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 NEWS  News  Media  Information  202  /  418-  0500  TTY  202  /  418-  2555  Fax-  On-  Demand  202  /  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974). 
 For  Immediate  Release  News  Media  Contact: 
 March  30,  2001  Chris  Murphy  at  (202)  418-  2373 


 COMMISSION  GRANTS  NEW  SKIES  SATELLITES  N.  V.  FULL-  TERM  ACCESS  TO  THE  U.  S.  MARKET 


 Washington,  D.  C.  –  The  Commission  has  granted  the  request  of  New  Skies  Satellites 
 N.  V.  to  provide  satellite  services  to,  from,  and  within  the  United  States  on  a  full-  term  basis.  In 
 taking  this  action,  the  Commission  found  that  New  Skies  has  satisfied  the  requirements  of  the 
 Open-  Market  Reorganization  for  the  Betterment  of  International  Telecommunications  Act  (the 
 ORBIT  Act). 


 New  Skies  is  the  Netherlands-  based  INTELSAT  spin-  off  created  in  1998  as 
 INTELSAT’s  first  step  toward  privatization.  In  1999,  the  Commission  granted  U.  S.  earth  station 
 operators  limited  three-  year  authorizations  to  operate  with  New  Skies  in  the  U.  S.  market  pending 
 New  Skies’  taking  certain  actions  to  become  independent  of  INTELSAT.  The  subsequently 
 enacted  ORBIT  Act  established  legislative  criteria  for  Commission  review  of  applications  to 
 serve  the  U.  S.  market  by  INTELSAT  spin-  offs  such  as  New  Skies.  In  finding  that  New  Skies 
 has  satisfied  ORBIT  Act  criteria  –  including  conducting  an  IPO  that  substantially  diluted 
 ownership  by  Signatories  of  INTELSAT,  having  a  board  of  directors  and  management 
 independent  of  INTELSAT  and  its  Signatories,  and  maintaining  an  arms-  length  relationship  with 
 INTELSAT  –  the  Commission  extended  the  authorizations  of  U.  S.  earth  stations  operating  with 
 New  Skies  satellites. 


 On  a  related  issue,  the  Commission  granted  New  Skies’  request  for  an  extended  waiver  of 
 the  Commission’s  two-  degree  spacing  policy,  subject  to  conditions.  In  1999,  the  Commission 
 required  New  Skies  to  operate  on  a  non-  harmful  interference  basis  relative  to  U.  S.  services 
 provided  by  two-  degree  compliant  satellites  if  New  Skies  does  not  reach  coordination 
 agreements  with  the  operators  of  compliant  satellites.  In  today’s  action,  the  Commission  waived 
 the  non-  harmful  interference  condition  provided  New  Skies  commits  that  (1)  two-  degree-compliant 
 U.  S.  services  over  current  and  future  U.  S.-  licensed  or  non-  U.  S.-  licensed  satellites 
 serving  the  U.  S.  market  spaced  two  degrees  or  more  from  the  New  Skies  satellites  are  assumed 
 to  be  fully  coordinated,  and  (2)  non-  compliant  U.  S.  services  over  current  or  future  U.  S.-  licensed 
 or  non-  U.  S.  licensed  satellites  serving  the  U.  S.  market  spaced  two  degrees  or  more  from  the  New 
 Skies  satellites  will  be  coordinated  on  an  equal  basis  irrespective  of  the  relative  dates  of  receipt 
 of  the  coordination  at  the  ITU. 
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 In  a  separate  action,  the  International  Bureau’s  Satellite  and  Radiocommunication 
 Division  granted  New  Skies’  request  to  add  its  currently  operating  satellites  to  the  Permitted 
 Space  Station  List,  subject  to  the  same  conditions  described  above.  The  Satellite  and 
 Radiocommunication  Division  also  will  modify  the  licenses  of  earth  stations  authorized  to 
 communicate  with  New  Skies  satellites  as  a  result  of  the  Commission’s  actions  today. 


 Action  by  the  Commission  March  27,  2001,  by  Memorandum  Opinion  and  Order  (FCC 
 01-  107).  Chairman  Powell,  Commissioners  Ness,  Furchtgott-  Roth  and  Tristani. 


 For  further  information,  contact  James  Ball,  International  Bureau  at  (202)  418-  0427  or 
 John  Martin  at  (202)  418-  7281;  or  Alexandra  Field,  Satellite  and  Radiocommunication  Division, 
 International  Bureau  at  (202)-  418-  2064. 


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