Department of Innovation, Industry, Science and Research

Comment on ACMA discussion paper Earth Station Siting - Guidance on the establishment of new Earth Stations and other space communications facilities or the expansion of existing facilities.

1. INTRODUCTION

The Department of Innovation, Industry, Science and Research (‘the Department’) is pleased to comment on the ACMA discussion paper Earth Station Siting - Guidance on the establishment of new Earth Stations and other space communications facilities or the expansion of existing facilities (‘the discussion paper’).

The Department applauds the ACMA’s recognition that a long term strategic plan for Earth station siting is required, given the increasing importance that space sector infrastructure will play to support Australia’s national interests in both domestic and international contexts. Earth stations provide key space-based capabilities that underpin operations in government, facilitate our scientific endeavours and maintain the superior living standards of our communities through the provision of public good and commercial services. Furthermore, the establishment and operation of foreign Earth stations in Australia has a wide range of benefits including strengthened international relations; foreign investment in Australia; growth in the employment market for local and scientific communities; and the flow on benefits of innovation and knowledge transfer into our scientific community and industry.

The Australian Government’s recently released Principles for a National Space Industry Policy (‘the principles’) recognises the importance of effective spectrum management for the maintenance of these capabilities and benefits, and for the development of Australia’s nascent space industry. The principles will form the basis of the national space policy that is currently being developed, and recognise that access to spectrum must be balanced effectively between the actors in the various communications sectors. As stated in the principles:

Access to radiofrequency spectrum is an important dimension of Australia’s ability to leverage access to space system capability from international interest in locating ground station facilities in Australia. Australia will facilitate access to the radiofrequency spectrum in a way that balances the requirements of space systems with other services, consistent with statutory requirements and principles for spectrum management.

2. KEY ISSUES

2.1 Development of measures to enhance and protect existing facilities

The Department commends the ACMA for initiating a discussion of future strategies for Earth Station siting. However, a key theme throughout the paper for ‘meeting the requirements for satellite Earth stations and space communications’ focuses heavily 2 upon the creation of satellite parks and establishing mechanisms for moving the space industry to these parks. In this respect, the ACMA may be placing too great an emphasis upon future siting considerations and not enough on developing measures that could enhance and protect existing facilities from radiofrequency interference or spectrum access pressures. Investments in existing facilities are significant and ongoing, and any measures that can be developed to protect these facilities from interference or spectrum access pressures are preferable over those that would require relocation.

Accordingly, the Department requests the ACMA to develop a framework of measures or options that will provide protection for Earth stations in situ as a priority, through measures such as guard band assignment, spectrum access protection strategies, licensing assurances etc.

2.2 The concept of Satellite Parks

The Department supports the concept of satellite parks as they present the most logical approach to developing a framework for considering long term planning for the location of new or mobile facilities. The concept is generally unsuitable for considering the relocation of existing facilities due to the high cost and extensive operational and staffing implications associated with relocating large and expensive infrastructure. The relocation of Earth stations would also cause major disruption to services, many of which underpin government operations, and would conflict with Australia’s treaty obligations which support facilities such as the NASA Deep Space Communications Complex (DSCC) located in Tidbinbilla ACT, and the European Space Agency’s (ESA) space tracking facilities located in Western Australia. Such facilities are part of international networks and their relocation would strain Australia’s international relationships which are vital for the tangible and intangible benefits that they provide.

Furthermore, the paper’s incentives for owners or managers of existing Earth stations to relocate their facilities are solely through higher pricing mechanisms: ‘opportunity- cost pricing of spectrum’ and the proposition of charging licence fees for guard bands greater than 10MHz band width.

2.3 Additional Objectives

In light of the above, the Department suggests that the ACMA may consider two further objectives in its planning process:

1. To develop a framework of measures or options that will protect existing facilities from interference and provide strategies to assure a level of surety of longer term access to spectrum, such that relocation is considered as the last resort; and 2. Where relocation is necessary, to develop a suite of practical incentives and assistance measures that will encourage and facilitate the relocation of existing facilities. These may include:  Financial incentives such as lower spectrum licence fees 3

 Long-term spectrum access certainty: the use of embargoes, regulations or legislation to protect spectrum bands for space sector use.

3. COMMENTS

The ACMA seeks comment on the proposed objectives for the development of a long-term sustainable strategy for the siting of satellite Earth stations and other space communications facilities.

See above.

The ACMA seeks stakeholder comment on any additional pressures that should be considered in the context of Earth station siting.

Spectrum related pressures are a major issue affecting the location and operation of Earth stations. However, there are a number of other factors and pressures that must be considered when developing a strategic plan for future Earth station siting and the sustainable operation of existing facilities.

Issues such as: . future location with regard to existing utilities and infrastructure, such as adequate services, power and communications connections such as fibre links to high speed broadband services, or preferably to the National Broadband Network; . the willingness of staff to move to remote locations, and the lifestyle afforded by such locations; . the financial, environmental and international relations implications of relocating existing facilities; . incentives and assistance to encourage and facilitate relocation of existing facilities; . future capability requirements of facilities; . security and vulnerability of locating clusters of infrastructure in close proximity; and . other measures that can be utilised to enhance Earth station operations, such as the use of guard bands, should all be considered when devising strategies for sustainable Earth station operations and future site locations.

Australia’s international obligations under space-related treaties must also be taken into consideration when planning for both spectrum allocation and Earth station siting. For example, the impending relocation of the ESA Gnangara space tracking facilities has required the renegotiation of the Agreement between the Government of Australia and The European Space Agency for a Co-operative Space Vehicle Tracking Program (done in Paris on 15 June 1979). A new treaty and implementing arrangement were signed on 5 October 2011, with the treaty obliging the Australian Government to: . use its best endeavours to ensure that the frequency bands set out in the Implementing Arrangements are and remain available to carry out the Agreed Activities, and 4

. use its best endeavours to protect the radio receiving Facilities used for the Agreed Activities from harmful radiofrequency interference from radiocommunications stations within Australia.

It is important that Australia acts with certainty and consistency in order to attract new players and investments into Australia. If this does not occur, Australia’s international relationships may become strained and impact upon the Australian interests that the treaties aim to serve and the capabilities that are facilitated by such partnerships. For example, the Australian Government has a long standing relationship with the United States concerning NASA’s space tracking activities at its DSCC located in Tidbinbilla, ACT. This relationship has been built on more than 50 years of Australian support to the United States space program. The Tidbinbilla facility has been operational since 1965 and will continue for the foreseeable future through an agreement between the Australian Government and the United States Government, with infrastructure investment continuing, including two new 34 metre antennas currently being installed. Any suggestion of a relocation of a station of this magnitude, operation and historic importance would present significant international relations,, economic and social implications. Furthermore, it should be noted that Earth stations such as the DSCC support solar system exploration missions such as the Voyager 1 and 2 spacecraft which use fixed transmission frequencies (S and X band). This means that moving Earth station operations to other frequencies will be impossible to support such missions and that the appropriate spectrum access protection strategies must be developed.

Australia’s international agreements are only set to increase with Earth stations supporting global navigation satellite systems (GNSS) and remote sensing capabilities to be installed in Australia in the short to medium term. Thus it is vital that the ACMA balance the needs and expectations of the international community during its spectrum planning and management activities.

The ACMA seeks comment on areas of growth in the satellite industry. Where is the biggest growth expected? Are there any emerging applications for satellite services that are expected to impact spectrum requirements?

Australia’s space industry is rapidly expanding. Earth observation and remote sensing from space has been the dominant space based application supported by Earth stations in Australia. However, the emergence of GNSS and associated technologies will be a significant capability that will be supported by Earth stations located in Australia in the short to medium term. Furthermore, Australian capabilities and requirements will be shaped as Australia becomes increasingly involved in global space science and technology programmes. Accordingly, the key areas of growth in the Australian space industry are expected to be: . GNSS A number of international space agencies or their partners have approached the Australian Government regarding the establishment of GNSS reference or differential correction stations in Australia for their planned GNSS satellite constellations. It should be noted that GNSS stations must be geographically dispersed in order to provide for effective differential correction of the systems and their required locations may not coincide with those of future satellite parks. Another capability of future GNSS systems may be the broadcast of 5

control signals or positioning information for use in intelligent or automated transport systems. . Remote Sensing/Environmental Monitoring Key growth areas in remote sensing will include precipitation measurement, biomass audit, carbon dioxide/greenhouse gas measurement, soil moisture measurement and satellite altimetry. . Disaster Management Australian efforts may contribute to future global disaster management constellations through ground station support. Mobile stations may also be deployed for this purpose as well as enhancing domestic requirements. . Space Situational Awareness and Space Debris Tracking Australia may play key role in global efforts to track space debris and contribute to allied space situational awareness programmes. . Maritime Vessel Tracking Both civilian and military agencies may use satellite services such as the satellite based automatic identification system (S-AIS) and satellite based wake detection to track and locate maritime vessels.

The ACMA seeks comment on using opportunity-cost pricing of spectrum for satellite Earth station licensing based on spectrum denial caused to terrestrial services.

The Department suggests that if opportunity costs pricing is used to increase spectrum licence costs in developed areas, then licence costs in less densely populated areas may be decreased proportionately. Decreased licence fees may provide a balanced incentive for operators to establish or relocate facilities to such areas.

Notwithstanding, the Department suggests that it may be inaccurate and undesirable to place both commercial players and ‘public good’1 service providers within the same context of an opportunity costs pricing scenario. For example, the long-established public good service providers such as the Bureau of Meteorology, Geoscience Australia and the scientific community in general, all operate in a completely different funding environment to the multinational telecommunications and media players with whom they are competing for access to spectrum.

This type of pricing scenario may also be construed by Treaty partners as possibly undermining the good-will principles upon which cooperative agreements are framed.

The ACMA seeks comment on the concept of satellite parks.

The Department supports the concept of satellite parks as suitable for the location and establishment of new facilities. Operators of existing facilities will face high costs and inconvenience if forced to relocate their facilities, with some disruption to services expected whilst facilities are relocated. Further, operators may find little incentive to relocate through opportunity cost pricing alone.

1 'Public good' is used here to mean public benefit. This is not to be confused with the concept of 'a public good' that is used in economics to refer to a good that is non-rival and non-excludable. 6

The Department strongly recommends that a more comprehensive approach than canvassed in the paper should be developed if the desired outcome is to encourage and facilitate the relocation of existing facilities.

Furthermore, the concept of two satellite parks to service the east and west coasts of Australia may be inadequate to service the many geographical requirements for the multitude of different space applications. For example, the geographical dispersion of Earth stations is required for global positioning system differential correction stations and for remote sensing downlink capabilities. A number of satellite parks to service central, northern and southern regions may also be required.

The ACMA seeks comment on all issues surrounding the development and establishment of an east coast satellite park, particularly on what factors would be necessary to make it an attractive option for Earth station location.

The location of an east coast satellite park would largely concern the same considerations as the Mingenew Satellite Park and these are mostly covered in section 6.1.3 of the discussion paper. However, as stated above, the discussion must also include reference to incentives or assistance for operators to relocate facilities to these locations, and the requirements of centrally based capabilities.

The ACMA also seeks suggestions and information on other incentives that could potentially be offered to encourage the siting of Earth stations in areas of low population density.

As stated above, possible incentives that may encourage operators to consider establishing or relocating facilities to areas of lower population density include:  Financial incentives such as lower spectrum licence fees  Long-term spectrum access certainty: the use of embargoes, regulations or legislation to protect spectrum bands for space industry use.

4. CONCLUSION

The Department commends the ACMA for initiating a discussion on Earth station siting with the intent of creating a framework for long term sustainability of Earth station operations. However, the ACMA’s clear focus upon the creation of satellite parks must be balanced by the development of measures that will protect existing facilities from interference or spectrum access pressures, and suitable incentives and assistance to encourage and facilitate the relocation of existing facilities where this is absolutely necessary. A more comprehensive approach than canvassed in the paper should be developed.

The Department remains at the disposal of the ACMA should further consultation be required.