Attachment reply

reply

REPLY submitted by Intelsat

reply to SES

2004-05-24

This document pretains to SAT-MSC-20040210-00027 for Miscellaneous on a Satellite Space Stations filing.

IBFS_SATMSC2004021000027_376069

Jennifer D. Hindin 1776 K STREET NW May 19,2004 202.719.4975 WASHINGTON, DC 20006 PHONE 202.719.7000 jhindin@wrf.com FAX 202.719.7049 F@WAL COMMUNICATIONS C O W I S O N Marlene H. Dortch OFFICE OF THE SECRETARY Virginia Office 7925 JONES BRANCH DRIVE Secretary SUITE 6200 Federal Communications Commission McLEAN, VA 22102 445 1 2 ‘ ~Street, N.W. PHONE 703.905.2800 Washington, D.C. 20554 FAX 703.905.2820 Re: Inmarsat Ventures Limited, File No. SAT-MSC-20040210-00027 w ww.wrf .corn Dear Ms. Dortch: Intelsat hereby responds to the letter filed on May 13, 2004 by SES AMERCOM, lnc. (“SES”) in the above referenced proceeding in order to correct a mischaracterization made by SES and to clarify the record. As an initial matter, Intelsat previously has not participated in this proceeding and takes no position on the issues raised in it. Intelsat strenuously objects to SES’s gratuitous attempt, in its May 13 letter, to attribute a position on the issues to lntelsat based on a mischaracterization of comments made by Intelsat’s Chief Executive Officer. In its May 13 letter, SES quotes two statements made by Intelsat Chief Executive Officer Conny Kullman. SES then asserts that those two statements “support the position taken by SES AMERJCOM and others in the instant proceeding: that Inmarsat’s transactions do not suffice to satisfy the clear and unambiguous directive of Congress that Inmarsat conduct an 1PO of equity securities.”’ In fact, as explained below, Mr. Kullman’s statements provide no such support. In his first statement, Mr. Kullman is quoted as saying that “the ORBIT legislation is very clear in requiring an P O . It uses that term very clearly.”* The statement is accurate: the ORBIT Act does very clearly use the term “initial public ~ f f e r i n g . ” ~ Mr. Kullman’s statement does not, however, express a view as to whether the term “initial public offering” requires an offering of equity securities. ’Letter from Phillip L. Spector, Paul, Weiss, Riflund, Wharton & Garrison LLP, Attorneys for SES Americom, Inc. to Marlene H. Dortch, Secretary FCC, at 2 (dated May 13, 2004) (“SES Letter”). ’Id. See Open-Market Reorganization for the Betterment of International Telecommunications Act, Pub. L. No. 106-180, 114 Stat. 48, Section 621(2) (Mar. 17, 2000).

Rhley Rein & Fielding LLP Ms. Marlene Dortch, Secretary May 19,2004 Page 2 In his second statement, Mr. Kullman is quoted as saying that for Intelsat to satisfy the ORBIT Act P O requirement via a buyout similar to Inmarsat’s, it would “need a ruling from the FCC [on the Inmarsat request] which is different from the interpretation we have This statement merely refers to the fact that the only interpretation of the ORBIT Act term “initial public offering” taken to date by the FCC involved the offering of equity securities by New Skies Satellites, N.V. Again, Mr. Kullman’s statement did not express a view as to whether the term “initial public offering” requires an offering of equity securities. Again, Intelsat is extremely troubled by SES’s attempt to manufacture support for its position where none exists. This tactic is reminiscent of SES’s earlier attempt to paint a picture for the Commission that was less than a ~ c u r a t e .To ~ be sure, SES is entitled to argue its position to the Commission. It should not, however, attempt to put inaccurate words in the mouths of other parties. cc: Attached Certificate of Service 4 SES Letter at 2. The FCC previously reprimanded SES for misstating its aggregate foreign ownership to the Commission. Applications of General Electric Capital Corp., Traizsferors, SES Global, S.A. Transferees, For Consent to Transfer of Control of Liceizses and Autliorizatiorzs Pursuant to Sections 214(a) arid 31O(d)of the Conzimnicatiorzs Act and Petition for Declaratory Ruling Pursuant to Section 3109b)(4)of the Coi?zmuizicatioizsAct,16 FCC Rcd 18878 (2001) (“Indeed, we are concerned that the Applicants may have violated one or more of the Commjssion’s rules, including Section 1.17. Accordingly, we are referring this mater to the Enforcement Bureau .’7.

CERTIFICATE OF SERVICE I, Claudia L. Cartagena, hereby certify that on May 19,2004,I caused a copy of the foregoing Response to SES Letter to be mailed via first-class postage prepaid mail to the following: Alan Auckenthaler Bruce A. Henoch Vice President & General Counsel Assistant General Counsel Inmarsat, Inc. Telenor Satellite Services, Inc. 1050 Connecticut Avenue, N.W. 1101 Wootton Parkway, 1lothFloor Suite 1000 Rockville, MD 20852 Washington, DC 20036 Attorney for Teleizor Satellite Services, Inc. William M. Behan Lon C. Levin Vice President, Washington Affairs Vice President John Deere Public Affairs Worldwide Mobile Satellite Ventures Subsidiary LLC 1808 I Street, NW 10802 Park Ridge Boulevard Washington, DC 20006 Reston, VA 20191 Gary M. Epstein Bruce D. Jacobs John P. Janka David S. Konczal Alexander D. Hoehn-Saric Shaw Pittman LLP Latham & Watkins LLP 2300 N Street, NW 555 Eleventh Street, NW, Suite 1000 Washington, DC 20037 Washington, DC 20004-1304 Attorneys for Mobile Satellite Ventures Attorneys ,for Iiziiiursat Ventures Limited Subsidiary LLC Eliot J. Greenwald Alfred M. Mamlet Swidler Berlin Shereff Friedman, LLP Chun Hsiang Mah 3000 K Street, NW, Suite 300 Steptoe & Johnson LLP Washington, DC 20007 13330 Connecticut Ave., NW Washington, DC 20036 Attorney for Deere & Company Attorneys for Stratos Mobile Networks, Inc. and Stralos Coi?znzuizicatiorzs,Inc. Qualex International Policy Branch Portals I1 Satellite Division, International Bureau Federal Communications Commission Federal Communications Commission 445 12th Street, SW, Room CY-B4202 445 1 2 ' ~Street, sw Washington, DC 20554 Washington, DC 20554

Phillip L. Spector Patrick S . Campbell Brett M. Kjtt Paul, Weiss, Riflund, Wharton & Garrison LLP 1615 L. Street, NW Washington, DC 20036 Attorneys for SES AMERICOM, IIX. -2-


Document Created: 2004-06-01 12:17:48
Document Modified: 2004-06-01 12:17:48
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