Regulating the Radio Frequency Spectrum for Satellite Use

Over 11,800 active satellites currently orbit Earth. That number is expected to grow to around 60,000 by 2030 as more satellite mega-constellations, such as SpaceX’s Starlink, enter operation. These satellites—increasingly used for communication, financial transactions, navigation, and data monitoring—are crucial to day-to-day life across the globe. 

For this information to be used, it must first be transferred down from satellites in orbit. Nearly every satellite uses the electromagnetic spectrum—specifically the radio frequency spectrum—to transfer information. 

The electromagnetic spectrum consists of all electromagnetic radiation traveling in observable wavelengths. Differences in frequency and wavelength determine where in the spectrum the wave falls. The high frequency and short wavelength sections contain x-rays, ultraviolet light, and visible light. Sections with lower frequencies and longer wavelengths include the radio frequency spectrum.

Broader sections consist of smaller parts called bands. Information can be encoded into bands within the radio frequency spectrum and sent over long distances. This is how satellites transfer data down to Earth. Radio frequency bands, however, are a limited resource. If multiple satellites use the same band at the same time, neither satellite can convey information.

Scholars and policymakers argue that because radio frequency bands are vital to modern technology, they should be shared across different industries and countries to maximize the benefit to society. Internationally, the International Telecommunication Union (ITU) attempts to regulate the use of the radio frequency spectrum with this goal in mind.

The ITU recognizes the importance and scarcity of radio frequency bands. The Convention of the ITU attempts to provide for the efficient, economic, and equitable use of the radio frequency spectrum. In line with this goal, the Convention lays out a cumbersome, first-come, first-serve process for allotting radio frequency bands to different countries and private actors. This process heavily favors nations with developed space programs.

Furthermore, the ITU is not a lawmaking body and has no enforcement powers to prevent a country from breaking the Convention. Even if the Convention guaranteed equity in radio frequency spectrum use, countries could choose to use bands not allotted to them without fear of repercussions. 

An imperfect allocation process and lacking enforcement mechanisms leads many scholars to question whether the ITU Convention could be improved upon to better regulate the radio frequency spectrum, or if a more effective alternative must be found.

 In this week’s Saturday Seminar, scholars examine how regulation could ensure equal access to radio frequency bands.

• In a recent article in Telecommunications Policy, Berna Akcali Gur, of the United Kingdom’s Queen Mary University of London, and Joanna Kulesza, of Poland’s University of Lodz, argue that international organizations, such as the ITU and the United Nations, should recognize a right of access to the radio frequency spectrum for developing countries. Gur and Kulesza contend that this would allow developing countries to demand universal availability, reliability, and security of connection at an affordable price based on the United Nation’s equitable benefit-sharing requirements. They further argue that developing nations should align domestic regulation of the radio frequency spectrum and that the ITU should adopt the agreed-upon regulation as a shared  international standard.
• Generative AI, through the use of Large Language Models, can streamline the complex and challenging procedure for regulating the radio frequency spectrum, argue Amir Ghasemi and Paul Guinand of the Communications Research Centre Canada in an article in arXiv. Rapid technological progress and competing stakeholder interests makes regulating the radio frequency spectrum difficult, Ghasemi and Guinand explain. They contend that the ability of Large Language Models to understand, codify, and extract rules from legal documents means that these models can speed up the regulatory process. Ghasemi and Guinand argue that using Large Language Models for routine tasks, such as the issuance and renewal of radio band licenses, can free humans to work on strategy and creative solutions to regulatory bottlenecks. 
• In a Journal of National Security Law & Policy article, Matin Pedram, of Bond University, and Eugenia Georgiades, of the University of Southern Queensland, explain that the satellite industry is increasingly prone to monopolistic behaviors due to high costs and barriers to entry. Pedram and Georgiades argue that monopolistic behaviors raise market competitiveness concerns because dominant players may stifle innovation or limit access. National security interests complicate this landscape, requiring regulatory frameworks to balance the protection of local industries and broader geopolitical concerns, they add. Pedram and Georgiades conclude that a balanced regulatory approach is crucial to ensure fair competition while safeguarding national interests, as well as to foster innovation and security in the rapidly growing Low Earth orbit satellite market.
• New innovations in radio frequency spectrum management could optimize access, argues Amdocs’ Aqsa Sayed in an article in the International Journal on Science and Technology. Sayed contends that three advancements could help alleviate spectrum scarcity. The first is millimeter-wave spectrum technology, which enables the use of smaller bands to increase the total amount available, explains Sayed. The second is dynamic spectrum sharing and trading, which allow different types of data, such as 4G LTE and 5G, to use the same bands without interference, notes Sayed. The final new innovation is software-defined radio, which can change the operating frequency of radio waves to enable real-time adaptation to interference or congestion, explains Sayed.
• In an article in the Ain Shams Engineering Journal, S. Harihara Gopalan, of Sri Ramakrishna Engineering College, and several coauthors contend that cognitive radio networks can be used through a multi-rescheduling resource selection method to address radio frequency spectrum scarcity. The Gopalan team explains that a formula can be used to allocate radio bands optimally through finding the Nash equilibrium. Under game theory, the authors note that Nash equilibrium “represents the global convergence of the best reaction mechanics (reload).” The authors conclude that to create effective spectrum sharing, the proposed spectrum assignment algorithm for the Nash Equilibrium-based Multi-Channel Resource Scheduling is optimal compared to other alternatives. 
• Current regulatory frameworks governing radio frequency spectrum use must evolve to increase access and decrease inefficiencies, argues CEO of Commcisive, William Webb, Arturas Medeisis of Lithuania’s Vilnius Gediminas Technical University, and Leo Fulvio Minervini of Italy’s University of Macerata in an article in arXiv. Complex legacy  regulatory processes limit innovation, Webb, Medeisis, and Fulvio Minervini contend. A better approach, they argue, is one where government oversight is limited to public spectrum uses and the creation of a responsive, flexible framework. Webb, Medeisis, and Fulvio Minervini further propose that commercial spectrum use should be decentralized and largely self-regulated to create the most efficient allocation of bands.