47 U.S.C. § 761 — Federal Communications Commission li-

Page 356 TITLE 47—TELECOMMUNICATIONS § 757 1 See References in Text note below. Section 755, Pub. L. 87–624, title V, § 506, as added Pub. L. 95–564, Nov. 1, 1978, 92 Stat. 2395, related to study of public maritime coast station services. Section 756, Pub. L. 87–624, title V, § 507, as added Pub. L. 95–564, Nov. 1, 1978, 92 Stat. 2396, related to study of radio navigation systems. § 757. Definitions For purposes of this subchapter— (1) the term ‘‘person’’ includes an individual, partnership, association, joint stock company, trust, or corporation; (2) the term ‘‘satellite earth terminal sta- tion’’ means a complex of communications equipment located on land, operationally interconnected with one or more terrestrial communications systems, and capable of transmitting telecommunications to, or re- ceiving telecommunications from, the space segment; (3) the term ‘‘space segment’’ means any sat- ellite (or capacity on a satellite) maintained under the authority of INMARSAT, for the purpose of providing international maritime telecommunications services, and the track- ing, telemetry, command, control, monitoring, and related facilities and equipment required to support the operation of such satellite; and (4) the term ‘‘State’’ means the several States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the Virgin Is- lands, the Trust Territory of the Pacific Is- lands, and any other territory or possession of the United States. (Pub. L. 87–624, title V, § 505, formerly § 508, as added Pub. L. 95–564, Nov. 1, 1978, 92 Stat. 2396; renumbered § 505, Pub. L. 103–414, title III, § 304(b)(6), Oct. 25, 1994, 108 Stat. 4298.) Editorial Notes PRIOR PROVISIONS A prior section 505 of Pub. L. 87–624 was classified to section 754 of this title prior to repeal by Pub. L. 103–414, § 304(b)(5). Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SUBCHAPTER VI—COMMUNICATIONS COMPETITION AND PRIVATIZATION PART A—ACTIONS TO ENSURE PRO-COMPETITIVE PRIVATIZATION § 761. Federal Communications Commission li- censing (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 ju- risdiction 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 Commis- sion does not make such a determination, it shall deny or revoke authority to use space segment owned, leased, or operated by the sep- arated 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 li- censing criteria in sections 763 and 763b 1 of this title, and shall not make such a deter- mination unless the Commission determines that the privatization of any separated entity is consistent with such criteria. (b) Licensing for INTELSAT, Inmarsat, and suc- cessor entities (1) Competition test (A) In general In considering the application of INTELSAT, Inmarsat, or their successor en- tities 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 oper- ated by INTELSAT, Inmarsat, or their suc- cessor 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 INTELSAT and its successor entities, INTELSAT and any successor entities have been privatized in a manner that will harm competition in the telecommuni- cations markets of the United States; or (ii) after April 1, 2000, in the case of Inmarsat and its successor entities, Inmarsat and any successor entities have been privatized in a manner that will harm competition in the telecommunications markets of the United States. (B) Consequences of determination If the Commission determines that such competition will be harmed or that grant of such application or request for authority is not otherwise in the public interest, the Commission shall limit through conditions or deny such application or request, and limit or revoke previous authorizations to provide non-core services to, from, or within the United States. After due notice and op- portunity for comment, the Commission shall apply the same limitations, restric- tions, and conditions to all entities subject to United States jurisdiction using space segment owned, leased, or operated by INTELSAT, Inmarsat, or their successor en- tities. (C) National security, law enforcement, and public safety The Commission shall not impose any lim- itation, condition, or restriction under sub- Page 357 TITLE 47—TELECOMMUNICATIONS § 763 paragraph (B) in a manner that will, or is reasonably likely to, result in limitation, denial, or revocation of authority for non- core services that are used by and required for a national security agency or law en- forcement department or agency of the United States, or used by and required for, and otherwise in the public interest, any other Department or Agency of the United States to protect the health and safety of the public. Such services may be obtained by the United States directly from INTELSAT, Inmarsat, or a successor entity, or indirectly through COMSAT, or authorized carriers or distributors of the successor entity. (D) Rule of construction Nothing in this subsection is intended to preclude the Commission from acting upon applications of INTELSAT, Inmarsat, or their successor entities prior to the latest date set out in section 763(5)(A) of this title, including such actions as may be necessary for the United States to become the licens- ing jurisdiction for INTELSAT, but the Commission shall condition a grant of au- thority pursuant to this subsection upon compliance with sections 763 and 763a of this title. (2) Criteria for competition test In making the determination required by paragraph (1), the Commission shall use the li- censing criteria in sections 763, 763a, and 763c 1 of this title, and shall determine that competi- tion in the telecommunications markets of the United States will be harmed unless the Commission finds that the privatization re- ferred to in paragraph (1) is consistent with such criteria. (3) Clarification: competitive safeguards In making its licensing decisions under this subsection, the Commission shall consider whether users of non-core services provided by INTELSAT or Inmarsat or successor or sepa- rated entities are able to obtain non-core serv- ices from providers offering services other than through INTELSAT or Inmarsat or suc- cessor or separated entities, at competitive rates, terms, or conditions. Such consider- ation shall also include whether such licensing decisions would require users to replace equip- ment at substantial costs prior to the termi- nation of its design life. In making its licens- ing decisions, the Commission shall also con- sider whether competitive alternatives in indi- vidual markets do not exist because they have been foreclosed due to anticompetitive actions undertaken by or resulting from the INTELSAT or Inmarsat systems. Such licens- ing decisions shall be made in a manner which facilitates achieving the purposes and goals in this subchapter and shall be subject to notice and comment. (c) Additional considerations in determinations In making its determinations and licensing de- cisions under subsections (a) and (b), the Com- mission shall construe such subsections in a manner consistent with the United States obli- gations and commitments for satellite services under the Fourth Protocol to the General Agree- ment on Trade in Services. (d) Independent facilities competition Nothing in this section shall be construed as precluding COMSAT from investing in or owning satellites or other facilities independent from INTELSAT and Inmarsat, and successor or sepa- rated entities, or from providing services through reselling capacity over the facilities of satellite systems independent from INTELSAT and Inmarsat, and successor or separated enti- ties. This subsection shall not be construed as restricting the types of contracts which can be executed or services which may be provided by COMSAT over the independent satellites or fa- cilities described in this subsection. (Pub. L. 87–624, title VI, § 601, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 48.) Editorial Notes REFERENCES IN TEXT Section 763b of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 109–34, § 2, July 12, 2005, 119 Stat. 377. Section 763c of this title, referred to in subsec. (b)(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. Statutory Notes and Related Subsidiaries PURPOSE Pub. L. 106–180, § 2, Mar. 17, 2000, 114 Stat. 48, provided that: ‘‘It is the purpose of this Act [see Short Title of 2000 Amendment note set out under section 701 of this title] to promote a fully competitive global market for satellite communication services for the benefit of con- sumers and providers of satellite services and equip- ment by fully privatizing the intergovernmental sat- ellite organizations, INTELSAT and Inmarsat.’’ § 761a. Incentives; limitation on expansion pend- ing privatization (a) Limitation Until INTELSAT, Inmarsat, and their suc- cessor or separate entities are privatized in ac- cordance with the requirements of this sub- chapter, INTELSAT, Inmarsat, and their suc- cessor or separate entities, respectively, shall not be permitted to provide additional services. The Commission shall take all necessary meas- ures to implement this requirement, including denial by the Commission of licensing for such services. (b) Orbital location incentives Until such privatization is achieved, the United States shall oppose and decline to facili- tate applications by such entities for new or- bital locations to provide such services. (Pub. L. 87–624, title VI, § 602, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 50.) PART B—FEDERAL COMMUNICATIONS COMMISSION LICENSING CRITERIA: PRIVATIZATION CRITERIA § 763. General criteria to ensure a pro-competi- tive privatization of INTELSAT and Inmarsat The President and the Commission shall se- cure a pro-competitive privatization of