Arsat Letter and Min

LETTER submitted by Empresa Argentina de Soluciones Satelitales S.A.

ARSAT Letter and Argentine Ministry Letter

2016-07-07

This document pretains to SAT-PPL-20160304-00024 for Permitted List on a Satellite Space Stations filing.

IBFS_SATPPL2016030400024_1142479

RS T July 7, 2016 Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Ref: Petition ("Petition") of Empresa Argentina de Soluciones Satelitales S.A. ("ARSAT") for Declaratory Ruling to Add ARSAT·2 to the Permitted Space Station List· Case No. SAT-PPL· 20160304-00024 Dear Ms. Dortch: Reference is made to that certain letter dated as of June 27, 2016 by the Satellite Industry Association ("SIA") where it has requested that the Federal Communications Commission ("FCC" or "Commission") process ARSAT's application for access to the U.S. market in accordance with the U.S.-Argentina Bilateral Agreement, requiring that the Argentine government grant a reciprocal treatment to U.S.-licensed satellites seeking authorization to access the Argentine market. ARSAT welcomes SIA's requests as we are fully committed to free market competition among satellite operators and in favor of encouraging foreign satellite operators to enter the Argentine market, for we firmly believe this shall result in exponential benefits and better conditions to Argentine users. As this Commission well knows, ARSAT is a private company pursuant to Argentina's Business Company Act No.19,550. ARSAT was created as a result of Act No. 26,092, which not only established that ARSAT was to be organized under the form of a corporation (known as "sociedad an6nima" under Argentine law) in which the Republic of Argentina holds a majority interest, but also explicitly excludes the application of Administrative law such that ARSAT's contracts will abide by applicable private law. ARSAT's corporate purpose is basically associated with maintaining both the orbital positions that the International Telecommunication Unit ("ITU") has granted to the Argentine Republic and the construction of geostationary satellite systems for their positioning on the mentioned orbits. We are likewise convinced that promoting the entry of new operators will leverage ARSAT's performance and raise our efficiency and, to that effect, during the past months we have been actively moving forward towards the development and underpinning of new business plans, challenges and projects.

ArRS/AT The current Argentine Administration has taken office in December 2015. As theSIA notes in its letter, the Federal Ministry of Communications is working hard to address pending market access applications of SIA‘s members and to undertake the commitments both the U.S. and Argentina have assumed as members of the World Trade Organization ("WTO") and in connection with the U.S.—Argentina Bilateral Agreement. It is important to remark that, historically, several U.S. satellite operators have been authorized by the Argentine government for the provision of satellite facilities in Argentina, showing respect and commitment towards the referenced bilateral agreement. In fact, many SIA members are currently providing satellite services in Argentina. This is, however, the first case in which an Argentine operator submits an application to the FCC seeking authorization to access the U.S. satellite market, and thus requesting reciprocal treatment. As a result of the Petition and SIA‘s letter, ARSAT has formally requested that the Federal Ministry of Communications issue a formal statement ratifying Argentina‘s commitment to support free market competition among satellite operators. Enclosed please find the referred statementissued by Argentina‘s Ministry of Communications, supporting this declaration. We sincerely hope for overall satellite industry operators to work together and be welcomed in our respective countries, looking forward to enhance opportunities to improve services quality and conditions, as well as market development, always in benefit of end—users. Respectfully sibmitted, / v. Pte. Juan Domingo Peron 7934 (B1621BGZ) Benavidez — Buenos Aires — Argentina (0054) 11 5811—2732

"2016 — Afio del Bicentenario deia Declaracion de la Independencia Nacional" Ministerio de Comunicaciones Buenos Aires, July, 4, 2016 Ms. Mariene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Empresa Argentina de SolucionesSatelitales S.A. ("ARSAT") Petition for Declaratory Ruling To Add ARSAT—2 to the Permitted Space Station List ("Petition"); File No. SAT—PPL— 20160304—00024 Dear Ms. Dortch: Reference is made to that certain letter dated as of June 27, 2016 by the Satellite Industry Association ("SIA") within the framework of ARSAT‘s Petition for U.S. market access. We would like to express that this Administration has taken office six months ago and have found a great number of applications submitted by foreign operators which have been pending for years. For this we sincerely apologize on behalf of the Argentine Republic. This new Administration is steadfastly committed to working towards a more open scheme to allow and promote access of foreign satellite operators as we strongly believe that this will ultimately benefit our fellow citizens and allow widespread access to telecommunication services. it is also important to remark that, currently, there is a number of U.S. satellites operating in Argentina whose corresponding permits have been granted by the Argentine government. We believe this is a clear sign that demonstrates the Argentine government‘s good will and engagement towards the U.S—Argentina Bilateral Agreement. Argentina‘s current Administration wants to turn ARSAT into a global competitive company, rafifying our commitment towards supporting free market competition among satellite operators in a transparent and non— discriminatory manner. To this end, this Government intends to take prompt action, and in fact has been taking, to ensure more flexible principles and symmetrical treatment to foreign operators, both in its policies and in practice. We recognize that there is much work to be done. It is our commitment to put our best efforts in the task of giving treatment to pending cases under the laws in force in our country while respecting WTO commitments and also those established by U.S.—Argentina Bilateral Agreement. Moreover, we promise to give effective treatment to the actions urged by operators belonging WTO member countries. Sincerely yours, Dr. Oscar Aguad _ Ministerio de Comunicaciones de ta Nacién /y


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Document Modified: 2016-07-07 13:38:28
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