law, regulation, and outlook glonass and pnt in russia · pnt in russia alexey bolkunov pnt center,...

6
48 InsideGNSS MARCH/APRIL 2016 www.insidegnss.com FIGURE 1 Basic scheme of Russian Federation PNT System Insurance Pedestrians Satellites Undersea Underground Motor transport Boat traffic Geodesy VLBI VOR/DME GRAS GBAS RNSS AGNSS GLONASS ILS Loran-C long range radio naviation INS Astro SBAS Agriculture Timing in Energetics Forest Area Monitoring Monitoring in Capital Construction Communications Systems Timing Lasers Federal Astrofix Network National Time and frequency standard Railways Meteorology Aviation Geology Indoor Enabling development of applications Legal and regulatory framework Government monitoring and supervision Managing PNT development Safety and security assurance Geo- information resources PNT fundamental support Generation and sustainment of navigation fields User systems of government importance Set of PNT User Resources Information and Telecommunication Segment Set of Supervisory and Regulatory Resources Set of Common Resources Ensuring PNT T he legal and regulatory frame- work of the Russian Fed- eration covers not only the GLONASS system, but the country’s overall positioning, navigation and timing (PNT) system as well. e term PNT is a synonym for navi- gation activities as defined in the Fed- eral Law on Navigation Activities. e PNT system in the Russian Federation is defined as the combination of adminis- trative and technical means that provide spatial and time data to all user groups, with GLONASS as a key element. Figure 1 shows a basic scheme of the Russian PNT system. It consists of four main elements: a set of common resources ensuring PNT (deployment and maintenance of navigation system and services, including GLONASS, PNT funda- mental support, as well as relevant geo-information resources) a set of PNT user resources (consist - ing of user systems of public impor- tance, including timing in energy or communications networks as well as systems used for aviation, meteorol- ogy, or geodesy) an information and telecommuni- cations segment providing all nec- essary data links, including relevant exchange and transmission proce- dures LAW, REGULATION, AND OUTLOOK GLONASS and PNT in Russia ALEXEY BOLKUNOV PNT CENTER, CENTRAL SCIENTIFIC RESEARCH INSTITUTE OF MACHINE BUILDING, RUSSIA INGO BAUMANN BHO LEGAL The Russian Federation has a large body of laws, rules, and regulations dealing with positioning, navigation, and timing in general and GLONASS in particular. This column provides an overview of the associated Russian legal environment, authored by a leader of PNT regulatory framework development at the Roscosmos Central Scientific Research Institute of Machine Building. GNSS & THE LAW

Upload: others

Post on 05-Oct-2020

9 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: LAW, REGULATION, AND OUTLOOK GLONASS and PNT in Russia · PNT in Russia ALEXEY BOLKUNOV PNT CENTER, CENTRAL SCIENTIFIC RESEARCH INSTITUTE OF MACHINE BUILDING, RUSSIA INGO BAUMANN

48 InsideGNSS M A R C H / A P R I L 2 0 1 6 www.insidegnss.com

FIGURE 1 Basic scheme of Russian Federation PNT System

InsurancePedestrians

Satellites

UnderseaUndergroundMotor transport

Boat tra�cGeodesy

VLBIVOR/DME GRAS GBAS

RNSS

AGNSS

GLONASS

ILSLoran-Clong range

radio naviationINS

AstroSBAS

Agriculture Timing in Energetics

Forest AreaMonitoringMonitoring in

Capital Construction CommunicationsSystems Timing

Lasers FederalAstro�xNetwork

National Timeand frequency

standard

RailwaysMeteorology

Aviation

Geology IndoorEnabling

development ofapplications

Legal andregulatoryframework Government

monitoringand

supervisionManaging PNTdevelopment

Safety and security

assurance

Geo-information

resources

PNTfundamental

supportGeneration andsustainment of

navigation �elds

User systems ofgovernmentimportance

Set of PNTUser

Resources

Information andTelecommunication

Segment

Set of Supervisory

andRegulatoryResources

Set of CommonResourcesEnsuring

PNT

The legal and regulatory frame-work of the Russian Fed-eration covers not only the GLONASS system, but the

country’s overall positioning, navigation and timing (PNT) system as well.

The term PNT is a synonym for navi-gation activities as defined in the Fed-eral Law on Navigation Activities. The PNT system in the Russian Federation is defined as the combination of adminis-trative and technical means that provide spatial and time data to all user groups, with GLONASS as a key element.

Figure 1 shows a basic scheme of the Russian PNT system. It consists of four main elements:

• a set of common resources ensuringPNT (deployment and maintenance of navigation system and services, including GLONASS, PNT funda-mental support, as well as relevant geo-information resources)

• a set of PNT user resources (consist-ing of user systems of public impor-tance, including timing in energy or communications networks as well as systems used for aviation, meteorol-ogy, or geodesy)

• an information and telecommuni-cations segment providing all nec-essary data links, including relevant exchange and transmission proce-dures

LAW, REGULATION, AND OUTLOOK

GLONASS and PNT in RussiaALEXEY BOLKUNOVPNT CENTER, CENTRAL SCIENTIFIC RESEARCH INSTITUTE OF MACHINE BUILDING, RUSSIA

INGO BAUMANNBHO LEGAL

The Russian Federation has a large body of laws, rules, and regulations dealing with positioning, navigation, and timing in general and GLONASS in particular. This column provides an overview of the associated Russian legal environment, authored by a leader of PNT regulatory framework development at the Roscosmos Central Scientific Research Institute of Machine Building.

GNSS & THE LAW

Page 2: LAW, REGULATION, AND OUTLOOK GLONASS and PNT in Russia · PNT in Russia ALEXEY BOLKUNOV PNT CENTER, CENTRAL SCIENTIFIC RESEARCH INSTITUTE OF MACHINE BUILDING, RUSSIA INGO BAUMANN

www.insidegnss.com M A R C H / A P R I L 2 0 1 6 InsideGNSS 49

FIGURE 2 Major PNT stakeholders in the Russian Federation

Fede

ral M

iniste

ries/

Depa

rtmen

ts/Ad

mini

strat

ions/

Agen

cies

Indu

stry -

PNT S

yste

ms

Desig

ners/

Cont

racto

rs

Indu

stry -

User

Equip

men

tDe

signe

rs/M

anuf

actu

rers

PNT-b

ased

Appli

catio

nsM

anuf

actu

rers

President andGovernment Users

OtherGNSS

Providers

Development

Evolution

Operation

Use

• a set of supervisory and regulatoryresources, including safety and secu-rity assurance, public PNT manage-ment, monitoring and supervision, as well as the applicable legal and regulatory framework.

Major PNT Stakeholders in the Russian FederationFigure 2 shows the major stakeholders involved in the Russian PNT system and their relationship over the PNT lifecycle: development, operations, usage, and evolution.

The stakeholders include the presi-dent, the government, several federal executive authorities (FEAs), PNT sys-tem designer and user equipment manu-facturers, PNT-based applications and service providers, and the users.

The figure provides only a general overview of the governance structures. Full involvement of a certain stakeholder

in a certain lifecycle aspect is shown by blue circles, light blue is used where the involvement is partial, and a cross is used in case of no involvement.

Legal and Regulatory FrameworkThe Russian PNT system is subject to a highly complex legal and regulatory framework consisting of more than 900

6June 6-9, 2016Tutorials: June 6 Show Dates: June 7-8Dayton Convention Center, Dayton, Ohio

EXHIBITORS: RESERVE YOUR BOOTH TODAY!

www.ion.org/jncClassified Session will be held June 9 at the Air Force Institute of Technology

“Military Navigation Technology: The Foundation for Military Ops”

Sponsored by:The Military Division of

The Institute of Navigation

Page 3: LAW, REGULATION, AND OUTLOOK GLONASS and PNT in Russia · PNT in Russia ALEXEY BOLKUNOV PNT CENTER, CENTRAL SCIENTIFIC RESEARCH INSTITUTE OF MACHINE BUILDING, RUSSIA INGO BAUMANN

50 InsideGNSS M A R C H / A P R I L 2 0 1 6 www.insidegnss.com

FIGURE 3 PNT Legal and Regulatory FrameworkFIGURE 3 PNT Legal and Regulatory Framework

Acts related toGLONAS as national

infrastructure bydefault (WTO and

others)

GovernmentDecrees and

Directives

PresidentialDecrees and

Directives

Federal Laws

LocalAuthorities

ActsMunicipal

Acts

GLONASS

FederalMinistries/

Departments/Administrations/

Agencies

Acts directlyrelated to

GLONASS (40+)

Federal LawLevel

LegalInstruments

Laws, By-laws

GLONASS/PNT Legal and Regulatory framework goal is enablingexpansion of PNT technologies usage and implementation

Regulatory andStandard-setting

Instruments

Regulations, standards

900+ documents

InternationalLaw Level

Laws By-laws

NavigationSatellites

Subsystem

OperationalControl

Subsystem

Di�erentialSubsystems

UserEquipment

Navigationand

InformationSystems

Geodesy MetrologicalSupport

applicable documents on various levels. The overall framework can be divided into legal and regulatory elements.

The legal framework in Russia deals with subject-to-subject relationships and the regulatory framework, subject-to-object relationships. In simplified terms, “subject” means individuals or communities of any kind, and “object” means physical things such as technical equipment and systems. However, titles of laws or regulations do not always properly reflect this; so, there are legal acts with substantial regulatory (techni-cal) elements, and vice versa.

Figure 3 provides a general overview on the legal (upper left) and regulatory (lower) framework.

The legal framework includes rel-evant international law, all levels of federal law (including residential and governmental decrees and directives, as well as FEA bylaws and acts of regional authorities, down to municipal ordi-nances.

The regulatory framework mainly deals with the GLONASS system and

its functional parts. Various sets of acts define navigation satellites’ subsystems, operational control subsystems, dif-ferential subsystems,user equipment, navigation and information systems, geodetic and metrological support, and data provision.

Legal FrameworkFigure 4 provides a more detailed scheme of the legal framework in the Russian Federation.

International legal instruments to which Russia is party are at the high-est level. These can be divided into the more than 40 instruments that involve GLONASS directly and those involving it indirectly, such as World Trade Orga-nization (WTO) agreements. The second is the federal level and includes laws and bylaws. Presidential and governmental decrees and directives, as well as FEA acts, belong to this category.

The third level encompasses acts on regional level, again including laws and bylaws. This level is mainly focused on road transport monitoring and infra-

structure, especially for governmental users. Finally, there is the level of munic-ipal bylaws.

Of course, a broad range of strategic or programmatic documents also exist, such as development programs, strate-gies, or concepts issued by various exec-utive authorities. These do not form part of the legal and regulatory framework although they may strongly determine its further development. Frequently, they also contain so-called “rules and prin-ciples” of a regulatory nature. Around 80 such relevant strategic or planning documents deal with PNT. PNT-related legal and regulatory instruments exist on all of the previously described levels and include instruments of all types. In most cases — about 60 percent — these cover PNT along with other issues. Those fully devoted to PNT exist mainly on the regional or municipal levels; less than 20 percent are found on the fed-eral level. As GLONASS and other PNT systems and services are mainly used in the transport sector, the most active stakeholder is the Ministry of Transport,

GNSS & THE LAW

Page 4: LAW, REGULATION, AND OUTLOOK GLONASS and PNT in Russia · PNT in Russia ALEXEY BOLKUNOV PNT CENTER, CENTRAL SCIENTIFIC RESEARCH INSTITUTE OF MACHINE BUILDING, RUSSIA INGO BAUMANN

www.insidegnss.com M A R C H / A P R I L 2 0 1 6 InsideGNSS 51

FIGURE 4 PNT Legal Framework

Pr. Decree on Adoption of PriorityDirections for Science, andTechnology Development and ofthe List of the Critical Technologiesof the Russian Federation Ne899 of7 July 2011

Ministry of Transportation Orders on EquippingVehicles with GLONASS/GLONASS-GPS

Ministry of Transportation Orders on User Equipment Requirements

Radionavigation plan

FL onSpace Activities

FL on Geodesyand Mapping

FL on Technical RegulationFL on Motor Third-PartyLiability Insurance

FL on Timing

FL on Navigation Activities

FL on ERA-GLONASS

FL on Uniformity of MeasurementsFL onInformation

Pr. Directive onGLONASS 38-rp of 18February 1999

Pr. Decree on Use of GLONASS (GlobalNavigation Satellite System) for the Bene�t ofSocial and Economics Development of theRussian Federation No638 of 17 May 2007

Acts directlyrelated to

GLONASS (40+)

Acts related toGLONASS as national

infrastructure bydefault (WTO and

others)

LocalAuthorities

ActsMunicipalActs

LocalAuthorities

Acts

Federal Laws (9)

Area of regulation - automobiletransportation monitoring only

Federal Ministries/Administrations/

Departments/AgenciesLevel

Federal Ministries/

Administrations/Departments/

Agencies (14++)

GovernmentDecrees and

Directives (30+)

PresidentialDecrees andDirectives (3)

InternationalLaw Level

FederalLaw Level

Government level

PresidentLevel

Municipal Level

Regional Level

Laws

Laws

By-laws

By-laws

By-laws

which has responsibility for around 9 percent of all relevant instruments.

The most important legal instru-ments affecting the use and operation of GLONASS or PNT in general include the following: • Federal laws — Federal Law no.

5663-1 on Space Activities issued 13.07.2015, Federal Law no. 431 on geodesy and mapping issued 30.12.2015, Federal Law no. 22 on navigation activities issued 13.07.2015, Federal Law no. 395 on ERA-GLONASS system issued 13.07.2015, and Federal Law no. 102 on uniformity of measurements issued 13.07.2015.

• Presidential decrees and direc-tives: President’s Decree no. 638 on Use of GLONASS for the Benefit of Social and Economic Development of the Russian Federation, issued 17.05.2007.

• Governmental decrees and Direc-

tives — Decree on GNSS usage in Transportation and Geodesy; FEA powers in GLONASS sustain-ment, development and usage; some aspects of ERA-GLONASS develop-ment and usage.

• FEA bylaws: Federal Radionaviga-tion Plan; Ministry of Transporta-tion Orders on Equipping Vehicles with GLONASS/GLONASS-GPS; Ministry of Transportation Orders on User Equipment Requirements (Ministry of transportation Orders no. 20, 23, 35, 195, 311, 319, 348, etc.).

Regulatory FrameworkFigure 5 shows a more detailed scheme of the regulatory framework, which, as mentioned earlier, mainly deals with the GLONASS system.

A number of sets of acts define the GLONASS system, including terms and definitions; regulatory documents for GNSS special uses; agencies’ regulatory

documents on special uses, and docu-ments defining timing.

In addition, acts define the two main components of GLONASS: the Opera-tional Control Subsystem (interface control documents or ICDs and techni-cal requirements) and the Navigation Satellites Subsystem (ICD, performance standards and technical requirements).

Other elements of the Russian PNT system are also defined by sets of regula-tory acts.

The f irst part concerns sets of acts generally relating to differential GLONASS subsystems. The five sets include terms and definitions, classifi-cation, general technical requirements, test methods and results, and regulatory documents on subsystem types. Further set of acts address the various types of differential subsystems: wide area, local, and regional.

The second part defines the user equipment and includes eight sets of

Page 5: LAW, REGULATION, AND OUTLOOK GLONASS and PNT in Russia · PNT in Russia ALEXEY BOLKUNOV PNT CENTER, CENTRAL SCIENTIFIC RESEARCH INSTITUTE OF MACHINE BUILDING, RUSSIA INGO BAUMANN

52 InsideGNSS M A R C H / A P R I L 2 0 1 6 www.insidegnss.com

acts. The third part has six sets on navi-gation and information system and the fourth part has six sets on geodesy. The fifth and last part concerns metrology with two sets of acts.

Generally, all the aforementioned sets of acts fully cover all needs of the various PNT users. However, two groups of problems have been identified in the legal and regulatory framework and are now being addressed by relevant stake-holders.

Collisions in the Legal and Regulatory Framework Of these groups of problematic areas, one group exists on the national and the other on the international level.

National level issues include the fol-lowing::• Insufficient coordination within

the legal and regulatory framework has resulted in some cases in colli-sion or gaps. The larger number of instruments are bylaws, not federal

laws. Sometimes, these have been adopted with insufficient recognition of the federal law, potentially leading to contradiction or uncertainties. As an example, some bylaws of the Ministry of Transportation (Min-istry of Transportation Orders on User Equipment Requirements, and so on) conflict with the federal law “On technical regulation.”

• Because technical guidelines, whichare most relevant to users and service providers, are based on bylaws, the aforementioned contradictions or uncertainties may flow down to the technical level.

• Insufficient links exist between thelegal and regulatory acts concern-ing GLONASS and those concern-ing other aspects of the PNT system, such as geodesy, cartography and timing

• Lack of coordination in PNT legaland regulatory activities has arisen between the various levels of govern-

ment, especially on the FEA level.• FEA acts may not meet certain

requirements of the federal law “On technical regulation.”On the international level, the Rus-

sian Federation remains committed to provide for all international users free and non-discriminatory access to the GLONASS open signals, without inten-tional system degradation. The Russian Federal Space Agency acts as coordina-tor at this level and promotes interna-tional cooperation.

In order to support GLONASS use, federal authorities and organizations within their jurisdiction are mandated to use GLONASS- and GLONASS/GPS-based user equipment. For regional and local authorities, use of GLONASS- and GLONASS/GPS-based user equipment is recommended but not mandatory. Such measures promoting the use of the specified GNSS systems are not without criticism, especially with regard to mar-ket-access rules under the WTO agree-

GNSS & THE LAW

FIGURE 5 PNT Regulatory Framework

Automobile VehiclesTechnical Requirementsand Test Methods

Automobile VehiclesTechnical Requirements

GeneralTechnical Requirements

GOST R 55524GOST R 8.750GOST R 8.773

GOST R 55524

GOST R 54023

GOST R 52928

GOST R 8.793

GOST R

GOST R 52865

GOST R 53610

GOST R 31380

GOST R 54459

GOST R 55109Marine Di�erential Subsystems

GOST R 53612Marine Di�erential Subsystems

GOST R 355108Marine Di�erential Subsystems

GOST R 53907Railway Di�erential Subsystems

GOST R 54118Marine Di�erential Subsystems.

User Equipment

GOST R 55538

Classi�cation

General Provisions

Test Methods Standards

Special and Local Reference Systems

Integrated UserEquipment Requirements

Multi-frequency NavigationTerminals TechnicalRequirements

Single-frequencyNavigation TerminalsTechnical Requirements

GeneralRequirements. User

Equipment TestMethods

Technical Requirements toTypes of User Equipment

General TechnicalRequirements

General Requirements.Test Methods and results

Regulatory documentson subsystem types

General TechnicalRequirements

Classi�cation

Classi�cation

Technical Requirements

Interface Control Documents

Interface Control Documents

Performance StandardsTechnical Requirements

Wide-area Local Regional

Terms andDe�nitions

Terms andDe�nitions

Terms and De�nitionsTiming

Agencies’ RegulatoryDocuments onSpecial Uses

RegulatoyDocuments forGNSS Special Uses

Methods and Techniques forLand Engineering

General Requirements forSatellite Geodetic Networks

General TechnicalRequirements

Classi�cation

Terms andDe�nitions

Terms and De�nitionsGOST R 55524

Navigationand

InformationSystems

Metrology

Geodesy

UserEquipment

Di�erentialSubsystems

OperationalControl

Subsystem

NavigationSatellites

Subsystem

GLONASS

GOST R 54625Automobile- and

City Electric Transport

Page 6: LAW, REGULATION, AND OUTLOOK GLONASS and PNT in Russia · PNT in Russia ALEXEY BOLKUNOV PNT CENTER, CENTRAL SCIENTIFIC RESEARCH INSTITUTE OF MACHINE BUILDING, RUSSIA INGO BAUMANN

www.insidegnss.com M A R C H / A P R I L 2 0 1 6 InsideGNSS 53

ments. The matter of market access is subject to exchanges within the Inter-national Committee on GNSS (ICG) Providers Forum.

Way ForwardThese problematic issues on the national level can be addressed by a systemati-zation and harmonization of existing acts, namely by overarching acts called “codes” in Russian legal practice.

One key element could be a future federal law currently entitled the “Navi-gation Code.” Such a code would cover all different PNT elements and activities.

Under the Russian legal system, a code is part of federal law. However, compared to other federal laws, a code is designed to have a long continuity, con-solidated nature, considerable volume, and complicated structure Currently, the navigation code is widely discussed within the legal, administrative and sci-entific communities in the Russian Fed-eration. If adopted, it would become the basis for a more harmonized legal and regulatory framework in the Russian Federation.

In addition, a roadmap for the fur-ther development of the PNT legal and regulatory framework is currently under preparation. It will include three main documents:• PNT development strategy• Legal and regulatory framework

development strategy• National and international regula-

tions and standards development strategy.These documents are mainly aiming

to support the development and adop-tion procedures for the Navigation Code.

ConclusionThis article provides only a brief over-view of legal and regulatory framework for PNT in the Russian Federation. The framework is highly complex. How-ever, despite some problematic areas, it is sufficiently elaborated to allow PNT user groups to function efficiently. The framework is now developing quickly and we can expect that the problems we have discussed will be solved in the near

future. A key element in this respect will be the (“potential” or “future”) naviga-tion code currently under discussion.

Additional ResourcesBolkunov, A., “GLONASS and GNSS Performance Standards: Status and Plans,” Tenth Meeting of the International Committee on Global Navigation Satellite Systems. Working Group A: Systems, Sig-nals and Services. <http://www.unoosa.org/pdf/icg/2015/icg10/wg/wga04.pdf>, Boulder, Colo-rado, United States, November 3–5, 2015, pp. 1-11

Bolkunov, A., “GLONASS/PNT Sustainment and Development Legal and Regulatory Framework: Status and Plans,” Munich Satellite Navigation Sum-mit 2015: Session 5. Legal Issues of GNSS Market Development. <http://www.munich-satellite-navi-gation-summit.org/Summit2015/Presentations15/Proceedings/Session5_Bolkunov_2015.pdf>, Munich, Germany, March 24–26, 2015, pp. 1–9

International Committee on Global Navigation Satellite Systems: The Way Forward. <http://www.unoosa.org/oosa/oosadoc/data/documents/2016/stspace/stspace67_0.html>, United Nations, Office for Outer Space Affairs, 2016

AuthorsAlexey Bolkunov is the head of PNT regulatory framework development laboratory in the Positioning, Navigation and Timing Center, Central Scientific Research Institute of Machine Bui lding in

Korolyov, Russia, which he joined in 2007. A gradu-ate of Moscow Aviation Institute (National Research University), he received his Ph.D. from the same institute. Bolkunov’s research interests include GNSS performance and PNT legal and regulatory framework studies.

Ingo Baumann is co-found-er and partner of BHO Legal in Cologne, Germany, a bou-tique law firm for European high technology projects mainly in the space sector. He studied law at the Universi-

ties of Muenster and Cologne. His doctoral thesis, written at the Institute for Air and Space Law in Cologne, examined the international and European law of satellite communications. Baumann worked several years for the German Aerospace Center (DLR), including as head of the DLR Galileo Project Office and CEO of the DLR operating company for the German Galileo Control Center.