Memorandum 121
Submission from Ofcom
INTRODUCTION
1. Ofcom was established as a body corporate
by the Office of Communications Act 2002. Ofcom is the regulator
for the UK communications industries, with responsibilities across
television, radio, telecommunications and wireless communications
services. In relation to satellite and space sciences, Ofcom are
responsible for international and national spectrum management,
including:
— International negotiations on space
and science services allocations within the ITU Radio Regulations.
— Managing, on behalf of UK government,
the specific ITU satellite co-ordination and notification procedure.
— Earth station licensing in the UK.
— Engagement in international forum
on sharing criteria for space and science services spectrum shared
with other services.
2. Current specific activities which Ofcom
is undertaking on behalf of our stakeholders in the satellite
sector are the preparation and attendance, later this year, at
the international ITU World Radio Conference; and support to the
European Commission's process for the selection & authorisation
of Mobile Satellite Services (MSS) at 2GHz.
3. Whilst we believe that, given the specific
focus of your inquiry, it would not be appropriate for Ofcom to
comment more widely on the issues that have been raised, nor to
expand on the range of issues we deal with, within the satellite
and space arena, we do think it would be helpful to give some
context to a number of specific points, raised during the inquiry
that relate to directly to Ofcom's activities in this regard.
4. Ofcom Response to P.168 of the memoranda
(from Intellect):
5. "To help government users and UK
enterprises exploit space and fulfil its wider policy objectives
the UK should seek to align its regulatory approach to support
its strategic development, rather than hinder it as sometimes
appears to be the case now. For example, Ofcom's management of
UK spectrum use is becoming very UK-centric in that the wider
policy implications and international dimensions of existing and
new satellite services do not appear to be taken into adequate
account when planning future spectrum usage. Specific examples
include:
— "Ofcom is seeking to allow new
terrestrial services to encroach on the existing receive C-band
transmission band which will restrict the introduction of new
earth stations and potentially cause interference into existing
links. This is the prime band for global connectivity and could
jeopardise the UK links to other countries, in particular in Africa
where satellites in this band provide the only available telecommunications
link between the UK and many of the poorer countries."
6. This is a very important issue for the
UK and Ofcom is currently considering this as part of its preparation
for the ITU World Radio Conference. Ofcom consulted with UK stakeholders
on the line that the UK should take in the international discussions
which might lead to this decision, earlier this year, to which
responses were received from both the mobile and satellite stakeholders,
presenting conflicting views. Ofcom is currently evaluating these
responses and expects to make a statement on this issue in the
near future.
— "Ofcom is planning to use an
unwieldy clearance mechanism for temporary transportable terminals
in the internationally designated exclusive satellite bands (eg
14-14.25GHz) for VSAT services. This would represent an additional
burden for new players seeking to support the security and emergency
services with new capabilities."
7. Ofcom has no plans to change the way
temporary transportable satellite terminals are cleared for permission
to operate. Ofcom assumes that a misunderstanding has occurred.
— "Ofcom requiring clearance (SATCLEAR)
and registration of VSAT terminals for satellite broadband and
similar services in the UK—no such registration is required
in some other parts of Europe."
8. Ofcom has an obligation to ensure that
vital government communications and safety services are protected
from the risk of interference. This has resulted in the current
site-clearance procedures. Ofcom keeps such requirements under
review so as to minimise the regulatory burden on stakeholders
and is currently reviewing with MOD and CAA their specific requirements
within the SATCLEAR process.
— "Ofcom is proposing a massive
increase in satellite earth station licence fees (at least three-fold
for most permanent earth stations) and this will have a detrimental
effect on business cases for satellite services."
9. Satellite Earth Stations and Fixed Link
systems operate in spectrum that is allocated to both services
on a shared basis. Licences are awarded to new applicants for
either type of station on the basis of being able to demonstrate
frequency coordination with systems that have already been licensed.
Therefore the value factors in the proposed Satellite earth station
fee algorithms are derived from comparable value factors that
were introduced into Fixed Link licence fee algorithms in 2005.
The revised Satellite Earth Station fee algorithm is structured
in a similar way to the existing fee algorithm. However, some
years ago the value factors in the fee algorithm were erroneously
set too low and as a result Earth station licence fees fell dramatically
below the level they had been previously. This revised fee algorithm
was the subject of a public consultation and corrects the anomaly
which has existed for five years.
May 2007
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