GNSS & THE LAW
STATE OF PLAY IN CHINA Strategy, Governance, Policy, and Law of the BeiDou Navigation Satellite System
he BeiDou Navigation Satel- as a space infrastructure of national lite System (BDS) is China’s significance to offer two basic services: contribution to the world in an open service free of charge and an the domain of Global Satel- authorized service with higher quality Tlite Navigation System (GNSS). The and integrity. At the current stage, appli- BDS is being developed by the Chinese cations based on the BDS are gradually government, mainly through military penetrating to every corner of people’s departments, with key considerations lives and economic activities in the Asia- for China’s national security, economic Pacific Region, particularly for meteoro- interests and social progress. logical observation, transport manage- After decades of development, the ment and search & rescue. BDS has been recognized as one of the four big players in the field of GNSS. Strategy of the BDS Development China has also started the development Bearing in mind the mature technol- of a comprehensive positioning, navi- ogy and the policy of free access to open gation and timing (PNT) system with signals provided by GPS, many ques- enough capabilities for air, sea, land, tions arose about why China should underground and underwater terminals, make substantive efforts to develop its and the BDS is designed as the most own GNSS. However, in addition to the important component. economic benefits created by the navi- From a structural point of view, the gation industry, developing a domesti- BDS is similar to the other GNSSs and cally controlled GNSS was considered as composed of the satellite constellation, a national security advantage. distributed ground facilities — includ- Back in 1996 when the third Taiwan ing master control stations, uplink sta- Strait Crisis started, two Chinese mis- tions, and monitoring stations — and siles failed to reach their targets during user receivers. One special feature is an exercise. Chinese military authorities the inclusion of 5 geostationary satel- believed that the event occurred due to lites, raising the number of satellites the U.S. denial of GPS signals. Since in the constellation to 35. Another then, China decided to develop a satellite differentiator from the U.S. GPS, Rus- navigation system under its own control sian GLONASS, and European Galileo and to complete the construction of the DEJIAN KONG system is its unique function of short first generation of the BDS (BDS-1) at the LEIDEN UNIVERSITY (THE NETHERLANDS) message communications and posi- beginning of 21st century. FABIO TRONCHETTI, tion reporting capability, benefiting However, as the BDS-1 was just a HAOLIMO LAW FIRM, BEIJING (CHINA); from the Chinese government’s strong regional system with little commercial SCHOOL OF LAW, UNIVERSITY OF support on both technical and financial value, the Chinese government accepted MISSISSIPPI aspects. the invitation from the European Union The BDS is designed and developed (EU) to join the Galileo program, with
38 InsideGNSS JANUARY/FEBRUARY 2017 www.insidegnss.com the ultimate goal of challenging the tions involved in the BDS program are the CSSN). The CSSN is the Navigation monopoly of the U.S. GPS. However, the following: Force under the leadership of Joint Staff due to certain disagreements with the The China Satellite Navigation Com- Department of the Central Military European Union, including China’s mittee ( , Commission (formerly known as the claim of being excluded from the key hereinafter referred to as the CSNC). The General Staff Department of Chinese decision-making process and techni- CSNC seems to be the top decision- People’s Liberation Army). The CSSN cal cooperation in the Galileo program, making organ on the fundamental was established as the agency for the China decided to re-focus its attention strategy and policy of the BDS and other management and operation of the BDS on constructing its own GNSS. Chinese PNT systems. On the one hand, in 1999. Although the competence of the Currently, China ranks the BDS as the CSNC gives the opening address to CSSN was described as “the research, one of the key national technical proj- the annual China Satellite Navigation demonstration, development, operation ects, supported by specific funding; the Conference, which shows its important and application guarantee of the BDS,” BDS program is organized pursuant to a position in the supervisory framework it focuses more on the operation of the three-step strategy: (1) the construction of the BDS for domestic activities. On control segment comprising various of BDS-1, which was finished in 2000, the other hand, the CSNC has also been ground stations of the BDS. with the goal of providing services over working thus far as the leading authority all of Chinese territory; (2) the construc- for international cooperation involving tion of the BDS-2, which has been in the BDS. For example, the CSNC, on operation since 2012 with the purpose behalf of China and as the chairman of of covering the Asia-Pacific region; (3) the Chinese side of China-Russia Coop- the deployment of the full constellation eration Program Committee on Satellite of BDS satellites, scheduled for comple- Navigation, signed the “China’s BeiDou tion by around 2020 and intended to System and Russian GLONASS Sys- offer global services. tem Compatibility and Interoperability Cooperation Joint Statement” with the former Russian Federal Space Agency System Opera- Service (currently known as the State Space Cor- Phase Name tion Year Scope poration ROSCOSMOS) in 2015. 1st BDS-1 2000 China The China Satellite Navigation Office The China National Administration Asia-Pacific 2nd BDS-2 2012 ( , CSNO). of GNSS and Applications ( Region Under the leadership of the CSNC, the , CNAGA). The 3rd BDS 2020 Worldwide CSNO is in charge of the management CNAGA is the functional department The three-step strategy of the BDS work of the BDS. The CSNO is a joint for the application management of office established by the competent gov- the BDS, which is contributing to pro- Governance Structure of the BDS ernmental departments involved in BDS mote the large-scale industrialization Similar to GPS and GLONASS, the BDS activities. For now, the CSNO is working and international development of the is a dual system used for both military on the system construction, application BDS. Specifically, the CNAGA has an and civilian purposes. However, no offi- promotion, and industrialization of the announced commitment to the follow- cial source has yet affirmed that the BDS BDS. ing four aspects of the BDS: is developed and exclusively controlled To aid in making scientific man- • management of the operation and by Chinese military departments, agement and technical decisions, the maintenance of the BDS, so as to despite a widespread belief that many CSNO is supported by its two internal ensure the successive and reliable ties exist between the BDS and Chinese branches, namely the Expert Commit- provision of BDS services; People’s Liberation Army. Official pub- tee and the Expert Teams. In addition, • supervision over the manufacturing lications about the BDS simply use the the CSNO is responsible for releasing enterprises of BDS user segments, so expression “Chinese government” or top-level official policies and technical as to ensure the quality and safety of “China”. documents on the BDS both in Chinese BDS services; Furthermore, no official information and English as well as approving the • development of basic application cri- on the governance structure of the BDS documents on BDS-related performance teria and critical infrastructure of the has been formally released, even though and standard criteria. The CSNO also BDS, so as to consolidate the basis of a general framework of BDS-related operates the official website of the BDS application development; authorities can be drawn out through
and international cooperation for within the Chinese territory is under policy, and it always places great impor- the BDS, so as to promote the com- the responsibility of the Bureau of Radio tance on the development of the BDS. munication and cooperation among Regulation of the Ministry of Industry The document has thus far been updated businesses. and Information Technology of China, to the fourth version in 2016. The National Technical Commit- which is also known as the State Radio After summarizing certain achieve- tee on BeiDou Satellite Navigation of Office. ments in the field of the BDS since 2006, the Standardization Administration of the third version (2011) addresses the China ( Policy and Law of the BDS three-step strategy of the BDS and lists , hereinafter the NTCBDSSA). The Different from its competitors in the the BDS as one of the priority projects NTCBDSSA was established in 2014 and domain of satellite navigation, par- in key fields; the latest version (2016) is under the joint leadership of the Stan- ticularly the EU and the United States., requires the improvement of BDS appli- dardization Administration of the Peo- China owns a unique socialist system of cations and promotion of international ple’s Republic of China (SAC) and the laws with Chinese characteristics. China cooperation of the BDS. Equipment Development Department of has recently placed great emphasis on White Paper on China’s BeiDou Navi- the Central Military Commission (for- the fundamental principle of governing gation Satellite System. This white paper merly known as the General Armaments the country by law. Accordingly, the rule was released in June 2016, which makes Department of Chinese People’s Libera- of law has been proposed very frequently it the latest policy document concern- tion Army). for China’s space industry. ing the BDS specifically. This white The NTCBDSSA is composed of 48 However, China is still one of a few paper lays down the goals and principles members, 7 observers and 3 liaisons, space powers that lacks a basic space law. related to the development of the BDS and the China Satellite Navigation Therefore, setting up a comprehensive and again addresses the BDS three-step Engineering Center ( legal framework for the BDS will argu- strategy. ) and the China Astronautics ably require some time. Until that can be According to the document, China Standards Institute ( achieved, a series of policy documents is committed to ensuring the safe and ) jointly comprise its secretariat. would have to retain the dominant role, reliable operation of the BDS and pro- The competence scope of the NTCBDS- even though policy solutions are much viding continuous, stable and reliable SA covers the standardization activities less effective than legal arrangements in open services to users free of charge. In concerning the management, construc- the Chinese context. These include the addition to protecting the utilization of tion, operation, application and service following policy documents: the BDS frequency spectrum, the white of the BDS. It is also in charge of devel- White Paper on China’s Space Activi- paper also requires promotion of BDS oping civilian and military standards for ties. This white paper is currently the applications and industrial development the BDS both at the international and basic document relating to China’s space by taking multiple measures, as follows: national level. However, all the stan- dards proposed by the NTCBDSSA have to be approved by the CSNO before they come into force. Based on the foregoing description, we may conclude that, in the context of the BDS, three main organizations have active roles: 1) the CSNO is responsible for the deployment and maintenance of the space segment, 2) the CSSN is oper- ating the control segment, and 3) the CNAGA deals with supervision of the user segment, including the manufac- turing of user receivers and the provi- sion of PNT services. In addition to these entities, as the BDS is a complicated system with inter- disciplinary participation and cross-sec- tional dimension, many other authori- ties are involved in the management framework of the BDS. For example, the frequency protection of the BDS
40 InsideGNSS JANUARY/FEBRUARY 2017 www.insidegnss.com • establishing an industrial supporting Organization (IMO) in November gation System by China’s National Admin- system, through making industrial 2014); istration of Surveying, Mapping and policies, building equitable market • participating in multilateral activities Geo-information. This policy document environment, enhancing standard- in the field of international satellite was issued by China’s National Admin- ization process, and building a com- navigation, such as the conferences istration of Surveying, Mapping and prehensive service system of location and academic exchanges hosted by Geo-information in March 2013, with data; the International Committee on the purpose of implementing the prior • establishing an industrial application Global Navigation Satellite Systems policy documents. This policy document promotion system, through improv- (ICG); obviously was made from the perspec- ing the BDS application in key sec- • promoting international applications tive of BDS users. It urges the competent tors related to national security and of the BDS by intensifying publicity regional authorities on surveying, map- economy, pushing forward close and popularization of the BDS, and ping and geo-information to accelerate integration of the BDS with state implementing internationalization the promotion of application and indus- strategy on industrial and regional projects in the field of policy, market, trialization of the BDS, and to safeguard development, guiding mass market law and finance, and so forth. China’s national security and interest applications of the BDS in the fields Medium and Long Term Development within their competence. of smart phones, vehicle-borne ter- Plan for China’s Satellite Navigation Indus- minals, and wearable devices; try. This policy document was approved Bearing in mind the • establishing an industrial innovative by the State Council and released by its mature technology and system, by enhancing the research General Office in September 2013. The and development of basic products Plan makes overall arrangements for the policy of free access based on the BDS, encouraging and medium- and long-term development to open signals provided supporting the construction of a tech- of the BDS and other satellite naviga- by GPS, many questions nology innovation system that relies tion industry developments. The Plan on the market players as the main first analyzes the current situation of arose about why factor combined with the efforts of satellite navigation that the BDS faces at China should make academic institutes. The industrial home and abroad; second, it lays down substantive efforts to system is called on to promote the the guidelines and principles to develop integrated development of the BDS China’s navigation industry. develop its own GNSS. with infrastructures and technologies More importantly, the development including the “Internet+”, “Big Data”, plan indicates the year of 2020 as the Provisions of the Chinese People’s the “Internet of Things”, communi- critical timeline for China to form a Liberation Army on the Administration cations, remote sensing, and other new innovation-oriented development of the Satellite Navigation Application. emerging industries. pattern. To achieve that goal, the devel- This military rule was issued by the As for international cooperation of opment plan lays out six specific direc- former General Staff Department of the BDS, the Chinese government plans tions and tasks and five major projects Chinese People’s Liberation Army (cur- to further the efforts by to develop BDS-related industry before rently known as Joint Staff Department • strengthening compatibility and the year of 2020. Several measures are of the Central Military Commission) joint applications with other naviga- proposed to support this initiative. and became effective on June 1, 2014. tion satellite systems; Several Opinions on the Promotion of Although it has a lower status than “law” • using frequency and orbital slot Geo-information Industry Development. or “regulation”, this “rule” for now is the resources according to international This policy document was released by only legal-binding document in effect rules, particularly the Radio Regula- the General Office of the State Coun- that relates directly and specifically to tions by the International Telecom- cil in January 2014 with the purpose of BDS applications. munication Union (ITU); promoting the development of China’s The full text of this rule is not open • promoting the ratification of the geo-information industry as a whole. to the public; however, the rule is known BDS in accordance with interna- Accordingly, the industry development to be structured in 7 chapters, contain- tional standards, particularly those of the BDS is an important element to ing 36 articles, which specify the duties of the International Civil Aviation allow the integration between geo-infor- and responsibilities, programming and Organization (ICAO) and the Third- mation and PNT services, which is rec- planning, application and approval, Generation Mobile Communication ognized as an important way to facilitate organizations, technical support, and Standard Partnership Project (Note people’s lives. security management regarding utili- that the BDS already gained recogni- Several Opinions on Promotion and zation of the BDS by Chinese military tion from the International Maritime Application of the BeiDou Satellite Navi- troops, particularly in combat situations. www.insidegnss.com JANUARY/FEBRUARY 2017 InsideGNSS 41 GNSS & THE LAW
In addition, some normative docu- It is true that the strategy, goals, prin- an air law thesis entitled “Legal Study on the Pos- ments having no legal effect play an ciples and action plans for the BDS are sessory Lien over Civil Aircraft”. He now specializes in aerospace law, particularly the law of GNSS and important role in the specific manage- reflected by several policy documents, the BDS, and has published several legal essays on ment of BDS-related activities. These but none of them assigns specific tasks GNSS, the missing Malaysian airline flight MH370, documents are issued by to each department; this inconsistency and radio frequency. In addition, he is operating • the CNAGA, for example: Quality potentially compromises the implemen- the website of AeroSpaceLaw.cn, where you could Management Provisions for BeiDou tation and enforceability of BDS policies find more information on China air and space law. Civil Service, Authorized Manage- in practice. Even though a law related to Fabio Tronchetti, works ment Methods of Quality Inspec- the BDS would be more legally binding as an adviser at the Hao- liMo Law Firm, based in tion Agencies for BeiDou Products, than the planning and opinions that we Beijing (China), and as an Performance Standard of Shipborne have described here, only one classified adjunct professor of BeiDou Receiving Devices, and other military rule is available thus far for Comparative National authoritative information regard- China’s GNSS program. Space Law at the the ing BDS application management, Fortunately, a regulation on satel- School of Law of the University of Mississippi (Unit- ed States). Previously he served as an associate certification of the BDS service and lite navigation proposed by the Equip- professor at the School of Law of the Harbin Insti- application, and inspection of BDS ment Development Department of the tute of Technology (China) and as lecturer and products’ quality; Central Military Commission has been academic coordinator at the International Institute • the CSNO, for example: BeiDou listed into the Research Items of the of Air and Space Law, Leiden University (the Neth- Navigation Satellite System Signal In State Council Legislative Workplan for erlands). He is regularly invited to give lectures at several European and Asian Universities. Tronchet- Space Interface Control Document 2016, as one of the of Legislative Projects ti has participated as a speaker in several interna- Open Service Signal, BeiDou Navi- Related to Implementing the National tional space law conferences and has published gation Satellite System Open Service Security Strategy and to Protecting three books and over 30 articles in internationally Performance Standard, Terminology National Security. Even though the term peer-reviewed space law and policy journals. He for BeiDou Navigation Satellite Sys- “Research Items” represents low priority, holds a PhD in international space law (Leiden Uni- versity), an advanced LL.M in international relations tem (BDS), and 16 other standards at least it lights up the hope for a future (Bologna University, Italy) and studies at the Uni- prepared especially for the BDS. legal regulation of the BDS. versity of Cambridge, England (UK). He is a member of the International Institute of Space Law (IISL), Way Forward Additional Resources European Center for Space Law (ECSL), the Asian Although China has made great achieve- [1] BeiDou Satellite System (BDS), official website: Society of International Law. ments on the research, development, and
42 InsideGNSS JANUARY/FEBRUARY 2017 www.insidegnss.com