Activating the principle of ‘taking into account the special needs of the developing countries’ in the distribution of low Earth orbit frequency/orbit resources

Abstract

The increasing proliferation of mega-constellations in low Earth orbit raises concerns regarding non-spacefaring countries' use of satellite frequency/orbit resources. The principle of ‘taking into account the special needs of the developing countries’, which is enshrined in the Constitution of the International Telecommunication Union but has hitherto been dormant, should be activated in the future distribution mechanism. This principle is theoretically grounded in the theory of distributive justice. According to the principle, the distribution of frequency/orbit should be predicated on a distinction between spacefaring and non-spacefaring countries, with particular consideration given to the latter, while eschewing unjustified preferential treatment. The current distribution mechanism employs both the coordination approach and the planning approach, neither of which adequately address the needs of non-spacefaring countries. Mega-constellations’ use of LEO frequency/orbit further underscores the mechanism's deficiencies. Therefore, the principle of ‘taking into account the special needs of the developing countries’ should be activated to balance the interests between non-spacefaring countries' needs and mega-constellation operators' efforts contributed to the industry. To this end, the requirement of ‘minimum necessity’, the proposal of ‘occupation fees’, and an international fund for the future coordination approach, with the LEO frequency/orbit plan and related leasing arrangements for the future planning approach, are discussed respectively. As mega-constellation operators may reject the proposed arrangements whatsoever, their interests should be duly considered.