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Essay: Space Based Solar Power- Evaluation Of Policies And Legal Aspects

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  • Published: 16 June 2012*
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Space Based Solar Power- Evaluation Of Policies And Legal Aspects

INTRODUCTION
Policies related to Space based solar power is derived from diverse fields. Such a large endeavor carries with it significant international and environmental implications also. The policies vary from country to country and time to time. The basic framework can be evolved from space policies of specific countries, the international space law, the outer space treaties(OST), weapons and arms laws, policies of ITU (international telecommunication union) and many more. These have to be integrated and analyzed to bring SBSP into a reality. This report gives a brief description of what are the specifics that has to be looked into, to make the concept feasible. The following aspects have been considered:

1. SPACE POLLUTION
Decades of space activity have littered Earth’s orbit with debris; and as the world’s space-faring nations continue to increase activities in space, the chance for a collision increases correspondingly. An article under The United states space policy includes:

‘Preserving the Space Environment and the Responsible Use of Space
‘ Lead the continued development and adoption of international and industry standards and policies to minimize debris, such as the United Nations Space Debris Mitigation Guidelines
‘ Develop, maintain, and use space situational awareness (SSA) information from commercial, civil, and national security sources to detect, identify, and attribute actions in space that are contrary to responsible use and the long-term sustainability of the space environment;
‘ Continue to follow the United States Government Orbital Debris Mitigation Standard Practices such as

I. Each instance of planned release of debris larger than 5 mm in any dimension that remains on orbit for more than 25 years should be evaluated and justified on the basis of cost effectiveness and mission requirements.
II. In developing the design of a spacecraft or upper stage, each program, via failure mode and effects analyses or equivalent analyses, should demonstrate either that there is no credible failure mode for accidental explosion, or, if such credible failure modes exist, design or operational procedures will limit the probability of the occurrence of such failure modes.
The above point may be applicable to solar panels as there have been cases of solar explosion
‘ Pursue research and development of technologies and techniques, through the Administrator of the National Aeronautics and Space Administration (NASA) and the Secretary of Defense, to mitigate and remove on-orbit debris, reduce hazards, and increase understanding of the current and future debris environment’

2. PROPERTY
Power generation is the field where private players cannot be discarded. Beyond the many technological factors that could make space commercialization more widespread, the lack of private property, the difficulty or inability of individuals in establishing property rights in space, has been an impediment to the development of space for both human habitation and commercial development. In particular, the making of national territorial claims in outer space and on celestial bodies has been specifically proscribed by the Outer Space Treaty- Article I of the Outer Space Treaty of 1967:

‘The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.’
When the moon is to be used as a platform for SBSP this issue sprouts up. This may be a possible hindrance for SBSP to be used for business.
When rectennas are used on sea surfaces, there can be clashes between countries and may claim their share on water bodies. Under the international legal principle of ‘res communis’, which applies to such unlimited or renewable resources like the high seas, all countries have unrestricted access, i.e. no country can claim to exercise national sovereignty over a portion of the high seas.

3. ENERGY TRANSMISSION ASPECTS

If SBSP uses microwave transmission, energy from space to Earth has to be transmitted at 2.45 GHz, or 5.8 GHz. SBSP companies must also engage with customer countries’ agencies responsible for national radio regulations e.g. The Federal Communications Commissions(FCC) in the U.S.
‘ SBSP companies must engage with the International Telecommunications Union (ITU) to secure general approval for the use of these frequencies.
In India also one of the three authorizations for establishing Indian satellite system is Authorization by the Wireless Planning and Coordination Wing (WPC) of the Ministry of Communications, being the Indian Administration, to operate a Space Station in accordance with the extant ITU Radio Regulations
SBSP companies must also engage with national aviation agencies (e.g., DGCA in India, the Federal Aviation Administration (FAA) in the US,) to establish no-fly zones around radio energy corridors between the satellite and its ground-based receivers, as may be required by national or local laws.
‘ If these radio frequencies are unavailable, SBSP companies might pursue power beaming using lasers at 1.0 micron or 0.86 micron wavelengths. This removes the need for any frequency approval, as lasers are not regulated as radio frequencies.
‘ SBSP covers broadcasting and telecommunication (transmission and reception) operations. As far as India is concerned, these will be dealt with in accordance with the regulations in the particular sector. For instance, for broadcasting the Broadcast Act will apply, and for telecommunications, the Telegraph Act will apply.

4. POSSIBILITY OF WEAPONISATION
When beaming energy in the form of laser there is a possible chance for weaponisation. International Traffic in Arms Regulations (ITAR), prevents U.S. from working with non-US universities and non-US and citizens greatly restricts and complicates all space related business as it treats all launch and satellite technologies as arms.
Laser or ion beams powered by an SBSP satellite or transmitter might be developed as weapons. However The Outer Space treaty’s prohibition on weapons of mass destruction would probably not include the use of lasers as such. Harmful microwave radiation from the transmitter would also be a violation of the objectives of the 1972 Convention on International Liability for Damage Caused by Space Objects. Like other type of satellites systems, an SPS could become vulnerable to attack or to being held hostage by a technically advanced hostile nation. While SPS ground manufacturing, launch and rectenna sites would be vulnerable to military or terrorist attacks, the entire system would be so extensive and dispersed that the damage from such attacks would likely be no more than that in the case of attacks on conventional terrestrial generating systems.

5. THE ORBIT
Satellites in geostationary orbit must all occupy a single ring above the equator, approximately 35,800 km into space. The requirement to space these satellites apart means that there is a limited number of orbital "slots" available, thus only a limited number of satellites can be placed in geostationary orbit. This has led to conflict between different countries wishing access to the same orbital slots (countries at the same longitude but differing latitudes). These disputes are addressed through the ITU allocation mechanism. Countries located at the Earth’s equator have also asserted their legal claim to control the use of space above their territory, notably in 1976, when many countries located at the Earth’s equator created the Bogota Declaration, in which they asserted their legal claim to control the use of space above their territory. However this claim was rejected by the U.N. committee on Peaceful Uses Of Outer Space.
Article II of the Space Treaty provides that outer space "is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The Space Treaty also appears to prevent private companies from selling slots in the geostationary orbit: "Under the current treaty regime, the geostationary orbit is a scarce resource that no nation or individual can claim a legal right to beyond that of a squatter, which does not work to allocate the orbital space either efficiently or equitably."

6. LAUNCH ISSUES

The international space station is currently the largest structure in space with a mass of 232 MT. In contrast a single space solar satellite is expected to be above 3000 MT. construction of a single SBSP satellite alone would require in excess of 120 such launches.
Legal issues are more common to space launches, such as liability in case of a badly planned or unsuccessful launch. Article VII of the Space Treaty holds each State Party to the Treaty or each State Party from whose territory an object is launched, internationally liable for damages in air space or outer space.
This treaty was later supplemented by the Space Liability Convention, which provides that "a launching State is absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight," where fault is established. Thus, even if a launch is purely private, the respective government will be held liable for damages. The U.S. government took this into account by creating liability insurance requirements. In the case of SBSP satellites, however, many dozens of launches may be required to put all of the components of an SBSP system into orbit, so the failure to successfully launch one or more modules may have the unusual consequence of putting the entire project off schedule. Thus, the damage questions may be more complicated than typical launch failures.

7. HUMAN HEALTH

Scientific opinion about possible health hazards associated with the deployment of SPS satellites and beaming of microwave radiations to the earth stations will strongly influence public opinion and then politics may come into play. Although there is no scientific document to show that exposure to low level microwave radiation for a long time has harmful effects on human beings, without good theory and knowledge of mechanisms of molecular biology we cannot now rule out all possibilities of harm.
Various regulatory bodies and nations have developed exposure standards for RF(radio frequency, i.e. if SBSP utilizes RF waves) energy. These exposure level standards are for the safety of civilians and workers. After the 80’s the United States through Federal Communications Commission (FCC) recommends safety gudelines related to radio frequency exposure. Health and safety bodies-like the EPA(Environmental Protection Agency), the FDA(Food and Drug Administration), NIOSH( National Institute for Occupational Safety and Health), and the OSHA (Occupational Safety and Health Administration)-are also concerened with RF waves and their detrimental effects
The recommendations of, NCRP (National Council on Radiation Protection and Measurements) and IEEE (Institute of Electrical and Electronics Engineers) forms the basis for the guidelines developed by FCC on RF radiation exposure. It is after extensive study about RF charachteristics that expert scientists developed the NCRP exposure criteria and the IEEE standards. There are certain threshold values of exposure after which only the affects are adverse. It is these values which helps in determining safety margins. Many countries in Europe use exposure guidelines framed by the International Commission on Non-Ionizing Radiation Protection (ICNIRP).
Theses bodies like IEEE, NCRP etc. determine the critical value, at which harmful biological effects might occur, and also the limits for maximum permissible exposure (MPE) recommended for electric and magnetic field strength and power density. The threshold level is a SAR value for the whole body of 4 watts per kilogram (4 W/kg). The vulnerable limits on full-body exposure are in the frequency range of 30-300 MHz where the RF energy is absorbed when the whole body is exposed.

Policy framework of Department of Space-India
The Indian Space Program aims for the development of the country by utilizing space related science and technology in such a manner that the country becomes self sufficient. The following policies have been put forward by the space program considering its future prospects and competition among nations.
(a) Industry Participation Policy: this policy highlights the involvement of industries in space related programs at national level ‘ promoting higher level of supply of stages, permitting to use ISRO facilities by industries, exchange of technology between ISRO and industry, providing technical consultant support to industries. Thus this policy openly invites contribution by industries in space based solar power without whose support India cannot participate if SBSP becomes a global venture
(b) Commercialization Policy: this policy supports antrix corporation to introduce India’s space assets, its technologies, and products to international markets, on a commercial basis publish/provide IRS data with the help of International ground stations, allow for leasing of INSAT transponders to private players, launch of foreign satellites with the help of Indian Launch Vehicles (PSLV/GSLV), TTC support for foreign satellites, help to design and develop comm. satellites for International customers. The budget of ISRO for 2013-2014 is as below.

Sl no. area BE2012-2013 RE2012-2013 BE2013-2014
1. Space technology 4068.11 2885.38 3869.65
2. Space applications 758.59 602.52 686.47
3. INSAT operational 1220.87 960.70 1580.21
4. Space sciences 471.75 330.13 521.29
5. Direction administration and other programs 195.68 101.27 134.38
Grand total 6715.00 4880.00 6792.00

(c) Remote Sensing Data Policy: this policy promotes collecting and distributing data from both Indian and foreign satellites for civilian use
(d) Satcom Policy: permits usage of INSAT satellites by non-governmental sectors and support private parties to setup communication satellites
(e) International Co-operation Policy: setup for mutual benefit ‘ bilateral and multilateral co-operative programs, allows payloads to be flown on Indian satellites and participation in international forums.
(f) Human Resource Development Policy focusses on retaining the critical mass, providing training and development programs, and support with rewards and incentives, creating flexibility in career prospects, opportunities like studying while working and through sponsored research improve academic capacity. This policy can help train Indian scientists with foreign support on SBSP.
(g) involve users in participating in planning and utilization of space systems and develop co-ordination between departments or ministries namely, Advisory Committee on Space Sciences (ADCOS). Planning Committee of National Natural Resource Management System (PC-NNRMS), INSAT Co-ordination Committee (ICC) etc
(h) enhancing technological capacity to develop cutting edge cost effective space systems like launch vehicles, ground systems satellites for providing national space services.

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