§765a Signatory Role

Summary

The Federal Communications Commission can limit foreign ownership of a U.S. signatory if it finds that not doing so would threaten national security. It can act only after it makes a public interest finding and talks with the executive branch. The U.S. Government cannot force signatories to represent the United States in INTELSAT, Inmarsat, or their successors once a pro-competitive privatization is achieved under sections 763, 763a, and 763c. COMSAT does not get special legal protections just because it is a signatory to INTELSAT or Inmarsat. But COMSAT (or a successor) is not liable for actions taken when it follows a specific written U.S. instruction in dealing with foreign governments, international groups, or the intergovernmental satellite organizations. If COMSAT is held liable for something done as a signatory or representative, any judgment against it is limited to the share that matches COMSAT’s ownership percentage in INTELSAT when the activity began. The rule about no special protections does not apply to actions taken by COMSAT before March 17, 2000. The FCC may also charge the U.S. signatory the same regulatory fees it charges other similar service providers.