U.S. Code > Title 47 Telegraphs, Telephones, and Radiotelegraphs > CHAPTER 6—COMMUNICATIONS SATELLITE SYSTEM (§§ 701—769) > SUBCHAPTER VI—COMMUNICATIONS COMPETITION AND PRIVATIZATION (§§ 761—769) > Part B—Federal Communications Commission Licensing Criteria: Privatization Criteria (§§ 763—763d) > § 763d. Encouraging market access and privatization

§ 763d. Encouraging market access and privatization

(a) NTIA determination
(1) Determination required
Within 180 days after March 17, 2000, 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 country’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) of this section.
(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 in favor of cost-based settlements in all relevant fora on international telecommunications policy, including in meetings with parties and signatories of INTELSAT and Inmarsat.