Earth Observation, the Environment, Space, and Remote Sensing Law in the Pacific Rim: Donna Lawler

June 21, 2010 at 1:50 pm | Posted in Blogcast, Space Law | Leave a comment

by P.J. Blount with the blog faculty

The first presentation on the second day of the meeting was “Practical Implications of International Space Law for the Operation of a Satellite Fleet, with Particular Reference to the Disasters Charter” by Donna Lawler, Corporate Counsel, SingTel Optus Pty Limited. Her presentation focused on issues that a lawyer working for a satellite company deals with such as securing orbital slots, procuring satellites, launching satellites, and negotiating contracts dealing with satellite operations. She also covered some issues that arise out of the Disasters Charter in relation to Australia.

She started with a brief discussion of reserving orbital slots in geosynchronous orbit, which she said was a limited resource, especially in valuable locations. She stated that the ITU manages these slots through its radiocommunications board. Private companies must go through a State regulator in order reserve these slots with the ITU. She stated that a failure to secure access to frequencies prior to launch of a satellite can have devastating consequences pointing to the example of Protostar 1.

The next item that she discussed was procurement of spacecraft. She said that the crucial decision to be made was whether the satellite would be an on orbit delivery or whether titled would be passed on the ground. She stated that this decision should be based on launch and insurance costs. She said that another major consideration during the procurement phase was dealing with the United States International Traffic in Arms Regulations (ITAR). She stated that a great deal of control over a program is lost due to these restrictions.

Her next point considered issues related to the launch of satellites. One of the major activities in this area for a satellite company is ensuring its position on the launch manifest. She said that this can often be difficult, especially when there are more satellites in the queue than there are launch slots. She also noted that inter-party waivers are extremely important during this phase so that parties involved in the launch are barred from claims against other parties involved. Finally, she stated that insurance for all phases of these activities is important, including insurance for transit, launch, in orbit activities, and 3d party liability.

Next she moved to the negotiating of satellite contracts. She stated that the most important item during these negotiations is negotiating out what happens if the satellite is lost, and protecting the satellite company from claims in the case of loss.

Finally, she moved to a discussion of the International Disasters Charter. She stated that this was a nonbinding, voluntary, benevolent agreement that involves government agencies, international organizations, and private companies. She noted that Australia is not a party to the charter, stating that it is difficult for private organizations to deliver these services for free, and that in practice companies are only providing certain amounts of data for free. She pointed out that Australia has received access to these sorts of information (despite the fact that it lacks its own remote sensing satellite) through JAXA and Asia Pacific Space Activities Forum, but that Australia plans to launch its remote sensing satellite.