Page:United States Statutes at Large Volume 114 Part 1.djvu/87

 PUBLIC LAW 106-180—MAR. 17, 2000 114 STAT. 51 additional services. The Commission shall take all necessary measures to implement this requirement, including denial by the Commission of licensing for such services. "(b) ORBITAL LOCATION INCENTIVES. —Until such privatization is achieved, the United States shall oppose and decline to facilitate applications by such entities for new orbital locations to provide such services. "Subtitle B—Federal Communications Commission Licensing Criteria: Privatization Criteria "SEC. 621. GENERAL CRITERLN. TO ENSURE A PRO-COMPETITIVE 47 USC 763. PRIVATIZATION OF INTELSAT AND INMARSAT. "The President and the Commission shall secure a pro-competi- President, tive privatization of INTELSAT and Inmarsat that meets the criteria set forth in this section and sections 622 through 624. In securing such privatizations, the following criteria shall be applied as licensing criteria for purposes of subtitle A: "(1) DATES FOR PRIVATIZATION.—Privatization shall be obtained in accordance with the criteria of this title of— "(A) INTELSAT as soon as practicable, but no later than April 1, 2001; and "(B) Inmarsat as soon as practicable, but no later than July 1, 2000. "(2) INDEPENDENCE. — The privatized successor entities and separated entities of INTELSAT and Inmarsat shall operate as independent commercial entities, and have a pro-competitive ownership structure. The successor entities and separated entities of INTELSAT and Inmarsat shall conduct an initial public offering in accordance with paragraph (5) to achieve such independence. Such offering shall substantially dilute the aggregate ownership of such entities by such signatories or former signatories. In determining whether a public offering attains such substantial dilution, the Commission shall take into account the purposes and intent, privatization criteria, and other provisions of this title, as well as market conditions. No intergovernmental organization, including INTELSAT or Inmarsat, shall have— "(A) an ownership interest in INTELSAT or the successor or separated entities of INTELSAT; or "(B) more than minimal ownership interest in Inmarsat or the successor or separated entities of Inmarsat. "(3) TERMINATION OF PRIVILEGES AND IMMUNITIES. — The preferential treatment of INTELSAT and Inmarsat shall not be extended to any successor entity or separated entity of INTELSAT or Inmarsat. Such preferential treatment includes— "(A) privileged or immune treatment by national governments; "(B) privileges or immunities or other competitive advantages of the type accorded INTELSAT and Inmarsat and their signatories through the terms and operation of the INTELSAT Agreement and the associated Headquarters Agreement and the Inmarsat Convention; and "(C) preferential access to orbital locations.

�