*Pages 1--4 from Microsoft Word - 45384.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S. W. WASHINGTON, D. C. 20554 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov DA 05- 88 Released: January 14, 2005 Intelsat, Ltd. Files Petition for Declaratory Ruling and Certification Pursuant to Section 621( 5)( F) of the Open- Market Reorganization for the Betterment of International Telecommunications Act, as amended (the “ORBIT Act”) PLEADING CYCLE ESTABLISHED IB Docket No. 05- 18 Comments Due: February 14, 2005 Replies Due: March 1, 2005 On December 23, 2004, Intelsat, Ltd. (“ Intelsat”) filed with the Commission, a Petition for Declaratory Ruling and attached certification, 1 along with a supplemental submission on January 14, 2005, 2 pursuant to Section 621( 5)( F) of the Open- Market Reorganization for the Betterment of International Telecommunications Act, as amended (the “ORBIT Act”). 3 In its Petition for Declaratory Ruling, Intelsat seeks a Commission ruling that, upon consummation of the transaction with Zeus Holdings Limited (“ Zeus”), as approved by the Federal Communications Commission (“ FCC”) on 1 See Petition for Declaratory Ruling that Intelsat, Ltd. Complies With Section 621( 5)( F) of the ORBIT Act and Certification of Intelsat, Ltd., filed by Conny L. Kullman, Chief Executive Officer of Intelsat, Ltd., with the Secretary, Federal Communications Commission, dated December 23, 2004, File No. SAT- PDR- 20041228- 00231 (Intelsat Petition for Declaratory Ruling). 2 Intelsat replaced the Certification appended to its Petition for Declaratory Ruling with a new Certification which references the Commission’s December 22, 2004 action on the transfer application filed by Intelsat and Zeus Holdings Limited, noted in note 4 infra. See Intelsat, Ltd. Supplemental Submission, Petition for Declaratory Ruling that Intelsat, Ltd. Complies With Section 621( 5)( F) of the ORBIT Act, File No. SAT- PDR- 20041228- 00231, filed with the Secretary, Federal Communications Commission, dated January 14, 2004 (Intelsat Certification). 3 See Title VI of the Communications Satellite Act of 1962, as amended, 47 U. S. C. §§ 701 et seq., which was added by the Open- Market Reorganization for the Betterment of International Telecommunications Act, Pub. Law 106- 180, 114 Stat. 48 (2000), most recently amended by Pub. Law 108- 371, 118 Stat. 1752 (2004) (herein, “ORBIT Act”). The ORBIT Act was passed by Congress in 2000 to “promote a fully competitive global market for satellite communications services … by fully privatizing the intergovernmental satellite organizations, INTELSAT and Inmarsat.” ORBIT Act, § 2. An amendment to the ORBIT Act was signed into law on October 25, 2004, providing an alternative method by which INTELSAT could comply with the privatization requirements of Section 621( 5) by adding new subsections (F) and (G). See ORBIT Act, §§ 621( 5)( F), 621( 5)( G). 1 2 December 22, 2004 (DA 04- 4034), 4 Intelsat will be in compliance with the requirement under Section 621( 5)( F) of the ORBIT Act. 5 In its Certification, Intelsat certifies, that upon consummation of Intelsat’s transaction with Zeus Holdings Limited (“ the Zeus Transaction”), which the FCC approved by Order dated December 22, 2004 (DA 04- 4034): Intelsat will achieve substantial dilution of the aggregate amount of former signatory financial interest in Intelsat; 6 any signatories or former signatories that retain a financial interest in Intelsat will not possess, together or individually, effective control of Intelsat; 7 and no intergovernmental organization will have any ownership interest in a successor entity of Intelsat. 8 The ORBIT Act requires that Intelsat provide financial and other information to the Commission, as the Commission may require, to verify its Certification. 9 In its Petition for Declaratory Ruling, Intelsat states that it has provided the information requisite for verification of its certification pursuant to Section 621( 5)( F)( ii) and maintains that any financial or other information necessary to verify its certification is a matter of record before the Commission in the Zeus/ Intelsat proceeding, IB Docket No. 04- 366. 10 Intelsat states that in the course of that proceeding, it provided information to the Commission in specific filings, including: (1) Intelsat/ Zeus’ Consolidated Transfer of Control Application, filed on September 4, 2004; (2) an Erratum filed on September 10, 2004; and (3) Letters providing additional ownership information, that can be used to conclusively verify Intelsat’s ORBIT Act Certification. 11 We will incorporate the full record in IB Docket No. 04- 366, including the filings specified by Intelsat and Zeus in its Petition for Declaratory Ruling, into the record of this proceeding. These filings are available by accessing the Commission’s Electronic Comment Filing System (ECFS) in IB Docket No. 04- 366 and will be included as part of the record in this proceeding. 4 On December 22, 2004, the International Bureau (Bureau) released an order in IB Docket No. 04- 366, authorizing, subject to certain conditions, the transfer of control of Intelsat’s Title II and Title III licenses to Zeus. See Intelsat, Ltd., Transferor, and Zeus Holdings Limited, Transferee, Consolidated Application for Consent to Transfer Control of Holders of Title II and Title III Authorizations and Petition for Declaratory Ruling under Sections 310 of the Communications Act of 1934, as amended, Order and Authorization, DA 04- 4034 (Int’l Bur. rel. Dec. 22, 2004) (Zeus/ Intelsat Order and Authorization). Under the terms of the Zeus/ Intelsat Order and Authorization, Zeus and Intelsat must complete the transaction by February 22, 2005, sixty days after the release date of the order. See Zeus/ Intelsat Order and Authorization at para. 51. See also, Section 25.119( f) of the Commission’s rules, 47 C. F. R. § 25.119( f). 5 See Intelsat Petition for Declaratory Ruling at 2. See also, ORBIT Act, §§ 621( 5)( F)( i)( I),( II) and (III). 6 See ORBIT Act, § 621( 5)( F)( i)( I). Under this provision, Intelsat must certify that it has achieved substantial dilution of the aggregate amount of signatory or former signatory financial interest in successor entities of INTELSAT. The term “substantial dilution” is defined under the amended ORBIT Act to mean that a majority of the financial interests in Intelsat are no longer held or controlled, directly or indirectly, by signatories or former signatories. See ORBIT Act, § 621( 5)( G). 7 See ORBIT Act, § 621( 5)( F)( i)( II). 8 See ORBIT Act, § 621( 5)( F)( i)( III). 9 ORBIT Act, §§ 621( 5)( F)( ii). 10 See Intelsat Petition for Declaratory Ruling at 4- 5. Intelsat incorporates by reference the filings submitted with respect to its Consolidated Application for Consent to Transfer Control of Title II and Title III Authorizations from Intelsat to Zeus. 11 Intelsat Petition for Declaratory Ruling at 4- 5. 2 4 International Bureau, at Marilyn. Simon@ fcc. gov, or (202) 418- 0748 (facsimile); (4) Louise Klees-Wallace, Satellite Division, International Bureau, at Louise. Klees- Wallace@ fcc. gov, or (202) 418- 0748 (facsimile); (5) Neil Dellar, Office of General Counsel, at Neil. Dellar@ fcc. gov, or (202) 418- 1234 (facsimile). Copies of the applications and any subsequently- filed documents in this matter may be obtained from Best Copy and Printing, Inc., in person at 445 12th Street, S. W., Room CY- B402, Washington, D. C. 20554, via telephone at (202) 488- 5300, via facsimile at (202) 488- 5563, or via e- mail at fcc@ bcpiweb. com. The applications and any associated documents are also available for public inspection and copying during normal reference room hours at the following Commission office: FCC Reference Information Center, 445 12th Street, S. W., Room CY- A257, Washington, D. C. 20554. The applications are also available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http:// www. fcc. gov. Alternate formats of this public notice (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting Brian Millin at (202) 418- 7426 (voice), (202) 418- 7365 (TTY), or send an e- mail to access@ fcc. gov. For further information, contact JoAnn Lucanik, Satellite Division, International Bureau, at (202) 418- 0719 or Louise Klees- Wallace, Satellite Division, International Bureau, at (202) 418- 1321. -FCC- 4