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1 Ad Astra. Program badań nad astropolityką i prawem kosmicznym

1 2021

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Satellite communications law: The nexus of space and telecom law

100%

von der Dunk F.

nr 1

8-27

Satellite communications is not only effectively the oldest, but without a doubt also the most important application of space technology for terrestrial societies. This, however, was not always as self-evident as it may seem in hindsight. Since Arthur Clarke’s seminal paper of 1945, explaining how a mere three man- made satellites in the right orbital positions could function as the core of a telecom- munication infrastructure for almost-comprehensive coverage of the globe, it took roughly two decades for the technology to mature sufficiently for that option to become feasible. While the first Telstar launched in 1962 provided for the first trans- mission of television pictures and phone calls from, respectively through space on an experimental basis, it was 1965’s Early Bird which truly marked the birth of the commercial satellite communication industry. Early Bird was operated by COMSAT, the US corporation created by federal statute4 which also served as the foundation for the ensuing US efforts to open up the sys- tem to international cooperation. This was achieved in first instance by the establishment of Interim INTELSAT in 19645, where COMSAT was uniquely responsible for operating the satellite system, until in 1971 the truly intergovernmental organization INTELSAT was established, where the United States was merely one (albeit the most important) member state6 and COMSAT merely one (albeit the most important) national telecom operator involved. The successful example of INTELSAT was followed by other organizations estab- lished for basically similar purposes. INMARSAT (originally for maritime satellite communications but later engaged in mobile satellite communications lato sen- su)8 and EUTELSAT (essentially a European version of INTELSAT much more focused on broadcasting) followed the two-level structure of INTELSAT quite faithfully, while the Soviet-Unioled INTERSPUTNIK and the Saudi-Arabia-hosted ARABSAT were established as more classical intergovernmental organizations operating their own respective satellite systems. Originally, international satellite communications, more precisely the comprehen- sive chain of launching, operating and maintaining satellite systems as well as marketing the services making use of those, thus was very much the exclusive domain of a handful of intergovernmental entities. But then, from the 1980s onwards, the ongoing technological and economic developments and the resulting interest of the private sector in this special branch of telecommunications meant that the pressure on privatization of these organizations and the liberalization of the corresponding markets increased. This resulted in the privatization of INTELSAT, IN- MARSAT and EUTELSAT, where henceforth private commercial operators Intelsat, Inmarsat and Eutelsat would operate the satellite systems and market the relevant services. Currently, the global market for satellite communication services is calculated to be worth in the range of 70 billion US$ annually – and to be growing by something close to 10% per year.