Even though the two satellites could be exactly the same, the one with the larger footprint would be treated as a munition if it flew at a higher orbit. As satellites become lighter, the same propulsion system provides greater acceleration. This means that new satellites, which weigh less than old models, would be controlled as munitions only because of their lighter weight. Another parameter, cross-link capability, allows satellites to exchange data without going through a ground station. Satellite antenna size is also a parameter.
Satellite antennas allow the transmission and reception of signals from the ground.
The larger the antenna, the better it can receive signals from small transmitters like cell phones. Successful implementation of global mobile telephone systems required that civil communications satellites use these large antennas. If we still used parameters like these to determine licensing jurisdiction, Iridium, Teledesic and other satellite systems would now be licensed as arms exports. With respect to the transfer of jurisdiction, Secretary of State Christopher, in a June 8 statement in the Los Angeles Times, makes clear that his 1995 decision was to task State and its industry advisory group to continue the process begun by President Bush in 1990 to determine what additional communications satellites could be moved to Commerce control. As Secretary Christopher noted, this unanimous recommendation was due in part to President Clinton's December 1995 Executive Order 12981, which revised the Commerce licensing process.