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ORBIT Act

Became Public Law No: 106-180.

Official summary

Version 36 · Passed House amended · Nov 10, 1999

Communications Satellite Competition and Privatization Act of 1999 - Amends the Communications Act of 1934 to add a new chapter concerning communications satellite competition and privatization.Prohibits the Federal Communications Commission (FCC) from issuing a license or construction permit to any separated entity (an entity that has been privatized under this Act), renewing or assigning any such license or permit, or authorizing such entity to use its space segment unless the FCC determines that such issuance, renewal, assignment, or use will not harm competition in the U.S. telecommunications market. Requires the FCC to substantially limit, deny, or revoke the authority of any U.S. entity to use any space segment owned, leased, or operated by INTELSAT (the International Telecommunications Satellite Organization) or Inmarsat (the International Maritime Satellite Organization) or any successor entities to provide non-core satellite services to, from, or within the United States, unless the FCC finds that INTELSAT and Inmarsat and their successor entities, by specified dates, have been privatized in a manner that will not harm competition in the U.S. telecommunications markets. Outlines competition requirements, including that users of non-core services currently provided by such entities are able to obtain such services from other providers at competitive rates, terms, and conditions.States that, unless the FCC determines appropriate privatization by INTELSAT or Inmarsat, then: (1) the President shall oppose any registration for new orbital locations for such entities after specified dates; and (2) the President and the FCC shall preclude procurement, registration, development, or use of new satellites which would provide non-core services (with an exception for replacement or currently-contracted satellites).Authorizes the FCC to issue an authorization, license, or permit for any provider of services using any INTELSAT or Inmarsat space segment for additional services or additional areas of business during the privatization period, subject to specified requirements, including three annual findings that substantial progress has been made in achieving pro-competitive privatization and that neither INTELSAT nor Inmarsat are hindering competitor access to the satellite services market. Provides an exception with respect to existing INTELSAT or Inmarsat contracts.Directs the President and the FCC, applying specified criteria, to secure a pro-competitive privatization of INTELSAT and Inmarsat. Requires each entity to be privatized as soon as practicable, but no later than April 1, 2001, for INTELSAT, and April 1, 2000, for Inmarsat. Requires successor and separated entities of INTELSAT and Inmarsat to be independent entities. Prohibits the preferential treatment currently provided to INTELSAT and Inmarsat from being extended to such successor and separated entities. Outlines transitional requirements during the privatization period. Requires INTELSAT, Inmarsat, and any successor and separated entities to return satellite orbital locations that were unused as of March 25, 1998.Includes as specific criteria for INTELSAT privatization: (1) a sufficient number of competitors to create a fully competitive market; and (2) the prevention of expansion during privatization.Includes as specific criteria for INTELSAT separated entities: (1) a public offering of the securities of such an entity within one year after its creation; (2) no privileges and immunities previously granted to INTELSAT; (3) a prohibition against interlocking directors and employees; and (4) a 15-year prohibition against the merger or ownership arrangements between a privatized INTELSAT or successor entity and any separated entity.Includes as specific criteria for Inmarsat privatization: (1) multiple signatories and direct access to Inmarsat; (2) the prevention of expansion during privatization; (3) a sufficient number of competitors to create a fully competitive market; (4) a 15-year prohibition against merger or ownership arrangements between Inmarsat or any of its successor or separated entities and ICO Global Communications, Inc.; and (5) a prohibition against Inmarsat and ICO interlocking directors or employees.Directs the Secretary of Commerce to transmit to the FCC a list of member countries of INTELSAT and Inmarsat that are not members of the World Trade Organization and that: (1) impose barriers to market access for private satellite systems; or (2) are not supporting pro-competitive privatization of INTELSAT and Inmarsat. Authorizes the FCC to prohibit U.S. carriers from paying to overseas carriers an amount for international message telephone services in excess of a cost-based settlement rate.Permits current users or providers of telecommunications services to obtain direct access to INTELSAT telecommunications services and space segment capacity through purchase of such capacity or services from, or investments in, INTELSAT. Requires the FCC to complete a rulemaking to determine whether such users or providers have sufficient opportunity to access such services and capacity directly from INTELSAT.Authorizes the FCC to restrict foreign ownership of an entity representing the United States in INTELSAT or Inmarsat (a U.S. signatory) if to not do so would constitute a threat to national security. States that no U.S. signatories shall be required after privatization is achieved.Revises the privileges and immunities currently provided to the Communications Satellite Corporation (COMSAT).Terminates specified provisions of the Communications Satellite Act of 1962.Requires annual reports from the President and the FCC to specified congressional committees on progress made in achieving the objectives and carrying out the purposes of this Act. Directs the President and the FCC to consult with such committees prior to each meeting of the INTELSAT or Inmarsat Assembly of Parties, the INTELSAT Board of Governors, the Inmarsat Council, or appropriate working groups.Prohibits the FCC from assigning by competitive bidding orbital locations or spectrum used for the provision of international or global satellite communications services. Directs the President to oppose any such assignment in international fora.Prohibits any satellite operator from acquiring or enjoying the exclusive right of handling telecommunications to or from the United States and any other country by reason of any arrangement to which such operator or any persons or companies controlling or controlled by the operator are parties (with an exception for existing services).

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Who introduced it

Sen. Burns, Conrad R. [R-MT] · R–MT

Committees

  • Energy and Commerce Committee
  • Commerce, Science, and Transportation Committee
19 cosponsorship records, including any withdrawals

Actions

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  1. Became Public Law No: 106-180.

  2. Became Public Law No: 106-180.

  3. Signed by President.

  4. Signed by President.

  5. Presented to President.

  6. Presented to President.

  7. On agreeing to the conference report Agreed to by voice vote. (consideration: CR H902-906)

  8. Motions to reconsider laid on the table Agreed to without objection.

  9. Conference report agreed to in House: On agreeing to the conference report Agreed to by voice vote.(consideration: CR H902-906)

  10. The previous question was ordered without objection.

  11. DEBATE - The House proceeded with one hour of debate on the conference report on S. 376.

  12. Mr. Bliley brought up conference report H. Rept. 106-509 for consideration as a privileged matter.

  13. Rules Committee Resolution H. Res. 432 Reported to House. Rule provides for consideration of the conference report to S. 376. All points of order against the conference report and against its consideration are waived.

  14. Message on Senate action sent to the House.

  15. Senate agreed to conference report by Unanimous Consent. (consideration: CR S1155)

  16. Conference report agreed to in Senate: Senate agreed to conference report by Unanimous Consent.(consideration: CR S1155)

  17. Conference papers: Senate report and manager's statement and official papers held at the desk in Senate.

  18. Conferees agreed to file conference report.

  19. Conference committee actions: Conferees agreed to file conference report.

  20. Conference report H. Rept. 106-509 filed. (consideration: CR H636-639; text of conference report: CR H636-639)

  21. Conference report filed: Conference report H. Rept. 106-509 filed.(consideration: CR H636-639; text of conference report: CR H636-639)

  22. Conference held.

  23. Conference committee actions: Conference held.

  24. Message on Senate action sent to the House.

  25. Senate agreed to request for conference. Appointed conferees. McCain, Stevens, Burns, Hollings and Inouye.

  26. Senate disagreed to the House amendment by Unanimous Consent.

  27. Resolving differences -- Senate actions: Senate disagreed to the House amendment by Unanimous Consent.

  28. Senate withdrew request of November 19, 1999, for conference by Unanimous Consent Vote.

  29. Message on House action received in Senate and at desk: and the House requests that the Senate withdraw its request for a conference and agree to the conference asked by the House.

  30. Message on Senate action sent to the House.

  31. Senate requests a conference. Appoints conferees. McCain; Stevens; Burns; Hollings; Inouye. by Unanimous Consent. (consideration: CR S14918)

  32. Senate disagreed to the House amendment by Unanimous Consent. (consideration: CR S14914-14918; text: CR S14914-14918)

  33. Message on House action received in Senate and at desk: House amendment to Senate bill.

  34. Motion to reconsider laid on the table Agreed to without objection.

  35. The Speaker appointed conferees: Bliley, Tauzin, Oxley, Dingell, and Markey.

  36. On motion that the House insist upon its amendment, and request a conference Agreed to without objection. (consideration: CR H11939)

  37. Mr. Tauzin asked unanimous consent that the House insist upon its amendment, and request a conference.

  38. Motion to reconsider laid on the table Agreed to without objection.

  39. A similar measure H.R. 3261 was laid on the table without objection.

  40. On passage Passed without objection. (text: CR H11936-11939)

  41. Passed/agreed to in House: On passage Passed without objection.(text: CR H11936-11939)

  42. The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 3261. Agreed to without objection.

  43. Considered by unanimous consent. (consideration: CR H11936-11939)

  44. Mr. Tauzin asked unanimous consent to discharge from committee and consider.

  45. Committee on Commerce discharged.

  46. Committee on Commerce discharged.

  47. Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.

  48. Referred to the House Committee on Commerce.

  49. Message on Senate action sent to the House.

  50. Received in the House.

  51. Passed Senate with an amendment by Unanimous Consent. (text: CR 7/12/1999 S8297-8300)

  52. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR 7/12/1999 S8297-8300)

  53. The committee substitute as amended agreed to.

  54. Measure laid before Senate by unanimous consent. (consideration: CR S8051-8053)

  55. Placed on Senate Legislative Calendar under General Orders. Calendar No. 189.

  56. Committee on Commerce. Reported to Senate by Senator McCain with an amendment in the nature of a substitute. With written report No. 106-100.

  57. Committee on Commerce. Reported to Senate by Senator McCain with an amendment in the nature of a substitute. With written report No. 106-100.

  58. Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.

  59. Committee on Commerce, Science, and Transportation Subcommittee on Communications. Hearings held. With printed Hearing: S.Hrg. 106-1099.

  60. Read twice and referred to the Committee on Commerce.

  61. Sponsor introductory remarks on measure. (CR S1275-1276)

  62. Introduced in Senate

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