The relevance of ITU rules for regulating the use of radio frequency and associated orbit in the context of space mining activities

This article deals with the role of the International Telecommunications Union (ITU) in coordinating the use of the radio frequency and associated orbit for missions to and on celestial bodies. After reviewing the ITU rules, the legal issues related to the use of the radio spectrum for missions beyond Earth orbit will be analyzed. The article suggests that while the current status of early commercial lunar ventures might be reasonably classified as “research”, as commercial activities increase, the allocation of radio frequencies for deep space missions should reflect the reality of activities of a range of stakeholders. Finally, the last part of this article will focus on the necessity to update the current legal framework in order to effectively allocate frequencies for space mining activities.