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JOURNAL OF SPACE LAW VOLUME 13, NUMBER 2 1985 JOURNAL OF SPACE LAW VOLUME 13 1985 NUMBER 2 EDITORIAL BOARD AND ADVISORS HAROLD BERGER EDWARD R. FINCH, JR. Philadelphia, Pennsylvania New York, N.Y. KARL-HEINZ BOCKSTIEGEL ElLENE GALLOWAY Cologne,Germany Washington,D.C. MICHEL G. BOURELY D. GOEDHUIS Paris, France London, England ALDO ARMANDO COCCA NANDASIRI JASENTULIYANA Buenes Aires, Argentina New York, N.Y. PAUL G. DEMBLING MYRES S. McDOUGAL Washington, D.C. New Haven, Connecticut I.H. PH. DIEDERIKS-VERSCHOOR V.S. VERESHCHETIN Baarn, Holland Moscow, U.S.S.R. ERNST FASAN ISODORO ZANOTI Neunkirchen, Austria Washington,D.C. STEPHEN GOROVE, Chairman University, Mississippi All correspondence with reference to this publication should be directed to the Journal of Space Law, University of Mississippi Law Center, University, Mis­ sissippi 38677. Journal of Space Law. The subscription rate for 1986 is $44.00 domestic and $49.00 foreign for two issues. Single issues may be ordered at $25.00 per issue. Copyright Journal of Space Law 1986. Suggested abbreviation: J. Space L. JOURNAL OF SPACE LAW A Journal devoted to the legal problems arising out of man's activities in outer space VOLUME 13 1985 NUMBER 2 STUDENT EDITORIAL ASSISTANTS AND STAFF Louis M. Alexander Curt Presley David Calder Robert O'Dell John Stuart Campbell Susan Rushing Khnberly A. Cullom Mary Skelton Victoria A. Doucet John T. Sparks Laurie Hamilton Dan Starkey Monty Hardy Cecil G. Woods Mitch McCranie David Wynne FACULTY ADVISOR STEPHEN GOROVE All correspondence with reference to this publication should be directed to the Journal of Space Law, University of Mississippi Law Center, University, Mis­ sissippi 38677. Journal of Space Law. The subscription rate for 1986 is $44.00 domestic and $49.00 foreign for two issues. Single issues may be ordered at $25.00 per issue. Copyright © Journal of Space Law 1986. Suggested abbreviation: J. Space L. JOURNAL OF SPACE LAW A Journal devoted to the legal problems arising out of man's activities in outer space VOLUME 13 1985 NUMBER 2 CONTENTS ARTICLES Richard R. Colino, A Chronicle of Policy and Procedure: The Formulation of the Reagan Administration Policy on International Satellite Telecommunications . 103 Carl Q. Christol, An Assessment of Present US-USSR Arms Control and Disarmament Negotiations . ....................... ' 157 SPECIAL FEATURES Events of Interest. .. .. 169 A. Past Events .............................................. 169 (a) Reports 1. The European Space Agency: Example of a Successful Regional Cooperation (w. Brado) . 169 2. Work Accomplished by the First Session of the World Administrative Radio Conference on the Use of the Geostationary,Satellite Orbit and the Planning of the Space Services Utilizing it [WARC-ORB (1)], Geneva, Switzerland, Aug. 8- Sept. 10, 1985 (A. Noll) ................................ 174 3. Review of United Nations Work in the Field of Outer Space in 1985 (Nandasiri Jasentuliyana) ................ 179 4. Report on Communications Satellite Corporation v. Franchise Tax Board (Alfred Paul Paladino and Scott F. March) ...... : ............................ 185 5. The 28th Colloquium on the Law of Outer Space, Stockholm, Oct. 7-12, 1985 (I.H.Ph. Diederiks-Verschoor) ................................... 190 6. Roundtable on Legal and Technical Implications of Space Stations, IAF Congress, Stockholm, Oct. 8, 1985 (Vladimir Kopal) . .......................... 194 (b) Short Accounts 7. Symposium on an "Arms Race in Outer Space: Could Treaties Prevent It?", McGill University, Oct. 30- Nov. 1, 1985 (A. J. Young) ............................. 199 8. Other Events . .. .. .. .. .. .. .. .. ... 202 9. Brief News. .. 202 B. Forthcoming Events. .. 203 Book Reviews/Notices ............................ .. 204 G.I. Tunkin, Mezhdunarodnoe pravo (International Law) (Kopal) ............................................. 204 E.R. Finch and A.L. Moore, Astrobusiness: A Guide to Commerce and Law of Outer Space (Gorove) .............. 208 Marietta J;lenko, Willem Graaff, Gijsbertha C.M. Reijnen, Space Law in the United Nations . ......................... 209 Luigi Napolitano (ed.), Space 2000, Selection of Papers Presented at the 33rd Congress of the International Astronautical Federation. .. 209 Christopher P. McKay (ed.), The Case For Mars II (American Astronautical Society). .. 210 John Turner & SIPRI (Stockholm International Peace Research Institute), Arms In The 80's . ...................... 211 Frederick Matos (ed.), Spectrum Management and Engineering. .. 211 Books Received 211 Recent Publications 213 Books .................................................... 213 Articles. .. .. .. .. .. .. .. .. .. 213 Reports. .. .. .. .. ... 218 Book Reviews/Notices ............... .' . .. 219 Official Publications ....................................... 219 Miscellaneous . .. .. .. .. .. .. .. .. .. 222 Current Document ........................................... 223 Resolution Adopted by the Third Meeting of Ministers of Transport, Communications and Public Works Signatories of the Cartagena Agreement . .. 223 Index ....................................................... 225 A CHRONICLE OF POLICY AND PROCEDURE: THE FORMULATION OF THE REAGAN ADMINISTRATION POLICY ON INTERNATIONAL SATELLITE TELECOMMUNICATIONS Richard R. Colina· Introduction On August 31, 1962, President John F. Kennedy signed into law the Com­ munications Satellite Act of 1962' (Satellite Act). This unique piece of legisla­ tion which had widespread bipartisan support in the United States Congress and was opposed by a handful of liberal Senators' contained provisions of far reaching consequence in a number of respects, including statements of tele­ communications and foreign policy. It created the Communications Satellite Corporation (COMSAT), required the National Aeronautics and Space Admin­ istration (NASA) to launch satellites for civilian commercial purposes, and was the first step in the establishment of INTELSAT, the International Telecom­ munications Satellite Organization. The Satellite Act stated:' (a) ...it is the policy of the United States to estsblish, in con­ junction and in cooperation with other countries, as expeditiously as practicable a commercial communications satellite system, as part of an improved global communications network, which will be responsive to public needs and national objectives, which will serve the communi­ cation needs of the United Ststes and other countries, and which will • B.A. Amherst College, J.D. Columbia University. Member of the New York and District of Columbia Bars. Mr. Colina has been Director General and Chief Executive Officer of INTELSAT since December 31, 1983. He wishes to express his appreciation to his colleagues at INTELSAT for their assistance in the preparation of this article; however, he alone is responsible for the views expressed in this article. 'Communications Satellite Act, Pub. L. No. 87-624, 76 Stat. 419 (1962), 47 USC §701 et seq. [hereinafter referred to as the "Satellite Act"]. 'See Glassie, Note: Analysis of the Legal Authority for Establishment of Private International Communications Satellite Systems, 18 GEO. WASH. J. INT'L L. & EeON. 355, 361-368 (1984) The legislation was "filibustered" by Senator Kefauver and several other Democratic senators, embroiling the Senate in one of its most bitter debates re­ suiting in the first cloture vote passed by the Senate since 1927. Id. at 364. See also Note. The Communications Satellite Act of 1962,76 HARv. L. REv. 388, 389 (1962). The final passage of the Satellite Act was by 354 to 9 in the House and by 66 to 11 in the Senate. See CONGo REC., August 27, 1962, at 16605; May 3, 1962 at 7133; and August 17,1962, at 15874. See also Colina, INTELSAT: Doing Business in Outer Space, 6 COLUM. J. INT'L L. 31, 32 (1967) 'Satellite Act, Sec. 102(a) and (b), 47 USC §§701(a) and (b). 103 104 JOURNAL OF SPACE LA W Vol. 13, No.2 contribute to world peace and understanding. (b) The new and expanded telecommunication services are to be made available as promptly as possible and are to be extended to pro· vide global coverage at the earliest practicable date. In effectuating this program, care and attention will be directed toward providing such services to economically less developed countries and areas as well as those more highly developed, toward efficient and economical use of the electromagnetic frequency spectrum, and toward the reflec­ tion of tbe benefits of this new technology in both quality of services and charges for such services. From these origins, INTELSAT was established in 19644 as a "single global commercial communications satellite system'" to provide expanded telecommunications services to all areas of the world, ...contribute to world peace and understanding... [and] pro· vide, through the most advanced technology available, for the benefit of all nations of the world, the most efficient and economical service possible consistent with the best and most equitable use of the radio spectrum... u.s. policy in 1962 contemplated that the United States and other coun­ tries could and would establish and operate domestic satellite systems" and foresaw the establishment· of other international systems when it stated: " ...(it is not the intent of Congress) to preclude the creation of additional communications satellite systems, if required to meet unique governmental needs or if otherwise required in the national interest."" At the time of the creation of INTELSAT in 1964, and the negotiation of and entry into force of the INTELSAT definitive
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