Legal Issues in Commercial Satellite Communications: Focusing on the Regulation and Protection of Satellite Frequencies

This paper examines the legal challenges in satellite communications, with a particular focus on the "priority of satellite orbital slots" and the "allocation and assignment of satellite frequencies." By analyzing the concept, types, and historical development of satellite communications, it underscores the critical importance of satellite frequencies and reviews the international legal framework governing their regulation. Additionally, the paper assesses Korea's frequency regulation system and identifies areas for legislative reform.Although the Radio Waves Act of Korea contains provisions for managing satellite frequencies and networks, it inadequately addresses the unique characteristics of satellite communications or aligns with international standards. The current regulatory framework, which applies terrestrial frequency management procedures to satellite frequencies, results in systemic gaps and inefficiencies, highlighting the urgent need for legislative reform to enhance satellite services and Korea's global competitiveness.First, satellite frequency management should be distinctly separated from satellite network management. Independent procedures for international registration and domestic service utilization are essential to effectively address the unique attributes of satellite frequencies. Second, the allocation and assignment frameworks should integrate features such as international registration and interference coordination. Adopting best practices from the International Telecommunication Union (ITU), such as the first-come, first-served principle and comparative reviews, alongside mandatory coordination agreements and public consultations, would significantly enhance transparency and procedural efficiency.Third, regulatory measures must distinguish between geostationary satellite orbit (GSO) networks and non-geostationary satellite orbit (NGSO) networks. While GSO systems require resource allocation focused on stability, NGSO systems, including large-scale constellations, necessitate flexible frameworks to manage interference and facilitate resource reallocation. Fourth, regulatory processes should be streamlined to alleviate administrative burdens, particularly for short-term satellite systems, thereby optimizing resource utilization.Finally, satellite orbits and frequencies, as strategic national assets, must be protected through robust legal frameworks. This includes the definition of governance structures, the implementation of protection plans, the establishment of dedicated institutions, and the introduction of transparency-enhancing measures such as mandatory coordination agreements and public consultations.In conclusion, Korea must establish comprehensive legal and institutional frameworks to safeguard satellite orbits and frequencies. Immediate amendments to the Radio Waves Act are necessary, and the introduction of independent legislation could ensure specialized management, strengthen international competitiveness, and enable adaptation to evolving technological advancements.