VI XXXXXX
(E) Summary of Conclusion
265. |
In this
proceeding, we have considered a variety of issues that have been raised by the
applications that have been filed with the Commission to construct and operate
international communications satellite systems separate from INTELSAT. We have
concluded that the proposed separate systems will offer substantial benefits to
international communications users. Separate systems will provide users with
special communications needs with currently unavailable means of packaging and
transmitting information over satellite networks. Separate Systems will also
stimulate technological innovation and service development, improve network
efficiencies, reduce user costs, create new business and trade opportunities
through improved international communications. Further, we have concluded that
authorization of the proposed separate systems subject to the Executive branch
service restrictions will provide reasonable assurance that INTELSAT will not
incur significant economic harm. These service restrictions will protect
INTELSAT's revenues obtained from supplying space segment capacity for
international switched message services by prohibiting separate systems from
interconnecting with public-switched networks. Public-switched services by far comprise
INTELSAT's largest source of revenues. Only peripheral or "customized" services
would be subject to competition between INTELSAT and separate systems. We
believe that entry will stimulate the overall international satellite
communications market beyond the levels anticipated by INTELSAT and that
INTELSAT stands to benefit from such expansion. Entry of competing suppliers
also will put pressures on INTELSAT to improve the efficiencies of its
operations and provide services at minimum costs, consistent with reasonable
service standards.
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266. |
To
implement the Executive branch service restrictions, we will condition the
license for any separate system that we authorize to limit its operation to the
provision of services through the sale or long-term lease of transponders or
space segment capacity for communications not interconnected with
public-switched message networks (except for emergency restoration service). No
communications provided over a separate satellite system's space segment may
interconnect with the public facilities of common carriers to provide switched
message services such as MTS, telex, TWX, telegraph, teletext facsimile and
high speed switched data services. The "no-interconnection" and "sale and
long-term lease" restrictions apply not only to separate system operators, but
also to all levels of resellers and users of the facilities. In view of the "sale
and long-term lease" requirement, separate system licensees may not operate as
common carriers. Finally, we have determined the following: (1) there is no
need to establish a minimum unit of space segment capacity which a separate
system must provide; (2) the minimum lease period for the "long-term lease" of
capacity is to be one year; (3) space segment capacity may be obtained and
resold by common carriers and enhanced service providers to provide
communications services not interconnected with any public-switched message
network; and (4) there is no basis to establish a "sunset" date for the
Executive branch service restrictions absent a finding from the Executive
branch that these restrictions are no longer necessary to fulfil U.S.
international obligations.
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267. |
In
addition, consistent with the Presidential determination that separate systems
are required in the national interest, we will not issue a license permitting
any separate system applicant to begin operating its proposed system until the
United States has completed coordination of that system with INTELSAT pursuant
to Article XIV(d) of the INTELSAT Agreement and we have been informed by the
Department of State that the United States has fulfilled its obligations under
Article XIV(d). We will review applications to determine whether the proposals:
(1) are consistent with the Executive branch service restrictions and the
spectrum/orbit efficiency standards that we are adopting in this decision; (2)
satisfy requisite legal, financial and technical standards; and (3) otherwise
are in the public interest under the Communications Act of 1934. We will issue
initial construction permits to those applicants initially satisfying legal,
technical and minimum financial standards. However, no applicant may begin
construction until it satisfies all financial standards. Those standards must
be satisfied no later than 60 days after the State Department informs the
Commission that the U.S. has fulfilled its Article XIV(d) obligations. An
applicant meeting all legal, technical and financial standards prior to
completion of the Article XIV(d) process may begin construction upon Commission
order and at its own risk. However, no license will be issued until Article
XIV(d) consultation is completed and the applicant demonstrates that it has
completed construction pursuant to the terms of its construction permit.
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