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Foreign Communication Policy and DBS: 1962-1984 103
resolution and seven countries abstained - Central African Republic,
Fiji, Gabon, Israel, Lesotho, Nicaragua and Tunisia.
50 These are the Outer Space Treaty of 1967, the Moon Treaty of 1979, the
Rescue and Return Treaty of 1968, the Treaty on the Registration of
Objects Launched into Outer Space of 1975, and the Liability Treaty of
1972.
51 Bailey III, 'Current and Future Legal Uses of Direct Broadcast Satel-
lites in International Law,' pp. 703-4.
52 On the definitional problems of propaganda, see Taishoff, State Respon-
sibility and the Direct Broadcast Satellite, pp. 31-5; and Jon T. Powell,
'Towards a Negotiable Defmition of Propaganda for International
Agreements Related to Direct Broadcast Satellites,' Law and Contem-
porary Problems, 45(1) (Winter 1982) 3-35.
53 Bailey III, 'Current and Future Legal Uses of Direct Broadcast Satel-
lites in International Law,' pp. 704-6.
54 Quoted in Luther, The United States and the Direct Broadcast Satellite,
p. 89.
55 In ibid., Luther considers the then acting head of the American Society of
International Law, John L. Hargrove, to have presented the most
extreme pro-free flow position at the 1974 State Department conference.
The gist of Hargrove's argument was that the principle of nation-state
sovereignty is not absolute where state authorities are not deemed to be
representatives of the nation. On what bases and by whom such an
evaluation is to be made were not made clear by Hargrove. See pp. 90-1.
56 Joel H. Wo1dman, 'The View Ahead: Direct Satellite Broadcasting and
International Communications.' Report to the United States Senate.
Committee on Foreign Relations. Reprinted in United States Congress.
Senate. Committee on Foreign Relations. Subcommittee on Interna-
tional Operations. Hearings on 'The Role and Control of International
Communications and Information,' 95th Cong., 1st sess., June 1977, pp.
38-54.
51 Ibid., pp. 50 and 53-4 (emphases added).
58 Ibid., p. 50. On the NAS recommendation, see Craig Covault, 'NASA
Urged to Study Satcom Program,' Aviation Week & Space Technology,
106 (14 March 1977) 41-2.
59 Woldman, 'The View Ahead: Direct Satellite Broadcasting and Interna-
tional Communications,' p. 53.
60 A Department of Commerce report released prior to these Region 2
negotiations made the US position clear: 'We should adhere to current
policies that favor allocation on the basis of efficiency and established
need, while assuring that the needs of future users will be effectively
met.' - US Department of Commerce, 'Long-Range Goals in Interna-
tional Telecommunications and Information, An Outline of United
States Policy.' Published in Kenneth W. Leeson, International Commu-
nications (Amsterdam: Elsevier Science Publishers, 1984) p. 19.
61 David I. Fisher, Prior Consent to International Direct Broadcast Satellite
Broadcasting (Dordrecht: Martinus Nijhoff Publishers, 1990) p. 26.
While the French and other Western delegations feared the potentially
damaging impact of externally based broadcasters on existing domestic