---
kind: "section"
citation: "47 U.S.C. § 761"
title: "47"
title_heading: "Telecommunications"
number: "761"
heading: "Federal Communications Commission licensing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/761"
units:
  - "Chapter 6 — Communications Satellite System"
  - "Subchapter VI — Communications Competition and Privatization"
  - "Part A — Actions To Ensure Pro-Competitive Privatization"
---

# §761. Federal Communications Commission licensing

- (a) **Licensing for separated entities—**
  - (1) **Competition test—** The [Commission](/usc/47/702.md?p=10) may not issue a license or construction permit to any [separated entity](/usc/47/769.md?p=a-8), 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](/usc/47/757.md?p=3) owned, leased, or operated by any [separated entity](/usc/47/769.md?p=a-8), unless the [Commission](/usc/47/702.md?p=10) determines that such issuance, renewal, assignment, or use will not harm competition in the [telecommunications](/usc/47/702.md?p=6) market of the United States. If the [Commission](/usc/47/702.md?p=10) does not make such a determination, it shall deny or revoke authority to use [space segment](/usc/47/757.md?p=3) owned, leased, or operated by the [separated entity](/usc/47/769.md?p=a-8) to provide services to, from, or within the United States.
  - (2) **Criteria for competition test—** In making the determination required by [paragraph (1)](#a-1), the [Commission](/usc/47/702.md?p=10) shall use the licensing criteria in sections [763](/usc/47/763.md) and [763b](/usc/47/763b.md)[^1] of this title, and shall not make such a determination unless the [Commission](/usc/47/702.md?p=10) determines that the privatization of any [separated entity](/usc/47/769.md?p=a-8) is consistent with such criteria.
- (b) **Licensing for INTELSAT, Inmarsat, and successor entities—**
  - (1) **Competition test—**
    - (A) **In general—** In considering the application of [INTELSAT](/usc/47/769.md?p=a-1), [Inmarsat](/usc/47/769.md?p=a-2), or their [successor entities](/usc/47/769.md?p=a-7) for a license or construction permit, or for the renewal or assignment or use of any such license or permit, or in considering the request of any entity subject to United States jurisdiction for authorization to use any [space segment](/usc/47/757.md?p=3) owned, leased, or operated by [INTELSAT](/usc/47/769.md?p=a-1), [Inmarsat](/usc/47/769.md?p=a-2), or their [successor entities](/usc/47/769.md?p=a-7), to provide [non-core services](/usc/47/769.md?p=a-11) to, from, or within the United States, the [Commission](/usc/47/702.md?p=10) shall determine whether—
      - (i) after April 1, 2001, in the case of [INTELSAT](/usc/47/769.md?p=a-1) and its [successor entities](/usc/47/769.md?p=a-7), [INTELSAT](/usc/47/769.md?p=a-1) and any [successor entities](/usc/47/769.md?p=a-7) have been privatized in a manner that will harm competition in the [telecommunications](/usc/47/702.md?p=6) markets of the United States; or
      - (ii) after April 1, 2000, in the case of [Inmarsat](/usc/47/769.md?p=a-2) and its [successor entities](/usc/47/769.md?p=a-7), [Inmarsat](/usc/47/769.md?p=a-2) and any [successor entities](/usc/47/769.md?p=a-7) have been privatized in a manner that will harm competition in the [telecommunications](/usc/47/702.md?p=6) markets of the United States.
    - (B) **Consequences of determination—** If the [Commission](/usc/47/702.md?p=10) determines that such competition will be harmed or that grant of such application or request for authority is not otherwise in the public interest, the [Commission](/usc/47/702.md?p=10) shall limit through conditions or deny such application or request, and limit or revoke previous authorizations to provide [non-core services](/usc/47/769.md?p=a-11) to, from, or within the United States. After due notice and opportunity for comment, the [Commission](/usc/47/702.md?p=10) shall apply the same limitations, restrictions, and conditions to all entities subject to United States jurisdiction using [space segment](/usc/47/757.md?p=3) owned, leased, or operated by [INTELSAT](/usc/47/769.md?p=a-1), [Inmarsat](/usc/47/769.md?p=a-2), or their [successor entities](/usc/47/769.md?p=a-7).
    - (C) **National security, law enforcement, and public safety—** The [Commission](/usc/47/702.md?p=10) shall not impose any limitation, condition, or restriction under [subparagraph (B)](#b-1-B) in a manner that will, or is reasonably likely to, result in limitation, denial, or revocation of authority for [non-core services](/usc/47/769.md?p=a-11) that are used by and required for a [national security agency](/usc/47/769.md?p=a-21) or law enforcement department or agency of the United States, or used by and required for, and otherwise in the public interest, any other Department or Agency of the United States to protect the health and safety of the public. Such services may be obtained by the United States directly from [INTELSAT](/usc/47/769.md?p=a-1), [Inmarsat](/usc/47/769.md?p=a-2), or a [successor entity](/usc/47/769.md?p=a-7), or indirectly through [COMSAT](/usc/47/769.md?p=a-18), or authorized carriers or distributors of the [successor entity](/usc/47/769.md?p=a-7).
    - (D) **Rule of construction—** Nothing in this subsection is intended to preclude the [Commission](/usc/47/702.md?p=10) from acting upon applications of [INTELSAT](/usc/47/769.md?p=a-1), [Inmarsat](/usc/47/769.md?p=a-2), or their [successor entities](/usc/47/769.md?p=a-7) prior to the latest date set out in [section 763(5)(A) of this title](/usc/47/763.md?p=5-A), including such actions as may be necessary for the United States to become the licensing jurisdiction for [INTELSAT](/usc/47/769.md?p=a-1), but the [Commission](/usc/47/702.md?p=10) shall condition a grant of authority pursuant to this subsection upon compliance with sections [763](/usc/47/763.md) and [763a](/usc/47/763a.md) of this title.
  - (2) **Criteria for competition test—** In making the determination required by [paragraph (1)](#b-1), the [Commission](/usc/47/702.md?p=10) shall use the licensing criteria in sections [763](/usc/47/763.md), [763a](/usc/47/763a.md), and [763c](/usc/47/763c.md)[^1] of this title, and shall determine that competition in the [telecommunications](/usc/47/702.md?p=6) markets of the United States will be harmed unless the [Commission](/usc/47/702.md?p=10) finds that the privatization referred to in [paragraph (1)](#b-1) is consistent with such criteria.
  - (3) **Clarification: competitive safeguards—** In making its licensing decisions under this subsection, the [Commission](/usc/47/702.md?p=10) shall consider whether users of [non-core services](/usc/47/769.md?p=a-11) provided by [INTELSAT](/usc/47/769.md?p=a-1) or [Inmarsat](/usc/47/769.md?p=a-2) or successor or [separated entities](/usc/47/769.md?p=a-8) are able to obtain [non-core services](/usc/47/769.md?p=a-11) from providers offering services other than through [INTELSAT](/usc/47/769.md?p=a-1) or [Inmarsat](/usc/47/769.md?p=a-2) or successor or [separated entities](/usc/47/769.md?p=a-8), at competitive rates, terms, or conditions. Such consideration shall also include whether such licensing decisions would require users to replace equipment at substantial costs prior to the termination of its design life. In making its licensing decisions, the [Commission](/usc/47/702.md?p=10) shall also consider whether competitive alternatives in individual markets do not exist because they have been foreclosed due to anticompetitive actions undertaken by or resulting from the [INTELSAT](/usc/47/769.md?p=a-1) or [Inmarsat](/usc/47/769.md?p=a-2) systems. Such licensing decisions shall be made in a manner which facilitates achieving the purposes and goals in this subchapter and shall be subject to notice and comment.
- (c) **Additional considerations in determinations—** In making its determinations and licensing decisions under subsections [(a)](#a) and [(b)](#b), the [Commission](/usc/47/702.md?p=10) shall construe such subsections in a manner consistent with the United States obligations and commitments for satellite services under the Fourth Protocol to the General Agreement on Trade in Services.
- (d) **Independent facilities competition—** Nothing in this section shall be construed as precluding [COMSAT](/usc/47/769.md?p=a-18) from investing in or owning satellites or other facilities independent from [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2), and successor or [separated entities](/usc/47/769.md?p=a-8), or from providing services through reselling capacity over the facilities of satellite systems independent from [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2), and successor or [separated entities](/usc/47/769.md?p=a-8). This subsection shall not be construed as restricting the types of contracts which can be executed or services which may be provided by [COMSAT](/usc/47/769.md?p=a-18) over the independent satellites or facilities described in this subsection.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 87–624, title VI, § 601, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 48.)

## Notes

### Editorial Notes

### References in Text

Section 763b of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 109–34, § 2, July 12, 2005, 119 Stat. 377.

Section 763c of this title, referred to in subsec. (b)(2), was amended generally by Pub. L. 109–34, § 3, July 12, 2005, 119 Stat. 377, and no longer relates to specific criteria for Inmarsat privatization.

### Statutory Notes and Related Subsidiaries

### Purpose

Pub. L. 106–180, § 2, Mar. 17, 2000, 114 Stat. 48, provided that: “It is the purpose of this Act [see Short Title of 2000 Amendment note set out under section 701 of this title] 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.”