[106th Congress Public Law 180]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ180.106]
[[Page 114 STAT. 48]]
Public Law 106-180
106th Congress
An Act
To amend the Communications Satellite Act of 1962 to promote competition
and privatization in satellite communications, and for other
purposes. <<NOTE: Mar. 17, 2000 - [S. 376]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Open-market Reorganization
for the Betterment of International Telecommunica- tions
Act.>> assembled,
SECTION <<NOTE: 47 USC 701 note.>> 1. SHORT TITLE.
This Act may be cited as the ``Open-market Reorganization for the
Betterment of International Telecommunications Act'' or the ``ORBIT
Act''.
SEC. 2. <<NOTE: 47 USC 761 note.>> PURPOSE.
It is the purpose of this Act to promote a fully competitive global
market for satellite communication services for the benefit of consumers
and providers of satellite services and equipment by fully privatizing
the intergovernmental satellite organizations, INTELSAT and Inmarsat.
SEC. 3. REVISION OF COMMUNICATIONS SATELLITE ACT OF 1962.
The Communications Satellite Act of 1962 (47 U.S.C. 701) is amended
by adding at the end the following new title:
``TITLE VI--COMMUNICATIONS COMPETITION AND PRIVATIZATION
``Subtitle A--Actions To Ensure Pro-Competitive Privatization
``SEC. 601. <<NOTE: 47 USC 761.>> FEDERAL COMMUNICATIONS
COMMISSION LICENSING.
``(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
jurisdiction 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
Commission does not make such a determination, it shall deny or
revoke authority to use space segment owned, leased, or operated
by the separated entity to provide services to, from, or within
the United States.
[[Page 114 STAT. 49]]
``(2) Criteria for competition test.--In making the
determination required by paragraph (1), the Commission shall
use the licensing criteria in sections 621 and 623, and shall
not make such a determination unless the Commission determines
that the privatization of any separated entity is consistent
with such criteria.
``(b) Licensing for INTELSAT, Inmarsat, and Successor Entities.--
``(1) Competition test.--
``(A) In general.--In considering the application of
INTELSAT, Inmarsat, or their successor entities 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 operated by INTELSAT,
Inmarsat, or their successor 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
telecommunications 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. <<NOTE: Applicability.>> After
due notice and opportunity for comment, the Commission
shall apply the same limitations, restrictions, and
conditions to all entities subject to United States
jurisdiction using space segment owned, leased, or
operated by INTELSAT, Inmarsat, or their successor
entities.
``(C) National security, law enforcement, and public
safety.--The Commission shall not impose any limitation,
condition, or restriction under subparagraph (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 enforcement 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.
[[Page 114 STAT. 50]]
``(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 621(5)(A), including such actions as may be
necessary for the United States to become the licensing
jurisdiction for INTELSAT, but the Commission shall
condition a grant of authority pursuant to this
subsection upon compliance with sections 621 and 622.
``(2) Criteria for competition test.--In making the
determination required by paragraph (1), the Commission shall
use the licensing criteria in sections 621, 622, and 624, and
shall determine that competition in the telecommunications
markets of the United States will be harmed unless the
Commission finds that the privatization referred 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 separated entities are able to
obtain non-core services from providers offering services other
than through INTELSAT or Inmarsat or successor or separated
entities, at competitive rates, terms, or conditions. Such
consideration shall also include whether such licensing
decisions would require users to replace equipment at
substantial costs prior to the termination of its design life.
In making its licensing decisions, the Commission shall also
consider whether competitive alternatives in individual markets
do not exist because they have been foreclosed due to
anticompetitive actions undertaken by or resulting from the
INTELSAT or Inmarsat systems. Such licensing decisions shall be
made in a manner which facilitates achieving the purposes and
goals in this title and shall be subject to notice and comment.
``(c) Additional Considerations in Determinations.--In making its
determinations and licensing decisions under subsections (a) and (b),
the Commission shall construe such subsections in a manner consistent
with the United States obligations and commitments for satellite
services under the Fourth Protocol to the General Agreement 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 separated entities, or from providing services through
reselling capacity over the facilities of satellite systems independent
from INTELSAT and Inmarsat, and successor or separated entities. 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 facilities described in this subsection.
``SEC. 602. <<NOTE: 47 USC 761a.>> INCENTIVES; LIMITATION ON
EXPANSION PENDING PRIVATIZATION.
``(a) Limitation.--Until INTELSAT, Inmarsat, and their successor or
separate entities are privatized in accordance with the requirements of
this title, INTELSAT, Inmarsat, and their successor or separate
entities, respectively, shall not be permitted to provide
[[Page 114 STAT. 51]]
additional services. The Commission shall take all necessary measures 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 facilitate
applications by such entities for new orbital locations to provide such
services.
``Subtitle B--Federal Communications Commission Licensing Criteria:
Privatization Criteria
``SEC. 621. <<NOTE: 47 USC 763.>> GENERAL CRITERIA TO ENSURE A
PRO-COMPETITIVE PRIVATIZATION OF
INTELSAT AND INMARSAT.
``The <<NOTE: President.>> President and the Commission shall secure
a pro-competitive privatization of INTELSAT and Inmarsat that meets the
criteria set forth in this section and sections 622 through 624. In
securing such privatizations, the following criteria shall be applied as
licensing criteria for purposes of subtitle A:
``(1) Dates for privatization.--Privatization shall be
obtained in accordance with the criteria of this title of--
``(A) INTELSAT as soon as practicable, but no later
than April 1, 2001; and
``(B) Inmarsat as soon as practicable, but no later
than July 1, 2000.
``(2) Independence.--The privatized successor entities and
separated entities of INTELSAT and Inmarsat shall operate as
independent commercial entities, and have a pro-competitive
ownership structure. The successor entities and separated
entities of INTELSAT and Inmarsat shall conduct an initial
public offering in accordance with paragraph (5) to achieve such
independence. Such offering shall substantially dilute the
aggregate ownership of such entities by such signatories or
former signatories. In determining whether a public offering
attains such substantial dilution, the Commission shall take
into account the purposes and intent, privatization criteria,
and other provisions of this title, as well as market
conditions. No intergovernmental organization, including
INTELSAT or Inmarsat, shall have--
``(A) an ownership interest in INTELSAT or the
successor or separated entities of INTELSAT; or
``(B) more than minimal ownership interest in
Inmarsat or the successor or separated entities of
Inmarsat.
``(3) Termination of privileges and immunities.--The
preferential treatment of INTELSAT and Inmarsat shall not be
extended to any successor entity or separated entity of INTELSAT
or Inmarsat. Such preferential treatment includes--
``(A) privileged or immune treatment by national
governments;
``(B) privileges or immunities or other competitive
advantages of the type accorded INTELSAT and Inmarsat
and their signatories through the terms and operation of
the INTELSAT Agreement and the associated Headquarters
Agreement and the Inmarsat Convention; and
``(C) preferential access to orbital locations.
[[Page 114 STAT. 52]]
Access to new, or renewal of access to, orbital locations shall
be subject to the legal or regulatory processes of a national
government that applies due diligence requirements intended to
prevent the warehousing of orbital locations.
``(4) Prevention of expansion during transition.--During the
transition period prior to privatization under this title,
INTELSAT and Inmarsat shall be precluded from expanding into
additional services.
``(5) Conversion to stock corporations.--Any successor
entity or separated entity created out of INTELSAT or Inmarsat
shall be a national corporation or similar accepted commercial
structure, subject to the laws of the nation in which
incorporated, as follows:
``(A) <<NOTE: Deadlines.>> An initial public
offering of securities of any successor entity or
separated entity--
``(i) shall be conducted, for the successor
entities of INTELSAT, on or about October 1, 2001,
except that the Commission may extend this
deadline in consideration of market conditions and
relevant business factors relating to the timing
of an initial public offering, but such extensions
shall not permit such offering to be conducted
later than December 31, 2002; and
``(ii) shall be conducted, for the successor
entities of Inmarsat, on or about October 1, 2000,
except that the Commission may extend this
deadline in consideration of market conditions and
relevant business factors relating to the timing
of an initial public offering, but to no later
than December 31, 2001.
``(B) The shares of any successor entities and
separated entities shall be listed for trading on one or
more major stock exchanges with transparent and
effective securities regulation.
``(C) A majority of the members of the board of
directors of any successor entity or separated entity
shall not be directors, employees, officers, or managers
or otherwise serve as representatives of any signatory
or former signatory. No member of the board of directors
of any successor or separated entity shall be a
director, employee, officer or manager of any
intergovernmental organization remaining after the
privatization.
``(D) Any successor entity or separated entity
shall--
``(i) have a board of directors with a
fiduciary obligation;
``(ii) have no officers or managers who (I)
are officers or managers of any signatories or
former signatories, or (II) have any direct
financial interest in or financial relationship to
any signatories or former signatories, except that
such interest may be managed through a blind trust
or similar mechanism;
``(iii) have no directors, officers, or
managers who hold such positions in any
intergovernmental organization; and
``(iv) in the case of a separated entity, 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 relationship
[[Page 114 STAT. 53]]
to any international organization, except that
such interest may be managed through a blind trust
or similar mechanism.
``(E) Any transactions or other relationships
between or among any successor entity, separated entity,
INTELSAT, or Inmarsat shall be conducted on an arm's
length basis.
``(6) Regulatory treatment.--Any successor entity or
separated entity created after the date of enactment of this
title shall apply through the appropriate national licensing
authorities for international frequency assignments 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 telecommunications services;
``(B) are signatories of the World Trade
Organization Basic Telecommunications Services
Agreement; and
``(C) have a schedule of commitments in such
Agreement that includes non-discriminatory market access
to their satellite markets.
``SEC. 622. <<NOTE: 47 USC 763a.>> SPECIFIC CRITERIA FOR INTELSAT.
``In securing the privatizations required by section 621, the
following additional criteria with respect to INTELSAT privatization
shall be applied as licensing criteria for purposes of subtitle A:
``(1) Technical coordination under intelsat agreements.--
Technical coordination shall not be used to impair competition
or competitors, and shall be conducted under International
Telecommunication Union procedures and not under Article XIV(d)
of the INTELSAT Agreement.
``SEC. 623. <<NOTE: 47 USC 763b.>> SPECIFIC CRITERIA FOR INTELSAT
SEPARATED ENTITIES.
``In securing the privatizations required by section 621, the
following additional criteria with respect to any INTELSAT separated
entity shall be applied as licensing criteria for purposes of subtitle
A:
``(1) Date for public offering.--Within one year after any
decision to create any separated entity, a public offering of
the securities of such entity shall be conducted. In the case of
a separated entity created before January 1, 1999, such public
offering shall be conducted no later than July 1, 2000, except
that the Commission may extend this deadline in consideration of
market conditions and relevant business factors relating to the
timing of an initial public offering, but such extensions shall
not permit such offering to be conducted later than July 31,
2001.
``(2) Interlocking directorates or employees.--None of the
officers, directors, or employees of any separated entity shall
be individuals who are officers, directors, or employees of
INTELSAT.
``(3) Spectrum assignments.--After the initial transfer
which may accompany the creation of a separated entity, the
portions of the electromagnetic spectrum assigned as of the date
of enactment of this title to INTELSAT shall not be transferred
between INTELSAT and any separated entity.
[[Page 114 STAT. 54]]
``(4) Reaffiliation prohibited.--Any merger or ownership or
management ties or exclusive arrangements between a privatized
INTELSAT or any successor entity and any separated entity shall
be prohibited until 11 years after the completion of INTELSAT
privatization under this title.
``SEC. 624. <<NOTE: 47 USC 763c.>> SPECIFIC CRITERIA FOR INMARSAT.
``In securing the privatizations required by section 621, the
following additional criteria with respect to Inmarsat privatization
shall be applied as licensing criteria for purposes of subtitle A:
``(1) Reaffiliation prohibited.--Any merger, ownership of
more than one percent of the voting securities, or management
ties or exclusive arrangements between Inmarsat or any successor
entity or separated entity and ICO shall be prohibited until 15
years after the completion of Inmarsat privatization under this
title.
``(2) Interlocking directorates or employees.--None of the
officers, directors, or employees of Inmarsat or any successor
entity or separated entity shall be individuals who are
officers, directors, or employees of ICO.
``(3) Preservation of the gmdss.--The United States shall
seek to preserve space segment capacity of the GMDSS.
``SEC. 625. <<NOTE: 47 USC 763d.>> ENCOURAGING MARKET ACCESS AND
PRIVATIZATION.
``(a) NTIA Determination.--
``(1) Determination required.--
Within <<NOTE: Deadline. Records.>> 180 days after the date of
enactment of this section, the Secretary of Commerce shall,
through the Assistant Secretary for Communications and
Information, transmit to the Commission--
``(A) a list of Member countries of INTELSAT and
Inmarsat that are not Members 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 Members of the World Trade
Organization and that are not supporting pro-competitive
privatization of INTELSAT and Inmarsat.
``(2) Consultation.--The Secretary's determinations under
paragraph (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 account
the totality of a country's actions in all relevant fora,
including the Assemblies of Parties of INTELSAT and Inmarsat.
``(b) Imposition of Cost-Based Settlement Rate.--Notwithstanding--
``(1) any higher settlement rate that an overseas carrier
charges any United States carrier to originate or terminate
international message telephone services; and
``(2) any transition period that would otherwise apply,
the Commission may by rule prohibit United States carriers from paying
an amount in excess of a cost-based settlement rate to overseas carriers
in countries listed by the Commission pursuant to subsection (a).
``(c) Settlements Policy.--The Commission shall, in exercising its
authority to establish settlements rates for United States international
common carriers, seek to advance United States policy
[[Page 114 STAT. 55]]
in favor of cost-based settlements in all relevant fora on international
telecommunications policy, including in meetings with parties and
signatories of INTELSAT and Inmarsat.
``Subtitle C--Deregulation and Other Statutory Changes
``SEC. 641. <<NOTE: 47 USC 765.>> ACCESS TO INTELSAT.
``(a) Access Permitted.--Beginning <<NOTE: Effective date.>> on the
date of enactment of this title, users or providers of
telecommunications services shall be permitted 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
the date of enactment of this title, as `Level III'.
``(b) Rulemaking.--Within <<NOTE: Deadline. Notice.>> 180 days after
the date of enactment of this title, the Commission shall complete a
rulemaking, with notice 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 requirements. If the Commission determines that such
opportunity to access does not exist, the Commission shall take
appropriate action to facilitate such direct access pursuant to its
authority under this Act and the Communications Act of 1934. The
Commission shall take such steps as may be necessary to prevent the
circumvention of the intent of this section.
``(c) Contract Preservation.--Nothing in this section shall be
construed to permit the abrogation or modification of any contract.
``SEC. 642. <<NOTE: 47 USC 765a.>> SIGNATORY ROLE.
``(a) Limitations on Signatories.--
``(1) National security limitations.--The Federal
Communications Commission, after a public interest
determination, in consultation with the executive branch, may
restrict foreign ownership of a United States signatory if the
Commission determines that not to do so would constitute a
threat to national security.
``(2) No signatories required.--The United States Government
shall not require signatories to represent the United States in
INTELSAT or Inmarsat or in any successor entities after a pro-
competitive privatization is achieved consistent with sections
621, 622, and 624.
``(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 relationships and activities with foreign
[[Page 114 STAT. 56]]
governments, international entities, and the intergovernmental
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
representative 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 before
the date of enactment of this title.
``(c) Parity of Treatment.--Notwithstanding any other law or
executive agreement, the Commission shall have the authority to impose
similar regulatory fees on the United States signatory which it imposes
on other entities providing similar services.
``SEC. 643. <<NOTE: 47 USC 765b.>> ELIMINATION OF PROCUREMENT
PREFERENCES.
``Nothing in this title or the Communications Act of 1934 shall be
construed to authorize or require any preference, in Federal Government
procurement of telecommunications services, for the satellite space
segment provided by INTELSAT, Inmarsat, or any successor entity or
separated entity.
``SEC. 644. <<NOTE: 47 USC 765c.>> ITU FUNCTIONS.
``(a) Technical Coordination.--The Commission and United States
satellite companies shall utilize the International Telecommunication
Union procedures for technical coordination with INTELSAT and its
successor entities and separated entities, rather than INTELSAT
procedures.
``(b) ITU <<NOTE: President.>> Notifying Administration.--The
President and the Commission shall take the action necessary to ensure
that the United States remains the ITU notifying administration for the
privatized INTELSAT's existing and future orbital slot registrations.
``SEC. 645. <<NOTE: 47 USC 765d.>> TERMINATION OF COMMUNICATIONS
SATELLITE ACT OF 1962 PROVISIONS.
``Effective on the dates specified, the following provisions of this
Act shall cease to be effective:
``(1) Date of enactment of this title: Paragraphs (1), (5)
and (6) of section 201(a); section 201(b); paragraphs (1), (3)
through (5), and (8) through (10) of section 201(c); section
303; section 304; section 502; section 503; paragraphs (2) and
(4) of section 504(a); and section 504(c).
``(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 determined by INTELSAT
to implement privatization: Section 305.
``(3) On the effective date of a Commission order
determining under section 601(b)(2) that Inmarsat privatization
is consistent with criteria in sections 621 and 624: Sections
504(b) and 504(d).
``(4) On the effective date of a Commission order
determining under section 601(b)(2) that INTELSAT privatization
is consistent with criteria in sections 621 and 622: Section
102; section 103(7); paragraphs (2) through (4) and (7) of
section 201(a); paragraphs (2), (6), and (7) of section 201(c);
section
[[Page 114 STAT. 57]]
301; section 302; section 401; section 402; section 403; and
section 404.
``SEC. 646. <<NOTE: 47 USC 765e.>> REPORTS TO CONGRESS.
``(a) Annual Reports.--The <<NOTE: President. Deadline. Public
information.>> President and the Commission shall report to the
Committees on Commerce and International Relations of the House of
Representatives and the Committees on Commerce, Science, and
Transportation and Foreign Relations of the Senate within 90 calendar
days of the enactment of this title, and not less than annually
thereafter, on the progress made to achieve the objectives and carry out
the purposes and provisions of this title. Such reports shall be made
available immediately to the public.
``(b) Contents of Reports.--The reports submitted pursuant to
subsection (a) shall include the following:
``(1) Progress with respect to each objective since the most
recent preceding report.
``(2) Views of the Parties with respect to privatization.
``(3) Views of industry and consumers on privatization.
``(4) Impact privatization has had on United States
industry, United States jobs, and United States industry's
access to the global marketplace.
``SEC. 647. <<NOTE: 47 USC 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 international or global
satellite communications services. <<NOTE: President.>> The President
shall oppose in the International Telecommunication Union and in other
bilateral and multilateral fora any assignment by competitive bidding of
orbital locations or spectrum used for the provision of such services.
``SEC. 648. <<NOTE: 47 USC 765g.>> EXCLUSIVITY ARRANGEMENTS.
``(a) In General.--No satellite operator shall acquire or enjoy the
exclusive right of handling telecommunications to or from the United
States, its territories 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 operator are parties.
``(b) Exception.--In enforcing the provisions of this section, the
Commission--
``(1) shall not require the termination of existing
satellite telecommunications services under contract with, or
tariff commitment to, such satellite operator; but
``(2) may require the termination of new services only to
the country that has provided the exclusive right to handle
telecommunications, if the Commission determines the public
interest, convenience, and necessity so requires.
[[Page 114 STAT. 58]]
``Subtitle D--Negotiations To Pursue Privatization
``SEC. 661. <<NOTE: President. 47 USC 767.>> METHODS TO PURSUE
PRIVATIZATION.
``The President shall secure the pro-competitive privatizations
required by this title in a manner that meets the criteria in subtitle
B.
``Subtitle E--Definitions
``SEC. 681. <<NOTE: 47 USC 769.>> DEFINITIONS.
``(a) In General.--As used in this title:
``(1) INTELSAT.--The term `INTELSAT' means the International
Telecommunications Satellite Organization established pursuant
to the Agreement Relating to the International
Telecommunications Satellite Organization (INTELSAT).
``(2) Inmarsat.--The term `Inmarsat' means the International
Mobile Satellite Organization established 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 either 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 nation 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 entered into force.
``(5) Commission.--The term `Commission' means the Federal
Communications Commission.
``(6) International telecommunication union.--The term
`International Telecommunication Union' means the
intergovernmental organization that is a specialized agency of
the United Nations in which member countries cooperate for the
development of telecommunications, including adoption of
international 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 assets owned by
INTELSAT or Inmarsat are transferred prior to full privatization
of INTELSAT or Inmarsat, including in particular
[[Page 114 STAT. 59]]
the entity whose structure was under discussion by INTELSAT as
of March 25, 1998, but excluding ICO.
``(9) Orbital location.--The term `orbital location' means
the location for placement of a satellite on the geostationary
orbital arc as defined in the International Telecommunication
Union Radio Regulations.
``(10) Space segment.--The term `space segment' means the
satellites, and the tracking, telemetry, command, control,
monitoring and related facilities and equipment used to support
the operation of satellites owned or leased by INTELSAT,
Inmarsat, or a separated entity or successor entity.
``(11) Non-core services.--The term `non-core services'
means, with respect to INTELSAT provision, services other than
public-switched network voice telephony and occasional-use
television, and with respect to Inmarsat provision, services
other than global maritime distress and safety services or other
existing maritime or aeronautical services for which there are
not alternative providers.
``(12) Additional services.--The term `additional services'
means--
``(A) for Inmarsat, those non-maritime or non-
aeronautical mobile services in the 1.5 and 1.6 Ghz band
on planned satellites or the 2 Ghz band; and
``(B) for INTELSAT, direct-to-home (DTH) or direct
broadcast satellite (DBS) video services, or services in
the Ka or V bands.
``(13) INTELSAT agreement.--The term `INTELSAT Agreement'
means the Agreement Relating to the International
Telecommunications Satellite Organization (`INTELSAT'),
including all its annexes (TIAS 7532, 23 UST 3813).
``(14) Headquarters agreement.--The term `Headquarters
Agreement' means the International Telecommunication Satellite
Organization Headquarters Agreement (November 24, 1976) (TIAS
8542, 28 UST 2248).
``(15) Operating agreement.--The term `Operating Agreement'
means--
``(A) in the case of INTELSAT, the agreement,
including its annex but excluding all titles of
articles, opened for signature at Washington on August
20, 1971, by Governments or telecommunications entities
designated by Governments in accordance with the
provisions of the Agreement; and
``(B) in the case of Inmarsat, the Operating
Agreement on the International Maritime Satellite
Organization, including its annexes.
``(16) Inmarsat convention.--The term `Inmarsat Convention'
means the Convention on the International Maritime Satellite
Organization (Inmarsat) (TIAS 9605, 31 UST 1).
``(17) National corporation.--The term `national
corporation' means a corporation the ownership of which is held
through publicly traded securities, and that is incorporated
under, and subject to, the laws of a national, state, or
territorial government.
``(18) COMSAT.--The term `COMSAT' means the corporation
established pursuant to title III of the Communications
Satellite Act of 1962 (47 U.S.C. 731 et seq.), or the successor
in interest to such corporation.
[[Page 114 STAT. 60]]
``(19) ICO.--The term `ICO' means the company known, as of
the date of enactment of this title, as ICO Global
Communications, Inc.
``(20) Global maritime distress and safety services or
gmdss.--The term `global maritime distress and safety services'
or `GMDSS' means the automated ship-to-shore distress alerting
system which uses satellite and advanced terrestrial systems for
international distress communications and promoting maritime
safety in general. The GMDSS permits the worldwide alerting of
vessels, coordinated search and rescue operations, and
dissemination of maritime safety information.
``(21) National security agency.--The term `national
security agency' means the National Security Agency, the
Director of Central Intelligence and the Central Intelligence
Agency, the Department of Defense, and the Coast Guard.
``(b) Common Terminology.--Except as otherwise provided in
subsection (a), terms used in this title that are defined in section 3
of the Communications Act of 1934 have the meanings provided in such
section.''.
Approved March 17, 2000.
LEGISLATIVE HISTORY--S. 376 (H.R. 3261):
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HOUSE REPORTS: No. 106-509 (Comm. of Conference).
SENATE REPORTS: No. 106-100 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
July 1, considered and passed
Senate.
Nov. 10, considered and passed
House, amended, in lieu of H.R.
3261.
Vol. 146 (2000):
Mar. 2, Senate agreed to conference
report.
Mar. 9, House agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Mar. 17, Presidential statement.
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