breeders; (6) spent fuel management; (7) waste management and disposal; and (8) advanced fuel cycle and reactor concepts.

The final communiqué of the Organizing Conference stated, inter alia, that: (1) the participants were "conscious of the urgent need to meet the world's energy requirements and . . . nuclear energy for peaceful purposes should be made widely available to that end;" (2) they were "also convinced that effective measures can and should be taken at the national level and through international agreements to minimize the danger of the proliferation of nuclear weapons without jeopardizing energy supplies or the development of nuclear energy for peaceful purposes;" and (3) the participants recognized that "special consideration should also be given to the specific needs of and conditions in developing countries." For the full text of the final communiqué, and the related document, "Technical and Economic Scope and Methods of Work" (i.e., of the eight working groups), see Dept. of State Bulletin, Vol. LXXVII, No. 2003, Nov. 14, 1977, pp. 661-664.

The First Plenary Conference of the International Nuclear Fuel Cycle Evaluation met at Vienna, November 27-29, 1978; the Final Plenary Conference also took place at Vienna, from February 25-27, 1980, as scheduled. Final reports of the International Nuclear Fuel Cycle Evaluation may be found in a 1980 nine-volume publication of the International Atomic Energy Agency, consisting of the eight working group final reports and an INFCE Summary Volume, which contains a summary of each as well as a summary and overview report prepared by the INFCE Technical Coordinating Committee.

For a description of the Nuclear Fuel Cycle, see the International Atomic Energy Agency, INFCE Summary Volume (Vienna, 1980), pp. 281-284.

Following the conclusion of the International Nuclear Fuel Cycle Evaluation, the Board of Governors of the International Atomic Energy Agency, by a resolution adopted June 20, 1980, established the Committee on Assured Supply, which is open to all Member States and which is charged with responsibility for considering and advising the Board of Governors on:

"(i) ways and means in which supplies of nuclear material, equipment and technology and fuel cycle services can be assured on a more predictable and long-term basis in accordance with mutually acceptable considerations of non-proliferation; and

"(ii) the Agency's role and responsibilities in relation thereto."

IAEA Doc. GOV/1997, June 20, 1980.

Renewable Sources of Energy

Thermal Energy: Ocean Thermal Energy Conversion Act On August 3, 1980, President Carter approved the Ocean Thermal Energy Conversion Act of 1980, Public Law 96-320, 94 Stat. 974, 42 U.S.C. 9101 et seq., 46 U.S.C. 1271, 1273, 1274, 1279c.

The Act was intended to authorize and regulate-consistent with the Convention on the High Seas and general principles of international law—the construction, location, ownership, and operation of: (1) ocean thermal energy conversion facilities connected to the United States by pipeline or cable or located in the territorial sea; (2) ocean thermal energy conversion plantships documented under the laws of the United States; and (3) ocean thermal energy conversion plantships by United States citizens.

In establishing a legal regime to permit and encourage development of ocean thermal energy conversion as a commercial energy

technology, the Act sought, as well, to protect the marine and coastal environment and to provide for the interests of ocean users. It made applicable certain provisions of the Merchant Marine Act, 1936, to assist in financing ocean thermal energy conversion facilities and plantships. It protected United States interests in their location, construction, and operation, and it also protected the rights and responsibilities of adjacent coastal States by ensuring consistency of Federal actions with approved State coastal zone management programs and other applicable State and local laws.

The Congress declared in paragraph (b) of section 2 of the Act, "Congressional Declaration of Policy", 42 U.S.C. 9101(b), that nothing in the Act was to be construed to affect the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf.

The Act conferred licensing authority upon the Administrator of the National Oceanic and Atmospheric Administration and authorized the Administrator not to issue a license if he determined (in consultation with the Secretary of the department in which the Coast Guard was operating) that the facility or plantship would not be operated with reasonable regard to the freedom of navigation or other reasonable uses of the high seas and authorized uses of the Continental Shelf, as defined by United States law, treaty, convention, or customary international law.

Wind Energy Systems Act of 1980

On September 8, 1980, President Carter signed into law the Wind Energy Systems Act of 1980, 94 Stat. 1139, 42 U.S.C. 9201 et seq., the purpose of which, as set out in section 2(b), was to establish during the following eight years an aggressive research, development, demonstration, and technology applications program for converting wind energy into electricity and mechanical energy.

Under Section 4 of the Act the Secretary of Energy was directed to prepare a five-year program for small wind energy systems, an eight-year program for large wind energy systems, and a three-year program for wind resource assessment.

Section 5 of the Act required the Secretary to initiate research and development, or accelerate existing research and development, in areas in which lack of knowledge limited the widespread utilization of wind energy systems.

Section 6 required the Secretary to establish a technology application program for wind energy systems to achieve the Act's purposes by reducing unit costs of wind energy systems through mass production and by determining operating and maintenance costs through broad operational systems experience.

Under Section 7 the Secretary was required to initiate a three-year national wind resource assessment program, including activities to validate existing assessments of known wind resources, performance of such assessments in regions of the United States where use of wind energy might prove feasible, initiation of a general site prospecting program, establishment of standard wind data collection and siting techniques, and establishment, in consultation with the Administrators of the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, and the Environmental Protection Agency, of a national wind data center to make public information available on the known wind energy resources of various United States regions.

Section 11, "Analysis of Applications of Wind Energy Systems", required the Secretary, inter alia, to initiate and conduct a federal applications study for wind energy systems to determine the potential for their use at specific federal facilities and to study the effects, at varying levels of market penetration, of widespread utilization of wind energy systems on the existing electrical utility system. Section 11, paragraph 5 required the Secretary to initiate and conduct a study involving the prospects for applications of wind energy systems for power generation in foreign countries, particularly lesser developed countries, and the potential for the exploration of these energy systems.

94 Stat. 1139, 1145-1146.

Development of Renewable Energy Resources: Caribbean and Pacific Territories and Areas

Public Law 96-597, approved December 24, 1980, 94 Stat. 3477, authorized appropriations for American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands and Guam.

Several provisions under Title VI of the act were directed toward the economic betterment of these territories, among them section 604, regarding development of renewable energy resources of the insular areas.

In section 604, the Congress found that these areas were virtually completely dependent on imported sources of energy and that such dependence would continue to frustrate their development by placing increasingly severe fiscal burdens on local governments. It also found that the areas were endowed with renewable sources of energy which, if developed, would alleviate such dependence, relieve local governments, and strengthen the base for development.

Declaring it to be Federal Government policy to develop the renewable energy resources of the areas and to assist other insular areas in the Caribbean and Pacific Basins in similar fashion, the

Congress directed the Secretary of Energy to prepare and to submit within two years from the date of enactment a comprehensive energy plan emphasizing indigenous renewable energy sources in these areas. The plan was to cover, inter alia, the availability and development potential of such sources as solar, wind, hydropower, ocean current and tidal, biogas, biofuel, geothermal, and ocean thermal energy.

94 Stat. 3477.

89

Communications and Transportation

Telecommunications

International Telex Service

On February 15, 1980, the Federal Communications Commission released a Report, Order, and Further Notice of Proposed Rulemaking (Order No. FCC 79-844, adopted on December 12, 1979) in the matter of Interface of the International Telex Service With the Domestic Telex and TWX Services, Docket No. 21005.

In instituting the proceeding in 1976 (Customer Use of Telex Service, 62 F.C.C. 2d 414), the Commission had included in its Notice a three-part proposed policy that would require: (1) interconnection of the various international teleprinter exchange (telex) networks with each other; (2) full interconnection of the international telex networks with the domestic telex and teletypewriter exchange (TWX) networks; and (3) reformation of the unified rate structure under which international telex service was then being offered, so as to separate the provision of terminal equipment and network access (tielines) from transmission and to require imposition of separate cost-based charges for each.

In its order, the Commission adopted a policy under which in the public interest it required all common carriers engaged in the provision of international telex service to interconnect with each other upon demand for such interconnection. Further, it required any common carrier engaged in providing international telex service to interconnect upon demand with any domestic carrier providing a telex-compatible service, for the purpose of providing joint through international telex service.

In order to reform the existing unified telex rate structure, the Commission also ordered named international record carriers (IRC's) to file new telex tariffs that separated the provision of terminal equipment, network access, and transmission and that imposed separate, cost-based charges for each element.

Finally, the Commission ordered further rulemaking to determine if deregulation of the provision of international telex terminal

equipment by carriers would be in the public interest.

76 F.C.C. 2d 61.

—J.D.E.

Radio Regulations (Geneva 1959): Partial Revision Relating to the Aeronautical Mobile (R) Service (Geneva 1978)

On January 24, 1980, President Carter transmitted to the Senate, for advice and consent to ratification, the Partial Revision of the Radio Regulations (Geneva 1959), adopted at the World Administrative Radio Conference on the Aeronautical Mobile (R) Service, held under the auspices of the International Telecommunication Union at Geneva, February 6-March 5, 1978. The Partial Revision was signed on behalf of the United States on March 5, 1978.

The Radio Regulations, done at Geneva, December 21, 1959 (TIAS 4893; 12 UST 2377; entered into force for the United States, October 23, 1961), had been revised with respect to the Aeronautical Mobile (R) Service at Geneva, April 29, 1966 (TIAS 6332; 18 UST 2091; entered into force for the United States, August 23, 1967, except for the frequency allotment plan in Appendix 27, which entered into force April 10, 1970). The 1978 Partial Revision included a revision of the existing frequency allotment plan, thenceforth to be known as Appendix 27 Aer 2 to the Radio Regulations; the revised frequency allotment plan was to take effect at 0001 hours, Greenwich Mean Time, on February 1, 1983.

Richard E. Shrum, International Transportation and Communications Officer in the Office of International Telecommunications Policy of the Department of State's Bureau of Economic and Business Affairs, testified in support of the Partial Revisions before the Senate Committee on Foreign Relations on July 22, 1980. His statement follows:

The Partial Revision of the Radio Regulations, which is before the Committee, was made by the 1978 World Administrative Radio Conference for the Aeronautical Mobile (R) Service. The principal features of the Partial Revision are consistent with United States interests and are summarized as follows:

A revision of the Frequency Allotment Plan based on the use of single sideband technology for voice communication, providing spectrum utilization more than twice as efficient as the outmoded double sideband technology on which the existing Plan is based. The result was an increase in the number of channels available to the aeronautical mobile (R) service, in the frequency bands treated by the Conference, from 171 to 411.

A revision of the borders of three categories of aeronautical communication areas due to changes in airline operational patterns and the emergence of new countries since the last aeronauti