Attachment DA 05 667

DA 05 667

ORDER submitted by FCC,IB

DA 05 667

2005-03-14

This document pretains to SAT-STA-20050228-00052 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005022800052_421890

Federal Communications Commission Da 0s—667 Before the Federal Communications Commission Washington, D.C. 20554 In the mater of ) ) Intlsat North America, LC ) Request for Extension of ) File No. SAT—STA—20050228—00052 Special Temporary Authority ) orper Adopted:. March 14, 2005 Released: March 14, 2005 By the Chiet, Satelite Division: 1. n this Order, we grant,pursuant to Section 25.120(b)(4)oour rules, a requestfiled by Intelsat North America, LLC ("Intelsa") for a 30—day extension of a grant of Special Temporary Authority (‘STA") that permitsIntelsat to provide "additional services,"as defined in the Open—Market Rearganization for the Betterment of Interational Telecommunications Act (°ORBIT Act‘).. Grant of the extension request will maintain the status quo ofservice to certain Intelsatcustomers while the Commission considers pending maters directly relate to Imelsat‘s provision of addtional services. 2. The STA was granted to ntelsat ithe LoralZimelsat Order; and allows Intelsatto continue providing "additional services" to former customers of LoralSatellt, Inc. (Debtor—in— Possession) and Loral SpaceCom Corporation (Debtor—in—Possession)(callctively "Loral"), acquired by Intelsat as a result of the Loral/Intelsat assignment transaction." The Commission found that requiring Hntelsat toterminate provision of "additional services" to customers it had acquired from Loral would cause costly disruption of service, and would likely leave customers in remote locations without an alterative provider for these services. Thus, he Bureau granted Intlsatan STA for 180 days,to September 13, 2004, to permit Intlsat to continue providing "additional services" to the former Loral customers. The Bureau‘s STA grant did not extend to additionalservices that were not previously s orny2s.2000). * inclsaNorth America,LLC, Requestfor Extension ofTemporary Authority ("SFA Extension Request"), File No: SAT—STA—20050228—0082 (filed Febrwary 28, 2005). Intesat also requests that we vacate porions of the order granting the STA asitreltesto its provsion of additinal services under the ORBT Act. We deny thatrequest. As discussed berein,issues concerning Intesa‘s provision of additonalsrvices are pending before the Commission and will be properly addvessed by the Commission thcontextof those proceedings * Contress amended theStelite Communications Act of 1962, 47 U.S.C.$701 etseq. (Satelite AcQ by adopting the ORBIT Act, Pub. L. No. 106—180, 114 Stat 48 (2000), codifed at 47 U.S.C. § 761 etsep.(berein, ORBTT Act with reference to the stautory section numbersof the Satelite Act, as amended by the ORBIT Acd. ‘Under the ORBIT Act, additonal services, for Inelat,are defined as directto—home or direct broadcastsrelite video services, orservices ithe a or V bands. See ORBTT Act as amended. $ 681(@(12)(B)« * Loral Satelte, Ic. (Debtorin—Possession) and Lorel SpaceCom Corporation (Debtor—in—Pomession), and Antelsat North America, LLC, Appliationfor Consent o AssignmentsofSpace Sution Authorizations and Pettion Jor Decluratory Ruling Under Setion 310(b¥4) of the Communications Act of 1934, as Amended, Order and Authorization, 19 FCC Red 2404 2004) (‘Loreifintesar Order") * LoraUAnicsat Order,19 FCC Red at2430.

Federal Communications Commission pa os—ee? provided by Loral, and did not authorize Intelsat to provide additional services to any new customers ® \We subsequently granted Intelsa‘s equest for extension ofthe STA for an aditional 180 days, until March 14, 2005." We found thatan extension was warranted to maintain the status quo of service to customers while the Commission reviewed the Applicationfor Review of the LoralZnrelsat Order fled by SES AMERICOM, Inc. which raised objectionstothe grant of the STA as well as the approval ofthe transactionas a whole" 3. We find that granting Intelsat an addiional extension is warranted at this time. Under the ORBIT Act, Itelsat may not provide addtionalservices unt meets certain privatization requirements under provisions of Section 621, as amended." Section 621 requires that the Commissionfind that Intelsathas achieved full privatization by (1) conducting an TPO to substantilly diutethe ageregate ownership of ts former Signatories;" or in th altemative,(2) certifying to the Commission that(2)it has achieved substantial dilution othe agereeate amount of financialinterest by former Signatories;(b) no intergovemmental organization has any ownership interest in Intelsat; and (e) any former Signatories that retain a financial interesin Intlsatdo not possess together, o individually, effective control othe companies."" On December 23, 2004, in light of the Commission‘s approval othe transfer of ontrol of Intlsat to Zeus Holdings Limited, a private equity roup," Intelsatfiled a Certification and Petiion for Declartory Ruling requesting that the Commission fid it has complied with Section 621 ofh ORBIT Act. 4. Both the Application for Review of the LoralIntelsatOrder and Intelsat‘s Cenifieation and related Periion for Declaratory Ruling pursuant to Section 621(SXF) of the ORBIT Actare pending before the Commission. These pending matiers are directly reated to the ssue of Intelsat‘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 that customers are not adversely impacted during the regulatory review process on matters relted to these pending matters. Thus, we find that it i reasonable to maintain the status que, pending the Commission‘s ruling on the matter related to Intelsat‘s legalstatus under he ORBIT Act to provide "additionalservices." Our decision to extend the STA is without prejudice to the Commission‘s esolution of reated issues pending in the Application for Review of the Loral/imelsar Order. nd Inelsat‘s Pettion for Declaratory Ruling and ORBT Act Certification. Accordingly, we grant Intelsa‘s S7A Extersion Requestfor an additional30 days, from March 14, 2004 to April 13, 2005, oras othervise directed by the Commission * LoreUMntesat Order, 19 FCC Red at2430. * see Inelat North America, LLC Requestfor Etension ofSpecial Tenporary Auhority, Order, DA 04—2445, rel. Juby 30, 2004 " SES Americom, Inc. ApplicationforReview, ile Nos. SAT—ASG—20030728—0013800139 (March 12, 2004 * ORBIT Act as amended, § 621 " ORBIT Actas amended, 68 6210) and 621G)(A)0) " See ORBT Act, asamended. 621(SX(P. : See ntesat, Lad. Transferor, and Zeus Holdings Linied,Transferee, Consolidated Aplicatinfor Consent to Transfer Conrol of Holders of Tite It and Tite lt Axthorizations and Pettion for Declaratory Rating under Sections 310 ofhe Communications Act of1934, as anended, Order and Aubborization,IB Docket No.04—366, DA 04—4034 (In‘l Bur. el. Dec. 22, 2004Ematum, rel. an 28, 005. See alo, Satllte Communications Services Information, Actions Taken,Public Notice, Report No. SES—00682, Feb 2, 2005. ® See Inelsat, Li. Files Pettion for Declaratory Ruling and Certfication Parsuant to Section 621GT) of the Oven—Market Reorganization for the Beterment of Inermtional Telccommunications Act,as amended CORBIT Act), Public Notie, DA 05—88, Janvary 14, 2005. The pleating cyele has closed and the Commission is currenty reviewingtherecord in that proceeding

Federal Communications Commission wa os—6e7 5. Accordingly, TT JS ORDERED, pursuant to Sections 4), 303()and 309 (D of the Communications Act, 47 U.S.C. §§ 1540), 303(and 309(and Section 25.120(b)(4)of the Commission rules, 47 CR. § 25.120(b)(4),thatthe Requestfor Extension of Special Temporary Authority filed by Intelsat North America, LLC on Rebrusry 28, 2008 is GRANTED to the extent specified herein. FEDERAL COMMUNICATIONS COMMISSION %M ST“?SX Thomas S. Tyc ChietSatelite Division Interational Bureau


Document Created: 2005-03-14 10:50:10
Document Modified: 2005-03-14 10:50:10
© 2025 FCC.report
This site is not affiliated with or endorsed by the FCC