---
kind: "section"
citation: "47 U.S.C. § 763d"
title: "47"
title_heading: "Telecommunications"
number: "763d"
heading: "Encouraging market access and privatization"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/763d"
units:
  - "Chapter 6 — Communications Satellite System"
  - "Subchapter VI — Communications Competition and Privatization"
  - "Part B — Federal Communications Commission Licensing Criteria: Privatization Criteria"
---

# §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](/usc/47/702.md?p=10)—
    - (A) a list of Member countries of [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2) 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](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2) that are not Members of the World Trade Organization and that are not supporting pro-competitive privatization of [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2).
  - (2) **Consultation—** The Secretary’s determinations under [paragraph (1)](#a-1) shall be made in consultation with the Federal Communications [Commission](/usc/47/702.md?p=10), 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](/usc/47/769.md?p=a-4) of [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2).
- (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](/usc/47/702.md?p=10) 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](/usc/47/702.md?p=10) pursuant to [subsection (a)](#a).

- (c) **Settlements policy—** The [Commission](/usc/47/702.md?p=10) 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](/usc/47/702.md?p=6) policy, including in meetings with [parties](/usc/47/769.md?p=a-4) and [signatories](/usc/47/769.md?p=a-3) of [INTELSAT](/usc/47/769.md?p=a-1) and [Inmarsat](/usc/47/769.md?p=a-2).

## Source credit

(Pub. L. 87–624, title VI, § 625, as added Pub. L. 106–180, § 3, Mar. 17, 2000, 114 Stat. 54.)