Attachment ORDER

ORDER

ORDER submitted by FCC,IB

ORDER

2005-04-13

This document pretains to SAT-STA-20050408-00082 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005040800082_427330

Federal Communications Commission ba os—1061 Before the Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) Intelsat North America, LLC ) Request for Extension of ) File No. SAT—STA—20050408—00082 Special Temporary Authority ) orper Adopted:. April 13, 2008 Released: April 13, 2005 By the Chief, Satelfite Division, Iternational Bureau: 1 In this Order, we grant, pursuant to Section 25.120(b)(4) of the Commission‘s rules a request filed by Intelsat North America, LLC ("Intelsa") for a 30—day extension of a grant of Special Temporary Authority (*STA")" that permit Intlsatto provide "additonal services," as defined in the Open—Market Reorganization for the Beterment oInternationa! Telecommunications Act (‘ORBIT Act")." Grant f the extension request will maintain the status quo of ervice to certain Intelsat customers while the Commission considers pending matters directly relted to Intelst‘s provision ofadditional services 2. The original STA was granted to Intelsat in the LoralAntelsat Order;‘ and allows Intelsat to continue providing "additional services" to former customers of Loral Satellite, Ic. (Debtor—in— Possession) and Loral SpaceCom Corporation (Debtor—in—Possession) (collectively "Loral"),acquired by Intelsat as a resultof the LoralZntelsa assignment transaction" The Commission found that requiring Intelsat to terminate provision of "addtional services" o customers it had acquired from Loral would cause costly disruption of service, and would ikely eave customers in remore locations without an altermative provider for these services. Thus,the Bureau granted Intlsatan STA for 180 days, to September 13, 2004, to permitIntelsat tocontinue providing *additionalservices" to the former Loral customers. The Bureau‘s STA grant did not extend to additionalservices that were not previously Aar on pas. 200@ * inelsat North America,LLC, Request for Extension of Temporary Authority (‘STA Extersion Request®) ie No sar—sra—2008040800082 (hled April 8, 2005) * Congress amended he Satelite Communications Actof196247 U.SC.§ 701 et seq. (Satelite Acg by adoping the ORBIT Act, Pub.L. No. 106—180, 114 Sta. 48 (2000)codffed ar 47 U.S.C.§ 761 er seq.(hrein, ORBTT Act, withreference to the sttutry section numbers of the Satlite Act,asamended by the ORBI Acd..‘Uner the ORBIT Act, additional services,for Intelt, are defind as directto—home or direct broadeast satlite video services,or services in the a or V requency bands. See ORBTT Act,as amended. § 6812)(12)(@) * Loral Satelte, Inc. (Debror—n—Possssion) and Loral SpaceCom Corporation (Debtorin—Possession), and Jntelsor North America, LLC, Applicationsor Consent t Assignments ofSace Station Auhorizatons and Pettion for Decluratory Ruling Under Section 310(6¥4) of the Communications Act of 1934, as Amended, Order and Authorization, 19 FCC Red 2404 (2004)(*LoralIelsat Order") * LoralIitelst Order,1 FCC Red at 2430.

Federal Communications Commission paos—1061 provided by Loral, and did not authorize Intelsat to provide additionalservicestoany new customers* ‘We subsequently eranted Intlsat‘s request forextension of the STA for an additional 180 days, until March 14, 2005." We found that an extension was warranted to maintain thstarus quo of service to customers while the Commission reviewed the Application for Review of the LoralAntelsar Orderfiled by SES AMERICOM, Inc., which raised objectionstothe grant of the STA as well as the approval othe transaction as a whole." On March 14, we granted Inelsa‘s requestfor a further 30—day extension of the STA, until April 13, 2005 Again, we found that the extension was warranted to preserve the status quo of service to customers whil the Commission reviewed pending items relating to Intelsat‘s provision of "additionalservices." 3. We ind that granting Itelsat an additional 30—day extension is warranted. Under the ORBIT Act, Itelsat may not provide additional services untl it meets certain privatization requirements under provisions of Section 621, as amended." Section 621 requires that the Commission fnd that Imelsathas achieved full privatization by (1)conducting an TPO to substantall dilute the aggregste ownership of ts former Signatories" orin thealtemative,(2) certfying tothe Commission that (a) it has achieved substantaldilition of the aggregate amount of financialinterest by former Signatories;(b)no intergovernmentalorganization has any ownership interest in Intelsat; and (c) any former Signatoris that retain a financial interesin Intlsatdo not possess together,or ndividually, effective control of the companies." On December 23, 2004 n light of the Commission‘s approval othe tansferof control of Intelsat to Zeus Holdings Limited,a private equity group," ntelsatfiled a Certifation and Petiion for Declaratory Ruling requestingthat the Commissionfind it has complied with Section 621 of he ORBIT Act"* 4. Both the Application for Review of the LoralZntelsarOrder and Intelsa‘s Centifiction and related Petition for Declaratory Ruling pursuant to Section 621(5)(F) ofthe ORBTT Act are pending beforethe Commission. These pending maters ar direcly related to the ssue of Inelsat‘s status with respect to provision of "additional services" under the ORBT Act. We find that good cause exists to extend the STA in order to ensure thatcustomers are not adversely impacted during the regulatory review process on mattersrelated to these pending matters. Thus, we find thatit is reasonable to maintain the status quo,pending the Commission‘s ruling on the matters related to Intelsat‘ lgal status under the * LoralMntelsaOrder, 19 FCC Red at 2430 * See Inelat North America, LLC Requestfor Etension ofSpecial Tenporary Authoriy, Order, DA O4—2445, rel. July 30, 2004 " SES Americom, In, Applicationfor Review, Fil Nos. SAT—ASG—20030728—001 3800139 (March 12, 2000 * See Inelat North America, LLC Requestfor Extension ofSpecal Tenporary Authoriy, Order, DA O4—2445, re uy 20, 2004 ° ORBIT Act, as amended, 5 621 "" ORBTT Act,as amended, 5§ 621Cand 621@( "*See ORBTT Actas amended § @216 °. See Itesa, Lad., Transfror, and Zeus Hotdings Limited, Transfere, Consolidated Applcaton for Consent to Transfer Coniol of Holders of Tite 1 and Tile Ill Auborizarons and Pettion for Declaratory Ruling under Sections 310 ofthe Communiations Actof1934, as amended, Orderand Authorization, 1B Docket No. 0+:306, DA 044034 (In‘l Bur. rel. Dec. 22, 2004Ematum, rel.Jan 28, 2005. See als, Satelite Communicatons Servies Information, Actions Taken, Public Note, Report No. SES—006%2, Fob.2, 2005. "* See Inclsat, L1d. Files Pettion for Declaatory Ruling and Certifcation Parsuant to Section 621(®(®) of the Over—Market Reorganization for the Beterment of InermationalTelecommunications Act, as amended (‘ORBIT Act), Public Notce, DA 05—88,January 14, 2005. The pleadingeyele has closed an the Commission i currenty reviewingthe record in that proceeding.

Federal Communications Commission pa os:1061 ORBIT Act to provide "additionalservices." Our decisionto extend the STA is subject to and conditioned upon, the Commission‘s resolution of related issues pending in the Application for Review of the LoraUIntelsat Order, n Intelsat‘s Peition for Declaratory Ruling and ORBTT Act Centifiation. Accordingly, we grant Intelsat‘s STA Extension Requestfor an additional 30 days, from April 13, 2008 to May 13, 2005, or as othervisedirected by the Commission. s Accordingly, T 18 ORDERED, pursuant to Sections 4(), 303() and 309 (Do the Communications Act, 47 U.S.C. §§ 154(, 303(and 309() and Section 25.120(b)4)of the Commission rules, 47 CR § 25.120(b)(4), that the Request for Extension of Special Temporary Authority fled by Intelsat North America, LLC on April8, 2008 is GRANTED to thextent specified herein. FEDERAL COMMUNICATIONS COMMISSION %m/w@ $ Thomas S. Tycz fi Chiet, Satelite Division International Bureau


Document Created: 2005-04-13 10:10:56
Document Modified: 2005-04-13 10:10:56
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC