Allocation Plan

Disclaimer

Introduction

Allocation Plan

Invitation to Submit Applications

Radio Spectrum Policy and Planning

Resources and Networks Branch

November 2004

ISBN 0-478-28406-3

© Crown copyright

Permission to reproduce: the copyright owner authorises reproduction of this work, in whole or in part, so long as no charge is made for the supply of copies, and the integrity and attribution of the work as a publication of the Ministry of Economic Development is not interfered with in any way.

Disclaimer

Readers are advised to seek specific legal advice from a qualified professional person before undertaking any action in reliance on the contents of this publication.

While every effort has been made to ensure that the information set out in this document is accurate, the Crown does not accept any responsibility whether in contract, tort, equity or otherwise for any action taken, or reliance placed on, any part, or all, of the information in this document or for any error in or omission from, this document.

Introduction

1. As a Member of the International Telecommunications Union (ITU), New Zealand is allotted certain planned frequency bands for broadcasting satellite services and fixed satellite services, and can file applications to coordinate satellite positions in unplanned bands.

2. Under the ITU Radio Regulations Appendix 30, 30A and 30B, New Zealand has been allotted frequencies for the broadcasting satellite service at 158°East and fixed satellite service at 152°East (the Allotments).

3. In July 2002, New Zealand initiated filings known as NZLSAT1-4 at 158°East (NZLSAT filings) in unplanned bands used for commercial and defence services, which have now been published through the ITU for coordination with existing satellite filings.

4. A discussion paper on satellite opportunities was released in June 2004 to help develop policies for dealing with New Zealand satellite filings and allotments and gauge demand for additional satellite capacity, to which 10 submissions were received. A summary of submissions is now available.

5. Cabinet has now agreed to an allocation plan for New Zealand satellite opportunities. This document outlines the Cabinet decisions and provides further information on the arrangements for submission of applications.

Allocation Plan

6. Cabinet has agreed to the following process for considering applications from third parties for access to the Allotments, NZLSAT filings and New Zealand's filing rights in unplanned bands:

1. applications will be approved based on the first acceptable work programme offer, provided that if competing applications are received within a pre-defined period, the applications will considered together, with preference given to the one with the higher acceptability;
2. the work programme offer must clearly specify milestones and a time frame, and review or decision points in the programme that would lead to either the continuation of the process or cancellation of the agreement (or an amendment to the work programme);
3. a work programme is "acceptable" if it consists of an economically viable proposal for a satellite which includes coverage of New Zealand and its dependencies as a minimum, and additional areas of interest such as the Antarctic and the Pacific, considering without limitation:
   1. the planned and likely coverage areas, based on a technical feasibility study provided by the applicant on the coordination required for the proposed satellite network;
   2. the proposed approach to satellite coordination, construction, launch, operation, landing rights and leasing of capacity;
   3. the time estimated to undertake the various stages of establishing a satellite network;
   4. whether the proposed work programme and operations are in accordance with good satellite network practice;
   5. consistency with New Zealand domestic laws, the ITU Radio Regulations, and any relevant international treaties and conventions to which New Zealand is a signatory;
   6. the likely net economic, social, cultural and other benefits to New Zealand arising directly or indirectly from the proposal;
4. an applicant would be "acceptable" if the decision-maker was satisfied that the applicant would comply with the conditions of, and give proper effect to, the work programme and any agreements required to be entered into by successful applicants, considering without limitation
   1. he applicant's financial and legal capability to carry out the proposed work programme and fulfil the conditions of any agreements required to be entered into by successful applicants and to pay all costs associated with the satellite;
   2. the applicant's technical ability to carry out the proposed work which may include capability to construct, deploy and operate the proposed satellite system, either directly or through contracts, and to do so within the timescales in the applicants work programme;
   3. other satellite or other activities, either in New Zealand or internationally, that the applicant (or any related company) has been involved with, to the extent that these activities reflect on the applicant's ability to comply with the conditions included in the work programme and any work reporting requirements, and to pay the prescribed fees;
   4. whether the applicant, its related organisations and likely financial backers are fit and proper persons to advance a New Zealand satellite, provided that no applicant may be a foreign government or a person acting on behalf of a foreign government;
5. if the work programme is unacceptable but it is considered that relatively minor amendments would make the work programme acceptable, then the decision-maker, at their absolute discretion, may approach the applicant to suggest that they consider resubmitting a modified work programme;
6. final approval of an application is subject to an agreement incorporating the approved work programme being entered into between the applicant and the Crown within a reasonable period and including:
   1. general terms of agreement such as requirements that applicants undertake coordination work and pay all costs, and terms minimising any Crown liability for loss or damage to third parties as a result of the launch or subsequent operation of the satellite;
   2. any special terms of agreement for the particular application that are appropriate, such as conditions on use and access to the Allotments;
   3. a requirement that, at the request of the Crown, the applicant negotiate in good faith to provide satellite capacity to meet government's economic, social and cultural or other policy objectives on a commercial basis;
   4. provisions to ensure the Crown maintains sufficient control over the satellite to ensure compliance with New Zealand and international law and any other obligations, including a requirement that the "satellite control centre" is located in New Zealand or such other location as the Crown may approve on a case by case basis;

Invitation to Submit Applications

7. Any person wishing to submit an application for access to the Allotments, the NZLSAT filings or other unplanned bands is invited to contact the Ministry of Economic Development by email to radiospectrum@med.govt.nz to discuss application requirements.

8. If the Ministry receives an application that, in its view, comprises sufficient information to assess its acceptability under the policy, then an announcement will be made via the Ministry's website. This announcement will refer to receipt of an application (including details of the orbital position) and will specify a period for competing applications to be submitted, likely to be 30 working days. Further details, including the name of the applicant, will be announced at the time an application is approved.

9. The content of any information (including applications) provided to the Ministry may be subject to release under the Official Information Act 1982. If you have any objection to the release of any information provided to the Ministry, please advise which part(s) you consider should be withheld, together with the reason(s) for withholding the information. The Ministry will take into account all such objections when responding to requests under the Official Information Act 1982.