Harmonising the Regulatory Framework & Satellite Licencing

Transcription

1 Harmonising the Regulatory Framework & Satellite Licencing Commonwealth Spectrum Summit: 3 November 2016, Bashir Patel, Inmarsat (bashir.patel@inmarsat.com)

2 Satcom Regulatory Environment 34 years of Operations Global user base of 1m+ Started as Maritime (MMSS) and then Aeronautical (AMSS) and then from late 1980 s to provide Land mobile satellite services (LMSS) For the Maritime and Aero Many countries did NOT have any major regulatory issues and this is still the case Today. However, for LMSS subject to use within national boundaries, a range of regulatory options are exercised subject to `national laws requirement; 1. Open environment unregulated market 2. In between a number of options 3. Strictly controlled highly regulated, case by case basis 2

3 Mid to Late 1990 s Approach 3

4 Process of GMPCS - ITU» GMPCS is a global mobile personal communication system providing - transnational, regional or global coverage through - a constellation of satellites accessible with - small and easily transportable terminals.» Whether the GMPCS satellite systems are geostationary or non-geostationary, fixed or mobile, broadband or narrowband, global or regional, they are capable of providing telecommunication services directly to end users.» GMPCS services include two-way voice, fax, messaging, data and even broadband multimedia. 4

5 ITU / GMPCS Process» WTPF Oct ITU member States & 70 sector members addressed regulatory issues concerning future deployment of GMPCS systems.» WTPF produced 5 opinions on the principles related to introduction of GMPCS systems including a GMPCS-MoU to facilitate arrangements for type approval, licensing, marking, provision of traffic data, and customs recommendations related to the free circulation of GMPCS terminals» In addition, ITU together with all the relevant stakeholders adopted the GMPCS-MoU Arrangements, this included notification and implementation procedures and GMOCS- MoU Mark.» ITU Council, May 1998 adopted Resolution 1116 authorizing ITU SG to be depositary of the GMPCS-MoU signed by member states and to facilitate GMPCS- MoU mark for free circulation of terminals.» ITU will maintain and update implementation of GMPCS-MoU and provide List of all Administrations / entities signed up to the free circulation of terminals 132 / 64 Administrations A list of GMPCS operators 7 Operators A list of terminals registered 5

6 GMPCS - MOU» Facilitate circulation of user terminals as follows:» - permission to carry a terminal into a visited country but not to use it; and» - permission to carry a terminal into a visited country and to use it within the framework of a licensing scheme (i.e. without the need for obtaining individual authorization for the terminal in the visited country);» as well as technical conditions for placing terminals on the market;» Article 1 - Type Approval of Terminals» Article 2 - Licensing of Terminals» Article 3 - Marking of Terminals» Article 4 - Customs Arrangements» Article 5 - Access to Traffic Data» Article 6 - Review 6

7 Mid to Late 2000 s Approach 7

8 European Approach» A large variety of national MSS authorisation models in place across the EU» Significant dissimilarities from country to country, particularly, in relation to the license application processes and fees attached to them» The diversity of the structures and approaches taken by each of the Member States in terms of the type of license and amount of fees and the methods of calculation appears is the main challenge to achieve a Pan-EU market for MSS.» 15 countries applied a general authorisation for the MSS» 13 countries required individual rights of use for the MSS» Satcom operators to submit a notification or apply for the authorisation of their network» Individual rights of use required in all 28 Member States» Given the findings by the EU commission and council the wide disparity on provisioning of the MSS, this was seen as stifling the development of the EU wide market and preventing competition by unavailability of pan-european services with end-to-end connectivity and discouraging investment. 8

9 Pan-European Model» A single licence to be issued by one of the national regulatory authority, and on the basis of which, mutual recognition of this licence be granted throughout the 28 member states.» To accommodate any satellite network configuration as well as all foreseen satellite services and is technology independent;» Flexibility to transition from the current practice of individual licences towards the full mutual recognition regime for all classes of satellite services;» A transition regime of one-stop shopping arrangements is recognised on the basis of a single location for the application for licences. It can then progress towards joint application forms and further harmonised procedural provisions, and from there onwards proceed to the mutual recognition regime.» The new licensing and regulation helped to boost Pan European MSS connectivity.» This constituted an innovative alternative platform for various types of pan-european telecommunications and broadcasting/multicasting services, regardless of the location of end users, such as high-speed Internet/intranet access, mobile multimedia and public protection and disaster relief.» The European institutions adopted several decisions to harmonise regulatory conditions across the 28 member states & beyond. 9

10 Pan European Licensing of MSS Based on compliance of the user terminals with a number of technical standards ensuring no interference would be caused by the terminals, EU took the approach to facilitate free circulation and use of MSS terminals such that EU countries (& other non EU members) have adopted 3 approaches: 1. No licensing required (UK, Ireland, Scandinavia countries etc) 2. Licensing of the network operator only i.e. Inmarsat (France, Germany, Belgium, Spain etc); an annual nominal fee applies 3. Licensing of the network operator (nominal annual fee) + notification declaration by each local SPs, requiring no fee payment (Italy). 10

11 Kenya - Regulation Approach Kenya licensing regulation adopted as follows:» A spectrum licence authorizing the use of the foreign satellite in Kenya, held by the satellite operator i.e. Inmarsat (with no annual fee)» An in-country service licence required for local providers (again, easy to obtain, fees are reasonable)» Requirement for in-country service license are as follows: 1. Be registered in Kenya with the Registrar of Companies as a company, sole proprietor or a partnership, 2. Have a duly registered office and permanent premises in Kenya, 3. Provide details of shareholders and directors, 4. Registered companies are required to have at least 20% local shareholding on or before the end of three years after receiving a license 5. Provide evidence of compliance with tax requirements 11

12 Kenya - Unified Licensing Framework Market segment s Licence Licence Initial period (Yrs) application fee licence fee Annual operating fee 1. NATIONAL NETWORK FACILITIES PROVIDERS 1a TIER 1 15 years KSh. 10,000 KSh. 15 Million 0.5% of Annual Gross Turnover or KSh 5 million whichever is higher 1b TIER 2 15 years KSh. 10,000 KSh. 15 Million 0.5% of Annual Gross Turnover or KSh 1 million whichever is higher 1c TIER 3 15 years KSh. 10,000 KSh. 200, % of Annual Gross Turnover or KSh 200,000 whichever is higher 2. INTERNATIONAL NETWORK FACILITIES PROVIDERS 2a Submarine Cable 0.5% of Annual Gross Turnover or 15 years KSh. 10,000 KSh. 15 Million Landing Licence KSh 5 Million whichever is higher 2b International 0.5% of Annual Gross Turnover or 15 years KSh. 10,000 KSh. 15 Million Gateway Licence KSh 5 Million whichever is higher 3. NON INFRASTRUCTURE BASED SERVICE PROVIDERS 3a Applications 0.5% of Annual Gross Turnover or 15 years KSh. 10,000 KSh. 100,000 Service Providers KSh 100,000 whichever is higher 3b Content Service 0.5% of Annual Gross Turnover or 15 years KSh. 10,000 KSh. 100,000 Providers KSh 100,000 whichever is higher 4. TERMINAL EQUIPMENT PROVIDERS 4a Telecommunications Terminal Equipment Contractors 15 years KSh. 1,000 KSh. 15,000 KSh 6,000 4b Telecommunications Technical Personnel 15 years KSh. 500 KSh. 2,000 KSh PRIVATE VERY SMALL APERTURE TERMINALS (VSAT) 5a Operated Through Vsat Hub Operators Licensed In Kenya 15 years KSh. 1,000 N.A. KSh 6,000 per VS AT Terminal 5b Operated Through Foreign Vsat Hub Operators 15 years KSh. 1,000 N.A. KSh 200,000 per VS AT Terminal 6. ONE TIME AUTHORISATION 6a GMPCS Landing Rights Authorization 15 years KSh. 10,000 US $ 12,500 Not applicable 6b Business Process Outsourcing Open KShs 10,000 (Registration fees) Not applicable 12

13 13 From 2010 s onward

14 Advances in Satellite Communications Age of Satellite Broadband Connectivity ESIM = Earth Station In Motion Terminals on moving platforms such as vehicles, airplanes and ships Operates in fixed-satellite service (FSS) allocations Technical characteristics equivalent to VSAT; therefore compatible with other FSS applications 14

15 Pan-African Approach Countries within sub regions ( such as EAC, EECAS, SADC, ECOWAS, MAGHREB..) to consider harmonising their regulatory framework» Consider approach taken by CAK / EU member States» Re-align national laws (if required) in order to accommodate new generation of innovative ESIMs;» Work towards developing a Pan-African / Pan Regional solution for ESIM connectivity* ECCAS: Cameroon, DRC, ECOWAS: Benin, Cabo Verde, Cameroon, Cote d lvoire, Ghana, Guinea- Bissau, Niger, Senegal, Sierra Leone; EACO: Kenya, Burundi, Uganda, SADC: Angola, Botswana, DRC, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, * All of these countries are signatory to the GMPCS-MoU 15

16 Adopting Harmonised Regulatory Framework As a matter of urgency, to develop and establish a harmonised regulatory framework within the ATU sub-regions of EAC, ECCAS, ECOWAS, SADC and MAGHREB, for: an harmonized approach to domestic licensing of ESIMs and mutual license recognition (including type approval) of ESIMs The objective of the harmonized licensing framework is to: Simplify the national licensing process and facilitate seamless movement of duly authorized/licenced ESIMs within the sub-regions to allow for maximized benefit from the possibilities offered by the ESIMs technology. Create an environment of mutual benefit to countries of the sub-regions. Allow for an optimized operation of ESIMs in Africa to contribute to the development of broadband services. 16

17 Key Points to be considered in the preparation of the Sub Regional Frameworks/Agreements Point 1 Licensing of ESIMs and Mutual Recognition thereof º Licensing process of ESIMs to be harmonised, as much as possible, among the member countries. º ESIMs to be licenced without the need for individual terminal-by-terminal authorization (e.g. on a class licensing basis). º Licence duly issued by a member country to be recognised within the territories of other member countries, to grant the possibility for ESIMs to circulate across borders. Point 2. Type Approvals of Terminals and Mutual Recognition thereof º ESIMs equipment to meet all specifications in Resolution 156 (WRC-15), Reports ITU-R S.2223, ITU-R S.2357 and, possibly, ETSI EN , ECC/DEC (13)01 or other mutually agreed specifications. º Such technical specifications to be the basis for the essential requirements necessary for the type approval of terminals, and the compliance with such technical requirements to be the basis for mutual recognition of type approval. º Type approval duly given by a member country to be recognised within the territories of other member countries 17

18 Key Points to be considered in the preparation of the Sub Regional Frameworks/Agreements Point 3. Inspection of ESIMs and ESIMs License and/or Type Approval Certificates The aspect of inspection of ESIMs to be included, for verification of compliance with applicable regulations The aspect of inspection of license/ type approval certificates to be included, to curb abuse and illegal activities under the frameworks/agreements Point 4. Customs Clearance for visiting terminals on a temporary basis Duly licenced ESIM terminals to be exempted from customs and taxes in the visited country, when they are to operate on a temporary basis. The timescale for such temporary use to be indicated, to curb abuse and illegal activities 18

19 Conclusion Note that satellite services are evolving rapidly and that relevant regulations must be adopted in order to allow access to broadband services nationally, regionally and globally; Note that these new innovative satellite communications technologies will contribute in allowing Commonwealth and Africa to reduce the digital divide gap throughout the regions together with free movement of good and services; For Commonwealth regions to work towards developing a Pan- African / Pan Regional solution for deployment of ESIMs on land, sea and air. 19