Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§763d Encouraging Market Access and Privatization

Title 47 › CHAPTER 6 — COMMUNICATIONS SATELLITE SYSTEM › SUBCHAPTER VI — COMMUNICATIONS COMPETITION AND PRIVATIZATION › Part B — Federal Communications Commission Licensing Criteria: Privatization Criteria › § 763d

Last updated Sep 22, 2026|Official source

Summary

Within 180 days after March 17, 2000, the Secretary of Commerce must send the Federal Communications Commission two lists. One list names INTELSAT and Inmarsat member countries that are not in the World Trade Organization and that block private satellite companies from entering their markets. The other list names those same non‑WTO members that do not support pro‑competitive privatization of INTELSAT and Inmarsat. The Secretary must work with the FCC, the Secretary of State, and the U.S. Trade Representative and look at a country’s actions everywhere, including the Assemblies of Parties. The FCC may make rules that stop U.S. carriers from paying more than a settlement rate based on actual costs to foreign carriers in countries on those lists, even if the foreign carrier charges more or a transition period would apply. The FCC must also push for cost‑based settlements when it sets rates and in international telecom meetings, including with INTELSAT and Inmarsat parties.

Full Legal Text

Title 47, §763d

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

(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).
(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.

Reference

Citations & Metadata

Citation

47 U.S.C. § 763d

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110