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Satellite Victims: Astronomy & Night Sky

Satellite Victims: Astronomy & Night Sky

Satellites have certainly changed our world for the better however, technological advancements, satellite miniaturisation and plummeting costs have paved the way for a tremendous increase in satellite numbers. This increased satellite presence, especially in the orbits closer to earth, poses a detrimental impact on astronomical observation both by blinding telescope mirrors and by causing interference to the radio frequencies used by telescopes. This article strives to shed the spotlight on this problem and the ongoing developments in the regulatory space.

  • HISTORY OF ASTRONOMY

    Astronomy is often considered to be the oldest natural science as it dates back to pre-historic times. Bearing its roots in the human fascination for star studded sky, astronomy started with a global quest to map out position and movement of celestial bodies. It has played an influential role not only in science but also in the religious and social life across continents.

    Playing an important role, India had been the torch bearer with evidence of astronomy being used to create calendars during the Indus Valley civilisation dating back to the third millennium BC. Astronomy developed steadily and to such an extent that Vedanga Jyotisha, the oldest text on astronomy is believed to have its origin in the 14th Century BC. This elaborate text also contained rules for tracking movements of the sun and the moon. As early as the 5th Century BC, Aryabhatta is credited for not only giving to the world astronomical calculations like planetary distances and timing of eclipses, but also that Earth revolves on its own axis and illumination of space objects is caused by reflection of sun’s rays. By the first century BC, astronomy became so mature in India that the Nalanda University was known to have offered formal courses in astronom

    Invention of telescopes by Galileo in 1609 was another watershed moment as mankind could observe those aspects of space through magnifying lenses which were so far outside the reach of naked eye vision. It opened new doors and revolutionised astronomy from being based on mathematical calculation to physical observations. Among the first contributions of telescopes was to debunk a belief that earth in the centre of universe and make mankind realise the limitless expanse of the universe. With time, telescopes became more powerful and so did the horizon for observational capabilities expand for mankind. It not only helped the world discover new space objects but also enabled observing the geology and weather of distant planets

    The precise space knowledge gathered by these astronomical observations instilled the confidence of venturing into space by sending manmade objects. Eventually, rocketry advanced and finally the first artificial satellite, Sputnik, was successfully sent to space in 1957.

    Since then, there was no turning back and today satellites form an integral part of every facet of human life. Disaster prediction, weather prediction, communication, earth observation and defence witnessed a radical shift. Entertainment sector also entered a new era when satellites enabled televisions to make way into drawing rooms of the common man.

    Continuous technological advancements enhanced the capability and diversified the uses of satellites. It also brought in the phase of satellite miniaturisation and today a 1-kg satellite can accomplish the identical functions which a 1-tonne satellite would carry out earlier. The requirement of satellites being put at a higher altitude for efficiency and longevity also faded with time and the 10,000 km altitude satellite is gradually being replaced by a satellite at altitude of few hundred kilometres from earth.

  • THE PROBLEM

    New space age, as is the nomenclature for describing current times, is also characterised by increased access to satellite technology. It being coupled with massive reduction in satellite manufacturing and launching costs, has led to a spur in the number of satellites being launched to space. As per estimates, presently there are about 6,000 active satellites orbiting the earth, a threefold increase in three years compared to 2,000 active satellites in 2018. Also, about 90 % of them are small satellites (smallsats) placed at the low earth orbit (LEO) of less than 1000 kms from the earth surface.

    Smallsats depict a major breakthrough in space technological advancement and bring in a lot of advantages in terms of access and cost compared to the old style massive satellites. These will also certainly be instrumental in bridging the digital divide by providing communication access in far flung areas and the high seas. It is predicted that the smallsat population in LEO will exceed 100,000 by 2030 with majority of them being massive communication and internet satellite constellations announced by Starlink, OneWeb etc

    However, they also bring in a lot of disadvantages and pose a hindrance in furthering astronomical development. The solar panels of these smallsats, on which they are often completely dependant for their energy requirements, have a glaring effect on the telescopes by blinding the mirrors with their brightened reflections. These smallsats move with such high speeds that they complete an earth orbit in only 90 mins resulting in 16 earth orbits per day. With this high orbit frequency and the potential to cause observation hindrance every orbit, it becomes all the more problematic

    Resultantly, the observers lose sight of their focus space object and have a tough time to realign and continue their observations. More often than not, the distant objects are only available for observation by astronomers for a short time before they move out of the telescopic view and many a times, they are again available for observation not after a few days but years all together. In this scenario where every observational second is immensely valuable, disturbance of a few minutes caused to the telescopes by a passing by smallsat often has an irreparable detrimental impact.

    Space objects far away from the earth often are very dim owing to the distance and can only be observed in a pitch dark sky. Such is the impact of light on telescopes that these are often built at distant places to avoid the light pollution present in urban areas, as in Chile, India etc.

    This is not an end to the problem. The smallsats use radio frequency to communicate with their ground stations and in the process also interfere with the frequency in which observations are carried out in more advanced radio telescopes. This results into a hazy imagery of the focus object which would have been otherwise been a sharp imagery necessary for analysis of the space object.

    Owing to the enormous number of smallsats, the magnitude of disturbance is so huge that some astronomical observatories encounter a satellite passby every 10 minutes. The observation window is set to further narrow down owing to the exponential smallsat population growth predicted in the near future.

    Light pollution by satellite constellations also have disastrous consequences for indigenous groups by damaging their cultural and spiritual traditions involving sight of stars. One such instance has been shared in the empirical research by Joshua Sokol wherein he reports of first-hand account from an indigenous person who is deeply disturbed with hindrances caused by moving small satellites when he is engaged in ceremony of gazing at stars, a tradition to connect with his ancestors

  • HISTORY OF REMEDIAL MEASURES

    Light pollution has turned into a global problem and it is estimated that more than 80% of the global population is dwelling under light polluted skies. It became a cause of concern for urban areas in the early 20th century and led to advent of policy formulations for safeguarding astronomical observation. However, light pollution is still said to be in its “attention cycle” before it garners mass public support and leads to establishment of a mature regulatory regime. Currently, very few countries have legislations aimed at reducing light pollution coupled with a few court decisions internationally which have recognised light pollution as a cause of concern while adjudicating related claims.

    A few decades ago, dark night sky was debated to be not part of environment till the concept of “Rights of Nature” (RoN)seeking recognition of right of natural environment to continue as it exists in its natural form. RoN also propagates that a dark night sky should be devoid of light pollution based on the premise that a dark night has more of an intrinsic value than its commercial utility.

    Night sky is a global common and may also be termed a cultural asset of mankind owing to the rich history of astronomical discoveries made possible. It should therefore be considered an intrinsic part of the “common heritage of mankind”. Constituents of common heritage of mankind lacks global consensus but the six features attributable to common heritages propounded by John Noyes may serve as useful guidelines:

    • Acquisition or exercise of sovereignty should be prohibited
    • The rights are vested in the humankind as a whole group
    • It is reserved only for peaceful purposes
    • Natural environment protection is achieved
    • Equitable sharing of these resources keeping in mind the needs of developing states
    • Governance of the heritage is by common regime which is not exclusive
  • Due to its very nature, all these above features may not be applicable to night sky strictly. However, it can be used as cue for protection of the ‘natural environment’ of night sky and for formation of a global model for its governance with wide participation of civil society.

    Presently more than 22 countries worldwide have specific laws recognising RoN principle including some countries where dark skies and other non-living natural objects have been allowed to be under the safeguard of appointed “guardians”.

    At the international level as well, there have been several policy development attempts for protection of the night sky. One such attempt was the La Laguna Declaration by UNESCO in 1992 which declared that “persons belonging to future generations have the right to an uncontaminated and undamaged Earth, including pure skies”.

    In 2007, a Declaration in Defence of the Night Sky and the Right to Starlight was adopted in La Palma, Spain, which states that “an unpolluted night sky that allows the enjoyment and contemplation of the firmament should be considered an inalienable right of humankind equivalent to all other environmental, social, and cultural rights, due to its impact on the development of all peoples and on the conservation of biodiversity”.

    There have been a few other international initiatives for protection of night sky. The National Environmental Policy Act (NEPA), 1969 of USA mandated that environmental impact assessment be carried out before project approvals which also included for grant of satellite approvals. However, satellite license was granted exempted status under the NEPA since 1986 under the assumption that it does not have any environmental impact[18]. However, it is now an established fact that satellites do have a variety of environmental impacts among which light pollution of dark skies can be said to be the most recent addition to the list.

    This ensued a legal debate in recent years as to whether outer space is part of the earth environment and whether satellites need to be regulated under the NEPA. While the satellite constellation corporations contended that space is not part of earth’s environment, they did acknowledge that other applicable US laws should serve an a compelling basis for FCC to come up with norms for regulation for satellite brightness.

    A significant initiative was the 34th session of UNESCO World Heritage Committee held in Brazil which for the first time considered astronomy to be part of heritage. It also led the foundation of a study on heritage sites of Astronomy and Archaeo-astronomy which presented the roadmap for recognition of astronomical heritage. It also included examples of astronomical sites of special significance while noting that “Astronomy represents a rich and significant part of humanity’s shared cultural and natural heritage”.

    The UNESCO committee meeting was followed by the International Year of Astronomy observed in 2009 to commemorate 500th year of Galileo’s first astronomical discovery which brought into focus and celebrated astronomy and its rich contributions to mankind. One of the declared goals of this celebration Year was also to “facilitate the preservation and protection of our global cultural and natural heritage of dark skies and historical astronomical sites, through the awareness of the importance and preservation of the dark skies and astronomical sites for the natural environment and human heritage”. It was this attempt that lent tremendous focus on night sky and achieved for it the heritage status entitled for preservation. However, grant of heritage status also gave rise to several questions in terms of the process of status grant and the definition of heritage.

    The International Astronomical Union (IAU) has repeatedly sought UNESCO to declare night sky as a protected world heritage site but it has failed to do so. In 2017, the astronomers reached out to UNCOPOUS with the request. Subsequently, in 2020, IAU submitted a report to UNCOPOUS mentioning of the threats to night sky ranging from ground based light pollution, light pollution from satellites and radio interferences. This report also recommends that satellite constellations orbit below 600 km orbit which will make them visible only around twilight for most of the year without crossing the brightness threshold having potential to hinder astronomical observations.

    Although any binding legislative attempt for night sky protection at the international level is yet to be seen, these international initiatives are in the right direction leading to creation of awareness and recognition of the problem caused by light pollution

About Author

Chinmoy Roy

Chinmoy is currently heading the legal functions in Antrix Corporation, commercial arm of Indian Space Research Organisation. In addition to dealing with practical aspects of space law professionally, he is also actively involved in academic research in this niche domain. He has presented his research and has been a panelist in international space law conferences including the International Astronautical Congress. He is also part of an international working group of IISL (International Institute of Space Law, Paris) entrusted to make policy recommendations for tackling light pollution and other astronomical hindrances caused by satellites. He also possesses expertise in international arbitration and is currently handling transnational litigation pertaining to a multi-billion dollar arbitration award.