Atomic Power Station shall be operated on no other special nuclear material than that made available by the United States . .

I hope that these responses will prove helpful in enabling you and your colleagues to support the Presidential decision to continue supply to India during the negotiation period provided by the Nuclear Non-Proliferation Act of 1978.

Ibid., pp. 309-402.

The House of Representatives rejected H. Con. Res. 599, which would have disapproved the proposed export to India, on July 12, 1978, by a roll-call vote, with 181 yeas (for disapproval), 227 nays (against disapproval), and 24 not voting.

Cong. Rec., Vol. 124, No. 104 (daily ed., July 12, 1978), p. H6530.

See further, the 1976 Digest, pp. 550-555, in regard to litigation involving export to India of special nuclear material, that antedated the Nuclear Non-Proliferation Act of 1978.

89

Communications and Transportation

Telecommunications

Maritime Satellite Telecommunications

Public Law 95-564, approved November 1, 1978 (92 Stat. 2392), amended the Communications Satellite Act of 1962 to provide for United States participation in the International Maritime Satellite Organization (INMARSAT) through the Communications Satellite Corporation (COMSAT), “a private entity operating for profit, and... not an agency or establishment of the Federal Government" (which is also the United States-designated entity under, and signatory to the operating agreement of, the International Telecommunications Satellite Organization (INTELSAT).

The International Maritime Satellite Telecommunications Act, constituting new title V of the Communications Satellite Act of 1962, 47 U.S.C. 751-757, sets out COMSAT's additional statutory authorities and responsibilities in section 503, designating it as the sole operating entity of the United States for participation in INMARSAT and authorizing it to participate in any other maritime satellite telecommunications system on an interim basis to serve the maritime commercial and safety needs of the United States, until INMARSAT should have begun its operations.

Section 503 authorizes COMSAT to own and operate satellite Earth terminal stations in the United States and to establish, own, and operate the United States share of the jointly owned international space segment (defined in section 508 (3) to mean "any satellite (or capacity on a satellite) maintained under the authority of INMARSAT, for the purpose of providing international maritime telecom

munications services, and the tracking, telemetry, command, control, monitoring, and related facilities and equipment required to support the operation of such satellite.") Section 503 requires COMSAT to connect its facilities with other domestic and international common carriers, as authorized by the Federal Communications Commission, and section 504 subjects it to Presidential supervision and instruction in its relationships and activities with foreign governments, international entities and INMARSAT. Sections 503 and 504 read:

DESIGNATED OPERATING ENTITY

Sec. 503. (a) (1) The Communications Satellite Corporation is hereby designated as the sole operating entity of the United States for participation in INMARSAT, for the purpose of providing international maritime satellite telecommunications services.

(2) The corporation also shall have authority to participate in any other maritime satellite telecommunications system on an interim basis to serve the maritime commercial and safety needs of the United States through an interim operating arrangement in accordance with subsection (b).

(3) The corporation may participate in and is hereby authorized to sign the operating agreement or other pertinent instruments of INMARSAT as the sole designated operating entity of the United States.

(b) (1) The corporation may participate in any maritime satellite telecommunications system under subsection (a) (2) only if—

(A) the corporation signs the operating agreement of INMARSAT before beginning such participation;

(B) such participation is in the nature of an interim operating arrangement remaining in effect only until INMARSAT begins its operations; and

(C) (i) in the case of participation which may be undertaken only pursuant to a treaty or executive agreeement, such treaty or executive agreement is in effect; or

(ii) in any case in which participation does not require any treaty or executive agreement, the President does not disapprove such participation during the period of 60 calendar days after the corporation notifies the President of such proposed participation. (2) If the corporation participates in an interim operating arrangement with a maritime satellite telecommunications system under this subsection, the provisions of this title relating to participation of the corporation in INMARSAT also shall apply to such interim participation.

(3) Any disapproval by the President under paragraph (1)(C) (ii) shall be published in the Federal Register as soon as practicable after the date of such disapproval.

(c) The corporation

(1) may own and operate satellite earth terminal stations in the United States;

(2) shall interconnect such stations, and the maritime satellite telecommunications provided by such stations, with the facilities

and services of United States domestic common carriers and international common carriers, other than any common carrier or other entity in which the corporation has any ownership interest, as authorized by the Commission;

(3) shall interconnect such stations and the maritime satellite telecommunications provided by such stations, with the facilities and services of private communications systems, unless the Commission finds that such interconnection will not serve the public interest; and

(4) may establish, own, and operate the United States share of the jointly owned international space segment and associated ancillary facilities.

(d) The corporation shall be responsible for fulfilling any financial obligation placed upon the corporation as a signatory to the operating agreement or other pertinent instruments, and any other financial obligation which may be placed upon the corporation as the result of a convention or other instrument establishing INMARSAT. The corporation shall be the sole United States representative in the managing body of INMARSAT.

(e) (1) Any person, including the Federal Government or any agency thereof, may be authorized, in accordance with paragraph (2) or paragraph (3), to be the sole owner or operator, or both, of any satellite earth terminal station if such station is used for the exclusive purposes of training personnel in the use of equipment associated with the operation and maintenance of such station, or in carrying out experimentation relating to maritime satellite telecommunications services.

(2) If the person referred to in paragraph (1) is the Federal Government or any agency thereof, such satellite earth terminal station shall have been authorized to operate by the executive department charged with such responsibility.

(3) In any other case, such satellite earth terminal station shall have been authorized by the Commission.

(f) The Commission may authorize ownership of satellite earth terminal stations by persons other than the corporation at any time the Commission determines that such additional ownership will enhance the provision of maritime satellite services in the public interest.

(g) The Commission shall determine the operational arrangements under which the corporation shall interconnect its satellite earth terminal station facilities and services with United States domestic common carriers and international common carriers, other than any common carrier, system, or other entity in which the corporation has any ownership interest, and private communications systems when authorized pursuant to subsection (c)(3) for the purpose of extending maritime satellite telecommunications services within the United States and in other areas. The initial determination of operational arrangements shall be made by the Commission no later than 6 months after the effective date of this title, and the Commission shall thereupon transmit to the Congress a report relating to such determination.

(h) Notwithstanding any provision of State law, the articles of incorporation of the corporation shall provide for the continued

ability of the board of directors of the corporation to transact business under such circumstances of national emergency as the President or his delegate may determine would not permit a prompt meeting of the number of directors otherwise required to transact business.

IMPLEMENTATION OF POLICY

Sec. 504. (a) The Secretary of Commerce shall—

(1) coordinate the activities of Federal agencies with responsibilities in the field of telecommunications (other than the Commission), so as to ensure that there is full and effective compliance with the provisions of this title;

(2) take all necessary steps to ensure the availability and appropriate utilization of the maritime satellite telecommunications services provided by INMARSAT for general governmental purposes, except in any case in which a separate telecommunications system is required to meet unique governmental needs or is otherwise required in the national interest;

(3) exercise his authority in a manner which seeks to obtain coordinated and efficient use of the electromagnetic spectrum and orbital space, and to ensure the technical compatibility of the space segment with existing communications facilities in the United States and in foreign countries; and

(4) take all necessary steps to determine the interests and needs of the ultimate users of the maritime satellite telecommunications system and to communicate the views of the Federal Government on utilization and user needs to INMARSAT.

(b) The President shall exercise such supervision over, and issue such instructions to, the corporation in connection with its relationships and activities with foreign governments, international entities, and INMARSAT as may be necessary to ensure that such relationships and activities are consistent with the national interest and foreign policy of the United States.

(c) The Commission shall

(1) institute such proceedings as may be necessary to carry out the provisions of section 503 of this title;

(2) make recommendations to the President for the purpose of assisting him in his issuance of instructions to the corporation; (3) grant such authorizations as may be necessary under title II and title III of the Communications Act of 1934 to enable the corporation

(A) to provide to the public, in accordance with section 503 (c) (2) of this title, space segment channels of communication obtained from INMARSAT; and

(B) to construct and operate such satellite earth terminal stations in the United States as may be necessary to provide sufficient access to the space segment;

(4) grant such other authorizations as may be necessary under title II and title III of the Communications Act of 1934 to carry out to the provisions of this title;

(5) establish procedures to provide for the continuing review of the telecommunications activities of the corporation as the United States signatory to the operating agreement or other pertinent instruments; and

(6) prescribe such rules as may be necessary to carry out the provisions of this title.

(d) The Commission is authorized to issue instructions to the corporation with respect to regulatory matters within the jurisdiction of the Commission. In the event an instruction of the Commission conflicts with an instruction of the President pursuant to subsection (b), the instructions issued by the President shall prevail.

Secs. 505 and 506 of the Act require the Federal Communications Commission to undertake studies, respectively, of the structure and activities of the Communications Satellite Corp. and of public maritime coast services, with particular emphasis on high seas services. Sec. 507 requires the President to conduct a study of all Government radio navigation systems, in conjunction with Government agencies which would or might be affected by development of a Government-wide radio navigation plan. Reports to the Congress are required on all three studies.

See, for an explanation of the background to, and of the necessity for, enactment of the legislation, the report of the Senate Committee on Commerce, Science, and Transportation, S. Rept. 95-1036, 95th Cong., 2d sess. (1978), pp. 2-13; [1978] U.S. Code Congressional and Administrative News, Vol. 5 (1979), pp. 5272–5284. The United States signed the Convention on the International Maritime Satellite Organization (INMARSAT), done Sept. 3, 1976, on Feb. 15, 1979. The Communications Satellite Corp., the U.S.-designated entity, signed the Operating Agreement, also done Sept. 3, 1976, on Jan. 15, 1979. TIAS 9605.

See further, the 1976 Digest, pp. 561-562.

The Agreement Relating to the International Telecommunications Satellite Organization (INTELSAT), with annexes, done Aug. 20, 1971, is at TIAS 7532; 23 UST 3813 (entered into force for the United States Feb. 12, 1973). The Operating Agreement Relating to the International Telecommunications Satellite Organization (INTELSAT), with annex, also done Aug. 20, 1971, is at TIAS 7532; 23 UST 4091 (entered into force for the Communications Satellite Corp. Feb. 12, 1973). The antecedent Agreement Establishing Interim Arrangements for a Global Communications Satellite System, signed Aug. 20, 1964, and the accompanying Special Agreement (the operating agreement), also signed Aug. 20, 1964, are at TIAS 5646; 15 UST 1705, 1745.

See further, Whiteman, Digest of International Law, Vol. 9 (1968), pp. 1015– 1029.

U.S.-U.S.S.R. "Hot Line”

On January 16, 1978, a new Washington-Moscow "hot line," using satellite communications, entered operational service. Officially named the Direct Communications Link (DCL), it consisted of two independent satellite systems intended to provide communications service of higher reliability than the then existing cable and the recently discontinued high frequency radio systems.

Like its predecessor system, the DCL was designed to exchange printed messages, rather than telephone calls, since the former have