Page:United States Statutes at Large Volume 114 Part 1.djvu/89

 PUBLIC LAW 106-180—MAR. 17, 2000 114 STAT. 53 to any international organization, except that such interest may be managed through a blind trust or similar mechanism. "(E) Any transactions or other relationships between or among any successor entity, separated entity, INTELSAT, or Inmarsat shall be conducted on an arm's length basis. "(6) REGULATORY TREATMENT.— Any successor entity or separated entity created after the date of enactment of this title shall apply through the appropriate national licensing authorities for international frequency assignments and associated orbital registrations for all satellites. "(7) COMPETITION POLICIES IN DOMICILIARY COUNTRY. — Any successor entity or separated entity shall be subject to the jurisdiction of a nation or nations that— "(A) have effective laws and regulations that secure competition in telecommunications services; "(B) are signatories of the World Trade Organization Basic Telecommunications Services Agreement; and "(C) have a schedule of commitments in such Agreement that includes non-discriminatory market access to their satellite markets. "SEC. 622. SPECIFIC CRITERIA FOR INTELSAT. 47 USC 763a. "In securing the privatizations required bysection 621, the following additional criteria with respect to INTELSAT privatization shall be applied as licensing criteria for purposes of subtitle A: "(1) TECHNICAL COORDINATION UNDER INTELSAT AGREE- MENTS.— Technical coordination shall not be used to impair competition or competitors, and shall be conducted under International Telecommunication Union procedures and not under Article XIV(d) of the INTELSAT Agreement. "SEC. 623. SPECIFIC CRITERIA FOR INTELSAT SEPARATED ENTITIES. 47 USC 763b. "In securing the privatizations required by section 621, the following additional criteria with respect to any INTELSAT separated entity shall be applied as licensing criteria for purposes of subtitle A: "(1) DATE FOR PUBLIC OFFERING. —Within one year after any decision to create any separated entity, a public offering of the securities of such entity shall be conducted. In the case of a separated entity created before January 1, 1999, such public offering shall be conducted no later than July 1, 2000, except that the Commission may extend this deadline in consideration of market conditions and relevant business factors relating to the timing of an initial public offering, but such extensions shall not permit such offering to be conducted later than July 31, 2001. "(2) INTERLOCKING DIRECTORATES OR EMPLOYEES. —None of the officers, directors, or employees of any separated entity shall be individuals who are officers, directors, or employees of INTELSAT. "(3) SPECTRUM ASSIGNMENTS. —After the initial transfer which may accompany the creation of a separated entity, the portions of the electromagnetic spectrum assigned as of the date of enactment of this title to INTELSAT shall not be transferred between INTELSAT and any separated entity.

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