§ 701. — Congressional declaration of policy and purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC701]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 6--COMMUNICATIONS SATELLITE SYSTEM
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 701. Congressional declaration of policy and purpose
(a) Policy
The Congress declares that it is the policy of the United States to
establish, in conjunction and in cooperation with other countries, as
expeditiously as practicable a commercial communications satellite
system, as part of an improved global communications network, which will
be responsive to public needs and national objectives, which will serve
the communication needs of the United States and other countries, and
which will contribute to world peace and understanding.
(b) Availability of telecommunication services
The new and expanded telecommunication services are to be made
available as promptly as possible and are to be extended to provide
global coverage at the earliest practicable date. In effectuating this
program, care and attention will be directed toward providing such
services to economically less developed countries and areas as well as
those more highly developed, toward efficient and economical use of the
electromagnetic frequency spectrum, and toward the reflection of the
benefits of this new technology in both quality of services and charges
for such services.
(c) Private enterprise; access; competition
In order to facilitate this development and to provide for the
widest possible participation by private enterprise, United States
participation in the global system shall be in the form of a private
corporation, subject to appropriate governmental regulation. It is the
intent of Congress that all authorized users shall have
nondiscriminatory access to the system; that maximum competition be
maintained in the provision of equipment and services utilized by the
system; that the corporation created under this chapter be so organized
and operated as to maintain and strengthen competition in the provision
of communications services to the public; and that the activities of the
corporation created under this chapter and of the persons or companies
participating in the ownership of the corporation shall be consistent
with the Federal antitrust laws.
(d) Domestic use; additional systems
It is not the intent of Congress by this chapter to preclude the use
of the communications satellite system for domestic communication
services where consistent with the provisions of this chapter nor to
preclude the creation of additional communications satellite systems, if
required to meet unique governmental needs or if otherwise required in
the national interest.
(Pub. L. 87-624, title I, Sec. 102, Aug. 31, 1962, 76 Stat. 419.)
Termination of Section
Section to cease to be effective on the effective date of a
Commission order determining under section 761(b)(2) of this title
that INTELSAT privatization is consistent with criteria in sections
763 and 763a of this title, see section 765d(4) of this title.
References in Text
The Federal antitrust laws, referred to in subsec. (c), are
classified generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce
and Trade.
Short Title of 2000 Amendment
Pub. L. 106-180, Sec. 1, Mar. 17, 2000, 114 Stat. 48, provided that:
``This Act [enacting subchapter VI of this chapter] may be cited as the
`Open-market Reorganization for the Betterment of International
Telecommunications Act' or the `ORBIT Act'.''
Short Title
Section 101 of Pub. L. 87-624 provided that: ``This Act [enacting
this chapter] may be cited as the `Communications Satellite Act of
1962'.''
Pub. L. 87-624, title V, Sec. 501, as added by Pub. L. 95-564, Nov.
1, 1978, 92 Stat. 2392, provided that: ``This title [enacting subchapter
V of this chapter] may be cited as the `International Maritime Satellite
Telecommunications Act'.''
Stylistic Consistency
Pub. L. 103-414, title III, Sec. 303(f), Oct. 25, 1994, 108 Stat.
4296, provided that: ``The Communications Act of 1934 [47 U.S.C. 151 et
seq.] and the Communications Satellite Act of 1962 [47 U.S.C. 701 et
seq.] are amended so that the section designation and section heading of
each section of such Acts shall be in the form and typeface of the
section designation and heading of this section [108 Stat. 4294].''
International Telecommunications Satellite Organization
Pub. L. 99-93, title I, Sec. 146, Aug. 16, 1985, 99 Stat. 425,
provided that:
``(a) Policy.--The Congress declares that it is the policy of the
United States--
``(1) as a party to the International Telecommunications
Satellite Organization (hereafter in this section referred to as
`Intelsat'), to foster and support the global commercial
communications satellite system owned and operated by Intelsat;
``(2) to make available to consumers a variety of communications
satellite services utilizing the space segment facilities of
Intelsat and any additional such facilities which are found to be in
the national interest and which--
``(A) are technically compatible with the use of the radio
frequency spectrum and orbital space by the existing or planned
Intelsat space segment, and
``(B) avoid significant economic harm to the global system
of Intelsat; and
``(3) to authorize use and operation of any additional space
segment facilities only if the obligations of the United States
under article XIV(d) of the Intelsat Agreement have been met.
``(b) Preconditions for Intelsat Consultation.--Before consulting
with Intelsat for purposes of coordination of any separate international
telecommunications satellite system under article XIV(d) of the Intelsat
Agreement, the Secretary of State shall--
``(1) in coordination with the Secretary of Commerce, ensure
that any proposed separate international satellite
telecommunications system comply with the Executive Branch
conditions established pursuant to the Presidential Determination
No. 85-2 [49 F.R. 46987]; and
``(2) ensure that one or more foreign authorities have
authorized the use of such system consistent with such conditions.
``(c) Amendment of Intelsat Agreement.--(1) The Secretary of State
shall consult with the United States signatory to Intelsat and the
Secretary of Commerce regarding the appropriate scope and character of a
modification to article V(d) of the Intelsat Agreement which would
permit Intelsat to establish cost-based rates for individual traffic
routes, as exceptional circumstances warrant, paying particular
attention to the need for avoiding significant economic harm to the
global system of Intelsat as well as United States national and foreign
policy interests.
``(2)(A) To ensure that rates established by Intelsat for such
routes are cost-based, the Secretary of State, in consultation with the
Secretary of Commerce and the Chairman of the Federal Communications
Commission, shall instruct the United States signatory to Intelsat to
ensure that sufficient documentation, including documentation regarding
revenues and costs, is provided by Intelsat so as to verify that such
rates are in fact cost-based.
``(B) To the maximum extent possible, such documenation
[documentation] will be made available to interested parties on a timely
basis.
``(3) Pursuant to the consultation under paragraph (1) and taking
the steps prescribed in paragraph (2) to provide documentation, the
United States shall support an appropriate modification to article V(d)
of the Intelsat Agreement to accomplish the purpose described in
paragraph (1).
``(d) Congressional Consultation.--In the event that, after United
States consultation with Intelsat for the purposes of coordination under
article XIV(d) of the Intelsat Agreement for the establishment of a
separate international telecommunications satellite system, the Assembly
of Parties of Intelsat fails to recommend such a separate system, and
the President determines to pursue the establishment of a separate
system notwithstanding the Assembly's failure to approve such system,
the Secretary of State, after consultation with the Secretary of
Commerce, shall submit to the Congress a detailed report which shall set
forth--
``(1) the foreign policy reasons for the President's
determination, and
``(2) a plan for minimizing any negative effects of the
President's action on Intelsat and on United States foreign policy
interests.
``(e) Notification to Federal Communications Commission.--In the
event the Secretary of State submits a report under subsection (d), the
Secretary, 60 calendar days after the receipt by the Congress of such
report, shall notify the Federal Communications Commission as to whether
the United States obligations under article XIV(d) of the Intelsat
Agreement have been met.
``(f) Implementation.--In implementing the provisions of this
section, the Secretary of State shall act in accordance with Executive
order 12046 [set out under section 305 of this title].
``(g) Definition.--For the purposes of this section, the term
`separate international telecommunications satellite system' or
`separate system' means a system of one or more telecommunications
satellites separate from the Intelsat space segment which is established
to provide international telecommunications services between points
within the United States and points outside the United States, except
that such term shall not include any satellite or system of satellites
established--
``(1) primarily for domestic telecommunications purposes and
which incidentally provides services on an ancillary basis to points
outside the jurisdiction of the United States but within the western
hemisphere, or
``(2) solely for unique governmental purposes.''
Section Referred to in Other Sections
This section is referred to in sections 743, 765d of this title.
