Article
I
Definitions
For the purposes of this Agreement:
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a)
“Agreement” means the present agreement, including its Annex, and any amendments thereto, but excluding all titles of Articles, opened for signature by Governments at Washington on August 20, 1971, by which the international telecommunications satellite organization is established;
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b)
“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;
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c)
“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;
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d)
“Company” means the private entity or entities established under the law of one or more States to which the international telecommunications satellite organization’s space system is transferred and includes their successors-in-interest;
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e)
“On a Commercial Basis” means in accordance with usual and customary commercial practice in the telecommunications industry;
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f)
“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 Company’s 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;
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g)
“Interim Agreement” means the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System signed by Governments at Washington on August 20, 1964;
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h)
“Lifeline Connectivity Obligation” or “LCO” means the obligation assumed by the Company as set out in the LCO contract to provide continued telecommunications services to the LCO customer;
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i)
“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;
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j)
“Public Services Agreement” means the legally binding instrument through which ITSO ensures that the Company honors the Core Principles;
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k)
“Core Principles” means those principles set forth in Article III;
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l)
“Common Heritage” means those frequency assignments associated with orbital locations in the process of advanced publication, coordination or registered on behalf of the Parties with the International Telecommunication Union (“ITU”) in accordance with the provisions set forth in the ITU’s Radio Regulations which are transferred to a Party or Parties pursuant to Article XII;
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m)
“Global coverage” means the maximum geographic coverage of the earth towards the northernmost and southernmost parallels visible from satellites deployed in geostationary orbital locations;
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n)
“Global connectivity” means the interconnection capabilities available to the Company’s customers through the global coverage the Company provides in order to make communication possible within and between the five International Telecommunication Union regions defined by the plenipotentiary conference of the ITU, held in Montreux in 1965;
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o)
“Non-discriminatory access” means fair and equal opportunity to access the Company’s system;
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p)
“Party” means a State for which the Agreement has entered into force or has been provisionally applied;
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q)
“Property” includes every subject of whatever nature to which a right of ownership can attach, as well as contractual rights;
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r)
“LCO customers” means all customers qualifying for and entering into LCO contracts; and
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s)
“Administration” means any governmental department or agency responsible for compliance with the obligations derived from the Constitution of the International Telecommunication Union, the Convention of the International Telecommunication Union, and its Administrative Regulations.