1、, b95534 0003220 57T U Special Copvright Notice o I999 by the American Institute of Aeronautics and Astronautics. All rights reserved. AIAA SP-016-2-1999 Special Project MEO/LEO Constellations: US. Laws, Policies, and Regulations on Orbital Debris M it i gat i on AIAA SP-016-2-1999 Special Project R
2、eport MEO/LEO Constellations: U .S. Laws, Policies, and Regulations on Orbital Debris Mitigation Sponsored by American Institute of Aeronautics and Astronautics Approved Abstract This special report focuses on the emerging legal regime for orbital debris mitigation. It contains an overview of the re
3、levant laws, policies, and regulations on orbital debris mitigation and will serve as a useful reference for the space community. AIAA SP-016-2-1999 Published by American Institute of Aeronautics and Astronautics 1801 Alexander Bell Drive, Suite 500, Reston, VA 20191 Copyright O 1999 American Instit
4、ute of Aeronautics and Astronautics All rights reserved No part of this publication may be reproduced in any form, in an electronic retrieval system or otherwise, without prior written permission of the publisher. Printed in the United States of America II AIAA SP-016-2-1999 Table of Contents . Fore
5、word v 1 Recent Developments Focusing Attention on Debris Regulation of Commercial Space Operations . 1 1 . 1 MEOILEO Constellations 1 1 . 2 2 Debris Mitigation Measure . 3 U.S. Laws, Policies. and Regulations 4 2.1 Congressional Legislation 4 2.2 2.2.1 2.2.2 2.3 2.4 2.5 2.5.1 2.5.2 2.5.3 2.6 Privat
6、e Contracts 21 White House Policy Initiatives . 5 Interagency Policy Coordination 5 National Policy on Orbital Debris . 8 NASA Policy and Debris Mitigation Guidelines 8 Department of Defense Policy . 12 Federal Agency Regulation of Orbital Debris From Commercial Space Operations . 15 The Department
7、of Commerces National Oceanic and Atmospheric Administration . 17 The Federal Communications Commission . 18 3 Conclusion 21 The Federal Aviation Administration 15 . III AIAA SP-016-2-1999 Foreword As part of a public policy effort to stem the growth of orbital debris, the American Institute of Aero
8、nautics and Astronautics (AIAA) in October 1992 formed the Orbital Debris Committee on Standards (Commit-tee). The Committee succeeded the AIAA Study Group on Orbital Debris, which was formed in May 1989. The work of the Study Group culminated in the AIAA Special Projects Report on Orbital Debris Mi
9、tigation Techniques: Technical, Legal, and Eco-nomic Aspects (SP-016-2-1992). The Study Group was chaired by Paul F. Uhlir, National Academy of Sciences. The Committees members are drawn from government and industry, including the insurance and legal communities. While participating in their individ
10、ual capacities, many Committee members are affiliated with major U.S. aerospace companies and government agencies with space regulatory and operating responsibilities. The Committee is co-chaired by Pamela L. Meredith, Esq., of Zuckert, Scoutt Interagency Report on Orbital Debris (Office of Science
11、and Technology Policy, 1995); Position Paper on Orbital Debris (International Academy of Astronautics, 1995); NASA Safety Standard 1740.14, “Guidelines and Assessment Procedures for Limiting Orbital Debris,” NSS 1740.14 (1995); NASA Management Instruction 1 700.8, “Policy for Limiting Orbital Debris
12、 Generation,” NMI 1700.8 (1 993) replaced by NASA Policy Directive 871 0.3, “Policy for Limiting Orbital Debris Generation,” NPD 871 0.3 (1997); Protecting the Space Station from Meteoroids and Orbital Debris (National Research Council, 1997); Protecting the Space Shuttle from Meteoroids and Orbital
13、 Debris (National Research Council, 1997); Space Surveillance: DoD and NASA Need Consolidated Requirements and a Coordinated Plan, GAO/NSIAD-98-42 (1 997). The Committee decided to place particular emphasis on these constellations because they more than any other development of space highlight the n
14、eed for debris mit-igation measures. Indeed, the White Houses Office of Science and Technical Policy (OSTP) concluded that “tlhese constellations could present a significant new concern for the orbital debris environment.” The following Committee members deserve special mention for their contributio
15、n to this report: William D. English, Esq., Iridium, LLC; Sean P. Fleming, Esq., of Law Offices of Pamela Meredith; Mike Fudge of ITT Systems and Sciences; John B. Gantt, Esq., of Mizrack Dr. Timothy Maclay of Orbital Communications Corporation; Dr. Darren S. McKnight; Pamela L. Meredith, Esq.; and
16、Robert E. Penny of Motorola. The AIAA Orbital Debris Committee on Standards includes the following members: Pamela Meredith, Esq., Co-Chair (Zuckert, Dr. Darren S. McKnight, Co-Chair (Titan Dennis Ahearn (Comsat) Scoutt In re Application of Loral/Qualcomm Partnership, L.P., for Authority to Construc
17、t, Launch and Operate Globalstar, a Low Earth Orbit Satellite System to Provide Mobile Satellite Services in the 1610-1626.5 MHz/2483.5-2500 MHz Bands, 10 FCC RCD 2333 (1995); In re Application of TRW , Inc., for Authority to Construct, Launch, and Operate a Low Earth Orbit Satellite System in the 1
18、610-1626.5 MHz/2483.5-2500 MHz Band, 10 FCC RCD 2263 (1995); In re Application of Mobile Communications Holdings, Inc., for Authority to Construct, Launch and Operate an Elliptical Low Earth Orbit Mobile-Satellite System, 12 FCC RCD 9663 (1 997); In re Application of Constellation Communications, In
19、c. for Authority to Construct, Launch, and Operate a Low Earth Orbit Mobile-Satellite System, 12 FCC RCD 9651 (1997); In the Matter of Application of Orbital Communications Corporation for Authority to Construct, Launch and Operate a Non-Voice, Non- Geostationary Mobile-Satellite System, 9 FCC RCD 6
20、476 (1994); In the Matter of the Application of Starsys Global Positioning, Inc., for Authority to Construct, Launch and Operate a Satellite System in the Non-Voice, Non-Geostationary Mobile-Satellite Service, 11 FCC RCD 1237 (1 995); In the Matter of the Application of Volunteers in Technical Assis
21、tance for Authority to Construct, Launch and Operate a Non-Voice, Non-Geostationary Mobile-Satellite System, 11 FCC RCD 1358 (1 995); In the Matter of Teledesic Corporation Application for Authority to Construct, Launch, and Operate a Low Earth Orbit Satellite System in the Domestic and Internationa
22、l Fixed Satellite Service, Order and Authorization, 12 FCC RCD 31 54 (1 997) hereinafter “Teledesic Authorization“; In the Matter of Final Analysis Communication Services, Inc. for Authority to Construct, Launch and Operate a Non-Voice, Non-Geostationary Mobile-Satellite System in the 148-1 50.05 MH
23、z, 400.1 5-401 MHz, and 137-1 38 MHz bands, 13 FCC RCD 6618 (1998); In the Matter of the Application of Leo One USA Corporation for Authority to Construct, Launch and Operate a Non-Voice, Non-Geostationary Mobile Satellite System in the 137-1 38, 148-1 50.05, and 400.1 5-401 MHz Frequency Bands, 13
24、FCC RCD 2801 (1998); In the Matter of the Application of E-Sat, Inc. for Authority to Construct, Launch and Operate a Non-Voice, Non-Geostationary Mobile-Satellite System in the 137-138 and 148-150.05 MHz Frequency Bands, 13 FCC RCD 10859 (1 998). The FCC distinguishes between the “Big LEO“ constell
25、ations which will operate in the 1600/2400 MHz bands and provide voice and data communications, and the “Little LEO“ constellations, whose satellites are smaller and less powerful and which will be used for data communications below the 1 O00 MHz band. Among the other foreign proposed systems are: I
26、C0 Global Communications IC0 (England), Kennett International Technologys KITComm (Australia), Matra Marconis WEST (France), SAIT Systems IRIS (Belgium), OHB Teledatas Safir R (Germany), Telespazios Temisat (Italy), and Russias Gonets-D and Gonets-R. ASSOCIATE ADMR FOR COMMERCIAL SPACE TRANSP., FED.
27、 AVIATION ADMIN., 1998 LEO COMMERCIAL MARKET PROJECTIONS (May 1998), at 3-9. IC0 and KITComm are included because they have filed a Letter of Intent with the FCC to access the U.S. satellite services market. See IC0 Services Limited Letter of Intent to Provide Mobile Satellite Service to, From and W
28、ithin the US. Market Within the 2 GHz MSS Frequency Bands 7990-2025 MHz and 2765-2200 MHz, File No. SAT-LOI-I 9970926-001 63 (Sep. 26, 1997); and Letter of Intent of KITComm Satellite Communications Ltd., File No. SAT-LOI-I 99801 30-0001 1 (Jan. 30, 1998). Note that the information in the table is b
29、ased on FCC licensing orders and applications filed at the FCC but does not necessarily reflect current company plans. For example, Motorola will operate at 780 km not 775 km. 3 4 1 AIAA SP-016-2-1999 Constellation I Owner Number of I Location Satellites Iridium Iridium, LLC 66 775 km Globalstar Lo
30、ral/Qualcom m 48 1406 km Odyssey5 TRW 10 10,000 km Ellipso MCHI 16 Elliptical M-STAR Motorola 72 1350 km Ce lest ri Motorola 63 1400 km Iridium NextGen Iridium LLC 96 850 km Sky Bridge Alcatel 80 1469.3 km Boeing 2 GHz Boeing 16 20,181 km Boeing Ku-Band Boeing 20 20,182 km Pentriad Denali Telecom 14
31、 Elliptical Ellipso 2G MCHI 26 Elliptical Virgo Virtual 15 Elliptical Constellation-Il Constellation 46 2000 km KITComm KITComm 21 2800 km Geosatellite Licensed 97 I Licensed 95 I Licensed 98 Licensed 97 Pendin Pending I Pendina I Pendin Pending I Pendina I Pendin Pending I 5 TRW returned its licens
32、e to the FCC in January 1998. International Bureau, FCC, Public Notice, Rep. No. SPB-114 (Jan. 15, 1998), at 4. Orbcomm modified its system to add 12 satellites for a total of 48 satellites and changed the constellations orbital altitude to 825 km. In the Matter of Orbital Communications Corporation
33、 for Modification of Its Authorization to Construct, Launch and Operate a Non-Voice, Non-Geostationary Mobile-Satellite System in the 137-138, 148-150.05, and 400.15-401 MHz Frequency Bands, 13 FCC RCD 10828 (1 998) hereinafter “Orbcomm Modification“. 6 7 GE Starsys returned its license to the FCC i
34、n August 1997. 2 AIAA SP-016-2-1999 Iridium, LLC of Washington, D.C. has completed deployment of its 66-satellite constellation and began operation in November 1998. Orbital Communications Corporation (“Orbcomm”), of Dulles, Virginia, has deployed its original 28-satellite constellation and is fully
35、 operational. Globalstar is in the midst of deployment. Other prospective constellation operators are in various stages of design, construction, and financing. Note that the FCC generally requires satellite licensees to begin satellite construction within one year of receiving a license. The FCC con
36、siders a licensee to have begun construction when the licensee executes a non-contingent satellite construction contract. Additional milestone requirements for construction completion and launching apply as well. Failure to meet the milestone renders the licensee “null and void,” unless the FCC gran
37、ts an extension. The information in the above table is based on the FCC license orders and applications filed at the FCC but does not necessarily reflect current company plans. For example, Teledesic Corporation has modified its constellation to include only 288 atellites. Motorola will operate at 7
38、80 km not 775 km. 1.2 Debris Mitigation Measures The FCC does not assign orbital altitudes for MEO/LEO constellations and, so far, it has licensed MEO/LEO constellations without coordinating the orbital altitudes selected by the licensees. As a result, several constellations have been licensed in cl
39、ose orbital proximity, given the fact that certain orbital regions are particularly attractive for MEO/LEO constellations. This was the case, e.g., for Motorola and Orbcomm, whose systems both were licensed at 775 km. The companies have since adjusted the altitudes for their constellations. Motorola
40、s Iridium will now be operating at 780 km and Orbcomm will be at 825 km.” Motorola and Orbcomm have negotiated a memorandum of understanding which provides for regular exchange of orbital trajectory information between the companies. The information will be used to monitor the probability of collisi
41、on and will alert operators of both constellations in advance of upcoming close approaches. Applications for MEO/LEO constellation now pending before the FCC show that several constellations are being planned at approximately the same orbital altitude. For example, M-Star, Celestri, Globalstar 2 GHz
42、, Globalstar 40 GHz and Teledesic (Ka-band” and V-band) have proposed orbits around 1,400 km, and Lockheed Martin, Contact, Hughes Spaceway, Hughes StarLynx, ICO, TRW have proposed systems at altitudes around 10,350 km. (See the table above). While it is true that some of these systems may be combin
43、ed, especially those proposed by the same company, considerable coordination will be required between and among the operators if the systems are licensed as proposed. The FCC also has not imposed post-mission requirements on MEO/LEO constellation operators, thus leaving it up to the individual opera
44、tors to determine end-of-life disposal methods. (See Section 2.5.3 regarding proposed FCC satellite disposal guidelines). Currently, proposed end-of-life procedures vary greatly among the MEO/LEO constellation operators, depending upon the orbital altitude and the spacecraft characteristics. Motorol
45、a and Teledesic, for example, plan to re-orbit to lower altitudes their satellites at end-of-life. Loral/Qualcomm has announced plans to place satellites in a disposal, or “graveyard,” orbit, possibly above its operational orbit of about 1,400 km. Orbcomm, whose satellites are extremely lightweight
46、(about 50 kg at launch), will rely on atmospheric drag and natural orbit decay. The 8 9 Norris Satellite Communications, Inc., Memorandum Opinion and Order, 12 FCC RCD 22299, fi 9 n.26 (1997). The FCC licensed Teledesics original constellation of 840 satellites at an orbit of 700 km. See Teledesic A
47、uthorization, supra note 4. In 1999, the FCC approved Teledesics request for an orbit at 1375 km and a constellation of 288 satellites. See In the Matter of Teledesic LLC for Minor Modification of License to Construct, Launch and Operate a Non-Geostationary Fixed Satellite Service, Order and Authori
48、zation, DA 99-267 (Jan. 29, 1999) hereinafter “Teledesic Modification”. See Orbcomm Modification, supra note 8. 10 3 AIAA SP-016-2-1999 orbital decay will be accelerated by placing the Orbcomm satellite in a maximum drag configuration which increases the drag efficiency by a factor of four. Motorola
49、 reports that it is planning the following procedure: When a satellite reaches end-of-life, the satellite (which is deployed at 780 km) will 1) lower itself, through the use of hydrazine propulsion, out of the constellation by 10 km (both perigee and apogee); and then 2) complete a series of perigee- lowering burns until no fuel is left. The satellite perigee will then be at 250 km and the apogee at 770 km. From this orbital position, it will take about one year for the orbit to decay and for the satellite to reenter the atmosphere and burn up. The nominal lif
