International Framework

International Telecommunication Union ("ITU")

• The use of spectrum is borderless and requires harmonization to reduce harmful interference along with other administrations.

• Every 4 years, ITU-R holds the World Radiocommunication Conference (“WRC”) where global/regional spectrum allocations are negotiated and agreed – plays a key role to harmonise spectrum use across the international regions.

• ITU-R adopts 2 main approaches for the sharing of the spectrum & orbital resources:

• ​Gives the right to operate a frequency based on the priority of the recording of frequency assignments in the ITU Master International Frequency Register (“MIFR”), that acquired through negotiations with the administrations concerned.

• It serves to fill the gaps in the orbit(s) as needs arise in achieving efficient spectrum /orbit management.

• Spectrum is guaranteed by a priori planning procedures that set out provisions and associated plans for future use by all ITU Member States, particularly those which are not in a position, at present, to make use of these resources in certain frequency bands under:
  • Appendix 30 of Radio Regulations for Broadcasting Satellite Service (“BSS”)
  • Appendix 30A of Radio Regulations for BSS Feeder link
  • Appendix 30B of Radio Regulations for Fixed-Satellite Service (“FSS”)

• An administration may seek to modify the characteristics of the national allotments by the introduction of additional use.

Satellite Network Filling

• ITU Radio Regulations set out specific procedures leading to a recording of frequency assignments of satellite network filings in the MIFR to ensure international recognition of the use of spectrum/orbit resources.

• MCMC acts as the notifying administration for the Malaysian satellite network filings under the RR, to facilitate access to spectrum and orbital resources in a manner that is in accordance with international and domestic obligations.

• Failure to meet the ITU requirements within the regulatory period will result in the cancellation of the satellite network filings.

  

• Nevertheless, registration of frequency assignments with the ITU for space radiocommunication services and their use do not provide any permanent priority for any country.

ITU Fees and Charges

• Satellite operators shall bear full cost for the invoices received from the ITU and recurring cost of coordination works and resources as part of satellite operational cost. Notwithstanding the cancellation of the satellite network filings, any outstanding fees to the ITU are still required to be paid to the ITU by the satellite operators.

• The ITU charges fees for processing satellite network filings on a cost recovery basis of the satellite network filings, in accordance with the provisions of ITU Council Decision 482 as amended. The fee structure of this charges is mainly categorized into four (4) types - Advance Publication, Coordination, Notification and Plans.

• However, every administration is entitled for one free satellite network filing per year with certain conditions to be complied. MCMC has published Guidelines on Nomination for Free Entitlement of Cost Recovery Charges for Satellite Network Filing by the ITU (“the Guidelines”) on 31 July 2013 to outline the application and evaluation process on this matter.