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47 U.S.C. § 763a — Specific criteria for INTELSAT

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

47 U.S.C. § 763a — Specific criteria for INTELSAT

In securing the privatizations required by [section 763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section763&num=0&edition=prelim), the following additional criteria with respect to INTELSAT privatization shall be applied as licensing criteria for purposes of part A: (1) **11 So in original. No par. (2) has been enacted. 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.

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Source file: Laws/federal/codes/united-states-code/title-47/section-763a-specific-criteria-for-intelsat--03eff49070.md
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Source location: Title 47, Chapter 6, § 763a; chapter-006-communications-satellite-system.md

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

47 U.S.C. § 763a — Specific criteria for INTELSAT

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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