sponsors. The proposal was backed by Afghanistan, Bhutan, Brunei Darussalam, China, Indonesia, Iran, Japan, Malaysia, Marshall Islands, Mongolia, Nepal, Papua New Guinea and Samoa. An appropriate forum and approach should be defined to address protection of radiocommunication networks and systems in general, Iran said, referring to terrestrial networks.

Iran also wants to extend the European proposal to cover “interference of any kind,” referring to matters before the Radio Regulations Board and application of Article 15 in the Radio Regulations on interference. “Our problem is the [European] approach,” Iran said. The ITU constitution and convention are geared toward spurring peaceful relations and cooperation, it said. They don’t mention sanctions, punishment or action against a particular country, Iran said.

Reports of harmful interference have had a recent “unpleasant increase,” said Valery Timofeev, director of the Radiocommunication Bureau. Many but not all problems were solved, he said, referring to complicated space and terrestrial environments. The U.K. said the reports of rising levels of interference to satellite networks need to be addressed.

The U.S. thinks the matter should be discussed in ITU, the leading U.N. agency for the global management of the radio frequency spectrum and satellite orbits, but not in the separate U.N. committee. The U.S. supported existing administrative procedures in the Radio Regulations for resolving interference. A WRC is the appropriate venue for any proposal to revise the regulations, the U.S. and United Arab Emirates said.

The U.S. suggested that the matter be addressed under WRC-12 agenda item “8.1.3 concerning actions in response to Resolution 80” on due diligence. The Radio Regulations Board intends to address intentional harmful interference in its report to WRC-12, the U.S. said. Countries could also make proposals on the report, the U.S. said.

Brazil could accept additional measures in the Radio Regulations to safeguard the proper functioning of networks or systems, it said referring to the European proposal. The ITU is the appropriate venue, Brazil said. Mexico supported Brazil, the U.S. and the United Arab Emirates.

France supported the European proposal. Governments have to take practical measures to make sure that installations aren’t disabled by actions in other countries, France said. Studies on the conditions for boosting protection for satellite systems are indispensable, France said.

Germany and Sweden wanted to make sure the European proposal would be discussed at WRC-12, not get clogged in debate on whether they fit into an agenda agreed to years ago. Russia wants the WRC, not other conferences or venues, to address the matter. Russia said it’s concerned about terrestrial interference, but sometimes it’s accidental.

The WRC-12 agenda already includes items on problems of interference, Timofeev said, referring also a report on general issues the bureau will take to the conference. Iran made a “firm request” that any proposal to accelerate resolution of interference must be within ITU’s mandate, namely dialogue, negotiations and cooperation. “Everything need to be settled inside the ITU,” Iran said. The ITU has no power to enforce decisions.