Attachment Attachment

This document pretains to SAT-PPL-20100104-00001 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2010010400001_792527

                                       Attachment 1:
                         Responsive to Questions 34, 36, 40, and 42a


I.     FOREIGN OWNERSHIP – RESPONSIVE TO QUESTION 34

        The Commission previously approved the foreign ownership in Intelsat North America
LLC (“Intelsat North America”) in the Intelsat-Serafina Order.1 In December 2009, the
Commission also approved the pro forma changes in Intelsat North America’s foreign ownership
that are the subject of this request to update the ownership of the Galaxy 23 satellite (call sign
S2592) on the Permitted Space Station List.2 There have been no other material changes to
Intelsat North America’s foreign ownership since this foreign ownership was approved in the
Intelsat-Serafina Order.

II.    CANCELLED AUTHORIZATIONS – RESPONSIVE TO QUESTION 36

        Intelsat North America has never had an FCC license “revoked.” However, on June 26,
2000, the International Bureau “cancelled” two Ka-band satellite authorizations issued to Intelsat
North America’s affiliate, PanAmSat Licensee Corp. (“PanAmSat”), based on the Bureau’s
finding that PanAmSat had not satisfied applicable construction milestones.3 In that same order,
the Bureau denied related applications to modify the cancelled authorizations. PanAmSat filed
an application for review of the Bureau’s decision, which the Commission denied, and
subsequently filed an appeal with the United States Court of Appeals for the District of
Columbia Circuit, which was dismissed in January 2003 at PanAmSat’s request.
Notwithstanding the fact that the Bureau’s action does not seem to be the kind of revocation
action contemplated by question 36, Intelsat North America is herein making note of the decision
in the interest of absolute candor and out of an abundance of caution. In any event, the Bureau’s
action with respect to PanAmSat does not reflect on Intelsat North America’s basic
qualifications, which are well-established and a matter of public record.

III.   OFFICERS, DIRECTORS AND TEN PERCENT OR GREATER
       SHAREHOLDERS – RESPONSIVE TO QUESTION 40

Following are the officers of Intelsat North America LLC:



1
       Intelsat Holdings, Ltd. and Serafina Holdings Limited, Consolidated Application for
       Consent to Transfer of Control of Holders of Title II and Title III Authorizations,
       Memorandum Opinion and Order, 22 FCC Rcd 22,151 (2007) (“Intelsat-Serafina
       Order”).
2
       See Policy Branch Information; Actions Taken, Report No. SAT-00652, DA 09-2538
       (rel. Dec. 4, 2009).
3
       See PanAmSat Licensee Corp., Memorandum Opinion and Order, 15 FCC Rcd 18720 (IB
       2000).


       Michael McDonnell, Chairman
       Andrew Stimson, Deputy Chairman
       Phillip Spector, Secretary
       Simon Van De Weg, Director, Finance

Following are the members of the Board of Managers of Intelsat North America LLC:

       Michael McDonnell
       Andrew Stimson
       Phillip Spector

       The address of all Intelsat NA officers is:

       23 avenue Monterey
       L-2086 Luxembourg

         Intelsat North America LLC is wholly owned by Intelsat LLC, a Delaware limited
liability company. Intelsat LLC is wholly owned by Intelsat Holdings LLC, a Delaware limited
liability company. Intelsat Holdings LLC is wholly owned by Intelsat Subsidiary Holding
Company, S.A., a Luxembourg company. Intelsat Subsidiary Holding Company, S.A. is wholly
owned by Intelsat Intermediate Holding Company, S.A., a Luxembourg company. Intelsat
Intermediate Holding Company, S.A.. is wholly owned by Intelsat Jackson Holdings, S.A., a
Luxembourg company. Intelsat Jackson Holdings, S.A. is wholly owned by Intelsat
(Luxembourg), S.A., a Luxembourg company. Intelsat (Luxembourg), S.A. is wholly owned by
Intelsat, S.A., a Luxembourg company. Intelsat, S.A. is wholly owned by Intelsat Holdings,
S.A., a Luxembourg company. Intelsat Holdings, S.A. is wholly owned by Intelsat Global
Subsidiary, S.A., a Luxembourg company. Intelsat Global Subsidiary, S.A. is wholly owned by
Intelsat Global, S.A., a Luxembourg company (“Intelsat Global”, formerly “Serafina Holdings
Limited”). Intelsat Global, S.A.’s ownership was approved by the Commission in the Intelsat-
Serafina Order, has not changed materially and is incorporated by reference.4

IV.    NOTIFICATION OF TRANSFER OF CONTROL OF PERMITTED SPACE
       STATION LIST SATELLITE – RESPONSIVE TO QUESTION 42A

       Intelsat North America, pursuant to the Satellite Licensing Streamlining Order5 and
Section 25.137(g) of the Commission’s rules,6 hereby notifies the Commission of a pro forma
change in ownership. Intelsat North America is the owner of the C-band portion of Galaxy 23
(formerly Intelsat Americas 13), an in-orbit satellite licensed by Papua New Guinea located at
121° W.L., with the call sign S2592. The Federal Communications Commission added Galaxy

4
       See supra note 1.
5
       See Amendment of the Commission’s Space Station Licensing Rules and Policies, First
       Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 10760, at ¶¶
       326-27 (2003) (“Satellite Licensing Streamlining Order”).
6
       47 C.F.R. §25.137(g).


                                                -2-


23 (then named Telstar 13) to the Permitted Space Station List (“Permitted List”) with conditions
on August 8, 2003,7 and subsequently approved a change in ownership of Galaxy 23 from Loral
SpaceCom Corporation to Intelsat North America on July 16, 2004.8

         The Commission recently authorized the pro forma transfer of control of various licenses
and authorizations held by the subsidiaries of Intelsat to Intelsat Global, S.A. (Luxembourg).9
This pro forma transfer of control was consummated effective December 15, 2009.10 Through
this transaction, Intelsat Global, S.A. (Luxembourg) became the indirect 100 percent owner of
Intelsat North America.

        As depicted in Exhibit 1, Intelsat North America was owned and controlled through
various directly and indirectly wholly-owned subsidiaries of Intelsat Global, Ltd., a Bermuda
entity. These subsidiaries include the following Bermuda entities, each of which was an indirect
parent of Intelsat North America: Intelsat Global Subsidiary, Ltd.; Intelsat Holdings, Ltd.;
Intelsat, Ltd.; Intelsat (Bermuda), Ltd.; Intelsat Jackson Holdings, Ltd.; Intelsat Intermediate
Holding Company, Ltd. and Intelsat Subsidiary Holding Company, Ltd. (together with Intelsat
Global, Ltd., the “Bermuda Entities”). Each of these Bermuda Entities was migrated to and
reorganized as a Luxembourg entity, becoming respectively: Intelsat Global, S.A.; Intelsat
Global Subsidiary, S.A.; Intelsat Holdings, S.A.; Intelsat, S.A.; Intelsat (Luxembourg), S.A.;
Intelsat Jackson Holdings, S.A.; Intelsat Intermediate Holding Company, S.A. and Intelsat
Subsidiary Holding Company, S.A. (collectively, the “Luxembourg Entities”). In connection
with this migration, Intelsat (Bermuda), Ltd. changed its name to Intelsat (Luxembourg), S.A.
The migration of the Bermuda Entities effected a pro forma transfer of control of Intelsat North
America. The migration did not affect the assets held by Intelsat North America or its ultimate
ownership and control. It was merely a change in corporate form and jurisdiction of
organization. The post-consummation holding structure for Intelsat North America is illustrated
in Exhibit 2. Consistent with the Commission’s rules, Intelsat North America will continue to
operate Galaxy 23 in accordance with the conditions of the original order adding Galaxy 23 to
the Permitted List11 unless otherwise notified by the Commission.12


7
       Loral SpaceCom Corp., Petition for Declaratory Ruling to Add Telstar 13 to the
       Permitted Space Station List, Order, 18 FCC Rcd. 16374 (2003) (Loral SpaceCom
       Petition”).
8
       Satellite Policy Branch Information, Public Notice, Report No. SAT-00227 (rel. July 16,
       2004).
9
       See Policy Branch Information; Actions Taken, Report No. SAT-00652, DA 09-2538
       (rel. Dec. 4, 2009).
10
       See Letter from Jennifer D. Hindin to Marlene H. Dortch, File Nos. SAT-T/C-20091125-
       00128, SAT-T/C-20091125-00124, SAT-T/C-20091125-00127, SAT-T/C-20091125-
       00125, SAT-T/C-20091125-00126, SES-T/C-20091125-01505, SES-T/C-20091125-
       01502, SES-T/C-20091125-01506, SES-T/C-20091125-01504, SES-T/C-20091125-
       01503, 0004042061 (filed Jan. 4, 2010).
11
       See Loral SpaceCom Petition at ¶ 31.


                                               -3-


        Intelsat North America recognizes that for transfers of control of Permitted List satellites,
the Commission has indicated that it would issue a public notice “announcing that the transaction
has taken place, and inviting comment on whether the transaction affects any of the
considerations made when the original satellite operator was allowed to enter the U.S. market.”13
However, this notification is for a pro forma transfer of control, and the Commission does not
generally issue a public notice seeking comments on applications for pro forma transfers of
control.14 Intelsat North America therefore requests that the Commission grant the requested pro
forma transfer of control of Galaxy 23 on the Permitted List without issuing a public notice
requesting comment.




12
       See Satellite Licensing Streamlining Order at ¶ 327 (“Permitted List satellites that have
       been transferred to new owners may continue to provide service in the United States
       unless and until the Commission determines otherwise.”).
13
       Id. at ¶ 326.
14
       See 47 C.F.R. § 25.151(c)(5).


                                                 -4-


                                      Exhibit 1




                                     Current shareholders
                                        approved in the
                                    Intelsat-Serafina Order




                                     Intelsat Global, Ltd.
                                          [Bermuda]


                                Intelsat Global Subsidiary, Ltd.
                                           [Bermuda]


                                    Intelsat Holdings, Ltd.
                                          [Bermuda]


                                         Intelsat, Ltd.
                                          [Bermuda]


                                     Intelsat (Bermuda),
                                        Ltd. [Bermuda]


                                 Intelsat Jackson Holdings,
                                       Ltd. [Bermuda]




Intelsat Intermediate Holding                                        Intelsat (Gibraltar)
  Company, Ltd. [Bermuda]                                             Limited [Gibraltar]


 Intelsat Subsidiary Holding                                       Intelsat (Luxembourg)
                                                                     Sarl [Luxembourg]
  Company, Ltd. [Bermuda]

                                                                    Intelsat (Poland) Sp.
   Intelsat Holdings LLC                                               z o.o. [Poland]
         [Delaware]
                                                                      Intelsat Holding
                                                                   Corporation [Delaware]
        Intelsat LLC
         [Delaware]
                                                                    Intelsat Corporation
                                                                         [Delaware]

  Intelsat North America
                                                                      50%
      LLC [Delaware]
                                                                   Horizons Satellite LLC
                                                                        [Delaware]


                                        Exhibit 2




                                     Current shareholders
                                    approved in the Intelsat-
                                        Serafina Order




                                     Intelsat Global, S.A.
                                        [Luxembourg]


                                Intelsat Global Subsidiary, S.A.
                                         [Luxembourg]


                                    Intelsat Holdings, S.A.
                                         [Luxembourg]


                                          Intelsat, S.A.
                                         [Luxembourg]


                                    Intelsat (Luxembourg),
                                      S.A. [Luxembourg]

                                  Intelsat Jackson Holdings,
                                       S.A. [Luxembourg]



Intelsat Intermediate Holding
                                                                       Intelsat (Gibraltar)
Company, S.A. [Luxembourg]
                                                                        Limited [Gibraltar]


 Intelsat Subsidiary Holding                                       Intelsat Luxembourg Finance
Company, S.A. [Luxembourg]                                         Company Sarl [Luxembourg]


                                                                        Intelsat Holding
                                                                     Corporation [Delaware]
   Intelsat Holdings LLC
         [Delaware]

                                                                       Intelsat Corporation
                                                                            [Delaware]]
        Intelsat LLC
         [Delaware]                                                      50%

                                                                      Horizons Satellite LLC
                                                                           [Delaware]
   Intelsat North America
       LLC [Delaware]



Document Created: 2010-01-04 12:24:12
Document Modified: 2010-01-04 12:24:12

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