by Gerry Oberst

The International Telecommunication Union (ITU) is in the midst of a multi year World Summit on Information Society (WSIS), with a major conference planned in Tunisia next November. One of the hot topics is "Internet governance," which among other matters, deals with the institutional role of many entities including the ITU, to shape Internet policy and technology. This effort could affect the satellite industry in ways both large and small.

The global satellite industry has a certain amount of experience with the ITU’s management of international resources and global decisions. This experience should be informative in the current debates over Internet governance. Moreover, decisions that shape the Internet will have an inevitable impact on satellite systems, because satellites provide an important distribution infrastructure for the Internet. Finally, there may even be lessons to improve administration of the satellite sector coming out of this debate regarding the ITU’s role.

The issue of Internet governance was so controversial that it spawned a separate Working Group on Internet Governance (WGIG). Before this group was established, the ITU solicited consultation papers on how it should be set up, its structure, working methods and the scope of the work. A first WGIG meeting should occur by the end of 2004, with further consultations and meetings leading to a report in July 2005 to the United Nations Secretary General. That work will then feed into the main WSIS meeting at the end of 2005.

In some respects, there are parallels between the WSIS/WGIG and the ITU World Administrative Radio Conferences (WARC) on the use of geostationary satellite orbits in the summer of 1985 and fall of 1988. Then, as now, certain developing countries were dissatisfied with global procedures for gaining access to resources critical for economic development. The Space WARCs were concerned with notions of equitable access and the ITU process was accepted as a necessary part of the system. By contrast, today, there is discussion regarding whether the ITU even has a role in Internet governance.

The offshoot of the space WARCs were allotment plans that devoted certain orbital and frequency resources to each ITU member state, nevertheless leaving most orbital slots for a "first come, first served" approach. Throughout the years, that approach led to far too many filings with the ITU for the free resources, causing the so-called "paper satellite" glut. To resolve the problem, the ITU adopted filing fees, sometimes retroactively changing the amounts due and directing the resulting revenues to ITU coffers not always clearly identified. This experience in managing global resources could be relevant to the Internet crowd.

Part of the Internet crowd at the WSIS comes from "civil society," made up of non-governmental and non-business organizations, who complain that current Internet governance leaves it out. For example, these voices criticize the Internet Corporation for Assigned Names and Numbers (ICANN) and for not paying adequate attention to civil society participants. As one detailed consultation to the WGIG put it, however, "the mere fact that they are able to participate at all certainly places the [ICANN] steps ahead of, say, the ITU."

Major satellite operators typically have greater resources and access than civil society organizations, but even they periodically complain about lack of access to ITU decision making. If new measures from the WSIS/WGIG lead to expanded participation by outsiders, then the satellite sector perhaps can expand its seat at the table on decisions that affect it directly.

The same lessons might be applied for transparency in general. Non-governmental WGIG comments stress the need for complete openness in Internet governance. It is likely that satellite operators would value some of the same transparency in its sector as well.

On another WGIG topic, the United Nations Educational, Scientific and Cultural Organization (UNESCO) stressed this past September that the lack of government intervention coupled with self-governing private sector infrastructure has been a "key success" factor of the Internet. UNESCO warns against any efforts to impede the free flow of information on the Internet through greater government involvement.

UNESCO’s warning could assist the satellite sector, in particular the broadcasting and fixed satellite services that rely on distributing content. Various efforts have been mounted throughout the years at ITU radio conferences to restrict satellite broadcasting content through prior consent rules for coordination. The major emphasis on the empowering force of Internet information can likely be helpful in the future to the satellite industry when such efforts come up.

At the end of the day, the health and vitality of the Internet is critical to the satellite industry. The data networks and content that flow through the Net often travel over satellite links.

The satellite sector should pay very close attention to the debate over Internet governance, both because it affects major customers and because it could shape the future of all networks.

Gerry Oberst is a partner in the Brussels office of the Hogan & Hartson law firm.