In its ongoing battle against independent internet access, the Cuban regime has declared that using the Starlink satellite service without state authorization is illegal and subject to penalties on the island. A statement released on Facebook by the Unidad Presupuestada Técnica de Control del Espectro Radioeléctrico (UPTCERCuba), an entity under the Ministry of Communications, specifies that unauthorized use of Starlink in Cuba breaches multiple principles laid out by the International Telecommunication Union's (ITU) Radio Regulations, alongside contradicting national laws.
According to the note, the ITU affirms that member states possess absolute sovereignty over their radio spectrum, as detailed in article 1 of its regulations. By operating within frequency bands such as Ku and Ka without coordinating with the Cuban government, Starlink violates this principle due to the absence of any spectrum coordination agreement.
Moreover, it emphasizes that all satellite services must possess an operational license from the relevant national authority—in this case, the Ministry of Communications—and be reported to the ITU. Starlink, however, has not fulfilled these requirements in Cuba, rendering its service illegal under international frameworks.
UPTCERCuba's statement highlights that the ITU supports countries' rights to report unauthorized operations and demand their cessation. As a precedent, it cites the 2022 case in Iran, where the ITU sided with the Iranian government in a complaint against Starlink for similar reasons.
Domestic Implications and Potential Consequences
Domestically, the announcement refers to Resolution 272/2015 from the Ministry of Communications, which bans the import and use of telecommunications equipment without state consent. This includes Starlink terminals, categorized as "transmitting-receiving ground stations," which are subject to regulation and oversight.
Individuals using this service in Cuba risk facing technical interference (such as frequency blocking by the Cuban government), equipment confiscation, and fines. Although the ITU lacks enforcement power, it could issue a symbolic resolution against SpaceX, potentially harming its international reputation.
Starlink's Controversial Presence in Cuba
Despite Starlink being officially unavailable in Cuba, some residents have managed to install and use the equipment for months. The import of satellite internet stations like Starlink is officially prohibited. According to the Ministry of Communications' Resolution 272/2015, bringing "satellite communication ground stations and terminals" into the country—like Starlink devices—requires a special permit, which is seldom granted.
However, an investigation by elTOQUE discovered over a dozen ads for Starlink equipment sales in Cuban Facebook groups and more than 60 similar offers on the Revolico sales platform. In response to this "penetration," the Cuban regime has openly declared war on this alternative internet access form. Recently, Cuban telecommunications authorities have blamed individuals using illegal equipment for deteriorating phone and mobile network service quality amid severe economic and financial pressures.
They explained that non-certified antennas and repeaters interfere with radio base signals, directly affecting network performance in specific areas of the country.
Understanding Starlink's Legal Challenges in Cuba
Why is Starlink considered illegal in Cuba?
Starlink is deemed illegal in Cuba because it operates without coordination with the Cuban government and lacks the necessary operational license from the Ministry of Communications, violating both national laws and ITU regulations.
What consequences do individuals face for using Starlink in Cuba?
Individuals using Starlink in Cuba may face technical interference from the government, confiscation of equipment, and fines due to the illegal status of the service.
Has Starlink faced similar legal issues in other countries?
Yes, Iran presented a similar case in 2022, where the ITU ruled in favor of the Iranian government against Starlink for unauthorized operations.