FOR IMMEDIATE RELEASE News Media Contact August 6, 1999 David Fiske (202) 418-0500 FCC GRANTS EARTH STATION LICENSES TO ACCESS NEW SKIES SATELLITES The Federal Communications Commission today authorized approximately 120 U.S. earth stations to provide fixed satellite services (FSS) to, from and within the United States via satellites operated by New Skies, NV (New Skies). In granting the license, the Commission found that New Skies' entry into the United States market would be in the public interest because it would promote competition and new service options for consumers. However, the Commission found that New Skies' continued relationship with the International Telecommunications Satellite Organization (INTELSAT) created a "potential for harm to competition" in the U.S. market. Therefore, in order to promote and better monitor New Skies' efforts to achieve independence from INTELSAT, the Commission issued New Skies a three-year license. New Skies, a spin-off of INTELSAT, was established as a separate, commercial company incorporated in the Netherlands pursuant to a decision of the INTELSAT Assembly of Parties in March 1998. It became operational in November 1998, after INTELSAT transferred five operational satellites and other assets to New Skies. The Commission concluded that a three-year license term best serves the public interest because it allows New Skies to enter the U.S. market while addressing the competitive concerns raised by its INTELSAT lineage. Specifically, the Commission noted that the Assembly of Parties created an ex post review process "with the objective of ensuring [New Skies'] independence from INTELSAT" through, among other things, an initial public offering within a fixed period of time. Under this ex post review process, competition authorities "will monitor and regulate [New Skies'] commercial activities, including its efforts to increase the level of, or accelerate the pace of, non-Signatory ownership". In carrying out this function, and applying applicable U.S. law, the Commission found that New Skies is not yet independent of INTELSAT, and thus has the ability and incentive to engage in activities that could potentially harm competition. For these reasons, the Commission granted the licenses for a three-year term. The Commission stated its willingness, however, to grant a full term ten-year license once New Skies achieves and demonstrates independence from INTELSAT. In granting the applications, the Commission applied the standard adopted in the DISCO II Order for affiliates of intergovernmental satellite organizations, and acted consistent with the decision of the INTELSAT Assembly of Parties. 1 The Commission found that New Skies' entry into the U.S. market does not pose "a very high risk to competition" that would warrant a denial of the applications. The Commission found, however, that a potential for harm to competition in the U.S. market exists until New Skies achieves full independence from INTELSAT. The Commission noted that the three-year license term is intended to encourage New Skies to become independent of INTELSAT in a timely manner, consistent with the Assembly Decision. New Skies also will be required to file quarterly status reports on its plans for an initial public offering as well as other steps it has taken toward independence. The Commission further indicated that at any time during the three-year term, New Skies may request, on behalf of all of the earth station licensees, extension of the licenses for a full ten- year term upon a showing that it has achieved independence from INTELSAT and the INTELSAT Signatories. In making a determination of independence, the Commission identified that it would consider New Skies' progress toward: (a) a substantial dilution of INTELSAT Signatory ownership; (b) the termination of particular service agreements between INTELSAT and New Skies; and (c) the novation of existing customer contracts and termination of leaseback agreements. The Commission granted these earth station applications authority to access New Skies 513, New Skies 703, New Skies 803, New Skies 806, and New Skies K satellites. This grant ensures continuity of service to those operators using the New Skies satellites prior to the transfer from INTELSAT. Second, the Commission granted pending applications by U.S. earth station entities to provide domestic and international fixed-satellite services (FSS) to, from, and within the United States using the New Skies satellites. The authorizations cover certain types of fixed satellite services, including cable restoration services and Internet services. The authorizations do not cover Direct-to-Home (DTH), Direct Broadcasting Services (DBS) or Digital Audio Radio Services (DARS). Such services would require separate authorizations, which would be evaluated under different criteria. Action by the Commission on August 6, 1999, by Order (FCC 99-210). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and Tristani. - FCC - International Bureau contacts: Peter Pappas (202) 418-0746; Linda Haller (202) 418-1408; or Tania Hanna at (202) 418-0762. Report No. IN 99-27