Notes on 47 U.S.C. § 701 : US Code - Notes

Search Notes on 47 U.S.C. § 701 : US Code - Notes

SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-39, Sec. 1, June 30, 2003, 117 Stat. 835, provided
that: "This Act [amending section 763 of this title] may be cited
as the 'ORBIT Technical Corrections Act of 2003'."
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-180, Sec. 1, Mar. 17, 2000, 114 Stat. 48, provided
that: "This Act [enacting subchapter VI of this chapter] may be
cited as the 'Open-market Reorganization for the Betterment of
International Telecommunications Act' or the 'ORBIT Act'."
SHORT TITLE
Pub. L. 87-624, title I, Sec. 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, Sec. 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 Telecommunications Act'."
STYLISTIC CONSISTENCY
Pub. L. 103-414, title III, Sec. 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, Sec. 146, Aug. 16, 1985, 99 Stat. 425,
provided that:
"(a) Policy. - The Congress declares that it is the policy of the
United States -
"(1) as a party to the International Telecommunications
Satellite Organization (hereafter in this section referred to as
'Intelsat'), to foster and support the global commercial
communications satellite system 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 interest 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 global system of
Intelsat; and
"(3) to authorize use and operation of any additional 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. - Before consulting
with Intelsat for purposes of coordination 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 Commerce, ensure
that any proposed separate international satellite
telecommunications system comply 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 circumstances
warrant, paying particular attention to the need for avoiding
significant economic harm to the global system of Intelsat as well
as United States national 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 Commission, shall instruct the United States
signatory to Intelsat to ensure that sufficient documentation,
including 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 provide 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 notwithstanding the
Assembly's failure to approve such system, the Secretary of State,
after consultation with the Secretary of Commerce, shall submit to
the Congress 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 Commission. - 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 article XIV(d) of
the Intelsat Agreement have been met.
"(f) Implementation. - In implementing the provisions 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
between points within the United States and points outside the
United States, except that such term shall not include any
satellite or system of satellites established -
"(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."