MANGOSAT REGULATORY SUPPORT SERVICES

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Licenses & Permissions

In some cases, companies and/or end-users that wish to establish a VSAT or any other telecom network, or link for their own use must apply for permission or registration to own and operate the system. A license is then required. Not having such a license can be considered a criminal offence. 

Why frequency / spectrum licensing is important:

The use of the radio spectrum is regulated, access is controlled, and rules for its use enforced because of the possibilities of interference between uncoordinated uses. Other reasons include “national security”, censorship, and protecting of political and financial interest.

In most countries – if not all – it is a mandatory bureaucratic process one must follow step by step. The procedures can be complicated, vague, long, and sometimes costly. Very often the process requires the involvement of legal and technical expertise.

Frequency and spectrum licensing processes however differ from country to country. Typically a cross border satcom related license (incl. VSAT) is the most complicated among all.

Mangosat Regulatory Support Services

On behalf of our customers Mangosat performs all work related to securing telecommunications authorisations such as determining the law, policy, and procedure applicable to said telecommunications authorisations, completing applications, negotiating agreements, following applications or negotiations through to conclusion, etc. 

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This webpage is under re-development and under construction. Services however are fully supported.

Some end-users may be subject to specific legal, procedural or policy requirements. For example, without limitation, transmission in the vicinity of airports may be subject to additional restrictions. Diplomatic missions, international aid organisations, and other non-commercial international organisations may in some cases benefit from privileged treatment at law or policy.

Licensing work for established systems that only require frequency change or equipment change typically require a different approach and incur lesser costs.

For each Service Order, Mangosat will determine the law, policy, and procedures applicable and will provide estimates of the total cost of all authorisations required. Included in the quotation is an educated estimate of the number of hours needed to perform all the works.

Important note: Mangosat cannot guarantee the timeframe within which the required licenses will be granted nor that they will be granted at all.”

After service order, Mangosat will perform all the works related to securing the required authorisations, licenses, permits, and registrations. Mangosat will complete the application, negotiate agreements, and follow applications or negotiations through to conclusion.

Mangosat can only quote (or apply) for license, permission, or registration if all critical basic details and requirements are known, have been disclosed, and that customer or end-user provides Mangosat with full cooperation.

Minimum input should be made available to Mangosat to make a reliable assessment. This includes:

  • Exact location of the VSAT.
  • Specific end-user details.
  • To be used satellite.
  • Location of the Hub (if applicable);
  • End-user’s application (voice, data, video).
  • Transmit and receive data rate.
  • To be used equipment; [/read]

Disclaimer: authorisations for the operation of VSAT systems are determined by national law and policy. Those can and do change, often without notice, potentially affecting costs, conditions, and availability of authorizations. Therefore, want our customers to understand and agree that securing licenses and permissions is dependent upon third parties such as governmental authorities and national operators and that Mangosat’s obligations in this regard are thus limited to employing its best efforts in the application, negotiation, and pursuance of the same.

TYPICAL VSAT LICENSE APPLICATION PREREQUISITES

Mangosat can only quote (or apply) for a license, permission or registration if all critical basic details and requirements are known and that customer or end-user provides Mangosat with full cooperation.

Minimum input should be made available to Mangosat to make a reliable assessment. This includes:

  • Location of the VSAT;
  • End-user details;
  • To be used satellite;
  • Location of the Hub (if used);
  • End-user’s application (voice, data, video);
  • Transmit and receive data rate;
  • To be used equipment;

Some end-users may be subject to specific legal, procedural or policy requirements. For example, without limitation, transmission in the vicinity of airports may be subject to additional restrictions. Diplomatic missions, international aid organizations and other non-commercial international organizations may in some cases benefit from privileged treatment at law or policy. Licensing work for established systems that require frequency change or equipment change typically require a different approach and incur lesser costs.

Please Note: Authorizations for the operation of VSAT systems are determined by national law and policy. Those can and do change, often without notice, potentially affecting costs, conditions and availability of authorizations.

TYPICAL TERMS & CONDITIONS MANGOSAT VSAT LICENSING SERVICES

  1. Unless separately contracted, Customer shall be responsible for obtaining and maintaining all necessary licenses, approvals, permissions and consents.
  2. If Customer evaluates the establishment of a VSAT satellite network in foreign markets, Mangosat / NWNS can provide detailed answers to questions which are related to the regulatory component of the implementation of such network.
    1. After minimum input has been made available, high level information shall be provided free of charge to Mangosat customers.
    2. Additional analysis, such as recommendations on the optimal solution, in-country partner, or information on the likely development of new regulatory procedures can also be included. At a reasonable charge, Mangosat / NWNS commits to producing this information on a timely basis.
  3. Unless otherwise noted, when Mangosat / NWNS prices a license request the following assumptions are made:
    1. The VSAT end-user is a commercial entity with an in-country jurisdictional presence.
    2. The Customer is intending to use the telecommunications facility for closed user group transmission only, without providing any service to third parties or directly to the public.
    3. Customer will not provide VSAT Operation Authorization Services or act as a service provider to third parties or directly to the public.
    4. Customer is fully responsible for the technical operation of the VSAT earth station and the content of the transmissions.
    5. Customers’ use of the VSAT does not and will not violate any applicable law, status, regulation or license.
    6. The VSAT end-user doesn’t currently hold any (related) authorizations.
    7. Service application is data transmission only. Voice transmission may be subject to restrictions and/or additional costs.
  4. When Customer wants Mangosat to apply for a license, permission or registration:
    1. Mangosat charges a consultancy fee to initiate and manage the application process and a Customer Service Order or Purchase Order is always required.
    2. Customer pays 50% of the consultancy fee upfront to start the application or registration process. The remaining 50% will have to be paid after successful completion of the process.
    3. Fees, charges, duties etc. payable to local authorities or third parties are quoted to Customer “as charged” and without further mark-up.
    4. After all fees and charges have been received by Mangosat and the licensor, Customer receives a statement signed and stamped that the listed VSAT earth station is authorized to operate and officially covered by a valid license.
    5. If license, permission, or registration application cannot be completed because of reasons beyond Customers’ control and/or responsibility, Mangosat will not charge for the remaining 50% of the consultancy fee.
    6. If Mangosat fails to complete the process because of reasons controlled by Customer, Mangosat continues having the right to claim 100% of the consultancy fee.
  5. If contracted out to Mangosat, Mangosat will apply to the appropriate authorities in each country to acquire spectrum or service authorizations necessary to initiate Customers’ service.
    1. Mangosat can only apply for a license, permission or registration if all basic details and requirements are known and that Customer and end-user provide Mangosat / NWNS with full cooperation. This means that if Mangosat / NWNS agrees to provide licensing services, it needs, if and when necessary, to be able to cooperate with local end-user staff on the compilation of licensing documentation and the submission of the documents
    2. Mangosat / NWNS prefers to apply for authorizations on behalf of the Customer in the name of the Customer.
    3. Mangosat / NWNS will present Customer details and technical system data to regulators or licensors in the formats and in the language they require, or, if needed, Mangosat / NWNS will develop an application process that meets the needs of Customer as well as the host country regulator or licenser.
    4. Mangosat / NWNS continues to work closely with the regulator or licenser at every step of the process to ensure that applications are treated favorably, in accord with the user’s purpose, and that authorizations are granted within acceptable timeframes and on reasonable terms (fees, duration, transferability, etc.).
  6. Some users may be subject to specific legal, procedural or policy requirements that are not necessarily covered by the fees quoted. For example, without limitation, transmission in the vicinity of airports may be subject to additional restrictions. Diplomatic missions, international aid organizations and other non-commercial international organizations may in some cases benefit from privileged treatment at law or policy.
  7. License, permission or registration fees for certain countries may be lower when using a licensed local operator. This often requires a bilateral agreement between Mangosat / NWNS (or Customer) and operator. In such a situation Customer understands that Customers’ VSAT earth station participates in an existing and valid network license owned and maintained by Mangosat / NWNS’s local partner and/or operator.
    1. Mangosat / NWNS does all the necessary to guarantee legal operation under local law of all registered Customer sites.
    2. Mangosat / NWNS and partner are responsible for the further legal implementation and maintenance of the VSAT Operation Authorization.
    3. A VSAT Operation Authorization agreement between Customer and Mangosat / NWNS is required.
  8. Licensing work for established systems that require frequency change or equipment change typically incur lesser costs.
  9. VSAT earth station license, permission or registration is typically for one year with option for renewal under the condition that local law and regulation permit continuity of the authorization.
  10. Mangosat / NWNS reserves the right not to offer / to refuse “Licensing Services” for a specific country or network. Some reasons for not accepting a service order could be that Customer does not hold all required registrations in the country or the incumbent operator, regulator or any other licensor not being willing to cooperate or that obtaining a license is unlikely for other reasons.
  11. Lead time to obtain license, permission or registration can never be guaranteed.
  12. License, permission and registration fees can and do change without prior notice.

ADDITIONAL INFORMATION

First-Time Licenses vs. Amending Old Licenses

Unless we are made aware (= hard proof) of pre-existing authorizations, our assessments necessarily assume that the applicant has no pre-existing network in the target country and no previous license. If Customer does have an existing VSAT network, even if not identical to the one it now proposes to roll out, it may well already have several licenses. This would improve their situation and we would want to review such authorizations before going ahead.

In short, getting a license is harder and costlier for the first one. Amending one to fit a new set of technical specifications is almost always easier, faster and cheaper.

How to Read the Excel Table

The assessments are meant to allow a reader with no particular training in telecommunications regulation to get a precise, transparent and reliable picture of costs, timing & feasibility for any jurisdiction on Earth in plain language. As with all high-level generalizations, these assessments necessarily abstract out some important regulatory points. But let the apparent simplicity of the layout not mislead: it is no vague guestimate, but a precise reading based on law and practical experience.

Display and Manner of Calculation of Government Fees

All of the amounts included in the table refer to fees payable by Customer to the relevant (government) authorities for a license. There is no mark-up.
As their name indicates, Columns G and H refer to fees payable once only, and then fees payable on a recurring (annual) basis. While simplified, these typically represent several different types of fees, totaled up for a single number. For instance, a one-time fee of US$653 might indicate a filing fee of US$50, type approval fees of US$352 and an inspection fee of US$201.

How are the fees calculated?

They are computed from the verifiable fees set out in the applicable national regulations. They also take into account the fact that some fees provided by law are not always applied, and that conversely some are applied that are not enshrined and law (we of course include only legitimate fees). For instance, a common example is that some countries will require the applicant to hire a local engineer accredited by the regulator to perform a frequency interference study, without which the regulator will not issue the license. Though not covered in the regulations (because it is not a government fee, but a negotiated fee with a private entity), we compute that type of expense into the total because our users want to know what they actually need to budget for, ahead of time.
In some cases, difference in interpretation of laws, and the arbitrariness inherent in administrative decision-making can cause different outcomes even if the ingredients are the same.

When we refer to arbitrariness, we do not mean corruption or even lesser kinds of malevolent arbitrariness. We simply mean that a telecommunications bureaucrat may in a given case apply (rightly or wrongly) discretion to effect a particular result, even when acting in good faith.

For example, let us pick Chad, which would normally raise a number of delicate issues for MSF operations given events in the East and national conflict. Chadian telecommunications regulations literally suffer from a defect in drafting, so that even an honest bureaucrat can read them and be brought to calculate VSAT fees in three different ways. This would be of little consequence if the difference in interpretation were slight, but the margin between the least cost Chadian interpretation and the highest bracket can run to over U$$20,000 annually (depending on the type and capacity of the network).

Further, the telecommunication’s regulator is often caught between competing views of international organizations; occasionally viewing them as partner entities deserving of light-handed treatment, occasionally identifying them with suspect enemy factions. Telecommunications are so ubiquitous and mundane today that it is often forgotten that to most governments on the planet, they are viewed as a critical component of national security and economic development. This routinely causes tension in application of regulations. However, to repeated practice, and detailed knowledge of both regulations and administrative incentives, the outcome of such tensions can be calculated and managed reasonably well.

So, both the legislative errors of writing and the relationship issues can lead to different fee interpretations in Chad (but also CAR, Myanmar, Syria and other countries). In such cases, it is not that we cannot precisely estimate a result. As the foregoing hopefully demonstrates, we can do so very precisely. Rather, it is that the result depends on future events which, by definition, have not yet occurred. In such cases, what we do is (a) consider the applicant’s specific situation (i.e. we will imagine an application by Customer, look at its Charter, its history in the region and mentally drive it through tile exampled Chadian process to see what happens and (b) average out previous similar applications in Chad to arrive at the most frequently occurring result.

We wish to reiterate that here I take an example of diverging interpretations which can affect the analysis. In the vast majority of cases there is no such difference to consider and the fee will be precisely as set out in our analysis.

 

Licensing efforts performed includes, but is not limited to the following:

  • Acquisition of satellite operational licenses and/or relevant authorization papers
  • Registration of frequencies
  • Acquisition and coordination of terminal equipment homologation
  • Negotiation and submission of licensing fee waiver requests before relevant governmental agencies    
  • Approvals from appropriate Ministries and/or related organizations
  • Negotiation of regulatory/contractual fees with local authorized resellers of frequency rights
  • Coordination and negotiation of regulatory requirements that involve technical & engineering studies, and/or procedures requiring professional third parties
  • Coordination of any and all translations into English of relevant regulatory & licensing documentation
  • Renewal of licenses due to expiration of life cycle and/or issuance of new regulatory framework
  • Licensing amendment processes as a result of events including upgrades, downgrades, site relocation, and change of frequencies
  • Coordination of annual licensing fee payments or one-time fees
  • Supporting and advising on legal aspects related to telecommunications regulations
  • Spectrum Licensing Project Management and status reporting
  • Representing the company before concerned international and national telecommunications organizations and related to telecommunications regulations

What happens if I don’t register my remote terminal and radio frequencies?

Compliance with the laws and policies of host nations is critical working knowledge for operating in areas where VSAT data transmission is a necessity. Neglecting compliance of a sovereign nations authority can lead to any or all of the following:

  • Interference with legally registered missions
  • Subject to being shut down and equipment seized
  • Fines and or judgements on the enterprise/person violating local statutes
  • Local criminal charges
  • Long-term negative brand impact of regional violator
Page last modified: Apr 3, 2024 @ 9:35 am