§765a — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The FCC can limit foreign ownership of a U.S. signatory if, after a public-interest review and talking with the executive branch, it finds that not doing so would threaten national security. After INTELSAT or Inmarsat (or their successors) are privatized in a pro-competitive way, the U.S. government cannot force a signatory to act as the United States’ representative. COMSAT does not get special legal privileges or immunity just because it is a signatory. If COMSAT follows specific written instructions from the U.S. about dealings with foreign governments or international satellite groups, it cannot be held liable for those actions. If it is held liable for signatory acts, any money owed is limited to the share that matches its INTELSAT ownership at the time the activity began. The rule about no special privileges does not change liability for actions before March 17, 2000. The FCC may charge the U.S. signatory the same regulatory fees it charges similar providers.

Title 47, §765a

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)(1)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)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 section 763, 763a, and 763c 11 See References in Text note below. of this title.

(b)(1)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)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)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)Paragraph (1) shall not apply with respect to liability for any action taken by COMSAT before March 17, 2000.

(c)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.

Editorial Notes

References in 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.

§765a Signatory role

Summary

Title 47, §765a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata