Attachment Exhibit F - QA21

This document pretains to SES-T/C-20130927-00860 for Transfer of Control on a Satellite Earth Station filing.

IBFS_SESTC2013092700860_1013874

FCC Form 312 Exhibit F Page 1 of 3 Exhibit F: Response to Item A21 PUBLIC INTEREST STATEMENT Enlaces Integra, S. de R.L. de C.V. (“Enlaces”) and Eutelsat S.A. (“Eutelsat”, and together with Enlaces, the “Applicants”), hereby seek Commission consent to transfer control of the VSAT Network license, Call Sign E070238, from Enlaces to Eutelsat. Pursuant to Section 310 of the Communications Act and Section 25.119 of the Commission Rules, the Commission must determine whether the proposed transfer of control of the VSAT Network license will serve the public interest, convenience and necessity.1 The Commission’s public interest evaluation encompasses the “broad aims of the Communications Act,” including, among other things, whether the transaction enhances competition and accelerates private sector deployment of advanced services.2 As part of its public interest determination in transfers of control affecting the satellite industry, the Commission considers “whether the transferee is qualified to hold a satellite license, and whether the proposed transaction is likely to facilitate provision of service to the public.”3 The Commission has found that proposed transfers of control of satellite authorizations would serve the public interest because potential harms were unlikely to result from the transaction while general benefits, such as “facilitating investment in FCC licenses and permitting investors to realize the full value of their investments,” were likely to result.4 1 47 U.S.C. § 310(d); 47 C.F.R. § 25.119(a). 2 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, 7979 ¶ 7 (quoting Applications of XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, for Consent to the Transfer Control of Licenses, Memorandum Opinion and Order and Report and Order, 23 FCC Rcd 12348, 12364, ¶ 31 (2008); News Corp. and DIRECTV Group, Inc. and Liberty Media Corp. for Authority to Transfer Control, Order, 23 FCC Rcd 3265, 3277, ¶ 23 (2008); General Motors Corporation and Hughes Electronics Corporation, Transferors, and The News Corporation Limited, Transferee, Memorandum Opinion and Order, 19 FCC Rcd 473, 483, ¶ 16 (2004); Application of EchoStar Communications Corporation (a Nevada Corporation), General Motors Corporation, and Hughes Electronics Corporation (Delaware Corporations) (Transferors) and EchoStar Communications Corporation (a Delaware Corporation) (Transferee), Hearing Designation Order, 17 FCC Rcd 20559, 20575, ¶ 26 (2002)). 3 Amendment of the Commission's Space Station Licensing Rules and Policies Mitigation of Orbital Debris, First Report and Order and Further Notice of Proposed Rulemaking in IB Docket No. 02-34 and First Report and Order in IB Docket no. 02-54, 18 FCC Rcd 10760, 10844 ¶ 221 (2003). 4 Sirius XM Radio, Inc. Transferor and Liberty Media Corporation, Transferee Applications for Consent to Transfer De Jure Control of Sirius XM Radio, Inc., Order, 28 FCC Rcd 6, 11, ¶ 9 (IB 2013); BRH Holdings GP, Ltd., Transferor and EchoStar Corporation, Transferee Applications

FCC Form 312 Exhibit F Page 2 of 3 Satélites Mexicanos S.A. de C.V. (“SatMex”), the controlling owner of Enlaces, and 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: (i) acquire all of the issued and outstanding shares of Satmex International B.V., a shareholder of SatMex, from Satmex International Coöperatieve 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), L.P. 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 SatMex. Eutelsat is legally, financially, and technically qualified to operate the VSAT Network license and provide satellite services. Eutelsat and its subsidiaries (“the Eutelsat Group”) have demonstrated an extensive commercial capacity in the United States by holding numerous U.S. authorizations. Eutelsat, through its subsidiary, Eutelsat America Corp., sells satellite capacity of the Eutelsat Group throughout the North American market.5 This transaction will allow Eutelsat to provide video applications, data services, and broadband in the United States. In light of the foregoing, the transaction presents no national security or law enforcement issues. Moreover, given that the VSAT Network license is a non-common carrier license, the transaction presents no foreign ownership issues under Section 310(b) of the Communications Act of 1934, as amended. Enlaces offers satellite broadband services through a Time Division Multiplexing/Time Division Multiplexing Access (TDM/TDMA) platform and VSAT, including broadband Internet, video, data and private network services to its customers. Enlaces’s customers would be adversely affected if the VSAT Network licensed operations were disrupted due to this transaction. for Consent to Transfer Control of Hughes Communications, Inc., Hughes Network Systems, LLC and HNS License Sub, LLC, Order, 26 FCC Rcd at 7981, ¶ 15. 5 The Commission recently granted (i) a Consent to Assignment from GE International Holdings, Inc. to Eutelsat America Corp. Grant of Authorization, Consent to Assignment of 1 Station from GE International Holdings Inc. to Eutelsat America Corp., File No.: SAT-ASG-20120626- 00105, Call Sign: S2610 (effective date: Aug 23, 2012) and (ii) a Consent to Assignment from Eutelsat America Corp. to ES 172 LLC Grant of Authorization, Consent to Assignment of 1 Station from Eutelsat America Corp. to ES 172 LLC., File No.: SAT-ASG-20121227-00226, Call Sign: S2610 (effective date: July 11, 2013). Eutelsat America and ES 172 LLC are members of the Eutelsat Group as wholly owned subsidiaries of Eutelsat.

FCC Form 312 Exhibit F Page 3 of 3 In sum, Eutelsat is fully qualified to acquire ownership and control of the VSAT Network license. The proposed transaction will serve the public interest by ensuring that customers have continued and uninterrupted access to advanced satellite services. The Applicants therefore request that the Commission consent to the transfer of control of the VSAT Network license to Eutelsat.


Document Created: 2013-09-26 13:31:25
Document Modified: 2013-09-26 13:31:25
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC