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47 U.S.C. § 763c — Space segment capacity of the GMDSS
Federal law — U.S. Code and appendices · legal_authorities
The United States shall preserve the space segment capacity of the GMDSS. This section is not intended to alter the status that the GMDSS would otherwise have under United States laws and regulations of the International Telecommunication Union with respect to spectrum, orbital locations, or other operational parameters, or to be a barrier to competition for the provision of GMDSS services.
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Stable record: federal_law:legal_authorities:record_usc_4bab983f8391d0ab69ee5edd
Source file: Laws/federal/codes/united-states-code/title-47/section-763c-space-segment-capacity-of-the-gmdss--5108ed3ed8.md
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Source location: Title 47, Chapter 6, § 763c; chapter-006-communications-satellite-system.md
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The United States shall preserve the space segment capacity of the GMDSS. This section is not intended to alter the status that the GMDSS would otherwise have under United States laws and regulations of the International Telecommunication Union with respect to spectrum, orbital locations, or other operational parameters, or to be a barrier to competition for the provision of GMDSS services.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 761
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 763
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Federal law — U.S. Code and appendices · legal_authorities
**(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 11 See References in Text note below. 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 765a
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 765d
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Federal law — U.S. Code and appendices · legal_authorities
Page 359
TITLE 47—TELECOMMUNICATIONS
§ 763c
1 So in original. No par. (2) has been enacted.
cessor entity of INTELSAT or more than
a minimal ownership interest in a suc-
cessor entity of Inmarsat;
(ii) the successor entity provides such fi-
nancial and other information to the Com-
mission as the Commission may require to
verify such certification; and
(iii) the Commission determines, after
notice and comment, that the successor
entity is in compliance with such certifi-
cation.
(G) For purposes of subparagraph (F), the
term ‘‘substantial dilution’’ means that a
majority of the financial interests in the
successor entity is no longer held or con-
trolled, directly or indirectly, by signatories
or former signatories.
(6) Regulatory treatment
Any successor entity or separated entity
created after March 17, 2000, shall apply
through the appropriate national licensing au-
thorities for international frequency assign-
ments 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 telecommuni-
cations services;
(B) are signatories of the World Trade Or-
ganization Basic Telecommunications Serv-
ices Agreement; and
(C) have a schedule of commitments in
such Agreement that includes non-discrimi-
natory market access to their satellite mar-
kets.
(Pub. L. 87–624, title VI, § 621, as added Pub. L.
106–180, § 3, Mar. 17, 2000, 114 Stat. 51; amended
Pub. L. 107–77, title VI, § 628, Nov. 28, 2001, 115
Stat. 804; Pub. L. 107–233, § 1, Oct. 1, 2002, 116
Stat. 1480; Pub. L. 108–39, § 2, June 30, 2003, 117
Stat. 835; Pub. L. 108–228, § 1,
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 763c
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