Attachment Exhibit F

This document pretains to SES-ASG-INTR2014-02391 for Assignment on a Satellite Earth Station filing.

IBFS_SESASGINTR201402391_1070882

                                                                                       Exhibit F
                                                                                     Page 1 of 2

                             Exhibit F Related to Public Interest
                      Response to Item A21 on FCC Form 312-Schedule A

         Enlaces Integra, S.de R.L. de C.V. (“Enlaces”), licensee of earth station network Call
Sign E070238, files this pro forma assignment application to notify the Federal Communications
Commission (“FCC”) of a change in its corporate name and a minor change in ownership of
Enlaces. Although the name change does not involve a material change in Enlaces’ corporate
form and the minority ownership change falls below the 10% threshold for FCC approval,
Enlaces is filing this application out of an abundance of caution to ensure the FCC’s records
reflect the new licensee name and ownership structure.

        Pursuant to Section 310 of the Communications Act and Section 25.119 of the
Commission’s Rules, the Commission must determine whether the proposed transfer of control
of the earth station license will serve the public interest, convenience, and necessity.1 The
Commission’s public interest analysis encompasses the “broad aims of the Communications
Act,” including, among other things, whether the transaction enhances competition and
accelerates the private sector deployment of advanced services.2 The Commission employs a
balancing test to determine “whether [the proposed transaction] could result in public interest
harms by substantially frustrating or impairing the objectives or implementation of the
Communications Act or related statutes” and weighing any potential public interest harms
against the potential public interest benefits.3

        On November 5, 2014, the shareholders of Enlaces voted to change the company’s name
to Axesat Mexico, S.A. de C.V. (“Axesat Mexico”) and approved a change in its shareholding
structure that amounts to 8.5% of the company’s shares being held by new owners. Specifically,
in addition to Axesat, S.A. and Ingux, S.A. (who currently own 100% of the outstanding shares
of the company), three new individual shareholders of Axesat Mexico: Olga Pérez, Bárbara
Mair Rowberry, and Carlos Cortés Cortés, together will own a total of 8.5% of the company.
(Bárbara Mair Rowberry and Carlos Cortés Cortés are Mexican citizens and will own 6.5% of

1
    47 U.S.C. § 310(d); 47 C.F.R. § 25.119(a).
2
  Robert M. Franklin, Transferor, Inmarsat, plc, Transferee, Consolidated Application for
Consent to Transfer Control of Stratos Global Corporation and Its Subsidiaries from an
Irrevocable Trust to Inmarsat, plc, Memorandum Opinion and Order and Declaratory Ruling, 24
FCC Rcd 449, 457 ¶ 17 (internal citations omitted) [hereinafter “Stratos Order”]; BRH Holdings
GP, Ltd., Transferor and EchoStar Corporation, Transferee Applications for Consent to Transfer
Control of Hughes Communications, Inc., Hughes Network Systems, LLC and HNS License
Sub, LLC, Order, 26 FCC Rcd 7976, 7978-79 ¶ 7 (internal citations omitted). [hereinafter “BRH
Holding GP Ltd. Order”] Unlike the more complex transactions at issue in BRH Holding GP,
Ltd. Order and in Stratus Order the proposed transfer relates to a single earth station VSAT
Network license at issue.
3
 Stratos Order, 24 FCC Rcd at 455-456 ¶¶ 15-16; BRH Holding GP, Ltd. Order, 26 FCC Rcd at
7978-79 ¶ 7.


                                                                                          Exhibit F
                                                                                        Page 2 of 2

the outstanding Series B shares, and Olga Pérez is a United States citizen and will own 2.0% of
the outstanding Series B shares of the company.) Exhibit E provides a detailed breakdown of the
new share ownership of the Company.

       These changes have not yet been formally implemented in Mexico, and the final
processing of associated ministerial filings is anticipated to occur over the next few months.
There are no changes in the direct or indirect ownership of Axesat, S.A.

        In view of the foregoing, there is no material change in the licensee or its ownership.
Axesat Mexico is the same entity as Enlaces and the change in minority ownership is below the
threshold for FCC reporting. Enlaces has held its FCC earth station license for seven years and
has substantial experience offering satellite service in the United States. Axesat Mexico will
continue offering services that Enlaces has offered in the past. The pro forma assignment also
presents no national security or law enforcement issues and, given that the earth station network
license is a non-common carrier license, the pro forma assignment presents no foreign ownership
issues under Section 310(b) of the Communications Act.

       In sum, Axesat Mexico is fully qualified to hold earth station license, Call Sign E070238.
The proposed pro forma assignment will serve the public interest by facilitating investment in
FCC licenses and continuing provision of services to customers in the United States. The
applicant therefore seeks Commission consent to the pro forma assignment of the license from
Enlaces to Axesat Mexico.



Document Created: 2014-12-11 12:32:09
Document Modified: 2014-12-11 12:32:09

© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC