Transcript Slide 1

Malaysia Space Act: A Catalyst for a Vibrant
Space Industry
Azmi Hassan
GeoStrategist
Universiti Teknologi Malaysia
AzmiHassan GeoSpatial Forum Melaka7-8Mac2012
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MALAYSIA AND SPACE ACTIVITIES
Its beyond the FAB/GANG 4 ...........................
Only one lucky candidate will be chosen
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 1990’s 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.
AzmiHassan GeoSpatial Forum Melaka7-8Mac2012
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MALAYSIA SPACE INDUSTRY HEALTH
The general perception is that aerospace industry is more vibrant ……….
Downstream Industry > 99% (RM28.63 billion)
Upstream Industry
Comparison of Revenue between Downstream and Upstream
Telecommunication Sector > 90%
Navigation/Remote
Sensing Sector
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.
AzmiHassan GeoSpatial Forum Melaka7-8Mac2012
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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 Assembly’s 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 nongovernmental 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.
AzmiHassan GeoSpatial Forum Melaka7-8Mac2012
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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.
AzmiHassan GeoSpatial Forum Melaka7-8Mac2012
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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
M1:12 / M2:6
24
12
Ku-Band Transponders
M1:4 / M2:6
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.
AzmiHassan GeoSpatial Forum Melaka78Mac2012
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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.
AzmiHassan GeoSpatial Forum Melaka78Mac2012
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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 WON’T ASK GOOGLE TO BLUR SATELLITE IMAGERY
Malaysia will not ask Google Earth to blur
images of the country’s 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.
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