-CITE-

47 USC CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

-HEAD-

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

701. Congressional declaration of policy and purpose.

(a) Policy.

(b) Availability of telecommunication services.

(c) Private enterprise; access; competition.

(d) Domestic use; additional systems.

702. Definitions.

SUBCHAPTER II - FEDERAL COORDINATION, PLANNING, AND REGULATION

721. Implementation of policy.

(a) Executive functions; review; agency

coordination; supervision of foreign

relationships; compatibility with domestic and

foreign facilities.

(b) Omitted.

(c) Commission functions; discrimination; just and

reasonable charges, classifications,

practices, regulations and other terms and

conditions; allocation of facilities;

technical approval; construction and operation

authorizations; rules and regulations.

SUBCHAPTER III - COMMUNICATIONS SATELLITE CORPORATION

731. Creation of corporation.

732. Applicable laws.

733 to 735. Omitted.

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

741. Common carrier status of corporation; laws applicable

to corporation; common carrier activity; conflict of

laws.

742. Foreign business negotiations of corporation; notice

to Department of State; advice and assistance from

Department of State.

743. Sanctions.

(a) Petition of Attorney General for equitable

relief; venue.

(b) Punishment, liability or sanction under other

provisions.

(c) Duty of compliance with provisions of chapter

and rules and regulations.

744. Reports to Congress.

SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS

751, 752. Omitted.

753. Implementation of policy.

(a) Administrative functions; agency coordination;

spectrum and orbital space use; compatibility

with domestic and foreign facilities.

(b) Executive functions; supervision and

instructions for foreign relationships and

activities.

(c) Omitted.

(d) Commission regulatory instructions; conflicting

and prevailing instructions of President.

754 to 756. Repealed.

757. Definitions.

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

PART A - ACTIONS TO ENSURE PRO-COMPETITIVE PRIVATIZATION

761. Federal Communications Commission licensing.

(a) Licensing for separated entities.

(b) Licensing for INTELSAT, Inmarsat, and successor

entities.

(c) Additional considerations in determinations.

(d) Independent facilities competition.

761a. Incentives; limitation on expansion pending

privatization.

(a) Limitation.

(b) Orbital location incentives.

PART B - FEDERAL COMMUNICATIONS COMMISSION LICENSING CRITERIA:

PRIVATIZATION CRITERIA

763. General criteria to ensure a pro-competitive

privatization of INTELSAT and Inmarsat.

763a. Specific criteria for INTELSAT.

763b. Specific criteria for INTELSAT separated entities.

763c. Specific criteria for Inmarsat.

763d. Encouraging market access and privatization.

(a) NTIA determination.

(b) Imposition of cost-based settlement rate.

(c) Settlements policy.

PART C - DEREGULATION AND OTHER STATUTORY CHANGES

765. Access to INTELSAT.

(a) Access permitted.

(b) Rulemaking.

(c) Contract preservation.

765a. Signatory role.

(a) Limitation on signatories.

(b) Clarification of privileges and immunities of

COMSAT.

(c) Parity of treatment.

765b. Elimination of procurement preferences.

765c. ITU functions.

(a) Technical coordination.

(b) ITU notifying administration.

765d. Termination of provisions of this chapter.

765e. Reports to Congress.

(a) Annual reports.

(b) Contents of reports.

765f. Satellite auctions.

765g. Exclusivity arrangements.

(a) In general.

(b) Exception.

PART D - NEGOTIATIONS TO PURSUE PRIVATIZATION

767. Methods to pursue privatization.

PART E - DEFINITIONS

769. Definitions.

(a) In general.

(b) Common terminology.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 902 of this title; title

26 sections 168, 883.

-End-

-CITE-

47 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

47 USC Sec. 701 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 701. Congressional declaration of policy and purpose

-STATUTE-

(a) Policy

The Congress declares that it is the policy of the United States

to establish, in conjunction and in cooperation with other

countries, as expeditiously as practicable a commercial

communications satellite system, as part of an improved global

communications network, which will be responsive to public needs

and national objectives, which will serve the communication needs

of the United States and other countries, and which will contribute

to world peace and understanding.

(b) Availability of telecommunication services

The new and expanded telecommunication services are to be made

available as promptly as possible and are to be extended to provide

global coverage at the earliest practicable date. In effectuating

this program, care and attention will be directed toward providing

such services to economically less developed countries and areas as

well as those more highly developed, toward efficient and

economical use of the electromagnetic frequency spectrum, and

toward the reflection of the benefits of this new technology in

both quality of services and charges for such services.

(c) Private enterprise; access; competition

In order to facilitate this development and to provide for the

widest possible participation by private enterprise, United States

participation in the global system shall be in the form of a

private corporation, subject to appropriate governmental

regulation. It is the intent of Congress that all authorized users

shall have nondiscriminatory access to the system; that maximum

competition be maintained in the provision of equipment and

services utilized by the system; that the corporation created under

this chapter be so organized and operated as to maintain and

strengthen competition in the provision of communications services

to the public; and that the activities of the corporation created

under this chapter and of the persons or companies participating in

the ownership of the corporation shall be consistent with the

Federal antitrust laws.

(d) Domestic use; additional systems

It is not the intent of Congress by this chapter to preclude the

use of the communications satellite system for domestic

communication services where consistent with the provisions of this

chapter nor to preclude the creation of additional communications

satellite systems, if required to meet unique governmental needs or

if otherwise required in the national interest.

-SOURCE-

(Pub. L. 87-624, title I, Sec. 102, Aug. 31, 1962, 76 Stat. 419.)

-STATAMEND-

TERMINATION OF SECTION

Section to cease to be effective on the effective date of a

Commission order determining under section 761(b)(2) of this title

that INTELSAT privatization is consistent with criteria in sections

763 and 763a of this title, see section 765d(4) of this title.

-REFTEXT-

REFERENCES IN TEXT

The Federal antitrust laws, referred to in subsec. (c), are

classified generally to chapter 1 (Sec. 1 et seq.) of Title 15,

Commerce and Trade.

-MISC1-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-180, Sec. 1, Mar. 17, 2000, 114 Stat. 48, provided

that: "This Act [enacting subchapter VI of this chapter] may be

cited as the 'Open-market Reorganization for the Betterment of

International Telecommunications Act' or the 'ORBIT Act'."

SHORT TITLE

Section 101 of Pub. L. 87-624 provided that: "This Act [enacting

this chapter] may be cited as the 'Communications Satellite Act of

1962'."

Pub. L. 87-624, title V, Sec. 501, as added by Pub. L. 95-564,

Nov. 1, 1978, 92 Stat. 2392, provided that: "This title [enacting

subchapter V of this chapter] may be cited as the 'International

Maritime Satellite Telecommunications Act'."

STYLISTIC CONSISTENCY

Pub. L. 103-414, title III, Sec. 303(f), Oct. 25, 1994, 108 Stat.

4296, provided that: "The Communications Act of 1934 [47 U.S.C. 151

et seq.] and the Communications Satellite Act of 1962 [47 U.S.C.

701 et seq.] are amended so that the section designation and

section heading of each section of such Acts shall be in the form

and typeface of the section designation and heading of this section

[108 Stat. 4294]."

INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION

Pub. L. 99-93, title I, Sec. 146, Aug. 16, 1985, 99 Stat. 425,

provided that:

"(a) Policy. - The Congress declares that it is the policy of the

United States -

"(1) as a party to the International Telecommunications

Satellite Organization (hereafter in this section referred to as

'Intelsat'), to foster and support the global commercial

communications satellite system owned and operated by Intelsat;

"(2) to make available to consumers a variety of communications

satellite services utilizing the space segment facilities of

Intelsat and any additional such facilities which are found to be

in the national interest and which -

"(A) are technically compatible with the use of the radio

frequency spectrum and orbital space by the existing or planned

Intelsat space segment, and

"(B) avoid significant economic harm to the global system of

Intelsat; and

"(3) to authorize use and operation of any additional space

segment facilities only if the obligations of the United States

under article XIV(d) of the Intelsat Agreement have been met.

"(b) Preconditions for Intelsat Consultation. - Before consulting

with Intelsat for purposes of coordination of any separate

international telecommunications satellite system under article

XIV(d) of the Intelsat Agreement, the Secretary of State shall -

"(1) in coordination with the Secretary of Commerce, ensure

that any proposed separate international satellite

telecommunications system comply with the Executive Branch

conditions established pursuant to the Presidential Determination

No. 85-2 [49 F.R. 46987]; and

"(2) ensure that one or more foreign authorities have

authorized the use of such system consistent with such

conditions.

"(c) Amendment of Intelsat Agreement. - (1) The Secretary of

State shall consult with the United States signatory to Intelsat

and the Secretary of Commerce regarding the appropriate scope and

character of a modification to article V(d) of the Intelsat

Agreement which would permit Intelsat to establish cost-based rates

for individual traffic routes, as exceptional circumstances

warrant, paying particular attention to the need for avoiding

significant economic harm to the global system of Intelsat as well

as United States national and foreign policy interests.

"(2)(A) To ensure that rates established by Intelsat for such

routes are cost-based, the Secretary of State, in consultation with

the Secretary of Commerce and the Chairman of the Federal

Communications Commission, shall instruct the United States

signatory to Intelsat to ensure that sufficient documentation,

including documentation regarding revenues and costs, is provided

by Intelsat so as to verify that such rates are in fact cost-based.

"(B) To the maximum extent possible, such documenation

[documentation] will be made available to interested parties on a

timely basis.

"(3) Pursuant to the consultation under paragraph (1) and taking

the steps prescribed in paragraph (2) to provide documentation, the

United States shall support an appropriate modification to article

V(d) of the Intelsat Agreement to accomplish the purpose described

in paragraph (1).

"(d) Congressional Consultation. - In the event that, after

United States consultation with Intelsat for the purposes of

coordination under article XIV(d) of the Intelsat Agreement for the

establishment of a separate international telecommunications

satellite system, the Assembly of Parties of Intelsat fails to

recommend such a separate system, and the President determines to

pursue the establishment of a separate system notwithstanding the

Assembly's failure to approve such system, the Secretary of State,

after consultation with the Secretary of Commerce, shall submit to

the Congress a detailed report which shall set forth -

"(1) the foreign policy reasons for the President's

determination, and

"(2) a plan for minimizing any negative effects of the

President's action on Intelsat and on United States foreign

policy interests.

"(e) Notification to Federal Communications Commission. - In the

event the Secretary of State submits a report under subsection (d),

the Secretary, 60 calendar days after the receipt by the Congress

of such report, shall notify the Federal Communications Commission

as to whether the United States obligations under article XIV(d) of

the Intelsat Agreement have been met.

"(f) Implementation. - In implementing the provisions of this

section, the Secretary of State shall act in accordance with

Executive order 12046 [set out under section 305 of this title].

"(g) Definition. - For the purposes of this section, the term

'separate international telecommunications satellite system' or

'separate system' means a system of one or more telecommunications

satellites separate from the Intelsat space segment which is

established to provide international telecommunications services

between points within the United States and points outside the

United States, except that such term shall not include any

satellite or system of satellites established -

"(1) primarily for domestic telecommunications purposes and

which incidentally provides services on an ancillary basis to

points outside the jurisdiction of the United States but within

the western hemisphere, or

"(2) solely for unique governmental purposes."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 743, 765d of this title.

-End-

-CITE-

47 USC Sec. 702 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 702. Definitions

-STATUTE-

As used in this chapter, and unless the context otherwise

requires -

(1) the term "communications satellite system" refers to a

system of communications satellites in space whose purpose is to

relay telecommunication information between satellite terminal

stations, together with such associated equipment and facilities

for tracking, guidance, control, and command functions as are not

part of the generalized launching, tracking, control, and command

facilities for all space purposes;

(2) the term "satellite terminal station" refers to a complex

of communication equipment located on the earth's surface,

operationally connected with one or more terrestrial

communication systems, and capable of transmitting

telecommunications to or receiving telecommunications from a

communications satellite system.

(3) the term "communications satellite" means an earth

satellite which is intentionally used to relay telecommunication

information;

(4) the term "associated equipment and facilities" refers to

facilities other than satellite terminal stations and

communications satellites, to be constructed and operated for the

primary purpose of a communications satellite system, whether for

administration and management, for research and development, or

for direct support of space operations;

(5) the term "research and development" refers to the

conception, design, and first creation of experimental or

prototype operational devices for the operation of a

communications satellite system, including the assembly of

separate components into a working whole, as distinguished from

the term "production," which relates to the construction of such

devices to fixed specifications compatible with repetitive

duplication for operational applications; and

(6) the term "telecommunication" means any transmission,

emission or reception of signs, signals, writings, images, and

sounds or intelligence of any nature by wire, radio, optical, or

other electromagnetic systems.

(7) the term "communications common carrier" has the same

meaning as the term "common carrier" has when used in the

Communications Act of 1934, as amended [47 U.S.C. 151 et seq.],

and in addition includes, but only for purposes of sections 733

and 734 (!1) of this title, any individual, partnership,

association, joint-stock company, trust, corporation, or other

entity which owns or controls, directly or indirectly, or is

under direct or indirect common control with, any such carrier;

and the term "authorized carrier", except as otherwise provided

for purposes of section 734 (!1) of this title by section

734(b)(1) (!1) of this title, means a communications common

carrier which has been authorized by the Federal Communications

Commission under the Communications Act of 1934, as amended, to

provide services by means of communications satellites;

(8) the term "corporation" means the corporation authorized by

subchapter III of this chapter.

(9) the term "Administration" means the National Aeronautics

and Space Administration; and

(10) the term "Commission" means the Federal Communications

Commission.

-SOURCE-

(Pub. L. 87-624, title I, Sec. 103, Aug. 31, 1962, 76 Stat. 419.)

-STATAMEND-

TERMINATION OF PARAGRAPH (7)

Paragraph (7) to cease to be effective on the effective date of a

Commission order determining under section 761(b)(2) of this title

that INTELSAT privatization is consistent with criteria in sections

763 and 763a of this title, see section 765d(4) of this title.

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, as amended, referred to in par.

(7), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended,

which is classified principally to chapter 5 (Sec. 151 et seq.) of

this title. For complete classification of this Act to the Code,

see section 609 of this title and Tables.

Sections 733 and 734 of this title, referred to in par. (7), were

omitted from the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 765d of this title; title

26 section 168.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

47 USC SUBCHAPTER II - FEDERAL COORDINATION, PLANNING,

AND REGULATION 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER II - FEDERAL COORDINATION, PLANNING, AND REGULATION

-HEAD-

SUBCHAPTER II - FEDERAL COORDINATION, PLANNING, AND REGULATION

-End-

-CITE-

47 USC Sec. 721 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER II - FEDERAL COORDINATION, PLANNING, AND REGULATION

-HEAD-

Sec. 721. Implementation of policy

-STATUTE-

In order to achieve the objectives and to carry out the purposes

of this chapter -

(a) Executive functions; review; agency coordination; supervision

of foreign relationships; compatibility with domestic and foreign

facilities

the President shall -

(1) omitted;

(2) provide for continuous review of all phases of the

development and operation of such a system, including the

activities of a communications satellite corporation authorized

under subchapter III of this chapter;

(3) coordinate the activities of governmental agencies with

responsibilities in the field of telecommunication, so as to

insure that there is full and effective compliance at all times

with the policies set forth in this chapter;

(4) exercise such supervision over relationships of the

corporation with foreign governments or entities or with

international bodies as may be appropriate to assure that such

relationships shall be consistent with the national interest and

foreign policy of the United States;

(5), (6) omitted;

(7) so exercise his authority as to help attain coordinated and

efficient use of the electromagnetic spectrum and the technical

compatibility of the system with existing communications

facilities both in the United States and abroad.

(b) Omitted

(c) Commission functions; discrimination; just and reasonable

charges, classifications, practices, regulations and other terms

and conditions; allocation of facilities; technical approval;

construction and operation authorizations; rules and regulations

the Federal Communications Commission, in its administration of

the provisions of the Communications Act of 1934, as amended [47

U.S.C. 151 et seq.], and as supplemented by this chapter, shall -

(1) omitted;

(2) insure that all present and future authorized carriers

shall have nondiscriminatory use of, and equitable access to, the

communications satellite system and satellite terminal stations

under just and reasonable charges, classifications, practices,

regulations, and other terms and conditions and regulate the

manner in which available facilities of the system and stations

are allocated among such users thereof;

(3) to (5) omitted;

(6) approve technical characteristics of the operational

communications satellite system to be employed by the corporation

and of the satellite terminal stations; and

(7) grant appropriate authorizations for the construction and

operation of each satellite terminal station, either to the

corporation or to one or more authorized carriers or to the

corporation and one or more such carriers jointly, as will best

serve the public interest, convenience, and necessity. In

determining the public interest, convenience, and necessity the

Commission shall authorize the construction and operation of such

stations by communications common carriers or the corporation,

without preference to either;

(8) to (10) omitted;

(11) make rules and regulations to carry out the provisions of

this chapter.

-SOURCE-

(Pub. L. 87-624, title II, Sec. 201, Aug. 31, 1962, 76 Stat. 421;

Pub. L. 103-414, title III, Sec. 304(b)(1), Oct. 25, 1994, 108

Stat. 4297.)

-STATAMEND-

TERMINATION OF SUBSECTIONS (A)(2) TO (4), (7) AND (C)(2), (6), (7)

Subsections (a)(2) to (4), (7) and (c)(2), (6), (7) of this

section to cease to be effective on the effective date of a

Commission order determining under section 761(b)(2) of this title

that INTELSAT privatization is consistent with criteria in sections

763 and 763a of this title, see section 765d(4) of this title.

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, as amended, referred to in

subsec. (c), is act June 19, 1934, ch. 652, 48 Stat. 1064, as

amended, which is classified principally to chapter 5 (Sec. 151 et

seq.) of this title. For complete classification of this Act to the

Code, see section 609 of this title and Tables.

-COD-

CODIFICATION

Subsecs. (a)(1), (5), (6), (b), and (c)(1), (3) to (5), (8) to

(10) of this section ceased to be effective Mar. 17, 2000, pursuant

to section 765d(1) of this title. Prior to being omitted, subsec.

(a)(1), (5) and (6) directed the President to aid in a national

program to establish and operate a commercial communications

satellite system, to insure arrangements were made for foreign

participation in the establishment and use of the system, and to

insure availability and utilization of the system for general

governmental purposes, subsec. (b) directed the National

Aeronautics and Space Administration to give technical advice to

the Commission and to cooperate with, assist, and provide services

to the corporation, and subsec. (c)(1), (3) to (5), (8) to (10)

directed the Federal Communications Commission to insure effective

competition in procurement of services, to require establishment of

communication to a particular foreign point when advised by the

Secretary of State, to insure technical compatibility of the system

with satellite terminal stations, to insure system economies are

reflected in rates, to authorize the corporation to issue stock,

borrow moneys, and assume securities obligations, to insure that

substantial additions to the system or stations are made only when

necessary, and to require necessary additions to be made with

respect to the system or stations.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-414 struck out "as

expeditiously as possible," after "establishment and operation,".

-EXEC-

EXECUTIVE ORDER NO. 11191

Ex. Ord. No. 11191, Jan. 4, 1965, 30 F.R. 29, as amended by Ex.

Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, which related to the

administration of the Communications Satellite Act of 1962 [this

chapter], was revoked by Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R.

13349, set out as a note under section 305 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 765d, 902 of this title.

-End-

-CITE-

47 USC SUBCHAPTER III - COMMUNICATIONS SATELLITE

CORPORATION 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER III - COMMUNICATIONS SATELLITE CORPORATION

-HEAD-

SUBCHAPTER III - COMMUNICATIONS SATELLITE CORPORATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 332, 702, 721, 769,

901 of this title.

-End-

-CITE-

47 USC Sec. 731 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER III - COMMUNICATIONS SATELLITE CORPORATION

-HEAD-

Sec. 731. Creation of corporation

-STATUTE-

There is authorized to be created a communications satellite

corporation for profit which will not be an agency or establishment

of the United States Government.

-SOURCE-

(Pub. L. 87-624, title III, Sec. 301, as added Pub. L. 103-414,

title III, Sec. 304(b)(2), Oct. 25, 1994, 108 Stat. 4297.)

-STATAMEND-

TERMINATION OF SECTION

Section to cease to be effective on the effective date of a

Commission order determining under section 761(b)(2) of this title

that INTELSAT privatization is consistent with criteria in sections

763 and 763a of this title, see section 765d(4) of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 731, Pub. L. 87-624, title III, Sec. 301, Aug.

31, 1962, 76 Stat. 423, authorized creation of a for-profit

communications satellite corporation not to be a Government agency,

subject to this chapter and the District of Columbia Business

Corporation Act, prior to repeal by Pub. L. 103-414, Sec.

304(b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 765d of this title.

-End-

-CITE-

47 USC Sec. 732 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER III - COMMUNICATIONS SATELLITE CORPORATION

-HEAD-

Sec. 732. Applicable laws

-STATUTE-

The corporation shall be subject to the provisions of this

chapter and, to the extent consistent with this chapter, to the

District of Columbia Business Corporation Act. The right to repeal,

alter, or amend this chapter at any time is expressly reserved.

-SOURCE-

(Pub. L. 87-624, title III, Sec. 302, as added Pub. L. 103-414,

title III, Sec. 304(b)(2), Oct. 25, 1994, 108 Stat. 4297.)

-STATAMEND-

TERMINATION OF SECTION

Section to cease to be effective on the effective date of a

Commission order determining under section 761(b)(2) of this title

that INTELSAT privatization is consistent with criteria in sections

763 and 763a of this title, see section 765d(4) of this title.

-REFTEXT-

REFERENCES IN TEXT

The District of Columbia Business Corporation Act, referred to in

text, is act June 8, 1954, ch. 269, 68 Stat. 179, as amended, which

is not classified to the Code.

-MISC1-

PRIOR PROVISIONS

A prior section 732, Pub. L. 87-624, title III, Sec. 302, Aug.

31, 1962, 76 Stat. 423, related to process of organization of the

communications satellite corporation, prior to repeal by Pub. L.

103-414, Sec. 304(b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 765d of this title.

-End-

-CITE-

47 USC Secs. 733, 734 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER III - COMMUNICATIONS SATELLITE CORPORATION

-HEAD-

Secs. 733, 734. Omitted

-COD-

CODIFICATION

Sections ceased to be effective Mar. 17, 2000, pursuant to

section 765d(1) of this title.

Section 733, Pub. L. 87-624, title III, Sec. 303, Aug. 31, 1962,

76 Stat. 423; Pub. L. 91-3, Sec. 1, Mar. 12, 1969, 83 Stat. 4; Pub.

L. 103-414, title III, Sec. 303(b)(1), Oct. 25, 1994, 108 Stat.

4296, related to the board of directors and officers of the

corporation.

Section 734, Pub. L. 87-624, title III, Sec. 304, Aug. 31, 1962,

76 Stat. 424; Pub. L. 97-410, Sec. 5, Jan. 3, 1983, 96 Stat. 2045;

Pub. L. 103-414, title III, Secs. 303(b)(2), (3), 304(b)(3), Oct.

25, 1994, 108 Stat. 4296, 4297, related to financing of the

corporation.

-End-

-CITE-

47 USC Sec. 735 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER III - COMMUNICATIONS SATELLITE CORPORATION

-HEAD-

Sec. 735. Omitted

-COD-

CODIFICATION

Section, Pub. L. 87-624, title III, Sec. 305, Aug. 31, 1962, 76

Stat. 425, which related to powers of the corporation, ceased to be

effective pursuant to section 765d(2) of this title on July 18,

2001.

-End-

-CITE-

47 USC SUBCHAPTER IV - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 332 of this title.

-End-

-CITE-

47 USC Sec. 741 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 741. Common carrier status of corporation; laws applicable to

corporation; common carrier activity; conflict of laws

-STATUTE-

The corporation shall be deemed to be a common carrier within the

meaning of section 3(h) (!1) of the Communications Act of 1934, as

amended, and as such shall be fully subject to the provisions of

title II [47 U.S.C. 201 et seq.] and title III [47 U.S.C. 301 et

seq.] of that Act. The provision of satellite terminal station

facilities by one communication common carrier to one or more other

communications common carriers shall be deemed to be a common

carrier activity fully subject to the Communications Act [47 U.S.C.

151 et seq.]. Whenever the application of the provisions of this

chapter shall be inconsistent with the application of the

provisions of the Communications Act, the provisions of this

chapter shall govern.

-SOURCE-

(Pub. L. 87-624, title IV, Sec. 401, Aug. 31, 1962, 76 Stat. 426.)

-STATAMEND-

TERMINATION OF SECTION

Section to cease to be effective on the effective date of a

Commission order determining under section 761(b)(2) of this title

that INTELSAT privatization is consistent with criteria in sections

763 and 763a of this title, see section 765d(4) of this title.

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Communications Act of 1934 [47 U.S.C. 153],

referred to in text, was subsequently amended, and, as so amended,

no longer contains a subsec. (h) defining "common carrier".

However, such term is defined elsewhere in that section.

The Communications Act of 1934, referred to in text, is act June

19, 1934, ch. 652, 48 Stat. 1964, as amended, which is classified

principally to chapter 5 (Sec. 151 et seq.) of this title. Titles

II and III of the Communications Act of 1934 are classified

generally to subchapters II (Sec. 201 et seq.) and III (Sec. 301 et

seq.), respectively, of chapter 5 of this title. For complete

classification of this Act to the Code, see section 609 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 765d of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

47 USC Sec. 742 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 742. Foreign business negotiations of corporation; notice to

Department of State; advice and assistance from Department of

State

-STATUTE-

Whenever the corporation shall enter into business negotiations

with respect to facilities, operations, or services authorized by

this chapter with any international or foreign entity, it shall

notify the Department of State of the negotiations, and the

Department of State shall advise the corporation of relevant

foreign policy considerations. Throughout such negotiations the

corporation shall keep the Department of State informed with

respect to such considerations. The corporation may request the

Department of State to assist in the negotiations, and that

Department shall render such assistance as may be appropriate.

-SOURCE-

(Pub. L. 87-624, title IV, Sec. 402, Aug. 31, 1962, 76 Stat. 426.)

-STATAMEND-

TERMINATION OF SECTION

Section to cease to be effective on the effective date of a

Commission order determining under section 761(b)(2) of this title

that INTELSAT privatization is consistent with criteria in sections

763 and 763a of this title, see section 765d(4) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 765d of this title.

-End-

-CITE-

47 USC Sec. 743 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 743. Sanctions

-STATUTE-

(a) Petition of Attorney General for equitable relief; venue

If the corporation created pursuant to this chapter shall engage

in or adhere to any action, practices, or policies inconsistent

with the policy and purposes declared in section 701 of this title,

or if the corporation or any other person shall violate any

provision of this chapter, or shall obstruct or interfere with any

activities authorized by this chapter, or shall refuse, fail, or

neglect to discharge his duties and responsibilities under this

chapter, or shall threaten any such violation, obstruction,

interference, refusal, failure, or neglect, the district court of

the United States for any district in which such corporation or

other person resides or may be found shall have jurisdiction,

except as otherwise prohibited by law, upon petition of the

Attorney General of the United States, to grant such equitable

relief as may be necessary or appropriate to prevent or terminate

such conduct or threat.

(b) Punishment, liability or sanction under other provisions

Nothing contained in this section shall be construed as relieving

any person of any punishment, liability, or sanction which may be

imposed otherwise than under this chapter.

(c) Duty of compliance with provisions of chapter and rules and

regulations

It shall be the duty of the corporation and all communications

common carriers to comply, insofar as applicable, with all

provisions of this chapter and all rules and regulations

promulgated thereunder.

-SOURCE-

(Pub. L. 87-624, title IV, Sec. 403, Aug. 31, 1962, 76 Stat. 426.)

-STATAMEND-

TERMINATION OF SECTION

Section to cease to be effective on the effective date of a

Commission order determining under section 761(b)(2) of this title

that INTELSAT privatization is consistent with criteria in sections

763 and 763a of this title, see section 765d(4) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 765d of this title.

-End-

-CITE-

47 USC Sec. 744 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 744. Reports to Congress

-STATUTE-

The corporation shall transmit to the President and the Congress,

annually and at such other times as it deems desirable, a

comprehensive and detailed report of its operations, activities,

and accomplishments under this chapter.

-SOURCE-

(Pub. L. 87-624, title IV, Sec. 404, Aug. 31, 1962, 76 Stat. 426;

Pub. L. 103-414, title III, Sec. 304(b)(4), Oct. 25, 1994, 108

Stat. 4297; Pub. L. 104-66, title II, Sec. 2051(a), Dec. 21, 1995,

109 Stat. 729.)

-STATAMEND-

TERMINATION OF SECTION

Section to cease to be effective on the effective date of a

Commission order determining under section 761(b)(2) of this title

that INTELSAT privatization is consistent with criteria in sections

763 and 763a of this title, see section 765d(4) of this title.

-MISC1-

AMENDMENTS

1995 - Subsec. (c). Pub. L. 104-66, which directed that this

section be amended by striking out subsec. (c), could not be

executed, because of a prior amendment by Pub. L. 103-414. See 1994

Amendment note below.

1994 - Pub. L. 103-414 redesignated subsec. (b) as entire section

and struck out subsecs. (a) and (c) which read as follows:

"(a) The President shall transmit to the Congress in January of

each year a report which shall include a comprehensive description

of the activities and accomplishments during the preceding calendar

year under the national program referred to in section 721(a)(1) of

this title, together with an evaluation of such activities and

accomplishments in terms of the attainment of the objectives of

this chapter and any recommendations for additional legislative or

other action which the President may consider necessary or

desirable for the attainment of such objectives.

"(c) The Commission shall transmit to the Congress, annually and

at such other times as it deems desirable, (i) a report of its

activities and actions on anticompetitive practices as they apply

to the communications satellite programs; (ii) an evaluation of

such activities and actions taken by it within the scope of its

authority with a view to recommending such additional legislation

which the Commission may consider necessary in the public interest;

and (iii) an evaluation of the capital structure of the corporation

so as to assure the Congress that such structure is consistent with

the most efficient and economical operation of the corporation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 765d, 904 of this title.

-End-

-CITE-

47 USC SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE

TELECOMMUNICATIONS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS

-HEAD-

SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS

-End-

-CITE-

47 USC Secs. 751, 752 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS

-HEAD-

Secs. 751, 752. Omitted

-COD-

CODIFICATION

Sections ceased to be effective Mar. 17, 2000, pursuant to

section 765d(1) of this title.

Section 751, Pub. L. 87-624, title V, Sec. 502, as added Pub. L.

95-564, Nov. 1, 1978, 92 Stat. 2392; amended Pub. L. 103-414, title

III, Sec. 303(b)(4), Oct. 25, 1994, 108 Stat. 4296, related to

congressional declaration of policy and purpose of this subchapter.

Section 752, Pub. L. 87-624, title V, Sec. 503, as added Pub. L.

95-564, Nov. 1, 1978, 92 Stat. 2392; amended Pub. L. 103-414, title

III, Secs. 303(b)(4), 304(b)(5), Oct. 25, 1994, 108 Stat. 4296,

4297, related to the corporation's status as the sole designated

operating entity of the United States.

-End-

-CITE-

47 USC Sec. 753 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS

-HEAD-

Sec. 753. Implementation of policy

-STATUTE-

(a) Administrative functions; agency coordination; spectrum and

orbital space use; compatibility with domestic and foreign

facilities

The Secretary of Commerce shall -

(1) coordinate the activities of Federal agencies with

responsibilities in the field of telecommunications (other than

the Commission), so as to ensure that there is full and effective

compliance with the provisions of this subchapter;

(2) omitted;

(3) exercise his authority in a manner which seeks to obtain

coordinated and efficient use of the electromagnetic spectrum and

orbital space, and to ensure the technical compatibility of the

space segment with existing communications facilities in the

United States and in foreign countries; and

(4) omitted;

(b) Executive functions; supervision and instructions for foreign

relationships and activities

The President shall exercise such supervision over, and issue

such instructions to, the corporation in connection with its

relationships and activities with foreign governments,

international entities, and INMARSAT as may be necessary to ensure

that such relationships and activities are consistent with the

national interest and foreign policy of the United States.

(c) Omitted

(d) Commission regulatory instructions; conflicting and prevailing

instructions of President

The Commission is authorized to issue instructions to the

corporation with respect to regulatory matters within the

jurisdiction of the Commission. In the event an instruction of the

Commission conflicts with an instruction of the President pursuant

to subsection (b) of this section, the instructions issued by the

President shall prevail.

-SOURCE-

(Pub. L. 87-624, title V, Sec. 504, as added Pub. L. 95-564, Nov.

1, 1978, 92 Stat. 2394.)

-STATAMEND-

TERMINATION OF SUBSECTIONS (B) AND (D)

Subsections (b) and (d) of this section to cease to be effective

on the effective date of a Commission order determining under

section 761(b)(2) of this title that Inmarsat privatization is

consistent with criteria in sections 763 and 763c of this title,

see section 765d(3) of this title.

-COD-

CODIFICATION

Subsecs. (a)(2), (4) and (c) of this section ceased to be

effective Mar. 17, 2000, pursuant to section 765d(1) of this title.

Subsec. (a)(2), (4) directed the Secretary of Commerce to ensure

availability and utilization of the maritime satellite

telecommunications services provided by INMARSAT for general

governmental purposes and to determine the needs of users of the

maritime satellite telecommunications system and to communicate

that information to INMARSAT. Subsec. (c) assigned functions to the

Commission.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 765d, 902 of this title.

-End-

-CITE-

47 USC Secs. 754 to 756 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS

-HEAD-

Secs. 754 to 756. Repealed. Pub. L. 103-414, title III, Sec.

304(b)(5), Oct. 25, 1994, 108 Stat. 4298

-MISC1-

Section 754, Pub. L. 87-624, title V, Sec. 505, as added Pub. L.

95-564, Nov. 1, 1978, 92 Stat. 2395, related to study of structure

and activities of corporation.

Section 755, Pub. L. 87-624, title V, Sec. 506, as added Pub. L.

95-564, Nov. 1, 1978, 92 Stat. 2395, related to study of public

maritime coast station services.

Section 756, Pub. L. 87-624, title V, Sec. 507, as added Pub. L.

95-564, Nov. 1, 1978, 92 Stat. 2396, related to study of radio

navigation systems.

-End-

-CITE-

47 USC Sec. 757 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER V - INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS

-HEAD-

Sec. 757. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "person" includes an individual, partnership,

association, joint stock company, trust, or corporation;

(2) the term "satellite earth terminal station" means a complex

of communications equipment located on land, operationally

interconnected with one or more terrestrial communications

systems, and capable of transmitting telecommunications to, or

receiving telecommunications from, the space segment;

(3) the term "space segment" means any satellite (or capacity

on a satellite) maintained under the authority of INMARSAT, for

the purpose of providing international maritime

telecommunications services, and the tracking, telemetry,

command, control, monitoring, and related facilities and

equipment required to support the operation of such satellite;

and

(4) the term "State" means the several States, the District of

Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin

Islands, the Trust Territory of the Pacific Islands, and any

other territory or possession of the United States.

-SOURCE-

(Pub. L. 87-624, title V, Sec. 505, formerly Sec. 508, as added

Pub. L. 95-564, Nov. 1, 1978, 92 Stat. 2396; renumbered Sec. 505,

Pub. L. 103-414, title III, Sec. 304(b)(6), Oct. 25, 1994, 108

Stat. 4298.)

-MISC1-

PRIOR PROVISIONS

A prior section 505 of Pub. L. 87-624 was classified to section

754 of this title prior to repeal by Pub. L. 103-414, Sec.

304(b)(5).

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

47 USC SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND

PRIVATIZATION 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

-HEAD-

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

-End-

-CITE-

47 USC Part A - Actions To Ensure Pro-Competitive

Privatization 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part A - Actions To Ensure Pro-Competitive Privatization

-HEAD-

PART A - ACTIONS TO ENSURE PRO-COMPETITIVE PRIVATIZATION

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 763, 763a, 763b, 763c of

this title.

-End-

-CITE-

47 USC Sec. 761 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part A - Actions To Ensure Pro-Competitive Privatization

-HEAD-

Sec. 761. Federal Communications Commission licensing

-STATUTE-

(a) Licensing for separated entities

(1) Competition test

The Commission may not issue a license or construction permit

to any separated entity, or renew or permit the assignment or use

of any such license or permit, or authorize the use by any entity

subject to United States jurisdiction of any space segment owned,

leased, or operated by any separated entity, unless the

Commission determines that such issuance, renewal, assignment, or

use will not harm competition in the telecommunications market of

the United States. If the Commission does not make such a

determination, it shall deny or revoke authority to use space

segment owned, leased, or operated by the separated entity to

provide services to, from, or within the United States.

(2) Criteria for competition test

In making the determination required by paragraph (1), the

Commission shall use the licensing criteria in sections 763 and

763b of this title, and shall not make such a determination

unless the Commission determines that the privatization of any

separated entity is consistent with such criteria.

(b) Licensing for INTELSAT, Inmarsat, and successor entities

(1) Competition test

(A) In general

In considering the application of INTELSAT, Inmarsat, or

their successor entities for a license or construction permit,

or for the renewal or assignment or use of any such license or

permit, or in considering the request of any entity subject to

United States jurisdiction for authorization to use any space

segment owned, leased, or operated by INTELSAT, Inmarsat, or

their successor entities, to provide non-core services to,

from, or within the United States, the Commission shall

determine whether -

(i) after April 1, 2001, in the case of INTELSAT and its

successor entities, INTELSAT and any successor entities have

been privatized in a manner that will harm competition in the

telecommunications markets of the United States; or

(ii) after April 1, 2000, in the case of Inmarsat and its

successor entities, Inmarsat and any successor entities have

been privatized in a manner that will harm competition in the

telecommunications markets of the United States.

(B) Consequences of determination

If the Commission determines that such competition will be

harmed or that grant of such application or request for

authority is not otherwise in the public interest, the

Commission shall limit through conditions or deny such

application or request, and limit or revoke previous

authorizations to provide non-core services to, from, or within

the United States. After due notice and opportunity for

comment, the Commission shall apply the same limitations,

restrictions, and conditions to all entities subject to United

States jurisdiction using space segment owned, leased, or

operated by INTELSAT, Inmarsat, or their successor entities.

(C) National security, law enforcement, and public safety

The Commission shall not impose any limitation, condition, or

restriction under subparagraph (B) in a manner that will, or is

reasonably likely to, result in limitation, denial, or

revocation of authority for non-core services that are used by

and required for a national security agency or law enforcement

department or agency of the United States, or used by and

required for, and otherwise in the public interest, any other

Department or Agency of the United States to protect the health

and safety of the public. Such services may be obtained by the

United States directly from INTELSAT, Inmarsat, or a successor

entity, or indirectly through COMSAT, or authorized carriers or

distributors of the successor entity.

(D) Rule of construction

Nothing in this subsection is intended to preclude the

Commission from acting upon applications of INTELSAT, Inmarsat,

or their successor entities prior to the latest date set out in

section 763(5)(A) of this title, including such actions as may

be necessary for the United States to become the licensing

jurisdiction for INTELSAT, but the Commission shall condition a

grant of authority pursuant to this subsection upon compliance

with sections 763 and 763a of this title.

(2) Criteria for competition test

In making the determination required by paragraph (1), the

Commission shall use the licensing criteria in sections 763,

763a, and 763c of this title, and shall determine that

competition in the telecommunications markets of the United

States will be harmed unless the Commission finds that the

privatization referred to in paragraph (1) is consistent with

such criteria.

(3) Clarification: competitive safeguards

In making its licensing decisions under this subsection, the

Commission shall consider whether users of non-core services

provided by INTELSAT or Inmarsat or successor or separated

entities are able to obtain non-core services from providers

offering services other than through INTELSAT or Inmarsat or

successor or separated entities, at competitive rates, terms, or

conditions. Such consideration shall also include whether such

licensing decisions would require users to replace equipment at

substantial costs prior to the termination of its design life. In

making its licensing decisions, the Commission shall also

consider whether competitive alternatives in individual markets

do not exist because they have been foreclosed due to

anticompetitive actions undertaken by or resulting from the

INTELSAT or Inmarsat systems. Such licensing decisions shall be

made in a manner which facilitates achieving the purposes and

goals in this subchapter and shall be subject to notice and

comment.

(c) Additional considerations in determinations

In making its determinations and licensing decisions under

subsections (a) and (b) of this section, the Commission shall

construe such subsections in a manner consistent with the United

States obligations and commitments for satellite services under the

Fourth Protocol to the General Agreement on Trade in Services.

(d) Independent facilities competition

Nothing in this section shall be construed as precluding COMSAT

from investing in or owning satellites or other facilities

independent from INTELSAT and Inmarsat, and successor or separated

entities, or from providing services through reselling capacity

over the facilities of satellite systems independent from INTELSAT

and Inmarsat, and successor or separated entities. This subsection

shall not be construed as restricting the types of contracts which

can be executed or services which may be provided by COMSAT over

the independent satellites or facilities described in this

subsection.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 601, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 48.)

-MISC1-

PURPOSE

Pub. L. 106-180, Sec. 2, Mar. 17, 2000, 114 Stat. 48, provided

that: "It is the purpose of this Act [see Short Title of 2000

Amendment note set out under section 701 of this title] to promote

a fully competitive global market for satellite communication

services for the benefit of consumers and providers of satellite

services and equipment by fully privatizing the intergovernmental

satellite organizations, INTELSAT and Inmarsat."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 765d of this title.

-End-

-CITE-

47 USC Sec. 761a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part A - Actions To Ensure Pro-Competitive Privatization

-HEAD-

Sec. 761a. Incentives; limitation on expansion pending

privatization

-STATUTE-

(a) Limitation

Until INTELSAT, Inmarsat, and their successor or separate

entities are privatized in accordance with the requirements of this

subchapter, INTELSAT, Inmarsat, and their successor or separate

entities, respectively, shall not be permitted to provide

additional services. The Commission shall take all necessary

measures to implement this requirement, including denial by the

Commission of licensing for such services.

(b) Orbital location incentives

Until such privatization is achieved, the United States shall

oppose and decline to facilitate applications by such entities for

new orbital locations to provide such services.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 602, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 50.)

-End-

-CITE-

47 USC Part B - Federal Communications Commission

Licensing Criteria: Privatization

Criteria 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part B - Federal Communications Commission Licensing Criteria:

Privatization Criteria

-HEAD-

PART B - FEDERAL COMMUNICATIONS COMMISSION LICENSING CRITERIA:

PRIVATIZATION CRITERIA

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 767 of this title.

-End-

-CITE-

47 USC Sec. 763 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part B - Federal Communications Commission Licensing Criteria:

Privatization Criteria

-HEAD-

Sec. 763. General criteria to ensure a pro-competitive

privatization of INTELSAT and Inmarsat

-STATUTE-

The President and the Commission shall secure a pro-competitive

privatization of INTELSAT and Inmarsat that meets the criteria set

forth in this section and sections 763a through 763c of this title.

In securing such privatizations, the following criteria shall be

applied as licensing criteria for purposes of part A of this

subchapter:

(1) Dates for privatization

Privatization shall be obtained in accordance with the criteria

of this subchapter of -

(A) INTELSAT as soon as practicable, but no later than April

1, 2001; and

(B) Inmarsat as soon as practicable, but no later than July

1, 2000.

(2) Independence

The privatized successor entities and separated entities of

INTELSAT and Inmarsat shall operate as independent commercial

entities, and have a pro-competitive ownership structure. The

successor entities and separated entities of INTELSAT and

Inmarsat shall conduct an initial public offering in accordance

with paragraph (5) to achieve such independence. Such offering

shall substantially dilute the aggregate ownership of such

entities by such signatories or former signatories. In

determining whether a public offering attains such substantial

dilution, the Commission shall take into account the purposes and

intent, privatization criteria, and other provisions of this

subchapter, as well as market conditions. No intergovernmental

organization, including INTELSAT or Inmarsat, shall have -

(A) an ownership interest in INTELSAT or the successor or

separated entities of INTELSAT; or

(B) more than minimal ownership interest in Inmarsat or the

successor or separated entities of Inmarsat.

(3) Termination of privileges and immunities

The preferential treatment of INTELSAT and Inmarsat shall not

be extended to any successor entity or separated entity of

INTELSAT or Inmarsat. Such preferential treatment includes -

(A) privileged or immune treatment by national governments;

(B) privileges or immunities or other competitive advantages

of the type accorded INTELSAT and Inmarsat and their

signatories through the terms and operation of the INTELSAT

Agreement and the associated Headquarters Agreement and the

Inmarsat Convention; and

(C) preferential access to orbital locations.

Access to new, or renewal of access to, orbital locations shall

be subject to the legal or regulatory processes of a national

government that applies due diligence requirements intended to

prevent the warehousing of orbital locations.

(4) Prevention of expansion during transition

During the transition period prior to privatization under this

subchapter, INTELSAT and Inmarsat shall be precluded from

expanding into additional services.

(5) Conversion to stock corporations

Any successor entity or separated entity created out of

INTELSAT or Inmarsat shall be a national corporation or similar

accepted commercial structure, subject to the laws of the nation

in which incorporated, as follows:

(A) An initial public offering of securities of any successor

entity or separated entity -

(i) shall be conducted, for the successor entities of

INTELSAT, on or about December 31, 2003, except that the

Commission may extend this deadline in consideration of

market conditions and relevant business factors relating to

the timing of an initial public offering, but such extensions

shall not permit such offering to be conducted later than

June 30, 2004; and

(ii) shall be conducted, for the successor entities of

Inmarsat, not later than December 31, 2002, except that the

Commission may extend this deadline to not later than June

30, 2003.

(B) The shares of any successor entities and separated

entities shall be listed for trading on one or more major stock

exchanges with transparent and effective securities regulation.

(C) A majority of the members of the board of directors of

any successor entity or separated entity shall not be

directors, employees, officers, or managers or otherwise serve

as representatives of any signatory or former signatory. No

member of the board of directors of any successor or separated

entity shall be a director, employee, officer or manager of any

intergovernmental organization remaining after the

privatization.

(D) Any successor entity or separated entity shall -

(i) have a board of directors with a fiduciary obligation;

(ii) have no officers or managers who (I) are officers or

managers of any signatories or former signatories, or (II)

have any direct financial interest in or financial

relationship to any signatories or former signatories, except

that such interest may be managed through a blind trust or

similar mechanism;

(iii) have no directors, officers, or managers who hold

such positions in any intergovernmental organization; and

(iv) in the case of a separated entity, have no officers or

directors, who (I) are officers or managers of any

intergovernmental organization, or (II) have any direct

financial interest in or financial relationship to any

international organization, except that such interest may be

managed through a blind trust or similar mechanism.

(E) Any transactions or other relationships between or among

any successor entity, separated entity, INTELSAT, or Inmarsat

shall be conducted on an arm's length basis.

(6) Regulatory treatment

Any successor entity or separated entity created after March

17, 2000, shall apply through the appropriate national licensing

authorities for international frequency assignments and

associated orbital registrations for all satellites.

(7) Competition policies in domiciliary country

Any successor entity or separated entity shall be subject to

the jurisdiction of a nation or nations that -

(A) have effective laws and regulations that secure

competition in telecommunications services;

(B) are signatories of the World Trade Organization Basic

Telecommunications Services Agreement; and

(C) have a schedule of commitments in such Agreement that

includes non-discriminatory market access to their satellite

markets.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 621, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 51; amended Pub. L. 107-77, title VI,

Sec. 628, Nov. 28, 2001, 115 Stat. 804; Pub. L. 107-233, Sec. 1,

Oct. 1, 2002, 116 Stat. 1480.)

-MISC1-

AMENDMENTS

2002 - Par. (5)(A)(i). Pub. L. 107-233 substituted "December 31,

2003," for "October 1, 2001," and "June 30, 2004;" for "December

31, 2002;".

2001 - Par. (5)(A)(ii). Pub. L. 107-77 substituted "not later

than December 31, 2002, except that the Commission may extend this

deadline to not later than June 30, 2003" for "on or about October

1, 2000, except that the Commission may extend this deadline in

consideration of market conditions and relevant business factors

relating to the timing of an initial public offering, but to no

later than December 31, 2001".

IMMIGRATION STATUS OF ALIEN EMPLOYEES OF INTELSAT AFTER

PRIVATIZATION

Title III of Pub. L. 106-396, Oct. 30, 2000, 114 Stat. 1645,

provided for maintenance of nonimmigrant and special immigrant

status of alien employees of INTELSAT and their immediate family

members after privatization, and for treatment of employment for

purposes of obtaining immigrant status as a multinational executive

or manager.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 761, 763a, 763b, 763c,

765a, 765d of this title.

-End-

-CITE-

47 USC Sec. 763a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part B - Federal Communications Commission Licensing Criteria:

Privatization Criteria

-HEAD-

Sec. 763a. Specific criteria for INTELSAT

-STATUTE-

In securing the privatizations required by section 763 of this

title, the following additional criteria with respect to INTELSAT

privatization shall be applied as licensing criteria for purposes

of part A of this subchapter:

(1) (!1) Technical coordination under intelsat agreements. -

Technical coordination shall not be used to impair competition or

competitors, and shall be conducted under International

Telecommunication Union procedures and not under Article XIV(d)

of the INTELSAT Agreement.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 622, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 53.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 761, 763, 765a, 765d of

this title.

-FOOTNOTE-

(!1) So in original. No par. (2) has been enacted.

-End-

-CITE-

47 USC Sec. 763b 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part B - Federal Communications Commission Licensing Criteria:

Privatization Criteria

-HEAD-

Sec. 763b. Specific criteria for INTELSAT separated entities

-STATUTE-

In securing the privatizations required by section 763 of this

title, the following additional criteria with respect to any

INTELSAT separated entity shall be applied as licensing criteria

for purposes of part A of this subchapter:

(1) Date for public offering

Within one year after any decision to create any separated

entity, a public offering of the securities of such entity shall

be conducted. In the case of a separated entity created before

January 1, 1999, such public offering shall be conducted no later

than July 1, 2000, except that the Commission may extend this

deadline in consideration of market conditions and relevant

business factors relating to the timing of an initial public

offering, but such extensions shall not permit such offering to

be conducted later than July 31, 2001.

(2) Interlocking directorates or employees

None of the officers, directors, or employees of any separated

entity shall be individuals who are officers, directors, or

employees of INTELSAT.

(3) Spectrum assignments

After the initial transfer which may accompany the creation of

a separated entity, the portions of the electromagnetic spectrum

assigned as of March 17, 2000, to INTELSAT shall not be

transferred between INTELSAT and any separated entity.

(4) Reaffiliation prohibited

Any merger or ownership or management ties or exclusive

arrangements between a privatized INTELSAT or any successor

entity and any separated entity shall be prohibited until 11

years after the completion of INTELSAT privatization under this

subchapter.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 623, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 53.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 761, 763 of this title.

-End-

-CITE-

47 USC Sec. 763c 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part B - Federal Communications Commission Licensing Criteria:

Privatization Criteria

-HEAD-

Sec. 763c. Specific criteria for Inmarsat

-STATUTE-

In securing the privatizations required by section 763 of this

title, the following additional criteria with respect to Inmarsat

privatization shall be applied as licensing criteria for purposes

of part A of this subchapter:

(1) Reaffiliation prohibited

Any merger, ownership of more than one percent of the voting

securities, or management ties or exclusive arrangements between

Inmarsat or any successor entity or separated entity and ICO

shall be prohibited until 15 years after the completion of

Inmarsat privatization under this subchapter.

(2) Interlocking directorates or employees

None of the officers, directors, or employees of Inmarsat or

any successor entity or separated entity shall be individuals who

are officers, directors, or employees of ICO.

(3) Preservation of the GMDSS

The United States shall seek to preserve space segment capacity

of the GMDSS.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 624, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 54.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 761, 763, 765a, 765d of

this title.

-End-

-CITE-

47 USC Sec. 763d 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part B - Federal Communications Commission Licensing Criteria:

Privatization Criteria

-HEAD-

Sec. 763d. Encouraging market access and privatization

-STATUTE-

(a) NTIA determination

(1) Determination required

Within 180 days after March 17, 2000, the Secretary of Commerce

shall, through the Assistant Secretary for Communications and

Information, transmit to the Commission -

(A) a list of Member countries of INTELSAT and Inmarsat that

are not Members of the World Trade Organization and that impose

barriers to market access for private satellite systems; and

(B) a list of Member countries of INTELSAT and Inmarsat that

are not Members of the World Trade Organization and that are

not supporting pro-competitive privatization of INTELSAT and

Inmarsat.

(2) Consultation

The Secretary's determinations under paragraph (1) shall be

made in consultation with the Federal Communications Commission,

the Secretary of State, and the United States Trade

Representative, and shall take into account the totality of a

country's actions in all relevant fora, including the Assemblies

of Parties of INTELSAT and Inmarsat.

(b) Imposition of cost-based settlement rate

Notwithstanding -

(1) any higher settlement rate that an overseas carrier charges

any United States carrier to originate or terminate international

message telephone services; and

(2) any transition period that would otherwise apply,

the Commission may by rule prohibit United States carriers from

paying an amount in excess of a cost-based settlement rate to

overseas carriers in countries listed by the Commission pursuant to

subsection (a) of this section.

(c) Settlements policy

The Commission shall, in exercising its authority to establish

settlements rates for United States international common carriers,

seek to advance United States policy in favor of cost-based

settlements in all relevant fora on international

telecommunications policy, including in meetings with parties and

signatories of INTELSAT and Inmarsat.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 625, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 54.)

-End-

-CITE-

47 USC Part C - Deregulation and Other Statutory Changes 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part C - Deregulation and Other Statutory Changes

-HEAD-

PART C - DEREGULATION AND OTHER STATUTORY CHANGES

-End-

-CITE-

47 USC Sec. 765 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part C - Deregulation and Other Statutory Changes

-HEAD-

Sec. 765. Access to INTELSAT

-STATUTE-

(a) Access permitted

Beginning on March 17, 2000, users or providers of

telecommunications services shall be permitted to obtain direct

access to INTELSAT telecommunications services and space segment

capacity through purchases of such capacity or services from

INTELSAT. Such direct access shall be at the level commonly

referred to by INTELSAT, on March 17, 2000, as "Level III".

(b) Rulemaking

Within 180 days after March 17, 2000, the Commission shall

complete a rulemaking, with notice and opportunity for submission

of comment by interested persons, to determine if users or

providers of telecommunications services have sufficient

opportunity to access INTELSAT space segment capacity directly from

INTELSAT to meet their service or capacity requirements. If the

Commission determines that such opportunity to access does not

exist, the Commission shall take appropriate action to facilitate

such direct access pursuant to its authority under this chapter and

the Communications Act of 1934 [47 U.S.C. 151 et seq.]. The

Commission shall take such steps as may be necessary to prevent the

circumvention of the intent of this section.

(c) Contract preservation

Nothing in this section shall be construed to permit the

abrogation or modification of any contract.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 641, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 55.)

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in subsec. (b), is

act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is

classified principally to chapter 5 (Sec. 151 et seq.) of this

title. For complete classification of this Act to the Code, see

section 609 of this title and Tables.

-End-

-CITE-

47 USC Sec. 765a 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part C - Deregulation and Other Statutory Changes

-HEAD-

Sec. 765a. Signatory role

-STATUTE-

(a) Limitations on signatories

(1) National security limitations

The Federal Communications Commission, after a public interest

determination, in consultation with the executive branch, may

restrict foreign ownership of a United States signatory if the

Commission determines that not to do so would constitute a threat

to national security.

(2) No signatories required

The United States Government shall not require signatories to

represent the United States in INTELSAT or Inmarsat or in any

successor entities after a pro-competitive privatization is

achieved consistent with sections 763, 763a, and 763c of this

title.

(b) Clarification of privileges and immunities of COMSAT

(1) Generally not immunized

Notwithstanding any other law or executive agreement, COMSAT

shall not be entitled to any privileges or immunities under the

laws of the United States or any State on the basis of its status

as a signatory of INTELSAT or Inmarsat.

(2) Limited immunity

COMSAT or any successor in interest shall not be liable for

action taken by it in carrying out the specific, written

instruction of the United States issued in connection with its

relationships and activities with foreign governments,

international entities, and the intergovernmental satellite

organizations.

(3) No joint or several liability

If COMSAT is found liable for any action taken in its status as

a signatory or a representative of the party to INTELSAT, any

such liability shall be limited to the portion of the judgment

that corresponds to COMSAT's percentage of the ownership of

INTELSAT at the time the activity began which lead to the

liability.

(4) Provisions prospective

Paragraph (1) shall not apply with respect to liability for any

action taken by COMSAT before March 17, 2000.

(c) Parity of treatment

Notwithstanding any other law or executive agreement, the

Commission shall have the authority to impose similar regulatory

fees on the United States signatory which it imposes on other

entities providing similar services.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 642, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 55.)

-End-

-CITE-

47 USC Sec. 765b 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part C - Deregulation and Other Statutory Changes

-HEAD-

Sec. 765b. Elimination of procurement preferences

-STATUTE-

Nothing in this subchapter or the Communications Act of 1934 [47

U.S.C. 151 et seq.] shall be construed to authorize or require any

preference, in Federal Government procurement of telecommunications

services, for the satellite space segment provided by INTELSAT,

Inmarsat, or any successor entity or separated entity.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 643, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 56.)

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in text, is act June

19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified

principally to chapter 5 (Sec. 151 et seq.) of this title. For

complete classification of this Act to the Code, see section 609 of

this title and Tables.

-End-

-CITE-

47 USC Sec. 765c 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part C - Deregulation and Other Statutory Changes

-HEAD-

Sec. 765c. ITU functions

-STATUTE-

(a) Technical coordination

The Commission and United States satellite companies shall

utilize the International Telecommunication Union procedures for

technical coordination with INTELSAT and its successor entities and

separated entities, rather than INTELSAT procedures.

(b) ITU notifying administration

The President and the Commission shall take the action necessary

to ensure that the United States remains the ITU notifying

administration for the privatized INTELSAT's existing and future

orbital slot registrations.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 644, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 56.)

-End-

-CITE-

47 USC Sec. 765d 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part C - Deregulation and Other Statutory Changes

-HEAD-

Sec. 765d. Termination of provisions of this chapter

-STATUTE-

Effective on the dates specified, the following provisions of

this chapter shall cease to be effective:

(1) March 17, 2000: Paragraphs (1), (5) and (6) of section

721(a) of this title; section 721(b) of this title; paragraphs

(1), (3) through (5), and (8) through (10) of section 721(c) of

this title; section 733 of this title; section 734 of this title;

section 751 of this title; section 752 of this title; paragraphs

(2) and (4) of section 753(a) of this title; and section 753(c)

of this title.

(2) Upon the transfer of assets to a successor entity and

receipt by signatories or former signatories (including COMSAT)

of ownership shares in the successor entity of INTELSAT in

accordance with appropriate arrangements determined by INTELSAT

to implement privatization: Section 735 of this title.

(3) On the effective date of a Commission order determining

under section 761(b)(2) of this title that Inmarsat privatization

is consistent with criteria in sections 763 and 763c of this

title: Sections 753(b) and 753(d) of this title.

(4) On the effective date of a Commission order determining

under section 761(b)(2) of this title that INTELSAT privatization

is consistent with criteria in sections 763 and 763a of this

title: Section 701 of this title; section 702(7) of this title;

paragraphs (2) through (4) and (7) of section 721(a) of this

title; paragraphs (2), (6), and (7) of section 721(c) of this

title; section 731 of this title; section 732 of this title;

section 741 of this title; section 742 of this title; section 743

of this title; and section 744 of this title.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 645, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 56.)

-End-

-CITE-

47 USC Sec. 765e 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part C - Deregulation and Other Statutory Changes

-HEAD-

Sec. 765e. Reports to Congress

-STATUTE-

(a) Annual reports

The President and the Commission shall report to the Committees

on Commerce and International Relations of the House of

Representatives and the Committees on Commerce, Science, and

Transportation and Foreign Relations of the Senate within 90

calendar days of March 17, 2000, and not less than annually

thereafter, on the progress made to achieve the objectives and

carry out the purposes and provisions of this subchapter. Such

reports shall be made available immediately to the public.

(b) Contents of reports

The reports submitted pursuant to subsection (a) of this section

shall include the following:

(1) Progress with respect to each objective since the most

recent preceding report.

(2) Views of the Parties with respect to privatization.

(3) Views of industry and consumers on privatization.

(4) Impact privatization has had on United States industry,

United States jobs, and United States industry's access to the

global marketplace.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 646, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 57.)

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-EXEC-

DELEGATION OF RESPONSIBILITY

Memorandum of President of the United States, Aug. 21, 2000, 65

F.R. 52289, provided:

Memorandum for the Secretary of State

By the authority vested in me by the Constitution and the laws of

the United States of America, including section 301 of title 3 of

the United States Code, I hereby delegate to you the functions

vested in me by section 646 of the ORBIT Act (Public Law 106-180)

[probably means section 646 of Pub. L. 87-624, as added by Pub. L.

106-180, 47 U.S.C. 765e], relating to submission of annual reports

to the appropriate congressional committees regarding the

privatization of intergovernmental satellite organizations. The

authority delegated by the memorandum may be further redelegated

within the Department of State.

You are authorized and directed to publish this memorandum in the

Federal Register.

William J. Clinton.

-End-

-CITE-

47 USC Sec. 765f 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part C - Deregulation and Other Statutory Changes

-HEAD-

Sec. 765f. Satellite auctions

-STATUTE-

Notwithstanding any other provision of law, the Commission shall

not have the authority to assign by competitive bidding orbital

locations or spectrum used for the provision of international or

global satellite communications services. The President shall

oppose in the International Telecommunication Union and in other

bilateral and multilateral fora any assignment by competitive

bidding of orbital locations or spectrum used for the provision of

such services.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 647, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 57.)

-End-

-CITE-

47 USC Sec. 765g 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part C - Deregulation and Other Statutory Changes

-HEAD-

Sec. 765g. Exclusivity arrangements

-STATUTE-

(a) In general

No satellite operator shall acquire or enjoy the exclusive right

of handling telecommunications to or from the United States, its

territories or possessions, and any other country or territory by

reason of any concession, contract, understanding, or working

arrangement to which the satellite operator or any persons or

companies controlling or controlled by the operator are parties.

(b) Exception

In enforcing the provisions of this section, the Commission -

(1) shall not require the termination of existing satellite

telecommunications services under contract with, or tariff

commitment to, such satellite operator; but

(2) may require the termination of new services only to the

country that has provided the exclusive right to handle

telecommunications, if the Commission determines the public

interest, convenience, and necessity so requires.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 648, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 57.)

-End-

-CITE-

47 USC Part D - Negotiations To Pursue Privatization 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part D - Negotiations To Pursue Privatization

-HEAD-

PART D - NEGOTIATIONS TO PURSUE PRIVATIZATION

-End-

-CITE-

47 USC Sec. 767 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part D - Negotiations To Pursue Privatization

-HEAD-

Sec. 767. Methods to pursue privatization

-STATUTE-

The President shall secure the pro-competitive privatizations

required by this subchapter in a manner that meets the criteria in

part B of this subchapter.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 661, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 58.)

-End-

-CITE-

47 USC Part E - Definitions 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part E - Definitions

-HEAD-

PART E - DEFINITIONS

-End-

-CITE-

47 USC Sec. 769 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 6 - COMMUNICATIONS SATELLITE SYSTEM

SUBCHAPTER VI - COMMUNICATIONS COMPETITION AND PRIVATIZATION

Part E - Definitions

-HEAD-

Sec. 769. Definitions

-STATUTE-

(a) In general

As used in this subchapter:

(1) INTELSAT

The term "INTELSAT" means the International Telecommunications

Satellite Organization established pursuant to the Agreement

Relating to the International Telecommunications Satellite

Organization (INTELSAT).

(2) Inmarsat

The term "Inmarsat" means the International Mobile Satellite

Organization established pursuant to the Convention on the

International Maritime Organization.

(3) Signatories

The term "signatories" -

(A) in the case of INTELSAT, or INTELSAT successors or

separated entities, means a Party, or the telecommunications

entity designated by a Party, that has signed the Operating

Agreement and for which such Agreement has entered into force;

and

(B) in the case of Inmarsat, or Inmarsat successors or

separated entities, means either a Party to, or an entity that

has been designated by a Party to sign, the Operating

Agreement.

(4) Party

The term "Party" -

(A) in the case of INTELSAT, means a nation for which the

INTELSAT agreement has entered into force; and

(B) in the case of Inmarsat, means a nation for which the

Inmarsat convention has entered into force.

(5) Commission

The term "Commission" means the Federal Communications

Commission.

(6) International Telecommunication Union

The term "International Telecommunication Union" means the

intergovernmental organization that is a specialized agency of

the United Nations in which member countries cooperate for the

development of telecommunications, including adoption of

international regulations governing terrestrial and space uses of

the frequency spectrum as well as use of the geostationary

satellite orbit.

(7) Successor entity

The term "successor entity" -

(A) means any privatized entity created from the

privatization of INTELSAT or Inmarsat or from the assets of

INTELSAT or Inmarsat; but

(B) does not include any entity that is a separated entity.

(8) Separated entity

The term "separated entity" means a privatized entity to whom a

portion of the assets owned by INTELSAT or Inmarsat are

transferred prior to full privatization of INTELSAT or Inmarsat,

including in particular the entity whose structure was under

discussion by INTELSAT as of March 25, 1998, but excluding ICO.

(9) Orbital location

The term "orbital location" means the location for placement of

a satellite on the geostationary orbital arc as defined in the

International Telecommunication Union Radio Regulations.

(10) Space segment

The term "space segment" means the satellites, and the

tracking, telemetry, command, control, monitoring and related

facilities and equipment used to support the operation of

satellites owned or leased by INTELSAT, Inmarsat, or a separated

entity or successor entity.

(11) Non-core services

The term "non-core services" means, with respect to INTELSAT

provision, services other than public-switched network voice

telephony and occasional-use television, and with respect to

Inmarsat provision, services other than global maritime distress

and safety services or other existing maritime or aeronautical

services for which there are not alternative providers.

(12) Additional services

The term "additional services" means -

(A) for Inmarsat, those non-maritime or non-aeronautical

mobile services in the 1.5 and 1.6 Ghz band on planned

satellites or the 2 Ghz band; and

(B) for INTELSAT, direct-to-home (DTH) or direct broadcast

satellite (DBS) video services, or services in the Ka or V

bands.

(13) INTELSAT Agreement

The term "INTELSAT Agreement" means the Agreement Relating to

the International Telecommunications Satellite Organization

("INTELSAT"), including all its annexes (TIAS 7532, 23 UST 3813).

(14) Headquarters Agreement

The term "Headquarters Agreement" means the International

Telecommunication (!1) Satellite Organization Headquarters

Agreement (November 24, 1976) (TIAS 8542, 28 UST 2248).

(15) Operating Agreement

The term "Operating Agreement" means -

(A) in the case of INTELSAT, the agreement, including its

annex but excluding all titles of articles, opened for

signature at Washington on August 20, 1971, by Governments or

telecommunications entities designated by Governments in

accordance with the provisions of the Agreement; and

(B) in the case of Inmarsat, the Operating Agreement on the

International Maritime Satellite Organization, including its

annexes.

(16) Inmarsat Convention

The term "Inmarsat Convention" means the Convention on the

International Maritime Satellite Organization (Inmarsat) (TIAS

9605, 31 UST 1).

(17) National corporation

The term "national corporation" means a corporation the

ownership of which is held through publicly traded securities,

and that is incorporated under, and subject to, the laws of a

national, state, or territorial government.

(18) COMSAT

The term "COMSAT" means the corporation established pursuant to

subchapter III of this chapter, or the successor in interest to

such corporation.

(19) ICO

The term "ICO" means the company known, as of March 17, 2000,

as ICO Global Communications, Inc.

(20) Global maritime distress and safety services or GMDSS

The term "global maritime distress and safety services" or

"GMDSS" means the automated ship-to-shore distress alerting

system which uses satellite and advanced terrestrial systems for

international distress communications and promoting maritime

safety in general. The GMDSS permits the worldwide alerting of

vessels, coordinated search and rescue operations, and

dissemination of maritime safety information.

(21) National security agency

The term "national security agency" means the National Security

Agency, the Director of Central Intelligence and the Central

Intelligence Agency, the Department of Defense, and the Coast

Guard.

(b) Common terminology

Except as otherwise provided in subsection (a) of this section,

terms used in this subchapter that are defined in section 153 of

this title have the meanings provided in such section.

-SOURCE-

(Pub. L. 87-624, title VI, Sec. 681, as added Pub. L. 106-180, Sec.

3, Mar. 17, 2000, 114 Stat. 58.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-FOOTNOTE-

(!1) So in original. Probably should be "Telecommunications".

-End-