Communications Satellite Act, to the arrangement which has evolved. But the law contemplates a great deal of international cooperation. It is not clear whether it contemplates this particular kind of international cooperation, but right in its text it quite clearly contemplates that, and it is our viewpoint that even though it may be at times a little difficult to coordinate both the law and the international arrangements, that that is possible, and that it is possible to do that in a way which gives the U.S. regulatory body which is given certain specific responsibilities in the act, an opportunity to exercise those.

Now, the question is how and when, and it seems to us that the time and the manner in which to exercise the regulatory effort of the United States is in connection with the giving of instructions to the U.S. representative on this interim committee, so that the U.S. position in the Interim Committee represents the coordinated view of the U.S. Government. We think that that is a possible way of operating, and these procedures that I have discussed, I think, reflect that.

Now, whether in practice it turns out that this is really workable, as we now think it is, I think time will have to tell. But, at the moment, we would say this is not a question of an international agreement in some sense superseding domestic law. It is a question of fitting the two together, and we think that

Mr. ROBACK. Is there any reason why you cannot submit for the record, public record, the documents bearing on this situation, which would include the procedural statement which, I understand, has been agreed upon; also the interchange preceding that which recorded the concerns of the several agency participants and, perhaps, Comsat; and also, you might say, the recordation of this concern by the international committee?

There are pieces of paper on the subject, and the question is, Can they be submitted for the public record?

Mr. Lor. Mr. Roback, the end product of our efforts to achieve a procedure which would permit us to instruct Comsat in a timely fashion and which was intended to deal with this problem is a letter which the Department wrote to the Comsat Corp., I believe, dated the 18th of August. That is really the result of that, and that letter and the reply of the Comsat Corp. to that is something that we could put in the public record.

Mr. ROBACK. On the other matters you are saying you cannot? The results of this do not really tell us what the problem is, and this is not a problem that is necessarily resolved, as you first said; therefore, we ought to get a pretty clear understanding of the concern which led to an attempted solution, and if we do not have the correspondence it would be difficult to understand it.

Will you consult with the powers that be and try to use your best efforts to supply that for the record?

Mr. Loy. I will use my best efforts to supply for you

Mr. ROBACK. You might even have a little conference in one of your meetings of the international committee. You might ask them whether there is any objection to having a piece of paper put in our record.

Mr. Lor. I do not think there would be any objection, at least from our point of view, to having put into the record the statement that we authorized the Comsat Corp to make on behalf of the U.S. Government as to this relationship question.

Mr. ROBACK. Why don't you, without our accepting your constraint here, try to do your best to get us all the material to be placed in the record. Will you do that?

Mr. Loy. All right.

(The material submitted appears on p. 406 below.)

ARBITRATION AGREEMENT

Mr. DAHLIN. Are there going to be any efforts to revise the interim agreement? Is there any need to revise the interim agreement before you get to final agreement on the consortium? Have any amendments been necessary so far?

Mr. Loy. There are no plans to revise the interim agreement before the scheduled review in 1969. I think everyone feels that as an interim measure it is a satisfactory one, and it would be too difficult to try to tinker with it.

Mr. DAHLIN. Is there a supplementary agreement on arbitration which was negotiated? Who negotiated that, you or Comsat? Mr. Loy. The Department, together with Comsat, I guess. Mr. DAHLIN. Do you have copies of that for the record? Mr. Lox. Yes; we can supply copies of that for the record. (The agreement appears on p. 402 below.)

Mr. DAHLIN. What was the general problem that you were approaching there?

Mr. Loy. Mr. Nelson.

Mr. NELSON. Well, the supplementary agreement on arbitration is provided for in article 14A of the special agreement, and it has now been signed by 48 of the 53 members of Intelsat. It was pursuant to article 14 of the special agreement which provides that an arbitration agreement would be negotiated and signed.

Mr. DAHLIN. Do you have a current list of the 53 members?
Mr. NELSON. Yes; I have.

(The list of signatures to the governmental agreement and to the special agreement appears on p. 398 below.)

Mr. ROBACK. What is the arbitration agreement? What does it cover everything in conflict?

Mr. NELSON. Yes; within the context.

Mr. ROBACK. This is a general arbitration agreement?

Mr. NELSON. Yes.

Mr. DAHLIN. Is there any need at the present time to look further at the Geneva Radio Regulations? Is that a problem before the State Department?

Mr. Loy. I am not aware that that is a current problem; no.

STATE-NASA RELATIONSHIP

Mr. DAHLIN. What relationship or meetings do you have with NASA in pursuance of your special responsibilities, as a separate kind of relationship? Do you meet with them separately from Comsat and have exchanges on communications satellite matters?

Mr. Lor. Yes. I think it is fair to say we have dealt with Comsat since I have been at the Department; at least, we have dealt with Comsat a good deal more than we have with NASA because the problems have been more pressing.

But, for example, in connection with our planning for the 1969 negotiation we have organized a group, a planning group chaired by the Department which contains, among others, representatives of NASA, and we would consider that to be one of the major areas in which NASA's problems get cranked into the machinery.

Mr. DAHLIN. Did you have any role in assisting in the FAA-Comsat proposal for a special satellite for air traffic control?

Mr. Loy. No.

GROUND STATION SEMINAR

Mr. DAHLIN. How was this seminar on earth station technology handled? Was this under your sponsorship, or was it administered by you, or by Comsat, or the producers, or how was that handled?

Mr. Loy. The ITU has had a practice of having various member nations of the ITU hold seminars of an educational nature on various telecommunications problems.

We thought that it was desirable, and the affected U.S. industry also thought it was desirable, and backed us in this, that the United States give one on earth station technology.

The sponsor of that was the Department of State, and we were responsible for the planning and the original idea, the planning, the invitations, and the like.

Because we have a very limited technical capability we used U.S. industry very heavily in actually making the presentation. Also we used other parts of the U.S. Government, and I think Comsat played a very heavy role in putting together the program content. But the participation came from all segments of U.S. industry and other parts of the U.S. Government.

We have very few people on our staff who could discuss in a technical forum the earth station technology.

Mr. DAHLIN. Do you have a specific African program in connection with the President's speech on African policy, talking about earth station development there? Or is that part of the general list of possibilities you are reviewing on a worldwide program development?

Mr. Loy. It is part of the list. But the President's speech dealing with African development in telecommunications has, I think, given that a boost, and we have made, I think, some, what I would call special efforts to interest a number of African countries in considering whether it would not be sensible for them to participate in this. So it is part of the program, but we have made a somewhat special effort. Mr. DAHLIN. Thank you very much.

Mr. HOLIFIELD. Thank you for your testimony, gentlemen, We will excuse you at this time.

Mr. Loy. Thank you, Mr. Chairman.

Mr. SCOTT. Thank you, sir.

(The following material was submitted for the record:)

Hon. CHET HOLIFIELD,

DEPARTMENT OF STATE, Washington, September 14, 1966.

Chairman, Military Operations Subcommittee,
Committee on Government Operations,

House of Representatives.

DEAR MR. CHAIRMAN: During my testimony before your Committee on September 1, 1966, Mr. Roback requested that we supply for the record certain information and documents. Accordingly, there is enclosed a list of the signatories to

the Agreement establishing interim arrangements for a global commercial communications satellite system, to the related Special Agreement and to the Supplementary Agreement on Arbitration. A copy of the Supplementary Agreement on Arbitration is also enclosed.

In response to Mr. Roback's request for correspondence dealing with intergovernmental procedures for arriving at instructions to the Communication Satellite Corporation in its role as U.S. Representative to the Interim Communications Satellite Committee, there is enclosed a copy of a letter dated August 18, 1966 from me to Mr. McCormack, Chairman and Chief Executive Officer of Comsat. This letter summarizes the procedures. I also enclose Mr. McCormack's reply dated August 27, 1966. As to the other correspondence between the government agencies concerning these procedures, it is the Department's view that it would not be appropriate to make this correspondence a matter of public record. We will, however, be happy to discuss this correspondence with you or your staff and to make copies of the pertinent letters available for your examination.

Sincerely yours,

Enclosures:

FRANK E. LOY,

Deputy Assistant Secretary, Bureau of Economic Affairs.

1. List of signatories.

2. Supplementary Agreement on Arbitration.

3. Copy of letter dated August 18, 1966, from Mr. Loy to Mr. McCormack. 4. Copy of Mr. McCormack's letter dated August 27, 1966.

AGREEMENT ESTABLISHING INTERIM ARRANGEMENTS FOR A GLOBAL COMMERCIAL COMMUNICATIONS SATELLITE SYSTEM

Opened for signatures at Washington, Aug. 20, 1964-Continued

1 Signature for Argentina "subject to legislative approval."

2 Signature for Austria "subject to ratification."

3 Signature for Belgium "subject to ratification."

4 Signature for Brazil "subject to ratification." Signature for Chile "subject to approval."

Signature for Denmark "subject to ratification."

7 Signature for France "sous reserve de la ratification parlementaire." Signature for Greece "subject to ratification.'

8b Reservation "subject to ratification" withdrawn on May 19, 1965. Signature for India "subject to approval."

10 The Embassy of Iraq informed the Department of State by a note dated Mar. 1, 1966, in reference to the signature by the Ambassador of Iraq of the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System on Feb. 17, 1965, and the Supplementary Agreement on Arbitration on Oct. 27, 1965, that "while adhering to the above mentioned agreements, the Embassy declares that these shall not be construed as implying political recognition of 'Israel'."

"Signature for Italy "subject to ratification."

12 The Charge d'Affaires ad interim of Libya informed the Secretary of State by a note dated Dec. 27, 1965, that "the accession by the Government of Libya to the agreement establishing interim arrangements for a global commercial communication system and the related agreements should not be construed as implying recognition by the Kingdom of Libya of the Israeli authorities in the occupied part of Palestine." 13 Signature for the Netherlands "subject to approval."

14 Signature for Portugal "subject to approval." 18-Signature for Sweden "subject to ratification."

10 Signature for Switzerland "subject to ratification."

17 The Embassy of Tunisia informed the Secretary of State by a note dated Aug. 1, 1966, in reference to the signature of the Supplementary Agreement on Arbitration related to the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System, that "while adhering to the above mentioned agreements, the Embassy declares that these shall not be construed as implying political recognition of 'Israel'."

10 Signature for Uruguay "subject to ratification."