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Regulation in Outer Space

Christian Koenig, Martin Busch


Telecommunication by satellites is the most important commercial utilisation of outer space. In order to operate a satellite system, access to radio frequencies and access to the geostationary-satellite orbit positions are necessary, which both constitute scarce natural resources. Due to the transborder scope of satellite services and the importance of rational and efficient use of these natural resources, an international regulatory framework regarding the usage of orbit positions and frequencies by satellites has been established within the International Telecommunications Union (ITU). This article investigates the ITU allotment procedures and their implications for national (German) radio spectrum regulation. It thus shows how national frequency assignment procedures have to correspond with the international allotment framework, as national administrations merely assign ITU derived (allotted) usage rights to commercial applicants. However, national authorisations provide an exclusive effect for assigned usage rights in a strict regulatory sense, but not as property rights.

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