47 U.S.C. § 702 — Definitions

Page 353 TITLE 47—TELECOMMUNICATIONS § 702 be cited as the ‘ORBIT Technical Corrections Act of 2003’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–180, § 1, Mar. 17, 2000, 114 Stat. 48, provided that: ‘‘This Act [enacting subchapter VI of this chap- ter] may be cited as the ‘Open-market Reorganization for the Betterment of International Telecommuni- cations Act’ or the ‘ORBIT Act’.’’ SHORT TITLE Pub. L. 87–624, title I, § 101, Aug. 31, 1962, 76 Stat. 419, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Communications Satellite Act of 1962’.’’ Pub. L. 87–624, title V, § 501, as added by Pub. L. 95–564, Nov. 1, 1978, 92 Stat. 2392, provided that: ‘‘This title [enacting subchapter V of this chapter] may be cited as the ‘International Maritime Satellite Tele- communications Act’.’’ STYLISTIC CONSISTENCY Pub. L. 103–414, title III, § 303(f), Oct. 25, 1994, 108 Stat. 4296, provided that: ‘‘The Communications Act of 1934 [47 U.S.C. 151 et seq.] and the Communications Satellite Act of 1962 [47 U.S.C. 701 et seq.] are amended so that the section designation and section heading of each section of such Acts shall be in the form and typeface of the section designation and heading of this section [108 Stat. 4294].’’ INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION Pub. L. 99–93, title I, § 146, Aug. 16, 1985, 99 Stat. 425, provided that: ‘‘(a) POLICY.—The Congress declares that it is the pol- icy of the United States— ‘‘(1) as a party to the International Telecommuni- cations Satellite Organization (hereafter in this sec- tion referred to as ‘Intelsat’), to foster and support the global commercial communications satellite sys- tem owned and operated by Intelsat; ‘‘(2) to make available to consumers a variety of communications satellite services utilizing the space segment facilities of Intelsat and any additional such facilities which are found to be in the national inter- est and which— ‘‘(A) are technically compatible with the use of the radio frequency spectrum and orbital space by the existing or planned Intelsat space segment, and ‘‘(B) avoid significant economic harm to the glob- al system of Intelsat; and ‘‘(3) to authorize use and operation of any addi- tional space segment facilities only if the obligations of the United States under article XIV(d) of the Intelsat Agreement have been met. ‘‘(b) PRECONDITIONS FOR INTELSAT CONSULTATION.—Be- fore consulting with Intelsat for purposes of coordina- tion of any separate international telecommunications satellite system under article XIV(d) of the Intelsat Agreement, the Secretary of State shall— ‘‘(1) in coordination with the Secretary of Com- merce, ensure that any proposed separate inter- national satellite telecommunications system com- ply with the Executive Branch conditions established pursuant to the Presidential Determination No. 85–2 [49 F.R. 46987]; and ‘‘(2) ensure that one or more foreign authorities have authorized the use of such system consistent with such conditions. ‘‘(c) AMENDMENT OF INTELSAT AGREEMENT.—(1) The Secretary of State shall consult with the United States signatory to Intelsat and the Secretary of Commerce regarding the appropriate scope and character of a modification to article V(d) of the Intelsat Agreement which would permit Intelsat to establish cost-based rates for individual traffic routes, as exceptional cir- cumstances warrant, paying particular attention to the need for avoiding significant economic harm to the global system of Intelsat as well as United States na- tional and foreign policy interests. ‘‘(2)(A) To ensure that rates established by Intelsat for such routes are cost-based, the Secretary of State, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commis- sion, shall instruct the United States signatory to Intelsat to ensure that sufficient documentation, in- cluding documentation regarding revenues and costs, is provided by Intelsat so as to verify that such rates are in fact cost-based. ‘‘(B) To the maximum extent possible, such documenation [documentation] will be made available to interested parties on a timely basis. ‘‘(3) Pursuant to the consultation under paragraph (1) and taking the steps prescribed in paragraph (2) to pro- vide documentation, the United States shall support an appropriate modification to article V(d) of the Intelsat Agreement to accomplish the purpose described in paragraph (1). ‘‘(d) CONGRESSIONAL CONSULTATION.—In the event that, after United States consultation with Intelsat for the purposes of coordination under article XIV(d) of the Intelsat Agreement for the establishment of a separate international telecommunications satellite system, the Assembly of Parties of Intelsat fails to recommend such a separate system, and the President determines to pursue the establishment of a separate system not- withstanding the Assembly’s failure to approve such system, the Secretary of State, after consultation with the Secretary of Commerce, shall submit to the Con- gress a detailed report which shall set forth— ‘‘(1) the foreign policy reasons for the President’s determination, and ‘‘(2) a plan for minimizing any negative effects of the President’s action on Intelsat and on United States foreign policy interests. ‘‘(e) NOTIFICATION TO FEDERAL COMMUNICATIONS COM- MISSION.—In the event the Secretary of State submits a report under subsection (d), the Secretary, 60 calendar days after the receipt by the Congress of such report, shall notify the Federal Communications Commission as to whether the United States obligations under arti- cle XIV(d) of the Intelsat Agreement have been met. ‘‘(f) IMPLEMENTATION.—In implementing the provi- sions of this section, the Secretary of State shall act in accordance with Executive order 12046 [set out under section 305 of this title]. ‘‘(g) DEFINITION.—For the purposes of this section, the term ‘separate international telecommunications satellite system’ or ‘separate system’ means a system of one or more telecommunications satellites separate from the Intelsat space segment which is established to provide international telecommunications services be- tween points within the United States and points out- side the United States, except that such term shall not include any satellite or system of satellites estab- lished— ‘‘(1) primarily for domestic telecommunications purposes and which incidentally provides services on an ancillary basis to points outside the jurisdiction of the United States but within the western hemisphere, or ‘‘(2) solely for unique governmental purposes.’’ § 702. Definitions As used in this chapter, and unless the context otherwise requires— (1) the term ‘‘communications satellite sys- tem’’ refers to a system of communications satellites in space whose purpose is to relay telecommunication information between sat- ellite terminal stations, together with such associated equipment and facilities for track- ing, guidance, control, and command functions as are not part of the generalized launching, tracking, control, and command facilities for all space purposes; (2) the term ‘‘satellite terminal station’’ re- fers to a complex of communication equip- Page 354 TITLE 47—TELECOMMUNICATIONS § 703 1 So in original. The period probably should be a semicolon. 2 So in original. The word ‘‘and’’ probably should not appear. ment located on the earth’s surface, oper- ationally connected with one or more terres- trial communication systems, and capable of transmitting telecommunications to or receiv- ing telecommunications from a communica- tions satellite system.1 (3) the term ‘‘communications satellite’’ means an earth satellite which is inten- tionally used to relay telecommunication in- formation; (4) the term ‘‘associated equipment and fa- cilities’’ refers to facilities other than sat- ellite terminal stations and communications satellites, to be constructed and operated for the primary purpose of a communications sat- ellite system, whether for administration and management, for research and development, or for direct support of space operations; (5) the term ‘‘research and development’’ re- fers to the conception, design, and first cre- ation of experimental or prototype operational devices for the operation of a communications satellite system, including the assembly of separate components into a working whole, as distinguished from the term ‘‘production,’’ which relates to the construction of such de- vices to fixed specifications compatible with repetitive duplication for operational applica- tions; and 2 (6) the term ‘‘telecommunication’’ means any transmission, emission or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, opti- cal, or other electromagnetic systems.1 (7) omitted; (8) the term ‘‘corporation’’ means the cor- poration authorized by subchapter III of this chapter.1 (9) the term ‘‘Administration’’ means the National Aeronautics and Space Administra- tion; and (10) the term ‘‘Commission’’ means the Fed- eral Communications Commission. (Pub. L. 87–624, title I, § 103, Aug. 31, 1962, 76 Stat. 419.) Editorial Notes CODIFICATION Par. (7) of this section, which defined the term ‘‘com- munications common carrier’’, ceased to be effective Apr. 15, 2005, pursuant to section 765d(4) of this title. § 703. Repealed. Pub. L. 115–141, div. P, title IV, § 402(b), Mar. 23, 2018, 132 Stat. 1089 Section, Pub. L. 109–34, § 4, July 12, 2005, 119 Stat. 377, required the Federal Communications Commission to submit to Congress an annual report related to com- petitive market conditions with respect to domestic and international satellite communications services. SUBCHAPTER II—FEDERAL COORDINATION, PLANNING, AND REGULATION § 721. Implementation of policy In order to achieve the objectives and to carry out the purposes of this chapter— (a) the President shall— (1) to (7) omitted. (b) omitted. (c) the Federal Communications Commis- sion, in its administration of the provisions of the Communications Act of 1934, as amended [47 U.S.C. 151 et seq.], and as supplemented by this chapter, shall— (1) to (10) omitted; (11) make rules and regulations to carry out the provisions of this chapter. (Pub. L. 87–624, title II, § 201, Aug. 31, 1962, 76 Stat. 421; Pub. L. 103–414, title III, § 304(b)(1), Oct. 25, 1994, 108 Stat. 4297.) Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, as amended, re- ferred to in subsec. (c), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified 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. CODIFICATION Subsecs. (a)(1), (5), (6), (b), and (c)(1), (3) to (5), (8) to (10) of this section ceased to be effective Mar. 17, 2000, pursuant to section 765d(1) of this title. Prior to being omitted, subsec. (a)(1), (5) and (6) directed the President to aid in a national program to establish and operate a commercial communications satellite system, to insure arrangements were made for foreign participation in the establishment and use of the system, and to insure availability and utilization of the system for general governmental purposes, subsec. (b) directed the Na- tional Aeronautics and Space Administration to give technical advice to the Commission and to cooperate with, assist, and provide services to the corporation, and subsec. (c)(1), (3) to (5), (8) to (10) directed the Fed- eral Communications Commission to insure effective competition in procurement of services, to require es- tablishment of communication to a particular foreign point when advised by the Secretary of State, to insure technical compatibility of the system with satellite terminal stations, to insure system economies are re- flected in rates, to authorize the corporation to issue stock, borrow moneys, and assume securities obliga- tions, to insure that substantial additions to the sys- tem or stations are made only when necessary, and to require necessary additions to be made with respect to the system or stations. Subsecs. (a)(2) to (4), (7) and (c)(2), (6), (7) of this sec- tion ceased to be effective Apr. 15, 2005, pursuant to sec- tion 765d(4) of this title. Prior to being omitted, subsec. (a)(2) to (4) and (7) directed the President to review the development and operation of the communications sat- ellite system, to coordinate activities of governmental agencies with telecommunication responsibilities, to supervise foreign relationships of the corporation, and to coordinate efficient use of the electromagnetic spec- trum and subsec. (c)(2), (6), and (7) directed the Federal Communications Commission to ensure nondiscrim- inatory use of the communications satellite system under just and reasonable charges, to approve technical characteristics of the operational communications sat- ellite system, and to grant appropriate authorizations for the construction and operation of each satellite ter- minal station. AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–414 struck out ‘‘as ex- peditiously as possible,’’ after ‘‘establishment and oper- ation,’’.