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Who Owns the Space Above Us? The Fight for Geostationary Orbits

Category: Space & Astronomy

There is one special orbit around Earth that looks like it stays in the same place when seen from the ground. In 1990, the small island nation of Tonga applied for 16 spots in this orbit.

This story is about who gets to use this valuable space and how the rules have changed over time.

1. Satellites in geostationary orbit appear to stay in the same spot in the sky

Above the equator, at a height of about 36,000 kilometers (about 22,400 miles), there is an orbit where satellites take the same time to orbit Earth as Earth takes to rotate once. When a satellite travels in this path, it looks like it is staying still in one place in the sky when viewed from the ground [1]. Because of this, antennas for television and communication do not need to move once they are pointed in the right direction.

2. There is a limit to how many satellites can fit in geostationary orbit

This special orbit forms a ring around the equator. If satellites are too close to each other, their radio signals mix and interfere. Therefore, they must be spaced out by a certain amount of longitude [2]. In the past, a rule of thumb was to place one satellite every 2 to 3 degrees of longitude. A simple calculation shows that this leaves room for only about 180 spots in the entire ring [2]. It is like a crowded, limited parking lot. However, technology has advanced, and sometimes multiple satellites can operate in the same location now.

3. Countries on the equator once claimed the geostationary orbit as their territory

In 1976, eight countries located on the equator—Brazil, Colombia, Congo, Ecuador, Indonesia, Kenya, Uganda, and Zaire (at the time)—gathered in Bogotá, the capital of Colombia. They issued a declaration stating that the special orbit directly above their countries was part of their national territory [3]. However, this claim was considered a violation of the 1967 Outer Space Treaty, which states that space cannot belong to any specific country. Other nations in the world did not accept this claim, and it eventually faded away [3].

4. An international agency assigns orbits using a first-come, first-served rule

Ultimately, the International Telecommunication Union (ITU), a United Nations agency, manages the coordination of radio wave usage for this special orbit. The rule is based on a queue: countries that apply earlier get priority in this coordination process [4]. This system often favors countries with more money and technology. To help, the ITU rules also include ideas to save space for developing countries that do not yet have satellites [4].

5. The small island nation of Tonga applied for 16 orbit slots

In 1990, Tonga, a small island nation in the Pacific, used this rule to apply for 16 orbit slots at the ITU. Tonga did not have a single satellite of its own [5]. The person who planned this strategy was Matt Nilsson, an American consultant hired by Tonga [5]. Many countries reacted with anger, saying it was wrong to apply for so many spots without using them. After discussions, Tonga was first granted 6 slots in 1991 and eventually secured 9 slots [5]. Tonga then lent these slots to companies that wanted to launch actual satellites, charging them fees [5].

6. New rules were created to check for real plans

After Tonga’s actions, applications that reserved space without actually using it increased. These are called "paper satellites" [6]. So, the ITU created rules requiring proof that a company has a contract to build a satellite and that a launch rocket is already decided. If this information is not shown, the application is cancelled [6].

7. Look at where parabolic antennas are pointing

If you look at the round dish antennas on houses or nearby buildings, you might notice they are aligned in similar directions. This is because they are all aiming at the same special place in the sky where these satellites stay [1].

Sources

  1. Wikipedia "Geostationary orbit" https://ja.wikipedia.org/wiki/%E9%9D%99%E6%AD%A2%E8%A1%9B%E6%98%9F (Geostationary satellites orbit at approx 35,786 km above the equator with the same period as Earth's rotation, appearing stationary from the ground.)
  2. "Paper Satellites and the Free Use of Outer Space" (NYU Law GlobaLex) https://www.nyulawglobal.org/globalex/paper_satellites_free_use_outer_space1.html (Spacing was once 2-3 degrees longitude, allowing ~120-180 satellites; UNCOPUOS views GEO as a limited resource; satellite count rose from 193 in 1984 to 1098 in 2017.)
  3. "Bogota Declaration" (Wikipedia), JAXA Space Law Database https://en.wikipedia.org/wiki/Bogota_Declaration https://www.jaxa.jp/library/space_law/chapter_2/2-2-1-2_j.html (8 equatorial nations declared GEO above their territory as a natural resource in 1976; claim contradicted 1967 Outer Space Treaty and was abandoned.)
  4. "Paper Satellites and the Free Use of Outer Space" (NYU Law GlobaLex) https://www.nyulawglobal.org/globalex/paper_satellites_free_use_outer_space1.html (ITU manages frequency coordination via first-come-first-served; ITU Constitution Art. 44 considers needs of developing/equatorial countries.)
  5. "Tongasat" (Wikipedia), "Space law, the Kingdom of Tonga..." (NUS) https://en.wikipedia.org/wiki/Tongasat https://cil.nus.edu.sg/blogs/space-law-the-kingdom-of-tonga-and-the-late-comer-problem/ (Tonga applied for 16 slots in 1990 without satellites; consultant Matt Nilson; ITU approved 6 in 1991, final 9 slots; lease fees ~$2M/year.)
  6. "Paper Satellites..." (NYU Law GlobaLex), ITU Resolution 49 https://www.nyulawglobal.org/globalex/paper_satellites_free_use_outer_space1.html https://www.itu.int/en/ITU-R/space/plans/Pages/Res49.aspx (Tonga sparked "paper satellite" issue; ITU Resolution 49 requires administrative due diligence (contracts, launch dates); non-compliant applications deleted; ITU also removed 145 unused networks in 2009.)