Article III: Scope of INTELSAT Activities
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(a)
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In
continuing and carrying forward on a definitive basis activities concerning
the space segment of the global commercial telecommunications satellite
system referred to in paragraph (a) of Article II of this Agreement, INTELSAT
shall have as its prime objective the provision, on a commercial basis, of
the space segment required for international public telecommunications
services of high quality and reliability to be available on a
non-discriminatory basis to all areas of the world.
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(b)
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The
following shall be considered on the same basis as international public
telecommunications services:
(i)
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domestic
public telecommunications services between areas separated by areas not under
the jurisdiction of the State concerned, or between areas separated by the
high seas; and
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(ii)
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domestic
public telecommunications services between areas which are not linked by any
terrestrial wide-band facilities and which are separated by natural barriers
of such an exceptional nature that they impede the viable establishment of terrestrial
wide-band facilities between such areas, provided that the Meeting of
Signatories, having regard to advice tendered by the Board of Governors, has
given the appropriate approval in advance.
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(c)
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The INTELSAT
space segment established to meet the prime objective shall also be made
available for other domestic public telecommunications services on a
non-discriminatory basis to the extent that the ability of INTELSAT to
achieve its prime objective is not impaired.
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(d)
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The INTELSAT
space segment may also, on request and under appropriate terms and
conditions, be utilized for the purpose of specialized telecommunications
services, either international or domestic, other than for military purposes,
provided that:
(i)
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the
provision of public telecommunications services is not unfavourably affected
thereby; and
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(ii)
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the
arrangements are otherwise acceptable from a technical and economic point of
view.
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(e)
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INTELSAT
may, on request and under appropriate terms and conditions, provide
satellites or associated facilities separate from the INTELSAT space segment
for:
(i)
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domestic
public telecommunications services in territories under the jurisdiction of
one or more Parties;
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(ii)
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international
public telecommunications services between or among territories under the
jurisdiction of two or more Parties;
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(iii)
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specialized
telecommunications services, other than for military purposes;
provided
that the efficient and economic operation of the INTELSAT space segment is
not unfavourably affected in any way.
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(f)
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The
utilization of the INTELSAT space segment for specialized telecommunications
services pursuant to paragraph (d) of the this Article, and the provision of
satellites or associated facilities separate from the INTELSAT space segment
pursuant to paragraph (e) of this Article, shall be covered by contracts
entered into between INTELSAT and the applicants concerned. The utilization
of INTELSAT space segment facilities for specialized telecommunications
services pursuant to paragraph (d) of this Article, and the provision of
satellites or associated facilities separate from the INTELSAT space segment
for specialized telecommunications services pursuant to subparagraph (e)(iii)
of this Article, shall be in accordance with appropriate authorizations, at
the planning stage, of the Assembly of Parties pursuant to subparagraph
(c)(iv) of Article VII of this Agreement. Where the utilization of INTELSAT
space segment facilities for specialized telecommunications services would
involve additional costs which result from required modifications to existing
or planned INTELSAT space segment facilities, or where the provision of
satellites or associated facilities separate from the INTELSAT space segment
is sought for specialized telecommunications services as provided for in
subparagraph (e)(iii) of this Article, authorization pursuant to subparagraph
(c)(iv) of Article VII of this Agreement shall be sought from the Assembly of
Parties as soon as the Board of Governors is in a position to advise the
Assembly of Parties in detail regarding the estimated cost of the proposal,
the benefits to be derived, the technical or other problems involved and the
probable effects on present or foreseeable INTELSAT services. Such
authorization shall be obtained before the procurement process for the
facility or facilities involved is initiated. Before making such
authorizations, the Assembly of Parties, in appropriate cases, shall consult
or ensure that there has been consultation by INTELSAT with Specialized
Agencies of the United Nations directly concerned with the provision of the
specialized telecommunications services in question.
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