International Telecommunications Act of 1982

(Reported to Senate from the Committee on Commerce, Science, and Transportation with amendment, S. Rept. 97-669)

International Telecommunications Act of 1982 - Title I: General - Amends the Communications Act of 1934 to create a new title dealing with international telecommunications. Declares that it is U.S. policy to rely upon marketplace competition and the private sector to provide international telecommunications services and to reduce and eliminate unnecessary regulations. Sets forth the U.S. policy to promote the deregulation of the resale or shared use of any international telecommunications service and to promote the interconnection of international telecommunications facilities based upon the cost of providing such facilities.

Directs the Federal Communications Commission (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.

Directs the FCC to publish a list of those international telecommunications services which are regulated by the FCC or the date of enactment of this title.

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.

Requires each international telecommunications service which is being provided under tariff on the date of enactment to continue to be provided under tariff for at least one year. Directs the FCC to determine which of such services must continue to be regulated. Directs the FCC to review biennially any determination that such a service must be regulated.

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 or Government telecommunications system; and (3) any customer premises equipment which is owned or leased by a customer of such carrier. Prohibits the charges for such interconnection from being imposed in a discriminatory manner. Requires such charges to be just and reasonable.

Requires that telecommunications carriers which provide both international telecommunications and domestic telecommunications must treat the two operations as separate entities for purposes of interconnection requirements. Requires such carriers which provide interconnection between their domestic and international operations to provide other carriers with interconnection of equal quality and at the same rates. Sets forth the maximum penalty for violations of the interconnection requirements.

Authorizes the FCC to vacate or modify any international telecommunications service contract between or among U.S. carriers which is entered into after enactment of this title and is filed with the FCC if the contract: (1) is not consistent with this Act; or (2) unjustly or unreasonably discriminates against any carrier. Authorizes the FCC to declare unlawful any international telecommunications service contract between U.S. and foreign carriers or any practice required by such a contract if the FCC finds that the contract or practice violates this Act.

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.

Declares that it is lawful for U.S. carriers to meet with foreign telecommunications carriers to plan international facilities. Does not exempt such carriers from the antitrust laws if an action taken by such carriers would be an antitrust violation when taken by a single carrier.

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, any fully separated affiliate, or any other persons 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, and 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 a 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.

Directs the President to establish a National Communications System to help carry out the provisions dealing with the protection and restoration of essential telecommunications.

Title II: International Telecommunications - International Telecommunications and Information Coordination Act of 1982 - 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.

Authorizes the Secretary of Commerce to collect information on the international economic competition facing U.S. carriers and telecommunications equipment suppliers and to report such information to Congress on a periodic basis.

Amends the Communication Satellite Act of 1962 to repeal the power of the FCC to authorize stock offerings of the Communications Satellite Corporation (COMSAT). Allows COMSAT to be incorporated in jurisdictions other than the District of Columbia. Abolishes the position of Presidentially appointed directors. Authorizes COMSAT to issue stock with or without par value. Limits the percentage of shares of COMSAT voting stock which may be owned by authorized communications carriers to 20 percent (currently 50 percent).

Authorizes any COMSAT stockholders of record to inspect and copy COMSAT's record of shareholders.

Authorizes the FCC to permit the persons who will best serve the public interest to construct and operate satellite terminal stations.

Directs the FCC to authorize users and entities other than authorized carriers to acquire channels in the communications satellite system directly from COMSAT whenever it will serve the public interest.

Establishes within the Department of State a Deputy Assistant Secretary of State for Telecommunications Affairs to help formulate and implement a policy regarding foreign economic matters in telecommunications.