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SHORT TITLE
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Sec.
501.
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This title may be cited as the 'International Maritime Satellite
Telecommunications Act'. |
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DECLARATION OF POLICY AND PURPOSE
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Sec.
502. |
(a)
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The Congress hereby declares that it is the
policy of the United States to provide for the participation of the United
States in the International Maritime Satellite Organization (hereinafter in
this title referred to as 'INMARSAT') in order to develop and operate a
global maritime satellite telecommunications system. Such system shall have
facilities and services which will serve maritime commercial and safety needs
of the United States and foreign countries.
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(b)
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It is the purpose of this title to provide
that the participation of the United States in INMARSAT shall be through the
Communications Satellite Corporation, which constitutes a private entity
operating for profit, and which is not an agency or establishment of the
Federal Government.
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DESIGNATED OPERATING ENTITY
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Sec.
503. |
(a)
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(1)
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The Communications Satellite Corporation is
hereby designated as the sole operating entity of the United States for
participation in INMARSAT, for the purpose of providing international
maritime satellite telecommunications services.
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(2)
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The corporation also shall have authority to
participate in any other maritime satellite telecommunications system on an
interim basis to serve the maritime commercial and safety needs of the United
States through an interim operating arrangement in accordance with subsection
(b).
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(3)
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The corporation may participate in and is
hereby authorized to sign the operating agreement or other pertinent
instruments of INMARSAT as the sole designated operating entity of the United
States.
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(b)
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(1)
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The corporation may participate in any
maritime satellite telecommunications system under subsection (a) (2) only
if—
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(A)
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the corporation signs the operating
agreement of INMARSAT before beginning such participation;
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(B)
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such participation is in the nature of an
interim operating arrangement remaining in effect only until INMARSAT begins
its operations; and
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(C) |
(i)
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in the case of participation which may be
undertaken only pursuant to a treaty or executive agreement, such treaty or
executive agreement is in effect; or
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(ii)
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in any case in which participation does not
require any treaty or executive agreement, the President does not disapprove
such participation during the period of 60 calendar days after the
corporation notifies the President of such proposed participation.
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(2)
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If the corporation participates in an
interim operating arrangement with a maritime satellite telecommunications
system under this subsection, the provisions of this title relating to
participation of the corporation in INMARSAT also shall apply to such interim
participation.
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(3)
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Any disapproval by the President under
paragraph (1) (c) (ii) shall be published in the Federal Register as soon as
practicable after the date of such disapproval.
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(c)
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The corporation—
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(1)
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may own and operate satellite earth terminal
stations in the United States;
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(2)
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shall interconnect such stations, and the
maritime satellite telecommunications provided by such stations, with the
facilities and services of United States domestic common carriers and
international common carriers, other than any common carrier or other entity
in which the corporation has any ownership interest, as authorized by the
Commission;
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(3)
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shall interconnect such stations and the
maritime satellite telecommunications provided by such stations, with the
facilities and services of private communications systems, unless the
Commission finds that such interconnection will not serve the public
interest; and
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(4)
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may establish, own, and operate the United
States share of the jointly owned international space segment and associated
ancillary facilities.
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(d)
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The corporation shall be responsible for
fulfilling any financial obligation placed upon the corporation as a
signatory to the operating agreement or other pertinent instruments, and any
other financial obligation which may be placed upon the corporation as the
result of a convention or other instrument establishing INMARSAT. The
corporation shall be the sole United States representative in the managing
body of INMARSAT.
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(e) |
(1)
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Any person, including the Federal Government
or any agency thereof, may be authorized, in accordance with paragraph (2) or
paragraph (3), to be the sole owner or operator, or both, of any satellite
earth terminal station if such station is used for the exclusive purposes of
training personnel in the use of equipment associated with the operation and
maintenance of such station, or in carrying out experimentation relating to
maritime satellite telecommunications services.
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(2)
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If the person referred to in paragraph (1)
is the Federal Government or any agency thereof, such satellite earth
terminal station shall have been authorized to operate by the executive
department charged with such responsibility.
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(3)
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In any other case, such satellite earth
terminal station shall have been authorized by the Commission.
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(f)
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The Commission may authorize ownership of
satellite earth terminal stations by persons other than the corporation at
any time the Commission determines that such additional ownership will
enhance the provision of maritime satellite services in the public interest.
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(g)
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The Commission shall determine the
operational arrangements under which the corporation shall interconnect its
satellite earth terminal station facilities and services with United States
domestic common carriers and international common carriers, other than any
common carrier, system, or other entity in which the corporation has any
ownership interest, and private communications systems when authorized
pursuant to subsection (c) (3) for the purpose of extending maritime
satellite telecommunications services within the United States and in other
areas. The initial determination of operational arrangements shall be made by
the Commission no later than 6 months after the effective date of this title,
and the Commission shall thereupon transmit to the Congress a report relating
to such determination.
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(h)
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Notwithstanding any provision of State law,
the articles of incorporation of the corporation shall provide for the
continued ability of the board of directors of the corporation to transact
business under such circumstances of national emergency as the President or
his delegate may determine would not permit a prompt meeting of the number of
directors otherwise required to transact business.
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IMPLEMENTATION OF POLICY |
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Sec.
504.
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(a)
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The Secretary of Commerce shall—
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(1)
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coordinate the activities of Federal
agencies with responsibilities in the field of telecommunications (other than
the Commission), so as to ensure that there is full and effective compliance
with the provisions of this title;
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(2)
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take all necessary steps to ensure the
availability and appropriate utilization of the maritime satellite
telecommunications services provided by INMARSAT for general governmental
purposes, except in any case in which a separate telecommunications system is
required to meet unique governmental needs or is otherwise required in the
national interest;
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(3)
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exercise his authority in a manner which
seeks to obtain coordinated and efficient use of the electromagnetic spectrum
and orbital space, and to ensure the technical compatibility of the space
segment with existing communications facilities in the United States and in
foreign countries; and
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(4)
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take all necessary steps to determine the
interests and needs of the ultimate users of the maritime satellite
telecommunications system and to communicate the views of the Federal
Government on utilization and user needs to INMARSAT.
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(b) |
The President shall exercise such
supervision over, and issue such instructions to, the corporation in
connection with its relationships and activities with foreign governments,
international entities, and INMARSAT as may be necessary to ensure that such
relationships and activities are consistent with the national interest and
foreign policy of the United States.
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(c)
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The Commission shall—
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(1)
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institute such proceedings as may be
necessary to carry out the provisions of section 503 of this title;
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(2)
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make recommendations to the President for
the purpose of assisting him in his issuance of instructions to the
corporation;
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(3)
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grant such authorizations as may be
necessary under title II and title III of the Communications Act of 1934 to
enable the corporation—
(A)
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to provide to the public, in accordance with
section 503 (c) (2) of this title, space segment channels of communication
obtained from INMARSAT; and
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(B)
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to construct and operate such satellite
earth terminal stations in the United States as may be necessary to provide
sufficient access to the space segment;
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(4)
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grant such other authorizations as may be
necessary under title II and title III of the Communications Act of 1934 to
carry out to the provisions of this title;
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(5)
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establish procedures to provide for the
continuing review of the telecommunications activities of the corporation as
the United States signatory to the operating agreement or other pertinent
instruments; and
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(6)
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prescribe such rules as may be necessary to
carry out the provisions of this title.
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(d)
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The Commission is authorized to issue
instructions to the corporation with respect to regulatory matters within the
jurisdiction of the Commission. In the event an instruction of the Commission
conflicts with an instruction of the President pursuant to subsection (b),
the instructions issued by the President shall prevail.
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STUDY OF STRUCTURE AND ACTIVITIES OF
COMMUNICATIONS SATELLITE CORPORATION
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Sec.
505. |
(a)
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The Commission shall conduct a study of the
corporate structure and operating activities of the corporation, with a view
toward determining whether any changes are required to ensure that the
corporation is able to effectively fulfill its obligations and carry out its
functions under this Act and the Communications Act of 1934.
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(b)
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The Commission shall transmit a report to
the Congress not later than 18 months after the effective date of this title
relating to the study of the corporation conducted under subsection (a). Such
report shall contain a detailed statement of the findings and conclusions of
such study, any action taken by the Commission related to such findings and
conclusions, and any recommendations of the Commission for such legislative
or other action as the Commission considers necessary or appropriate.
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STUDY OF PUBLIC MARITIME COAST STATION
SERVICES
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Sec.
506.
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(a)
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The Commission shall conduct a study of
public maritime coast station services, with particular emphasis on high seas
services, with a view toward determining whether the rules and regulations of
the Commission and the assignment of licenses and radio frequencies in effect
on the effective date of this title should be subject to any alteration in
order to establish a systematic approach for the provision of modern and
effective maritime telecommunications systems.
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(b)
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The Commission shall transmit a report to
the Congress not later than 12 months after the effective date of this title
relating to the study of public maritime coast station services conducted
under subsection (a). Such report shall contain a detailed statement of the
findings and conclusions of such study, any action taken by the Commission
related to such findings and conclusions, and any recommendations of the
Commission for such legislative or other action as the Commission considers
necessary or appropriate.
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STUDY OF RADIO NAVIGATION SYSTEMS
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Sec.
507. |
(a)
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The President, in conjunction with
Government agencies which will or may be affected by the development of a
Government-wide radio navigation plan, shall conduct a study of all
Government radio navigation systems to determine the most effective manner of
reducing the proliferation and overlap of such systems. The objective of such
study shall be the development of such a plan.
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(b)
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The President shall transmit a report to the
Congress no later than 12 months after the effective date of this title relating
to the study conducted under subsection (a) of this section. Such report
shall contain a detailed statement of the findings and conclusions of such
study, and action taken by the President related to such findings and
conclusions, and any recommendations of the President for such legislation or
other action as the President considers necessary or appropriate for
implementation of a Government-wide radio navigation plan.
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DEFINITIONS |
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Sec.
508.
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For purposes of this title—
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(1)
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the term 'person' includes an individual,
partnership, association, joint stock company, trust, or corporation;
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(2)
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the term 'satellite earth terminal station'
means a complex of communications equipment located on land, operationally
interconnected with one or more terrestrial communications systems, and
capable of transmitting telecommunications to, or receiving
telecommunications from, the space segment;
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(3)
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the term 'space segment' means any satellite
(or capacity on a satellite) maintained under the authority of INMARSAT, for
the purpose of providing international maritime telecommunications services,
and the tracking, telemetry, command, control, monitoring, and related
facilities and equipment required to support the operation of such satellite;
and
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(4)
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the term 'State' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Trust Territory of the Pacific Islands, and any other territory
or possession of the United States.
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