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

Summary

Defines the meaning of important words used in this part of the law. INTELSAT is the International Telecommunications Satellite Organization created by its international agreement. Inmarsat is the International Mobile Satellite Organization created by its treaty. A signatory is a Party or an entity a Party picked to sign an Operating Agreement (rules for each system); for INTELSAT the agreement must have taken effect. A Party is a nation for which the INTELSAT agreement or the Inmarsat convention is in force. The Commission means the Federal Communications Commission. The International Telecommunication Union is the U.N. agency where countries set global telecom rules, including radio and geostationary orbit use. A successor entity is a privatized company formed from INTELSAT or Inmarsat or their assets, but not a separated entity. A separated entity is a privatized company that got some INTELSAT or Inmarsat assets before full privatization (including a particular entity discussed as of March 25, 1998), but it does not include ICO. An orbital location is a spot on the geostationary arc as set by ITU rules. The space segment means satellites and the ground equipment used to operate them for INTELSAT, Inmarsat, or their successor or separated entities. Non-core services cover other services aside from INTELSAT’s public-switched voice telephony and occasional-use TV, and aside from Inmarsat’s GMDSS or other existing maritime/aeronautical services that lack alternative providers. Additional services mean, for Inmarsat, certain non-maritime/non-aeronautical mobile services in the 1.5 and 1.6 GHz bands on planned satellites or the 2 GHz band, and for INTELSAT, direct-to-home or direct broadcast video or services in the Ka or V bands. INTELSAT Agreement, Headquarters Agreement, Operating Agreement, and Inmarsat Convention are the named international agreements that set up and run those organizations. A national corporation is a company whose ownership is in publicly traded shares and that is incorporated under national, state, or territorial law. COMSAT is the corporation set up under subchapter III or its successor. ICO means the company known on March 17, 2000 as ICO Global Communications, Inc. GMDSS is the automated ship-to-shore distress and safety system using satellites and terrestrial systems. National security agency means the National Security Agency, the Director of Central Intelligence and the Central Intelligence Agency, the Department of Defense, and the Coast Guard. Other terms not defined here use the meanings given in section 153 of this title.

Title 47, §769

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

(a)As used in this subchapter:

(1)The term “INTELSAT” means the International Telecommunications Satellite Organization established pursuant to the Agreement Relating to the International Telecommunications Satellite Organization (INTELSAT).

(2)The term “Inmarsat” means the International Mobile Satellite Organization established pursuant to the Convention on the International Maritime Organization.

(3)The term “signatories”—

(A)in the case of INTELSAT, or INTELSAT successors or separated entities, means a Party, or the telecommunications entity designated by a Party, that has signed the Operating Agreement and for which such Agreement 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)The term “Party”—

(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)The term “Commission” means the Federal Communications Commission.

(6)The term “International Telecommunication Union” means the intergovernmental organization that is a specialized agency of the United Nations in which member countries cooperate for the development of telecommunications, including adoption of international regulations governing terrestrial and space uses of the frequency spectrum as well as use of the geostationary satellite orbit.

(7)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)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 the entity whose structure was under discussion by INTELSAT as of March 25, 1998, but excluding ICO.

(9)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)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)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)The term “additional services” means—

(A)for Inmarsat, those non-maritime or non-aeronautical 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)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)The term “Headquarters Agreement” means the International Telecommunication 11 So in original. Probably should be “Telecommunications”. Satellite Organization Headquarters Agreement (November 24, 1976) (TIAS 8542, 28 UST 2248).

(15)The term “Operating Agreement” 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 Governments in accordance with the provisions of the Agreement; and

(B)in the case of Inmarsat, the Operating Agreement on the International Maritime Satellite Organization, including its annexes.

(16)The term “Inmarsat Convention” means the Convention on the International Maritime Satellite Organization (Inmarsat) (TIAS 9605, 31 UST 1).

(17)The term “national corporation” 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)The term “COMSAT” means the corporation established pursuant to subchapter III of this chapter, or the successor in interest to such corporation.

(19)The term “ICO” means the company known, as of March 17, 2000, as ICO Global Communications, Inc.

(20)The term “global maritime distress and safety services” or “GMDSS” means the automated ship-to-shore distress alerting system which uses satellite and advanced terrestrial systems 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)The term “national security agency” means the National Security Agency, the Director of Central Intelligence and the Central Intelligence Agency, the Department of Defense, and the Coast Guard.

(b)Except as otherwise provided in subsection (a), terms used in this subchapter that are defined in section 153 of this title have the meanings provided in such section.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§769 Definitions