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30 Apr 2025

Orbital Congestion and Spectrum Disputes: Who Controls the High Ground in the New Space Race?

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Remote sensing, navigation, and broadband services increasingly depend on access to orbital slots and radiofrequency spectrum. As satellite deployments accelerate, particularly in low Earth orbit (LEO), the risk of orbital congestion grows. This congestion leads to interference, debris hazards, and disputes over orbital and spectral resources. Regulatory tools are stretched thin as geopolitical, commercial, and legal claims collide in contested orbital zones. In this article, we will examine the technical, regulatory, and geopolitical factors influencing control over orbital and spectrum resources in the context of the new space race.

Orbital Lanes And Spectrum Bands

Satellites function within defined altitude ranges and operate using allocated frequencies that must be kept distinct to avoid service interruptions. LEO remains the dominant zone for new launches due to its advantages in latency, signal strength, and visibility. However, its physical limits and growing density have created choke points where proximity risks become unavoidable. Frequency coordination suffers when too many satellites rely on the same limited bands, leading to unintentional interference. Without structured cooperation, both physical and spectral collisions are likely to escalate.

International Regulatory Frameworks: The Role Of The ITU

The International Telecommunication Union (ITU) sets the global standards for assigning orbital positions and managing spectrum access. Operators submit filings through their national authorities to secure orbital and frequency rights, subject to coordination with other users. This process is designed to ensure fairness and to prevent overlapping service claims. However, the ITU lacks strong enforcement tools and relies on national compliance, which varies across jurisdictions. As the pace of deployments accelerates, the ITU's administrative backlog and procedural limitations have become a growing concern.

Legal And Political Conflicts: State Vs Private Claims

Governments and private firms frequently clash over orbital access and long-term entitlement to frequency bands. Filing early for future rights has become a method for entities to claim strategic positions, sometimes without intent to launch within a reasonable timeframe. This undermines equitable access and inflames diplomatic tensions between competing state interests. The absence of binding international arbitration compounds these disputes, leaving many conflicts unresolved. A comprehensive legal framework that applies consistently to both state and non-state actors is still lacking.

Mega-Constellations And Their Strategic Impact

Mega-constellations have introduced new risks and intensified the competition for orbital and spectral resources. Thousands of satellites deployed within tight parameters lead to operational unpredictability and debris creation from accidental or uncontrolled collisions. These deployments also saturate valuable bands, making spectrum allocation more difficult for other operators with fewer resources. Some nations argue that such monopolisation could limit equitable access, particularly for developing space programmes. The long-term sustainability of orbital zones depends on proactive governance and technical coordination across all actors.

Enforcement Gaps In Orbit And Spectrum Governance

Most space treaties lack explicit enforcement provisions for orbital and spectral violations. The ITU’s ability to manage disputes is largely advisory and non-binding, which has limited its authority when filings are contested or when satellites exceed their authorised parameters. National regulators often lack jurisdiction outside their own territories, reducing the effectiveness of cross-border enforcement. According to the European Space Policy Institute, unresolved disputes have led to overlapping claims and continued crowding in priority orbits. Without binding international rules and a mechanism for sanctioning non-compliance, technical coordination alone is insufficient.

Resource Conflicts Will Define The Next Phase Of Orbital Access

Disputes over orbital congestion and spectrum allocation are no longer abstract policy issues. They represent direct challenges to sustainable operations and equitable access in the satellite sector. The growing strain on existing coordination frameworks has exposed the fragility of space governance. Addressing this will require structural reform, shared oversight responsibilities, and legally enforceable commitments from all orbital stakeholders.

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