He said, “My guess is that they were allowed to operate on a non-interference basis and if there is an interference issue, they have to find a way to resolve it.”
Tilley told Ars that Article 4.4 allows non-interference use domestically but is “not a blank check for continuous, global downlinks from any constellation.” In that case, “International coordination duties still apply,” he said.
Tilly explained that under the Convention on the Registration of Objects Launched into Outer Space, states are required to report the normal functioning of any space object. “Objects considered to be part of the Starshield constellation have been registered with UNOSA [United Nations Office for Outer Space Affairs] Under the broader description: ‘Spacecraft engaged in practical applications and uses of space technology such as weather or communications,” their paper said.
Tilley told Ars that such vague details “may satisfy letter filing requirements, but it is contrary to the spirit of international agreements”. They argue that the filing should at least state whether the satellite is for military purposes or not.
“The real risk is that we are no longer dealing with one or two satellites, but with huge constellations that, by virtue of their design, are global in scope,” he told Ars. “The unilateral use of space and spectrum affects every country. As the examples of US and Chinese behavior show, we are starting from shaky ground when it comes to large, militarily-oriented mega-constellations, and, at a minimum, this trend distorts the intent and spirit of international law.”
constellation of china
Tilley said they tracked China’s Guowang constellation and its “use of spectrum in the 1250-1300 MHz range, which is not allocated for space-to-Earth communications.” China, he said, “filed advance notice and coordination requests with ITU for this spectrum, but was not given protection for its non-compliant use. As a result, subsequent Chinese filings with ITU notifying and completing due diligence omitted this spectrum, yet satellites are using it ahead of other countries. This shows that the Chinese government consulted internationally and proceeded anyway, while the US government did not consult at all.”