The degree of the unreadiness and its cost seems to have become higher as war became more mechanized, complicated, long range and rapid. Finally, it seems certain that the important relationship of command control communications to the effectiveness of all military operations and weapons systems has been consistently misunderstood and undervalued.13 Perhaps it may be appropriate in concluding this brief backward look to ask some questions about what lies ahead in military communications. Have the lessons of the past been learned? Is our recognition and evaluation of future needs in military communications now adequate? Do we have realistic answers to the question of what leadership at all levels must do in meeting and after suffering the next shock of whatever type of war may come so that we may plan now and have ready the communications necessary to permit the exercise of this leadership? How can we provide the essential survivability of this system without unnecessary expense? From whom and by what method can the right answers be obtained? These questions grow more complex with each passing year. The strength of the effort is growing to find better answers for the future than we have had in the past. In the success of these efforts the Nation has a vital stake. By what standards can their adequacy be measured? Are there additional ways in which the great technical strengths of this Institute of Radio Engineers can be brought to bear in support of these efforts? APPENDIX 6.-NASA/COMSAT CONTRACT FOR APOLLO COMMUNICATIONS NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Hon. CHET HOLIFIELD, Chairman, Military Operations Subcommittee, Committee on Government Operations, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: Responding to Mr. Herbert Roback's request, we are enclosing, for the information of the subcommittee, a copy of the agreement between the National Aeronautics and Space Administration and Communications Satellite Corp. for communications services. If we can be of further assistance, please do not hesitate to call on us. RICHARD L. CALLAGHAN, AGREEMENT BETWEEN THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AND COMMUNICATIONS SATELLITE CORP., FOR COMMUNACATIONS SERVICES This agreement is entered into July 5, 1966, by and between the United States of America (hereinafter called the "Government"), acting through the National Aeronautics and Space Administration (hereinafter called "NASA") and the Communications Satellite Corp. (hereinafter called "Comsat"), and sets forth the terms and conditions under which comsat will furnish certain commercial satellite communications services, as hereinafter described, to the Government. ARTICLE I-DEFINITIONS For purposes of this agreement, the following terms shall have the meanings set forth below: 1. The term "Administrator" means the Administrator or Deputy Administrator of the National Aeronautics and Space Administration; and the_term "his duly authorized representative" means any person or persons or Board (other than the contracting officer) authorized to act for the Administrator. 2. The term "contracting officer" means the person executing this agreement on behalf of the Government, and any other officer or civilian employee who is a properly designated contracting officer; and the term includes, except as otherwise provided in this agreement, the authorized representative of a contracting officer acting within the limits of his authority. 3. The term "NCS/NASCOM" means the operational NASA communications network. 4. The term "communications service authorization" (CSA) means an order for services under this agreement. 5. The term "services" means the telecommunications services, and the operational management and coordination services set forth in article II, paragraph 1 hereof, to be furnished by Comsat under this agreement. ARTICLE II-SERVICES TO BE FURNISHED 1. The communications services described in appendix A of this agreement are required by NASA in support of NCS/NASCOM. Comsat will procure the necessary equipment and facilities to enable it to furnish, and Comsat thereafter will furnish, that portion of the total services referred to in appendix A which represents communications routes between interface centers utilized by Comsat in the eastern continental U.S. area and a satellite over the Atlantic Ocean, and in the western continenal U.S. area and a satellite over the Pacific Ocean (through earth stations owned or leased and operated by Comsat at Andover, Maine, and Brewster Flat, Wash., respectively), and between such satellites and vessels owned by the United States and located in the Atlantic, Indian, and Pacific Oceans: Provided, That the availability of the services being furnished 816 by Comsat will not be dependent upon the availability of such vessels. Comsat will also furnish the operational management of the space segment and will serve as the primary point of coordination for the earth station services, both as described in appendix A. 2. Other services may be provided by Comsat under this agreement if agreed to in writing by Comsat and NASA, or under other applicable tariffs. ARTICLE III-REDUCTION OF OR INCREASE IN SERVICES FURNISHED J 1. NASA shall have the right to order a reduction in the services being furnished in either the Atlantic Ocean area or Pacific Ocean area, or in both areas at any time, in accordance with the notice provisions of article XI hereof. If such reduction extends to all of the services being furnished through either the Atlantic Ocean area satellite or the Pacific Ocean area satellite, it shall be deemed to be a "termination in part" as defined in article XI. If NASA desires such reduction to extend to a portion but not all of the services being furnished through either of such satellites, Comsat will file a revised tariff for such reduced services pursuant to article IX hereof; if such revised tariff becomes final and effective, NASA may then either: (i) accept the reduced services; or (ii) accept all of the services being furnished through either of such satellites; or (iii) terminate all of such services, pursuant to article XI hereof. 2. NASA may also call for an increase in the services being furnished in either the Atlantic Ocean area or Pacific Ocean area, or in both areas, at any time. If Comsat agrees to furnish such additional services, pursuant to article II, paragraph 2 hereof, they will be furnished on the basis of a revised tariff for such services, filed pursuant to article IX hereof. ARTICLE IV-COMSAT RELATION TO OTHER TELECOMMUNICATIONS ENTITIES 1. Other portions of the total communications services in support of NCS/ NASCOM as described in appendix A of this agreement are to be furnished under separate NASA contracts with Cable & Wireless, Ltd. (hereinafter called "C. & W."), the Austrialian Overseas Telecommunications Commission (hereinafter called "OTC (A)"), and the Compania Telefonica Nacional De Espana (hereinafter called "CTNE"), respectively. 2. In furnishing services hereunder, Comsat shall not be liable for any acts or omissions of the other telecommunications entities named in paragraph 1 above. ARTICLE V-RESPONSIBILITIES OF NASA 1. NASA will make necessary and appropriate arrangements for the installation, operation, and maintenance of shipborne earth stations, as described in appendix A of this agreement, on board Government vessels at locations designated in appendix A, at no cost to Comsat. 2. NASA will make necessary contractual arrangements for the services to be furnished by C. & W., OTC (A), and CTNE. 3. Subject to reimbursement, NASA will provide satellite launching and associated services under arrangements to be agreed upon in a separate agreement between NASA and Comsat. 4. NASA agrees to pay for the services furnished hereunder by Comsat, pursuant to and in accordance with the provisions of this agreement. ARTICLE VI-PERIOD OF SERVICE 1. The period during which Comsat may be called upon by NASA to furnish services under this agreement shall begin as soon as practicable after September 1, 1966, but not later than September 30, 1966, and shall continue through September 30, 1969. Such period of service under this agreement shall not extend beyond September 30, 1969, except as provided in paragraphs 2 and 3 below. 2. If Comsat fails to make services available for NASA use in either the Alantic or Pacific Ocean areas, or in both areas, by September 30, 1966, and the reason for such failure is that NASA has postponed or rescheduled a scheduled launching or launchings of an Intelsat II spacecraft for a cause not attributable to Comsat's lack of readiness for such a launching, the period of service for the respective area will be extended beyond September 30, 1969, by an amount of time which is equal to the period of delay that is attributable to the postponement or rescheduling of a scheduled launching. 3. If Comsat fails to make services available for NASA use in either the Atlantic or Pacific Ocean areas, or in both areas, by September 30, 1966, and the reason for such failure is that there has been more than one unsuccessful attempt by NASA to inject an Intelsat II spacecraft into a satisfactory transfer orbit, the period of service for the respective area will be extended beyond September 30, 1969, by an amount of time which is equal to the period of delay that is attributable to the second and subsequent unsuccessful attempts. For purposes of this provision, the term "unsuccessful attempt" shall be deemed to include also a scheduled launching which does not occur because of a launch vehicle malfunction occurring prior to the time of launching. ARTICLE VII-ORDERING OF SERVICES 1. Comsat will furnish the services described in article II hereof, during the period of service specified in article VI hereof, pursuant to written orders, termed communications service authorizations (CSA's), issued by the contracting officer, which shall refer to, and be in accordance with the terms of, this agreement and shall specify the services desired, the applicable tariff, the period for which services are required, the address where invoices for services shall be sent, the disbursing officer, and other pertinent details. Comsat shall acknowledge acceptance of such orders by written notice to the contracting officer. 2. Comsat agrees that it will notify NASA in advance as to the date on which the services described in article II, paragraph 1 hereof, will become available for NASA use in the Atlantic Ocean area and in the Pacific Ocean area, respectively. Subject to the availability of appropriations, NASA agrees that a CSA will be issued by the contracting officer promptly upon receipt of such notice, or notices, ordering those services which Comsat has indicated will become available for NASA use, under the applicable tariff for such services, and covering the period of service from the date as of which Comsat has indicated that such services will become available, through the date indicated in the CSA. Thereafter, additional CSA's covering, in whole or in part, the remainder of the period of service specified in article VI hereof, may be issued by the contracting officer from time to time, with such issuance to be made sufficiently in advance that Comsat will be enabled to furnish the services on a continuous basis throughout the specified period of service. 3. NASA further agrees that if the contracting officer fails to issue CSA's on a timely basis, as provided under paragraph 2 above, he will, in lieu thereof, terminate this agreement forthwith in accordance with article XI hereof. ARTICLE VIII-PAYMENT NASA shall pay Comsat monthly, upon submission of invoices, for services furnished in accordance with the provisions of this agreement, and of the CSA's issued hereunder. The amounts to be paid shall be determined in accordance with the schedule of rates and charges provided for under article IX hereof. ARTICLE IX-RATES AND CHARGES 1. The rates and charges for the services to be furnished under this agreement shall be set forth in a tariff which has been established in accordance with the regulations and procedures of the Federal Communications Commission (FCC). The rates and charges proposed to be incorporated in the tariff to be filed by Comsat with the FCC shall be as set forth in paragraph 2 below. 2. Rates and charges: Area Atlantic section: For 12 voice/data grade and 4 teletypewriter grade channels Total.. 1. A copy of any Comsat tariff or amended tariff for the services furnished hereunder shall be furnished promptly to the contracting officer. At the time of filing of any application or tariff seeking the establishment of, or change in, rates and charges for services, Comsat shall notify the contracting officer thereof and shall furnish a copy of the application or tariff. Comsat shall also furnish a copy of all information, material, and data developed or prepared in support of or in connection with such application tariff. The foregoing requirements shall apply to applications or tariffs pending on the effective date of this agreement. 2. Comsat agrees that any application or tariff filed in connection with the services furnished hereunder shall not be inconsistent with the terms and conditions applicable to such services which are contained in this agreement. ARTICLE XI-TERMINATION 1. NASA may terminate this agreement, in whole or in part, for the convenience of the Government, in accordance with the provisions of this article, whenever NASA shall determine that such termination is in the best interests of the Government. For the purposes of this article, the phrase "termination in part" means termination of all services from either the Atlantic Ocean area satellite or the Pacific Ocean area satellite. 2. Termination under this article shall be effected by delivery of a written notice of termination, which shall specify the extent to which NASA's requirements for services hereunder are being terminated, and the date upon which such termination shall become effective. If such notice of termination is delivered during a period of war or national emergency declared by the Congress of the United States, or is delivered prior to the date on which services are made available hereunder, the effective date of termination specified may be immediate. Other than during a period of war or national emergency declared by the Congress of the United States, if such notice of termination is delivered on or after the date services have been made available, in whole or in part, hereunder, as defined in paragraph 1 of this article, the effective date of termination specified shall not be earlier than 30 days from the date the services being terminated were made available, or earlier than 14 days from the date of the notice of termination, whichever is later; Provided, That this notice provision shall not apply to the notice of termination delivered pursuant to article VII hereof. Unless NASA requests otherwise, Comsat agrees that it will use its best efforts to mitigate expenses incident to the furnishing of services between the date a notice of termination is delivered and its effective date. 3. (a) If the effective date of termination is prior to the date services are made available hereunder, Comsat shall, upon receipt of the notice of termination, and to the extent directed by NASA (i) discontinue the placing of orders for the facilities and equipment required to furnish the services; (ii) cancel promptly, and, with the approval or ratification of the contracting officer, to the extent he may require such approval or ratification, settle existing contracts, orders, and commitments of Comsat, in accordance with the settlement terms, if any, of such contracts, orders, and commitments, and to the extent they are chargeable to this agreement or to the termination portion thereof; and (iii) notify the contracting officer in writing of its election to retain at cost, without the concurrence of the contracting officer, any facilities and equipment required to furnish the terminated portion of the services to which it has obtained or may obtain title; and/or make written request to the contracting officer to retain any such facilities and equipment upon other terms; and/or use its best efforts to sell or otherwise dispose of, in the manner, at the time; to the extent, and at the price or prices directed or authorized by the contracting officer, any other such facilities and equipment: Provided, That Comsat shall not be required to extend credit to any purchaser of such facilities or equipment. (b) Upon termination under this paragraph, NASA shall be liable for and shall pay Comsat the direct and indirect nonrecoverable costs whien ba incurred by Comsat, or for which Comsat is or may become liable, in connection with the procurement and establishment of the facilities and equipment required to furnish the terminated portion of the services, but in no event shall NASA be liable in an amount exceeding $15,873,653. For purposes of this subparagraph, the term "nonrecoverable costs" shall mean the total direct and indirect costs incurred by Comsat, as referred to above, less the net salvage value of any |