Attachment Satelites Mexicanos

Satelites Mexicanos

DECISION submitted by IB,FCC

Grant

2013-12-24

This document pretains to SAT-PPL-20131120-00137 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2013112000137_1033407

8287§         _SAT-PPL-20131120-00137        1B2013002674
                                                                                  | file# SBt— PPL 20131120 —003]
Satelites Mexicanos S. A. de C.
Satmex 8 et al.
                                V.                                                              s2012,/s2kaS)/ s2589
                                                                                    Call Sign efi /GrzmtDZte                 ‘Z/ZQZB
                                                                                    (or other identifier)
                                                                                                              Term Dates                  Approved by OMB
                                                                                    From 12/24/13                   To:                         3060—0678
                                                                                  | Approved:
   Date & Time Filed: Nov 20 2013 9:32:36:656PM
   File Number: SAT—PPL—20131120—00137                                                                  5             . Duall
   Callsign/Satellite ID: $2914                                                                             ChiefSabellite PblicyBranch
                           APPLICATION FOR SATELLITE SPACE STATION AUTHORIZATIONS                                          FCC Use Only
                                              FCC 312 MAIN FORM
                                            FOR OFFICIAL USE ONLY


   APPLICANT INFORMATION
   Enter a description of this application to identify it on the main menu:
   Petition for Declaratory Ruling in Connection With Change in Ownership and Control
        1—8. Legal Name of Applicant
                Name:          Satelites Mexicanos S. A. de C. V.   Phone Number:                              1152—55—26290—5828

                DBA Name:                                           Fax Number:                                1152—55—2629—5865
                Street:        Av. Paseo de la Reforma 222, Piso    E—Mail:                                   mgallego@satmex.com
                               20 y 21, Col. Juarez



                City:          Mexico City
                Country:        Mexico
                Attention:     Maria A. Gallego


                                    Attachment to Grant
                              Satélites Mexicanos, S.A. de C.V.
                           IBFS File No. SAT—PPL—20131120—00137
                               Call Signs $2873, $2695, $2589

On November 20, 2013, Satélites Mexicanos, S.A. de C.V. notified the Commission, pursuant to
Section 25.137(g) of the Commission‘s rules, of a planned transfer of control. Satélites
Mexicanos states that its control will be transferred to Eutelsat S.A. The notification of planned
transfer was placed on Public Notice on November 22, 2013. See Public Notice, Report No.
SAT—00981. The Commission did not receive any comments. After review, the Satellite
Division has determined that the planned transfer of control of Satélites Mexicanos will not
affect any of the considerations made when the Mexican—licensed Satmex 5 (82589), Satmex 6
(S2695), and Satmex 8 (S2873) satellites were initially granted U.S. market access. See Protocol
Concerning the Transmission and Reception of Signals from Satellites for the Provision of
Direct—to—Home Satellite Services in the United States of America and the United Mexican
States, November 8, 1996. Upon receipt of notice of consummation of the transaction, the
Permitted Space Station List will be updated to provide information concerning the transfer of
control.


  9—16. Name of Contact Representative
            Name:            Carlos M. Nalda                      Phone Number:                       202—626—6659
            Company:         Squire Sanders                       Fax Number:                         202—626—6780
            Street:          1200 19th Street, NW                 E—Mail:                             carlos.nalda@squiresanders.com


                            Suite 300
            City:           Washington                            State:                               DC

            Country:         USA                                  Zipcode:                            20036      =
            Attention:                                            Relationship:                       Legal Counsel


CLASSIFICATION OF FILING
17. Choose the buttonnext to the                   b.
classification that applies to thisfiling for   «74 b1. Application for License of New Station
both questions a. and b. Choose only one        (N/A) b2. Application for Registration of New Domestic Receive—Only Station
for 17a and only one for 176.                   (N/A) b3. Amendment to a Pending Application
   a                                            (N/A) b4. Modification of License or Registration
     *              .                           (N/A) b5. Assignment of License or Registration
(N/A) al. Earth Statlfm                         (N/A) b6. Transfer of Control of License or Registration
   @ a2. Space Station                          (N/A) b7. Notification of Minor Modification
                                                (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite

                                                C b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States
                                                {‘4; b10. Replacement Satellite Application — no new frequency bands
                                                {4 b11. Replacement Satellite Application — new frequency bands (Not eligible for streamlined
                                                processing)                                                           L
                                                ) b12. Petition for Declaratory Ruling to be Added to the Permitted List
                                                (N/A) b13. Other (Please specify)


  17¢. Is a fee submitted with this application?
C3 IfYes, complete and attach FCC Form 159.
  If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114).
  C Governmental Entity          &4 Noncommercial educational licensee
@ Other(please explain):        Non—feeable submission


17¢. Fee Classification


18. If this filing is in reference to an existing station, enter:
(a) Call sign of station:
    Not Applicable




19. If this filing is an amendment to a pending application enter:
(a) Date pending application was filed:                                     (b) File number of pending application:

Not Applicable                                                              Not Applicable


TYPE OF SERVICE
20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply:

@ a. Fixed Satellite
D b. Mobile Satellite
D c. Radiodetermination Satellite
D d. Earth Exploration Satellite
D e. Direct to Home Fixed Satellite
D £. Digital Audio Radio Service
E] g. Other (please specify)


21. STATUS: Choose thebutton next to the applicable status. Choose       22. If earth station applicant, check all that apply.
only one.                                                                Not Applicable
   C Common Carrier @ Non—Common Carrier

23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one.Are these
facilities:
     3 Connected to a Public Switched Network        £74 Not connected to a Public Switched Network        & N/A

24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s).
E a. C—Band (4/6 GHz)       E b. Ku—Band (12/14 GHz)
  D c.Other (Please specify upper and lower frequencies in MHz.)
          Frequency Lower:      Frequency Upper: (Please specify additional frequencies in an attachment)


TYPE OF STATION
25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one.

 (N/A) a. Fixed Earth Station
 (N/A) b. Temporary—Fixed Earth Station
 (N/A) c. 12/14 GHz VSAT Network
 (N/A) d. Mobile Earth Station
 & e. Geostationary Space Station.
 34 f. Non—Geostationary Space Station
 4 g. Other (please specify)




26. TYPE OF EARTH STATION                FACILITY: Not Applicable
PURPOSE OF MODIFICATION

 27. The purpose of this proposed modification is to: (Place an "X" in the box(es) next to all that   Not Applicable
 apply.)

 ENVIRONMENTAL POLICY


 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental     C Yes @ No
 impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of
 the Commission‘s rules, 47 C.F.R. §§ 1.1308 and 1.1311, as an exhibit to this application. A Radiation Hazard
 Study must accompany all applications for new transmitting facilities, major modifications, or major amendments.


 ALIEN OWNERSHIP
Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station
services are not required to respond to Items 30—34.


29. Is the applicant a foreign government or the representative of any foreign government?                                «3 Yes @ No




30. Is the applicant an alien or the representative of an alien?                                                          @Y° No 3 N/A




31. Is the applicant a corporation organized under the laws of any foreign government?                                    @©Y" GN° N/A




32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or voted by       @Y°" gqGN) N/A
aliens or their representatives or by a foreign government or representative thereof or by any corporation organized
under the laws of a foreign country?




33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than          @®Y° gqN) 1 N/A
one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign
government or representative thereof or by any corporation organized under the laws of a foreign country?




34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or   Resp to Q34
foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote.


BASIC QUALIFICATIONS


35. Does the Applicant request any waivers or exemptions from any of the Commission‘s Rules?                             C Yes @ No
 IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents.




36. Has the applicant or any party to this application or amendment had any FCC station authorization or license         C3 Yes   ®'No
revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or
construction permit denied by the Commission? IfYes, attach as an exhibit, an explination of circumstances.




37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling    C3 Yes   @No
the applicant ever been convicted of a felony by any state or federal court? IfYes, attach as an exhibit, an
explination of circumstances.




38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant,        O Yes    @No
guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or
indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other
means or unfair methods of competition? IfYes, attach as an exhibit, an explanation of circumstances




39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending   0 Yes    @No
matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.


40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names,
address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer‘s
voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of
beneficiaries. Also list the names and addresses of the officers and directors of the Filer.




41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is          Yes 4 No
subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of
1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See
47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes.




42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? IfYes,     # Yes ; No
answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No,
proceed to question 43.




42b. What administration has licensed or is in the process oflicensing the space station? If no license will be
issued, what administration has coordinated or is in the process of coordinating the space station? Mexico


43. Description. (Summarize the nature of the application and the services to be provided).      (If the complete description does not appear in this
box, please go to the end of the form to view it in its entirety.)
     Petition for Declaratory Ruling in Connection With Change in Ownership and Control




  Petition



43a. Geographic Service Rule Certification                                                                                     @ A
By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic
coverage requirements specifiedin 47 C.FR. Part 25.
                                                                                                                               OB
By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements.
                                                                                                                               4 C
By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not
feasible as a technical matter to do so, or that, while technically feasible, such services would require so many
compromises in satellite design and operation as to make it economically unreasonable. A narrative description
and technical analysis demonstrating this claim are attached.


CERTIFICATION
The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the
United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this
application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit
in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application.
The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are
true, complete and correct to the best of his or her knowledge and belief, and are made in good faith.


44.   Applicant is a (an): (Choose the button next to applicable response.)


 C3 Individual
 g74 Unincorporated Association
 C3 Partnership
 {&) Corporation
 «y Governmental Entity
 «74 Other (please specify)



45. Name of Person Signing                                               46. Title of Person Signing
Fernanda Ramo Reynoso                                                    General Counsel

47. Please supply any need attachments.
 1:                                              2:                                               3:




           WILLEFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                   (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                   (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).




10


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11


                                  Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                                    Washington, D.C. 20554

In the Matter of




                                               No/ No NY NY N N) Ned N)
Satélites Mexicanos, S.A. de C.V. Petition                                    File No.:
for Declaratory Ruling in Connection With                                     Call Signs: $2589, $2695, S2873
Change in Ownership and Control Pursuant
to 47 C.F.R. §25.137(g)



                       PETITION FOR DECLARATORY RULING
                   IN CONNECTION WITH CHANGE IN OWNERSHIP
                   AND CONTROL PURSUANT TO 47 C.F.R. §25.137(g)

       Satélites Mexicanos, S.A. de C.V. ("Satmex"), a Mexican corporation, respectfully

submits this filing in connection with a change in ownership and control of three satellites on the

Commission‘s Permitted Space Station List ("Permitted List").

       In accordance with the Satellite Licensing Streamlining Order | and Section 25.137(g)" of

the Commission‘s rules, Satmex hereby notifies the Commission that its indirect ownership and

control will be transferred to Eutelsat S.A. ("Eutelsat"), a société anonyme organized under the

laws of France "so that the Commission can afford interested parties an opportunity to comment

on whether the proposed transaction affects any of the considerations *" that the Commission

relied upon when granting Satmex access to the U.S. market using Satmex 5 (Call Sign: $2589),*

Satmex 6 (Call Sign: $2695),° and Satmex 8 (Call Sign: 82873).6



\ See Amendment ofthe Commission‘s Space Station Licensing Rules and Policies, First Report
and Order, 18 FCC Red 10760, $€326—327 (2003) ("Satellite Licensing Streamlining Order").

> 47 CFR. § 25.137(g).
3 47 CFR. § 25.137(g).
* Grant ofAuthority, IBFS File Nos. SAT—PPL—20121218—00217, SAT—APL—20130308—00028,
Call Sign: $2589 (May 31, 2013) (granting the petition of Satmex to add the Satmex 5 space
                                                                          1


   1.       SATELLITES

         Satmex 5, Satmex 6 and Satmex 8 are satellites licensed by Mexico. Satmex 5 is

currently in—orbit and operational at 114.9°W, Satmex 6 is in—orbit and operational at 113°W.L.

and Satmex 8 is in orbit and operational at 116.8°W. The Commission‘s prior grants of authority

are hereby incorporated by reference.

   II.      DESCRIPTION OF THE TRANSACTION

         Satmex, along with certain of its direct and indirect shareholders, and Eutelsat have

entered into a Securities Purchase Agreement, dated July 30, 2013, pursuant to which Eutelsat

has agreed to purchase, directly or indirectly, all of the issued and outstanding shares of capital

stock of Satmex in an all—cash transaction. Specifically, Eutelsat has agreed to: (1) acquire all of

the issued and outstanding shares of Satmex International B.V., a shareholder of Satmex, from

Satmex International Cooperatieve U.A.; (ii) acquire all of the issued and outstanding shares of

Holdsat México, S.A.P.I. de C.V., a shareholder of Satmex (other than shares held by Satmex

International B.V.), from Intenal Mexicana, S.A.P.I. de C.V. and Alejandro Sainz Orantes; and

(iii) acquire certain shares of Satmex from Centerbridge Capital Partners SBS (Cayman), LP.

and EJA Holdings Ltd. Upon the consummation of the transactions described above, Eutelsat

will own, directly or indirectly, 100% of the issued and outstanding shares of capital stock of

station at the 114.9°W orbital location to the Commission‘s C— and Ku—band Permitted Space
Station List) (hereinafter "Satmex 5 Grant").

° Grant ofAuthority, IBFS File Nos. SAT—PPL—20060329—00030, SAT—AMD—20060724—00080,
Call Sign: $2695 (Aug. 4, 2006) (granting the petition of Satmex to add the Satmex 6 space
station at the 113°W orbital location to the Commission‘s C— and Ku—band Permitted Space
Station List) (hereinafter "Satmex 6 Grant").

° Grant ofAuthority, IBFS File No. SAT—PPL—20120823—00140, Call Sign: $2873 (Dec. 6, 2012)
(granting the petition of Satmex to add the Satmex 8 space station at the 116.8°W orbital location
to the Commission‘s C— and Ku—band Permitted Space Station List) (hereinafter "Satmex 8
Grant").


Satmex. Although ownership of Satmex will change, the satellites will continue to be non—U.S.—

licensed satellites that are licensed by Mexico and operated by Satmex.

   III.      OWNERSHIP AND CONTROL OF EUTELSAT

          Eutelsat is incorporated in France, which is a member of the WTO, and is legally,

financially, and technically qualified to operate the satellites and provide satellite services.

Eutelsat and its subsidiaries ("the Eutelsat Group") operate a fleet of 31 satellites in 21 orbital

positions, located between 15° West and 172° East, providing coverage of the entire European

continent, the Middle East, North Africa, sub—Saharan Africa and a significant part of the Asian

and American continents. This fleet represents a total of 858 operational transponders in stable

orbit. The Eutelsat Group broadcasts 4,660 television channels. Eutelsat America Corp., a

subsidiary of Eutelsat and the Eutelsat Group‘s principal operating company in the United States,

sells satellite capacity of the Eutelsat Group throughout the North American market.‘

          The name, address, citizenship, principal business, and ownership percentage of the

significant shareholders of Eutelsat following consummation of the proposed transaction are

provided below. In addition, an organizational chart showing the post—closing ownership of

Eutelsat is attached.

          Eutelsat is a société anonyme organized under the laws of France. Eutelsat is the Eutelsat

Group‘s main operating subsidiary. The address of Eutelsat is 70 rue Balard, 75015 Paris,

France.


‘ The Commission recently granted (i) a Consent to Assignment from GE International Holdings,
Inc. to Eutelsat America Corp. Grant ofAuthorization, Consent to Assignment of 1 Station from
GE International Holdings Inc. to Eutelsat America Corp., File No. SAT—ASG—20120626—00105,
Call Sign $2610 (effective date: Aug 23, 2012) and (i1) a Consent to Assignment from Eutelsat
America Corp. to ES 172 LLC Grant ofAuthorization, Consent to Assignment of 1 Station from
Eutelsat America Corp. to ES 172 LLC., File No. SAT—ASG—20121227—00226, Call Sign $2610
(effective date: July 11, 2013). Eutelsat America and ES 172 LLC are members of the Eutelsat
Group as wholly owned subsidiaries of Eutelsat.


       95.62% of Eutelsat‘s share capital is held by Eutelsat Communications Finance S$.A.S., a

société par actions simplifiée organized under the laws of France ("Eutelsat Finance"). The sole

activity of Eutelsat Finance is to hold the share capital of Eutelsat. The address of Eutelsat

Finance is 70 rue Balard, 75015 Paris, France. In addition, the Russian Satellite Communication

Commission ("RSCC") holds 3.38% of the shares issued by Eutelsat and 0.28% of the shares of

Eutelsat are held by other entities as set out on the ownership chart attached hereto. RSCC and

these other entities have no control over Eutelsat. All shareholdings of Eutelsat (other than the

0.11% of such shares held by Eutelsat‘s employees and executives) are a result of the

privatization of Eutelsat, formerly an intergovernmental organization.

       The sole shareholder of Eutelsat Finance is Eutelsat Communications S.A., a société

anonyme organized under the laws of France. The principal role of Eutelsat Communications

S.A. is to hold its indirect equity interest in Eutelsat. The address of Eutelsat Communications

S.A. is 70 rue Balard, 75015 Paris, France.

       25.62% of the share capital of Eutelsat Communications S.A. is held by Bpifrance

participations (the "BPI"), a société anonyme formed in 2008 to enhance equity in France and

help stabilize French companies during the economic crisis. Approximately 51% of the BPI‘s

share capital is held by the Caisse des Dépots et Consignations (the "CDC") and approximately

49% of its share capital is held directly by the French State. The BPI must present its strategic

plans and annual report to the supervisory commission of the CDC. The BPI‘s board of directors

has seven members. Two of the directors are representatives of the CDC, two of the directors

are representatives of the French State and three of the directors are qualified personalities. The

chairman of the BPI‘s board of directors is the CDC‘s chief executive officer. The chief


executive officer of the BPI is appointed by its board of directors. The address of the BPI is 56

Rue de Lille, 75007 Paris, France.

       The CDC is a financial institution wholly owned by the French State that serves the

general interest and the economic development of France. Approximately 50% of the CDC‘s

recurring and non—recurring net profit is paid to the French State. The CDC is managed by a

chief executive officer, who is appointed by the President of the French State. The CDC is

supervised by a supervisory commission of 13 members, all of which are appointed by various

sectors of the French government.

       5.01% of the share capital of Eutelsat Communications S.A. is held by Abertis Telecom

S.a.u., a sociedad anonima unipersonal (single stockholder corporation) organized under the

laws of Spain. Abertis Telecom S.a.u. is a direct, wholly owned subsidiary of Abertis

Infraestructuras S.A., a sociedad anonima organized under the laws of Spain and a publicly

traded company. Its significant shareholders and their respective shareholdings are disclosed on

its website: http://www.abertis.com/shareholderstructure/var/lang/en/idm/716. The address of

Abertis Telecom S.a.u. and Abertis Infraestructuras S.A. is Edifico B, Avda del Parc Logistic, 12

—20, 08040, Barcelona, Spain.

       6.94% of the share capital of Eutelsat Communications S.A. is held by Land Breeze

s.a.r.l. Land Breeze s.a.r.1. is organized under the laws of Luxembourg and is a wholly owned

subsidiary of China Investment Corp. ("CIC"). Two other subsidiaries of CIC organized under

the laws of the People‘s Republic of China, Flourish Investment Corporation and Best

Investment Corporation (together with Land Breeze s.a.r.1., the "CIC Entities"), own 0.05% and

0.01% of the shares of Eutelsat Communications S.A., respectively. Information about CIC can

be found on its website: http://www.china—inv.cno/cicen/.


       To the best of Eutelsat Communications S.A.‘s knowledge, no other shareholders own,

directly or indirectly, more than 10% of its share capital or voting rights. Eutelsat

Communications S.A. is managed by a board of directors that currently has 8 members (with a

maximum of 12 members), each of whom has a six—year renewable term of office. Currently,

four of the directors are independent and three of the directors are affiliated with the BPI. No

decisions of the board of directors can be taken or be blocked by three directors. Neither the

BPI, nor any of the CIC Entities, nor any foreign government or person controlled by or acting

on behalf of a foreign government has or will have the right or power to appoint any of Eutelsat

Communications S.A.‘s principal officers. None of the CIC Entities has the right or power to

appoint any of Eutelsat Communications S.A.‘s directors.

       More information about Eutelsat Communications S.A., its shareholders, and its

governance can be found on its website at www.eutelsat.com.

       The following individuals are officers and directors of Eutelsat.

NAME                                                TITLE
Jean—Martin Folz                                    Director
Michel de Rosen                                     Director, Chairman of the Board and CEO,
                                                    Eutelsat Communications
Miriem Bensalah Chagroun                            Director
Lori Birt                                           Director, Vice Chairman of the Board
Jean—Paul Brillaud                                  Director
Bpifrance participations (BPI) represented by       Director
Thomas Devedjian
Bertrand Mabille                                    Director
Ross Mclunes                                        Director
Elisabetta Oliveri                                  Director
Carole Piwnica                                      Director
Christian Roisse                                    Board Observer, Executive Secretary of the
                                                    Eutelsat Intergovernmental Organisation

The address for the individuals listed above is 70 rue Balard, 75015 Paris, France.


Counsel for Eutelsat is:

         Jeffrey Cunard
         Debevoise & Plimpton LLP
         555 13th Street, NW., Suite 1100—E
         Washington, D.C. 20004
         Phone: 202—383—8043
         Facsimile: 202—383—8118

Counsel for Satmex is:

         Carlos M. Nalda
         Squire Sanders (US) LLP
         1200 19th Street, NW, Suite 300
         Washington, D.C. 20036
         Phone: 202—626—6659
         Facsimile: 202—626—6780

   IV.      PUBLIC INTEREST

         The Commission previously found that adding Satmex 5, Satmex 6 and Satmex 8 to the

Permitted List was in the public interest." For the same reasons, the public interest will be served

by continuing to permit these three satellites to serve the U.S. market.

         The technical and operational characteristics of Satmex satellite operations for service to

the U.S. market remain unchanged and thus will be fully consistent with FCC rules. Moreover,

as is evidenced by recent grants of FCC authority, Eutelsat and its related entities are fully

qualified to access the U.S. market in accordance with the Permitted List Authorizations for

Satmex 5, Satmex 6 and Satmex 8.

         The transaction also will enhance competition by ensuring that U.S. customers continue

to have access to satellites that will be ultimately controlled by a stronger and more diverse

ownership group with broad expertise in satellite communications services. In particular, this

transaction will afford U.S. customers access to additional video, data services, broadband and



8 Satmex 5 Grant; Satmex 6 Grant; Satmex 8 Grant.


other satellite—based communications applications. Thus, preserving Satmex access to the U.S.

market would serve the public interest by facilitating the provision of advanced satellite services

in the United States.

   v.      CONCLUSION

        For the reasons stated herein, the change in ownership and control of Satmex does not

affect the considerations relied upon by the Commission in granting Satmex access to the U.S.

market and the Permitted List authority of Satmex 5, Satmex 6 and Satmex 8 should be

maintained.




ATTACHMENT: Ownership Structure


                                                                          Moneda S.A.
                                     Monarch Alternative           Administradora de Fondos
Centerbridge Partners, L.P.
                                         Capital, L.P.               de Inversion, Moneda
                                                                       Internacional Inc.

               Interest: 32.6%                   Interest: 29.3%                     Interest: 8.5%




                                          Shareholders

                                                                                 Satmex Investment
                              Limited Partner                                 Holdings GP Ltd. (Cayman)
                                 ocCc s
                                                                                                                      Co—op Membership
                                                         General Partner V
                                                                                                                        Interest: 0.01%
                                                             PC csu
                                             Satmex      .:.
                                           Investment
                                                                                               Co—op Membership
                                    Holdings L.P. (Cayman)
                                                                                                Interest: 99.99%
                                                                                                                                 Satmex
                                                                                                                              International
                                                                        Alejandro                                           Cooperative U.A.
                  Intenal
                                                                      Sainz Orantes                                          (Netherlands)
                Mexicana,
              S.A.P.1. de C.V.                                         (Individual)
                                                                                                                       Satmex International B.V.
           MClCSF                                                         MClCSl
                                                                                                                            (Netherlands)
       49% of total stock                                             2% of total stock
                                                                                                                             ("DutchCo")

                                                                                    MCls3                          Satmex Series B
                      Holdsat Mexico,
                                                                                49% of total stock                   49% of voting rights
                       S.A.P.1. de C.V.
                                                                                                                     4.9% of all economic rights
                    ("Mexico Holdings")
                                                                                                                   Satmex Series N
                                                                                                                     Only limited voting rights
               Satmex Series A                                                                                       90% of all economic rights
                 51% of voting rights
                 5.1% of all economic rights                                                                                    Small
                                                                                                                                Direct
                                                                                                                               Holders

                                                                Satélites Mexicanos,                          Satmex Series B and Series N
                                                                      S.A. de C.V.                              Less than 0.1%


                                               Satelites Mexicanos, S.A. de C.V.
                                                                                                          100%


         100%                                     100%



      Satmex USA LLC                    Alterna TV Corp.                Aiterna TV Int‘i Corp.


         0.03%        0.03%
                                                                                                 Enlaces Integra
                                                         99.93%                                  S. de RL, de C.V,
99.97%
                                     99.97%
                                ¥
SMVS Administracion           SMVS Servicios Tecnicos
                                                              Satmex do Brasit Ltda.
  5. de RL, de C.V.              S. de R.L., de C.V,
                                                                                                           99.97%
                                              0.07%

            0.03%                                                                                HPS Corporative
                                                                                                 S. de RL. de C.V.


                                                                                 Ownership of Eutelsat

                                                                            Eutelsat Communications S.A.




                                                                                                                      ,,,,,   Eutelsat visAvision   Eutelsat America
                                   Subsidiary of equity interest                                                               GmbH (Ger              Corp. (U
                                   nfim‘*}n%uuu*                                                               3260%

                                                                                                                                 Mc Cr est
              Operating


       -                           Minority shareholders ofEutelsat$.A.: historical institutional shareholdersof
          #        *               Eulelsat S.A. (mainly telecoms operators and governments in Ceniral and Eastern
                                   Eumpe or Central Asia), and Eutelsat S.A. employess.




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Document Created: 2013-12-24 13:05:32
Document Modified: 2013-12-24 13:05:32

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