Agreement Relating to the "INTELSAT"

Agreement Relating to the “INTELSAT”

Entered into force: 12 Feb 1973

Preamble

The States Parties to this Agreement,

Considering the principle set forth in Resolution 1721 (XVI) of the
General Assembly of the United Nations that communication by means of
satellites should be available to the nations of the world as soon as
practicable on a global and nondiscriminatory basis,

Considering the relevant provisions of the Treaty on Principles Governing
the Activities of States in the Exploration and Use of Outer Space,
Including the Moon and Other Celestial Bodies, and in particular Article
I, which states that outer space shall be used for the benefit and in the
interests of all countries,

Noting that pursuant to the Agreement Establishing Interim Arrangements
for a Global Commercial Communications Satellite System and the related
Special Agreement, a global commercial telecommunications satellite
system has been established,

Desiring to continue the development of this telecommunications satellite
system with the aim of achieving a single global commercial
telecommunications satellite system as part of an improved global
telecommunications network which will provide expanded telecommunications
services to all areas of the world and which will contribute to world
peace and understanding,

Determined, to this end, to provide, for the benefit of all mankind,
through the most advanced technology available, the most efficient and
economic facilities possible consistent with the best and most equitable
use of the radio frequency spectrum and of orbital space,

Believing that satellite telecommunications should be organized in such a
way as to permit all peoples to have access to the global satellite
system and those States members of the International Telecommunication
Union so wishing to invest in the system with consequent participation in
the design, development, construction, including the provision of
equipment, establishment, operation, maintenance and ownership of the
system,

Pursuant to the Agreement Establishing Interim Arrangements for a Global
Commercial Communications Satellite System,

Agree as follows:

Article I. (DEFINITIONS)

For the purposes of this Agreement:

(a) “Agreement”means the present agreement, including its Annexes
but excluding all titles of Articles, opened for signature by Governments
at Washington on August 20, 1971, by which the international
telecommunications satellite organization “INTELSAT”is established;

(b) “Operating Agreement”means the agreement, including its Annex
but excluding all titles of Articles, opened for signature at Washington
on August 20, 1971,’ by Governments or telecommunications entities
designated by Governments in accordance with the provisions of this
Agreement;

(c) “Interim Agreement”means the Agreement Establishing Interim
Arrangements for a Global Commercial Communications Satellite System
signed by Governments at Washington on August 20, 1964;

(d) “Special Agreement”means the agreement signed on August 20,
1964, by Governments or telecommunications entities designated by
Governments, pursuant to the provisions of the Interim Agreement;

(e) “Interim Communications Satellite Committee”means the Committee
established by Article IV of the Interim Agreement;

(f) “Party” means a State for which the Agreement has entered into
force or been provisionally applied;

(g) “Signatory” means a Party, or the telecommunications entity
designated by a Party, which has signed the Operating Agreement and for
which it has entered into force or been provisionally applied;

(h) “Space segment”means the telecommunications satellites, and the
tracking, telemetry, command, control, monitoring and related facilities
and equipment required to support the operation of these satellites;

(i) “INTELSAT space segment”means the space segment owned by
INTELSAT;

(j) “Telecommunications”means any transmission, emission or
reception of signs, signals, writing, images and sounds or intelligence
of any nature, by wire, radio, optical or other electromagnetic systems;

(k) “Public telecommunications services”means fixed or mobile
telecommunications services which can be provided by satellite and which
are available for use by the public, such as telephony, telegraphy,
telex, facsimile, data transmission, transmission of radio and television
programs between approved earth stations having access to the INTELSAT
space segment for further transmission to the public, and leased circuits
for any of these purposes; but excluding those mobile services of a type
not provided under the Interim Agreement and the Special Agreement prior
to the opening for signature of this Agreement, which are provided
through mobile stations operating directly to a satellite which is
designed, in whole or in part to provide services relating to the safety
or flight control of aircraft or to aviation or maritime radio
navigation;

(l) “Specialized telecommunications services”means
telecommunications services which can be provided by satellite, other
than those defined in paragraph (k) of this Article, including, but not
limited to, radio navigation services, broadcasting satellite services
for reception by the general public, space research services,
meteorological services, and earth resources services;

(m) “Property” includes every subject of whatever nature to which a
right of ownership can attach, as well as contractual rights; and

(n) “Design”and “development”include research directly related to
the purposes of INTELSAT.

Article II. (ESTABLISHMENT OF INTELSAT)

(a) With full regard for the principles set forth in the Preamble to
this Agreement, the Parties hereby establish the international
telecommunications satellite organization “INTELSAT”, the main purpose of
which is to continue and carry forward on a definitive basis the design,
development, construction, establishment, operation and maintenance of
the space segment of the global commercial telecommunications satellite
system as established under the provisions of the Interim Agreement and
the Special Agreement.

(b) Each State Party shall sign, or shall designate a telecom-
munications entity, public or private, to sign, the Operating Agreement
which shall be concluded in conformity with the provisions of this
Agreement and which shall be opened for signature at the same time as
this Agreement. Relations between any telecommunications entity, acting
as Signatory, and the Party which has designated it shall be governed by
applicable domestic law.

(c) Telecommunications administrations and entities may, subject to
applicable domestic law, negotiate and enter directly into appropriate
traffic agreements with respect to their use of channels of telecom-
munications provided pursuant to this Agreement and the Operating
Agreement, as well as services to be furnished to the public, facilities,
divisions of revenue and related business arrangements.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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