Malaysia Space Act: A Catalyst for a Vibrant Space Industry

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Malaysia Space Act A Catalyst for a Vibrant
Space Industry
Azmi Hassan GeoStrategist Universiti Teknologi
Malaysia
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MALAYSIA AND SPACE ACTIVITIES
Its beyond the FAB/GANG 4 ........................
...
Or beyond the FAMOUS/SPECIAL one ..
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MALAYSIA SPACE INDUSTRY HEALTH
Malaysia participation into the space sector
starts on a very small scale in the early 1990s
and after two decades later the endeavour is
still considered at an infant stage. Our space
industry is closely related to the advancement of
the aerospace sector. The aerospace industry
sector is consisted of more than 120 companies
and by this number alone it is considered a
healthy business environment. But the aerospace
industry only contributed a paltry less than 2
percent to the Malaysia Gross Domestic Product
(GDP).
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MALAYSIA SPACE INDUSTRY HEALTH
South Korea participated in space development
only since the 1990s, the same time as Malaysia.
Despite its short history, Korea has been
increasing its technological capabilities with
the successful experience of several national
projects. The Korean government established a
long-term space development plan in 1996 and in
1998 established the Commercial Space Act, which
suggests a clear way forward for space
development up to 2015. Space activities in
Korea are expected to grow in the future and this
is partly due the space act that is very friendly
to the industry.
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MALAYSIA SPACE INDUSTRY HEALTH
The general perception is that aerospace industry
is more vibrant .
Downstream Industry gt 99 (RM28.63 billion)
Upstream Industry
Comparison of Revenue between Downstream and
Upstream
Navigation/Remote Sensing Sector
Telecommunication Sector gt 90
Comparison of Revenue in Downstream Space Industry
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THE NEED OF SPACE ACT FOR A VIBRANT INDUSTRY
There is no doubt that a space act can act as a
catalyst to a more vibrant space and aerospace
industries of any nations. The need for
national space legislation is seminal, especially
because our nation is increasingly looking to
privatize and commercialize space assets, expand
capability in space exploration and scientific
discovery, commercialize its capability to build
satellites and offer launch services from its
facilities. In view of this emerging
development, the author is guided by the belief
that national space act ought to be to legislated
for the purpose of creating clear and transparent
regulatory guidelines for domestic industry in
order to accelerate investment and to ensure the
growth and development in this capital intensive
- high return strategic sector.
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THE NEED OF SPACE ACT SPUR THE INDUSTRY
Legal and regulatory certainty and predictability
is required by commercial operators, and
potential investors, to encourage innovation and
attract investment into the industry. As the
commercial business case of a satellite operator
is based on a long lead time to market, long
operational satellite service lives of
approximately 15 years (commercial communications
satellites) and high upfront costs, regulatory
and pricing certainty is required for the length
of such period of time to give certainty and
security to potential investors.
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THE NEED OF SPACE ACT SPUR THE INDUSTRY
The non-existence of space regulatory framework
has resulted in existing satellite infrastructure
(that was built in good faith, based on
legitimate expectations and in compliance with a
terrestrial regulatory regime (MCMC for example)
being potentially limited in what should be the
profit-returning years of later life changes to
the regulatory framework having adversely
impacted the ongoing business case. Under
current commercial environment, Malaysia
satellite operators and service providers are
smaller in terms of market capitalization,
turnover etc. compared to its terrestrial fixed
and mobile operators. This affects their ability
to pay for spectrum access on a purely mass
market commercial model leading to possible
opportunity barriers for smaller companies and
new entrants.
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THE NEED OF SPACE ACT REGULATING POWERS
Among others the space act will confer licensing
and other powers on the Minister of Science,
Technology and Innovation acting through the
Malaysia National Space Agency (ANGKASA).
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ASIDE FOR THE SPACE INDUSTRY HEALTH
WTO and TPP Obligations Strategic Trade Bill Act
(2010) Missile Technology Control Regime
(MTCR) Proliferation Security Initiative (PSI
1996) Malaysia National Space Policy United
Nations Sanctioned Space Treaties Adhere Related
Existing Act National Security Requirements
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THE NEED OF SPACE ACT EXISTING LAW
To ensure that terrestrial uses do not take
priority over or unduly interfere with satellite
uses, efficient technical regulation (and
technology oriented licensing) and appropriate
derogations are required. The act should not
strive for greater flexibility in the use of
spectrum between satellite and terrestrial uses,
leaving it for the market to decide on the most
efficient use of spectrum.
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EXISTING LAWS/ACT
LightSquared Interfearance on GPS Signal
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THE NEED OF SPACE ACT INTERNATIONAL OBLIGATIONS
The rationale for Malaysia to establish national
space legislation embedded in treaty provisions
contained in the corpus of international law of
outer space is well known. Yet it would be
helpful to recall the specific provisions that
require such action by Malaysia that will
ratified the agreements in the future. It is on
the basis of those well endorsed principles that
the establishment of the national space act be
formatted, not just to fulfil treaty obligations
but because the state of development of space
activities and space industry in the country have
reached a level makes a compelling case for
legislative action. International law on outer
space is contained in five international
instruments adopted under the auspices of the
United Nations (UN) through the General
Assemblys Committee on Peaceful Uses of Outer
Space (COPUOS).
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MALAYSIA INTERNATIONAL OBLIGATIONS
The space act is the legal basis for the
regulation of activities in outer space carried
out by organizations or individuals established
in Malaysia. The Outer Space Treaty- Article VI
of the Outer Space Treaty provides that states
are internationally responsible for "national
activities in outer space", including cases where
these activities are "carried on by
non-governmental entities". This responsibility
pertains to "assuring that national activities
are carried out in conformity with the provisions
set forth in the present Treaty".
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MALAYSIA INTERNATIONAL OBLIGATIONS
Article VII of the Outer Space Treaty provides
that states are "internationally liable for
damage to another State or its natural and
juridical persons", if such damage is caused by
relevant space objects. Which particular state
or states are, respectively, to be held liable in
respect of a specific space object causing damage
is determined by a fourfold criterion. In a
cumulative fashion this concerns the state which
"launches" the space object the state which
"procures the launching" of that space object
the state ''from whose territory" the launching
of that space object occurs and the state from
whose "facility" that space object is launched.
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SPACE A STRATEGIC ASSET ?
Space act is not only an important and
independent part of international law and treaty,
but has come in close connection with many other
fields of law such as telecommunications,
broadcasting, trade, export controls,
competition, arbitration and government
procurement law.
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MEASAT FOR SALE ?
MEASAT-1/2 MEASAT-3 MEASAT-3a
Manufacturer Boeing Satellite Systems Boeing Satellite System Orbital Sciences Corporation
Launch Vehicle Ariane 44L Proton Breeze M Land Launch Zenit
Satellite Dimension (HWL) Spin Stabilized 2m dia / 8m hgt Tri-Axis Stabilized 7x7x28m Tri-Axis Stabilized 7x7x21m
Launch Mass (Kg) 1395 4757 2440
Power (watts) 1580 9370 3840.8
C-Band Transponders M112 / M26 24 12
Ku-Band Transponders M14 / M26 24 12
Satellite defined as strategic asset ? Tanjung
Energy Group Sold to 1MDB
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CONTRADICTING OUR SECURITY RESTRICTION?
Remote-sensing satellites have become so numerous
and competitive that government abilities to
control what is disseminated have already been
substantially diminished. Imagery from
high-resolution satellites is becoming available
now not only because technology has advanced to
the point of making the imagery a potential
source of substantial profits, but because
governmental policies permit, and indeed
encourage, such satellites to be operated.
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Governments Tremble at
When Google introduced Google Earth, a free
software that marries satellite and aerial images
with mapping capabilities, the company emphasized
its usefulness as a teaching and navigation
tool. But since its debut in 2005, Google Earth
has received attention of an unexpected sort.
Officials of several nations have expressed alarm
over its detailed display of government
buildings, military installations and other
important sites within their borders.
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British Force Forward Base, Basra, Iraq
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Mumbai Terrorist Attack
There has been approach to the High Court seeking
a ban on Google Earth, Wikimapia and other sites
not blessed by Indian security officials. The
petition states that Google Earth is against the
objective of the Indian National Security Act
since the website gives users minute details
and provides photographs, as well as extremely
accurate navigational coordinates.
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Malaysia Wont Ask Google to Blur Satellite
Imagery
Malaysia will not ask Google Earth to blur images
of the countrys military facilities to avoid
terrorist attacks. Defense Minister Datuk Seri
Najib Razak said doing so would indirectly
pin-point their location anyway.
"The difference in, or lack of, pixelation of
images of the military facilities compared to the
surrounding areas will make it easy for visual
identification." In his written reply to Datuk Dr
James Dawos Mamit (BN-Mambong), Najib said the
images were provided worldwide commercially.