High Altitude Platform Stations (HAPS) : The new Frontier at the intersection between Air and Space Law

Abstract

This mini-dissertation intends to explores the use of High-Altitude Platforms (HAPS) for broadband communication services in rural areas as an alternative to mobile networks, as half the world's population, most of whom live in rural areas, lacks internet access. Finding ways to improve broadband access and telecommunication services, particularly in rural and underserved areas, is essential for closing the digital divide. The advantages that HAPS have over traditional terrestrial and satellite wireless networks are numerous. HAPS have the potential for wireless communication and are deployable stations that can operate at altitudes between 20 and 50 kilometres. However, their unproven nature prompts inquiries, especially into their legitimacy. Because they operate in the stratosphere, a previously uncharted zone, HAPS is not like other space-launched items in terms of design or purpose. As a result, there is still a lack of clarity regarding the rules and regulations that apply to HAPS operations. Therefore, this paper intends to look at the different legal frameworks which might be applicable to HAPS. It seeks to analyse the current division between air law, which is licensed and operates within the national (Aviation Authorities) and international (International Civil Aviation Organisation (ICOA)) jurisdictions. The various space treaties which govern space activities and the role of the International Telecommunications Union (ITU) which identifies relevant radio frequencies for the use by HAPS.