The SunSat corporation act
By Darel Preble, President, Space Solar Power Institute
Presented originally and in greater length at the ASCE 2002 Space and Robotics
conference, Albuquerque, NM March 2002
Abstract— Strategic energy alternatives have assumed new importance in light
of growing energy demand, supply stress and environmental stress. The established
energy and aerospace corporations and agencies are not chartered or equipped,
financially, legally, and/or conceptually capable of pursuing the high risk
development necessary to build a Space Solar Power System (SSPS). The best,
and perhaps only, means to pursue the great promise which SSP holds for America
and the world is the formation of a congressionally chartered private corporation
analogous to the extremely successful COMmunications SATellite (COMSAT) Act
of 1962. Just as COMSAT, with it’s sibling, INTELSAT, another congressionally
chartered corporation, opened space to a hundred varieties of communication
satellites, so the SunSat corporation is able to open space to SSP.
Whereas COMSAT was chartered to build commercial communications, SunSat will
be chartered to build commercial SSP satellites to collect and transmit energy
to electric power grids on earth. The record for COMSAT shows that 39 years
after COMSAT’s charter, the top 53 Space companies achieved $56 Billion in
direct year 2000 space derived revenue (Space News, 7/30/01), due to the
visionary developmental work Congress initiated through COMSAT and IntelSAT’s
corporate leadership. Trends in Space Commerce (an Office of Space
Commercialization report, 2001, pp1-3) projects 2002 space communications
industry revenues at $105 billion including launch, GPS, remote sensing,
etc.,
In 1999 the U.S. imported 54 percent of our oil — about 10.5 million
barrels per day. The Dept. of Energy estimates imports will increase to 75
percent by 2010. About 27 percent of imported oil now comes from Persian
Gulf countries, which hold two-thirds of the World's known oil reserves.
While the world has certainly not run out of oil, the world is running out
of “cheap” oil, which means almost the same thing – greatly increasing reliance
on low cost Persian Gulf area producers.
Even were oil supplies to last forever, unrestricted growth in fossil fuel
burning (coal, oil and gas) has become a great concern. Global carbon
dioxide(CO2) levels in the atmosphere from fossil fuel burning have been increasing
since the Industrial Revolution . And the rate of increase is increasing.
The ocean and other CO2 removal processes, such as green plants, are declining
in efficiency even as our global CO2 production increases. As these
levels escalate, environmental stress increases.
Congress should reduce or remove our growing dependence on imported - especially
Persian Gulf oil - and reduce CO2 emissions from burning petroleum products.
The only clean technologically feasible path to fully accomplish this is
with the charter of a private corporation focussed on the commercial construction
and operation of the only clean baseload strategic energy candidate available
– a Space Solar Power System. That is the purpose of the SunSat Corporation
act.
Congress’s and SunSat’s first goal should be the promotion, development
and subsidy of low cost, private, commercial, reusable, space transportation
systems. This is the first key to a successful commercial SSPS. Outside
NASA there is near unanimity that NASA should not be in the space transportation
business. Hu Davis’s studies with the Space Solar Power Workshop projected
a market price of $97/lb to LEO IF a 300,000 Mw SSPS (for example) were under
full construction. Many aerospace companies stand ready to provide space
transport to such a company at these prices, given adequate notice and guarantees.
The decision to build a SSPS is political, not technical. Therefore
we have composed this draft legislation.
Draft Power Satellite
Corporation Draft
Sec. 1 Subchapter I - General Provisions
(a) Policy
The Congress declares that it is the policy of
the United States to establish, in conjunction and in cooperation with other
countries, as expeditiously as practicable a commercial space solar power
satellite system, as part of environmentally enhanced and improved global
electric power generation and networks, which will be responsive to public
needs and national objectives, which will serve the growing electric power
needs of the United States and other countries, and which will contribute
to world peace, understanding, harmony and increased sustainable electric
power development.
(b) Availability of electric power services
These expanded electric power services are to be
made available as promptly as possible and are to be extended to provide electric
power services to additional power grids at the earliest practicable date.
In effectuating this program, care and attention will be directed toward providing
such services to both economically less developed countries and areas and
those more highly developed; toward efficient, prudent and economical use
of the electromagnetic frequency spectrum, and toward the reflection of the
benefits of this new technology in quality, reliability, and charges for
such services.
(c) Private enterprise; access; competition
To facilitate the widest possible participation
by private enterprise, United States participation in the global system shall
be in the form of a private corporation, subject to appropriate governmental
regulation. It is the intent of Congress that all authorized electric power
companies shall have nondiscriminatory access to the system; that maximum
competition be maintained in the provision of equipment and services utilized
by the system; that the private corporation created under this chapter be
so organized and operated as to maintain and strengthen competition in the
provision of baseload or throttled electric power services to national, international,
public and private power grids; and that the activities of the corporation
created under this chapter and of the persons or companies participating in
the ownership of the corporation shall be consistent with the Federal antitrust
and other trade laws.
(d) Domestic use; additional systems
It is not the intent of Congress by this chapter
to preclude the use of power satellite systems for domestic or international
energy companies or electric power companies where consistent with the provisions
of this chapter nor to preclude the creation of additional or competing power
satellite systems, if required to meet unique needs or if otherwise required
in the national interest.
(e) Low-cost commercial reusable space transportation
systems
It is the intent of Congress by this chapter to
provide further directed support to the establishment of this power satellite
corporation such that low cost commercial reusable space transportation systems
are made available in concert with the need for high volumes of freight which
are essential to and characteristic of the advent of full scale construction
of power satellite systems. This support may take the form of launch subsidies,
transportation systems developmental assistance, tax relief, insurance, and
developmental bond relief, separately or in combination.
(f) Demonstration Power Satellites
It is the intent of Congress by this chapter to
direct and support the design, development, construction and operation of
a demonstration power satellite as rapidly as possible. The overall management
of this work will be assumed by the power satellite corporation to be formed
by this Act. This support may take the form of launch subsidies, transportation
systems developmental assistance, tax relief, insurance, and developmental
bond relief, separately or in combination. The principle purpose of this first
power satellite is to improve the understanding and practice of engineering
and technology essential to building efficient and reliable power satellites
and related systems, including receiving antennas. Ownership and operation
of two such completed demonstration power satellites shall be with the power
satellite corporation, although the rectenna shall be owned by the client
electric power company receiving the power satellite feed. The debt incurred
by the power satellite corporation for the development, design, and construction
of two demonstration power satellites shall be ten percentum of the total
construction cost of the power satellites. This debenture shall be repaid
to the Congress over thirty years at a rate of 3% interest. A developmental
launch cost subsidy shall be provided for ten years in the amount of one half
of that portion of launch costs including insurance which exceeds $100./lb
to Low Earth Orbit (LEO). Income from the sale of electric power by the power
satellite corporation shall be shielded from tax for a period of ten years
from the first sale of electric power.
(g) Business Focus
The power satellite corporation shall not be engaged
in the development, construction, or marketing of space transportation systems
or photovoltaic (PV) conversion cells or systems, except as directly required
in support of corporations engaged in those businesses providing for the power
satellite corporation’s needs. Space transportation and PV systems shall
be purchased on the open market.
(h) Reporting
The power satellite corporation shall provide full
reports on its work to Congress as well as advisories concerning related topics
of interest to Congress at six month intervals. The cost of preparing these
reports shall be considered part of the developmental design and construction
costs of the demonstration power satellites.
Sec. 2. Definitions
As used in this chapter, and unless the context otherwise requires -
(1) the term “power satellite system'' refers to
a system of satellites in Geo-Synchronous Orbit(GSO) or other useful orbit,
whose purpose is to collect energy from the Sun and convert it to a wireless
power transfer medium for the purpose of safely transferring that energy to
receiving antennas on earth, together with such associated equipment and facilities
for tracking, guidance, control, and command functions as are not part of
the generalized launching, tracking, control, and command facilities for
all space purposes;
(2) the term ''satellite terminal station'' refers
to a complex of communication equipment located on the earth's surface, operationally
connected with one or more terrestrial communication systems, and capable
of transmitting telecommunications to or receiving telecommunications from
a power satellite system.
(3) the term “power satellite'' means an earth
satellite which is intentionally used for the purpose of collecting energy
from the Sun and converting it to a wireless power transfer medium for the
purpose of safely transferring that energy to receiving antennas on earth;
(4) the term ''associated equipment and facilities''
refers to facilities other than satellite terminal stations and power satellites,
to be constructed and operated for the primary purpose of a power satellite
system, whether for administration and management, for research and development,
or for direct support of space operations;
(5) the term “research and development” refers
to the conception, design, and first creation of experimental or prototype
operational devices for the operation of a power satellite system, including
the assembly of separate components into a working whole, as distinguished
from the term “production”, which relates to the construction of such devices
to fixed specifications compatible with repetitive duplication for operational
applications; and
(6) the term “wireless power transfer'' means any
transmission, emission or reception of electromagnetic energy by radio, optical,
or other electromagnetic systems for the purpose of providing electrical energy
to an electric power company.
(7) the term ''electric power company'' refers
to any corporation governed by the Federal Energy Regulatory Commission under
the Energy Act of 1964, as amended, or comparable Acts in other countries
who are engaged in the reception, transmission, marketing and/or distribution
of electrical power to its customers;
(8) the term ''corporation'' means the corporation
authorized by subchapter III of this chapter.
(9) the term ''Administration'' means the National
Aeronautics and Space Administration; and
…..(10) the term “energy company” includes any corporations engaged in the
development, production, marketing, or sale of coal, oil, gas, or nuclear
materials from natural resources; or electric power generation from these
sources.
Subchapter II - Federal Coordination, Planning, and Regulation
Sec. 3. Implementation of policy
In order to achieve the objectives and to carry out the purposes of this
chapter -
(a) Executive functions; execution of national program; review;
agency coordination; supervision of foreign relationships; foreign participation;
use for general governmental purposes; separate systems; compatibility
with domestic and foreign facilities the President shall -
(1) aid in the planning and development and
foster the execution of a national program for the establishment and
operation of global and lunar commercial power satellite systems;
(2) provide for continuous review of all
phases of the development and operation of such systems, including the activities
of a power satellite corporation authorized under subchapter III of this chapter;
(3) coordinate the activities of governmental
agencies with responsibilities in the field of electric power generation and
transmission, so as to insure that there is full and effective compliance
at all times with the policies set forth in this chapter;
(4) exercise such supervision over relationships
of the corporation with foreign governments or entities or with international
bodies as may be appropriate to assure that such relationships shall be consistent
with the national interest and foreign policy of the United States;
(5) insure that timely arrangements are made
under which there can be foreign participation in the establishment and use
of power satellite systems;
(6) create a Power Satellite Commission to
provide necessary governmental coordination, as required in the national interest;
It shall meet quarterly or as required; it shall be composed of these members
to be named by:
(a) the power satellite corporation
(b) Federal Energy Regulatory Commission
(c) Federal Communications Commission
(d) Department of State
(e) Department of Commerce
(f) Department of Energy
(g) The Congress
(h) Space Transportation Association
(i) The Chairman of the Power Satellite Commission shall be named by the
power satellite corporation.
(7) so exercise his authority as to help
attain coordinated and efficient use of the electromagnetic spectrum and
the technical compatibility of the system with existing electric power companies
both in the United States and abroad.
(b) Administration functions; technical advice to Commission;
cooperation in research and development and technical consultation with corporation;
assistance and launching, associated services and other services to corporation
on reimbursable basis the National Aeronautics and Space Administration shall
-
(1) advise the Commission on technical characteristics
of the power satellite system;
(2) cooperate with the corporation in research
and development to the extent deemed appropriate by the Commission in the
public interest;
(3) assist the corporation in the conduct
of its research and development program by furnishing to the corporation,
when requested, on a reimbursable basis, such services as the Administration
deems necessary for the most expeditious and economical development of the
power satellite system;
(4) consult with the corporation regarding
technical characteristics of the power satellite system;
(5) furnish to the corporation, on request
and on a reimbursable basis, associated services required for the establishment,
operation, and maintenance of the communications satellite system approved
by the Commission;
(c) Commission functions; competitive bidding;
consultation with Small Business Administration; discrimination; just and
reasonable charges, classifications, practices, regulations and other terms
and conditions; allocation of facilities; establishment of power to particular
foreign point; technical compatibility of system and stations; accounting;
rates; technical approval; construction and operation authorizations; financing
of corporation; additions; rules and regulations of the Federal Energy Regulatory
Commission, in its administration of the provisions of the Public Utility
Regulatory Policy Act of 1978, as amended (http://www.ferc.fed.us/intro/acts/purpa.htm
), and as supplemented by this chapter, shall -
(1) insure effective competition,
including the use of competitive bidding where appropriate,
in the procurement by the corporation and associated entitites of apparatus,
equipment, and services required for the establishment and operation of the
power satellite system and satellite terminal stations; and the Commission
shall consult with the Small Business Administration and solicit its recommendations
on measures and procedures which will insure that small business concerns
are given an equitable opportunity to share in the procurement program of
the corporation for property and services, including but not limited to research,
development, construction, maintenance, and repair.
(2) insure that all present and
future authorized electric power transmission, distribution and generation
corporations shall have nondiscriminatory use of, and equitable access to,
the power satellite system and rectenna stations under just and reasonable
charges, classifications, practices, regulations, and other terms and conditions
and regulate the manner in which available facilities of the system and stations
are allocated among such users thereof;
(3) in any case where a member
of the Commission, Secretary of Defense, or other authorized agency or government
entity after obtaining the advice of the Administration as to technical feasibility,
has advised that communication of power to a particular foreign point by means
of the power satellite system and rectennas should be established in the
national interest, institute forthwith appropriate proceedings as necessary;
(4) insure that facilities of
the power satellite system and rectennas are technically compatible and interconnected
operationally with each other and with existing power transmission facilities;
(5) prescribe such accounting
regulations and systems and engage in such ratemaking procedures as will insure
that any economies made possible by a power satellite system are appropriately
reflected in rates for public electric power services;
(6) approve technical characteristics
of the operational power satellite system to be employed by the corporation
and of the associated rectenns; and
(7) grant appropriate authorizations
and guidelines for the construction and operation of each satellite rectenna
station, either to the corporation or to one or more authorized construction
corporations as will best serve the public interest, convenience, and necessity.
In determining the public interest, convenience, and necessity the Commission
shall authorize the construction and operation of such rectennas by client
electric power companies or their agents, without preference;
(8) authorize the corporation
to issue any shares of capital stock, except the initial issue of capital
stock referred to in section 734(a) of this title, or to borrow any moneys,
or to assume any obligation in respect of the securities of any other person,
upon a finding that such issuance, borrowing, or assumption is compatible
with the public interest, convenience, and necessity and is necessary or appropriate
for or consistent with carrying out the purposes and objectives of this chapter
by the corporation;
(9) insure that no substantial
additions are made by the corporation or other contracting agents with respect
to facilities of the power satellite system or rectennas unless such additions
are required by the public interest, convenience, and necessity;
(10) require, in accordance with
the Public Utility Regulatory Policy Act of 1978, as amended , that additions
be made by the corporation or agents with respect to facilities of the power
satellite system or rectennas where such additions would serve the public
interest, convenience, and necessity; and
(11) make rules and regulations
to carry out the provisions of this chapter.
Subchapter III - Communications Satellite Corporation
Sec. 4. Creation of corporation
There is authorized to be created a power satellite corporation for profit
which will not be an agency or establishment of the United States Government.
Sec. 5. Applicable laws
The corporation shall be subject to the provisions of this chapter and,
to the extent consistent with this chapter, to the District of Columbia Business
Corporation Act (D.C. Code, Sec. 29-301 et seq.). The right to repeal, alter,
or amend this chapter at any time is expressly reserved.
Sec. 6. Directors and officers
(a) Board of directors; qualifications; chairman;
appointment by President; term; election by stockholders; percentage of stock
ownership determining right to elect; cumulative voting; amendment of articles
of incorporation; bylaws for national emergencies
The corporation shall have a board of directors
consisting of fifteen individuals who are citizens of the United States, of
whom one shall be elected annually by the board to serve as chairman. Three
members of the board shall be appointed by the President of the United States,
by and with the advice and consent of the Senate, effective the date on which
the other members are elected, and serve for terms of one, two, and three
years, respectively, or until their successors have been appointed and qualified,
and any member so appointed to fill a vacancy shall be appointed only for
the unexpired term of the director whom he succeeds. The remaining twelve
members of the board shall be elected annually by the stockholders. Six of
such members shall be elected by those stockholders who are not aerospace,
electric power, or energy companies, and the remaining six such members shall
be elected by the stockholders who are aerospace, electric power, or energy
companies, except that if the number of shares of the voting capital stock
of the corporation issued and outstanding and owned either directly or indirectly
by aerospace, electric power, or energy companies, as of the record date for
the annual meeting of stockholders is less than 45 per centum of the total
number of shares of the voting capital stock of the corporation issued and
outstanding, the number of members to be elected at such meeting by each group
of stockholders shall be determined in accordance with the following table:
When the number of shares of the voting capital stock of the power satellite
corporation issued and outstanding and owned either directly or indirectly
by aerospace, electric power company, or energy company is less than -
But not less than The number of members which stockholders
who are aerospace, electric power company, or energy company are entitled
to elect shall be: And the number of members which other
stockholders are entitled to elect shall be
20 per centum 14 per centum 2
10
14 per centum 8 per centum 1
11
8 per centum 0 12
No stockholder who is an aerospace, electric power,
or energy companies, and no trustee for such a stockholder shall vote, either
directly or indirectly, through the votes of subsidiaries or affiliated companies,
nominees, or any persons subject to his direction or control, for more than
three candidates for membership on the board, except that in the event the
number of shares of the voting capital stock of the corporation issued and
outstanding and owned either directly or indirectly by aerospace, electric
power, or energy companies, as of the record date for the annual meeting is
less than 8 per centum of the total number of shares of the voting capital
stock of the corporation issued and outstanding, any stockholder who is a
aerospace, electric power, or energy company shall be entitled to vote at
such meeting for candidates for membership on the board in the same manner
as all other stockholders. Subject to the foregoing limitations, the articles
of incorporation of the corporation shall provide for cumulative voting under
section 27(d) of the District of Columbia Business Corporation Act (D.C. Code,
sec. 29-27(d)). The articles of incorporation of the corporation may be amended,
altered, changed, or repealed by a vote of not less than 66 2/3 per centum
of the outstanding shares of the voting capital stock of the corporation owned
by stockholders who are aerospace, electric power, or energy company and
by stockholders who are not aerospace, electric power, or energy company,
voting together, if such vote complies with all other requirements of this
chapter and of the articles of incorporation of the corporation with respect
to the amendment, alteration, change, or repeal of such articles. The corporation
may adopt such bylaws as shall, notwithstanding the provisions of section
36 of the District of Columbia Business Corporation Act (D.C. Code, section
29-336(d)), provide for the continued ability of the board to transact business
under such circumstances of national emergency as the President of the United
States, or the officer designated by him, may determine, after February 18,
2010, would not permit a prompt meeting of a majority of the board to transact
business.
(b) President of corporation; designation and appointment
of other officers; compensation; United States citizenship of officers; dual
salary prohibition
The corporation shall have a president, and such
other officers as may be named and appointed by the board, at rates of compensation
fixed by the board, and serving at the pleasure of the board. No individual
other than a citizen of the United States may be an officer of the corporation.
No officer of the corporation shall receive any salary from any source other
than the corporation during the period of his employment by the corporation.
Sec. 7. Financing of corporation
(a) Capital stock; amount of issue; no par value shares;
voting rights; dividends; price and public distribution of initial offering;
shareholder eligibility
The corporation is authorized to issue and have
outstanding, in such amounts as it shall determine, shares of capital stock,
without par value, which shall carry voting rights and be eligible for dividends.
The shares of such stock initially offered shall be sold in a manner to encourage
the widest distribution to the American public. Subject to the provisions
of subsections (b) and (d) of this section, shares of stock offered under
this subsection may be issued to and held by any person.
(b) ''Authorized carrier'' defined; shareholder eligibility;
voting rights limitation of authorized carriers and other stockholders
(1) For the purposes of this
section the term ''authorized carrier'' shall mean an aerospace, electric
power company, or energy company which is specifically authorized or which
is a member of a class of carriers authorized by the Commission to own shares
of stock in the corporation upon a finding that such ownership will be consistent
with the public interest, convenience, and necessity.
(2) Only those aerospace, electric
power, or energy companies which are authorized carriers shall own shares
of stock in the corporation at any time, and no other aerospace, electric
power, or energy companies shall own shares either directly or indirectly
through subsidiaries or affiliated companies, nominees, or any persons subject
to its direction or control. At no time after the initial issue is completed
shall the aggregate of the shares of voting stock of the corporation owned
by authorized carriers directly or indirectly through subsidiaries or affiliated
companies, nominees, or any persons subject to their direction or control
exceed 25 per centum of such shares issued and outstanding.
(3) At no time shall any stockholder
who is not an authorized carrier, or any syndicate or affiliated group of
such stockholders, own more than 10 per centum of the shares of voting stock
of the corporation issued and outstanding.
(c) Nonvoting security issues and certificates of indebtedness;
rate base
The corporation is authorized to issue, in addition
to the stock authorized by subsection (a) of this section, nonvoting securities,
bonds, debentures, and other certificates of indebtedness as it may determine.
Such nonvoting securities, bonds, debentures, or other certificates of indebtedness
of the corporation shall be eligible for inclusion in the rate base of the
corporation to the extent allowed by the Commission. The voting stock
of the corporation shall not be eligible for inclusion in the rate base of
the carrier.
(d) Alien share ownership limitation
Not more than an aggregate of 15 per centum of
the shares of stock of the corporation authorized by subsection (a) of this
section which are held by holders other than authorized carriers may be held
by persons of the classes described in subsection (a) and paragraphs (1)
through (4) of subsection (b) of section 310 of this title.
(e) Inspection and copying rights
The requirement of section 45(b) of the District
of Columbia Business Corporation Act (D.C. Code, sec. 29-345(b)) as to the
percentage of stock which a stockholder must hold in order to have the rights
of inspection and copying set forth in that subsection shall not be applicable
in the case of holders of the stock of the corporation, and they may exercise
such rights without regard to the percentage of stock they hold.
(f) Transfer and distribution of shares among authorized
carriers
Upon application to the Commission by any authorized
carrier and after notice and hearing, the Commission may compel any other
authorized carrier which owns shares of stock in the corporation to transfer
to the applicant, for a fair and reasonable consideration, a number of such
shares as the Commission determines will advance the public interest and the
purposes of this chapter. In its determination with respect to ownership of
shares of stock in the corporation, the Commission, whenever consistent with
the public interest, shall promote the widest possible distribution of stock
among the authorized carriers.
Sec. 8. Powers of corporation
(a) Authorized powers
In order to achieve the objectives and to carry
out the purposes of this chapter, the corporation is authorized to -
(1) plan, initiate, construct,
own, manage, and operate itself or in conjunction with foreign governments
or business entities a commercial power satellite system;
(2) furnish, for hire, channels
of communication to United States electric power companies and to other authorized
electric power companies and entities, foreign and domestic; and
(3) own and operate satellite
terminal stations when licensed by the Commission under section 721(c)(7)
of this title.
(b) Specific corporate activities
Included in the activities authorized to the corporation
for accomplishment of the purposes indicated in subsection (a) of this section,
are, among others not specifically named -
(1) to conduct or contract for
research and development related to its mission;
(2) to acquire the physical facilities,
equipment and devices necessary to its operations, including power satellites
and associated equipment and facilities, whether by construction, purchase,
or gift;
(3) to purchase satellite launching
and related services from commercial providers;
(4) to contract with authorized
users, foreign or domestic, including the United States Government, for the
services of the power satellite system; and
(5) to develop plans for the
technical specifications of all elements of the power satellite system.
(c) Specifically excluded corporate activities
The power satellite corporation shall not engage
in the manufacture, marketing, or sales of space launch vehicles, photovoltaic
conversion devices, wiring or cables, or any major electrical or mechanical
systems and/or components not related to and/or part of the power satellites.
The power satellite corporation is to contract for these services and components
as necessary.
(d) Usual powers of stock corporation
To carry out the foregoing purposes, the corporation
shall have the usual powers conferred upon a stock corporation by the District
of Columbia Business Corporation Act (D.C. Code, Sec. 29-301 et seq.).
Sec. 9. Foreign business negotiations of corporation; notice to Commission
Whenever the corporation shall enter into business negotiations with respect
to facilities, operations, or services authorized by this chapter with any
international or foreign entity, it shall notify the members of the Power
Satellite Commission of the negotiations, and they shall advise the corporation
of relevant foreign policy and regulatory considerations. Throughout such
negotiations the corporation shall keep the Power Satellite Commission informed
with respect to such considerations. The corporation may request Power Satellite
Commission members to assist in the negotiations, and they shall render such
assistance as may be appropriate.
Sec. 10. Sanctions
(a) Petition of Attorney General for equitable
relief; venue
If the corporation created pursuant to this chapter
shall engage in or adhere to any action, practices, or policies inconsistent
with the policy and purposes declared in section 701 of this title, or if
the corporation or any other person shall violate any provision of this chapter,
or shall obstruct or interfere with any activities authorized by this chapter,
or shall refuse, fail, or neglect to discharge his duties and responsibilities
under this chapter, or shall threaten any such violation, obstruction, interference,
refusal, failure, or neglect, the district court of the United States for
any district in which such corporation or other person resides or may be found
shall have jurisdiction, except as otherwise prohibited by law, upon petition
of the Attorney General of the United States, to grant such equitable relief
as may be necessary or appropriate to prevent or terminate such conduct or
threat.
(b) Punishment, liability or sanction under other
provisions
Nothing contained in this section shall be construed
as relieving any person of any punishment, liability, or sanction which may
be imposed otherwise than under this chapter.
(c) Duty of compliance with provisions of chapter
and rules and regulations
It shall be the duty of the corporation and all
aerospace, electric power companies, or energy companies to comply, insofar
as applicable, with all provisions of this chapter and all rules and regulations
promulgated thereunder.
Sec. 11. Reports to Congress
The corporation shall transmit to the President and the Congress, annually
and at such other times as it deems desirable, a comprehensive and detailed
report of its operations, activities, and accomplishments under this chapter.
Subchapter V - International Solar Power Rectenna Owners Organization
Sec. 12. Congressional declaration of policy and purpose
(a) Development and operation of receiving antennas
(rectennas) and their associated electrical grid interconnection machinery,
regulatory and environmental needs to serve power satellite downlink needs
of the United States and member foreign countries
The Congress hereby declares that it is the policy
of the United States to provide for the participation of the United States
in the International Solar Power spAce ReCtenna Owners Organization (hereinafter
in this subchapter referred to as “SPARCO”) in order to develop and operate
power satellite rectennas. SPARCO shall promote power frequency allocations
consistent with sound environmental regard for both the successful transmission
of clean solar power and the environment through which this communications
takes place
(b) Corporate participation; private entity status;
non-Government agency
It is the purpose of this subchapter to provide
that the participation of the United States in SPARCO shall be through the
power satellite corporation established pursuant to subchapter III of this
chapter, which constitutes a private entity operating for profit, and which
is not an agency or establishment of the Federal Government. Additional participation
by aerospace, electric power, or energy companies is encouraged.
Sec. 13. Corporation's status as designated operating entity
(a) Statement of purpose; signature authorization
(1) the power satellite corporation
established pursuant to subchapter III of this chapter is hereby designated
as the initial organizing entity of the United States for participation in
SPARCO , for the purpose of facilitating and encouraging improved understanding
of power satellite downlink construction, operational, environmental and regulatory
issues and services.
(2) The corporation may participate
in and is hereby authorized to sign the operating agreement or other pertinent
instruments of SPARCO as the initial designated operating entity of the United
States.
(b) Powers of corporation
The corporation -
(1) shall advise, consult and
facilitate as required in the design, construction and operation of satellite
earth rectennas downlink stations and associated electrical power grid interconnections
to local, national or other electric power grids public or private with the
owners and operators of those electric power grids;
(2) shall interconnect such stations
with the supplying power satellite to provide system integrity and assure
continuous power flow, except as may be required for biannual or other
maintenance, and as authorized by the Commission;
(3) shall provide for the common
operational and system security of such rectennas and the power satellite
transmitting to their rectenna partner, and with power relay equipment servicing
other electric power grids, as requested, unless SPARCO or the Commission
finds that such interconnection will not serve the interests of the electric
power grid;
(c) Financial obligation
The corporation shall be responsible for fulfilling
any financial obligation placed upon the corporation as a signatory to the
operating agreement or other pertinent instruments, and any other financial
obligation which may be placed upon the corporation as the result of a convention
or other instrument establishing SPARCO. The corporation shall be the United
States’ organizing representative in the managing body of SPARCO.
(d) Ownership or/and operation of power satellite and
rectennas for training of personnel pursuant to authorization of responsible
executive department or Commission:
(1) Any person, including the
Federal Government or any agency thereof, may be authorized, in accordance
with paragraph (2) or paragraph (3), to be the sole owner or operator, or
both, of any power satellite or rectenna if such satellite or rectennas is
used for the exclusive purposes of training personnel in the use of equipment
associated with the operation and maintenance of such satellite or rectennas,
or in carrying out experimentation relating to various power satellite services.
(2) If the person referred to
in paragraph (1) is the Federal Government or any agency thereof, such power
satellite or rectenna shall have been authorized to operate by the executive
department charged with such responsibility.
(3) In any other case, such power
satellite or rectenna shall have been authorized by the Commission.
(e) Additional noncorporation ownership of power satellite
or rectenna for enhancement of power satellite services in the public interest
The Commission may authorize ownership of power
satellites or rectennas by persons other than the corporation at any time
the Commission determines that such additional ownership will enhance the
provision of electric power services in the public interest.
(f) Operational arrangements for interconnection of power
satellite or rectenna and facilities with other electric power grids, power
systems or components for extension of electric power services:
The Commission shall determine the operational arrangements under which
the corporation shall interconnect its satellite earth terminal station facilities
and services with United States electric power companies, other than any electric
power companies, system, or other entity in which the corporation has any
ownership interest, and private electric power systems when authorized pursuant
to subsection (b)(3) of this section for the purpose of extending electric
power services within the United States and in other areas.
SPARCO shall work with international developmental agencies to identify
nations, states, power corporations and/or regions that are developmentally
close to being capable of supporting an electric power grid of sufficient
size to accept a share of rectenna downlinked SSP power. SPARCO shall work
with these agencies to share in fostering subsidization of completion of
these new downlinkable grid segments. In no case will the power satellite
corporation take any share in title of the rectenna.
Sec. 14. Implementation of policy
(a) Administrative functions; agency coordination; use
for general governmental purposes; separate systems; spectrum and orbital
space use; compatibility with domestic and foreign facilities; interests and
needs of ultimate users; Federal views on utilization and user needs The
Secretary of Commerce shall -
(1) coordinate the activities
of Federal agencies with responsibilities as an electric power company (other
than the Commission), so as to ensure that there is full and effective
compliance with the provisions of this subchapter;
(2) take all necessary steps
to ensure the availability and appropriate utilization of the power satellite
services provided by SPARCO for general governmental purposes, except in any
case in which a separate electric power company is required to meet unique
governmental needs or is otherwise required in the national interest;
(3) exercise his authority in
a manner which seeks to obtain coordinated and efficient use of the electromagnetic
spectrum and orbital space, and to ensure the technical compatibility of the
space segment with existing communications facilities in the United States
and in foreign countries; and
(4) take all necessary steps
to determine the interests and needs of the ultimate users of the electric
power company foreign and domestic and to communicate the views of the Federal
Government on utilization and user needs to SPARCO.
(b) Executive functions; supervision and instructions
for foreign relationships and activities
The President shall exercise such supervision over,
and issue such instructions to, the corporation in connection with its relationships
and activities with foreign governments, international entities, and SPARCO
as may be necessary to ensure that such relationships and activities are consistent
with the national interest and foreign policy of the United States.
(c) Commission functions; institution of proceedings;
recommendations for issuance of executive instructions; public space segment
channel, construction, operation and other authorizations; review; rules
The Commission shall -
(1) institute such
proceedings as may be necessary to carry out the provisions of section 752
of this title;
(2) make recommendations
to the President for the purpose of assisting him in his issuance of instructions
to the corporation;
(3) grant such authorizations
as may be necessary under title II and title III of the Communications
Act of 1934 (47 U.S.C. 201 et seq., 301 et seq.) and the Public Utility
Regulatory Act of 1978 as amended to enable the corporation -(A) to provide
to the public, in accordance with section 752(c)(2) of this title, space segment
orbital locations from their owner; and title II and title III of the Communications
Act of 1934 to carry out to the provisions of this subchapter;
(5) establish procedures
to provide for the continuing review of the power satellite activities of
the corporation as the United States signatory to the operating agreement
or other pertinent instruments; and
(6) prescribe such
rules as may be necessary to carry out the provisions of this subchapter.
(d) Commission regulatory instructions; conflicting
and prevailing instructions of President
The Commission is authorized to issue instructions
to the corporation with respect to regulatory matters within the jurisdiction
of the Commission. In the event an instruction of the Commission conflicts
with an instruction of the President pursuant to subsection (b) of this section,
the instructions issued by the President shall prevail.