## 3 Satellites and the Space Law Framework
### The ITU and Satellite Orbits  
Satellites, while being the responsibility of the appropriate State with regards to launch, registration, or liability, are also the responsibility of the ITU with regards to allocation of a place in the night sky. Amongst other roles, the ITU grants \"allocation of bands of the radio-frequency spectrum, the allotment of radio frequencies and the registration of radio-frequency assignments and, for space services, of any associated orbital position in the geostationary-satellite orbit or of any associated characteristics of satellites in other orbits, in order to avoid harmful interference between radio stations of different countries\".7  
Footnote 7: Constitution and Convention of the International Telecommunication Union (adopted 1992) art 1(2)(a). [PERSON] et al. highlight that the ITU has an increasingly important role as \"[t]he increasing number of satellites being launched has arguably created congestion and competition, particularly at the Geostationary Orbit (GEO)\" ([PERSON] et al. 2015, p. 109), and the ITU is \"the specialised United Nations agency charged with managing radio frequencies and orbital positions for satellites\" ([PERSON] et al. 2015, p. 109). The management of these orbital positions is made possible by the ITU Constitution, Convention and Radio Regulations, which collectively \"establish international rules that aim at avoiding interference in the signals being transmitted through the radio spectrum\" ([PERSON] et al. 2015, pp. 114-15). In addition, what the ITU has achieved through expansive membership is \"[c]communications regulations... fairly consistently implemented on the domestic level by almost every State\" ([PERSON] 2021, p. 58). The international standards set by the ITU are required to be consistent across the domestic law of Member States. Thus, the result is \"an internationally coordinated approach to the use of spectrum, to include its use in and through space, as well as the use of orbital slots, which directly impacts the domestic regulations of all Member States, driving a highly detailed and prescribed approach to communications\" ([PERSON] 2021, p. 58). However, the ITU is only beginning to prepare for constellations of satellites, with [PERSON] and [PERSON] highlighting that \"[n]o binding international rules exist on other aspects of mega-constellations\" ([PERSON] and [PERSON] 2021). Steps have been taken, as is seen by the fact that \"[t]he ITU recently adopted a tiered management approach, whereby listing a mega-constellation in its 'Master Register' depends on certain milestones being met. This deters companies from filing and effectively claiming orbital shells years before they are ready to launch\" ([PERSON] and [PERSON] 2021) and maintains some sort of management over the increasing occupation of orbital slots. It is further noted that despite the ITU standards, national communications authorities could be \"assigning orbital shells to mega-constellations on a first-come, first-served basis, without assessing the effects on other countries\" ([PERSON] and [PERSON], 2021). This would undermine all of the work of the ITU in ensuring orbit allocation is correct. However, for the purposes of the article's investigation, the main consideration of the ITU, as the UN authority specific to satellites (although the UN Committee on Peaceful Uses of Outer Space (hereinafter UN COPUOS) is beginning to consider this article's specific issue of satellite constellations and astronomy, which may indicate a prospective shift in responsibility in the future) (United Nations General Assembly, 2021),8 is that of practicality in allocating orbits and ensuring that the satellite to be launched will be in a position to function and not disrupt the functioning of any other satellites. Whether these satellites in various orbits interrupt astronomical practices is not enshringed as a concern of the ITU.