47 U.S.C. § 763d — Encouraging market access and privatization

(a) NTIA determination (1) Determination required Within 180 days after March 17, 2000 , the Secretary of Commerce must, through the Assistant Secretary for Communications and Information, transmit to the Commission— (A) a list of Member countries of INTELSAT and Inmarsat that are not Members of the World Trade Organization and that impose barriers to market access for private satellite systems; and (B) a list of Member countries of INTELSAT and Inmarsat that are not Members of the World Trade Organization and that are not supporting pro-competitive privatization of INTELSAT and Inmarsat. (2) Consultation The Secretary’s determinations under paragraph (1) must be made in consultation with the Federal Communications Commission, the Secretary of State, and the U.S. Trade Representative, and must take into account the totality of a country’s actions in all relevant fora, including the Assemblies of Parties of INTELSAT and Inmarsat. (b) Imposition of cost-based settlement rate despite— (1) any higher settlement rate that an overseas carrier charges any U.S. carrier to originate or terminate international message telephone services; and (2) any transition period that would otherwise apply, the Commission may by rule prohibit U.S. carriers from paying an amount in excess of a cost-based settlement rate to overseas carriers in countries listed by the Commission under subsection (a). (c) Settlements policy The Commission must, in exercising its authority to establish settlements rates for U.S. international common carriers, seek to advance U.S. policy in favor of cost-based settlements in all relevant fora on international telecommunications policy, including in meetings with parties and signatories of INTELSAT and Inmarsat.