SPS International Agreements - Detailed

Writing prior to the convening in 1971 of WARC ST, Smith has also called attention to the role of prior claims for radio frequencies. In the context of the practice of some countries of not following the findings of the IFRB he states: "One reason for this non-adherence is that frequencies are . . . [allocated] on a time priority basis rather than on equitable principles. In the early days of regulation this caused nations to hoard frequency assignments that they would never use, and today it creates difficulties in the determination of which frequency use should predominate." Writing in 1970 at a time when the 1963 revised Radio Regulations were in force, another commentator has observed that these Regulations did not introduce a new approach to the traditional system of unilateral national assignment of radio frequencies to national entities. He stated: "The conference proceeded on the assumption that space communications were merely an extension of terrestrial communications which fell within the sovereign prerogative of individual states. Accordingly, the traditional principle of 'first use, first served' has been extended to the new field of space communications and applies both to the use of frequencies and to the occupation of orbital 'parking slots' by communi- cation satellites." This outcome served the interests of the D. D. Smith, International Telecommunication Control 30 (1969). Eric N. Valters, "Perspectives in the Emerging Law of Satellite Communications," 5 Stanford Journal of International Studies 76-77 (June 1970). He also observed that "This principle reflects an approach that values the freedom of national action more highly than international decisionmaking concerning the utilization of a scarce international resource. It favors the economically and technologically advanced states and, in principle, protects their communications satellites against interference from subsequently launched communications satellites of other states, regardless of the comparative merits of such satellites." Ibid.

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