“the single most knowledgeable law firm about space and satellite regulations” Chambers & Partners 2020
Regulatory Briefing – August 2020
Europe o Guidance on security matters for applicants and licensees. United Kingdom o Guidance on the investigation of spaceflight accidents. DfT and UKSA publish consultation on o Guidance on appealing decisions draft regulations to implement the SIA made under the SIA. o Guidance on liabilities under the SIA. On 29 July 2020, the Department for Transport o Guidance on duties for all licensees (DfT) and the UK Space Agency (UKSA) under the SIA including monitoring published the public consultation on the draft and enforcement by the regulator. secondary legislation and accompanying documents (Consultation) for implementation The Consultation confirms that the Outer Space of the Space Industry Act 2018 (SIA). Act 1986 (OSA) will continue to regulate:
The Consultation seeks views on the operability - the procurement of the overseas launch of and effectiveness of the following documents. a space object by a UK entity; and - the operation of a satellite in orbit from an - Three draft secondary legislative overseas facility by a UK entity. regulations (Draft Regulations): o The Space Industry Regulations 2020; The SIA will regulate the following activities o The Spaceflight Activities (Investigation carried out from the UK: of Spaceflight Accidents) Regulations 2020; and - launch (space or sub-orbital) and return; o The Space Industry (Appeals) - the procurement of a UK launch (space or Regulations 2020. sub-orbital); - The Impact Assessment of the Space - the operation of a satellite in orbit; Industry Regulations 2020. - the operation of a spaceport; and - The Regulator’s Licensing Rules. - the provision of range control services. - A series of accompanying guidance documents as follows. The Draft Regulations regulate, for the first time, o Principles and guidelines for the aspects such as cybersecurity, monitoring and the spaceflight regulator in assessing enforcement powers of the regulator (such as the ALARP and acceptable risk. power to appoint an inspector and to issue stop o Guidance on applying for a licence. notices) and requirements for training, o Guidance for launch operator and qualifications and medical fitness of all relevant return operator applicants and personnel carrying out licensed spaceflight licensees. activities. o Guidance for spaceport licence applicants and spaceport licensees. It is important to note that the Government o Guidance for range control licence intends to extend the appeals process under the applicants and licensees. Space Industry (Appeals) Regulations 2020 to the o Guidance for orbital operator licence OSA regulatory regime. applicants and licensees. o Guidance for the assessment of Under the Draft Regulations, the default regulator environmental effects. for licensing and ensuring the compliance of
Alden Legal Regulatory Briefing August 2020| www.wearealden.com
“the single most knowledgeable law firm about space and satellite regulations” Chambers & Partners 2020
spaceflight and associated activities with the SIA communications industry (including broadcast, will be transferred from the UKSA to the Civil fixed, mobile and satellite communication Aviation Authority (CAA). It is the Government’s networks and online communications sectors), intention to also delegate the regulation of in-orbit and which could: activities under the OSA to the CAA. - enable the delivery of new services which Further consultations will be published to seek are valued highly; views on the proposed approach relating to: - broaden and deepen access to services; - increase the performance of networks, - insurance requirements under section 38 improving user experience; of the SIA; - lower barriers to entry into markets; - the Government’s ability to limit a - reduce the cost of delivering services; licensee’s liability under section 35 of the - change the way Ofcom authorises and SIA; and regulates networks and/or services; - the charging scheme for the regulator’s - assure the security and resilience of service performance of functions under section 62 delivery; and and Schedule 11 of the SIA. - reduce the total environmental impact of delivering communications services and The deadline for submitting a response is 23:59 associated activities. (BST) on 21 October 2020. The deadline for submitting a response is 17:00 Alden Legal plans to publish a series of briefings (BST) on 3 September 2020. every two weeks in relation to the Consultation, covering different aspects of it. We will critically Ofcom publishes a further consultation on review the commercial and practical application of the implementation of the new European the detail of the provisions in the draft secondary Electronic Communications Code legislation and consultation guidance proposed by the Government and provide our informed view to On 24 July 2020, Ofcom published a further assess the impact for the UK space industry. consultation containing revised proposals to modify and set new general conditions under the The first of the series of our briefings on the Communications Act 2003 in relation to annual Consultation can be accessed here. best tariff information and business customer definitions to implement the new European Please contact Joanne Wheeler Electronic Communications Code. ([email protected]) if you would like our assistance with your response to the The deadline for submitting a response is 11 Consultation. September 2020.
Ofcom calls for inputs on emerging Defence and Security Acceleratorlaunches technologies and their potential impact on a competition to provide solutions to the communications industry identified defence problems
On 23 July 2020, Ofcom published its “Call for On 22 July 2020, the UK Government Defence and inputs: Emerging technologies and their potential Security Accelerator, on behalf of the Defence impact on the communications industry”. Science and Technology Laboratory, launched a competition to seek proposals for potential defence Through its call for inputs, Ofcom seeks to identify solutions that meet a selection of the space the state of development and feasibility of emerging technologies that could affect the
Alden Legal Regulatory Briefing August 2020| www.wearealden.com “the single most knowledgeable law firm about space and satellite regulations” Chambers & Partners 2020
capability challenges faced by the US Department Luxembourg of Defense and the UK Ministry of Defence. Luxembourg to create a European Space The competition is focussed on technologies that Resources Innovation Centre by the end of have proven commercial value, with potential to be 2020 applied to military space capability issues. The proposed solution may therefore be an adaptation The Luxembourg Space Agency and the of an existing non-defence solution. Luxembourg Institute of Science and Technology signed a cooperation agreement to create a £800,000 is available to fund up to 15 proposals, with a maximum value of £53,000 each. The European Space Resources Innovation Centre duration of each of the funded projects is to be no (ESRIC) by the end of 2020. longer than three months. ESA will also join the ESRIC as a strategic partner To be eligible to submit a proposal, applicants pursuant to the Memorandum of Cooperation must first complete a registration questionnaire, signed between the ESA and the Luxembourg the deadline for which is mid-day (BST) on 19 Space Agency in November 2019. August 2020. European Union The deadline for submitting a proposal is mid-day (BST) on 2 September 2020. European Commission reduces its space budget for the next seven years The entities which are successful during the submission stage will be invited to present their On 21 July 2020, the European Commission ideas at an International Space Pitch Day to be agreed to reduce its budget for the European held on 16 and 17 November 2020 in London (or Union’s space programmes for the next seven virtually). years (2021 – 2027), to a maximum of €13.2 billion. Latvia The approved space budget allocates: Latvia becomes an ESA Associate Member State - €8 billion to the Galileo navigation satellite system; and Following the signature of the Association - €4.81 billion to the Copernicus Earth Agreement between the European Space Agency observation programme. (ESA) and Latvia on 30 June 2020, the Latvian Parliament ratified the Association Agreement on The remaining €392 million is likely to be split 27 July 2020 making Latvia an Associate Member between the Governmental Satellite of ESA. Communications initiative and the Space Situational Awareness programmes. The Association Agreement will be in force for seven years allowing direct Latvian participation in ESA operational programmes, subject to the unanimous approval of respective participating ESA Member States.
Alden Legal Regulatory Briefing August 2020| www.wearealden.com “the single most knowledgeable law firm about space and satellite regulations” Chambers & Partners 2020
United States - returning humans to the Moon to stay; - extending a human presence to Mars; Department of Commerce publishes a - the potential for deep space science; and notice of findings amending the resolution - education and the US workforce. limit of satellite imagery with respect to Israel The Report also identifies the following five major roles for the US government to carry out its space On 21 July 2020, the Department of Commerce exploration strategy: published a notice in the Federal Register, announcing its findings that satellite imagery of - promoting a secure and predictable space Israel is readily and consistently available from environment for the long-term non-US commercial sources at a resolution of 0.4 sustainability of space activities; meters Ground Sample Distance (m GSD). - supporting the development of commercial activities and industry in space; This public notice is in the context of section 1064 - supporting research and development of of Public Law 104-201 (also known as the Kyl- new space technologies; Bingaman Amendment). The Kyl-Bingaman - creating infrastructure needed for space Amendment limits commercial satellite imaging exploration and development with systems licensed by the US government to collect commercial and international partners; or disseminate satellite imagery with respect to and Israel which is “no more detailed or precise than - supporting advanced space research by satellite imagery of Israel that is available from public and private sector US research commercial sources”. All licences issued by the US communities. Commercial Remote Sensing Regulatory Affairs Office include a standard condition implementing WTB releases final cost category schedule the requirements of the Kyl-Bingaman for the C-band relocation expenses and Amendment. process and deadline for lump sum elections The published notice therefore changes the existing resolution limit of satellite imagery with On 30 July 2020, the Wireless respect to Israel from 2.0 m GSD to 0.4 m GSD. Telecommunications Bureau (WTB) of the Federal Communications Commission (FCC) The National Space Council releases a released a public notice in relation to the FCC’s report on the exploration and development adoption of new rules on 29 February 2020 to of space auction 280 MHz of the 3.7 – 4.2 GHz band (C- band) detailing: On 23 July 2020, the National Space Council released a report “A New Era for Deep Space - the final cost category schedule of potential Exploration and Development” (Report) to expenses and estimated costs for outline the US’ existing policies for the exploration reimbursement; and development of space. - the optional lump sum payment amounts for which incumbent fixed satellite service The Report outlines the following five major areas Earth station operators are eligible; and of effort in the overall space exploration strategy: - the process and deadline for electing to receive lump sum payments. - commercialisation of low Earth orbit activities;
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WTB seeks comment on the selection of the the commercial space weather sector and Relocation Payment Clearinghouse and space weather end user community, the Relocation Coordinator for the C-band auction to better predict severe space weather events and mitigate their impact. On 3 August 2020, the WTB released two public notices to seek comment on: The Space Force publishes its first doctrine, “Spacepower” - the selection of CohnReznick and subcontractors Squire Patton Boggs (US) On 10 August 2020, the Space Force published a LLP and Intellicom Technologies, Inc as Space Capstone Publication entitled “Spacepower” the Relocation Payment Clearinghouse; (SCP). The SCP sets out “Spacepower” as a and doctrine for the Space Force and distinguishes it as - the selection of RSM US LLP to serve as the a separate and distinct form of military power on Relocation Coordinator par with landpower, seapower, airpower and cyberpower. for the FCC’s public auction to clear 280 MHz of the 3.7-4.2 GHz band (C-band Auction). Middle East
The deadlines for filing comments and reply Egypt comments on both public notices are 18 August 2020 and 28 August 2020 respectively. Egyptian Space Agency to launch an online space training platform in October FCC establishes bidding procedures for 2020 December C-band Auction The Egyptian Space Agency is to launch an online On 7 August 2020, the FCC released a public notice platform to provide space-related training courses establishing the final application and bidding to support the Egyptian Space Agency’s capacity procedures for the C-band Auction. development ambitions in October 2020.
The C-band Auction is to begin on 8 December Africa 2020. South Africa Senate passes the PROSWIFT Bill South Africa ratifies the SKA Observatory On 27 July 2020, the Senate passed the Promoting Convention Research and Observations of Space Weather to Improve the Forecasting of Tomorrow On 2 June 2020, South Africa ratified the (PROSWIFT) Bill. Convention (Convention) establishing the Square Kilometre Array Observatory (SKAO), The PROSWIFT Bill calls for the establishment of: following its signature of the Convention on 12 March 2019. - an interagency working group to ensure coordination within the US government; The Convention is aimed at establishing SKAO, an and intergovernmental organisation, to oversee the - a space weather advisory group composed delivery of the world’s largest radio telescope, the of members appointed by the interagency Square Kilometre Array (SKA).
working group representing academia,
Alden Legal Regulatory Briefing August 2020| www.wearealden.com “the single most knowledgeable law firm about space and satellite regulations” Chambers & Partners 2020
Australia and South Africa are to host the initial phase of the SKA project. The global headquarters Joanne Wheeler MBE of the SKAO is to be located at Jodrell Bank, UK. Managing Partner [email protected] The Convention will enter into force once ratified by the three host countries: Australia; South Toby Ward Africa; and the UK; and two other countries. Partner [email protected]
Alex Monk Partner and COO [email protected]
Justin Barrow Associate [email protected]
Vicky Jeong
Associate (admitted in New York)
Joe Butler Project Manager
Patrick Selley Solicitor [email protected]
Jason Betteley Barrister [email protected]
Elizabeth Holden Solicitor [email protected]
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