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

Summary

The FCC can limit foreign ownership of a United States signatory after it makes a public interest finding and talks with the executive branch, if the FCC decides that not limiting foreign ownership would threaten national security. The United States Government must not force signatories to act for the United States in INTELSAT, Inmarsat, or their successors after a pro-competitive privatization is completed under sections 763, 763a, and 763c. The FCC can also charge the U.S. signatory the same regulatory fees it charges other similar service providers. COMSAT gets no special legal privileges or immunities just because it is a signatory. COMSAT or its successor is not liable for actions taken when following specific written U.S. instructions about dealings with foreign governments, international entities, or intergovernmental satellite organizations. If COMSAT is held liable for actions as a signatory or representative to INTELSAT, its share of any judgment is limited to the portion that matches its percent ownership in INTELSAT when the activity began. The rule that COMSAT has no privileges does not apply to liability for actions it took before March 17, 2000.

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