Page:United States Statutes at Large Volume 114 Part 1.djvu/90

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114 STAT. 54 PUBLIC LAW 106-180—MAR. 17, 2000 "(4) REAFFILIATION PROHIBITED.— Any merger or ownership or management ties or exclusive arrangements between a privatized INTELSAT or any successor entity and any separated entity shall be prohibited until 11 years after the completion of INTELSAT privatization under this title. 47 USC 763c. " SEC. 624. SPECIFIC CRITERIA FOR INMARSAT. "In securing the privatizations required by section 621, the following additional criteria with respect to Inmarsat privatization shall be applied as licensing criteria for purposes of subtitle A: "(1) REAFFILIATION PROHIBITED. — Any merger, ownership of more than one percent of the voting securities, or management ties or exclusive arrangements between Inmarsat or any successor entity or separated entity and ICO shall be prohibited until 15 years after the completion of Inmarsat privatization under this title. " (2) INTERLOCKING DIRECTORATES OR EMPLOYEES.— None of the officers, directors, or employees of Inmarsat or any successor entity or separated entity shall be individuals who are officers, directors, or employees of ICO. "(3) PRESERVATION OF THE GMDSS.— The United States shall seek to preserve space segment capacity of the GMDSS. 47 USC 763d. " SEC. 625. ENCOURAGING MARKET ACCESS AND PRIVATIZATION. "(a) NTIA DETERMINATION. — Deadline. " (1) DETERMINATION REQUIRED.—Within 180 days after the Records. date of enactment of this section, the Secretary of Commerce shall, 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) shall be made in consultation with the Federal Communications Commission, the Secretary of State, and the United States Trade Representative, and shall take into account the totality of a countrjir's actions in all relevant fora, including the Assemblies of Parties of INTELSAT and Inmarsat. "(b) IMPOSITION OF COST-BASED SETTLEMENT RATE.— Notwithstanding— "(1) any higher settlement rate that an overseas carrier charges any United States carrier to originate or terminate international message telephone services; and "(2) any transition period that would otherwise apply, the Commission may by rule prohibit United States carriers from paying an amount in excess of a cost-based settlement rate to overseas carriers in countries listed by the Commission pursuant to subsection (a). "(c) SETTLEMENTS POLICY.— The Commission shall, in exercising its authority to establish settlements rates for United States international common carriers, seek to advance United States policy