---
kind: "section"
citation: "47 U.S.C. § 763"
title: "47"
title_heading: "Telecommunications"
number: "763"
heading: "General criteria to ensure a pro-competitive privatization of INTELSAT and Inmarsat"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/763"
units:
  - "Chapter 6 — Communications Satellite System"
  - "Subchapter VI — Communications Competition and Privatization"
  - "Part B — Federal Communications Commission Licensing Criteria: Privatization Criteria"
---

# §763. General criteria to ensure a pro-competitive privatization of INTELSAT and Inmarsat


The President and the [Commission](/usc/47/702.md?p=10) shall secure a pro-competitive privatization of [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2) that meets the criteria set forth in this section and sections [763a](/usc/47/763a.md) through [763c](/usc/47/763c.md)[^1] of this title. In securing such privatizations, the following criteria shall be applied as licensing criteria for purposes of part A:

- (1) **Dates for privatization—** Privatization shall be obtained in accordance with the criteria of this subchapter of—
  - (A) [INTELSAT](/usc/47/769.md?p=a-1) as soon as practicable, but no later than April 1, 2001; and
  - (B) [Inmarsat](/usc/47/769.md?p=a-2) as soon as practicable, but no later than July 1, 2000.
- (2) **Independence—** The privatized [successor entities](/usc/47/769.md?p=a-7) and [separated entities](/usc/47/769.md?p=a-8) of [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2) shall operate as independent commercial entities, and have a pro-competitive ownership structure. The [successor entities](/usc/47/769.md?p=a-7) and [separated entities](/usc/47/769.md?p=a-8) of [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2) shall conduct an initial public offering in accordance with [paragraph (5)](#5) to achieve such independence. Such offering shall substantially dilute the aggregate ownership of such entities by such [signatories](/usc/47/769.md?p=a-3) or former [signatories](/usc/47/769.md?p=a-3). In determining whether a public offering attains such substantial dilution, the [Commission](/usc/47/702.md?p=10) shall take into account the purposes and intent, privatization criteria, and other provisions of this subchapter, as well as market conditions. No intergovernmental organization, including [INTELSAT](/usc/47/769.md?p=a-1) or [Inmarsat](/usc/47/769.md?p=a-2), shall have—
  - (A) an ownership interest in [INTELSAT](/usc/47/769.md?p=a-1) or the successor or [separated entities](/usc/47/769.md?p=a-8) of [INTELSAT](/usc/47/769.md?p=a-1); or
  - (B) more than minimal ownership interest in [Inmarsat](/usc/47/769.md?p=a-2) or the successor or [separated entities](/usc/47/769.md?p=a-8) of [Inmarsat](/usc/47/769.md?p=a-2).
- (3) **Termination of privileges and immunities—** The preferential treatment of [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2) shall not be extended to any [successor entity](/usc/47/769.md?p=a-7) or [separated entity](/usc/47/769.md?p=a-8) of [INTELSAT](/usc/47/769.md?p=a-1) or [Inmarsat](/usc/47/769.md?p=a-2). 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](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2) and their [signatories](/usc/47/769.md?p=a-3) through the terms and operation of the [INTELSAT Agreement](/usc/47/769.md?p=a-13) and the associated [Headquarters Agreement](/usc/47/769.md?p=a-14) and the [Inmarsat Convention](/usc/47/769.md?p=a-16); and
  - (C) preferential access to [orbital locations](/usc/47/769.md?p=a-9).

  Access to new, or renewal of access to, [orbital locations](/usc/47/769.md?p=a-9) shall be subject to the legal or regulatory processes of a national government that applies due diligence requirements intended to prevent the warehousing of [orbital locations](/usc/47/769.md?p=a-9).

- (4) **Prevention of expansion during transition—** During the transition period prior to privatization under this subchapter, [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2) shall be precluded from expanding into [additional services](/usc/47/769.md?p=a-12).
- (5) **Conversion to stock corporations—** Any [successor entity](/usc/47/769.md?p=a-7) or [separated entity](/usc/47/769.md?p=a-8) created out of [INTELSAT](/usc/47/769.md?p=a-1) or [Inmarsat](/usc/47/769.md?p=a-2) shall be a [national corporation](/usc/47/769.md?p=a-17) or similar accepted commercial structure, subject to the laws of the nation in which incorporated, as follows:
  - (A) An initial public offering of securities of any [successor entity](/usc/47/769.md?p=a-7) or [separated entity](/usc/47/769.md?p=a-8)—
    - (i) shall be conducted, for the [successor entities](/usc/47/769.md?p=a-7) of [INTELSAT](/usc/47/769.md?p=a-1), on or about June 30, 2005, except that the [Commission](/usc/47/702.md?p=10) 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 December 31, 2005; and
    - (ii) shall be conducted, for the [successor entities](/usc/47/769.md?p=a-7) of [Inmarsat](/usc/47/769.md?p=a-2), not later than June 30, 2005, except that the [Commission](/usc/47/702.md?p=10) may extend this deadline to not later than December 31, 2004.
  - (B) The shares of any [successor entities](/usc/47/769.md?p=a-7) and [separated entities](/usc/47/769.md?p=a-8) shall be listed for trading on one or more major stock exchanges with transparent and effective securities regulation.
  - (C) A majority of the members of the board of directors of any [successor entity](/usc/47/769.md?p=a-7) or [separated entity](/usc/47/769.md?p=a-8) shall not be directors, employees, officers, or managers or otherwise serve as representatives of any signatory or former signatory. No member of the board of directors of any successor or [separated entity](/usc/47/769.md?p=a-8) shall be a director, employee, officer or manager of any intergovernmental organization remaining after the privatization.
  - (D) Any [successor entity](/usc/47/769.md?p=a-7) or [separated entity](/usc/47/769.md?p=a-8) shall—
    - (i) have a board of directors with a fiduciary obligation;
    - (ii) have no officers or managers who are officers or managers of any [signatories](/usc/47/769.md?p=a-3) or former [signatories](/usc/47/769.md?p=a-3); and
    - (iii) have no directors, officers, or managers who hold such positions in any intergovernmental organization.
  - (E) Any transactions or other relationships between or among any [successor entity](/usc/47/769.md?p=a-7), [separated entity](/usc/47/769.md?p=a-8), [INTELSAT](/usc/47/769.md?p=a-1), or [Inmarsat](/usc/47/769.md?p=a-2) shall be conducted on an arm’s length basis.
  - (F) Notwithstanding subparagraphs [(A)](#5-A) and [(B)](#5-B), a [successor entity](/usc/47/769.md?p=a-7) may be deemed a [national corporation](/usc/47/769.md?p=a-17) and may forgo an initial public offering and public securities listing and still achieve the purposes of this section if—
    - (i) the [successor entity](/usc/47/769.md?p=a-7) certifies to the [Commission](/usc/47/702.md?p=10) that—
      - (I) the [successor entity](/usc/47/769.md?p=a-7) has achieved substantial dilution of the aggregate amount of signatory or former signatory financial interest in such entity;
      - (II) any [signatories](/usc/47/769.md?p=a-3) and former [signatories](/usc/47/769.md?p=a-3) that retain a financial interest in such [successor entity](/usc/47/769.md?p=a-7) do not possess, together or individually, effective control of such [successor entity](/usc/47/769.md?p=a-7); and
      - (III) no intergovernmental organization has any ownership interest in a [successor entity](/usc/47/769.md?p=a-7) of [INTELSAT](/usc/47/769.md?p=a-1) or more than a minimal ownership interest in a [successor entity](/usc/47/769.md?p=a-7) of [Inmarsat](/usc/47/769.md?p=a-2);
    - (ii) the [successor entity](/usc/47/769.md?p=a-7) provides such financial and other information to the [Commission](/usc/47/702.md?p=10) as the [Commission](/usc/47/702.md?p=10) may require to verify such certification; and
    - (iii) the [Commission](/usc/47/702.md?p=10) determines, after notice and comment, that the [successor entity](/usc/47/769.md?p=a-7) is in compliance with such certification.
  - (G) For purposes of [subparagraph (F)](#5-F), the term “substantial dilution” means that a majority of the financial interests in the [successor entity](/usc/47/769.md?p=a-7) is no longer held or controlled, directly or indirectly, by [signatories](/usc/47/769.md?p=a-3) or former [signatories](/usc/47/769.md?p=a-3).
- (6) **Regulatory treatment—** Any [successor entity](/usc/47/769.md?p=a-7) or [separated entity](/usc/47/769.md?p=a-8) created after March 17, 2000, 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](/usc/47/769.md?p=a-7) or [separated entity](/usc/47/769.md?p=a-8) shall be subject to the jurisdiction of a nation or nations that—
  - (A) have effective laws and regulations that secure competition in [telecommunications](/usc/47/702.md?p=6) services;
  - (B) are [signatories](/usc/47/769.md?p=a-3) of the World Trade Organization Basic [Telecommunications](/usc/47/702.md?p=6) Services Agreement; and
  - (C) have a schedule of commitments in such Agreement that includes non-discriminatory market access to their satellite markets.

## Footnotes

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

## Source credit

(Pub. L. 87–624, title VI, § 621, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 51; amended Pub. L. 107–77, title VI, § 628, Nov. 28, 2001, 115 Stat. 804; Pub. L. 107–233, § 1, Oct. 1, 2002, 116 Stat. 1480; Pub. L. 108–39, § 2, June 30, 2003, 117 Stat. 835; Pub. L. 108–228, § 1, May 18, 2004, 118 Stat. 644; Pub. L. 108–371, § 1, Oct. 25, 2004, 118 Stat. 1752; Pub. L. 109–34, § 1, July 12, 2005, 119 Stat. 377.)

## Notes

### Editorial Notes

### References in Text

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

Section 763c of this title, referred to in text, 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.

### Amendments

2005—Par. (5)(D)(ii). Pub. L. 109–34, § 1(1), (2), struck out subcl. (I) designation after “managers who” and substituted “signatories; and” for “signatories, or (II) have any direct financial interest in or financial relationship to any signatories or former signatories, except that such interest may be managed through a blind trust or similar mechanism;”.

Par. (5)(D)(iii). Pub. L. 109–34, § 1(3), substituted “organization.” for “organization; and”.

Par. (5)(D)(iv). Pub. L. 109–34, § 1(4), struck out cl. (iv) which read as follows: “in the case of a separated entity, have no officers or directors, who (I) are officers or managers of any intergovernmental organization, or (II) have any direct financial interest in or financial relationship to any international organization, except that such interest may be managed through a blind trust or similar mechanism.”

2004—Par. (5)(A)(i). Pub. L. 108–228 substituted “June 30, 2005” for “December 31, 2003” and “December 31, 2005” for “June 30, 2004”.

Par. (5)(A)(ii). Pub. L. 108–371, § 1(1), substituted “June 30, 2005” for “June 30, 2004”.

Par. (5)(F), (G). Pub. L. 108–371, § 1(2), added subpars. (F) and (G).

2003—Par. (5)(A)(ii). Pub. L. 108–39 substituted “June 30, 2004” for “December 31, 2002” and “December 31, 2004” for “June 30, 2003”.

2002—Par. (5)(A)(i). Pub. L. 107–233 substituted “December 31, 2003,” for “October 1, 2001,” and “June 30, 2004;” for “December 31, 2002;”.

2001—Par. (5)(A)(ii). Pub. L. 107–77 substituted “not later than December 31, 2002, except that the Commission may extend this deadline to not later than June 30, 2003” for “on or about October 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 to no later than December 31, 2001”.

### Statutory Notes and Related Subsidiaries

### Immigration Status of Alien Employees of INTELSAT after Privatization

Title III of Pub. L. 106–396, Oct. 30, 2000, 114 Stat. 1645, provided for maintenance of nonimmigrant and special immigrant status of alien employees of INTELSAT and their immediate family members after privatization, and for treatment of employment for purposes of obtaining immigrant status as a multinational executive or manager.