The extraordinary disruption and innovation in the satellite industry over recent times has created an array of regulatory issues and imperatives. The global success of new satellite services, constellations, equipment and devices ultimately hinges on achieving market access and conformity to national licensing rules where deployment is targeted.
National authorities ultimately decide if, how, and under what conditions to grant spectrum within their territories, as well as other key authorisations - like satellite landing rights, telecommunication services and type approvals.
This lack of harmonised global framework has led to an assortment of licensing models and approaches worldwide - and in very many cases, domestic regulations needing large-scale modifications to adapt to industry changes and international trends.
National consultations, also known as public consultations or calls for input, are playing a key part in this environment, having been embraced by regulators to help address complex issues in a more transparent, balanced and collaborative manner. They are an invaluable opportunity to influence and shape the national licensing rules that impact on new satellite services, often overlooked by budding satellite innovators in their global strategies.
An important dialogue
Consultations are mechanisms employed by regulators under their general protocols towards implementing regulatory or legal instruments. They are usually initiated by public announcement, setting out the deadline and procedure for comments, and publishing key documents. These typically include a main document outlining the issues, the objectives of the consultation process, the instrument/s under review and the regulator’s proposals (or a range of options) for moving forward, together with analysis across different standpoints (technical, economic, competition, etc.). The draft instruments may also be published for illustrative purposes.
Stakeholders and interested parties are typically given a few months or more to analyse and engage in the process, submitting their written opinions, views and arguments, alongside those of other stakeholders with similar or competing interests. After compiling initial submissions, there may also be further commenting rounds, including public hearings with further opportunity for interaction. This all aids the official process by reaffirming or casting doubt on the authority’s proposed conditions or general licensing propositions.
In terms of their focus and depth, national consultations can vary widely. They can be broad in scope, considering entire new frameworks on satellite-related services, or on radio spectrum strategies across multiple bands. Alternatively, they can be targeted at specific types of radiocommunication services or technologies and applicable licence conditions. For example, the areas of Direct-to-Device (D2D) and satellite Internet-of-Things (IoT) have been the focus of a number of consultations during 2024, as regulators have sought to consult with stakeholders and find compromises across different regulatory and technical permutations.
Navigating the difficulties
In most countries, the actual procedure for making comments to consultations is relatively straightforward, typically done electronically, either through email or via online portal. Generally, no regulator fees apply, nor are there special obligations attached, such as the need for a local presence.
However, the task of monitoring, identifying and crafting submissions to the various consultations can be challenging and resource-intensive for stakeholders – particularly new entrants. This can result in regulations being shaped by a handful of established regional or global players. And with each country working to its own timetable, several consultations could be running at the same time in different markets with misaligned deadlines for input.
Compounding the problem is the fact that the precise issues that merit engagement aren’t always immediately clear without deeper analysis. This often happens for wide-reaching consultations, where there may be one or more highly impactful issues for a certain operator, within a hundred-page document spanning multiple topics across terrestrial and satellite domains.
A challenging but rewarding endeavour
Whilst the process can be challenging, the rewards can be high. Stakeholders who closely follow and strategically engage in consultations across key regions may be rewarded by a deeper understanding of the regulations and licensing trends to navigate. Engagement can unlock other more indirect advantages, such as local market intelligence, spectrum safeguarding, investor confidence, building relationships with regulators and raising the company’s profile. In most cases, the regulator makes all contributions public, subject to confidentiality requests.
Consultations in one country can also be followed by neighbouring countries, or other thought-leading regulators globally - particularly for ground-breaking new services, with D2D a primary example. Since the US Federal Communications Commission (FCC) paved way for D2D in certain mobile bands during 2023, under its Supplemental Coverage from Space (“SCS”) framework, other key markets have followed suit by launching their own consultations on the matter last year – including Canada (ISED), Australia (ACMA) and the UK (Ofcom).
The growing complexity of new services has undoubtedly raised the value of stakeholder consultations. Regulators require insight from the innovators themselves to ensure sound regulation in regard to fine technical nuances. Satellite and terrestrial systems are becoming more interwoven and the network interface more multi-layered. Advances in technology, coupled with 3GPP Release 17, expanded the reach of 5G to include “non-terrestrial networks” (NTN) and the possibility to deliver a signal directly to a handset, or other connected device, from a low earth orbit (LEO) satellite. This spawned several major industry partnerships, with well-funded and aggressive roll out plans. Questions around the licensing and use of radio spectrum for D2D, especially in the mobile spectrum, underpin the different consultations, with the accompanying technical, consumer and competition issues.
Enabling extraordinary
The rapid development of the satellite industry has given host to a range of regulatory challenges and opportunities. The complexity of new services, like D2D and satellite-based IoT underscores the true value of national consultations. And as satellite and terrestrial systems become more integrated, and new technologies like 5G non-terrestrial networks expand the possibilities for satellite communication, consultations will remain a vital tool for navigating the future of global satellite licensing and ensuring the success of innovative services worldwide.
As part of our wrap-around support, River Advisers helps clients monitor and engage in national licensing consultations worldwide to optimise their global market access strategies and geographical coverage. In an increasingly fast-moving and complex landscape, we help clients plan ahead for and influence key regulations that may impact upon their global roll-out aspirations.
For further information or queries, please contact:
Matthew Evans,
Director Regulatory Affairs
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