47 U.S.C. § 763c — Space segment capacity of the GMDSS

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. Page 360 TITLE 47—TELECOMMUNICATIONS § 763d 1 See References in Text note below. (Pub. L. 87–624, title VI, § 624, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 54; amended Pub. L. 109–34, § 3, July 12, 2005, 119 Stat. 377.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–34 amended section catchline and text generally, substituting provisions relating to space segment capacity of the GMDSS for provisions relating to specific criteria for Inmarsat privatization. § 763d. Encouraging market access and privatiza- tion (a) NTIA determination (1) Determination required Within 180 days after March 17, 2000, the Sec- retary of Commerce shall, through the Assist- ant Secretary for Communications and Infor- mation, transmit to the Commission— (A) a list of Member countries of INTELSAT and Inmarsat that are not Mem- bers of the World Trade Organization and that impose barriers to market access for private satellite systems; and (B) a list of Member countries of INTELSAT and Inmarsat that are not Mem- bers of the World Trade Organization and that are not supporting pro-competitive pri- vatization of INTELSAT and Inmarsat. (2) Consultation The Secretary’s determinations under para- graph (1) shall be made in consultation with the Federal Communications Commission, the Secretary of State, and the United States Trade Representative, and shall take into ac- count the totality of a country’s actions in all relevant fora, including the Assemblies of Par- ties of INTELSAT and Inmarsat. (b) Imposition of cost-based settlement rate Notwithstanding— (1) any higher settlement rate that an over- seas carrier charges any United States carrier to originate or terminate international mes- sage telephone services; and (2) any transition period that would other- wise apply, the Commission may by rule prohibit United States carriers from paying an amount in excess of a cost-based settlement rate to overseas car- riers in countries listed by the Commission pur- suant to subsection (a). (c) Settlements policy The Commission shall, in exercising its au- thority to establish settlements rates for United States international common carriers, seek to advance United States policy in favor of cost- based settlements in all relevant fora on inter- national telecommunications policy, including in meetings with parties and signatories of INTELSAT and Inmarsat. (Pub. L. 87–624, title VI, § 625, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 54.) PART C—DEREGULATION AND OTHER STATUTORY CHANGES § 765. Access to INTELSAT (a) Access permitted Beginning on March 17, 2000, users or providers of telecommunications services shall be per- mitted to obtain direct access to INTELSAT telecommunications services and space segment capacity through purchases of such capacity or services from INTELSAT. Such direct access shall be at the level commonly referred to by INTELSAT, on March 17, 2000, as ‘‘Level III’’. (b) Rulemaking Within 180 days after March 17, 2000, the Com- mission shall complete a rulemaking, with no- tice and opportunity for submission of comment by interested persons, to determine if users or providers of telecommunications services have sufficient opportunity to access INTELSAT space segment capacity directly from INTELSAT to meet their service or capacity re- quirements. If the Commission determines that such opportunity to access does not exist, the Commission shall take appropriate action to fa- cilitate such direct access pursuant to its au- thority under this chapter and the Communica- tions Act of 1934 [47 U.S.C. 151 et seq.]. The Com- mission shall take such steps as may be nec- essary to prevent the circumvention of the in- tent of this section. (c) Contract preservation Nothing in this section shall be construed to permit the abrogation or modification of any contract. (Pub. L. 87–624, title VI, § 641, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 55.) Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in sub- sec. (b), 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. § 765a. Signatory role (a) Limitations on signatories (1) National security limitations The Federal Communications Commission, after a public interest determination, in con- sultation with the executive branch, may re- strict foreign ownership of a United States signatory if the Commission determines that not to do so would constitute a threat to na- tional security. (2) No signatories required The United States Government shall not re- quire signatories to represent the United States in INTELSAT or Inmarsat or in any successor entities after a pro-competitive pri- vatization is achieved consistent with sections 763, 763a, and 763c 1 of this title.