Agreement Relating to the “INTELSAT”

Article III (Scope of INTELSAT Activities)

(a) In continuing and carrying forward on a definitive basis
activities concerning the space segment of the global commercial
telecommunications satellite system referred to in paragraph (a) of
Article II of this Agreement, INTELSAT shall have as its prime objective
the provision, on a commercial basis, of the space segment required for
international public telecommunications services of high quality and
reliability to be available on a non-discriminatory basis to all areas of
the world.

(b) The following shall be considered on the same basis as
international public telecommunications services:

(i)Domestic public telecommunications services between areas separated
by areas not under the jurisdiction of the State concerned, or
between areas separated by the High Seas ; and

(ii)Domestic public telecommunications services between areas which are
not linked by any terrestrial wideband facilities and which are
separated by natural barriers of such an exceptional nature that
they impede the viable establishment of terrestrial wideband
facilities between such areas, provided that the Meeting of
Signatories, having regard to advice tendered by the Board of
Governors, has given the appropriate approval in advance.

(c) The INTELSAT space segment established to meet the prime
objective shall also be made available for other domestic public
telecommunications services on a non-discriminatory basis to the extent
that the ability of INTELSAT to achieve its prime objective is not
impaired.

(d) The INTELSAT space segment may also, on request and under
appropriate terms and conditions, be utilized for the purpose of
specialized telecommunications services, either international or
domestic, other than for military purposes, provided that:

(i)The provision of public telecommunications services is not
unfavorably affected thereby; and

(ii)The arrangements are otherwise acceptable from a technical and
economic point of view.

(e) INTELSAT may, on request and under appropriate terms and
conditions, provide satellites or associated facilities separate from the
INTELSAT space segment for:

(i)Domestic public telecommunications services in territories under
the jurisdiction of one or more Parties;

(ii)International public telecommunications services between or among
territories under the jurisdiction of two or more Parties;

(iii)Specialized telecommunications services, other than for military
purposes; provided that the efficient and economic operation of the
INTELSAT space segment is not unfavorably affected in any way.

(f) The utilization of the INTELSAT space segment for specialized
telecommunications services pursuant to paragraph (d) of this Article,
and the provision of satellites or associated facilities separate from
the INTELSAT space segment pursuant to paragraph (e) of this Article,
shall be covered by contracts entered into between INTELSAT and the
applicants concerned. The utilization of INTELSAT space segment
facilities for specialized telecommunications services pursuant to
paragraph (d) of this Article, and the provision of satellites or
associated facilities separate from the INTELSAT space segment for
specialized telecommunications services pursuant to subparagraph (e)
(iii) of this Article, shall be in accordance with appropriate
authorizations, at the planning stage, of the Assembly of Parties
pursuant to subparagraph (c) (iv) of Article VII of this Agreement. Where
the utilization of INTELSAT space segment facilities for specialized
telecommunications services would involve additional costs which result
from required modifications to existing or planned INTELSAT space segment
facilities, or where the provision of satellites or associated facilities
separate from the INTELSAT space segment is sought for specialized
telecommunications services as provided for in subparagraph (e) (iii) of
this Article, authorization pursuant to subparagraph (c) (iv) of Article
VII of this Agreement shall be sought from the Assembly of Parties as
soon as the Board of Governors is in a position to advise the Assembly of
Parties in detail regarding the estimated cost of the proposal, the
benefits to be derived, the technical or other problems involved and the
probable effects on present or foreseeable INTELSAT services. Such
authorization shall be obtained before the procurement process for the
facility or facilities involved is initiated. Before making such
authorizations, the Assembly of Parties, in appropriate cases, shall
consult or ensure that there has been consultation by INTELSAT with
Specialized Agencies of the United Nations directly concerned with the
provision of the specialized telecommunications services in question.

Author: international

Mentioned in these Entries

High Seas.