IFC28/2010 - Submission by Asiaspace Ltd

6 December 2010

Manager

Space Engineering Section

Spectrum Infrastructure Branch

Australian Communications and Media Authority

PO Box 78

Belconnen ACT 2616

Submission to ACMA “Review of satellite filing and coordination policies and procedures” Consultation Paper

The attachment contains the AsiaSpace Ltd submission to the ACMA “Review of satellite filing and coordination policies and procedures” Consultation Paper dated 8 October 2010.

Please contact me (03 9693 8403) if you need any additional information.

Sincerely

L.Davey

VP – Regulatory & Operations

encl:AsiaSpace Ltd response to “ACMA “Review of satellite filing and coordination policies and procedures” Consultation Paper

Attachment:AsiaSpace Ltd response to ACMA “Review of satellite filing and coordination policies and procedures” Consultation Paper

1.Introduction

As an existing Australian satellite operator, AsiaSpace Ltdwelcomes the opportunity to provide this response to the ACMA “Review of satellite filing and coordination policies and procedures” Consultation Paper dated 8 October 2010. AsiaSpace also appreciated the clarification and discussion facilitated by ACMA at the meeting for existing satellite operators on 17 November 2010.

AsiaSpace operates the existing ASIABSS (105E) BSS satellite network, providing L- band satellite digital radio broadcasting services to Asia. AsiaSpace has additional L-band BSS satellite filings for the ASIABSS-B (105E), and AUSDSB (150.5E) networks.

AsiaSpace has entered into a Deed of Agreement with former ACA (August, 1999) for the operation of its ASIABSS satellite network, and has an ACMA International Broadcasting Licence to support its broadcasting activities in Asia.

2.Response to the ACMA questions

The AsiaSpace response to each of the ACMA questions is set out below.

Question 1: Please outline any advantages or disadvantages of the existing model.

AsiaSpace was generally satisfied with the existing model.

Question 2: Comment is invited on the change in classification from ‘additional’ to ‘spectrum management’ function.

AsiaSpace considers that the change is appropriate as frequency coordination (part of spectrum management) is an essential element of the satellite coordination process.

Question 3: Do you have a comment about the manual of procedures—its form or content?

AsiaSpace welcomes the development of the “Manual of procedures” to provide clear procedures and an explanation of the roles and obligations of both parties.

AsiaSpace notes that existing stakeholders have the option to switch from a Deed of Agreement to the new model.

Question 4: One of the assessment criteria states: ‘The applicant must demonstrate that it has the technical and financial credentials required for the coordination of the satellite network and design of the physical satellite.’ Is there anything you, as a satellite operator, currently use (financial statements, etc) that could be used to satisfy a financial due diligence requirement?

AsiaSpace considers that this is more of an issue for a new applicant to demonstrate that it has the technical and financial capability to meet its obligations.

AsiaSpace has demonstrated already its capability to complete satellite coordination and to bring a satellite network into service.

With respect to new applicants, AsiaSpace notes that ACMA have indicated in the Manual of Procedures that they will require a Business Plan to be provided with the satellite filing application. AsiaSpace considers that different financial due diligence requirements could be applied to the advance publication stage (API) and coordination stage (CR), respectively.

Question 5: In relation to milestones, the ACMA invites comment on any tool currently used that would enable the ACMA to assess the present state of coordination for the satellite network.

AsiaSpace considers that a register of coordination correspondence and agreements together with eg half-yearly progress reports to ACMA would satisfy this requirement.

Question 6: The ACMA requests input on the proposed methodology for coordination between Australian satellite networks. In addition, we seek comments on the balance between protecting existing and facilitating new satellite networks.

AsiaSpace supports the procedures in the Manual for coordination between Australian satellite networks, noting that Satellite Operators may also negotiate Operator-Operator satellite coordination agreements, and that ACMA will arbitrate when necessary.

The application of ITU-R satellite coordination procedures for domestic coordination is considered appropriate to facilitate the necessary balance between existing and new satellite filings, again with recourse to ACMA arbitration when necessary

Question 7: The ACMA invites comment on the change to charging.

For the proposed doubling of ACMA processing time to assess new applications, AsiaSpace considers that a detailed justification is required, and that if the actual processing time is less than 178 hours then a refund should be provided to the applicant.

Question 8: The ACMA invites comment on the deed poll.

AsiaSpace understands the need for ACMA to introduce a new form of Deed of Agreement.However, the proposed change to a Deed Poll which binds only one party (the Satellite Operator) from the old model Deed of Agreement which contractually binds both parties, seems inconsistent with the roles and obligations of both parties described in the new Manual of Procedures.

Also, for the new model the proposed conciliation process should be clearly indicated.

Question 9: The ACMA invites comment on any other aspect of the new model.

AsiaSpace:

1. understands that it will be able to continue with its existing Deed of Agreement covering ASIABSS (in-service), and requests that its ASIABSS-B and AUSDSB satellite filings (and any renewals thereof) be also covered by the existing Deed of Agreement. AsiaSpace notes that the ASIABSS-B filing is important for the company’s long-term business plan and for the eventual replacement of its in-service satellite.
2. seeks clarification of the ACMA position on the classification of satellite system assets and their trading, and considers that this is an issue that should be determined by the market-place
3. has concern about the increasing complexity, processing delay, and cost of the new model
4. considers that an objective of the new model should be to encourage and foster more opportunities and investment in the Australian space industry
5. notes that Australian benefit can be derived even in instances where there is no provision of service in Australia, including, for example, supporting the international communications policy objectives of government, providing opportunities for the Australian communications industry in international markets, and providing a means for delivering vitally needed information, news, distance education, weather and entertainment programming to underserved audiences in the region.

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