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Space Business (0)

1 Hindamata
Punktid
Case study:
Launching of a
Communication
Satellite
Luxembourg France
The facts:
Luxtra, a Luxembourgian broadcasting
company, intends to launch a communication
satellite
Type : Medium-power satellite using the Ku
band
Purpose : To broadcast Luxembourgian TV
channels throughout the EU
Engages help from France:
Launching of satellite with Ariane V
Launch pad in Kourou, French Guiana
I) Responsibilities
for outer space
activities
1) Outer Space Treaty
(Treaty on principles governing the
activities of states in the exploration
and use of outer space, including the
moon and other celestial bodies)
Who are the launching states?
Luxembourg ­ state who is funding the launch
- state to which the satellite
belongs
France - state who is launching the satellite
- state whose territory is used to
launch (French Guiana)
- state whose facilities are used to
launch (Ariane V)
Who should be liable for damages
caused by the outer space objects?
France and Luxembourg
are both responsible for any
damages caused by their
space objects
Exemple : Accident involving 3 states
Case 1 : Luxtra collides with a German
satellite
If the damage took place in the outer
space, Germany could ask for
compensation only after a fault is
established
Case 2 : A part of Luxtra falls back to
Earth and destroys a building in
Germany
If the damage took place on Earth,
Germany could ask for compensation
even before a fault is established
2) Convention on Registration of
Objects Launched into Outer
Space
1 Registry of
Notifying
launching Launchings
State/Organizatio
state
n
Information concerning each space object to be submitted to the UNOOSA
(United Nations Office for Outer Space Affaires)
1. Names of launching states: France &
Luxembourg
2. An appropriate designator of the space
object/its registration number
3. Date & territory/location of launch : Kourou
4. Basic orbital parameters
5. General function of the space object : TV
broadcasting
Orbit/Spectrum allocation procedure
Advanced publication (at least 2 years before):
Luxembourg designates the volume of orbit/ spectrum that it requires
International coordination between member states of the ITU
What is ITU and which role is it
playing?
ITU
International Telecommunication Union aims
ü
Equitable access to orbit/spectrum resources
ü
Efficiency of orbit/spectrum use
ü
Interference-free radio communication
ITU assigns frequencies /orbital positions (,,first come, first served")
Notification/recording in a Master International Frequency Register (MIFR)
Broadcasting regulation
EU
EFCA
EU Regulation
Supports european cinema industrie (copyright protection)
Sets up the legal framework in relation to e-commerce
Enforces antitrust rules for protection of consumer choice and diversity.
EFCA (European Film Companies
Alliance) aims
Development of the European audiovisual market
ü
Promotion of independent productions
ü
Cultural diversity
Television Without Frontiers
Directives
Fostering European film/audio production to ensure a
minimum market access of 51 % of diffusion time
Quota requirement in terms of independent production: 10
% of broadcasting time or programming budget
Freedom of communication
Respect of european laws
Respect of human dignity
Protection of minors
Independent administrative authorities
Guarantee national broadcasting freedom
Enforce the law over services which fall under national jurisdiction
Schedule programs appropriately (ie not containing violence, sex, rassisme
during day)
Examples: CSA (France), ITC (UK), TVWF
(Luxemburg)
The Medya TV Case
§ Med TV is an International Kurdish satellite TV which license was
revoked (1999) in UK because of violent demonstration after the
arrest of Ocalan (Kurdish militar leader, head of an terrorist
organization PKK)
§ Med TV changed its name and moved to France
§ Medya TV introduced in 2002 a request for an agreement with CSA
§ The CSA did not answer. This implicit refusal was challenged
by Medya TV
§ The French Appeal Court rejected their request in February 2004
§ Med TV began transmitting from Danemark under the name RojTV
Sanctions
§ Administrative sanctions are issued when broadcasters fail to respect
their obligations and commitments.
§ The CSA can sentence a broadcaster to a
§ financial penalty
§ suspend a broadcasting licence or reduce its term
§ withdraw it (in the most serious cases).
Since July 2004, it can request a satellite operator to stop broadcasting a
channel
§ All decisions may be challenged before the administrative court
(Conseil d'Etat)
Questions
Vasakule Paremale
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