International Telecommunications Act of 1982

Summary

International Telecommunications Deregulation Act of 1982 - Title I: General - Amends the Communications Act of 1934 to set forth a new title of such Act to deal with international telecommunications. Directs the Federal Communications Commission (FCC) to enforce such title. States that the title applies to international telecommunications, all radio transmissions that originate or are received outside the United States, and all persons engaged in the United States in such international telecommunications or such radio transmissions. Sets forth the definitions of terms used in the new title. Directs the FCC to establish a plan to carry out the provisions of the international telecommunications title to foster marketplace competition and to implement deregulation within a specified time. Expresses the U.S. policy to rely on marketplace competition and on the private sector to provide international telecommunications services and to encourage the development of effective competition. Establishes a presumption that there are no basic technological, operational, or economic factors which would preclude the provision of international telecommunications service under competitive conditions. Directs the FCC to deregulate international telecommunications services or carriers as competition develops, unless the deregulation may result in a significant adverse impact upon the national defense and security or emergency preparedness or upon the competitiveness of U.S. businesses with foreign competitors. Grants the FCC authority over regulated international telecommunications services and over dominant carriers and their affiliates (other than fully separated affiliates) for specified purposes. Prohibits the FCC, consistent with the purposes of the new title, from preventing or limiting the use of any technology or improvement in international telecommunications services. Directs the Secretary of Commerce to report periodically to Congress on U.S. competitiveness with foreign telecommunications suppliers, foreign investment in the U.S. industry, and U.S. access to foreign markets. Directs the FCC to publish a list, within 30 days of enactment, of those services which are fully subject to regulation by the FCC. Authorizes the FCC to classify or reclassify as a regulated international telecommunications service any service or facilities where the FCC determines that: (1) such services or facilities are not subject to effective competition; (2) Federal regulation of such services is required to accomplish the purposes of the new title; and (3) the benefits of such regulation outweigh the costs. Sets forth the factors the FCC shall consider in making such determination. Directs the FCC to classify or reclassify as a dominant carrier any carrier which is dominant in the provision of regulated international telecommunications services in a substantial percentage of the relevant markets. Authorizes the FCC to classify as dominant any foreign telecommunications carrier or carrier owned by a foreign government. Authorizes the FCC to reclassify a dominant carrier as an unregulated carrier. Requires each international telecommunications service which is being provided on the date of enactment to continue to be provided under tariff, on an unbundled basis, for at least one year. Directs the FCC to determine within one year of enactment which of such international telecommunications services must continue to be regulated. Directs the FCC to review biennially any determination that such a service must be regulated. Prohibits the FCC, except as specifically provided, from regulating or prohibiting the resale or shared use of an international telecommunications service. Prohibits carriers from establishing or enforcing restrictions on the resale or other use of any regulated service provided by the carrier. Sets forth the authority of the FCC to prescribe requirements for carriers. Requires every telecommunications carrier to establish, upon reasonable request, interconnection of its regulated service with: (1) a telecommunications carrier; (2) a telecommunications facility or private telecommunications system; and (3) any customer premises equipment which is owned or leased by a customer of such carrier and which meets certain standards. Prohibits the charges for such interconnection from being imposed in a discriminatory or anticompetitive manner. Requires such charges to be based upon the costs of the regulated service or facilities. Grants the FCC authority to approve the rates charged for: (1) regulated international telecommunications services or facilities; and (2) interconnection with such services. Grants the FCC authority to prohibit discrimination by carriers in providing regulated international telecommunications services. Imposes a fine for violations of the section dealing with interconnection. Requires every carrier providing regulated international telecommunications service to furnish such service upon reasonable request. Directs such carriers, if the FCC orders them, to establish through routes and facilities and regulations for operating such through routes. Requires the tariffs for such service to be just, reasonable, and nondiscriminatory. Requires every carrier to file with the FCC and to make public its tariffs for regulated international telecommunications services. Prohibits carriers from providing such services unless the tariffs have been filed and published. Prohibits carriers from: (1) charging amounts different than those listed in the tariffs; (2) refunding any portion of the amount charged; or (3) extending any privileges or facilities or employing or enforcing any regulations or practices affecting such charges except as specified in the tariffs. Requires each carrier providing a regulated international telecommunications service to file a new or revised tariff for such service. Requires such tariffs to take effect on the date specified in the filing, unless the FCC specifies a later date. Sets forth the procedure for challenging such tariff. Requires all agreements related to any regulated international telecommunications service to be filed with the FCC. Authorizes the FCC to: (1) require such carriers to file other contracts; (2) exempt such carriers from filing agreements; and (3) vacate or modify an agreement related to regulated international telecommunications service. Authorizes the FCC to evaluate carrier property used to provide regulated international telecommunications service. Authorizes the FCC to require such a carrier to file: (1) an inventory with the FCC; and (2) a statement showing the original cost of such property. Directs the FCC to keep itself informed on changes in carrier property used to provide regulated international telecommunications services. Authorizes any person except a dominant carrier to: (1) undertake construction of new, or extension of existing, international transmission facilities; (2) acquire or operate any such facility or extension; or (3) engage in international telecommunications over such new facility or extension. Authorizes the FCC to require a dominant carrier to obtain a certificate of necessity from the FCC before undertaking such construction or extension. Authorizes the FCC to grant a long-term construction plan for a dominant carrier (in which case the dominant carrier would not need to receive a separate certificate for new construction or extension of international transmission facilities.) Authorizes the FCC to prohibit a carrier from discontinuing or reducing regulated international telecommunications service to a community unless it obtains a certificate of public convenience from the FCC. Requires the FCC to notify the Secretary of Defense, the Secretary of State (concerning service to foreign points), and the Secretary of Commerce whenever an application is made to construct new or extend existing international transmission facilities. Authorizes the FCC to issue a certificate for such construction or extension or place conditions on the issuance of such a certificate. Requires dominant carriers, upon order of the FCC, to file with the FCC a description of the operational protocols and technical interface requirements for connection with or use of any regulated international telecommunications services. Requires the dominant carriers to report regularly to the FCC on changes in the requirements and construction. Requires such report to be available to the public unless furnishing such information would be detrimental to national security, emergency preparedness, or the competitiveness of the U.S. telecommunications industry. Authorizes the FCC to prescribe procedures to assess U.S. carriers' proposals for the construction and utilization of international telecommunications facilities. Directs the FCC to consult with affected U.S. carriers and appropriate Federal agencies to develop planning guidelines. Authorizes the FCC or any of the FCC Commissioners to meet under specified conditions, to exchange information with representatives of foreign telecommunications entities responsible for facilities planning in their home countries. Authorizes the FCC to require annual reports from all carriers providing services subject to this new title and from persons controlling or controlled by such carriers. Sets forth the contents and filing requirements for such reports. Authorizes the FCC to prescribe the forms of accounts, records, and memorandums to be kept by carriers which provide regulated international telecommunications services subject to the new title. Directs the FCC to establish: (1) the classes of property used by any carrier to provide the regulated international telecommunications services which are subject to the regulatory authority of the FCC under the new title; and (2) the methods by which investments in such classes of property may be recovered. Grants the FCC the right to inspect all accounts, records, and memoranda kept by such carriers. Sets forth fines for failure to keep or failure to provide the FCC with accurate records. Defines a fully separated affiliate of a dominant carrier. Sets forth the restrictions on business transactions between a fully separated affiliate and a dominant carrier or an affiliate of a dominant carrier. Authorizes fines for violations for such restrictions. Provides for the transition from an affiliate of a dominant carrier to fully separate affiliate. Requires a dominant carrier to submit a plan to demonstrate that the dominant carrier and any affiliate have an accounting system which ensures a complete separation between the provision of regulated and unregulated services. Authorizes the President to require appropriate Federal agencies and any telecommunications carrier subject to the provisions of the new title to develop emergency backup arrangements to ensure the continuity of essential telecommunications. Authorizes the President to require carriers subject to the provisions of the new title or any fully separated affiliate to furnish international telecommunications services facilities or customer premises equipment to any Federal agency if the services, facilities or equipment are necessary for the national defense, security, or emergency preparedness and: (1) there is a war, a threat of war, or a national emergency; or (2) there is an immediate need for such services, facilities, or equipment which cannot be met otherwise. Directs the President to coordinate any Government program for enhancing the survivability of such facilities. Directs the Chairman of the FCC to designate one of the FCC Commissioners to serve as the National Security Emergency Preparedness Commissioner. Directs the President to appoint an advisory council to: (1) examine the needs of Federal telecommunications management for national security and emergency preparedness under deregulation; and (2) ensure that the United States shall have a technologically advanced and economically viable telecommunications industry. Prohibits the FCC or any State from regulating customer premises equipment used for international telecommunications services except as provided in the new title. Authorizes the FCC to establish and enforce certain technical standards, labeling requirements, and certification requirements applicable to customer premises equipment. Authorizes the FCC to conduct inquiries and establish policies applicable to the entry of foreign carriers or persons supplying telecommunications, information services, or facilities into domestic U.S. telecommunications markets upon terms comparable to the terms under which U.S. persons are permitted entry into: (1) the foreign nation in which the operations of such foreign persons are based; and (2) the foreign nation under the laws of which such foreign telecommunications or information services or facilities are established. Directs the FCC to consult with the International Task Force on Telecommunications and Information before exercising any of its powers concerning market access. Title II: International Telecommunications - International Telecommunications and Information Coordination Act of 1981 - Establishes for three years an International Telecommunications and Information Task Force (Task Force) to be the principal coordinating body for the development of U.S. telecommunications and information policies. Authorizes the President to extend the existence of the Task Force for another three years. Directs the Task Force to: (1) coordinate policies of all Federal agencies involving international telecommunications and information; (2) review all significant policy determinations and statements of Federal agencies relating to international telecommunications and information (except for the rulemaking and adjudicating provisions of the Administrative Procedure Act); (3) conduct a study of the long range telecommunications and information goals of the United States, policies necessary to promote those goals, and strategies to ensure that the United States achieves them; and (4) review the procedures used by the United States to develop telecommunications and information policy. Directs the Task Force to make recommendations to appropriate Federal agencies, congressional committees, and the President in accordance with the findings of the review. Requires the Task Force to make recommendations and reports regularly to the President and Congress. Transfers the functions of the Departments of State and Commerce and the International Communication Agency relating to international telecommunications and information to the Task Force. Authorizes the Task Force to utilize the services, personnel, and facilities of other Federal agencies and to accept voluntary uncompensated services to carry out its functions under this Act. Directs the Secretary of Commerce and the Secretary of State to designate personnel to serve as staff to the Task Force. Directs the Task Force to establish an Advisory Committee on International Telecommunications and Information to provide overall policy guidance to the Task Force. Requires the Task Force to consult with the Committee before approving any statement of new U.S. policy relating to international telecommunications and information. Requires the Task Force to adopt procedures for consulting with the Committee on a continuing and timely basis. Title III: Miscellaneous - States that the provisions of this Act shall apply only to the provision of international telecommunications services or facilities. Requires the Department of Commerce to analyze the effect of any significant rule or order of the FCC on international competition and the viability of the U.S. telecommunications industry. Amends the Communications Satellite Act of 1962 to delete specified limitations on the Communications Satellite Corporation. Establishes within the Department of State a Deputy Assistant Secretary of State for Transportation and Telecommunications Affairs. Directs the Secretary of State, when selecting delegates to conferences involving international telecommunications, to select representatives of affected Federal agencies and representatives from the private sector. Exempts representatives from the private sector from certain conflicts of interest provisions of the Criminal Code. Requires all such representatives to maintain financial disclosure statements with the Department of State.

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2 official files

• Reported to Senate with amendment(s)

  summary · EN · 30 November 1982

  Open at official source

• Introduced in Senate

  summary · EN · 3 May 1982

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