مدل سیاست‌گذاری ارتباطات با تاکید بر مقررات‌گذاری برای اینترنت ماهواره‌ای استارلینک

The study was conducted with the aim of understanding the presentation of a communications policy model with an emphasis on regulations for the Starlink satellite internet. The study has an applied-developmental purpose, in terms of the method and time frame of data collection, it is a cross-sectional survey study, and in terms of the research design, it is a mixed research. The qualitative part of the participants includes law professors and communications managers, 10 of whom were selected through theoretical sampling. The interviews continued until theoretical saturation was achieved. The quantitative part of the statistical population includes law professors and communications experts, with the Cohen power analysis method estimating the sample size to be 70 people, and the simple random sampling method was used. The data collection tool was a semi-structured interview and a researcher-made questionnaire. The validity of the interview was confirmed based on four criteria of credibility, transferability, confirmability, and reliability, and the reliability of the qualitative part was estimated to be desirable at 0.709 by calculating the Holst coefficient. The validity of the quantitative part was assessed using the face validity methods of the reviewers' perspective, convergent validity (above 0.5), and divergent validity. The reliability of the questionnaire was also evaluated as desirable with Cronbach's alpha, R coefficient, and composite reliability above 0.7. Data analysis was performed in the qualitative part using the grand theory method and in the quantitative part using the partial least squares method.
Extended Abstract:
Introduction
In the area of ​​legal and regulatory issues, an attempt has been made to provide the administrative, legal and regulatory requirements that they must understand in order to successfully plan and implement a small satellite project. Rather than listing every national frequency regulator and every national law regulating space activities, this Act has provided a broad outline of the different types of legislation. Building on the international legal framework for State responsibility and liability, which is regulated by national governments, national space activities are regulated. The United Nations Committee on Peace and Telecommunications, as a specialized agency within the United Nations, plays an important role in the standardization and development of telecommunications, as well as issues related to cybersecurity. As a specialized agency of the United Nations, it has a strategic role in the development of legislation in cyberspace.
The situation in Iran regarding the Starlink satellite internet is in a state of emergency, and no country is responsible for its own insecurity. For this reason, the Ministry of Communications and related organizations such as the Supreme Cyberspace Council and the National Cyberspace Center must make a decision to regulate it as soon as possible.
Methodology
The present study is an applied-developmental research in terms of its purpose, which was conducted in the field of communications policymaking with an emphasis on the Starlink satellite internet. In terms of the data collection method, it is also a non-experimental (descriptive) research that was conducted using a cross-sectional survey method. Also, considering the nature of the research problem, a mixed exploratory research design, that is, qualitative-quantitative, was used.
The qualitative part's participant population includes theoretical experts (professors of international law and space law) and empirical experts in the field of communications. According to Miller et al. (2010), five key criteria, being well-known, theoretical knowledge, diversity, and motivation to participate were used to select the participants. Theoretical sampling method was used to select the sample, which, according to Glaser et al. (2017), is an appropriate method for determining the sample size in the grand theory method. The sampling process continued until theoretical saturation was reached, and accordingly, 10 people participated in the qualitative part of the research.
The quantitative part's statistical population includes law professors, managers, and experts in the field of communications. Cohen's power analysis rule (1992) and G*Power software were used to estimate the sample size. At a 95% confidence level with an effect size of 0.15 and a test power of 80%, the minimum sample size was estimated to be 70 people. Since the statistical population of the study is homogeneous, simple random sampling was used so that all individuals in the population had an equal chance of being selected.
To collect research data, a semi-structured interview was used in the qualitative part and a researcher-made questionnaire was used in the quantitative part. The semi-structured interview consisted of six open-ended questions, and the questionnaire consisted of 7 main factors and 44 items with a five-choice Likert scale. The items in the questionnaire were designed based on the basic codes obtained from the qualitative analysis of the research data.
Conclusion
The points that were considered in this section have two perspectives and attitudes. A negative view of this technology and a positive view and attitude towards this technology that makes us use this technology or not.
1- The responsibility of governments and communication policy and regulation for space activities
2 - Starlink satellite internet and international space law frameworks
3 - Treaties and conventions that were examined, for example, Article VI of the Outer Space Treaty, Article VI will be subject to interpretations by competent national and international institutions in the future. The legal concept of state responsibility presented in Article VI of the Outer Space Treaty was discussed.
The concepts contained in Article VI, such as: "national activities", "appropriate State" and "activities in outer space" are open to interpretation due to their vague nature and lack of definition in the Outer Space Treaty.
The legal uncertainty resulting from the vagueness of key concepts in Article VI is reflected in the activities of small satellites. Currently, small satellite activities are subject to the same international legal framework that applies to all space objects, however, some States Parties to the Outer Space Treaty have already recognized the need to regulate their national space. It is desirable that a broad definition of the term “outer space activities” be included in national space legislation. Amending or adapting the scope of national space legislation to better regulate small satellite activities is one way to address the gaps in Article VI.
Each State may develop its own views on the interpretation of Article VI, which may result in inconsistencies and difficulties in finding clear State practice and legal opinion. This prevents the crystallization of customary law and, consequently, legal uncertainty persists, unless clarity is provided at the international level.