20804 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Notices

1The Department notes that Inmarsat privatized

on April 15, 1999 and therefore this section of the

RFC is limited to INTELSAT.

482–0170, E-Mail:

Kathryn Hollander@ita.doc.gov

Natural Gas Technology/Power Plant

Retrofitting Business Development

Mission to Mexico

Mexico City and Monterrey, Mexico

September 10–14, 2000

Recruitment closes June 1, 2000

For further information contact: Samuel

Beatty, U.S. Department of Commerce,

Tel: 202–482–0179, Fax: 202–482–

0170, E-Mail:

Samuel Beatty@ita.doc.gov

District Heating Mission to Russia

Moscow and St. Petersburg, Russia

October 15–21, 2000

Recruitment closes June 1, 2000

For further information contact: Rachel

Halpern, U.S. Department of

Commerce, Tel: 202–482–4423, Fax:

202–482–0170, E-Mail:

Rachel Halpern@ita.doc.gov

Clean Energy Trade Mission to Saudi

Arabia

The United Arab Emirates, Qatar and

Oman

October 24–November 1, 2000

Recruitment closes June 1, 2000

For further information contact: Joseph

Ayoub, U.S. Department of

Commerce, Tel: 202–482–0313, Fax:

202–482–0170, E-Mail:

Joseph Ayoub@ita.doc.gov

Natural Gas and Cogeneration

Technologies Business Development

Mission

Rio de Janeiro and Sao Paulo, Brazil

November 5–9, 2000

Recruitment closes June 1, 2000

For further information contact: Sam

Beatty, U.S. Department of Commerce,

Tel: 202–482–4179, Fax: 202–482–

0170, E-mail:

Samuel Beatty@ita.doc.gov

Power Plant Renovation &

Modernization/Natural Gas Utilization/

Renewable Energy

Trade Mission to South Africa,

Pretoria and Johannesburg, South Africa

November 13–17, 2000

Recruitment closes June 1, 2000

For further information contact: John

Rasmussen, U.S. Department of

Commerce, Tel: 482–1889, Fax: 202–

482–0170, E-mail: John

Rasmussen@ita.doc.gov

Clean Energy Trade Mission to China

Beijing, Chengdu and Guangzhou, China

November 20–24, 2000

Recruitment closes June 1, 2000

For further information contact: Kathryn

Hollander, U.S. Department of

Commerce, Tel: 202–482–0385, Fax:

202–482–0170, E-mail:

Kathryn Hollander@ita.doc.gov

Clean Energy Trade Mission to India

New Delhi, Chennai, Calcutta and

Mumbai, India

November 26–December 3, 2000

Recruitment closes June, 2000

For further information contact: Nazir

Bhagat, U.S. Department of

Commerce, Tel: 202–482–3855, Fax:

202–482–5666, E-mail

Nazir Bhagat@ita.doc.gov

FOR FURTHER INFORMATION CONTACT:

Reginald Beckham , U.S. Department of

Commerce. Tel: 202–482–5478, Fax:

202–482–1999.

Dated: April 12, 2000.

Tom Nisbet,

Director, Promotion Planning and Support

Division, Office of Export Promotion

Coordination.

[FR Doc. 00–9689 Filed 4–17–00; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

National Telecommunications and

Information Administration

[Docket No. 000410098–0098–01]

RIN 0660–ZA12

Market for Satellite Communications

and the Role of Intergovernmental

Satellite Organizations

AGENCY: National Telecommunications

and Information Administration,

Commerce.

ACTION: Notice, request for comments.

SUMMARY: The Department of Commerce

requests comments regarding the

advantages accorded signatories of the

International Telecommunications

Satellite Organization (INTELSAT), in

terms of immunities, market access, or

otherwise, in the countries or regions

served by INTELSAT, the reason for

such advantages, and an assessment of

progress toward fulfilling a procompetitive privatization of that

organization.1 The International AntiBribery and Fair Competition Act of

1998, Pub. L. No. 105–366, implements

the Organization for Economic

Cooperation and Development (OECD)

Convention on Combating Bribery of

Foreign Public Officials in International

Business Transactions (the OECD

Convention). In that legislation, the U.S.

Congress imposed certain reporting

requirements for the Department of

Commerce to begin in 1999 and to

continue annually for each of the next

five years. The Secretary of Commerce

issued the first report in July 1999. See

Addressing the Challenges of

International Bribery and Fair

Competition—The First Annual Report

Under Section 6 of the International

Anti-Bribery and Fair Competition Act

of 1998, July 1999. The report may be

viewed at http://www.ita.doc.gov/legal/

master.html.

The House report on the legislation

expresses an expectation for extensive

fact-findings on the nature of the market

for satellite communications and, in

particular, the role of the then

intergovernmental satellite

organizations (ISOs) INTELSAT and

Inmarsat. The report required by the

legislation monitors the implementation

and enforcement of other nations’

commitments under the OECD

Convention and tracks the reduction of

privileges and immunities for the ISOs.

This Request for Comments (RFC) will

assist the Secretary of Commerce in

responding to those reporting

requirements.

Moreover, on March 17, 2000, the

President signed into law the OpenMarket Reorganization for the

Betterment of International

Telecommunications (ORBIT) Act, Pub.

L. No. 106–180. This legislation seeks to

‘‘promote a fully competitive global

market for satellite communications

services for the benefit of consumers

and providers of satellite services and

equipment by fully privatizing the

intergovernmental satellite

organizations, INTELSAT and

Inmarsat.’’ Id. at sec. 2. In addition, the

ORBIT Act requires the President to

provide an annual report to Congress on

the progress of privatization in relation

to the objectives, purposes, and

provisions of the Act, including the

‘‘(v)iews of the industry and consumers

on privatization’’ and the ‘‘[i]mpact

privatization has had on United States

industry, United States jobs, and United

States industry’s access to the global

marketplace.’’ See id. at sec. 646(b)(3)

and (4). By this public notice and RFC,

we are also soliciting the views of the

industry and consumers on such

privatization.

DATES: Comments must be received by

May 8, 2000.

ADDRESSES: The Department invites the

public to submit written comments in

paper or electronic form. Comments

may be mailed to Milton Brown,

National Telecommunications and

Information Administration (NTIA),

Room 4713, U.S. Department of

Commerce, 14th and Constitution

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Notices 20805

2See Treaty on Principles Governing the

Activities of States in the Exploration and Use of

Outer Space, Including the Moon and Other

Celestial Bodies.

3We note that there is a pending merger between

Comsat and Lockheed Martin Corporation.

4We also note that the ORBIT Act limits

privileges and immunities previously afforded

Comsat as the U.S. Signatory to INTELSAT. See

Pub. L. 106–180, sec. 642(b).

Avenue, NW, Washington, DC 20230.

Paper submissions should include a

version on diskette in ASCII, Word

Perfect (please specify version), or

Microsoft Word (please specify version)

format.

Comments submitted in electronic

form may be sent to

privatization@ntia.doc.gov. Electronic

comments should be submitted in the

formats specified above.

FOR FURTHER INFORMATION CONTACT:

Milton Brown, NTIA/OCC, (202) 482–

1816.

SUPPLEMENTARY INFORMATION:

Background

INTELSAT is a treaty-based global

communications satellite cooperative

with 143 member countries. INTELSAT

was created to enhance global

communications and to spread the risks

of creating a global satellite system

across telephone operating companies

from many countries.2 Inmarsat was

created to improve the global maritime

communications satellite system that

would provide distress, safety, and

communications services to seafaring

nations in a cooperative, cost-sharing

entity. Inmarsat privatized on April 15,

1999.

As an intergovernmental satellite

organization, INTELSAT is governed by

‘‘Parties’’ and managed by ‘‘signatories.’’

The Parties are the national government

members of the organizations who have

signed the INTELSAT Agreement.

Signatories are designated by each party

to participate in the commercial

operations of the organization. They

hold ownership interests in varying

degrees. They also assist with the

operation and management of the

systems and are distributors of ISO

services in their own countries.

Signatories may be government-owned

or controlled telecommunications

monopolies or other

telecommunications service providers.

The publically traded Comsat

Corporation (Comsat) is the U.S.

Signatory to INTELSAT.3 INTELSAT is

subject to oversight by the Assembly of

Parties, and signatories are subject to

oversight by their respective

governments.

To implement public service

obligations effectively and as part of

INTELSAT’s unique treaty status as an

international organization, it benefits

from certain privileges and immunities.

As such, it is generally immune from

suit, including private or public

prosecution on antitrust charges.4

Moreover, INTELSAT does not pay

taxes on revenues, and exemptions

extend to import duties and taxes,

communications and property taxes.

Signatories, however, are subject to

national taxes, including taxes on their

share of the organization’s distributed

returns.

The International Anti-Bribery and

Fair Competition Act of 1998, Pub. L.

105–366, requires the Secretary of

Commerce to submit a report to the

House of Representatives and the Senate

that contains information regarding the

OECD Convention including the

following: (1) A list of countries that

have ratified the Convention; (2) a

description of the domestic laws

enacted by each party to the Convention

that implements commitments under

the Convention; and (3) an assessment

of the measures taken by each party to

the Convention during the previous year

to fulfill its obligations under the

Convention. See Pub. L. 105–366, sec.

6(a). Accordingly, the Secretary of

Commerce is required to report, inter

alia, on the ‘‘terms of market access,

government ownership, government

contracts or connections, privileges and

immunities, favorable treatment by

national regulatory authorities or tax

treatment * * * in the countries or

regions served by the (INTELSAT), and

the reasons for such advantages.’’ H.R.

Rep. No. 105–802, at 9 (1998). In

preparation for this report, the Secretary

of Commerce is required to seek and

incorporate comments from the private

sector, including competing satellite

companies and satellite services users.

Id. The Secretary of Commerce issued

the first report in July 1999. See

Addressing the Challenges of

International Bribery and Fair

Competition—The First Annual Report

Under Section 6 of the International

Anti-Bribery and Fair Competition Act

of 1998, July 1999. The report may be

viewed at http://www.ita.doc.gov/legal/

master.html.

We are now formally soliciting public

comment for the Secretary’s second

annual report on the advantages, in

terms of immunities, market access, or

otherwise, in the countries or regions

served by INTELSAT, the reasons for

such advantages, and an assessment of

progress toward fulfilling a procompetitive privatization of this

organization. ‘‘Pro-competitive

privatization’’ is defined as

‘‘privatization that the President

determines to be consistent with the

United States policy of obtaining full

and open competition to such

organizations (or their successors), and

nondiscriminatory market access, in the

provision of satellite services.’’ See Pub.

L. 105–366, sec. 5(a)(2). Respondents

may find it useful to review the full text

of the International Anti-Bribery and

Fair Competition Act of 1998.

On March 17, 2000, the President

signed into law the Open-market

Reorganization for the Betterment of

International Telecommunications

(ORBIT) Act. Pub. L. 106–180. The

purpose of the ORBIT Act is ‘‘to

promote a fully competitive global

market for satellite communications

services for the benefit of consumers

and providers of satellite services and

equipment by fully privatizing the

intergovernmental satellite

organizations, INTELSAT and

Inmarsat.’’ Id. at sec. 2. To achieve this

goal, the ORBIT Act provides specific

criteria for licensing and market access

for INTELSAT, Inmarsat and New Skies

Satellites, and changes the statutes

affecting Comsat. In addition, the ORBIT

Act requires the President to provide an

annual report to Congress on the

progress of privatization in relation to

the objectives, purposes, and provisions

of the Act including the ‘‘(v)iews of the

industry and consumers on

privatization’’ and the ‘‘(i)mpact

privatization has had on United States

industry, United States jobs, and United

States industry’s access to the global

marketplace.’’ See id. at section

646(b)(3) and (4). By this public notice

and RFC, we are also soliciting the

views of the industry and consumers on

the privatization of INTELSAT and

Inmarsat with respect to the goals of

achieving a pro-competitive

privatization of these organizations.

Respondents may find it useful to

review the full text of the ORBIT Act.

Kathy Smith,

Chief Counsel.

[FR Doc. 00–9628 Filed 4–17–00; 8:45 am]

BILLING CODE 3510–60–P

DEPARTMENT OF DEFENSE

Office of the Secretary

Proposed Information Collection;

Comment Request

AGENCY: Deputy Under Secretary of

Defense for Program Integration, DoD.

ACTION: Notice.