Elina Morozova Head of International & Legal Service,

1. 5th Luxembourg Workshop on Space and Satellite Communication Law Innovation in Outer Space: Legal and Regulatory Aspects 31 May – 1 June 2016 REGISTRATION OF NON-GSO CONSTELLATIONS Elina Morozova Head of International & Legal Service, Intersputnik International Organization of Space Communications

2. LEGAL FRAMEWORK • Convention on Registration of Objects Launched into Outer Space, entered into force on 15 September 1976 • Resolutions Adopted by the United Nations General Assembly • (1) 1721 (XVI) International Cooperation in the Peaceful Uses • of Outer Space (20 December 1961) • A/RES/59/115 Application of the Concept of the “Launching State” (10 December 2004) • (3) A/RES/62/101 Recommendations on Enhancing the Practice • of States and International Intergovernmental Organizations in Registering Space Objects • (17 December 2007) • A/RES/68/74 Recommendations on National Legislation • Relevant to the Peaceful Exploration and Use of Outer Space (11 December 2013) • Do not distinguish between • registration ofa non-GSOsatelliteanda GSO satellite • registration ofanindividual satellite and a satellite being part of a constellation • = the same regulatory regime 2

3. WHAT IS A NON-GSO CONSTELLATION? A non-GSO constellation is a group of satellites operating together under shared command and control as a single system to satisfy a particular common purpose 3

4. FEW WELL-KNOWN EXAMPLES GPS GLONASS GALILEO • 3 orbital planes • 8 satellites on each • = 24satellites • 3orbital planes • 9 satellites on each • = 27satellites • 6 orbital planes • 4 satellites on each • = 24satellites • 6 orbital planes • 8 satellites on each • = 48satellites • 6 orbital planes • 11 satellites on each • = 66satellites GLOBALSTAR IRIDIUM (satellite phone and low-speed data communications) (voice and data coverage over the Earth’s entire surface) 4

5. EVERYDAY SPEECH, MEDIA, OFFICIAL PUBLICATIONS 5

6. TO COMPARE: GSO AND NON-GSO SYSTEMS Each satellite in a non-GSO constellation isa replaceablestandard component ofa unitary system Each GSO-satellite is unique and self-sufficient 6

7. WAYS OF NON-GSO CONSTELLATIONS’ REGISTRATION Current practice New practice? Spaceobject as part of a complex object / a cluster of objects Singleseparate spaceobject Singlecomplex spaceobject / cluster of interrelated space objects Several individual spaceobjects 7

8. THE INTERNATIONAL SPACE STATION CASE A similar question arose earlier in the case of the International Space Station – whether it should be conceived as a compound space object with the various elements being regarded as the object’s component parts or whether it should be taken to constitutea cluster of different space objects? 8

9. A COMPLEX OBJECT / A CLUSTER OF OBJECTS? In case a = a singlecomplex spaceobject / a cluster of interrelated space objects Only one State of registry for the whole non-GSO constellation Registration Convention, Article I, paragraph (b): “The term “space object” includes component parts of a space object as well as its launch vehicle and parts thereof” Registration Convention, Article II, paragraph 1: “When a space object is launched into earth orbit or beyond, the launching State shall register the space object …” Each satellite in a non-GSO constellation, being part of a complex object / a cluster of objects, is regarded as a space objectand, therefore, needs to be registered 9

10. ENGINEERING TEST SATELLITE-VII (ETS-VII) Note verbale dated 24 April 1998 from the Permanent Missionof Japanto the United Nations (Vienna) addressed to theSecretary-General General functions of the space object: ETS-VII consisted of two satellites named Chaser (Hikoboshi)and Target (Orihime). After the launch Chaser released Target on orbit. Chaser conducted rendezvous docking experiments with the Target satellite automatically and by remotepilot. It was also to conduct the space robotic experiments by using the robot arm and orbital replacement unit installed on the Chaser satellite. ONLINE INDEX OF OBJECTS LAUNCHED INTO OUTER SPACE 10

11. CLUSTER II Letter dated 27 September 2000 from the Legal Adviser of the European Space Agency to the Secretary-General General functions of the space object: The Cluster II mission consisted of four satellites named Rumba, Tango, Salsa, and Samba. Four satellites were flying in close configuration, which gave to the satellite its name – Cluster. Their scientific goal was to explore the solar wind and its influence on climatic effects on Earth. ONLINE INDEX OF OBJECTS LAUNCHED INTO OUTER SPACE 11

12. ONLINE INDEX OF OBJECTS LAUNCHED INTO OUTER SPACE 12

13. PRACTICAL CONSEQUENCES In case a = a singlecomplex spaceobject / a cluster of interrelated space objects Any visible advantages? Disadvantages(?) of dualregistration: (1) ofanon-GSOconstellation; (2) ofeach satellite in theconstellation. 13

14. SUBMISSION OF INFORMATION • Registration Convention • Information concerning space objects launched into outer space: • name of launching State; • appropriate designator of the space object or its registration number; • date and territory or location of launch; • basic orbital parameters; • general function of the space object. • GA Resolution 62/101 • Additional information concerning space objects: • geostationary orbit location; • any change of status in operations; • approximate date of decay orre-entry; • date and physical conditions of moving a space object to a disposal orbit; • web links to official information on space objects. 14

15. REGISTRATION INFORMATION SUBMISSION FORM The form indicates information which is required under the Registration Convention, preferredunits of measure, additional information which is recommended by Resolution 62/101, andother voluntary information that may be provided to facilitate the useofthe United Nations Register of Objects Launched into Outer Space. 15

16. SUPPLEMENTARY INFORMATION • Given the features of the architecture of non-GSO systems, the sections of the Registration Information Submission Form concerning basic orbital parameters may be supplemented with the following fields: • number and characteristics of orbital planesin a non-GSO constellation; • number of satellites on each orbital plane; • positional relationship of the satellites on orbital planes. 16

17. SUBMISSION OF INFORMATION To avoid dual registration or duplication of submitted information, the volume of such information needs to be different: Information on a non-GSO constellation Information on satelliteswithin a non-GSO constellation Information related to the launching of new satellites Considering that a non-GSO constellation usually includes a large number of satellites, such changes, which do not affect its basic orbital parameters, may come up quite frequently Information related to the retiring of old satellites 17

18. DEVELOPMENT OF NEW TECHNOLOGIES GA Resolution 62/101 • GA Resolution 59/115 • The United Nations General Assembly has noted the following changes in space activities since the Registration Convention entered into force: • the continuous development of new technologies; • an increase in the number of States carrying out space activities; • an increase in international cooperation in the peaceful uses of outer space; • an increase in space activities carried out by non-governmental entities; • partnerships formed by non-governmental entities from one or more countries. 18

19. SOME RECOMMENDATIONS • A non-GSO constellation: a single complex space object / a cluster of interrelated space objects with all the satellites within a constellation under the same regime, or a number of individual space objects? • One State of registry for a non-GSO constellation / for all satellites within a non-GSO constellation. • Cases covered by national legislations (insurance, in-orbit transfer of ownership, mergers and acquisitions, insolvency procedures). • Updating of the Registration Information Submission Form so as to take into account the specific features of the orbital structure and ballistic parameters of non-GSO systems. • Information concerning non-GSO constellations provided in a full and timely manner. • Pre-launch notification? Allthe recommendations concerning registration of non-GSO constellations can be presented in a new UN Resolution. States need to be encouraged to take these recommendations into account in their national regulations on space activities and make relevant requirements part of their licensing mechanisms. 19

20. DO WE NEED ANY CHANGES? • The following new non-GSO projects are to be implemented: • the OptiSAR constellationof 16 satellites– 8 tandem pairs in 2 orbital planes – designed by UrtheCast; • a constellation based on a Canadian filing called CANPOL-2designed as an 8-plane architecture with 9 satellites per plane in low and highly elliptical Earth orbit – up to 72 satellitesin total; • a Liechtenstein filing on behalf of the 3ECOM-1 project which proposes 24 satellites in each of 12 orbital planes, or 264 satellites in total; • aCanadian filing registered under the name COMSTELLATIONthat would use 794 satellitesin low Earth orbit flying in 12 orbital planes; • OneWeb which intends to launch around 700 satellites that will orbit in 20 orbital planes; • Thales Group of France with a filing called MCSatcovering one series of between 800 and more than 4,000 satellites at different altitudes and different orbital architectures in low Earth orbit, medium Earth orbit, and highly elliptical Earth orbit; • SpaceXwhich has also announced plans to build a 4,000-satellite constellation; • a frequency filing made through Norway for several satellite networks called STEAMdescribed as 4,257 satellitesdistributed among 43 orbital planes. 20

21. 5th Luxembourg Workshop on Space and Satellite Communication Law Innovation in Outer Space: Legal and Regulatory Aspects 31 May – 1 June 2016 THANK YOU FOR YOUR ATTENTION! Elina Morozova Head of International & Legal Service, Intersputnik International Organization of Space Communications