§752. Corporation's status as designated operating entity

(a) Statement of purpose; signature authorization

(1) the ¹ communications satellite corporation established pursuant to subchapter III of this chapter is hereby designated as the sole operating entity of the United States for participation in INMARSAT, for the purpose of providing international maritime satellite telecommunications services.

(2) The corporation may participate in and is hereby authorized to sign the operating agreement or other pertinent instruments of INMARSAT as the sole designated operating entity of the United States.

(b) Powers of corporation

The corporation-

(1) may own and operate satellite earth terminal stations in the United States;

(2) shall interconnect such stations, and the maritime satellite telecommunications provided by such stations, with the facilities and services of United States domestic common carriers and international common carriers, other than any common carrier or other entity in which the corporation has any ownership interest, as authorized by the Commission;

(3) shall interconnect such stations and the maritime satellite telecommunications provided by such stations, with the facilities and services of private communications systems, unless the Commission finds that such interconnection will not serve the public interest; and

(4) may establish, own, and operate the United States share of the jointly owned international space segment and associated ancillary facilities.

(c) Financial obligation

The corporation shall be responsible for fulfilling any financial obligation placed upon the corporation as a signatory to the operating agreement or other pertinent instruments, and any other financial obligation which may be placed upon the corporation as the result of a convention or other instrument establishing INMARSAT. The corporation shall be the sole United States representative in the managing body of INMARSAT.

(d) Sole ownership or/and operation of satellite earth terminal station for training of personnel pursuant to authorization of responsible executive department or Commission

(1) Any person, including the Federal Government or any agency thereof, may be authorized, in accordance with paragraph (2) or paragraph (3), to be the sole owner or operator, or both, of any satellite earth terminal station if such station is used for the exclusive purposes of training personnel in the use of equipment associated with the operation and maintenance of such station, or in carrying out experimentation relating to maritime satellite telecommunications services.

(2) If the person referred to in paragraph (1) is the Federal Government or any agency thereof, such satellite earth terminal station shall have been authorized to operate by the executive department charged with such responsibility.

(3) In any other case, such satellite earth terminal station shall have been authorized by the Commission.

(e) Additional noncorporation ownership of satellite earth terminal stations for enhancement of maritime satellite services in the public interest

The Commission may authorize ownership of satellite earth terminal stations by persons other than the corporation at any time the Commission determines that such additional ownership will enhance the provision of maritime satellite services in the public interest.

(f) Operational arrangements for interconnection of satellite earth terminal stations and facilities with common carriers and private communications systems for extension of services

The Commission shall determine the operational arrangements under which the corporation shall interconnect its satellite earth terminal station facilities and services with United States domestic common carriers and international common carriers, other than any common carrier, system, or other entity in which the corporation has any ownership interest, and private communications systems when authorized pursuant to subsection (b)(3) of this section for the purpose of extending maritime satellite telecommunications services within the United States and in other areas.

(g) Articles of incorporation provision for business transactions during national emergency with less than requisite number of directors

Notwithstanding any provision of State law, the articles of incorporation of the corporation shall provide for the continued ability of the board of directors of the corporation to transact business under such circumstances of national emergency as the President or his delegate may determine would not permit a prompt meeting of the number of directors otherwise required to transact business.

(Pub. L. 87–624, title V, §503, as added Pub. L. 95–564, Nov. 1, 1978, 92 Stat. 2392 ; amended Pub. L. 103–414, title III, §§303(b)(4), 304(b)(5), Oct. 25, 1994, 108 Stat. 4296 , 4297.)

Amendments

1994-Subsec. (a)(1). Pub. L. 103–414, §303(b)(4), which directed the substitution of "the communications satellite corporation established pursuant to subchapter III of this chapter" for "the Communications Satellite Corporation", was executed by making the substitution in text which began "The Communications" rather than "the Communications" to reflect the probable intent of Congress.

Subsec. (a)(2), (3). Pub. L. 103–414, §304(b)(5)(A), (B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "The corporation also shall have authority to participate in any other maritime satellite telecommunications system on an interim basis to serve the maritime commercial and safety needs of the United States through an interim operating arrangement in accordance with subsection (b) of this section."

Subsec. (b). Pub. L. 103–414, §304(b)(5)(C), (E), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:

"(b)(1) The corporation may participate in any maritime satellite telecommunications system under subsection (a)(2) of this section only if-

"(A) the corporation signs the operating agreement of INMARSAT before beginning such participation;

"(B) such participation is in the nature of an interim operating arrangement remaining in effect only until INMARSAT begins its operations; and

"(C)(i) in the case of participation which may be undertaken only pursuant to a treaty or executive agreement, such treaty or executive agreement is in effect; or

"(ii) in any case in which participation does not require any treaty or executive agreement, the President does not disapprove such participation during the period of 60 calendar days after the corporation notifies the President of such proposed participation.

"(2) If the corporation participates in an interim operating arrangement with a maritime satellite telecommunications system under this subsection, the provisions of this subchapter relating to participation of the corporation in INMARSAT also shall apply to such interim participation.

"(3) Any disapproval by the President under paragraph (1)(C)(ii) shall be published in the Federal Register as soon as practicable after the date of such disapproval."

Subsecs. (c) to (f). Pub. L. 103–414, §304(b)(5)(E), redesignated subsecs. (d) to (g) as (c) to (f), respectively. Former subsec. (c) redesignated (b).

Subsec. (g). Pub. L. 103–414, §304(b)(5)(E), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

Pub. L. 103–414, §304(b)(5)(D), substituted "subsection (b)(3)" for "subsection (c)(3)" and struck out at end "The initial determination of operational arrangements shall be made by the Commission no later than 6 months after November 1, 1978, and the Commission shall thereupon transmit to the Congress a report relating to such determination."

Subsec. (h). Pub. L. 103–414, §304(b)(5)(E), redesignated subsec. (h) as (g).

Section Referred to in Other Sections

This section is referred to in section 753 of this title.

¹ So in original. Probably should be capitalized.