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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 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. [47 U.S.C. 765b) ELIMINATION OF PROCUREMENT PREF.
ERENCES. 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. (47 U.S.C. 7650) 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 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. (47 U.S.C. 765d) TERMINATION OF COMMUNICATIONS SAT.
ELLITE 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 504d).
(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 301; section 302; section 401; section 402; section 403; and sec
tion 404. SEC. 646. (47 U.S.C. 765e) REPORTS TO CONGRESS.
(a) ANNUAL REPORTS.—The 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.
(4) Impact privatization has had on United States industry, United States jobs, and United States industry's access to
the global marketplace. SEC. 647. (47 U.S.C. 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. 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. [47 U.S.C. 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 publie interest, convenience, and necessity so requires.
Subtitle D_Negotiations To Pursue
SEC. 661. (47 U.S.C. 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.
SEC. 681. (47 U.S.C. 769) DEFINITIONS.
(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 INTELŠAT, 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
term "separated entity" means a privatized entity to whom a portion of the assets owned by ÎNTELSAT or Inmarsat are transferred prior to full privatization of INTELSAT or Inmarsat, including in particular 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 occasionaluse 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.
(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 “G” 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 G 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.