Agreement Relating to the “INTELSAT”

Article X. (Board of Governors: Functions)

(a) The Board of Governors shall have the responsibility for the
design, development, construction, establishment, operation and
maintenance of the INTELSAT space segment and, pursuant to this
Agreement, the Operating Agreement and such determinations that in this
respect may have been made by the Assembly of Parties pursuant to Article
VII of this Agreement, for carrying out any other activities which are
undertaken by INTELSAT. To discharge the foregoing responsibilities, the
Board of Governors shall have the powers and shall exercise the functions
coming within its purview according to the provisions of this Agreement
and the Operating Agreement, including:

(i)Adoption of policies, plans and programs in connection with the
design, development, construction, establishment, operation and
maintenance of the INTELSAT space segment and, as appropriate,
in connection with any other activities which INTELSAT is
authorized to undertake;

(ii)Adoption of procurement procedures, regulations, terms and
conditions, consistent with Article XIII of this Agreement, and
approval of procurement contracts;

(iii)Adoption of financial policies and annual financial statements,
and approval of budgets;

(iv)Adoption of policies and procedures for the acquisition,
protection and distribution of rights in inventions and
technical information, consistent with Article 17 of the
Operating Agreement;

(v)Formulation of recommendations to the Meeting of Signatories in
relation to the establishment of the general rules referred to
in subparagraph (b) (v) of Article VIII of this Agreement;

(vi)Adoption of criteria and procedures, in accordance with such
general rules as may have been established by the Meeting of
Signatories, for approval of earth stations for access to the
INTELSAT space segment, for verification and monitoring of
performance characteristics of earth stations having access, and
for coordination of earth station access to and utilization of
the INTELSAT space segment;

(vii)Adoption of terms and conditions governing the allotment of
INTELSAT space segment capacity, in accordance with such general
rules as may have been established by the Meeting of
Signatories;

(viii)Periodic establishment of the rates of charge for utilization of
the INTELSAT space segment, in accordance with such general
rules as may have been established by the Meeting of
Signatories;

(ix)Action as may be appropriate, in accordance with the provisions
of Article 5 of the Operating Agreement, with respect to an
increase in the ceiling provided for in that Article;

(x)Direction of the negotiation with the Party in whose territory
the headquarters of INTELSAT is situated, and submission to the
Assembly of Parties for decision thereon, of the Headquarters
Agreement covering privileges, exemptions and immunities,
referred to in paragraph (c) of Article XV of this Agreement;

(xi)Approval of non-standard earth stations for access to the
INTELSAT space segment in accordance with the general rules
which may have been established by the Meeting of Signatories;

(xii)Establishment of terms and conditions for access to the INTELSAT
space segment by telecommunications entities which are not under
the jurisdiction of a Party, in accordance with the general
rules established by the Meeting of Signatories pursuant to
subparagraph (b) (v) of Article VIII of this Agreement and
consistent with the provisions of paragraph (d) of Article V of
this Agreement;

(xiii)Decisions on the making of arrangements for overdrafts and the
raising of loans in accordance with Article 10 of the Operating
Agreement;

(xiv)Submission to the Meeting of Signatories of an annual report on
the activities of INTELSAT and of annual financial statements;

(xv)Submission to the Meeting of Signatories of reports on future
programs including the estimated financial implications of such
programs;

(xvi)Submission to the Meeting of Signatories of reports and
recommendations on any other matter which the Board of Governors
deems appropriate for consideration by the Meeting of
Signatories;

(xvii)Provision of such information as may be required by any Party or
Signatory to enable that Party or Signatory to discharge its
obligations under this Agreement or the Operating Agreement;

(xviii)Appointment and removal from office of the Secretary General
pursuant to Article XII, and of the Director General pursuant to
Articles VII, XI and XII, of this Agreement;

(xix)Designation of a senior officer of the executive organ to serve
as Acting Secretary General pursuant to subparagraph (d) (i) of
Article XII and designation of a senior officer of the executive
organ to serve as Acting Director General pursuant to
subparagraph (d) (i) of Article XI of this Agreement;

(xx)Determination of the number, status and terms and conditions of
employment of all posts on the executive organ upon the
recommendation of the Secretary General or the Director General;

(xxi)Approval of the appointment by the Secretary General or the
Director General of senior officers reporting directly to him;

(xxii)Arrangement of contracts in accordance with subparagraph (c)
(ii) of Article XI of this Agreement;

(xxiii)Establishment of general internal rules, and adoption of
decisions in each instance, concerning notification to the
International Telecommunication Union in accordance with its
rules of procedure of the frequencies to be used for the
INTELSAT space segment;

(xxiv)Tendering to the Meeting of Signatories the advice referred to
in subparagraph (b) (ii) of Article III of this Agreement;

(xxv)Expression, pursuant to paragraph (c) of Article XIV of this
Agreement, of its findings in the form of recommendations, and
the tendering of advice to the Assembly of Parties, pursuant to
paragraph (d) or (e) of Article XIV of this Agreement, with
respect to the intended establishment, acquisition or
utilization of space segment facilities separate from the
INTELSAT space segment facilities;

(xxvi)Action in accordance with Article XVI of this Agreement and
Article 21 of the Operating Agreement in connection with the
withdrawal of a Signatory from INTELSAT; and

(xxvii)Expression of its views and recommendations on proposed
amendments to this Agreement pursuant to paragraph (b) of
Article XVII of this Agreement, the proposal of amendments to
the Operating Agreement pursuant to paragraph (a) of Article 22
of the Operating Agreement, and the expression of its views and
recommendations on proposed amendments to the Operating
Agreement pursuant to paragraph (b) of Article 22 of the
Operating Agreement.

(b) In accordance with the provisions of paragraphs (b) and (c) of
Article VI of this Agreement, the Board of Governors shall:

(i)Give due and proper consideration to resolutions,
recommendations and views addressed to it by the Assembly of
Parties or the Meeting of Signatories; and

(ii)Include in its reports to the Assembly of Parties and to the
Meeting of Signatories information on actions or decisions taken
with respect to such resolutions, recommendations and views, and
its reasons for such actions or decisions.

Author: international