Attachment da 05-88

da 05-88

PUBLIC NOTICE submitted by FCC,IB

05-88

2005-01-14

This document pretains to SAT-PDR-20041228-00231 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR2004122800231_413475

ge PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION «is TwELrTH STREET S.W. wasHiNGroN, D.C. 205s¢ Ne neta nmnice ARAIMN "TecOvDcnad 2AIRDN ons lipfeeciege fpfepn pa 058 Released: January 14, 2005 Intelsat, Ltd. Files Petition for Declaratory Ruling and Certification Pursuant to Section 621(5)(F)of the Open—Market Reorganization for the Betterment ofInternational Telecommunications Act, as amended (the "ORBIT Act®) PLEADING CVCLE ESTABLISHED 1B Docket No. 05—18 Comments Due: February 14, 2005 Replies Due: March 1, 2005 On December 23, 2004, Itelst, Lid. (*Intlsar") filed with he Commission, Petition for Declaratory Ruling and attached certification," along wth a supplemental submission on January 14, 2005," pursuant to Section 621(5)() of he Open—Market Reorganization for the Bevterment of International Telecommunications Act,as amended (the "ORBI Act")." In its Petition for Declaratory Ruling, Intelsat seeks a Commission ruling that, upon consummation ofthe transaction with Zeus Holdings Limited (*Zeus"), as approved by the Rederal Communications Commission ("FCC‘) on December 22, 2004 (DA 04—4034),"Intlsatwill be in compliance with the requirement under Section * See Peitionfor Declaratory Ruling thatIntelst, L1d. Complies With Setion 621(5)(E) of he ORBTT Act and Cenifiationof Intelsat,Lad.ied by ConnyL. Kullman, Chief Executive Officer oInlsat, L. with the Sccretiry, Federl Communictions Commission,dted Decenber 23, 2004 ile No. SAT—PDR—20041228—00231 (Intesat Pettionfor Declaratory Ruling) * Intelsat replaced the Certfiation appended o ts Pettionor Declartory Raling with new Certfiation which referencesthe Commision‘s December 22, 2004 action on th transfeapplcation filed by Itelat and Zeus Holdings Limited, noted in note 4 infe. SeeIntelsat,Lid. Supplemental Submission. Pertionfor Declamtory Ruting thatInelsw, Lid. Comples Wih Section G21(5)(6)of the ORBTT Act, ile No. SAT—PDR—20041228—00231,ied with th Secretry, Federal Communications Commission, dard Jantary 14, 2004 (Pmelar Certficarion} > See Tile VI othe Communications Satelite Act of1962,a amended, 47 U.S.C. 5§ 701 er 09. which was added by the OperMarket Reorganizationforthe Bterment ofInemationalTelecommunications Ac, PubLaw 106—180, 114 Stat 48 (2000), most recenty amended by Pub.Law 108371, 118 Sut 1752 2004) (herein,°ORBIT Act). "The ORBIT Act was passed by Congress i 2000 to "promore a full compeuitve lobal market for sellze communications services bfully privaizing the intrgoversmentl satelite organizatons, INTEL.SAT and Inmarsat" ORBIT Act, § 2. An amendment o the ORBIT Act wassigned into lw on October 25,2004 providing an alernativemethod by which INTELSAT couldcomply with the privaizatio equirements ofSction 621(5)by adding new subsections ( and (G). See ORBIT Act §§ @215)D, @1GG) * On December 22, 2004, th Inernational Bureau (Burea) relesed anorde in IB Docket No.04—366, authorizing, subjectto cetain conditions, th transfer ofcontrl oIncls‘s it1 and Tite T Hccnses to Zzus. SeeIntcsot, La., Transfero, and Zes Holdings Limited, Transferee,Consolidted Applicatonfor Consent o Transtr Control

621(5XE) of the ORBIT Act® In ts Certifieation, Intelsatcrtifies, that upon consummation of Intelst‘s ransaction with Zeus Holdings Limited ("the Zeus Transaction*),which the FCC approved by Order dated December 22, 2004 (DA 04—4034): Intlsatwill achieve substantialdilution ofthe ageregate amount of former signatory financialinteresin Intelsatany signatories or former signatoriesthat retain a financial interest in Intelsatwill not possess,together or individually,effective control of Intelsat;" and no itergovermmental organization will have any ownership interest in a successor entity oIntelsa® "The ORBTT Act requires that Intelsat provide financial and other information to the Commission, as the Commission may require, to verifits Cenifcation." In its Petition for Declaratory Ruling, Itelsat states thatit has provided the information requisite for verfication of its cerification pursuant to Section 621(5)F)() and maintains that any financial or otheinformation necessary to verify is certifation is a matter of record before the Commission in the Zeus/Iwelsat proceeding, IB Docket No. 04—36." Intelsat sttes that in the course of thatproceeding, it provided information to the Commission in specific filigs,including: (1) IntelsauZeus* Consolidated Transfer of Contzol Application, filed on September 4, 2004; (2)an Ematum filed on September 10, 2004; and (3) Letters providing aditional ownership information, that can be used to conclusively verify Itelsat‘s ORBTP Act Certification."" We wl incorporate the full record in B Docket No. 04—366,including the filings specified by Intelsat and Zeus in its Pertion for Declaratory Ruling, into the record of this proceeding. These filings are available by accessing the Commission‘s Electronic Comment Filing System (ECFS) in IB Docket No. 04—366 and will b included as part oft record in this proceeding. Under the ORBTT Act,the Commission must determine, after ntice and comment, whether Intelsatis in compliance with the certification requirements under Section 621(S))."" Accordingly, we initite this proceeding to solicit comment on Intelsat‘s Petition for Declaratory Ruling and Certifieation: Interested partiesmay file comments no latethan February 14, 2005. Repliesto such comments must be of HoldersofTt I and Tite 11 Authorizaions and Pertion for Declartry Rulin under Sectins 310 of the Communications Act of 1934,as amended, Order and Authoriton, DA 04—4034 (It‘ Bur.rel.Dec. 22, 2006) (Zess/lntelsat Order and Authorization). Under th terms of the Zeusltalst Order and Authorization,Zeus and lntesat must complet the transaction by Februry 22, 2005, sity daysater the release date othe order. See ‘Zeuslintelsat Order and Authorization a para.51. See alsoSetion 25.119() of the Commission‘srles, 47 CFR s2s190. * See Iresor Pettion or Declaratory Ruling 12. See also, ORBIT Act, 5§ 621(®(PC)0).0Dand (ID. * See ORBTT Act, § 621(3)EG)(). Unde thisprovision.Intelst mustcetify that it has achievedsubstantal dilution othe agaregate amount ofsignatory orformer signator financialinteres in successo entts of INTELSAT, The term "substanta dilition"i deined undertheamended ORBIP Actto mean that a majoriyof the financiliterests in ntelsat are n longerheld or contrlld, iecty or ndiect,bysignatores o former signatories. See ORBIT Act, 5 G21G)G)— 7 See ORBIT Act 5 @1®0@0D * See ORBIT Act, 6 @IO®@0D. * onart aa, ss eeo)etn "* See Inelat Pettion for Declaratory Ruling at 45. Inelsatncorporates byreferenc thflings submited with respect to ts Consolidated Application for Consentto Transr Contol of Tite 1 and Tt 11 Auhorizaion from InelsttoZeus. "* Intelsat Partion for Declaratory Ruling 45. " onatt «. s6 ee1@)®0i0. %

filed no laterthan March 1, 2005. All lings concerning matters referenced in this Public Notice should refer to IB Docket No. 05—18. Under the Commission‘s currentprocedures for the submission offilings and other documents," submissions in this matter may be filed electronically (Le., though ECFS) or by hand delivery t the Commission‘s Massachusets Avente location. + If ied by ECBS,/"comments shall be sent as an electronic fle via the Internet to hitpsliwwnfee.goviefilelecfshtml. In completing the transmittal sereen, commenters should include thei ful name, Postal Service mailingaddress, anthe applicable docket number. Parties may also submit an electronic comment by Internet e—mail. To get fling instructions for e—mail comments, commenters should send an e—mail t ecfs@fec.gov, and should include the following words in the body of the message, "get form <your e—mail address>." A sample form and directions willbe sent in reply * Affiled by paper,thoriginal and four copies of each fling must be filed by hand or messenger delivery, by commercial overight courir, o by first—class or overnight U.3.Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission‘s contractor, Natek, Inc., will receive hand—delivered or messenger.delivered paper filings for the Commission‘s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The fling hours at this location are 8:00 a.m. t7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial ovemight mail (other than U.S. Postal Service Express Mail and Priorty Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postl Service firs—class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554 All filings must be addressed to the Commission‘s Secretary, Office of the Secretary, ederal Communications Commission. One copy of each pleading mustbe delivered electronically,by e—mail or facsimile, or if delivered as paper copy, by hand or messenger delivery, by commercial overnightcourier,or by first— class or overnight U.S. Postal Service mail (aecording tothe procedures set forth above for paper lings), to: (1the Commission‘s dupliating contractor, Best Copy and Printing, Inc.atfec@bcpiweb.com or (202) 488—5563 (facsimiley; (2) JoAnn Lucanik, Satelite Division, International Bureau, at JoAnn Lucanik@fcc.gov, o(202) 418—0748 (Facsimile};(3) Marilyn Simon, Satelte Division, Interational Bureau, at Marilyn.Simon@fee.gov, or (202) 418—0748 (facsimile); (4) Louise Klees— Wallace, Satelite Division, Itermational Bureau,at LouieKlees—Wallace@cegov, or (202) 418—0748 (facsimile); (5) Neil Dellr, Office of General Counsel,at NeilDellar@fee.gov, or (202) 418—1234 (facsimile) Copies of the applications and any subsequenty—filed documents in this matter may be obtained from Best Copy and Printing, Ic.in person at 445 12th Street, S.W., Room CY—B402, Washington, D.C. 20554, via telephone at (202) 488—5300, via facsimile at (202) 488—5563, or via —mail t ®: See Inplementation of Interim Electonic Filing Proceduresfr Centain Commision Filings, Order, 16 FCC Red 21483 (2001);se also FCC Announces a New Filing Location forPaper Documentsand a New Fax Numberfor General Corespondence,Public Notice, 16 FCC Red 22168 2001); Reminder: Fling Locations for Paper Documentsand Instructionsfor Mailing Elecronic Media, Pubic Nore, 18 FCC Red 16708 (2003)— !* See Electrnic Filing of Documents iRulemaking Proceedings, GC Docket No.97—113, Report and Order, 13 ree Red 11322 (1998)

fec@bepinch.com. The applications and any associated documents are also available for public inspection and copying during normal reference room hours atthe following Commission office: FCC Reference Information Center, 445 12th Street, S.W., Room CY—A257, Washington, D.C. 20554. The applicationsare also available electronically through the Commission‘s BCFS, which may be accessed on the Commission‘s Internet website athtp=/\wwo.fec.gov. Alternate formats of this public notice (computer distet, arge print, audio recording, and Braille) are available to persons with disabilies by * contacting Brian Milin at (202) 418—7426 (voice), (202) 418—7365 (TTY), o send an e—mail to access@feegov For furher information, contact JoAnn Lucanik, Satelite Division, Internationa! Bureau, at (202) 418—0719 or Losise Kiees—Wallace, Stellite Division, International Bureau, at(202) 418—1321. «cC—


Document Created: 2005-01-14 14:37:15
Document Modified: 2005-01-14 14:37:15
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