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Regulation of Space Activities in India

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National Regulation of Space Activities

Part of the book series: Space Regulations Library Series ((SPRL,volume 5))

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Abstract

The Indian space programme started about 45 years ago with the explicit mandate to promote the development and application of space technology for the socio-economic benefit of the nation. Today, it has gone beyond that mandate to the point as India has become one of the major space powers in the world, particularly after the successful launch of Chandrayaan-I lunar mission. Moreover, the Indian space sector is being opened up for private participation and has begun commercializing certain technologies and services internationally. In India the privatisation and commercialization of space technologies make it imperative for the government to legislate national space law(s). This chapter analyses the current Indian legal regime, its adequacy and inadequacy, for governance of the Indian space activities, particularly by the private sector. Specifically the topics covered are: decision-making and Indian state practice with respect to the implementation of international space treaties; legal issues related to launch services (space transportation systems); satellite telecommunications (including satellite broadcasting); satellite remote sensing (earth observation) services; satellite navigational services; and intellectual property rights, transfer of technology and national security. The Chapter concludes that an appropriate national legal regime is an important way in which India could encourage the balanced and sustainable development to tap the potential of space commerce and industry.

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Notes

  1. 1.

    For a detailed description of ISRO’s history and current activities, visit http://www.isro.gov.in (accessed: 23 June 2009). For the ISRO’s Annual Report for 2007–2008, visit http://www.isro.gov.in/rep2008/Index.htm (accessed: 23 June 2009).

  2. 2.

    The Union Budget 2008–2009, presented in Parliament on 29th February 2008, made the following financial allocations for the Department of Space and ISRO respectively: (i) Rs. 125 crore earmarked for ISRO’s manned mission initiatives as it hiked the allocation for the Department of Space (DOS) by nearly 24%; (ii) The DOS has been allocated Rs 4,074 crore for 2008–2009, a Rs. 784 crore hike over the Rs. 3,290 crore allocation last fiscal; (iii) Rs 10 crore set aside for the Space Recovery Capsule Experiment-2; (iv) allocation of Rs. 10,000 crore for technology development and designing facilities for human spaceflight and astronauts; (v) the Indian Institute for Space Technology, taking shape near Thiruvananthapuram (Kerala); and (vi) The Indian Regional Navigation Satellite System got a massive hike from Rs. 94 crore last year to Rs. 270 crore in this fiscal. See, Outcome Budget of the Department of Space, Government of India, 2008–2009. http://www.isro.org/Accounts/OutcomeBudget2008-2009.pdf (accessed: 23 June 2009), 112.

  3. 3.

    For details about Antarix Corporation Limited, visit: http://www.antrix.gov.in (accessed: 23 June 2009).

  4. 4.

    New Telecom Policy 1999, visit: http://www.dot.gov.in/ntp/ntp1999.htm (accessed: 23 June 2009).

  5. 5.

    Ibid. Para.3.9 of the Telecom Policy briefly states the SatCom Policy with respect to the use of transponder capacity from both domestic and foreign satellites.

  6. 6.

    The Citizens’ Charter; http://www.isro.gov.in/rep2008/citizens.htm (accessed: 23 June 2009).

  7. 7.

    The following are the most important space treaties: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies (hereinafter referred to as the “Outer Space Treaty”); 610 UNTS 205 (opened for signature on 27 January 1967, entered into force for India on 18 January 1982; Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the “Rescue Agreement,”); 672 UNTS 119; (opened for signature on 22 April 1968, entered into force for India on 09 July 1979); Convention on International Liability for Damage Caused by Space Objects (the “Liability Convention”); 961 UNTS 187; (opened for signature on 29 March 1972, entered into force for India on 09 July 1979); and the Convention on Registration of Objects Launched into Outer Space (the “Registration Convention”); 1023 UNTS 15 (opened for signature on 14 January 1974, entered into force for India on 18 January 1982). The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the “Moon Agreement”); 1363 UNTS 3; has entered into force on 11 July 1984. India signed the Agreement on 18 January 1982 and has not yet ratified it. It may be noted that India has been a member of the United Nations’ Committee on Peaceful Uses of Outer Space from its inception in 1958 and has actively participated in the negotiations of all these five treaties governing outer space. For details, see Ram Jakhu, “Developing Countries and the Fundamental Principles of International Space Law”, in Girardot, R.G., et al. (ed.), New Directions in International Law (Frankfurt, 1982), pp. 351–373. On the relationship between International Law and Indian domestic law, see P. Chandrasekhara Rao, International Law and Indian Constitution, Taxmann, New Delhi, 1993; V. S. Mani, “Effectuation of International Law in the Municipal Legal Order: The Law and Practice in India,” Asian Yearbook of International Law, vol. 5, 1997, pp. 145–174.

  8. 8.

    The 1969 Vienna Convention on the Law of the Treaties, Article 26: “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.”

  9. 9.

    See supra note 7.

  10. 10.

    Constitution of India, Part IV, Directive Principles of State Policy: “Article 51. Promotion of international peace and security: The State shall endeavour to: (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and (d) encourage settlement of international disputes by arbitration.” http://lawmin.nic.in/coi/coiason29july08.pdf (accessed: 23 June 2009).

  11. 11.

    Constitution of India, Part V, The Union: Chapter I: The Executive: The President and Vice-President: “Article 53: The Executive Power of the Union : The Executive power of the Union shall be vested in the President and shall be exercised by him directly or through officers subordinated to him in accordance with this Constitution.”

  12. 12.

    A 1980 SC 470.

  13. 13.

    A 1983 Kant. 85 (Para 18).

  14. 14.

    See the decision of the Allahabad High Court in Moti Lal vs. U.P., 1951 All.257 F.B.

  15. 15.

    See the decision of the Supreme Court of India in Maganbhai vs. Union of India, A.1969 SC 783 (789,807) and in Beubari Union, in re. A 1960 SC 845.

  16. 16.

    In reference to extradition, see the decision by the Supreme Court of India in Ali Akbar vs. U.A.R, A 1966, SC 230 (para 30).

  17. 17.

    See the decision of the Supreme Court of India in State of W.B. vs. Jugal, A 1969 SC 1171(para 6).

  18. 18.

    Civil Procedure Code, 1908 [CPC], Section 86: Suits against foreign Rulers, Ambassadors and Envoys. http://www.vakilno1.com/bareacts/CivilProcedure/Civil-Procedure-Code-1908.htm (accessed: 23 June 2009).

  19. 19.

    Indian Penal Code, 1860. http://www.vakilno1.com/bareacts/IndianPenalCode/indianpenalcode.htm (accessed: 23 June 2009).

  20. 20.

    Code of Criminal Procedure, 1973. http://www.vakilno1.com/bareacts/CrPc/Criminal-Procedure-Code-1973.htm (accessed: 23 June 2009).

  21. 21.

    The Passport Act, 1967. http://meaindia.nic.in/actsadm/30aa16.pdf (accessed: 23 June 2009).

  22. 22.

    Constitution of India, Part XI, Relations Between the Union and the States: “Article 253: Legislation for giving effect to international agreements: Notwithstanding anything in the foregoing provisions of this chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.”

  23. 23.

    The Rescue Agreement, op. cit., supra note 7, Articles I and II.

  24. 24.

    It may be noted that on 22nd October 2008, India launched its first un-manned mission to the Moon, the Chandrayaan-1 spacecraft for conducting mineralogical and chemical mapping of the surface of the Moon. This is India’s first mission that has gone beyond the Earth’s orbit. This evidences India’s intention to explore deep space thus dramatically expanding its original mission of using space technology for the economic development of the country. ISRO has also declared the undertaking of a manned mission to the Moon by 2020. For details, see: “PSLV-C11 Successfully Launches Chandrayaan-1,” October 22, 2008,  http://www.isro.org/pressrelease/Oct22_2008.htm (accessed: 23 June 2009); “India Can Send Manned Mission to Moon By 2020,”Ahmedabad, India (SPX) December 01, 2008, http://www.moondaily.com/reports/India_Can_Send_Manned_Mission_To_Moon_By_2020_999.html (accessed: 23 June 2009).

  25. 25.

    See the decision of the Allahabad High Court in Moti Lal vs. U.P., 1951 All.257 F.B.

  26. 26.

    Convention for the Unification of certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 (hereinafter referred to as the Warsaw Convention).

  27. 27.

    Protocol to Amend the Convention for the Unification of certain Rules Relating to International Carriage by Air at Warsaw on 12 October 1929, done at The Hague, 28 October 1955: ICAO Doc.7632 (hereinafter referred to as the Hague Protocol).

  28. 28.

    Carriage by Air Act, 1972 (69 of 1972, repealing the Act of 1934). http://www.dgca.nic.in/nat_conv/NatConv_Chap7.pdf (accessed: 23 June 2009).

  29. 29.

    In 2007 the Government of India merged the two airlines to create the National Aviation Company Limited. Recently national airlines have also been granted permission to fly international routes and are consequently bound by international liability clause in the Carriage by Air Act, 1972.

  30. 30.

    The provision relating to liability in international civil aviation under the Warsaw System has been replaced by the 1999 Montreal Convention with effect from November 2004 in respect to those countries which have ratified it. An important feature of the 1999 Montreal Convention is that it has enhanced the pecuniary limit for absolute liability to 100,000 SDRs.

  31. 31.

    The Liability Convention, Articles I and II, op. cit., supra note 7. According to Article I (c) of the Convention the term “launching state” means: “(i) a state which launches or procures the launching of a space object; (ii) a state from whose territory or facility a space object is launched.”

  32. 32.

    The Outer Space Treaty, Articles VI and VII, op. cit., supra note 7.

  33. 33.

    The Warsaw Convention, Article 17, op. cit., supra note 26.

  34. 34.

    The Warsaw Convention, Article 18, op. cit., supra note 26.

  35. 35.

    The Warsaw Convention, Article 19, op. cit., supra note 26.

  36. 36.

    The Liability Convention, Article II, op. cit., supra note 7. However, there are some exceptions to this rule wherein no liability is fixed on the launching state.

  37. 37.

    The Warsaw Convention, Articles 20 and 21, op. cit., supra note 26; The Liability Convention, Article VI, op. cit., supra note 7.

  38. 38.

    The Warsaw Convention, Article 22, op. cit., supra note 26. It was later enhanced by the Hague Protocol op. cit., supra note 27.

  39. 39.

    The Warsaw Convention, Article 25, op. cit., supra note 26.

  40. 40.

    The Hague Protocol, Article XIII, op. cit., supra note 27. The Hague Protocol 1955 removed the ceiling imposed by Warsaw in respect to fault based liability.

  41. 41.

    The Liability Convention, Article III, op. cit., supra note 7.

  42. 42.

    49 USC Chapter 701: as amended by the “Commercial Space Launch Amendments Act of 2004” (2004 H.R. 5382; 108 H.R. 5382).

  43. 43.

    Act No. 123 of 1998, as amended.

  44. 44.

    See, “Indian Space Agency Set For First Commercial Launch Of Foreign Satellite”, Bangalore, India (AFP) Apr 12, 2007; http://www.space-travel.com/reports/Indian_Space_Agency_Set_For_First_Commercial_Launch_Of_Foreign_Satellite_999.html (accessed: 23 June 2009). Also see infra notes 45 and 46.

  45. 45.

    See generally, “PSLV Successfully Launches Four Satellites,” ISRO Press Release, January 10, 2007,  http://www.isro.org/pressrelease/Jan10_2007a.htm (accessed: 23 June 2009); “PSLV Successfully Launches Italian Satellite”, ISRO Press Release, April 23, 2007, This launch was unique as it “was the first major commercial launch the contract for which was won against stiff international competition”: http://www.isro.org/pressrelease/Apr23_2007.htm (accessed: 23 June 2009). The first three missions of the GSLV were successful, though the fourth launch failed to place INSAT-4C satellite into Geo-synchronous Transfer Orbit: “GSLV-F02 Failure Analysis Committee Report”, ISRO Press Release, September 6, 2006, http://www.isro.org/pressrelease/Sep06_2006.htm (accessed: 23 June 2009).

  46. 46.

    According to the Chairman of ISRO, a “launch on [India’s] GSLV–Mark 3 should cost about half the rate charged by France, the US, and Russia”: Anil Ananthaswamy, “India special: Space programme presses ahead,” NewScientist.com news service, 19 February 2005; http://www.newscientist.com/article/mg18524871.000-india-special-space-programme-presses-ahead.html?full=true (accessed: 23 June 2009).With the launch of Israel’s satellite (TECSAR) in January 2008 under a commercial contract worth generally reported price-tag of only US$ 11 million, India has indicated that it could offer launch services on competitive prices. See “India launches Israeli satellite in boost to space business”, January 20, 2008; http://afp.google.com/article/ALeqM5hGXH2TJse5NQXl4HPtrID3ojhb6w (accessed: 23 June 2009). The latest commercial launch by India has set the world record when on 28th April 2008 a single launch mission successfully launched ten satellites, including eight nano satellites of customers from Canada, Denmark, Germany, Japan and the Netherlands. See “India launches 10 satellites in a day”, April 28, 2008, http://in.reuters.com/article/domesticNews/idINDEL31091920080428 (accessed: 23 June 2009).

  47. 47.

    For example, Law of Contracts, Tort, Intellectual Property Rights, etc.

  48. 48.

    See, op. cit., infra notes 50 and 51.

  49. 49.

    Hindu Business Line, Pact signed for India’s first private satellite, http://www.thehindubusinessline.com/2002/03/21/stories/2002032102730300.htm, 20th March 2002 (accessed: 23 June 2009).

  50. 50.

    http://www.isro.org/pressrelease/Jan12_2000.htm (accessed: 23 June 2009).

  51. 51.

    http://www.isro.org/pressrelease/May08_2000.htm (accessed: 23 June 2009).

  52. 52.

    For details see, Ministry of External Affairs, Government of India, “India’s System of Controls over Exports of Strategic Goods and Technology”, 2004; http://mea.gov.in/disarmament/01da02.htm (accessed: 23 June 2009); Chairman’s report (Final), “Third Meeting of the CSCAP Export Controls Experts Group,” Tokyo, Japan, February 9–10, 2007; http://www.cscap.ca/Export%20Controls%20-%203rd%20Meeting%20-%20Report.doc (accessed: 23 June 2009); Ziad Haider and Souvik Saha, “Analysis of India and Pakistan’s Export Control Laws,” http://www.stimson.org/southasia/?SN=SA20050713866 (accessed: 23 June 2009); “India’s Export Controls”, http://www.idsa.in/BTWC/IndiaExportControls051206.htm (accessed: 15 January 2007); Seema Gahlaut and Anupam Srivastava, Nonproliferation: Export Controls in India-UPDATE 2005, Center for International Trade and Security, University of Georgia, June 2005, http://www.uga.edu/cits/documents/pdf/CITS%20India%20WV.pdf (accessed: 23 June 2009).

  53. 53.

    No. 21 of 2005, printed in The Gazette of India Extraordinary, Part II, 6 June 2005, p.1 et seq. The text of the Act is available at: http://meaindia.nic.in/disarmament/07da01.pdf (accessed: 23 June 2009). Also see, Weapons of Mass Destruction and their Delivery Systems: Appointment of Advisory Committee and their Powers and Duties Rules, adopted on 17 November 2006. http://mea.gov.in/actsadm/30aa09.pdf (accessed: 23 June 2009).

  54. 54.

    United Nations Security Council, document no. S/RES/1540 (2004) of 28 April 2004.

  55. 55.

    Chairman’s report (Final), “Third Meeting of the CSCAP Export Controls Experts Group,” Tokyo, Japan, February 9–10, 2007, http://www.cscap.ca/Export%20Controls%20-%203rd%20Meeting%20-%20Report.doc (accessed: 23 June 2007).

  56. 56.

    Nuclear Suppliers Group (NSG) was founded in 1974 in response to the nuclear test conducted by India. The immediate fallout was that economic sanctions were imposed against India. Furthermore, the U.S. encouraged the formation of the NSG as a multinational body concerned with reducing nuclear proliferation by controlling the export and re-transfer of materials that may be applicable to nuclear weapon development and by improving safeguards and protection on existing materials. Presently NSG has 45 members which had initially started with the seven nuclear weapons states. In terms of the NSG Guidelines, only those countries which had signed the Nuclear Non-Proliferation Treaty (hereinafter referred to as NPT) could engage in nuclear trade with the NSG member states. Consequent to its refusal to sign the NPT, which it saw as a discriminatory regime, resulted India continuing under sanctions and effective boycott by the NSG. However, in July 2006, the U.S. Congress allowed U.S. laws to be amended to accommodate civilian nuclear trade with India. Encouraged by U.S. support, in September 2008 the NSG members agreed to grant India a “clean waiver” from its existing rules, which forbid nuclear trade with a country which has not signed the NPT. For details, visit: http://www.nuclearsuppliersgroup.org (accessed: 23 June 2009).

  57. 57.

    Missile Technology Control Regime (MTCR) is an informal and voluntary partnership among 34 countries to prevent the proliferation of missile technology established in April 1987 by Canada, France, Germany, Italy, Japan, Great Britain, and the United States. The MTCR was created in order to curb the spread of unmanned delivery systems for nuclear weapons, specifically delivery systems that could carry a minimum payload of 500 kg a minimum of 300 km. At the annual meeting in Oslo in July 1992 it was agreed to expand the scope of the MTCR to include all weapons of mass destruction, making the payload/range threshold much less rigid than the original 500 kg/300 km. Prohibited materials are divided into two Categories, which are outlined in the MTCR Equipment, Software, and Technology Annex. In 2002, the MTCR was supplemented by the International Code of Conduct against Ballistic Missile Proliferation (ICOC), also known as the Hague Code of Conduct, which calls for restraint and care in the proliferation of unmanned delivery systems, regardless of range or payload, and has 119 members, thus working parallel to the MTCR with broader restrictions and a greater membership. Since its establishment, the MTCR has been successful in helping to slow or stop several ballistic missile programs. India is not a signatory to the MTCR. For details, visit: http://www.mtcr.info/english/index.html (accessed: 23 June 2009).

  58. 58.

    See op.cit., supra note 55.

  59. 59.

    See Schedule 2 to Appendix 3 of the Indian Tariff Classification (Harmonized System) – ITC (HS) Classifications of Export and Import Items, 2002–2007; Directorate General of Foreign Trade, Ministry of Commerce and Industry, Government of India. SCOMET Guidelines: http://dgftcom.nic.in/ (accessed: 23 June 2009).

  60. 60.

    Ministry of Information and Broadcasting, Guidelines for Obtaining License for Providing Direct-To-Home (DTH) Broadcasting Service In India, as amended by Order (no. 8/12/2006-BP&L) dated 10.09.2007 in Guidelines of DTH Service: http://www.indiantelevision.com/dth/dthreg.htm (accessed: 20 December 2007).

  61. 61.

    The text of the Act is available at: http://www.dot.gov.in/Acts/acts.htm (accessed: 23 June 2009).

  62. 62.

    The text of the Act is available at: http://www.dot.gov.in/Acts/acts.htm (accessed: 23 June 2009).

  63. 63.

    http://pib.nic.in/archieve/lreleng/l0399/r300399.html (accessed: 23 June 2009).

  64. 64.

    Telecom Regulatory Authority of India (TRAI) Act (24 of 1997). The text of the Act is available at http://www.dot.gov.in/Acts/traiact.htm (accessed: 23 June 2009). This Act has been amended by the Telecom Regulatory Authority of India (Amendment) Ordinance, 2000 (no. 2 of 2000), the text of which is available at http://www.dot.gov.in/Acts/TRAI_amendment_ACT.pdf (accessed: 23 June 2009).

  65. 65.

    The mission of the TRAI is “to ensure that the interests of consumers are protected and at the same time to nurture conditions for growth of telecommunications, broadcasting and cable services in a manner and at a pace which will enable India to play a leading role in the emerging global information society”: http://www.trai.gov.in/Default.asp (accessed: 23 June 2009).

  66. 66.

    National Telecom Policy 1994. http://www.dot.gov.in/ntp/ntp1994.htm (accessed: 23 June 2009). National Telecom Policy 1994 was a broad statement of objectives to bring into focus the requirement for promoting development of telecommunications in India through private participation. However, the implementation of the NTP ’94 was unsatisfactory chiefly because of the unrealistically high fixed license fees imposed and the absence of an independent regulator.

  67. 67.

    Addendum to the New Telecom Policy -1999, OM No.808-26/2003-VAS dated 11th November, 2003. http://www.dot.gov.in/ntp/Addendum%20to%20NTP-99_11-11-03.pdf (accessed: 23 June 2009).

  68. 68.

    Reform of the broadcasting sector was first attempted when the Parliament passed the 1990 Prasar Bharti (Broadcasting Corporation of India) Act with the view to free broadcasting from excessive government control by creating an autonomous Broadcasting Corporation called Prasar Bharati to perform the role of a Public Service Broadcaster and to ensure a balanced and fair growth in the media sector. However, in the absence of Notification in the Gazette of India the Act could not be brought into force until 1997. Until then the Ministry of Information and Broadcasting which had monopoly over terrestrial broadcasting operated the main broadcasting services, radio services through the All India Radio and television services through the Doordarshan. These functions are now carried out by Prasar Bharti, which continues to hold monopoly over terrestrial broadcasting. For details, visit: http://www.ddindia.gov.in/ (accessed: 23 June 2009).

  69. 69.

    This company is owned by Rupert Murdoch.

  70. 70.

    Zee Television Limited is an Indian company owned by Subhas Chandra.

  71. 71.

    See, A Snap Shot of Indian Television History. http://www.indiantelevision.com/indianbrodcast/history/historyoftele.htm (accessed: 23 June 2009); Ashish Sinha, “You might soon have 500 TV channels”, 12 December 2008,  http://www.rediff.com/money/2008/dec/12you-might-soon-have-500-tv-channels.htm (23 June 2009); Devi Prasad Mahapatra, “Booming: Television News Channels in India”, http://ezinearticles.com/?Booming:-Television-News-Channels-in-India&id=83168 (accessed: 23 June 2009).

  72. 72.

    Piyush Joshi, Law Relating to Infrastructure Projects, LexisNexis Butterworths, 2003, 387–480.

  73. 73.

    No.7 of 1995. The text of the Act is available at: http://tdsat.nic.in/books/THE520CABLE%20TELEVISION%20NETWORKS%20(Regulation)%20Act.doc (accessed: 23 June 2009).

  74. 74.

    See op. cit., supra note 51.

  75. 75.

    Ibid.

  76. 76.

    As established by Indian Telegraph Act, 1885 (13 of 1885) and Indian Wireless Telegraphy Act, 1933, op. cit., supra notes 61 and 62.

  77. 77.

    See, “Raja: Marked rise in urban teledensity in India,” The Hindu, 17 December 2008, http://www.hindu.com/2008/10/17/stories/2008101757601200.htm (accessed: 23 June 2009); Department of Telecommunications, Annual Report 2007-2008, p.ii. http://www.dot.gov.in/annualreport (accessed: 23 June 2009).

  78. 78.

    See op. cit., supra notes 50 and 51.

  79. 79.

    The Department of Telecommunications (DoT) is part of the Ministry of Communications, Government of India, New Delhi. For details, visit: http://www.dot.gov.in (accessed: 23 June 2009).

  80. 80.

    See op. cit., supra notes 50 and 51.

  81. 81.

    The Standing Advisory Committee on Frequency Allocation (SACFA) is part of the Department of Telecommunications in the Ministry of Communications which coordinates matters pertaining to frequency allocations and related issues. For details, visit: http://74.125.95.132/search?q=cache:DSyD_Fww0MQJ:210.212.79.13/+Standing+Advisory+Committee+on+Frequency+Allocation+of+DEpartment+of+Telecommunications&cd=2&hl=en&ct=clnk&gl=ca (accessed: 23 June 2009).

  82. 82.

    A geographical area for which DoT issues license and within which a service provider is permitted to provide is called a Telecom Circle. There are 18 Telecom Circles, in addition to the four metro cities of Delhi, Mumbai, Kolkatta and Chennai. http://india.mapsofindia.com/transportation/telecom-backbone-of-india.html (accessed: 23 June 2009).

  83. 83.

    See op. cit., supra notes 50 and 51.

  84. 84.

    Ibid.

  85. 85.

    Addendum to the New Telecom Policy -1999, op. cit., supra note 67.

  86. 86.

    The text of the Policy is available at: http://www.dot.gov.in/ntp/broadbandpolicy2004.htm (accessed: 23 June 2009). There was a minor amendment to this Policy, see http://dot.gov.in/ntp/broadbandpolicyamend2004.htm (accessed: 23 June 2009).

  87. 87.

    Piyush Joshi, op. cit., supra note 72.

  88. 88.

    Ministry of Communications and Information Technology, Department of Telecommunications, Guidelines for merger of licences in a service area, 21st February 2004. http://www.dot.gov.in/uas/Final%20Merger%20OM%2020-232-04(21.2.04)1.doc (accessed: 23 June 2009) (hereinafter referred to as Merged License).

  89. 89.

    Ibid.

  90. 90.

    Ibid. Para 3.

  91. 91.

    Ibid.

  92. 92.

    Ibid. Refer to Memorandum dated 17th March 2004.

  93. 93.

    Telecom Truce: The run-up to the untangling of the telecom wires. http://www.capitalmarket.com/CMEdit/SFArtDis.asp?SFSNO=468&SFESNO=28 (accessed: 23 June 2009).

  94. 94.

    Ministry of Communications and Information Technology, Department of Telecommunications, Cellular Mobile Telephone Service. http://www.dot.gov.in/cmts/cmtsindex.htm (accessed: 23 June 2009).

  95. 95.

    PIB Press Release, 22 April 2008. http://www.dot.gov.in/as/2008/M%A%20Guidelines%20issued%20on%2022-4-2008.pdf (accessed: 23 June 2009). Also see, “Government revises merger norms for telecom licensees,” 22 April 2008. http://www.domain-b.com/economy/general/20080422_government.html (accessed: 23 June 2009).

  96. 96.

    Ministry of Information and Broadcasting, Guidelines for Up-linking from India, (File No: 1501/2/2002-TV (I) (Pt.) of 2 December 2005; http://www.scatmag.com/govt%20policies/GUIDELINES%20FOR%20UPLINKING%20FROM%20INDIA.doc (accessed: 23 June 2009).

  97. 97.

    The Guidelines are available at: http://us.indiantelevision.com/dth/dthreg.htm (accessed: 23 June 2009). The Guidelines have been amended by Order No.  8/3/2004-BP&L of 01/06/2005; Order of 11 May 2006; Order of 31 July, 2006; and Order of 10 September 2007. On 30 January 2008, the TRAI has recommended some improvements to these Guidelines. http://www.trai.gov.in/trai/upload/PressReleases/540/recom30jan08.pdf (accessed: 23 June 2009).

  98. 98.

    The Guidelines, ibid., Section (iii).

  99. 99.

    Ibid. Schedule To Form – B Terms And Conditions To The Guidelines, Article 1.2.

  100. 100.

    Ibid. Schedule To Form – B Terms And Conditions To The Guidelines, Article 9.

  101. 101.

    The Ministry of Information and Broadcasting, “Programme and Advertising Codes.” See at: http://www.mib.nic.in/ShowContent.aspx?uid1=2&uid2=83&uid3=0&uid4=0&uid5=0&uid6=0&uid7=0 (23 June 2009). Also see, The Advertising Standards Council Of India, “Self-Regulation Guidelines for the Broadcasting” 2008. http://74.125.95.132/search?q=cache:Q6Gtns1WingJ:mib.gov.in/informationb/CODES/ContentCode100308.pdf+Self-Regulation+Guidelines+for+the+Broadcasting+Sector&cd=4&hl=en&ct=clnk&gl=ca (accessed: 23 June 2009).

  102. 102.

    “Details of Orders/Warnings/Advisories issued to Private TV Channels for Violation of Programme or Advertising Code.” See at: http://www.mib.nic.in/ShowContent.aspx?uid1=2&uid2=83&uid3=0&uid4=0&uid5=0&uid6=0&uid7=0 (accessed: 23 June 2009).

  103. 103.

    Cable Television Networks (Regulation) Act, 1995, Sections 5 and 6. See at: http://www.mib.nic.in/ShowContent.aspx?uid1=7&uid2=47&uid3=0&uid4=0&uid5=0&uid6=0&uid7=0 (accessed: 23 June 2009).

  104. 104.

    Section 6.6 of Ammendment/Addition to DTH guidelines vide order No.  8/3/2004-BP&L, dated 1st June, 2005. http://www.mib.nic.in/informationb/CODES/frames.htm (accessed: 23 July 2008).

  105. 105.

    Ibid.

  106. 106.

    Ibid.

  107. 107.

    The 2004 Broadband Policy, op. cit., supra note 86.

  108. 108.

    Broad Guidelines for Issue of License for Commercial VSAT Service Providers and Captive VSAT Service, July 2007. http://www.dot.gov.in/vsat/Guideline%20for%20VSAT%20licenses%20,%20July%20%202007.pdf (accessed: 23 June 2009)

  109. 109.

    New Telecom Policy 1999, op. cit., supra note 4. Also see GMPCS Guidelines: http://www.dot.gov.in/gmpcs/GMPCS_guidelines_application.pdf (accessed: 23 June 2009).

  110. 110.

    For a detailed analysis of these Principles, see Ram Jakhu, “International Law Regarding the Acquisition and Dissemination of Satellite Imagery,” 29 (1 and 2) Journal of Space Law,65 (2003).

  111. 111.

    “Commercial Remote Sensing Satellite Market Stabilizing,” May 30, 2006, http://www.spacedaily.com/reports/Commercial_Remote_Sensing_Satellite_Market_Stabilizing.html (accessed: 23 June 2009).

  112. 112.

    Government of India: Department of Space, Annual Report 2005–2006, “Earth Observation System,” http://www.isro.org/rep2006/EOS%20System.htm (accessed: 23 June 2009).

  113. 113.

    International Ground Station (IGS) are: Alaska, USA (Space Imaging), China, Germany (Euromap/GAF), Iran, Mobile stations (3), Moscow, Russia (R & D Center ScanEx), Myanmar, Norman(USA) (Space Imaging), Taiwan, San Diego(USA), Louisiana(USA), USA(Rutgers), Malaysia, and Wisconsin (USA). http://www.antrix.gov.in/main/igs.html (accessed: 23 June 2009).

  114. 114.

    See, “Space Imaging Offers Online Shopping Cart At Last”, Denver – January 30, 2003. http://www.spacedaily.com/news/eo-03 f.html (accessed: 23 June 2009).

  115. 115.

    For details, see Ram Jakhu, op. cit., supra note 110.

  116. 116.

    ISRO, Remote Sensing Data Policy (EOS: Policy-01:2001), the text of which is available at http://www.isro.org/Announcement-opportunity/rdsp.pdf (accessed: 23 June 2009).

  117. 117.

    Ibid.

  118. 118.

    K.S. Jayaraman, “India, U.S. Firm Agree to Sale of 1-Meter Imagery”, Space News, 17 July 2000, 1. According to Antrix, “This is a security requirement even for the 5.8-meter resolution imagery from India’s own remote sensing satellites.” Ibid.

  119. 119.

    Dinesh C. Sharma, “Indian president warns against Google Earth”, October 17, 2005. http://news.com.com/Indian+president+warns+against+Google+Earth/2100-1028_3-5896888.html?tag=nefd.top (accessed: 23 June 2009).

  120. 120.

    “India Takes Evasive Action Against Google Earth,” New Delhi (AFP) April 4, 2006, http://www.spacewar.com/reports/India_Takes_Evasive_Action_Against_Google_Earth.html (accessed: 23 June 2009). For a detailed discussion of this issue, see Ram Jakhu, “Comments on K R S Murthi’s Discussion Paper on ‘Asia’s Role in Remote Sensing and Legal Aspects of Access to High-Resolution Satellite Imagery’ ”, in Proceeding of the Conference on Asian Cooperation in Space Activities: A Common Approach to Legal Matters, held on 1–4 August 2006, in Bangkok, Thailand, 2007, (un-paginated).

  121. 121.

    “Enact Space Law To Govern Use Of Remote Sensing Data”, New Delhi, November 23, 2006. http://www.spacemart.com/reports/Enact_Space_Law_To_Govern_Use_Of_Remote_Sensing_Data_999.html (accessed: 24 November 2007).

  122. 122.

    K R S Murthi “ ‘Asia’s Role in Remote Sensing and Legal Aspects of Access to High-Resolution Satellite Imagery’ ”, in Proceeding of the Conference on Asian Cooperation in Space Activities: A Common Approach to Legal Matters, held on 1–4 August 2006, in Bangkok, Thailand, 2007, (un-paginated).

  123. 123.

    “ISRO awards GAGAN project contract to America’s Raytheon”, 22 November 2004; http://www.gisdevelopment.net/news/viewn.asp?id=GIS:N_ghfpqvmjax (accessed: 23 June 2009). For more details, see Balaji Reddy, “ISRO opens the door for unprecedented cooperation between India and America in Space exploration,” November 22, 2004; http://www.indiadaily.com/editorial/11-22c-04.asp (accessed: 23 June 2009); “NovAtel Inc. Awarded Contract for SBAS Equipment for Indian GAGAN Program,” Business Wire, March 8, 2005; http://findarticles.com/p/articles/mi_m0EIN/is_2005_March_8/ai_n12413531 (accessed: 23 June 2009); “Raytheon Eyes India’s Global Navigation System For ISRO, AAI,” New Delhi, India (PTI) August 19, 2008; http://www.gpsdaily.com/reports/Raytheon_Eyes_India_Global_Navigation_System_For_ISRO_AAI_999.html (accessed: 23 June 2009).

  124. 124.

    “India to develop its version of GPS,” 27 September 2007; http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070027489&ch=9/27/2007%205:56:00%20PM (accessed: 23 June 2009).

  125. 125.

    GLONASS Summary, http://www.spaceandtech.com/spacedata/constellations/glonass_consum.shtml (accessed: 29 July 2008). Also see, http://www.glonass-ianc.rsa.ru/pls/htmldb/f?p=202:20:16181415617897824892::NO (accessed: 23 June 2009).

  126. 126.

    “Putin Clears Space Pact With India,” Moscow, November 07, 2006. http://www.spacedaily.com/reports/Putin_Clears_Space_Pact_With_India_999.html (accessed: 23 June 2009). Also see “India, Russia To Build Navigational Satellite Project,” New Delhi, December 03, 2004, http://www.spacedaily.com/news/india-04s.html (accessed: 23 June 2009).

  127. 127.

    See generally, The GALILEO family is further expanding: EU and India seal their agreement, Brussels, 7 September 2005. http://europa.eu/rapid/pressReleasesAction.do?reference=IP/05/1105&format=HTML&aged=0&language=EN&guiLanguage=fr (accessed: 23 June 2009); “India to invest in Galileo satellite project: EU,” BRUSSELS (AFP) October 30, 2003; http://www.spacedaily.com/2003/031030141843.79tqo71o.html (accessed: 23 June 2009).

  128. 128.

    Convention on International Civil Aviation, December 7, 1944, ICAO Doc 7300. http://www.icao.int/cgi/goto_m.pl?/icaonet/dcs/7300.html (accessed: 23 June 2009).

  129. 129.

    International Civil Aviation Organization, a specialized UN Agency, is located in Montreal, Canada. http://www.icao.int/index.html (accessed: 23 June 2009).

  130. 130.

    A. Kotaite, “Sovereignty Under Great Pressure to Accommodate Growing Need for Global Cooperation”, December 1995, 50:10, ICAO Journal, 21.

  131. 131.

    ICAO, Global Air Navigation Plan, 2007, C-4, para 1.16. http://www.icao.int/icao/en/anb/meetings/perf2007/9750%20Global%20Plan,%20final%20unedited%20draft%20.pdf (accessed: 23 June 2009).

  132. 132.

    Michael Milde, “Solutions in Search of a Problem, Legal Problems of the GNSS,” in Michael Milde and Paul Dempsey (ed.), Public International Air Law, Vol. II ( Fall 2003), Institute of Air & Space Law, McGill University, Montreal, Canada.

  133. 133.

    The Airports Authority of India Act, 1994 (NO. 55 OF 1994) as amended by the Airports Authority of India (Amendment) Act, 2003, (hereinafter referred to as AAI Act or the Act). The Object of the Act, as mentioned in its preamble, is “to provide for the constitution of the Airports Authority of India and for the transfer and vesting of the undertakings of the International Airports Authority of India and the National Airports Authority to and in the Airports Authority of India so constituted for the better administration and cohesive management of airports and civil enclaves where at air transport services are operated or are intended to be operated and of all aeronautical communication stations for the purposes of establishing or assisting in the establishment of airports and for matters connected therewith or incidental thereto.” (emphasis added).

  134. 134.

    Ibid. Section 33.

  135. 135.

    Francis P. Shubert, “An International Convention on GNSS Liability: When does it become desirable?,” in Michael Milde and Paul Dempsey (ed.), Public International Air Law, Vol. II ( Fall 2003), Institute of Air and Space Law, McGill University, Montreal, Canada, 213.

  136. 136.

    U.S.C. 1346(b), 2671–2680 (1988).

  137. 137.

    Ibid. Also see, J Epstein, “Global Positioning Systems (GPS): Defining the Legal Issues of its Expanding Civil Use,” (1995) 61, Journal of Air Law and Commerce, 1 at 243–286.

  138. 138.

    Ibid. It should be noted that India submitted a Working Paper at the ICAO 36th General Assembly on the subject of evolution of regional guidelines for GNSS. In this paper, the present legal regime that governs Airports Authority of India, the national the air navigation service is also stated. The WP is available at http://www.icao.int/icao/en/assembl/a36/wp/wp134_en.pdf (accessed: 23 June 2009).

  139. 139.

    The Airports Authority of India Act, 1994, op. cit., supra note 133, Section 12.

  140. 140.

    The term “Flight Information Region” (“FIR”) is used to describe airspace with specific dimensions, in which an Information Service and an alerting service are provided. Any portion of the atmosphere belongs to some specific FIR. Smaller countries’ airspace is encompassed by a single FIR, larger countries’ airspace is subdivided into a number of regional FIR. Some FIR may encompass the territorial airspace of several countries. Oceanic airspace is divided into Oceanic Information Regions and delegated to a controlling authority bordering that region. The division among authorities is done by international agreement through the ICAO. There is no standard size for FIR, it is a matter for administrative convenience of the country concerned. In some cases there may exist a horizontal division of the FIR, in which case the lower portion remains named as such, whereas the airspace above is named Upper Information Region, or UIR.

  141. 141.

    Airports Authority of India Act, 1994, op. cit., supra note 133, Section 22 (b) empowers AAI, inter alia, “to charge fees/rent etc for providing air traffic services, ground safety services, aeronautical communications and navigational aids and metrological services at any airports and at any aeronautical communication station.”

  142. 142.

    Ibid. Section 33.

  143. 143.

    Act 68 of 1986. The text of the Act is available at: http://www.vakilno1.com/bareacts/consumerprotectionact/consumerprotectionact.htm (accessed: 23 June 2009).

  144. 144.

    Ibid. Section 3.

  145. 145.

    India has ratified only the Warsaw Convention, 1929 and the Hague Protocol, 1955, op. cit., supra notes 26 and 27. The Carriage by Air Act, 1972, harmonizes the said international treaties in Schedule I and Schedule II respectively.

  146. 146.

    2004 (3) CPJ 106 (National Commission).

  147. 147.

    The text of the Act is available at: http://copyright.gov.in/maincpract.asp (accessed: 23 June 2009). The Copyright Act was amended in 1994 by the Indian Copyright (Amendment) Act in order to bring computer programs within its ambit. The provisions of the Copyright Act is supplemented by the Copyright Rules promulgated in 1958 and are available at: http://copyright.gov.in/CopyrightRules1958.pdf (23 June 2009)

  148. 148.

    The Information Technology Act, 2000, was enacted to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”, which involves the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers’ Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto. http://www.vakilno1.com/bareacts/informationtechnologyact/informationtechnologyact.htm (accessed: 23 June 2009).

  149. 149.

    The Personal Data Protection Bill, 2006, provides for the protection of personal data and information of an individual collected for a particular purpose by one organization, and to prevent its usage by other organization for commercial or other purposes and entitle the individual to claim compensation or damages due to disclosure of personal data or information of any individual without his consent and for matters connected therewith or incidental thereto. http://rajyasabha.nic.in/bills-ls-rs/2006/XCI_2006.pdf (accessed: 23 June 2009).

  150. 150.

    ISRO, “Space-Industry Partnership.” http://www.isro.org/rep2008/citizens.htm (accessed: 23 June 2009).

  151. 151.

    Ibid.

  152. 152.

    The General Agreement on Tariffs and Trade (GATT) was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). The GATT’s main objective has been the reduction of barriers to international trade. This was achieved through the reduction of tariff barriers, quantitative restrictions and subsidies on trade through a series of agreements. The GATT was a treaty, not an organization. The functions of the GATT were taken over by the World Trade Organization which was established during the final round of negotiations in early 1990s. For details, visit: http://www.wto.int/english/docs_e/legal_e/index_g_e.htm (accessed: 23 June 2009).

  153. 153.

    The objective of Agreement on Technical Barriers to Trade is “to ensure that technical negotiations and standards, as well as testing and certification procedures, do not create unnecessary obstacles to trade.” The text of the Agreement is available at: http://www.wto.int/english/docs_e/legal_e/17-tbt_e.htm (accessed: 23 June 2009).

  154. 154.

    General Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) sets down minimum standards for many forms of intellectual property (IP) regulation. Specifically, TRIPS contains requirements that nations’ laws must meet for: copyright rights, including the rights of performers, producers of sound recordings and broadcasting organizations; geographical indications, including appellations of origin; industrial designs; integrated circuit layout-designs; patents; monopolies for the developers of new plant varieties; trademarks; trade dress; and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. The TRIPS introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date. The text of the Agreement is available at: http://www.wto.int/english/docs_e/legal_e/27-trips_01_e.htm (accessed: 23 June 2009).

  155. 155.

    General Agreement on Trade Related Investment Measures (TRIM) is applied by a country to foreign investors, often as part of an industrial policy. Policies such as local content requirements and trade balancing rules that have traditionally been used to both promote the interests of domestic industries and combat restrictive business practices are now banned. It is one of the four principal legal agreements of the WTO trade treaty. TRIMs restrict preference of domestic firms and thereby enable international firms to operate more easily within foreign markets. The text of the Agreement is available at: http://www.wto.int/english/docs_e/legal_e/18-trims_e.htm (accessed: 23 June 2009).

  156. 156.

    Agreement on Government Procurement. The text of the Agreement is available at: http://www.wto.int/english/docs_e/legal_e/gpr-94_01_e.htm (accessed: 23 June 2009).

  157. 157.

    General Agreement on Trade in Services (GATS) extends the multilateral trading system to services, in the same way the GATT provides such a system for merchandise trade. All members of the WTO are signatories to the GATS. The basic WTO principle of most favoured nation (MFN) applies to GATS as well. The text of the Agreement is available at: http://www.wto.int/english/docs_e/legal_e/26-gats_01_e.htm (accessed: 23 June 2009).

  158. 158.

    Paris Convention, 1883 has been amended several times. The last amendment was in 1979. http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html (accessed: 23 June 2009).

  159. 159.

    Berne Convention, 1886, (as amended in 1979. http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html (accessed: 23 June 2009).

  160. 160.

    Madrid Agreement, 1891 (as amended). http://www.wipo.int/madrid/en/legal_texts/trtdocs_wo015.html (accessed: 23 June 2009).

  161. 161.

    International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention, 1961). http://www.wipo.int/treaties/en/ip/rome/trtdocs_wo024.html (accessed: 23 June 2009).

  162. 162.

    Treaty on Intellectual Property in Respect of Integrated Circuits (Done at Washington, D.C., on May 26, 1989, not in force yet). http://www.wipo.int/treaties/en/ip/washington/trtdocs_wo011.html (accessed: 23 June 2009).

  163. 163.

    India’s Exim Policy 2002–2007; http://exim.indiamart.com/indian-exim-policy/exim-policy-2002-07/contents.html (accessed: 23 June 2009).

  164. 164.

    http://exim.indiamart.com/act-regulations/customs-act-1962.html (accessed: 23 June 2009).

  165. 165.

    Ministry of Commerce, Directorate General of Foreign Trade, SCOMET Guidelines. http://dgftcom.nic.in/ (accessed: 23 June 2009).

  166. 166.

    Aman Hingorani, “U.S. Sanctions on Indo-Russian Rocket-Engine Deal, A subversion of the Missile Technology Control Regime,” 28(1) Journal of World Trade, 1994, pp. 59–76.

  167. 167.

    See generally, “Taiwan’s new satellite on its way,” 3 December 2003; http://www.gisdevelopment.net/news/viewn.asp?id=GIS:N_xubzlswd (accessed: 23 June 2009); “Taiwan Drops India to Launch ROCSAT 2 on Taurus”, http://www.spaceandtech.com/digest/flash2001/flash2001-045.shtml (accessed: 23 June 2009); Also see, “Taiwan To Launch Research Satellite To Take High-Resolution Photos,” Hsinchu (AFP) November 27, 2003. http://www.spacedaily.com/news/eo-03zzzzd.html (accessed: 23 June 2009).

  168. 168.

    CRS, US-India Bilateral Agreements in 2005, p. 8. http://fpc.state.gov/documents/organization/53616.pdf(accessed: 23 June 2009);Text of India-US joint statement (July 2005);http://www.bilaterals.org/article.php3?id_article=2464(accessed: 23 June 2009); “Statement by Prime Minister Atal Bihari Vajpayee Next Steps in Strategic Partnership with USA,” 13 January 2004.http://www.indianembassy.org/pic/pm/vajpayee/2004/pm_jan_13_2003.htm (accessed: 23 June 2009).“Indo-US Strategic Partnership”, 29 January 2004; http://www.indiaonestop.com/tradepartners/us/indousstrategicpartnership.html (23 June 2009).

  169. 169.

    See supra note 56.

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  1. Dua Associates, Advocates & Solicitors, New Delhi, India

    Ranjana Kaul

  2. McGill University, Montreal, QC, Canada

    Ram S. Jakhu

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    Ram S. Jakhu

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Kaul, R., Jakhu, R.S. (2010). Regulation of Space Activities in India. In: Jakhu, R. (eds) National Regulation of Space Activities. Space Regulations Library Series, vol 5. Springer, Dordrecht. https://doi.org/10.1007/978-90-481-9008-9_8

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