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

Page 361 TITLE 47—TELECOMMUNICATIONS § 765d 1 See References in Text note below. (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 re- lationships and activities with foreign govern- ments, international entities, and the inter- governmental 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 rep- resentative 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 action taken by COMSAT be- fore March 17, 2000. (c) Parity of treatment Notwithstanding any other law or executive agreement, the Commission shall have the au- thority to impose similar regulatory fees on the United States signatory which it imposes on other entities providing similar services. (Pub. L. 87–624, title VI, § 642, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 55.) Editorial Notes REFERENCES IN TEXT Section 763c of this title, referred to in subsec. (a)(2), was amended generally by Pub. L. 109–34, § 3, July 12, 2005, 119 Stat. 377, and no longer relates to specific cri- teria for Inmarsat privatization. § 765b. Elimination of procurement preferences Nothing in this subchapter or the Communica- tions Act of 1934 [47 U.S.C. 151 et seq.] shall be construed to authorize or require any pref- erence, in Federal Government procurement of telecommunications services, for the satellite space segment provided by INTELSAT, Inmarsat, or any successor entity or separated entity. (Pub. L. 87–624, title VI, § 643, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 56.) Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classi- fied principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 765c. ITU functions (a) Technical coordination The Commission and United States satellite companies shall utilize the International Tele- communication Union procedures for technical coordination with INTELSAT and its successor entities and separated entities, rather than INTELSAT procedures. (b) ITU notifying administration The President and the Commission shall take the action necessary to ensure that the United States remains the ITU notifying administra- tion for the privatized INTELSAT’s existing and future orbital slot registrations. (Pub. L. 87–624, title VI, § 644, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 56.) § 765d. Termination of provisions of this chapter Effective on the dates specified, the following provisions of this chapter shall cease to be effec- tive: (1) March 17, 2000: Paragraphs (1), (5) and (6) of section 721(a) of this title; section 721(b) of this title; paragraphs (1), (3) through (5), and (8) through (10) of section 721(c) of this title; section 733 of this title; section 734 of this title; section 751 of this title; section 752 of this title; paragraphs (2) and (4) of section 753(a) of this title; and section 753(c) of this title. (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 de- termined by INTELSAT to implement privat- ization: Section 735 of this title. (3) On the effective date of a Commission order determining under section 761(b)(2) of this title that Inmarsat privatization is con- sistent with criteria in sections 763 and 763c 1 of this title: Sections 753(b) and 753(d) of this title. (4) On the effective date of a Commission order determining under section 761(b)(2) of this title that INTELSAT privatization is con- sistent with criteria in sections 763 and 763a of this title: Section 701 of this title; section 702(7) of this title; paragraphs (2) through (4) and (7) of section 721(a) of this title; para- graphs (2), (6), and (7) of section 721(c) of this title; section 731 of this title; section 732 of this title; section 741 of this title; section 742 of this title; section 743 of this title; and sec- tion 744 of this title. (Pub. L. 87–624, title VI, § 645, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 56.) Editorial Notes REFERENCES IN TEXT The transfer of assets and receipt by signatories of ownership shares in the successor entity of INTELSAT, referred to in par. (2), occurred on July 18, 2001. See FCC Report to Congress as Required by the ORBIT Act, FCC 02-170, 17 FCC Rcd. 11458 (released June 14, 2002). The effective date of the Commission order relating to Inmarsat privatization, referred to in par. (3), is Page 362 TITLE 47—TELECOMMUNICATIONS § 765e June 14, 2005. See In the Matter of Inmarsat Group Hold- ings Limited Petition for Declaratory Ruling Pursuant to Section 621(5)(F) of the ORBIT Act, Memorandum Opin- ion and Order, IB Docket 04-439, FCC 05-126 (released June 14, 2005). Section 763c of this title, referred to in par. (3), 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. The effective date of the Commission order relating to INTELSAT privatization, referred to in par. (4), is Apr. 15, 2005. See In the Matter of Intelsat, Ltd. Petition for Declaratory Ruling that Intelsat, Ltd. Complies With Section 621(5)(F) of the ORBIT Act, Memorandum Opin- ion and Order, IB Docket 05-18, FCC 05-86 (released April 15, 2005). § 765e. Repealed. Pub. L. 115–141, div. P, title IV, § 402(a), Mar. 23, 2018, 132 Stat. 1089 Section, Pub. L. 87–624, title VI, § 646, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 57, related to re- ports to Congress on the progress made to achieve the objectives and carry out the purposes and provisions of this subchapter. § 765f. Satellite auctions Notwithstanding any other provision of law, the Commission shall not have the authority to assign by competitive bidding orbital locations or spectrum used for the provision of inter- national or global satellite communications services. The President shall oppose in the International Telecommunication Union and in other bilateral and multilateral fora any assign- ment by competitive bidding of orbital locations or spectrum used for the provision of such serv- ices. (Pub. L. 87–624, title VI, § 647, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 57.) § 765g. Exclusivity arrangements (a) In general No satellite operator shall acquire or enjoy the exclusive right of handling telecommuni- cations to or from the United States, its terri- tories or possessions, and any other country or territory by reason of any concession, contract, understanding, or working arrangement to which the satellite operator or any persons or companies controlling or controlled by the oper- ator are parties. (b) Exception In enforcing the provisions of this section, the Commission— (1) shall not require the termination of ex- isting satellite telecommunications services under contract with, or tariff commitment to, such satellite operator; but (2) may require the termination of new serv- ices only to the country that has provided the exclusive right to handle telecommunications, if the Commission determines the public inter- est, convenience, and necessity so requires. (Pub. L. 87–624, title VI, § 648, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 57.) PART D—NEGOTIATIONS TO PURSUE PRIVATIZATION § 767. Methods to pursue privatization The President shall secure the pro-competitive privatizations required by this subchapter in a manner that meets the criteria in part B. (Pub. L. 87–624, title VI, § 661, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 58.) PART E—DEFINITIONS § 769. Definitions (a) In general As used in this subchapter: (1) INTELSAT The term ‘‘INTELSAT’’ means the Inter- national Telecommunications Satellite Orga- nization established pursuant to the Agree- ment Relating to the International Tele- communications Satellite Organization (INTELSAT). (2) Inmarsat The term ‘‘Inmarsat’’ means the Inter- national Mobile Satellite Organization estab- lished pursuant to the Convention on the International Maritime Organization. (3) Signatories The term ‘‘signatories’’— (A) in the case of INTELSAT, or INTELSAT successors or separated entities, means a Party, or the telecommunications entity designated by a Party, that has signed the Operating Agreement and for which such Agreement has entered into force; and (B) in the case of Inmarsat, or Inmarsat successors or separated entities, means ei- ther a Party to, or an entity that has been designated by a Party to sign, the Operating Agreement. (4) Party The term ‘‘Party’’— (A) in the case of INTELSAT, means a na- tion for which the INTELSAT agreement has entered into force; and (B) in the case of Inmarsat, means a nation for which the Inmarsat convention has en- tered into force. (5) Commission The term ‘‘Commission’’ means the Federal Communications Commission. (6) International Telecommunication Union The term ‘‘International Telecommuni- cation Union’’ means the intergovernmental organization that is a specialized agency of the United Nations in which member countries cooperate for the development of tele- communications, including adoption of inter- national regulations governing terrestrial and space uses of the frequency spectrum as well as use of the geostationary satellite orbit. (7) Successor entity The term ‘‘successor entity’’— (A) means any privatized entity created from the privatization of INTELSAT or Inmarsat or from the assets of INTELSAT or Inmarsat; but (B) does not include any entity that is a separated entity. (8) Separated entity The term ‘‘separated entity’’ means a privatized entity to whom a portion of the as-