ITU Myth #4: “All I Need Is an ITU Filing”

In the satellite world, particularly among startups and even investors, there’s often a misconception that an ITU filing alone gives you the right to operate satellite services worldwide.

However, there’s no such thing as an “ITU license” or “ITU approval”. Let’s break this down and clarify what ITU filings are, what they’re not, and why operators need to go much further than simply filing to ensure their systems can operate in compliance with the relevant national and international regulations.

 What an ITU Filing Is and Isn’t

Having a filing registered with the ITU is a critical first step, but it’s only one part of the equation. In order for the frequency assignments to the filing to gain the right to international recognition by being recorded in the Master International Frequency Register, they must be brought into use (BIU).

That means a satellite equipped to operate the frequencies within the orbital parameters as specified in the filing remains operational in that orbit for at least 90 consecutive days.

Otherwise, if not brought into use before the regulatory deadline, the ITU would cancel the filing, and you may lose your priority in the coordination queue.

Bringing the frequency assignments to a filing into use requires real technical effort, not just paperwork.

 Why This Gets Complicated for LEO Operators

BIU can be particularly challenging for Low Earth Orbit (LEO) systems. Unlike GEO satellite networks consisting of one space station at a fixed orbital location, LEO constellations may involve hundreds or thousands of spacecraft in varying orbital planes, altitudes and inclinations.

With the increasing number of launches via rideshare platforms, launch service providers typically aim to select an orbit that accommodates all payloads. However, this often results in a compromise that doesn’t fully meet the specific requirements of any individual satellite; particularly when the mean altitude does not align with the parameters defined in the filing.

This makes it challenging to launch directly into the orbit specified in your filings. The only reliable way to ensure compliance with your filing parameters is through a dedicated launch, though this comes at a significantly higher cost.

Orbital parameters aren’t the only consideration. The number of satellites and the overall size of the constellation must also align with specific deployment milestones. Otherwise, the allowable size of the constellation may be reduced accordingly as outlined in Resolution 35 (Rev. WRC-23).

The ITU Doesn’t License Anything

The ITU is not a licensing authority. Its role is to manage global coordination of spectrum and orbital resources, ensuring different countries’ satellite networks don’t interfere with each other. It does not authorize or approve services.

Article 18 of the Radio Regulations spells it out:

18.1 No transmitting station may be established or operated [...] without a license issued [...] by or on behalf of the government of the country to which the station is subject.

This principle is also in the basic rules of the ITU: the “ITU Constitution” (CS) recognises spectrum as a scarce natural resource that each country has sovereignty to regulate and authorise (while ensuring its “rational, efficient and economical” use).

Translation? You need national authorizations to operate in a given market.

 So… Is It Just About Landing Rights?

Not exactly. The term “landing rights” often comes up in this context, as a form of national approval which relates to the orbital resources. However, it lacks a universal approach and does not apply in every country.

In practice, landing rights are granted by national authorities to allow a foreign satellite - or constellation of satellites - to land signals or traffic into their national territories. They enable a foreign satellite’s capacity to be used by services within the territories granting them.

As a sovereign concept, landing rights are separate from the filing procedures of the ITU. Having a foreign satellite network duly registered with the ITU does not remove the need to obtain landing rights within the coverage jurisdictions. However, having an ITU filing is usually essential to apply for landing rights.

Landing rights are just one piece of the puzzle. In reality, there are other types of authorization that you may need separately, such as:

• Earth station and gateway licenses

• Authorizations to sell services locally

• Spectrum licenses for the use of the frequencies in the territory (whether for experimental or commercial use)

• Type approvals for new terminals to be introduced in a market

These authorization requirements vary from country-to-country and are evolving to cater for new technologies.

The Takeaway: Words Matter

In satellite regulation, clarity is key. Referring to “ITU licenses” misleads stakeholders, especially when legal, operational, and investment decisions are on the line.

Let’s use accurate terms: ITU filings, BIU, landing rights, national licenses, market access.