dreamproit/uscode huggingface dataset:
47 U.S.C. § 763c (TELECOMMUNICATIONS)
§ 763c. Space segment capacity of the GMDSS
The United States shall preserve the space segment capacity of the GMDSS. This section is not intended to alter the status that the GMDSS would otherwise have under United States laws and regulations of the International Telecommunication Union with respect to spectrum, orbital locations, or other operational parameters, or to be a barrier to competition for the provision of GMDSS services.
(Pub. L. 87–624, title VI, § 624, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 54; amended Pub. L. 109–34, § 3, July 12, 2005, 119 Stat. 377.)
heading: Amendments
text: 2005—Pub. L. 109–34 amended section catchline and text generally, substituting provisions relating to space segment capacity of the GMDSS for provisions relating to specific criteria for Inmarsat privatization.
47 U.S.C. § 763d (TELECOMMUNICATIONS)
§ 763d. Encouraging market access and privatization
(a) NTIA determination
(1) Determination required
Within 180 days after March 17, 2000, 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) of this section.
(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 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.
(Pub. L. 87–624, title VI, § 625, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 54.)
47 U.S.C. § 765 (TELECOMMUNICATIONS)
§ 765. Access to INTELSAT
(a) Access permitted
Beginning on March 17, 2000, 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 March 17, 2000, as “Level III”.
(b) Rulemaking
Within 180 days after March 17, 2000, 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 chapter and the Communications Act of 1934 [47 U.S.C. 151 et seq.]. 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.
(Pub. L. 87–624, title VI, § 641, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 55.)
heading: References in Text
text: The Communications Act of 1934, referred to in subsec. (b), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
47 U.S.C. § 765a (TELECOMMUNICATIONS)
§ 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 763, 763a, and 763c 1 of this title.
(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 March 17, 2000.
(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.
(Pub. L. 87–624, title VI, § 642, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 55.)
heading: References in Text
text: Section 763c of this title, referred to in subsec. (a)(2), was amended generally by Pub. L. 109–34, § 3, July 12, 2005, 119 Stat. 377, and no longer relates to specific criteria for Inmarsat privatization.
47 U.S.C. § 765b (TELECOMMUNICATIONS)
§ 765b. Elimination of procurement preferences
Nothing in this subchapter or the Communications Act of 1934 [47 U.S.C. 151 et seq.] 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.
(Pub. L. 87–624, title VI, § 643, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 56.)
heading: References in Text
text: The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
47 U.S.C. § 765c (TELECOMMUNICATIONS)
§ 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 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.
(Pub. L. 87–624, title VI, § 644, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 56.)
47 U.S.C. § 765d (TELECOMMUNICATIONS)
§ 765d. Termination of provisions of this chapter
Effective on the dates specified, the following provisions of this chapter shall cease to be effective:
(1) March 17, 2000: Paragraphs (1), (5) and (6) of section 721(a) of this title; section 721(b) of this title; paragraphs (1), (3) through (5), and (8) through (10) of section 721(c) of this title; section 733 of this title; section 734 of this title; section 751 of this title; section 752 of this title; paragraphs (2) and (4) of section 753(a) of this title; and section 753(c) of this title.
(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 735 of this title.
(3) On the effective date of a Commission order determining under section 761(b)(2) of this title that Inmarsat privatization is consistent with criteria in sections 763 and 763c 1 of this title: Sections 753(b) and 753(d) of this title.
(4) On the effective date of a Commission order determining under section 761(b)(2) of this title that INTELSAT privatization is consistent with criteria in sections 763 and 763a of this title: Section 701 of this title; section 702(7) of this title; paragraphs (2) through (4) and (7) of section 721(a) of this title; paragraphs (2), (6), and (7) of section 721(c) of this title; section 731 of this title; section 732 of this title; section 741 of this title; section 742 of this title; section 743 of this title; and section 744 of this title.
(Pub. L. 87–624, title VI, § 645, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 56.)
heading: References in Text
text: The transfer of assets and receipt by signatories of ownership shares in the successor entity of INTELSAT, referred to in par. (2), occurred on July 18, 2001. See FCC Report to Congress as Required by the ORBIT Act, FCC 02-170, 17 FCC Rcd. 11458 (released June 14, 2002).
The effective date of the Commission order relating to Inmarsat privatization, referred to in par. (3), is June 14, 2005. See In the Matter of Inmarsat Group Holdings Limited Petition for Declaratory Ruling Pursuant to Section 621(5)(F) of the ORBIT Act, Memorandum Opinion and Order, IB Docket 04-439, FCC 05-126 (released June 14, 2005).
Section 763c of this title, referred to in par. (3), was amended generally by Pub. L. 109–34, § 3, July 12, 2005, 119 Stat. 377, and no longer relates to specific criteria for Inmarsat privatization.
The effective date of the Commission order relating to INTELSAT privatization, referred to in par. (4), is Apr. 15, 2005. See In the Matter of Intelsat, Ltd. Petition for Declaratory Ruling that Intelsat, Ltd. Complies With Section 621(5)(F) of the ORBIT Act, Memorandum Opinion and Order, IB Docket 05-18, FCC 05-86 (released April 15, 2005).
47 U.S.C. § 765e (TELECOMMUNICATIONS)
§ 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 March 17, 2000, and not less than annually thereafter, on the progress made to achieve the objectives and carry out the purposes and provisions of this subchapter. Such reports shall be made available immediately to the public.
(b) Contents of reports
The reports submitted pursuant to subsection (a) of this section 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.
(Pub. L. 87–624, title VI, § 646, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 57.)
heading: Change of Name
text: Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
heading: Delegation of Responsibility
text: Memorandum of President of the United States, Aug. 21, 2000, 65 F.R. 52289, provided:
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to you the functions vested in me by section 646 of the ORBIT Act (Public Law 106–180) [probably means section 646 of Pub. L. 87–624, as added by Pub. L. 106–180, 47 U.S.C. 765e], relating to submission of annual reports to the appropriate congressional committees regarding the privatization of intergovernmental satellite organizations. The authority delegated by the memorandum may be further redelegated within the Department of State.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
47 U.S.C. § 765f (TELECOMMUNICATIONS)
§ 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.
(Pub. L. 87–624, title VI, § 647, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 57.)
47 U.S.C. § 765g (TELECOMMUNICATIONS)
§ 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.
(Pub. L. 87–624, title VI, § 648, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 57.)
47 U.S.C. § 767 (TELECOMMUNICATIONS)
§ 767. Methods to pursue privatization
The President shall secure the pro-competitive privatizations required by this subchapter in a manner that meets the criteria in part B of this subchapter.
(Pub. L. 87–624, title VI, § 661, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 58.)
47 U.S.C. § 801 to 805 (TELECOMMUNICATIONS)
§§ 801 to 805. Repealed. Pub. L. 93–443, title II, § 205(b), Oct. 15, 1974, 88 Stat. 1278
text: Section 801, Pub. L. 92–225, title I, § 102, Feb. 7, 1972, 86 Stat. 3, related to definitions for purposes of this chapter.
text: Section 802, Pub. L. 92–225, title I, § 103(b), Feb. 7, 1972, 86 Stat. 4, related to nonbroadcast media rates.
text: Section 803, Pub. L. 92–225, title I, § 104(a), (b), Feb. 7, 1972, 86 Stat. 5, related to limitations of expenditures for use of communications media.
text: Section 804, Pub. L. 92–225, title I, § 105, Feb. 7, 1972, 86 Stat. 7, related to regulations prescribed under this chapter.
text: Section 805, Pub. L. 92–225, title I, § 106, Feb. 7, 1972, 86 Stat. 8, related to penalties imposed under this chapter.
heading: Effective Date of Repeal
text: Sections 801 to 805 repealed effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 431 of Title 2, The Congress.
47 U.S.C. § 905 (TELECOMMUNICATIONS)
§ 905. Omitted
heading: Codification
text: Section, Pub. L. 95–567, title IV, § 402, Nov. 2, 1978, 92 Stat. 2424, which required the National Telecommunications and Information Administration to submit an annual report to Congress on activities of the Administration with respect to domestic communications, international communications, Federal Government communications, spectrum plans and policies, and other matters, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, 1st item on page 55 of House Document No. 103–7.
47 U.S.C. § 922 (TELECOMMUNICATIONS)
§ 922. National spectrum allocation planning
The Assistant Secretary and the Chairman of the Commission shall meet, at least biannually, to conduct joint spectrum planning with respect to the following issues:
(1) the extent to which licenses for spectrum use can be issued pursuant to section 309(j) of this title to increase Federal revenues;
(2) the future spectrum requirements for public and private uses, including State and local government public safety agencies;
(3) the spectrum allocation actions necessary to accommodate those uses; and
(4) actions necessary to promote the efficient use of the spectrum, including spectrum management techniques to promote increased shared use of the spectrum that does not cause harmful interference as a means of increasing commercial access.
(Pub. L. 102–538, title I, § 112, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 380.)
47 U.S.C. § 926 (TELECOMMUNICATIONS)
§ 926. Authority to recover reassigned frequencies
(a) Authority of President
Subsequent to the withdrawal of assignment to Federal Government stations pursuant to section 924 of this title, the President may reclaim reassigned frequencies for reassignment to Federal Government stations in accordance with this section.
(b) Procedure for reclaiming frequencies
(1) Unallocated frequencies
If the frequencies to be reclaimed have not been allocated or assigned by the Commission pursuant to the 1934 Act [47 U.S.C. 151 et seq.], the President shall follow the procedures for substitution of frequencies established by section 924(b) of this title.
(2) Allocated frequencies
If the frequencies to be reclaimed have been allocated or assigned by the Commission, the President shall follow the procedures for substitution of frequencies established by section 924(b) of this title, except that the statement required by section 924(b)(1)(B) of this title shall include—
(A) a timetable to accommodate an orderly transition for licensees to obtain new frequencies and equipment necessary for its utilization; and
(B) an estimate of the cost of displacing spectrum users licensed by the Commission.
(c) Costs of reclaiming frequencies
The Federal Government shall bear all costs of reclaiming frequencies pursuant to this section, including the cost of equipment which is rendered unusable, the cost of relocating operations to a different frequency, and any other costs that are directly attributable to the reclaiming of the frequency pursuant to this section, and there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
(d) Effective date of reclaimed frequencies
The Commission shall not withdraw licenses for any reclaimed frequencies until the end of the fiscal year following the fiscal year in which a statement under section 924(b)(1)(B) of this title pertaining to such frequencies is received by the Commission.
(e) Effect on other law
Nothing in this section shall be construed to limit or otherwise affect the authority of the President under section 706 of the 1934 Act (47 U.S.C. 606).
(Pub. L. 102–538, title I, § 116, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.)
heading: References in Text
text: For definition of the 1934 Act, referred to in subsec. (b)(1), see section 921(3) of this title.
47 U.S.C. § 927 (TELECOMMUNICATIONS)
§ 927. Existing allocation and transfer authority retained
(a) Additional reallocation
Nothing in this subchapter prevents or limits additional reallocation of spectrum from the Federal Government to other users.
(b) Implementation of new technologies and services
Notwithstanding any other provision of this subchapter—
(1) the Secretary may, consistent with section 903(e) of this title, at any time allow frequencies allocated on a primary basis for Federal Government use to be used by non-Federal licensees on a mixed-use basis for the purpose of facilitating the prompt implementation of new technologies or services and for other purposes; and
(2) the Commission shall make any allocation and licensing decisions with respect to such frequencies in a timely manner and in no event later than the date required by section 157 of this title.
(Pub. L. 102–538, title I, § 117, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.)
47 U.S.C. § 929 (TELECOMMUNICATIONS)
§ 929. National security and other sensitive information
(a) Determination
If the head of an Executive agency (as defined in section 105 of title 5) determines that public disclosure of any information contained in a notification or report required by section 923 or 928 of this title would reveal classified national security information, or other information for which there is a legal basis for nondisclosure and the public disclosure of which would be detrimental to national security, homeland security, or public safety or would jeopardize a law enforcement investigation, the head of the Executive agency shall notify the Assistant Secretary of that determination prior to the release of such information.
(b) Inclusion in annex
The head of the Executive agency shall place the information with respect to which a determination was made under subsection (a) in a separate annex to the notification or report required by section 923 or 928 of this title. The annex shall be provided to the subcommittee of primary jurisdiction of the congressional committee of primary jurisdiction in accordance with appropriate national security stipulations but shall not be disclosed to the public or provided to any unauthorized person through any means.
(Pub. L. 102–538, title I, § 119, as added Pub. L. 112–96, title VI, § 6703, Feb. 22, 2012, 126 Stat. 255.)
47 U.S.C. § 1004 (TELECOMMUNICATIONS)
§ 1004. Systems security and integrity
A telecommunications carrier shall ensure that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regulations prescribed by the Commission.
(Pub. L. 103–414, title I, § 105, Oct. 25, 1994, 108 Stat. 4283.)
heading: Effective Date
text: Section effective on the date that is 4 years after Oct. 25, 1994, see section 111(b) of Pub. L. 103–414, set out as a note under section 1001 of this title.