Attachment Hispasat Attachment

This document pretains to SAT-PDR-20190321-00019 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR2019032100019_1638537

Attachment 1 Description of Transaction Hispasat, S.A. (“Hispasat”), pursuant to the Satellite Licensing Streamlining Order and Section 25.137(g) of the Commission’s rules, hereby notifies the Commission of a proposed change in ownership.1 Specifically, on February 12, 2019, Abertis Telecom Satélites, S.A.U. (“Abertis”) reached an agreement to sell its existing 89.68% controlling interest in Hispasat to Red Eléctrica Corporación, S.A. (“REC”) whereby REC will acquire the Abertis interest through its subsidiary Red Eléctrica Sistemas de Telecomunicaciones (RESTEL). The parties submit that the agreement will allow a significant expansion of the REC Group's telecommunications business towards new customer segments and geographical areas, in addition to exploring potential synergies with the REC Group’s existing fiber optic business.2 I. Officers, Directors and Ten Percent or Greater Shareholders – Responsive to Question 40 Hispasat, S.A. (“Hispasat”) is a limited company with 19 directors and 8 officers. Currently, only Abertis holds a 10% or greater interest in Hispasat.3 Following completion of the proposed transaction, Hispasat will have the following 10% or greater shareholders: Red Eléctrica Sistemas de Telecomunicaciones (“RESTEL”) will own 89.68% of the outstanding stock. RESTEL is a wholly-owned subsidiary of: Red Eléctrica Corporación, S.A. (“REC”). 1 See Amendment of the Commission’s Space Station Licensing Rules and Policies, First Report and Order and Further Notice of Proposed Rulemaking in IB Docket No. 02-34, 18 FCC Rcd 10760, 10880 (¶¶ 326-27) (2003) (“Satellite Licensing Streamlining Order”). Although the Satellite Licensing Streamlining Order and Section 25.137(g) contemplate a post-consummation notification, Hispasat is providing this notification prior to completion of the proposed transaction. The parties reserve the right to consummate the transaction and to continue to provide service subject to the provisions of the rule until and unless the Commission determines otherwise. To the extent that the transaction is consummated prior to a Commission determination on this notification, Hispasat will supplement the notification to reflect the consummation. 2 See Press Release, Red Eléctrica Corporación reaches an agreement with Abertis to acquire 89.68% of Hispasat for €949 million (Feb. 12, 2019), available at https://www.ree.es/en/press-office/press-release/2019/02/red-electrica-corporacion-reaches- agreement-abertis-acquire-89-68-per-cent-of-Hispasat-for-949-million-euros. 3 The remaining interests in Hispasat are held by Sociedad Estatal de Participaciones Industriales (“SEPI”), and Centro para el Desarrollo Tecnológico e Industrial (“CDTI”). The agreement between Abertis and REC does not contemplate any changes to these interests. 1

REC has one ten percent or greater shareholder: Sociedad Estatal de Participaciones Industriales (SEPI) (20%). SEPI also holds an existing 7.41% interest in Hispasat. II. Notification of Transfer of Control of Permitted Space Station List Satellites – Responsive to Question 42a Hispasat operates the following satellites, which have received authority to provide service in the United States and currently are included on the U.S. Permitted List (“Permitted Satellites”): 4 • S2746: HISPASAT 30W-4 (formerly HISPASAT-1D)5 • S2969: HISPASAT 30W-66 In light of this proposed change in control, Hispasat requests that the Commission issue a public notice announcing the proposed transaction and inviting comment on whether the transaction will affect any of the considerations made when Hispasat was allowed to enter the U.S. market. Consistent with the Commission’s rules, Hispasat will continue to operate its Permitted Satellites in accordance with the conditions of the respective orders adding them to the Permitted List unless otherwise notified by the Commission.7 As the Commission has noted, the ability of non-U.S.-licensed satellite operators to offer service to U.S. customers advances the public interest by enhancing competition in the U.S. market.8 The presence of Hispasat satellites on the Permitted List will continue to serve this important public interest by driving competition and improving services for U.S. based customers. 4 Hispasat also controls Hispamar Satelites, S.A. (“Hispamar”), which also owns two satellites on the Permitted List: Amazonas-2 (call sign S2793) and Amazonas-3 (call sign S2886). Separate applications are being filed with respect to the Hispasat and Hispamar Permitted List Satellites, but it is requested that the applications be processed together. 5 See Hispasat, S.A., Petition for Declaratory Ruling to Add HISPASAT-1D Satellite at 30° W.L. to the Permitted Space Station List, DA 03-3217, Order, 18 FCC Rcd. 21142 (rel. Oct. 15, 2003). Hispasat notified the Commission of the change in the name of this satellite to HISPASAT 30W-4 on February 10, 2016. 6 See Hispasat, S.A., Petition for Declaratory Ruling to Add HISPASAT 30W-6 Satellite nominally at 30º W L to the Commission’s Permitted Space Stations List for the Ku band, SAT- PPL-20160722-00064 (June 30, 2017) (Public Notice). 7 Satellite Licensing Streamlining Order at ¶ 327. 8 Satellite Licensing Streamlining Order at ¶ 285. 2

3

4


Document Created: 2019-03-21 14:22:37
Document Modified: 2019-03-21 14:22:37
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC