The Information Space Race

By: Ian Park

Edited By: Luke Vredenburg and Tess Ballis

In a November 1 press release, Amazon announced that the company was making progress on its Kuiper Project, an ambitious, decade-long plan that would release 3,236 telecommunications satellites in hopes of providing fast and affordable broadband coverage to underserved parts of the world.[1] Yet, in order to launch the satellites, Amazon had to file an experimental license application with the Federal Communications Commission. Despite satellites of all kinds being in orbit for decades now, uncertainty surrounding private enterprises' use of space has grown. This uncertainty has led to legal debate surrounding the considerations involved in launching commercial telecommunications satellites and the future of the industry as a whole.

From the moment the U.S.S.R. successfully launched Sputnik 1, the first satellite in orbit, in 1957, the world has been working to solidify an understanding of each nation’s rights in outer space. To truly understand space law, we first have to go back to the 1967 Outer Space Treaty, the first international treaty of its kind concerning the activities of different sovereign nations in the exploration and use of outer space.[2] Since then, the Rescue Agreement, the Liability Convention, and the Registration Convention have all elaborated on the Outer Space Treaty, while the United Nations General Assembly has detailed five declarations and legal principles that further complement these treaties. Among these principles and declarations is the 1982 Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting.[3] This UN principle dictates that “activities should promote the free dissemination and mutual exchange of information and knowledge in cultural and scientific fields, assist in educational, social and economic development, particularly in the developing countries.” 

Under the broad umbrella of space law is international satellite law, which governs the usage and oversight of satellites. However, navigating the maze of which laws to comply with gets even more complicated when we consider that the launching and use of satellites by sovereign nations or private corporations fall under two separate standards — the first is the universally agreed-upon international law, and the second is the more specific telecommunications law of each nation. For the purposes of companies such as Amazon and Starlink launching satellites in the United States, we will focus on the laws America has in place regulating commercial space activities. 

Beginning with the Communications Act of 1934, the federal government has laid the groundwork for telephone, telegraph, and radio communications.[4] Since its ratification, the Act has been occasionally amended to add provisions governing satellite television and other media forms. The Communications Satellite Act of 1962 was one of the first attempts by the Kennedy administration to address the growing private and commercial interest in space.[5] Many view the Act as unpolished and incomplete but necessary in setting the groundwork for future telecommunications law. The Act established the Communications Satellite Corporation, which would later become the first global telecommunications company in the world. The first major overhaul of telecommunications law, however, came with the Telecommunications Act of 1996.[6] The Act’s purpose was to encourage fair competition and to remove barriers preventing entry into the communications business. As such, an entire section of the Act specifies actions to ensure pro-competitive privatization.[6] Furthermore, Section 303 of the Act stipulated that the Federal Communications Committee would have exclusive jurisdiction to regulate the provision of direct-to-home satellite services, including broadband.[6]

More recently, the U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA) was passed to encourage competition between various private aerospace companies.[7] While CSLCA specifically targets commercial spaceflight instead of satellite launches, the act solidifies America’s commitment toward innovation and fair competition in the growing commercial space race. However, legal scholars have raised concerns about CSLCA’s potential conflict with Article II of the aforementioned UN Outer Space Treaty on the exploitation and use of space resources.[8] They argue that the CSLCA violates a conservative interpretation of Article II that allows for the free use of space, prohibiting the appropriation of space by use or occupation by any one entity.  

But how do the complicated intersections of space, satellite, and telecommunications law affect the way American companies approach commercial satellites and space activity today? As mentioned earlier, companies looking to launch satellites have to adhere to both international andAmerican laws on telecommunications. Amazon, for instance, is launching Project Kuiper partly as a way to explore the infant commercial space industry and to have the operational knowledge necessary to establish future operations.[9] Elon Musk’s Starlink has already secured more than $885 million in grant funding from the FCC and launched 1,740 satellites to date, offering affordable Internet rates in 14 countries.[10] Many believe that thanks to CSLCA and the Telecommunications Act, increased competition in broadband services is going to drive down prices for consumers while expanding coverage. As the larger debate over property rights and commercial entities in space continues to grow, space law is naturally going to be the basis for settling disputes. 

Ultimately, the future of our connected world (and in this case, what lies just outside of it) depends on the telecommunication laws in place at different levels of legislature. While we may take satellites and the critical information transfers they facilitate for granted, their prevalence and necessity in our highly interconnected 21st-century lives are hard to overlook. In their current state, America’s telecommunications laws are pushing the country and, in turn, the world in the right direction to encourage innovation and improve access to a basic human right.

Notes:

1. Amazon Staff, “Project Kuiper Announces Plans…,” Amazon. 

2. Stephen Garber, “Outer Space Treaty of 1967,” NASA, https://history.nasa.gov/1967treaty.html. 

3. UN Office for Outer Space Affairs, “United Nations Office for Outer Space Affairs,” UN Office for Outer Space Affairs, https://www.unoosa.org/oosa/en/ourwork/spacelaw/principles/dbs-principles.html.  

4. Bureau of Justice Assistance, “The Communications Act of 1934,” Bureau of Justice Assistance, https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1288. 

5. Legal Information Institute, “U.S. Code: Title 47. Telecommunications,” Legal Information Institute, https://www.law.cornell.edu/uscode/text/47.

6. “76 Stat,” USCODE.HOUSE.GOV, http://uscode.house.gov/statutes/pl/87/624.pdf. 

7. “U.S. Commercial Space Launch Competitiveness Act - Congress,” Congress, https://congress.gov/114/plaws/publ90/PLAW-114publ90.pdf. 

8. P.J. Blount and Christian Robinson, “One Small Step: the Impact of the U.S. Commercial Space Launch Competitiveness Act of 2015 on the Exploration of Resources in Outer Space,” UNC School of Law, https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=1324&context=ncjolt. 

9. Adam Clark Estes, “The Complicated Promise of Amazon’s Space Internet,” Vox, https://www.vox.com/recode/2021/11/3/22761345/project-kuiper-satellite-amazon-space-internet. 

10. Ry Crist, “Starlink Explained: Everything You Should Know about Elon Musk’s Satellite Internet Venture,” https://www.cnet.com/home/internet/starlink-satellite-internet-explained/. 

Bibliography:

Amazon Staff. “Project Kuiper Announces Plans and Launch Provider for Prototype Satellites.” About Amazon. Amazon, November 1, 2021. https://www.aboutamazon.com/news/innovation-at-amazon/project-kuiper-announces-plans-and-launch-provider-for-prototype-satellites?asc_campaign=commerce-pra&asc_refurl=https%3A%2F%2Fwww.businessinsider.com%2Famazon-project-kuiper-launch-spacex-starlink-competitor-satellite-internet-broadband-2021-11%3Futm_source%3Dfeedburner%26utm_medium%3Dfeed%26utm_campaign%3DFeed%253A%2Btypepad%252Falleyinsider%252Fsilicon_alley_insider%2B%2528Silicon%2BAlley%2BInsider%2529&asc_source=browser&tag=thebusiinsi-20&utm_source=Sailthru&utm_medium=email&utm_campaign=Recode+11.02.2021&utm_term=Recode. 

Blount, P.J., and Christian Robinson. “UNC Scholarship - University of North Carolina School of ...” One Small Step: the Impact of the U.S. Commercial Space Launch Competitiveness Act of 2015 on the Exploration of Resources in Outer Space. UNC School of Law, December 1, 2016. https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=1324&context=ncjolt. 

Bureau of Justice Assistance. The Communications Act of 1934. Bureau of Justice Assistance. https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1288. 

Crist, Ry. “Starlink Explained: Everything You Should Know about Elon Musk's Satellite Internet Venture.” CNET, 2021. https://www.cnet.com/home/internet/starlink-satellite-internet-explained/. 

Estes, Adam Clark. “The Complicated Promise of Amazon's Space Internet.” Vox. Vox, November 3, 2021. https://www.vox.com/recode/2021/11/3/22761345/project-kuiper-satellite-amazon-space-internet.

Garber, Stephen. “Outer Space Treaty of 1967.” NASA. NASA, October 26, 2006. https://history.nasa.gov/1967treaty.html. 

United Nations Office for Outer Space Affairs. “United Nations Office for Outer Space Affairs.” DBS Principles. United Nations Office for Outer Space Affairs. Accessed https://www.unoosa.org/oosa/en/ourwork/spacelaw/principles/dbs-principles.html.  

“U.S. Code: Title 47. Telecommunications.” Legal Information Institute. Legal Information Institute. https://www.law.cornell.edu/uscode/text/47. 

“U.S. Commercial Space Launch Competitiveness Act - Congress.” U.S. COMMERCIAL SPACE LAUNCH COMPETITIVENESS ACT. https://congress.gov/114/plaws/publ90/PLAW-114publ90.pdf. 

“76 Stat.” Public Law 87-624-AUG. 31, 1961. USCODE.HOUSE.GOV. http://uscode.house.gov/statutes/pl/87/624.pdf.