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47 U.S.C. § 765a — Signatory role

submitted 26 years ago by Pub. L. 87-624 to r/title-47-TELECOMMUNICATIONS · 311 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section allows the Commission to restrict foreign ownership of a United States signatory for national-security reasons and ends the need for signatories to represent the United States after qualifying privatization. It also limits COMSAT immunity and liability and permits comparable regulatory fees.

(a)(1) After deciding that it serves the public interest and consulting the executive branch, the Federal Communications Commission may restrict foreign ownership of a United States signatory if it decides that leaving the ownership unrestricted would threaten national security.

(2) After a pro-competitive privatization consistent with sections 763, 763a, and 763c of this title, the United States Government may not require signatories to represent the United States in INTELSAT, Inmarsat, or a successor entity.

(b)(1) Despite another law or executive agreement, COMSAT is not entitled to privileges or immunities under United States or State law merely because it is an INTELSAT or Inmarsat signatory.

(2) COMSAT or its successor in interest is not liable for an action it takes while carrying out a specific written instruction from the United States connected with its relationships and activities involving foreign governments, international entities, or the intergovernmental satellite organizations.

(3) If COMSAT is liable for an action taken as an INTELSAT signatory or representative of an INTELSAT party, its liability is limited to the part of the judgment matching COMSAT’s percentage ownership of INTELSAT when the activity that led to the liability began.

(4) Paragraph (1) does not apply to liability for an action COMSAT took before March 17, 2000.

(c) Despite another law or executive agreement, the Commission may impose on the United States signatory regulatory fees similar to those it imposes on other entities providing similar services.

the actual law source: uscode.house.gov ↗public domain
(a) Limitations on signatories
(1) National security limitations

The Federal Communications Commission, after a public interest determination, in consultation with the executive branch, may restrict foreign ownership of a United States signatory if the Commission determines that not to do so would constitute a threat to national security.

(2) No signatories required

The United States Government shall not require signatories to represent the United States in INTELSAT or Inmarsat or in any successor entities after a pro-competitive privatization is achieved consistent with sections 763, 763a, and 763c 1 of this title.

(b) Clarification of privileges and immunities of COMSAT
(1) Generally not immunized

Notwithstanding any other law or executive agreement, COMSAT shall not be entitled to any privileges or immunities under the laws of the United States or any State on the basis of its status as a signatory of INTELSAT or Inmarsat.

(2) Limited immunity

COMSAT or any successor in interest shall not be liable for action taken by it in carrying out the specific, written instruction of the United States issued in connection with its relationships and activities with foreign governments, international entities, and the intergovernmental satellite organizations.

(3) No joint or several liability

If COMSAT is found liable for any action taken in its status as a signatory or a representative of the party to INTELSAT, any such liability shall be limited to the portion of the judgment that corresponds to COMSAT’s percentage of the ownership of INTELSAT at the time the activity began which lead to the liability.

(4) Provisions prospective

Paragraph (1) shall not apply with respect to liability for any action taken by COMSAT before March 17, 2000.

(c) Parity of treatment

Notwithstanding any other law or executive agreement, the Commission shall have the authority to impose similar regulatory fees on the United States signatory which it imposes on other entities providing similar services.

Source credit: (Pub. L. 87–624, title VI, § 642, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 55.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 87-624 · 114 Stat. 55

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-624 on 2000-03-17.

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