PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500. Recorded listing of releases and texts 202/418-2222. Report No. DS-1851 June 12, 1998 PROCEDURES FOR EARTH STATION LICENSEES USING INTELSAT SATELLITES THAT WILL TRANSFER TO NEW SKIES SATELLITE, N.V. On March 31, 1998, the INTELSAT Assembly of Parties (Assembly) formed a new spinoff satellite company, New Skies Satellite, N.V. (New Skies). INTELSAT Assembly of Parties, Record of Decisions of the Twenty-Second (Extraordinary) Meeting, (AP-22-3E Provisional) Salvador, Brazil, March 31, 1998. The Assembly decided to transfer various assets to New Skies, including the following satellites currently within the INTELSAT fleet: Satellite Orbital Location Frequency Band INTELSAT 513 183ø E.L. C and Ku-band INTELSAT 703 57ø E.L. C and Ku-band INTELSAT 803 338.5ø E.L. C and Ku-band INTELSAT 806 319.5ø E.L. C and Ku-band INTELSAT K 338.5ø E.L. Ku-band INTELSAT also will transfer the construction contract for its K-TV satellite, which is scheduled to be launched in Spring 1999. The Federal Communications Commission has authorized various earth stations to communicate with the satellites listed above as part of the INTELSAT system. All of these authorizations will terminate effective upon the transfer of the satellites from INTELSAT to New Skies. At the Assembly in Brazil, it was expected that the satellite assets would transfer in July 1998. The anticipated transfer date, however, may be delayed. New Skies has been incorporated in the Netherlands. After the satellites are transferred to New Skies, the Administration of the Netherlands will be responsible for coordinating the New Skies' satellites internationally. As non-U.S. satellites, the New Skies satellites will be subject to the standards established in the Commission's DISCO II Order implementing the U.S. commitments in the World Trade Organization Agreement for Basic Telecommunications Services. Non-U.S. Licensed Satellites Providing Domestic and International Service in the United States, Report and Order, 12 FCC Rcd 24094 (November 26, 1997) (DISCO II Order). Specifically, the DISCO II Order establishes pro-competitive requirements for authorization of any INTELSAT affiliate or spinoff to operate in the United States (12 FCC Rcd at 24154-24155, paras. 136-138). Any earth station licensee currently authorized to operate with any of the satellites listed above that intends to continue to serve the United States using a New Skies satellite must submit a modification application (FCC Form 312) pursuant to Section 309 of the Communications Act and Section 25.117 of the Commission Rules by Friday, July 17, 1998. Licensees must identify the New Skies satellite with which their earth stations will communicate. The Commission will consider these modification applications in light of the DISCO II Order requirements. To continue to provide existing services to customers after asset transfer and prior to a Commission decision on the modification application, licensees may submit a request for Special Temporary Authority pursuant to Section 309 of the Communications Act and Section 25.120 of the Commission s Rules. For more information, contact Linda L. Haller (Satellite Policy Branch) at (202) 418- 0760 or Sylvia T. Lam (Satellite Engineering Branch) at (202) 418-0742.