ORBIT Act
PL 106-180 (S.376), enacted 03/17/2000

114 STAT. 48 
PUBLIC LAW 106-180—MAR. 17, 2000 
Mar. 17, 2000 
[S. 376] 
Open-market 
Reorganization 
for the 
Betterment of 
International 
Telecommunica-
tions Act. 
47 u s e 701 note. 
47 u s e 761 note. 
47 u s e 761. 
Public Law 106-180 
106th Congress 
An Act 
To amend the Communications Satellite Act of 1962 to promote competition and 
privatization in satellite communications, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Open-market Reorganization 
for the Betterment of International Telecommunications Act" or 
the "ORBIT Act". 
SEC. 2. PURPOSE. 
It is the purpose of this Act to promote a fully competitive 
global market for satellite communication services for the benefit 
of consumers and providers of satellite services and equipment 
by fully privatizing the intergovernmental satellite organizations, 
INTELSAT and Inmarsat. 
SEC. 3. REVISION OF COMMUNICATIONS SATELLITE ACT OF 1962. 
The Communications SateUite Act of 1962 (47 U.S.C. 
is amended by adding at the end the following new title: 
701) 
"TITLE VI—COMMUNICATIONS 
COMPETITION AND PRIVATIZATION 
"Subtitle A—Actions To Ensure Pro-
Competitive Privatization 
"SEC. 601. FEDERAL COMMUNICATIONS COMMISSION LICENSING. 
"(a) LICENSING FOR SEPARATED ENTITIES.— 
"(1) COMPETITION TEST.—^The Commission may not issue 
a license or construction permit to any separated entity, or 
renew or permit the assignment or use of any such license 
or permit, or authorize the use by any entity subject to United 
States jurisdiction of any space segment owned, leased, or 
operated by any separated entity, unless the Commission deter-
mines that such issuance, renewal, assignment, or use will 
not harm competition in the telecommunications market of 
the United States. If the Commission does not make such 
a determination, it shall deny or revoke authority to use space 
segment owned, leased, or operated by the separated entity 
to provide services to, from, or within the United States. 
PUBLIC LAW 106-180—MAR. 17, 2000 
114 STAT. 49 
"(2) CRITERIA FOR COMPETITION TEST.—In making the deter-
mination required by paragraph (1), the Commission shall use 
the licensing criteria in sections 621 and 623, and shall not 
make such a determination unless the Commission determines 
that the privatization of any separated entity is consistent 
with such criteria. 
"(b) 
LICENSING FOR INTELSAT, INMARSAT, AND SUCCESSOR 
ENTITIES.— 
"(1) COMPETITION TEST.— 
"(A) IN GENERAL.—In considering the application of 
INTELSAT, Inmarsat, or their successor entities for a 
license or construction permit, or for the renewal or assign-
ment or use of any such license or permit, or in considering 
the request of any entity subject to United States jurisdic-
tion for authorization to use any space segment owned, 
leased, or operated by INTELSAT, Inmarsat, or their suc-
cessor entities, to provide non-core services to, from, or 
within the United States, the Commission shall determine 
whether— 
"(i) after April 1, 2001, in the case of INTELSAT 
and its successor entities, INTELSAT and any suc-
cessor entities have been privatized in a manner that 
will harm competition in the telecommunications mar-
kets of the United States; or 
"(ii) after April 1, 2000, in the case of Inmarsat 
and its successor entities, Inmarsat and any successor 
entities have been privatized in a manner that will 
> 
harm competition in the telecommunications markets 
of the United States. 
"(B) 
CONSEQUENCES 
OF 
DETERMINATION.—If 
the 
Commission determines that such competition will be 
harmed or that grant of such application or request for 
authority is not otherwise in the public interest, the 
Commission shall limit through conditions or deny such 
application or request, and limit or revoke previous 
authorizations to provide non-core services to, from, or 
within the United States. After due notice and opportunity Applicability. 
for comment, the Commission shall apply the same limita-
tions, restrictions, and conditions to all entities subject 
to United States jurisdiction using space segment owned, 
leased, or operated by INTELSAT, Inmarsat, or their suc-
cessor entities. 
"(C) 
NATIONAL SECURITY, LAW ENFORCEMENT, AND 
PUBLIC SAFETY.—^The Commission shall not impose any 
limitation, condition, or restriction under subparagraph (B) 
in a manner that will, or is reasonably likely to, result 
in limitation, denial, or revocation of authority for non-
core services that are used by and required for a national 
security agency or law enforcement department or agency 
of the United States, or used by and required for, and 
otherwise in the public interest, any other Department 
or Agency of the United States to protect the health and 
safety of the public. Such services may be obtained by 
the United States directly from INTELSAT, Inmarsat, or 
a successor entity, or indirectly through COMSAT, or 
authorized carriers or distributors of the successor entity. 
114 STAT. 50 
PUBLIC LAW 106-180—MAR. 17, 2000 
"(D) RULE OF CONSTRUCTION.—^Nothing in this sub-
section is intended to preclude the Commission from acting 
upon applications of INTELSAT, Inmarsat, or their suc-
cessor entities prior to the latest date set out in section 
621(5)(A), including such actions as may be necessary for 
the United States to become the licensing jurisdiction for 
INTELSAT, but the Commission shall condition a grant 
of authority pursuant to this subsection upon compliance 
with sections 621 and 622. 
"(2) CRITERIA FOR COMPETITION TEST.—In making the deter-
mination required by paragraph (1), the Commission shall use 
the licensing criteria in sections 621, 622, and 624, and shall 
determine that competition in the telecommunications markets 
of the United States will be harmed unless the Commission 
finds that the privatization referred to in paragraph (1) is 
consistent with such criteria. 
"(3) CLARIFICATION: COMPETITIVE SAFEGUARDS.—In making 
its licensing decisions under this subsection, the Commission 
shall consider whether users of non-core services provided by 
INTELSAT or Inmarsat or successor or separated entities are 
able to obtain non-core services from providers offering services 
other than through INTELSAT or Inmarsat or successor or 
separated entities, at competitive rates, terms, or conditions. 
Such consideration shall also include whether such licensing 
decisions would require users to replace equipment at substan-
tial costs prior to the termination of its design life. In making 
its licensing decisions, the Commission shall also consider 
whether competitive alternatives in individual markets do not 
exist because they have been foreclosed due to anticompetitive 
actions undertaken by or resulting from the INTELSAT or 
Inmarsat systems. Such licensing decisions shall be made in 
a manner which facilitates achieving the purposes and goals 
in this title and shall be subject to notice and comment. 
"(c) 
ADDITIONAL CONSIDERATIONS IN 
DETERMINATIONS.—In 
making its determinations and licensing decisions under subsections 
(a) and (b), the Commission shall construe such subsections in 
a manner consistent with the United States obligations and commit-
ments for satellite services under the Fourth Protocol to the Genersd 
Agreement on Trade in Services. 
"(d) INDEPENDENT FACILITIES COMPETITION.—Nothing in this 
section shall be construed as precluding COMSAT from investing 
in or owning satellites or other facilities independent 
from 
INTELSAT and Inmarsat, and successor or separated entities, or 
from providing services through reselling capacity over the facilities 
of satellite systems independent from INTELSAT and Inmarsat, 
and successor or separated entities. This subsection shall not be 
construed as restricting the tj^es of contracts which can be executed 
or services which may be provided by COMSAT over the inde-
pendent satellites or facilities described in this subsection. 
47 USE 761A. 
"SEC. 
602. 
INCENTIVES; LIMITATION 
ON 
EXPANSION 
PENDING 
PRIVATIZATION. 
"(a) LIMITATION.—^Until INTELSAT, Inmarsat, and their suc-
cessor or separate entities are privatized in accordance with the 
requirements of this title, INTELSAT, Inmarsat, and their successor 
or separate entities, respectively, shall not be permitted to provide 
PUBLIC LAW 106-180—MAR. 17, 2000 
114 STAT. 51 
additional services. The Commission shall take all necessary meas-
ures to implement this requirement, including denial by the 
Commission of licensing for such services. 
"(b) ORBITAL LOCATION INCENTIVES.—Until such privatization 
is achieved, the United States shall oppose and decline to facilitate 
applications by such entities for new orbital locations to provide 
such services. 
"Subtitle 
B—Federal 
Communications 
Commission Licensing Criteria: Privat-
ization Criteria 
"SEC. 621. GENERAL CRITERLN. TO ENSURE A PRO-COMPETITIVE 
47 USC 763. 
PRIVATIZATION OF INTELSAT AND INMARSAT. 
"The President and the Commission shall secure a pro-competi- President, 
tive privatization of INTELSAT and Inmarsat that meets the cri-
teria 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 April 1, 2001; and 
"(B) Inmarsat as soon as practicable, but no later than 
July 1, 2000. 
"(2) INDEPENDENCE.—^The privatized successor entities and 
separated entities of INTELSAT and Inmarsat shall operate 
as independent commercial entities, and have a pro-competitive 
ownership structure. The successor entities and separated enti-
ties of INTELSAT and Inmarsat shall conduct an initial public 
offering in accordance with paragraph (5) to achieve such 
independence. Such offering shall substantially dilute the 
aggregate ownership of such entities by such signatories or 
former signatories. In determining whether a public offering 
attains such substantial dilution, the Commission shall take 
into account the purposes and intent, privatization criteria, 
and other provisions of this title, as well as market conditions. 
No intergovernmental organization, including INTELSAT or 
Inmarsat, shall have— 
"(A) an ownership interest in INTELSAT or the suc-
cessor or separated entities of INTELSAT; or 
"(B) more than minimal ownership interest in Inmarsat 
or the successor or separated entities of Inmarsat. 
"(3) TERMINATION OF PRIVILEGES AND IMMUNITIES.—^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 competitive 
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 Convention; and 
"(C) preferential access to orbital locations. 
114 STAT. 52 
PUBLIC LAW 106-180—MAR. 17, 2000 
Access to new, or renewal of access to, orbital locations shall 
be 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 
TRANSITION.— 
During the transition period prior to privatization under this 
title, INTELSAT and Inmarsat shall be precluded 
from 
expanding into additional services. 
"(5) CONVERSION TO STOCK CORPORATIONS.—Any successor 
entity or separated entity created out of INTELSAT or Inmarsat 
shall be a national corporation or similar accepted commercial 
structure, subject to the laws of the nation in which incor-
porated, as follows: 
Deadlines. 
"(A) An initial public offering of securities of any suc-
cessor entity or separated entity— 
"(i) shall be conducted, for the successor entities 
of INTELSAT, on or about October 1, 2001, except 
that the Commission may extend this deadline in 
consideration of market conditions and relevant busi-
ness factors relating to the timing of an initial public 
offering, but such extensions shall not permit such 
offering to be conducted later than December 31, 2002; 
and 
"(ii) shall be conducted, for the successor entities 
of Inmarsat, on or about October 1, 2000, except that 
the Commission may extend this deadline in consider-
ation of market conditions and relevant business fac-
tors relating to the timing of an initial public offering, 
but to no later than December 31, 2001. 
"(B) 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. 
"(C) A majority of the members of the board of directors 
of any successor entity or separated entity shall not be 
directors, employees, officers, or managers or otherwise 
serve as representatives of any signatory or former signa-
tory. No member of the board of directors of any successor 
or separated entity shall be a director, employee, officer 
or 
manager 
of 
any 
intergovernmental 
organization 
remaining after the privatization. 
"(D) Any successor entity or separated entity shall— 
"(i) have a board of directors with a fiduciary 
obligation; 
"(ii) have no officers or managers who (I) are offi-
cers or managers of any signatories or former signato-
ries, or (II) have any direct financial interest in or 
financial relationship to any signatories or former sig-
natories, except that such interest may be managed 
through a blind trust or similar mechanism; 
"(iii) have no directors, officers, or managers who 
hold such positions in any intergovernmental organiza-
tion; and 
"(iv) in the case of a separated entity, have no 
officers or directors, who (I) are officers or managers 
of any intergovernmental organization, or (II) have 
any direct financial interest in or financial relationship 
PUBLIC LAW 106-180—MAR. 17, 2000 
114 STAT. 53 
to any international organization, except that such 
interest may be managed through a blind trust or 
similar mechanism. 
"(E) Any transactions or other relationships 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 created after the date of enactment of this 
title shall apply through the appropriate national licensing 
authorities for international frequency assignments and associ-
ated orbital registrations for all satellites. 
"(7) COMPETITION POLICIES IN DOMICILIARY COUNTRY.—Any 
successor entity or separated entity shall be subject to the 
jurisdiction of a nation or nations that— 
"(A) have effective laws and regulations that secure 
competition in telecommunications services; 
"(B) are signatories of the World Trade Organization 
Basic Telecommunications Services Agreement; and 
"(C) have a schedule of commitments in such Agree-
ment that includes non-discriminatory market access to 
their satellite markets. 
"SEC. 622. SPECIFIC CRITERIA FOR INTELSAT. 
47 USC 763a. 
"In securing the privatizations required bysection 621, the 
following additional criteria with respect to INTELSAT privatiza-
tion shall be applied as licensing criteria for purposes of subtitle 
A: 
"(1) TECHNICAL COORDINATION UNDER INTELSAT AGREE-
MENTS.—^Technical coordination shall not be used to impair 
competition or competitors, and shall be conducted under Inter-
national Telecommunication Union procedures and not under 
Article XIV(d) of the INTELSAT Agreement. 
"SEC. 623. SPECIFIC CRITERIA FOR INTELSAT SEPARATED ENTITIES. 47 USC 763b. 
"In securing the privatizations required by section 621, the 
following additional criteria with respect to any INTELSAT sepa-
rated 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 entity, a public offering 
of the securities of such entity shall be conducted. In the 
case of a separated entity created before January 1, 1999, 
such public offering shall be conducted no later than July 
1, 2000, except that the Commission may extend this deadline 
in consideration of market conditions and relevant business 
factors relating to the timing of an initial public offering, but 
such extensions shall not permit such offering to be conducted 
later than July 31, 2001. 
"(2) INTERLOCKING DIRECTORATES OR EMPLOYEES.—None of 
the officers, directors, or employees of any separated entity 
shall be individuals who are officers, directors, or employees 
of INTELSAT. 
"(3) SPECTRUM ASSIGNMENTS.—^After the initial transfer 
which may accompany the creation of a separated entity, the 
portions of the electromagnetic spectrum assigned as of the 
date of enactment of this title to INTELSAT shall not be 
transferred between INTELSAT and any separated entity. 
114 STAT. 54 
PUBLIC LAW 106-180—MAR. 17, 2000 
"(4) REAFFILIATION PROHIBITED.—^Any merger or ownership 
or management ties or exclusive arrangements between a 
privatized INTELSAT or any successor entity and any sepa-
rated entity shall be prohibited until 11 years after the comple-
tion of INTELSAT privatization under this title. 
47 use 763c. 
"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 criteria for purposes of subtitle A: 
"(1) REAFFILIATION PROHIBITED.—^Any merger, ownership 
of more than one percent of the voting securities, or manage-
ment ties or exclusive arrangements between Inmarsat or any 
successor entity or separated entity and ICO shall be prohibited 
until 15 years after the completion of Inmarsat privatization 
under this title. 
"(2) INTERLOCKING DIRECTORATES OR EMPLOYEES.—None of 
the officers, directors, or employees of Inmarsat or any successor 
entity or separated entity shall be individuals who are officers, 
directors, or employees of ICO. 
"(3) PRESERVATION OF THE GMDSS.—The United States shall 
seek to preserve space segment capacity of the GMDSS. 
47 use 763d. 
"SEC. 625. ENCOURAGING MARKET ACCESS AND PRIVATIZATION. 
"(a) NTIA DETERMINATION.— 
Deadline. 
"(1) DETERMINATION REQUIRED.—^Within 180 days after the 
Records. 
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 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 countrjir'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). 
"(c) SETTLEMENTS POLICY.—The Commission shall, in exercising 
its authority to establish settlements rates for United States inter-
national common carriers, seek to advance United States policy 
PUBLIC LAW 106-180—MAR. 17, 2000 
114 STAT. 55 
in favor of cost-based settlements in all relevant fora on inter-
national telecommunications policy, including in meetings with par-
ties and signatories of INTELSAT and Inmarsat. 
"Subtitle C—Deregulation and Other 
Statutory Changes 
Deadline. 
Notice. 
"SEC. 641. ACCESS TO INTELSAT. 
47 USC 765. 
"(a) ACCESS PERMITTED.—Beginning on the date of enactment 
Effective date, 
of this title, users or providers of telecommunications services shall 
be permitted to obtain direct access to INTELSAT telecommuni-
cations 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 the 
date of enactment of this title, as 'Level IIF. 
"(b) RULEMAKING.—^Within 180 days after the date of enactment 
of this title, 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 Act and the Communications Act of 1934. 
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 con-
tract. 
"SEC. 642. SIGNATORY ROLE. 
47 USC 765a. 
"(a) LIMITATIONS ON SIGNATORIES.— 
"(1) 
NATIONAL 
SECURITY 
LIMITATIONS.—^The 
Federal 
Communications Commission, after a public interest determina-
tion, in consultation with the executive branch, may restrict 
foreign ownership of a United States signatory if the Commis-
sion 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 con-
sistent 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 enti-
tled 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 
114 STAT. 56 
PUBLIC LAW 106-180—MAR. 17, 2000 
governments, international entities, and the intergovernmental 
satellite organizations. 
"(3) N o 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. 
47 u s e 765b. 
"SEC. 643. ELIMINATION OF PROCUREMENT PREFERENCES. 
"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. 
47 u s e 765c. 
"SEC. 644. ITU FUNCTIONS. 
"(a) TECHNICAL COORDINATION.—^The Commission and United 
States satellite companies shall utilize the International Tele-
communication Union procedures for technical coordination with 
INTELSAT and its successor entities and separated entities, rather 
than INTELSAT procedures. 
President. 
"(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 registra-
tions. 
47USe765d. 
"SEC. 645. TERMINATION OF COMMUNICATIONS SATELLITE 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 deter-
mined by INTELSAT to implement privatization: Section 305. 
"(3) On the effective date of a Commission order deter-
mining under section 601(b)(2) that Inmarsat privatization is 
consistent with criteria in sections 621 and 624: Sections 504(b) 
and 504(d). 
"(4) On the effective date of a Commission order deter-
mining 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 
PUBLIC LAW 106-180—MAR. 17, 2000 
114 STAT. 57 
47 use 765e. 
President. 
Deadline. 
Public 
information. 
301; section 302; section 401; section 402; section 403; and 
section 404. 
"SEC. 646. 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. 
"(3) Views of industry and consumers on privatization. 
"(4) Impact privatization has had on United 
States 
industry, United States jobs, and United States industr^s 
access to the global marketplace. 
"SEC. 647. SATEIXITE 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 President, 
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. 
47 use 765f. 
"SEC. 648. 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. 
47 use 765g. 
114 STAT. 58 
PUBLIC LAW 106-180—MAR. 17, 2000 
"Subtitle D—Negotiations To Pursue 
Privatization 
President. 
"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 
47 use 769. 
"SEC. 681. DEFINITIONS. 
"(a) IN GENERAL.—^As used in this title: 
"(1) INTELSAT.—The term 'INTELSAT means the Inter-
national Telecommunications Satellite Organization established 
pursuant to the Agreement Relating to the International Tele-
communications Satellite Organization (INTELSAT). 
"(2) INMARSAT.—^The term 'Inmarsat' means the Inter-
national Mobile Satellite Organization established pursuant to 
the Convention on the International Maritime Organization. 
"(3) SIGNATORIES.—^The term 'signatories'— 
"(A) in the case of INTELSAT, or INTELSAT succes-
sors or separated entities, means a Party, or the tele-
communications entity designated by a Party, that has 
signed the Operating Agreement and for which such Agree-
ment 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 'Part/— 
"(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 Fed-
eral Communications Commission. 
"(6) 
INTERNATIONAL 
TELECOMMUNICATION 
UNION.—^The 
term 'International Telecommunication Union' means the inter-
f
ovemmental organization that is a specialized agency of the 
Tnited 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 
PUBLIC LAW 106-180—MAR. 17, 2000 
114 STAT. 59 
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 occasional-
use 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-aero-
nautical 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 
'Head-
quarters Agreement' means the International Telecommuni-
cation 
Satellite 
Organization 
Headquarters 
Agreement 
(November 24, 1976) (TIAS 8542, 28 UST 2248). 
"(15) OPERATING AGREEMENT.—The term 'Operating Agree-
ment' 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 Gk)vemments in accordance with the provisions of the 
i^^eement; 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 Conven-
tion' means the Convention on the International Maritime Sat-
ellite Organization (Inmarsat) (TIAS 9605, 31 UST 1). 
"(17) NATIONAL CORPORATION.—The term 'national corpora-
tion' 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 corpora-
tion 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. 
114 STAT. 60 
PUBLIC LAW 106-180—MAR. 17, 2000 
"(19) ICO.—^The term 'ICO' means the company known, 
as of the date of enactment of this title, as ICO Global Commu-
nications, Inc. 
"(20) GLOBAL MARITIME DISTRESS AND SAFETY SERVICES OR 
GMDSS.—The term 'global maritime distress and safety services' 
or 'GMDSS' means the automated ship-to-shore distress alert-
ing system which uses satellite and advanced terrestrial sys-
tems for international distress communications and promoting 
maritime safety in general. The GMDSS 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 Direc-
tor 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.". 
Approved March 17, 2000. 
L E G I S L A T I V E H I S T O R Y — S . 376 (H.R. 3261): 
HOUSE REPORTS: No. 106-509 (Comm. of Conference). 
SENATE REPORTS: No. 106-100 (Comm. on Commerce, Science, and Transpor-
tation). 
C O N G R E S S I O N A L RECORD: 
Vol. 145 (1999): July 1, considered and passed Senate. 
Nov. 10, considered and passed House, amended, in lieu of 
H.R. 3261. 
Vol. 146 (2000): Mar. 2, Senate agreed to conference report. 
Mar. 9, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Mar. 17, Presidential statement.