‘‘(A) COMSAT has submitted to the
INTELSAT Board of Governors a resolution
calling for the pro-competitive privatization of
INTELSAT in accordance with the requirements
of this title; and
‘‘(B) the United States has submitted such
resolution at the first INTELSAT Assembly of
Parties meeting that takes place after such date
of enactment.
‘‘(3) SECOND FINDING.—In making the finding
required to be made on or before January 1, 2000, the
Commission shall not find that the conditions re-
quired by this subsection have been attained unless
the INTELSAT Assembly of Parties has created a
working party to consider and make recommenda-
tions 
for 
the 
pro-competitive 
privatization 
of
INTELSAT consistent with such resolution.
‘‘(4) THIRD FINDING.—In making the finding re-
quired to be made on or before January 1, 2001, the
Commission shall not find that the conditions re-
quired by this subsection have been attained unless
the INTELSAT Assembly of Parties has approved a
recommendation for the pro-competitive privatization
of INTELSAT in accordance with the requirements of
this title.
‘‘(5) FOURTH FINDING.—In making the finding
required to be made on or before January 1, 2002, the
Commission shall not find that the conditions re-
quired by this subsection have been attained unless
the pro-competitive privatization of INTELSAT in
accordance with the requirements of this title has been
achieved by such date.
‘‘(6) CRITERIA FOR EVALUATION OF HINDERING
ACCESS.—The Commission shall not make a deter-
mination under paragraph (1)(B) unless the Commis-
sion determines that INTELSAT and Inmarsat are
not in any way impairing, delaying, or denying ac-
cess to national markets or orbital locations.
‘‘(c) EXCEPTION
FOR SERVICES UNDER EXISTING
CONTRACTS IF PROGRESS NOT MADE.—This section shall
not preclude INTELSAT or Inmarsat or any signatory
thereof from continuing to provide additional services under
an agreement with any third party entered into prior to
any finding under subsection (b) that the conditions of such
subsection have not been attained.
‘‘Subtitle B—Federal Communica-
tions Commission Licensing Cri-
teria: Privatization Criteria
‘‘SEC. 621. GENERAL CRITERIA TO ENSURE A PRO-COMPETI-
TIVE 
PRIVATIZATION 
OF 
INTELSAT 
AND
INMARSAT.
‘‘The 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 January 1, 2002, and
‘‘(B) Inmarsat as soon as practicable, but
no later than January 1, 2001.
‘‘(2) INDEPENDENCE.—The successor entities and
separated entities of INTELSAT and Inmarsat re-
sulting from the privatization obtained pursuant to
paragraph (1) shall—
‘‘(A) be entities that are national corpora-
tions; and
‘‘(B) have ownership and management that
is independent of—
‘‘(i) any signatories or former signato-
ries that control access to national tele-
communications markets; and
‘‘(ii) any intergovernmental organiza-
tion remaining after the privatization.
‘‘(3) TERMINATION OF PRIVILEGES AND IMMUNI-
TIES.—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 com-
petitive 
advantages 
of 
the 
type 
accorded
INTELSAT and Inmarsat and their signatories
through 
the 
terms 
and 
operation 
of 
the
INTELSAT Agreement and the associated Head-
quarters Agreement and the Inmarsat Conven-
tion; and
‘‘(C) preferential access to orbital locations,
including any access to orbital locations that is
not 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 TRAN-
SITION.—During the transition period prior to full
privatization, INTELSAT and Inmarsat shall be pre-
cluded from expanding into additional services (in-
cluding additional applications of existing services)
or additional areas of business.
‘‘(5) CONVERSION TO STOCK CORPORATIONS.—
Any successor entity or separated entity created out
of INTELSAT or Inmarsat shall be a national cor-
poration established through the execution of an ini-
tial public offering as follows:
‘‘(A) Any successor entities and separated
entities shall be incorporated as private corpora-
tions subject to the laws of the nation in which
incorporated.
‘‘(B) An initial public offering of securities
of any successor entity or separated entity shall
be conducted no later than—
‘‘(i) January 1, 2001, for the successor
entities of INTELSAT; and
‘‘(ii) January 1, 2000, for the successor
entities of Inmarsat.
‘‘(C) 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.
‘‘(D) A majority of the board of directors of
any successor entity or separated entity shall not
be subject to selection or appointment by, or oth-
erwise serve as representatives of—
‘‘(i) any signatory or former signatory
that controls access to national tele-
communications markets; or
‘‘(ii) any intergovernmental organiza-
tion remaining after the privatization.
‘‘(E) Any transactions or other relation-
ships 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 shall apply through the ap-
propriate national licensing authorities for inter-
national frequency assignments and associated orbital
registrations for all satellites.
‘‘(7) COMPETITION
POLICIES
IN
DOMICILIARY
COUNTRY.—Any successor entity or separated entity
shall be incorporated and headquartered in a nation
or nations that—
‘‘(A) have effective laws and regulations
that secure competition in telecommunications
services;
‘‘(B) are signatories of the World Trade Or-
ganization Basic Telecommunications Services
Agreement; and
‘‘(C) have a schedule of commitments in
such Agreement that includes non-discriminatory
market access to their satellite markets.
‘‘(8) RETURN
OF
UNUSED
ORBITAL
LOCA-
TIONS.—INTELSAT, Inmarsat, and any successor
entities and separated entities shall not be permitted
to warehouse any orbital location that—
‘‘(A) as of March 25, 1998, did not contain
a satellite that was providing commercial serv-
ices, or, subsequent to such date, ceased to con-
tain a satellite providing commercial services; or
‘‘(B) as of March 25, 1998, was not des-
ignated in INTELSAT or Inmarsat operational
plans for satellites for which construction con-
tracts had been executed.
Any such orbital location of INTELSAT or Inmarsat
and of any successor entities and separated entities
shall be returned to the International Telecommuni-
cation Union for reallocation.
‘‘(9) APPRAISAL OF ASSETS.—Before any trans-
fer of assets by INTELSAT or Inmarsat to any suc-
cessor entity or separated entity, such assets shall be
independently audited for purposes of appraisal, at
both book and fair market value.
‘‘(10) LIMITATION
ON
INVESTMENT.—Notwith-
standing the provisions of this title, COMSAT shall
not be authorized by the Commission to invest in a
satellite known as K–TV, unless Congress authorizes
such investment.
‘‘SEC. 622. 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 cri-
teria for purposes of subtitle A:
‘‘(1) NUMBER OF COMPETITORS.—The number of
competitors in the markets served by INTELSAT, in-
cluding the number of competitors created out of
INTELSAT, shall be sufficient to create a fully com-
petitive market.
‘‘(2) PREVENTION OF EXPANSION DURING TRAN-
SITION.—
‘‘(A) IN GENERAL.—Pending privatization
in accordance with the criteria in this title,
INTELSAT shall not expand by receiving addi-
tional orbital locations, placing new satellites in
existing locations, or procuring new or addi-
tional satellites except as permitted by subpara-
graph (B), and the United States shall oppose
such expansion—
‘‘(i) in INTELSAT, including at the
Assembly of Parties,
‘‘(ii) 
in 
the 
International 
Tele-
communication Union,
‘‘(iii) through United States instruc-
tions to COMSAT,
‘‘(iv) in the Commission, through de-
clining to facilitate the registration of addi-
tional orbital locations or the provision of
additional services (including additional
applications of existing services) or addi-
tional areas of business; and
‘‘(v) in other appropriate fora.
‘‘(B) EXCEPTION
FOR
CERTAIN
REPLACE-
MENT SATELLITES.—The limitations in subpara-
graph (A) shall not apply to any replacement
satellites if—
‘‘(i) such replacement satellite is used
solely to provide public-switched network
voice telephony or occasional-use television
services, or both;
‘‘(ii) such replacement satellite is pro-
cured pursuant to a construction contract
that was executed on or before March 25,
1998; and
‘‘(iii) construction of such replacement
satellite commences on or before the final
date for INTELSAT privatization set forth
in section 621(1)(A).
‘‘(3) TECHNICAL COORDINATION AMONG SIGNATO-
RIES.—Technical coordination shall not be used to
impair competition or competitors, and coordination
under Article XIV(d) of the INTELSAT Agreement
shall be eliminated.
‘‘SEC. 623. 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 en-
tity, a public offering of the securities of such entity
shall be conducted.
‘‘(2) PRIVILEGES AND IMMUNITIES.—The privi-
leges and immunities of INTELSAT and its signato-
ries shall be waived with respect to any transactions
with any separated entity, and any limitations on
private causes of action that would otherwise gen-
erally be permitted against any separated entity shall
be eliminated.
‘‘(3) INTERLOCKING DIRECTORATES OR EMPLOY-
EES.—None of the officers, directors, or employees of
any separated entity shall be individuals who are of-
ficers, directors, or employees of INTELSAT.
‘‘(4) SPECTRUM ASSIGNMENTS.—After the initial
transfer which may accompany the creation of a sep-
arated entity, the portions of the electromagnetic spec-
trum assigned as of the date of enactment of this title
to INTELSAT shall not be transferred between
INTELSAT and any separated entity.
‘‘(5) REAFFILIATION PROHIBITED.—Any merger
or ownership or management ties or exclusive ar-
rangements between a privatized INTELSAT or any
successor entity and any separated entity shall be
prohibited until 15 years after the completion of
INTELSAT privatization under this title.
‘‘SEC. 624. 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 cri-
teria for purposes of subtitle A:
‘‘(1) MULTIPLE SIGNATORIES AND DIRECT AC-
CESS.—Multiple signatories and direct access to
Inmarsat shall be permitted.
‘‘(2) PREVENTION OF EXPANSION DURING TRAN-
SITION.—Pending privatization in accordance with
the criteria in this title, Inmarsat should not expand
by receiving additional orbital locations, placing new
satellites in existing locations, or procuring new or
additional satellites, except for specified replacement
satellites for which construction contracts have been
executed as of March 25, 1998, and the United States
shall oppose such expansion—
‘‘(A) in Inmarsat, including at the Council
and Assembly of Parties,
‘‘(B) in the International Telecommuni-
cation Union,
‘‘(C) through United States instructions to
COMSAT,
‘‘(D) in the Commission, through declining
to facilitate the registration of additional orbital
locations or the provision of additional services
(including additional applications of existing
services) or additional areas of business, and
‘‘(E) in other appropriate fora.
This paragraph shall not be construed as limiting the
maintenance, assistance or improvement of the
GMDSS.
‘‘(3) NUMBER OF COMPETITORS.—The number of
competitors in the markets served by Inmarsat, in-
cluding the number of competitors created out of
Inmarsat, shall be sufficient to create a fully competi-
tive market.
‘‘(4) REAFFILIATION PROHIBITED.—Any merger
or ownership or management ties or exclusive ar-
rangements between Inmarsat or any successor entity
or separated entity and ICO shall be prohibited until
15 years after the completion of Inmarsat privatiza-
tion under this title.
‘‘(5) INTERLOCKING DIRECTORATES OR EMPLOY-
EES.—None of the officers, directors, or employees of
Inmarsat or any successor entity or separated entity
shall be individuals who are officers, directors, or em-
ployees of ICO.
‘‘(6) SPECTRUM ASSIGNMENTS.—The portions of
the electromagnetic spectrum assigned as of the date
of enactment of this title to Inmarsat—
‘‘(A) shall, after January 1, 2006, or the
date on which the life of the current generation
of Inmarsat satellites ends, whichever is later, be
made available for assignment to all systems (in-
cluding the privatized Inmarsat) on a non-
discriminatory basis and in a manner in which
continued availability of the GMDSS is pro-
vided; and
‘‘(B) shall not be transferred between
Inmarsat and ICO.
‘‘(7) PRESERVATION
OF
THE
GMDSS.—The
United States shall seek to preserve space segment ca-
pacity of the GMDSS.
‘‘SEC. 625. ENCOURAGING MARKET ACCESS AND PRIVATIZA-
TION.
‘‘(a) NTIA DETERMINATION.—
‘‘(1) DETERMINATION
REQUIRED.—Within 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 im-
pose barriers to market access for private sat-
ellite 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 deter-
minations under paragraph (1) shall be made in con-
sultation with the Federal Communications Commis-
sion, 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, in-
cluding 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 car-
riers from paying an amount in excess of a cost-based settle-
ment 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 ad-
vance United States policy 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. DIRECT ACCESS; TREATMENT OF COMSAT AS
NONDOMINANT CARRIER.
‘‘The Commission shall take such actions as may be
necessary—
‘‘(1) to permit providers or users of tele-
communications services to obtain direct access to
INTELSAT telecommunications services—
‘‘(A) through purchases of space segment ca-
pacity from INTELSAT as of January 1, 2000,
if the Commission determines that—
‘‘(i) INTELSAT has adopted a usage
charge mechanism that ensures fair com-
pensation to INTELSAT signatories for
support costs that such signatories would
not otherwise be able to avoid under a di-
rect access regime, such as insurance, ad-
ministrative, and other operations and
maintenance expenditures;
‘‘(ii) the Commission’s regulations en-
sure that no foreign signatory, nor any af-
filiate thereof, shall be permitted to order
space segment directly from INTELSAT in
order to provide any service subject to the
Commission’s jurisdiction;
‘‘(iii) the Commission has in place a
means to ensure that carriers will be re-
quired to pass through to end-users savings
that result from the exercise of such author-
ity;
‘‘(B) through investment in INTELSAT as
of January 1, 2002, if the Commission deter-
mines that such investment will be attained
under procedures that assure fair compensation
to INTELSAT signatories for the market value
of their investments;
‘‘(2) to permit providers or users of tele-
communications services to obtain direct access to
Inmarsat telecommunications services—
‘‘(A) through purchases of space segment ca-
pacity from Inmarsat as of January 1, 2000, if
the Commission determines that—
‘‘(i) Inmarsat has adopted a usage
charge mechanism that ensures fair com-
pensation to Inmarsat signatories for sup-
port costs that such signatories would not
otherwise be able to avoid under a direct ac-
cess regime, such as insurance, administra-
tive, and other operations and maintenance
expenditures;
‘‘(ii) the Commission’s regulations en-
sure that no foreign signatory, nor any af-
filiate thereof, shall be permitted to order
space segment directly from Inmarsat in
order to provide any service subject to the
Commission’s jurisdiction;
‘‘(iii) the Commission has in place a
means to ensure that carriers will be re-
quired to pass through to end-users savings
that result from the exercise of such author-
ity; and
‘‘(B) through investment in Inmarsat as of
January 1, 2001, if the Commission determines
that such investment will be attained under pro-
cedures 
that 
assure 
fair 
compensation 
to
Inmarsat signatories for the market value of
their investments;
‘‘(3) to act on COMSAT’s petition to be treated
as a nondominant carrier for the purposes of the
Commission’s regulations according to the provisions
of section 10 of the Communications Act of 1934 (47
U.S.C. 160); and
‘‘(4) to eliminate any regulation on the avail-
ability of direct access to INTELSAT or Inmarsat or
to any successor entities after a pro-competitive pri-
vatization is achieved consistent with sections 621,
622 and 624.
‘‘SEC. 642. TERMINATION OF MONOPOLY STATUS.
‘‘(a) RENEGOTIATION OF MONOPOLY CONTRACTS PER-
MITTED.—The Commission shall, beginning January 1,
2000, permit users or providers of telecommunications serv-
ices that previously entered into contracts or are under a
tariff commitment with COMSAT to have an opportunity,
at their discretion, for a reasonable period of time, to re-
negotiate those contracts or commitments on rates, terms,
and conditions or other provisions, notwithstanding any
term or volume commitments or early termination charges
in any such contracts with COMSAT.
‘‘(b) COMMISSION AUTHORITY TO ORDER RENEGOTI-
ATION.—Nothing in this title shall be construed to limit the
authority of the Commission to permit users or providers
of telecommunications services that previously entered into
contracts or are under a tariff commitment with COMSAT
to have an opportunity, at their discretion, to renegotiate
those contracts or commitments on rates, terms, and condi-
tions or other provisions, notwithstanding any term or vol-
ume commitments or early termination charges in any such
contracts with COMSAT.
‘‘(c) PROVISIONS
CONTRARY
TO
PUBLIC
POLICY
VOID.—Whenever the Commission permits users or provid-
ers of telecommunications services to renegotiate contracts
or commitments as described in this section, the Commis-
sion may provide that any provision of any contract with
COMSAT that restricts the ability of such users or provid-
ers to modify the existing contracts or enter into new con-
tracts with any other space segment provider (including but
not limited to any term or volume commitments or early
termination charges) or places such users or providers at
a disadvantage in comparison to other users or providers
that entered into contracts with COMSAT or other space
segment providers shall be null, void, and unenforceable.
‘‘SEC. 643. SIGNATORY ROLE.
‘‘(a) LIMITATIONS ON SIGNATORIES.—
‘‘(1) NATIONAL
SECURITY
LIMITATIONS.—The
Federal Communications Commission, after a public
interest determination, in consultation with the Exec-
utive 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-com-
petitive privatization is achieved consistent with sec-
tions 621, 622 and 624.
‘‘(b) CLARIFICATION OF PRIVILEGES AND IMMUNITIES
OF COMSAT.—
‘‘(1) GENERALLY
NOT
IMMUNIZED.—Notwith-
standing any other law or executive agreement, COM-
SAT shall not be entitled to any privileges or immu-
nities 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 and any
other company functioning as United States signa-
tory to INTELSAT or Inmarsat shall not be liable for
action taken by it in carrying out the specific, writ-
ten instruction of the United States issued in connec-
tion with its relationships and activities with foreign
governments, international entities, and the intergov-
ernmental satellite organizations.
‘‘(3) PROVISIONS PROSPECTIVE.—Paragraph (1)
shall not apply with respect to liability for any ac-
tion taken by COMSAT before the date of enactment
of the Communications Satellite Competition and
Privatization Act of 1998.
‘‘(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. 644. ELIMINATION OF PROCUREMENT PREFERENCES.
‘‘Nothing in this title or the Communications Act of
1934 shall be construed to authorize or require any pref-
erence, in Federal Government procurement of tele-
communications services, for the satellite space segment pro-
vided by INTELSAT, Inmarsat, or any successor entity or
separated entity.
‘‘SEC. 645. USE OF ITU TECHNICAL COORDINATION.
‘‘The Commission and United States satellite compa-
nies shall utilize the International Telecommunication
Union 
procedures 
for 
technical 
coordination 
with
INTELSAT and its successor entities and separated enti-
ties, rather than INTELSAT procedures.
‘‘SEC. 646. TERMINATION OF COMMUNICATIONS SATELLITE
ACT OF 1962 PROVISIONS.
‘‘Effective on the dates specified, the following provi-
sions of this Act shall cease to be effective:
‘‘(1) Date of enactment of this title: Sections 101
and 102; paragraphs (1), (5) and (6) of section
201(a); section 301; section 303; section 502; and
paragraphs (2) and (4) of section 504(a).
‘‘(2) On the effective date of the Commission’s
order that establishes direct access to INTELSAT
space segment: Paragraphs (1), (3) through (5), and
(8) through (10) of section 201(c); and section 304.
‘‘(3) On the effective date of the Commission’s
order that establishes direct access to Inmarsat space
segment: Subsections (a) through (d) of section 503.
‘‘(4) 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: Section 504(b).
‘‘(5) 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: Paragraphs (2) and (4) of section
201(a); section 201(c)(2); subsection (a) of section
403; and section 404.
‘‘SEC. 647. REPORTS TO THE CONGRESS.
‘‘(a) ANNUAL REPORTS.—The President and the Com-
mission shall report to the Congress within 90 calendar
days of the enactment of this title, and not less than annu-
ally 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 privat-
ization.
‘‘(3) Views of industry and consumers on privat-
ization.
‘‘SEC. 648. CONSULTATION WITH CONGRESS.
‘‘The President’s designees and the Commission shall
consult with the Committee on Commerce of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate prior to each meeting of
the INTELSAT or Inmarsat Assembly of Parties, the
INTELSAT Board of Governors, the Inmarsat Council, or
appropriate working group meetings.
‘‘SEC. 649. SATELLITE AUCTIONS.
‘‘Notwithstanding any other provision of law, the
Commission shall not have the authority to assign by com-
petitive bidding orbital locations or spectrum used for the
provision of international or global satellite communica-
tions services. The President shall oppose in the Inter-
national Telecommunication Union and in other bilateral
and multilateral fora any assignment by competitive bid-
ding of orbital locations or spectrum used for the provision
of such services.
‘‘Subtitle D—Negotiations To
Pursue Privatization
‘‘SEC. 661. 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. 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 estab-
lished pursuant to the Convention on the Inter-
national 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 Oper-
ating Agreement and for which such Agreement
has entered into force or to which such Agree-
ment has been provisionally applied; 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 or been provisionally applied;
and
‘‘(B) in the case of Inmarsat, means a na-
tion for which the Inmarsat convention has en-
tered 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 inter-
national 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 the entity whose
structure was under discussion by INTELSAT as of
March 25, 1998, but excluding ICO.
‘‘(9) ORBITAL LOCATION.—The term ‘orbital lo-
cation’ means the location for placement of a satellite
on the geostationary orbital arc as defined in the
International Telecommunication Union Radio Regu-
lations.
‘‘(10) SPACE SEGMENT.—The term ‘space seg-
ment’ means the satellites, and the tracking, telem-
etry, command, control, monitoring and related fa-
cilities 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.—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 mari-
time distress and safety services or other existing
maritime or aeronautical services for which there are
not alternative providers.
‘‘(12) ADDITIONAL SERVICES.—The term ‘addi-
tional services’ means Internet services, high-speed
data, interactive services, non-maritime or non-aero-
nautical mobile services, Direct to Home (DTH) or
Direct Broadcast Satellite (DBS) video services, or
Ka-band services.
‘‘(13) 
INTELSAT 
AGREEMENT.—The 
term
‘INTELSAT Agreement’ means the Agreement Relat-
ing to the International Telecommunications Satellite
Organization (‘INTELSAT’), including all its an-
nexes (TIAS 7532, 23 UST 3813).
‘‘(14) HEADQUARTERS AGREEMENT.—The term
‘Headquarters Agreement’ means the International
Telecommunication Satellite Organization Head-
quarters Agreement (November 24, 1976) (TIAS 8542,
28 UST 2248).
‘‘(15) OPERATING AGREEMENT.—The term ‘Op-
erating Agreement’ means—
‘‘(A) in the case of INTELSAT, the agree-
ment, including its annex but excluding all titles
of articles, opened for signature at Washington
on August 20, 1971, by Governments or tele-
communications entities designated by Govern-
ments in accordance with the provisions of the
Agreement, and
‘‘(B) in the case of Inmarsat, the Operating
Agreement on the International Maritime Sat-
ellite 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 ‘na-
tional corporation’ means a corporation the owner-
ship of which is held through publicly traded securi-
ties, and that is incorporated under, and subject to,
the laws of a national, state, or territorial govern-
ment.
‘‘(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.)
‘‘(19) ICO.—The term ‘ICO’ means the company
known, as of the date of enactment of this title, as
ICO Global Communications, Inc.
‘‘(20) REPLACEMENT
SATELLITES.—The term
‘replacement satellite’ means a satellite that replaces
a satellite that fails prior to the end of the duration
of contracts for services provided over such satellite
and that takes the place of a satellite designated for
the provision of public-switched network and occa-
sional-use television services under contracts executed
prior to March 25, 1998 (but not including K–TV or
similar satellites). A satellite is only considered a re-