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47 U.S.C. § 763b — Repealed. Pub. L. 109–34, § 2, July 12, 2005, 119 Stat. 377
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 87–624, title VI, § 623, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 53, related to specific criteria for INTELSAT separated entities.
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Source file: Laws/federal/codes/united-states-code/title-47/section-763b-repealed-pub-l-10934-2-july-12-2005-119-stat-377--08d633165f.md
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Source location: Title 47, Chapter 6, § 763b; chapter-006-communications-satellite-system.md
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### Statutory Notes
Section, Pub. L. 87–624, title VI, § 623, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 53, related to specific criteria for INTELSAT separated entities.
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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
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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
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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,
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