Article XVI Other Space Segments
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(a)
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Any Party or Signatory which intends, or
becomes aware that any person within the jurisdiction of that Party intends,
individually or jointly, to establish, acquire or utilize space segment
equipment separate from the EUTELSAT Space Segment in order to meet the
requirements of international public telecommunications services within the
EUTELSAT Space Segment service area to provide services as defined in
paragraphs (a) and (b) of Article III of the Convention shall, before such
establishment, acquisition or utilization, furnish all relevant information
to the Assembly of Parties through the Board of Signatories which shall
establish whether there is likely to be any significant economic harm to
EUTELSAT. The Board of Signatories shall submit its report and conclusions to
the Assembly of Parties.
The Assembly of Parties shall give its views
within six months from the start of the foregoing procedure. An extraordinary
meeting of the Assembly of Parties may be convened for this purpose.
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(b)
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The Board of Signatories shall draft and
submit to the Assembly of Parties, as a matter of priority, the guidelines to
be considered by any Party or Signatory which intends, or becomes aware that
any person within the jurisdiction of the Party intends, individually or
jointly, to establish space segment equipment separate from the EUTELSAT
Space Segment in order to meet its requirements for domestic or international
public or specialized telecommunications services, to ensure technical
compatibility of such separate equipment and its operation with the use of
the radio frequency spectrum and orbital space by an existing or planned
EUTELSAT Space Segment.
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(c)
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This Article shall not apply to the
establishment, acquisition or utilization of space segment equipment separate
from that of the EUTELSAT Space Segment,
(i)
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which forms part or is intended to form part
of the INTELSAT Space Segment or the INMARSAT Space Segment as defined in the
INTELSAT Agreement and in the INMARSAT Convention respectively;
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(ii)
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which is established solely for national
security purposes.
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