WRC-23 confirms that the WRC-19 decision for the provision of information as required when dealing with a request for extension of regulatory time-limits due to co-passenger delay should be revised as shown below:
- a summary description of the satellite to be launched, including the frequency bands;
- the name of the manufacturer selected to build the satellite and the contract signature date;
- the status of the satellite construction, including the date it began and whether it was expected to be completed prior to the initial launch window;
- the name of the launch service provider and the contract signature date;
- the initial and revised project milestones for the launch window, launch and orbit raising of the satellite, as well as relocation and in-orbit testing timelines when the satellite is not directly launched in its nominal orbital position or its non-geostationary satellite orbit;
- sufficient detail to justify that the request for extension is due to co-passenger delay (e.g. a letter from the launch service provider indicating that the launch is delayed because of a delay affecting the co-passenger satellite);
- a detailed rationale for the length of the extension requested, including a breakdown of the nature and extent of the delay experienced so far, the additional delay projected by the launch service provider, and any planned contingency, and
- any other relevant information and documentation.
WRC-23 instructs the Board to reflect the above-confirmation in the RoP concerning the extension of the regulatory time-limit for bringing into use satellite assignments.
The Board considered a few cases that qualified as co-passenger delays but noted that administrations had chosen to invoke force majeure instead or omitted to address all the information requirements in their submission which delayed the treatment of the case. The Board is of the view that there is no benefit in invoking force majeure for a case of co-passenger delay as the former requires the submission of more information, including a detailed assessment against the four conditions that must be met for a case to qualify as force majeure.
In addition, when considering requests that qualify as force majeure or co-passenger delay, WRC-19 instructed the Board to continue to take into account the use of electric propulsion on a case-by-case basis when deciding on the length of the extension, based on the merits of each individual case. Since WRC-19, the Board received several submissions requesting an extension of the regulatory time-limit for bringing into use or bringing back into use frequency assignments to a satellite network using a satellite with electric propulsion for orbit raising. The Board examined these requests keeping in mind that the Board does not have the authority to relax a requirement in the Radio Regulations for any reason, including to allow for the use of more energy-efficient technology. The Board continues to encourage administrations when using energy-efficient satellite propulsion systems to take into account the extra time needed for orbit raising to ensure compliance with the regulatory time-limits for bringing into use, or back into use, frequency assignments.
