[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1328 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1328

     To amend the Communications Satellite Act of 1962 to promote 
  competition and privatization in satellite communications, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 28, 1997

  Mr. Inouye introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To amend the Communications Satellite Act of 1962 to promote 
  competition and privatization in satellite communications, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Communications Satellite Competition 
and Privatization Act of 1997''.

      TITLE I--USE OF FEDERAL COMMUNICATIONS COMMISSION LICENSING 
          REQUIREMENTS TO SECURE COMPETITION AND PRIVATIZATION

SEC. 101. PURPOSE.

    It is the purpose of this Act to promote a fully competitive global 
market for satellite communication services for the benefit of 
consumers and providers of satellite services and equipment by fully 
privatizing the intergovernmental satellite organizations, INTELSAT and 
INMARSAT.

SEC. 102. REVISION OF COMMUNICATIONS SATELLITE ACT OF 1962.

    (a) Addition of New Title.--The Communications Satellite Act of 
1962 (47 U.S.C. 101) is amended by adding at the end the following new 
title:

        ``TITLE VI--COMMUNICATIONS COMPETITION AND PRIVATIZATION

      ``Subtitle A--Actions to Ensure Procompetitive Privatization

``SEC. 601. FEDERAL COMMUNICATIONS COMMISSION LICENSING.

    ``(a) Licensing for Separated Entities.--
            ``(1) Competition test.--The Commission may not issue a 
        license or construction permit to any separated entity, or 
        renew or permit the assignment or use of any such license or 
        permit, or authorize the use by any entity subject to United 
        States jurisdiction of any space segment owned or operated by 
        any separated entity, unless the Commission determines that 
        such issuance, renewal, assignment, or use will not harm 
        competition in the telecommunications market of the United 
        States. If the Commission does not make such a determination, 
        it shall deny or revoke authority to use space segment owned or 
        operated by the separated entity to provide services to, from, 
        or within the United States.
            ``(2) Criteria for competition test.--In making the 
        determination required by paragraph (1), the Commission shall 
        use the licensing criteria in sections 621 and 623, and shall 
        not make such a determination unless the Commission determines 
        that the privatization of any separated entity is consistent 
        with such criteria.
    ``(b) Licensing for INTELSAT, INMARSAT, and Successor Entities.--
            ``(1) Competition test.--The Commission shall substantially 
        limit, deny, or revoke the authority for any entity subject to 
        United States jurisdiction to use space segment owned or 
        operated by INTELSAT or INMARSAT or any successor entities to 
        provide non-core services to, from, or within the United 
        States, unless the Commission determines--
                    ``(A) after January 1, 2002, in the case of 
                INTELSAT and its successor entities, that INTELSAT and 
                any successor entities have been privatized in a manner 
                that will not harm competition in the 
                telecommunications markets of the United States; or
                    ``(B) after January 1, 2001, in the case of 
                INMARSAT and its successor entities, that INMARSAT and 
                any successor entities have been privatized in a manner 
                that will not harm competition in the 
                telecommunications markets of the United States.
            ``(2) Criteria for competition test.--In making the 
        determination required by paragraph (1), the Commission use the 
        licensing criteria in sections 621, 622, and 624, and shall not 
        make such a determination unless the Commission determines that 
        such privatization is consistent with such criteria.
    ``(c) Prevention of Expansion.--Pending privatization in accordance 
with the licensing criteria in subtitle B, the Commission shall not--
            ``(1) issue an authorization, license, or permit to, or 
        renew the license or permit of, any provider of services using 
        INTELSAT or INMARSAT space segment, or authorize the use of 
        such space segment, for additional services (including 
        additional applications of existing services) or additional 
        areas of business; or
            ``(2) otherwise assist the expansion of INTELSAT or 
        INMARSAT services, including through authorizing COMSAT's 
        investment in new INTELSAT or INMARSAT satellites or 
        registering for orbital slots intended for INTELSAT or INMARSAT 
        provision of additional services (including additional 
        applications of existing services) or additional areas of 
        business.

``SEC. 602. INTELSAT OR INMARSAT ORBITAL SLOTS.

    ``Unless, in a proceeding under section 610(b), the Commission 
determines that INTELSAT or INMARSAT have been privatized in a manner 
that will not harm competition, then--
            ``(1) the President shall oppose, and the Commission shall 
        not assist, any registration for new orbital slots for INTELSAT 
        or INMARSAT orbital slots--
                    ``(A) with respect to INTELSAT, after January 1, 
                2002, and
                    ``(B) with respect to INMARSAT, after January 1, 
                2001, and
            ``(2) the President and Commission shall, consistent with 
        the deadlines in paragraph (1), take all other necessary 
        measures to preclude procurement, registration, development, or 
        use of new satellites which would provide non-core services.

  ``Subtitle B--Federal Communications Commission Licensing Criteria: 
                         Privatization Criteria

``SEC. 621. GENERAL CRITERIA TO ENSURE A PRO-COMPETITIVE PRIVATIZATION 
              OF INTELSAT AND INMARSAT.

    ``The President and the Commission shall secure a pro-competitive 
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 January 1, 2002, and
                    ``(B) INMARSAT as soon as practicable, but no later 
                than January 1, 2001.
            ``(2) Independence.--The successor entities and separated 
        entities of INTELSAT and INMARSAT resulting from the 
        privatization obtained pursuant to paragraph (1) shall--
                    ``(A) be entities that are national corporations; 
                and
                    ``(B) have ownership and management that is 
                independent of--
                          ``(i) any signatories or former signatories 
                        that control access to national 
                        telecommunications markets; and
                            ``(ii) any intergovernmental organization 
                        remaining after the privatization.
            ``(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 though the terms and operation of 
                the INTELSAT Agreement and the associated Headquarters 
                Agreement and the INMARSAT Convention; and
                    ``(C) preferential access to orbital slots.
            ``(4) Prevention of expansion during transition.--During 
        the transition period prior to full privatization, INTELSAT and 
        INMARSAT shall be precluded from expanding into additional 
        services (including additional applications of existing 
        services) or additional areas of business.
            ``(5) Conversion to stock corporations.--Any successor 
        entity or separated entity created out of INTELSAT or INMARSAT 
        shall be a national corporation established through the 
        execution of an initial public offering as follows:
                    ``(A) Any successor entities and separated entities 
                shall be incorporated as private corporations subject 
                to the laws of the nation in which incorporated.
                    ``(B) An initial public offering of securities of 
                any successor entity or separated entity shall be 
                conducted no later than--
                            ``(i) January 1, 2001, for the successor 
                        entities of INTELSAT; and
                            ``(ii) January 1, 2000, for the successor 
                        entities of INMARSAT.
                    ``(C) The shares of any successor entities and 
                separated entities shall be listed for trading on one 
                or more major stock exchanges with transparent and 
                effective securities regulation.
                    ``(D) A majority of the board of directors of any 
                successor entity or separated entity shall not be 
                subject to selection or appointment by, or otherwise 
                serve as representatives of--
                            ``(i) any signatory or former signatory 
                        that controls access to national 
                        telecommunications markets; or
                            ``(ii) any intergovernmental organization 
                        remaining after the privatization.
                    ``(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 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 incorporated and 
        headquartered in 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.
            ``(8) Return of unused orbital slots.--INTELSAT, INMARSAT, 
        and any successor entities and separated entities shall not be 
        permitted to warehouse orbital slots that do not have 
        satellites that are providing commercial services, and any 
        orbital slots of INTELSAT or INMARSAT which are not in use or 
        brought into use providing commercial services as of May 12, 
        1997, or thereafter, shall be returned to the International 
        Telecommunication Union for reallocation.
            ``(9) Appraisal of assets.--Before any transfer of assets 
        by INTELSAT or INMARSAT to any successor entity or separated 
        entity, such assets shall be independently audited for purposes 
        of appraisal, at both book and fair market value.

``SEC. 622. SPECIFIC CRITERIA FOR INTELSAT.

    ``In securing the privatizations required by section 621, the 
following additional criteria with respect to INTELSAT privatization 
shall be applied as licensing criteria for purposes of subtitle A:
            ``(1) Number of competitors.--The number of competitors in 
        the markets served by INTELSAT, including the number of 
        competitors created out of INTELSAT, shall be sufficient to 
        create a fully competitive market.
            ``(2) Prevention of expansion during transition.--Pending 
        privatization in accordance with the criteria in this title, 
        INTELSAT shall not expand by receiving additional orbital 
        slots, placing new satellites in existing slots, or procuring 
        new or additional satellites, except for specified replacement 
        satellites for which construction contracts have been executed 
        as of May 12, 1997, and the United States shall oppose such 
        expansion--
                    ``(A) in INTELSAT, including at the Assembly of 
                Parties,
                    ``(B) in the International Telecommunication Union,
                    ``(C) through United States instructions to COMSAT,
                    ``(D) in the Commission, through declining to 
                facilitate the registration of additional orbital slots 
                or the provision of additional services (including 
                additional applications of existing services) or 
                additional areas of business; and
                    ``(E) in other appropriate fora.
            ``(3) Technical coordination among signatories.--Technical 
        coordination shall not be used to impair competition or 
        competitors, and coordination under Article XIV(d) of the 
        INTELSAT Agreement shall be eliminated.

``SEC. 623. SPECIFIC CRITERIA FOR INTELSAT SEPARATED ENTITIES.

    ``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.
            ``(2) Privileges and immunities.--The privileges and 
        immunities of INTELSAT and its signatories shall be waived with 
        respect to any transactions with any separated entity, and any 
        limitations on private cause of action that would otherwise 
        generally be permitted against any separated entity shall be 
        eliminated.
            ``(3) 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.
            ``(4) Spectrum assignments.--After the initial transfer 
        which may accompany the creation of a separated entity, the 
        portions of the electromagnetic spectrum assigned on the date 
        of enactment of this Act to INTELSAT shall not be transferred 
        between INTELSAT and any separated entity.
            ``(5) 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 15 years after the completion of INTELSAT 
        privatization under this title.

``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) Multiple signatories and direct access.--Multiple 
        signatories and direct access to INMARSAT shall be permitted.
            ``(2) Prevention of expansion during transition.--Pending 
        privatization in accordance with the criteria in this title, 
        INMARSAT should not expand by receiving additional orbital 
        slots; placing new satellites in existing slots, or procuring 
        new or additional satellites, except for specified replacement 
        satellites for which construction contracts have been executed 
        as of May 12, 1997, and the United States shall oppose such 
        expansion--
                    ``(A) in INMARSAT, including at the Council and 
                Assembly of Parties,
                    ``(B) in the International Telecommunication Union,
                    ``(C) through United States instructions to COMSAT,
                    ``(D) in the Commission, through declining to 
                facilitate the registration of additional orbital slots 
                or providing new services or uses for exiting slots, 
                and
                    ``(E) in other appropriate fora.
            ``(3) Number of competitors.--The number of competitors in 
        the markets served by INMARSAT, including the number of 
        competitors created out of INMARSAT, shall be sufficient to 
        create a fully competitive market.
            ``(4) Reaffiliation prohibited.--Any merger or ownership 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.
            ``(5) 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.
            ``(6) Spectrum assignments.--The portions of the 
        electromagnetic spectrum assigned on the date of enactment of 
        this Act to INMARSAT--
                    ``(A) shall, after January 1, 2006, or the date on 
                which the life of the current generation of INMARSAT 
                satellites ends, whichever is later, be made available 
                for assignment to all systems (including the privatized 
                INMARSAT) on a non-discriminatory basis; and
                    ``(B) shall not be transferred between INMARSAT and 
                ICO.

          Subtitle C--Deregulation and Other Statutory Changes

``SEC. 641. DIRECT ACCESS; TREATMENT OF COMSAT AS NONDOMINANT CARRIER.

    ``The Commission shall take such actions as may be necessary--
            ``(1) to permit providers or users of telecommunications 
        services to obtain direct access to INTELSAT telecommunications 
        services as soon as practicable, but no later than January 1, 
        2001;
            ``(2) to permit providers or users of telecommunications 
        services to obtain direct access to INMARSAT telecommunications 
        services as soon as practicable, but no later than January 1, 
        2000; and
            ``(3) to treat COMSAT as a nondominant carrier for the 
        purposes of the Commission's regulations on the effective date 
        of the actions taken pursuant to paragraphs (1) and (2), 
        respectively.

``SEC. 642. SIGNATORY ROLE.

    ``(a) Multiple Signatories Permitted.--
            ``(1) INTELSAT.--As soon as practicable, but no later than 
        January 1, 2001, multiple signatories shall be permitted to 
        represent the United States in INTELSAT.
            ``(2) INMARSAT.--As soon as practicable, but no later than 
        January 1, 2000, multiple signatories shall be permitted to 
        represent the United States in INMARSAT.
    ``(b) Elimination of COMSAT Privileges and Immunities.--
Notwithstanding any other law or executive agreement, COMSAT shall not 
be entitled to any privileges or immunities under the laws of the 
United States or any State on the basis of its status as a signatory of 
INTELSAT or INMARSAT.
    ``(c) Parity of Treatment.--Notwithstanding any other law or 
executive agreement, the Commission shall have the authority to impose 
similar regulatory fees on the United States signatory which it imposes 
on other entities providing similar services.

``SEC. 643. ELIMINATION OF PROCUREMENT PREFERENCES.

    ``Nothing in this Act or the Communications Act of 1934 shall be 
construed to authorize or require any preference, in Federal Government 
procurement of telecommunications services, for the satellite space 
segment provided by INTELSAT, INMARSAT, or any successor entity or 
separated entity.

``SEC. 644. USE OF ITU TECHNICAL COORDINATION.

    ``The Commission and United States satellite companies shall 
utilize the International Telecommunication Union procedures for 
technical coordination with INTELSAT and its successor entities and 
separated entities, rather than INTELSAT procedures.

``SEC. 645. TERMINATION OF COMMUNICATIONS SATELLITE ACT OF 1962 
              PROVISIONS.

    ``Effective on the dates specified, the following provisions of 
this Act shall cease to be effective:
            ``(1) Date of enactment of this title: Sections 101 and 
        102; paragraphs (1), (5) and (6) of section 201(a); section 
        301; section 303; section 304; section 502; and paragraphs (2) 
        and (4) of section 504(a).
            ``(2) On the effective date of the Commission's order that 
        establishes direct access to INTELSAT space segment: Paragraphs 
        (1), (3) through (5), and (8) through (10) of section 201(c).
            ``(3) On the effective date of the Commission's order that 
        establishes direct access to INMARSAT space segment: 
        Subsections (a) through (d) of section 503.
            ``(4) On the effective date of a Commission order 
        determining under section 601(b)(2) that INMARSAT privatization 
        is consistent with criteria in sections 621 and 624: Section 
        504(b).
            ``(5) On the effective date of a Commission order 
        determining under section 601(b)(2) that INTELSAT privatization 
        is consistent with criteria in sections 621 and 622: Paragraphs 
        (2) and (4) of section 201(a); section 201(c)(2); subsection 
        (a) of section 403; and section 404.

``SEC. 646. REPORTS TO THE CONGRESS.

    ``(a) Annual Reports.--The President and the Commission shall 
report to the Congress within 90 calendar days of the enactment of this 
Act, and not less than annually thereafter, on the progress made to 
achieve the objectives and carry out the purposes and provisions of 
this Act. Such report shall be made available immediately to the 
public.
    ``(b) Contents of Reports.--The reports submitted pursuant to 
subsection (a) shall include the following:
            ``(1) Progress with respect to each objective since the 
        most recent preceding report.
            ``(2) Views of the Parties with respect to privatization.
            ``(3) Views of industry and consumers on privatization.

``SEC. 647. CONSULTATION WITH CONGRESS.

    ``The President's designees and the Commission shall consult with 
the Committee on Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate prior 
to each meeting of the INTELSAT or INMARSAT Assembly of Parties, the 
INTELSAT Board of Governors, the INMARSAT Council, or appropriate 
working group meetings.

``SEC. 648. SATELLITE AUCTIONS.

    ``Notwithstanding any other provision of law, the Commission shall 
not have the authority to assign by competitive bidding orbital slots 
or spectrum used for the provision of international or global satellite 
communications services. The President shall oppose in the 
International Telecommunication Union and in other bilateral and 
multilateral fora any assignment by competitive bidding of orbital 
slots or spectrum sued for the provision of such services.

           ``Subtitle D--Negotiations To Pursue Privatization

''SEC. 661. METHODS TO PURSUE PRIVATIZATIONS.

    ``The President shall secure the pro-competitive privatizations 
required by this title in a manner that meets the criteria in subtitle 
B.

                       ``Subtitle E--Definitions

``SEC. 681. DEFINITIONS.

    ``(a) In General.--As used in this title:
            ``(1) INTELSAT.--The term `INTELSAT' means the 
        International Telecommunications Satellite Organization 
        established pursuant to the Agreement Relating to the 
        International Telecommunications Satellite Organization 
        (INTELSAT).
            ``(2) INMARSAT.--The term `INMARSAT' means the 
        International Mobile Satellite Organization established 
        pursuant to the Convention on the International Maritime 
        Organization.
            ``(3) Signatories.--The term `signatories'--
                    ``(A) in the case of INTELSAT, or INTELSAT 
                successors or separated entities, means a Party, or the 
                telecommunications entity designated by a Party, that 
                has signed the Operating Agreement and for which such 
                Agreement has entered into force or to which such 
                Agreement has been provisionally applied;
                    ``(B) in the case of INMARSAT, or INMARSAT 
                successors or separated entities, means either a Party 
                to, or an entity that has been designated by a Party to 
                sign, the Operating Agreement.
            ``(4) Party.--The term `Party'--
                    ``(A) in the case of INTELSAT, means a nation for 
                which the INTELSAT agreement has entered into force or 
                been provisionally applied; and
                    ``(B) in the case of INMARSAT, means a nation for 
                which the INMARSAT convention has entered into force.
            ``(5) Commission.--The term `Commission' means the Federal 
        Communications Commission.
            ``(6) International Telecommunication Union.--The term 
        `International Telecommunication Union' means the 
        intergovernmental organization that is a specialized agency of 
        the United Nations in which member countries cooperate for the 
        development of telecommunications, including adoption of 
        international regulations governing terrestrial and space uses 
        of the frequency spectrum as well as use of the geostationary 
        satellite orbit.
            ``(7) Direct access.--The term `direct access' means 
        arrangements for purchase of space segment capacity from, or 
        investment in (or both), INTELSAT or INMARSAT by means other 
        than through a signatory.
            ``(8) Successor entity.--The term `successor entity'--
                    ``(A) means any privatized entity created from the 
                privatization of INTELSAT or INMARSAT or from the 
                assets of INTELSAT or INMARSAT, but
                    ``(B) does not include any entity that is a 
                separated entity.
            ``(9) Separated entity.--The term `separated entity' means 
        a privatized entity to whom a portion of the assets owned by 
        INTELSAT or INMARSAT are transferred prior to full 
        privatization of INTELSAT or INMARSAT, including in particular 
        the entity whose structure was under discussion by INTELSAT as 
        of May 12, 1997, but excluding ICO.
            ``(10) Orbital slot.--The term `orbital slot' means the 
        location for placement of a satellite on the geostationary 
        orbital arc as defined in the International Telecommunication 
        Union Radio Regulations.
            ``(11) Space segment.--The term `space segment' means the 
        satellites, and the tracking, telemetry, command, control, 
        monitoring and related facilities and equipment used to support 
        the operation of satellites owned or leased by INTELSAT, 
        INMARSAT, or a separated entity or successor entity.
            ``(12) Non-core.--The term `non-core services' means, with 
        respect to INTELSAT provision, services other than public-
        switched network voice telephony and occasional-use television, 
        and with respect to INMARSAT provision, services other than 
        global maritime distress and safety services or other existing 
        maritime or aeronautical services for which there are not 
        alternative providers.
            ``(13) Additional services.--The term `additional services' 
        means Internet services, high-speed data, non-maritime or non-
        aeronautical mobile services, Direct to Home (DTH) or Direct 
        Broadcast Satellite (DBS) video services, or Ka-band services.
            ``(14) INTELSAT.--The term `INTELSAT' means the 
        International Telecommunications Satellite Organization.
            ``(15) INTELSAT agreement.--The term `INTELSAT Agreement' 
        means the Agreement Relating to the International 
        Telecommunications Satellite Organization (INTELSAT), including 
        all its annexes (TIAS 7532, 23 UST 3813).
            ``(16) Headquarters agreement.--The term `Headquarters 
        Agreement' means the International Telecommunication Satellite 
        Organization Headquarters Agreement (November 24, 1976) 
        (TIAS8542, 28 UST 2248).
            ``(17) Operating agreement.--The term `Operating Agreement' 
        means--
                    ``(A) in the case of INTELSAT, the agreement, 
                including its annex but excluding all titles of 
                articles, opened for signature at Washington on August 
                20, 1971, by Governments or telecommunications entities 
                designated by Governments in accordance with the 
                provisions of the Agreement, and
                    ``(B) in the case of INMARSAT, the Operating 
                Agreement on the International Maritime Satellite 
                Organization, including its annexes.
            ``(18) INMARSAT convention.--The term `INMARSAT Convention' 
        means the Convention on the International Maritime Satellite 
        Organization (INMARSAT) (TIAS 9605, 31 UST 1).
            ``(19) National corporation.--The term `national 
        corporation' means a corporation the ownership of which is held 
        through publicly traded securities, and that is incorporated 
        under, and subject to, the laws of a national, state, or 
        territorial government.
            ``(20) COMSAT.--The term `COMSAT' means the corporation 
        established pursuant to title III of the Communications 
        Satellite Act of 1962 (47 U.S.C. 731 et seq.)
            ``(21) ICO.--The term `ICO' means the company known, as of 
        the date of enactment of this Act, as ICO Global 
        Communications, Inc.
    ``(b) Common Terminology.--Except as otherwise provided in 
subsection (a), terms used in this Act that are defined in section 3 of 
the Communications Act of 1934 have the meanings provided in such 
section.''.
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