Space and satellite wrap up – Legal and regulatory developments in 2024

As activity and developments in the sector continue, governments and policymakers are actively reassessing the regulatory frameworks applicable to the space industry. In 2024, this led to several notable legal and regulatory changes within the space and satellite industry, which we outline below focussing on: 

• updates to existing space law frameworks, along with various new national strategies and policies targeting specific sector priorities;
• advances in spectrum management, particularly looking at proposals for emerging satellite direct-to-device technologies, as well as other significant spectrum updates relevant to the space sector; and
• a variety of international space initiatives, including bilateral agreements, collaborations, and broader multilateral cooperation efforts.

National space law, regulation and policy

Throughout the year, there have been a number of developments in relation to national space laws and regulations in various countries. This includes developments to existing space law regimes, but also a range of new national strategies and policies aimed at particular priorities in the sector. We highlight some of these developments as follows.

• Australia – is developing a sustainability of space activities policy and has published a discussion paper to seek input, focussing on economic, environment and social elements of the sustainability of civil space activities in Australia.
  
  
• China – released its first ever space science plan covering China’s medium and long-term ambitions in the sector. The plan sets out a three-phase roadmap leading to 2025, which includes launching a range of frontier projects, missions and key initiatives such as lunar missions and establishing a lunar research station. 
  
  
• Estonia – published a new draft space law, to comply with its international obligations including by establishing a space licensing regime and a framework for registration and supervision of its national space activities. In designing the law, the Estonia government has said that it has focussed on ensuring that the law supports technology entrepreneurship and innovation.
  
  
• EU – previously announced a proposal for a new EU space, which is expected to establish rules on space traffic management and a framework for the safety of critical space infrastructure. The publication of the legislative proposal for the space law was originally slated for 2024 but has been delayed to 2025, with further details on the potential timing expected in the Commission work programme which should be published in January 2025. 
  
  
• France – announced a low-Earth orbit space surveillance program, this is a key element of implementing France’s Defence Space Strategy and 2024-2030 Military Programming Law. 
  
  
• Ghana – implemented a national space policy, which is expected to provide a framework for using space to fostering economic growth and ensuring sustainable development of space science and technology. The policy also aims to better coordinate and use of space technology, including via regulation and standardisation.  
  
  
• Italy – published a new draft space law for private sector space activities, including to establish a space licensing regime and insurance requirements. The draft law was presented to Italian parliament in September 2024. Alongside the proposed regulations, Italy has published a National Plan for the Space Economy, outlining a five-year strategy to identify sector needs and investment opportunities. 
  
  
• Netherlands – published its 2023-2024 Annual Report on Net Neutrality which included a reference to inflight Wi-Fi on aircraft (many of which are provided by satellite), stating that it considers these services in general to fall within the scope of internet access service regulation and to be subject to net neutrality regulations (including requirements to treat traffic equally). The Report indicates that the development of inflight connectivity is being monitored by European regulators, so there may be broader regulatory coordination in the future. 
  
  
• Portugal – made amendments throughout 2024 to its national space laws, including a dedicated regime in relation to space launch centres, as well as changes to streamline the space licensing process and to strengthen the applicable sanction regime (see e.g. here). 
  
  
• Sweden – published its first strategy for space defence, which is aimed at building Sweden’s space defence capabilities and strengthening Sweden’s posture in the global space sector.     
  
  
• UK – undertook a review of its national space regulation and the Department for Science, Innovation and Technology (DSIT) released a report outlining seven key regulatory objectives, including focussing on streamlining regulations, supporting innovative frameworks for emerging tech and ensuring that the UK’s policies are progressive to encourage investment and competition in the UK’s space industry. DSIT has also funded a regulatory sandbox project to test rendezvous and proximity operations and inform regulation for novel space activities.
  
  
• US – there have been a range of developments in the US, some of the key updates are as follows:
  
  
  • The FCC adopted guidance on orbital debris mitigation rules, with a focus on assisting operators to comply with their obligations and reporting requirements. The FCC has also been reviewing and consulting on the rules more broadly to consider further amendments that may be needed (see e.g. here). 
  • The FAA has established an Aerospace Rulemaking Committee which will consider launch and re-entry licensing regulations which have been criticised by some members of industry and government as causing licensing delays. The Committee plans to review the problems that have been faced under the current regulations and consider improvements.
  • The US Departments of State and Commerce have announced a series of new rules aimed at modernising space-related export controls (see here and here respectively). The new rules are designed to enhance US competitiveness and strengthen international space partnerships, while safeguarding national security. A consultation process was closed in December 2024, noting that next steps may depend on governmental priorities following the change in administration. 

Spectrum

In 2024, a number of regulators have announced potential changes to spectrum regulation. Many of these proposals have focussed on addressing the rapid advancements in direct-to-device (D2D) technology, an area that has garnered significant industry attention over the course of the year (please see our previous article here for more detail on the D2D model). We highlight some key updates below.

Direct to device

• Australia – opted to allow IMT-based satellite D2D services (often referred to as D2D in Mobile spectrum or supplementary coverage from space) to be provided under Australia-wide spectrum licences without the need for further approval from the regulator. Additionally, D2D services operating in mobile satellite services (MSS) band will be permitted to be provided in accordance with existing MSS licences. 
  
  
• UK – carried out a call for inputs to gather insights on the development of D2D services and MSS. Following this process, Ofcom has stated that they plan to consult on an authorisation framework in early 2025 for D2D services relying on mobile spectrum. Additionally, Ofcom is planning to review its approach to MSS authorisations in the FY 2025/2026, which will involve considering whether to move the authorisation of D2D services in MSS (which are currently licence exempt in the UK) to a light licence approach to provide greater options for managing the sharing environment in the future. 
  
  
• EU – European organisations such as the CEPT (“European Conference of Postal and Telecommunications Administrations”), BEREC (“Body of European Regulators for Electronic Communications”) and the RSPG (“Radio Spectrum Policy Group”) have established working groups in relation to D2D regulation, with reports already released or set to be published in the coming months (see here for more detail).
  
  
• MSSA – at the industry level, the Mobile Satellite Services Association (MSSA) has been established by satellite operators in an effort to drive forward and create opportunities in relation to D2D and IoT solutions. The MSSA has stated that it aims to “foster a D2D ecosystem of solutions providers including terrestrial mobile and satellite operators, OEMs, infrastructure, chip vendors, and others” and build “interoperable architectures and standards for use in multi-orbit satellite systems, ground infrastructure, and end user equipment”
  
  
• ITU – the World Radiocommunication Conference 2027 (WRC-27) agenda has been published and includes D2D services. Discussions will likely focus on the growing demand in this area and the steps that national regulators are taking to prepare for its integration into spectrum frameworks (and potentially opportunities for harmonisation). More broadly, the agenda also covers spectrum regulation and allocation for existing and emerging technologies (e.g. for mobile broadband, satellite communications, and broadcasting), efforts to harmonize spectrum use globally to ensure efficient and effective use of radio frequencies and opportunities for spectrum management to support environmental sustainability and climate monitoring. 

Other updates

• Australia – published its Five-year spectrum outlook 2024–29 and 2024–25 work program, with some of the key focus areas identified as continuing to progress the allocation of licences for mobile-satellite service (MSS) in the 1980–2005 MHz and 2170–2195 MHz bands and continuing work to allow spectrum access for satellite communications supporting technology and service innovation.
  
  
• India – announced that it will publish recommendations on rules for satellite spectrum allocation. This follows a recent consultation on the terms and conditions for the assignment of spectrum for certain satellite-based commercial communication services.
  
  
• US – revised its satellite spectrum sharing rules that aim to promote market entry, regulatory certainty, and spectrum efficiency. The rules are also intended to clarify how spectrum is shared between different satellite systems, particularly focusing on non-geostationary satellite orbit (NGSO) systems. The revisions include a long-term interference protection criterion and other interference metrics.
  
  
• ITU – the World Radiocommunication Conference 2027 (WRC-27) agenda has been published and includes D2D services, noting that the discussions will likely focus on the growing demand in this area and the steps that national regulators are taking to prepare for its integration into spectrum frameworks (and potentially opportunities for harmonisation). More broadly, the agenda also covers spectrum regulation and allocation for existing and emerging technologies (e.g. for mobile broadband, satellite communications, and broadcasting), efforts to harmonize spectrum use globally to ensure efficient and effective use of radio frequencies and opportunities for spectrum management to support environmental sustainability and climate monitoring. 

International engagement 

There has been a range of international engagement over the course of the year, both in terms of bilateral agreements, collaborations and broader multilateral cooperation.

• Artemis Accords – a number of countries have signed on to the Artemis Accords, a US-led set of principles to guide space exploration and cooperation, over the course of 2024. This includes Belgium, Greece, Uruguay, Switzerland, Sweden, Slovenia, Lithuania, Peru, Slovakia, Armenia, Dominican Republic, Estonia, Cyprus, Chile, Denmark, Panama, Austria, Thailand and Liechtenstein. A range of launches and other activities are scheduled for 2025 as part of the program, including the launch of the Lunar Trailblazer which has been designed to map the distribution of water on the Moon. 
  
  
• European Space Agency (ESA) – published a Zero Debris Charter which outlines ESA’s commitment to significantly reduce space debris and promote sustainable space operations. The Charter was launched to address the growing concern of space debris impacting satellite operations and future space missions and the initiative aims to implement measures that prevent the creation of new debris and actively remove existing debris from orbit. This includes developing technologies for debris mitigation, enhancing international collaboration on space traffic management, and setting stringent guidelines for satellite end-of-life disposal. 
  
  
• IRIS² satellite constellation – the European Commission and ESA have finalised an agreement with an industry consortium to develop the IRIS² constellation under a 12-year contract, expected to launch in 2029. The project is a strategic initiative aimed at enhancing connectivity across Europe by integrating satellite technology with traditional telecommunications networks and is part of the EU's broader efforts to boost digital transformation, improve connectivity, and strengthen Europe's technological sovereignty.
  
  
• Bilateral space cooperation agreements – a range of bilateral agreements relating to enhanced space cooperation have been announced, including as follows:
  
  
  • the US and Saudi Arabia signed an agreement to establish a framework for facilitating space collaboration;
  • Chile and Brazil signed an agreement to enter into a strategic partnership to advance space exploration;
  • Canada and the US signed an agreement that will allow the use of US space launch technology, expertise and data for space launches in Canada;
  • the UK and NZ signed a blueprint for the removal and servicing of satellite that are orbiting in close proximity or making contact with one another; 
  • India and Australia signed an agreement to strengthen space cooperation, especially in relation to India’s Gaganyaan human spaceflight mission;
  • Hungary and ESA signed an agreement on cooperation in the Hungarian space research programme;
  • the Czech Republic signed a memorandum of understanding with US space company, Vast, to partner on future human spaceflight projects; 
  • Japan and the UN Office for Outer Space Affairs agreed to collaborate to support space law missions to continuously provide capacity-building and legal advisory services to Philippines and Thailand;
  • the Netherlands and Austria are collaborating on a satellite demonstrator in low and very low earth orbit to support military operations and, as part of this, will consider how to address common issues in those orbits (e.g. space debris collisions); and 
  • Poland and Japan have each reached agreements with the US to join its military satellite network.

Our international team has commercial and regulatory expertise in the space and satellite sector and has been involved in a number of these key developments. We monitor updates across the sector regularly and provide information to relevant contacts, please reach out if this is of interest. 

Other contacts: Willy Mikalef, Jean-Claude Vecchiatto, Thomas Jones, Marjolein Geus and Ronald Hendrikx