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47 U.S.C. § 701 — Omitted

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 701 — Omitted

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Source file: Laws/federal/codes/united-states-code/title-47/section-701-omitted--725fe7a32b.md
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Source location: Title 47, Chapter 6, § 701; chapter-006-communications-satellite-system.md

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### Statutory Notes #### Codification Section, Pub. L. 87–624, title I, § 102, Aug. 31, 1962, 76 Stat. 419, which related to Congressional declaration of policy and purpose, ceased to be effective Apr. 15, 2005, pursuant to [section 765d(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section765d/4&num=0&edition=prelim). #### Short Title of 2003 Amendment Pub. L. 108–39, § 1, June 30, 2003, 117 Stat. 835, provided that: “This Act [amending [section 763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section763&num=0&edition=prelim)] may be cited as the ‘ORBIT Technical Corrections Act of 2003’.” #### Short Title of 2000 Amendment Pub. L. 106–180, § 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 Pub. L. 87–624, title I, § 101, Aug. 31, 1962, 76 Stat. 419, provided that: “This Act [enacting this chapter] may be cited as the ‘Communications Satellite Act of 1962’.” Pub. L. 87–624, title V, § 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, § 303(f), Oct. 25, 1994, 108 Stat. 4296, provided that: “The Communications Act of 1934 [[47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.] and the Communications Satellite Act of 1962 [[47 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section701&num=0&edition=prelim) 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, § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section305&num=0&edition=prelim)]. “(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.”

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 763 — General criteria to ensure a pro-competitive privatization of INTELSAT and Inmarsat

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 11 See References in Text note below. of this title. In securing such privatizations, the following criteria shall be applied as licensing criteria for purposes of part A: (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 o

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47 U.S.C. § 151 — Purposes of chapter; Federal Communications Commission created

For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.

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47 U.S.C. § 305 — Government owned stations

**(a) Frequencies; compliance with regulations; stations on vessels** Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 301 and 303 of this title. All such Government stations shall use such frequencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe. **(b) Call letters** All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission. **(c) Stations operated by foreign governments** The provisions of sections 301 and 303 of this title notwithstanding, the President may, provided he determines it to be consistent with and in the interest of national security, authorize a foreign government, under such terms and conditions as he may prescribe, to construct and operate at the seat of government of the United States a low-power radio station in the fixed service at or near the site of the embassy or legation of such foreign government for transmission of its messages to points outside the United States, but only (1) where he determines that the authorization would be consistent with the national interest of the United States and (2) where such foreign government has provided reciprocal privileges to the United States to constru

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22 U.S.C. § 2651 — Establishment of Department

There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.

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26 U.S.C. § 168 — Accelerated cost recovery system

**(a) General rule** Except as otherwise provided in this section, the depreciation deduction provided by section 167(a) for any tangible property shall be determined by using— (1) the applicable depreciation method, (2) the applicable recovery period, and (3) the applicable convention. **(b) Applicable depreciation method** For purposes of this section— (1) **In general** — Except as provided in paragraphs (2) and (3), the applicable depreciation method is— (A) the 200 percent declining balance method, (B) switching to the straight line method for the 1st taxable year for which using the straight line method with respect to the adjusted basis as of the beginning of such year will yield a larger allowance. (2) **150 percent declining balance method in certain cases** — Paragraph (1) shall be applied by substituting “150 percent” for “200 percent” in the case of— (A) any 15-year or 20-year property not referred to in paragraph (3), (B) any property (other than property described in paragraph (3)) which is a qualified smart electric meter or qualified smart electric grid system, or (C) any property (other than property described in paragraph (3)) with respect to which the taxpayer elects under paragraph (5) to have the provisions of this paragraph apply. (3) **Property to which straight line method applies** — The applicable depreciation method shall be the straight line method in the case of the following property: (A) Nonresidential real property. (B) Residential rental property. (C) Any railroad grading or tunnel bore. (D) Property with respect to which the taxpayer elects under paragraph (5) to have the provisions of this paragraph apply. (E) Property described in subsection (e)(3)(D)(ii). (F) Water utility property described in

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26 U.S.C. § 883 — Exclusions from gross income

**(a) Income of foreign corporations from ships and aircraft** The following items shall not be included in gross income of a foreign corporation, and shall be exempt from taxation under this subtitle: (1) **Ships operated by certain foreign corporations** — Gross income derived by a corporation organized in a foreign country from the international operation of a ship or ships if such foreign country grants an equivalent exemption to corporations organized in the United States. (2) **Aircraft operated by certain foreign corporations** — Gross income derived by a corporation organized in a foreign country from the international operation of aircraft if such foreign country grants an equivalent exemption to corporations organized in the United States. (3) **Railroad rolling stock of foreign corporations** — Earnings derived from payments by a common carrier for the use on a temporary basis (not expected to exceed a total of 90 days in any taxable year) of railroad rolling stock owned by a corporation of a foreign country which grants an equivalent exemption to corporations organized in the United States. (4) **Special rules** — The rules of paragraphs (6), (7), and (8) of section 872(b) shall apply for purposes of this subsection. (5) **Special rule for countries which tax on residence basis** — For purposes of this subsection, there shall not be taken into account any failure of a foreign country to grant an exemption to a corporation organized in the United States if such corporation is subject to tax by such foreign country on a residence basis pursuant to provisions of foreign law which meets such standards (if any) as the Secretary may prescribe. **(b) Earnings derived from communications satellite system** The earnings derived from the ownership or operation o

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47 U.S.C. § 332 — Mobile services

**(a) Factors which Commission must consider** In taking actions to manage the spectrum to be made available for use by the private mobile services, the Commission shall consider, consistent with [section 151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim), whether such actions will— (1) promote the safety of life and property; (2) improve the efficiency of spectrum use and reduce the regulatory burden upon spectrum users, based upon sound engineering principles, user operational requirements, and marketplace demands; (3) encourage competition and provide services to the largest feasible number of users; or (4) increase interservice sharing opportunities between private mobile services and other services. **(b) Advisory coordinating committees** (1) The Commission, in coordinating the assignment of frequencies to stations in the private mobile services and in the fixed services (as defined by the Commission by rule), shall have authority to utilize assistance furnished by advisory coordinating committees consisting of individuals who are not officers or employees of the Federal Government. (2) The authority of the Commission established in this subsection shall not be subject to or affected by the provisions of part III of title 5 or [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim). (3) Any person who provides assistance to the Commission under this subsection shall not be considered, by reason of having provided such assistance, a Federal employee. (4) Any advisory coordinating committee which furnishes assistance to the Commission under this subsection shall not be subject to the provisions of chapter 10 of titl

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47 U.S.C. § 761 — Federal Communications Commission licensing

**(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 11 See References in Text note below. 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 INTELSA

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47 U.S.C. § 765d — Termination of provisions of this chapter

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section721/a&num=0&edition=prelim); [section 721(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section721/b&num=0&edition=prelim); paragraphs (1), (3) through (5), and (8) through (10) of [section 721(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section721/c&num=0&edition=prelim); [section 733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section733&num=0&edition=prelim); [section 734 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section734&num=0&edition=prelim); [section 751 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section751&num=0&edition=prelim); [section 752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section752&num=0&edition=prelim); paragraphs (2) and (4) of [section 753(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section753/a&num=0&edition=prelim); and [section 753(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section753/c&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:U

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47 U.S.C. § 901 — Definitions; findings; policy

**(a) Definitions** In this chapter, the following definitions apply: (1) The term “NTIA” means the National Telecommunications and Information Administration. (2) The term “Assistant Secretary” means the Assistant Secretary for Communications and Information. (3) The term “Secretary” means the Secretary of Commerce. (4) The term “Commission” means the Federal Communications Commission. (5) The term “Corporation” means the Communications Satellite Corporation authorized in title III of the Communications Satellite Act of 1962 ([47 U.S.C. 731](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section731&num=0&edition=prelim) et seq.). **(b) Findings** The Congress finds the following: (1) Telecommunications and information are vital to the public welfare, national security, and competitiveness of the United States. (2) Rapid technological advances being made in the telecommunications and information fields make it imperative that the United States maintain effective national and international policies and programs capable of taking advantage of continued advancements. (3) Telecommunications and information policies and recommendations advancing the strategic interests and the international competitiveness of the United States are essential aspects of the Nation’s involvement in international commerce. (4) There is a critical need for competent and effective telecommunications and information research and analysis and national and international policy development, advice, and advocacy by the executive branch of the Federal Government. (5) As one of the largest users of the Nation’s telecommunications facilities and resources, the Federal Government must manage its radio spectrum use and other internal communications operations in the most eff

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