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, May 18, 2004, 118 Stat. 644; Pub. L. 108–371, § 1, Oct. 25, 2004, 118 Stat. 1752; Pub. L. 109–34, § 1, July 12, 2005, 119 Stat. 377.) Editorial Notes REFERENCES IN TEXT Section 763b of this title, referred to in text, was re- pealed by Pub. L. 109–34, § 2, July 12, 2005, 119 Stat. 377. Section 763c of this title, referred to in text, was amended generally by Pub. L. 109–34, § 3, July 12, 2005, 119 Stat. 377, and no longer relates to specific criteria for Inmarsat privatization. AMENDMENTS 2005—Par. (5)(D)(ii). Pub. L. 109–34, § 1(1), (2), struck out subcl. (I) designation after ‘‘managers who’’ and substituted ‘‘signatories; and’’ for ‘‘signatories, or (II) have any direct financial interest in or financial rela- tionship to any signatories or former signatories, ex- cept that such interest may be managed through a blind trust or similar mechanism;’’. Par. (5)(D)(iii). Pub. L. 109–34, § 1(3), substituted ‘‘or- ganization.’’ for ‘‘organization; and’’. Par. (5)(D)(iv). Pub. L. 109–34, § 1(4), struck out cl. (iv) which read as follows: ‘‘in the case of a separated enti- ty, 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 re- lationship to any international organization, except that such interest may be managed through a blind trust or similar mechanism.’’ 2004—Par. (5)(A)(i). Pub. L. 108–228 substituted ‘‘June 30, 2005’’ for ‘‘December 31, 2003’’ and ‘‘December 31, 2005’’ for ‘‘June 30, 2004’’. Par. (5)(A)(ii). Pub. L. 108–371, § 1(1), substituted ‘‘June 30, 2005’’ for ‘‘June 30, 2004’’. Par. (5)(F), (G). Pub. L. 108–371, § 1(2), added subpars. (F) and (G). 2003—Par. (5)(A)(ii). Pub. L. 108–39 substituted ‘‘June 30, 2004’’ for ‘‘December 31, 2002’’ and ‘‘December 31, 2004’’ for ‘‘June 30, 2003’’. 2002—Par. (5)(A)(i). Pub. L. 107–233 substituted ‘‘De- cember 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 Commis- sion 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 consider- ation of market conditions and relevant business fac- tors relating to the timing of an initial public offering, but to no later than December 31, 2001’’. Statutory Notes and Related Subsidiaries 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 ob- taining immigrant status as a multinational executive or manager. § 763a. Specific criteria for INTELSAT In securing the privatizations required by sec- tion 763 of this title, the following additional criteria with respect to INTELSAT privatiza- tion shall be applied as licensing criteria for purposes of part A: (1) 1 TECHNICAL COORDINATION UNDER INTELSAT AGREEMENTS.—Technical coordina- tion shall not be used to impair competition or competitors, and shall be conducted under International Telecommunication Union pro- cedures and not under Article XIV(d) of the INTELSAT Agreement. (Pub. L. 87–624, title VI, § 622, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 53.) § 763b. Repealed. Pub. L. 109–34, § 2, July 12, 2005, 119 Stat. 377 Section, Pub. L. 87–624, title VI, § 623, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 53, related to spe- cific criteria for INTELSAT separated entities. § 763c. Space segment capacity of the GMDSS 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 Tele- communication Union with respect to spectrum, orbital locations, or other operational param- eters, or to be a barrier to competition for the provision of GMDSS services.