PARISโ Global satellite regulators, in a decision some fear could undermine coordinated management of satellite orbital slots, have granted Egypt three additional years to launch a civil/military telecommunications satellite whose launch deadline was next May.
The decision, made Feb. 5 by the International Telecommunication Unionโs Radio Regulation Board (RRB), followed an unusual last-minute appeal by Egyptian authorities, who pleaded that the countryโs political and financial strains in recent years constitute a โforce majeureโ preventing it from ordering the satellite in the allotted time.
One immediate consequence of the decision is that officials from Europeโs two biggest satellite prime contractors, Airbus Defence and Space and Thales Alenia Space, are now beating a path to Cairo on the assumption that Egyptian authorities will sign a satellite construction contract before the end of this month.
โWeโre rowing as fast as we can on this one,โ one French satellite industry official said.
Government and industry officials said it was subtle French government pressure that tipped the RRBโs scales in favor of ruling now on a subject for which there was no apparent urgency.
There are no Frenchmen on the 12-member RRB. Any French government influence on behalf of Egypt โ a recent buyer of French fighter jets, a contract highly appreciated by the French government โ could not be confirmed.
French manufacturersโ interest in building a satellite notwithstanding, a pro-Egypt position by France might be difficult to maintain given the other French interests involved.
The Egyptian satellite, called Navisat-12A and intended to operate L-, C-, X- and Ka-band beams from 35.5 degrees east, could cause interference problems for one of two French assets: Paris-based Eutelsatโs commercial satellites less than one-half a degree away, or the French-Italian Athena-Fidus military broadband satellite 2.3 degrees distant.
Eutelsat has Ka-band ambitions from its 35.9-degree position. Depending on whether the Egyptians elect to deploy civil or military Ka-band on Navisat-12A โ their intentions are not clear from the documents submitted to the RRB โ it could be Eutelsat or the French and Italian militaries that would face interference threats.
The Egyptian request, made by the National Telecommunications Regulatory Authority, was unusual from the start.
In a submission dated Jan. 11, already late for a Feb. 1-5 RRB meeting, Egypt requested a three-year extension for six satellite networks, all of which have sat idle on the ITUโs books for years and are scheduled to expire next May 5.
For reasons that remain unclear, Egypt elected to bypass the World Radiocommunication Conference, a month-long quadrennial meeting at which nations the world over meet to discuss radio frequency allocations.
WRC conferences routinely hear individual nations ask for deadline extensions, whether because of a launch failure โ as was the case with Mexico recently โ or because of some relatively minor contract hiccup.
In its RRB filing, Egypt said it did not make its case to WRC-15, which ended Nov. 27, because it thought it had negotiated the lease of an in-orbit satellite that would have secured their orbital slots. How a single satellite could be used to lay claim to six orbital positions is unclear.
Egypt argued that the nationโs โstruggles and revolutionsโ between 2011 and 2013, and the governmentโs degraded financial condition, should be considered โforce majeureโ by the RRB and justify a three-year extension of the deadlines.
One telecommunications lawyer unassociated with the Egyptian issue said Egyptโs attempt to define a cash-flow issue and internal politics as force-majeure conditions โis highly unusual.โ
โThe RRB should be concerned about the precedent this sets,โ said the legal expert. โForce majeure is usually applied when you have a launch vehicle failure that makes it impossible to bring your satellite into use by the deadline. The Egyptian argument comes down to the fact that they didnโt have the money. Many other nations will be paying attention to this.โ
Apparently concluding that a request for a deadline waiver for six satellites might be too much, Egypt subsequently reduced its request to three slots.
On Feb. 2 โ a day after the RRB meeting started โ the government further reduced its demand, to a single position, at 35.5 degrees east. Egypt further said a satellite construction contract would be โsigned by the end of February.โ
The Egyptian filing said โsignificant coordinationโ of the Navisat-12A frequencies had been concluded.
Jean-Francois Bureau, director of institutional affairs at Eutelsat, said Feb. 9 that Eutelsat has no idea whether the Egyptian satellite will cause problems for Eutelsatโs plans at 35.9 degrees east. He said no real attempt at coordination has been done, and that the larger question is whether โforce majeureโ will now be used by governments to bypass ITU rules.
โThe real risk here is to the regulatory framework as a whole,โ Bureau said.
SpaceNews attempted to contact the 12 RRB members, several of whom responded informally.
One said the RRB acted correctly in applying the force majeure exception to Egypt, citing a September 2012 opinion by the ITUโs legal counsel defining force majeure as โan irresistible force or an unforeseen external event beyond the control of the State.โ
โIf you look at the RRB decision you will see it does not free Egypt from having to coordinate its frequencies with its neighbors,โ this official said. โIt also cites specific elements that other nations will not be able to use. We were very conscious of this in making our decision. This will not set a precedent.โ
Another RRB official, who urged rejection of the Egyptian demand, said the RRB decision would inevitably tempt other nations to seek similar treatment. โThis was obviously not force majeure,โ said this official, adding that Iran requested force-majeure treatment several years ago, saying international sanctions made it unable for Iran to purchase a satellite. The RRB rejected the Iranian request.
โIranโs case was stronger than Egyptโs but it too was not force majeure,โ this official said. โWhat may happen now is that Egypt will be unable to coordinate a four-band satellite. It is quite possible the project will collapse because of that.โ
