• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to secondary sidebar
  • Skip to footer
  • NEWS:
  • SatNews
  • SatMagazine
  • MilSatMagazine
  • SmallSat News
  • |     EVENTS:
  • SmallSat Symposium
  • Satellite Innovation
  • MilSat Symposium
  • SmallSat Europe

SatNews

Satellite Industry Intelligence Since 1983

Subscribe
  • LATEST
  • SatNews Events
  • Magazines
  • Calendar
  • Subscribe
  • Missions & Constellations
    • Exploration & Science Missions
    • In-Orbit Servicing & Orbital Operations
    • LEO Constellations
    • Mission Autonomy & Onboard Systems
    • Mission Deployments & Manifests
    • Navigation & PNT
    • SmallSat
    • Spacecraft & Payload Technology
    View All in Missions & Constellations →
    Access Hub and Maargin Release White Paper on Frugal LEO Constellations and Orbital AIAccess Hub and Maargin Release White Paper on Frugal LEO Constellations and Orbital AI
    SmallSat Europe Speaker Focus: Merek Chertkow, The Radiation Team
    U.S. Space Force Awards $3.2 Billion for Space-Based Interceptor LayerU.S. Space Force Awards $3.2 Billion for Space-Based Interceptor Layer
    NASA Objects to Blue Origin’s “Project Sunrise”NASA Objects to Blue Origin’s “Project Sunrise”
  • Business
    • Contracts & Commercial Deals
    • Earnings & Financial Reporting
    • Events & Conferences
    • Funding & Venture Capital
    • Market Forecasts
    • Mergers & Acquisitions
    • Personnel Moves & Appointments
    View All in Business & Finance →
    Satellite Technology and the Legacy of the Media PioneerSatellite Technology and the Legacy of the Media Pioneer
    SES and ARD Announce Decade-Long Satellite Distribution ExtensionSES and ARD Announce Decade-Long Satellite Distribution Extension
    Telesat Reports 25% Decline in GEO Revenue Amid Strategic Shift to Lightspeed LEOTelesat Reports 25% Decline in GEO Revenue Amid Strategic Shift to Lightspeed LEO
    SmallSat Europe Speaker Focus: Olaf Eckart, BMW GroupSmallSat Europe Speaker Focus: Olaf Eckart, BMW Group
  • Defense
    • Counterspace & ASAT
    • Defense Budgets & Procurement
    • ISR & Reconnaissance
    • MILSATCOM
    • Missile Warning & Defense
    • National Security Programs
    • Space Domain Awareness
    View All in Military & Defense →
    U.S. Space Force Integrates Domain Awareness Capabilities into Balikatan 2026U.S. Space Force Integrates Domain Awareness Capabilities into Balikatan 2026
    BAE Systems Enters Production for NavGuide M-Code GPS ReceiverBAE Systems Enters Production for NavGuide M-Code GPS Receiver
    Space Force Awards $3.2 Billion in Golden Dome Contracts for Orbital Interceptor ConstellationSpace Force Awards $3.2 Billion in Golden Dome Contracts for Orbital Interceptor Constellation
    USSF Finalizes GPS III Constellation with Successful SV-10 DeploymentUSSF Finalizes GPS III Constellation with Successful SV-10 Deployment
  • Gov
    • Export Controls & Compliance
    • International Space Agreements
    • National Space Policy
    • Space Law & Treaties
    • Space Sustainability & Debris Policy
    • Space Traffic Management / Debris Removal
    View All in Government & Regulation →
    Spectrum-Sharing Rules Get an OverhaulSpectrum-Sharing Rules Get an Overhaul
    ESA spells out satellite benefits – and risksESA spells out satellite benefits – and risks
    SmallSat Europe Speaker Focus: Jorge Ciccorossi, ITU Radiocommunications BureauSmallSat Europe Speaker Focus: Jorge Ciccorossi, ITU Radiocommunications Bureau
    Canada Tightens Re-entry Regulations as SpaceX Starlink Constellations DescendCanada Tightens Re-entry Regulations as SpaceX Starlink Constellations Descend
  • Launch
    • Launch Providers
    • Launch Schedule & Calendars
    • Launch Sites & Infrastructure
    • Rocket Technology & Vehicles
    View All in Launch →
    NanoAvionics Satellites Reach Orbit on SpaceX CAS500-2 MissionNanoAvionics Satellites Reach Orbit on SpaceX CAS500-2 Mission
    GalaxEye Successfully Launches “Mission Drishti” OptoSAR SatelliteGalaxEye Successfully Launches “Mission Drishti” OptoSAR Satellite
    Foxconn Launches Second-Generation PEARL Satellites via SpaceX Falcon 9Foxconn Launches Second-Generation PEARL Satellites via SpaceX Falcon 9
    FAA Grounds Blue Origin Following New Glenn Upper Stage Failure and Facility AnomalyFAA Grounds Blue Origin Following New Glenn Upper Stage Failure and Facility Anomaly
  • Software
    • Autonomous Ground Operations
    • Data Processing & AI/ML
    • Digital Twins & Modeling
    • Ground Segment & Teleports
    • Mission Planning & Simulation
    • Space Systems Software Engineering
    • Spectrum & Licensing
    View All in Software Automation & Ground Systems →
    SES Accelerates Multi-Orbit IFC Strategy with meoSphere and Next-Gen ESA DevelopmentSES Accelerates Multi-Orbit IFC Strategy with meoSphere and Next-Gen ESA Development
    SmallSat Europe Speaker Focus: Koen Willems, ST Engineering iDirect EuropeSmallSat Europe Speaker Focus: Koen Willems, ST Engineering iDirect Europe
    GMV to Lead Mission Planning for ESA’s Next-Generation Copernicus ExpansionGMV to Lead Mission Planning for ESA’s Next-Generation Copernicus Expansion
    Global Invacom Secures Exclusive Worldwide Distribution for Prodelin Antenna RangeGlobal Invacom Secures Exclusive Worldwide Distribution for Prodelin Antenna Range
  • Services & Apps
    • Climate & Environmental Monitoring
    • Disaster Response & Security Mapping
    • Earth Observation & Imaging
    • Maritime & Aviation Satcom
    • Satellite Communications
    View All in Services & Applications →
    SmallSat Europe Speaker Focus: Massimo Comparini, Leonardo Space DivisionSmallSat Europe Speaker Focus: Massimo Comparini, Leonardo Space Division
    The waiver was the policy. Thursday is the paperwork.The waiver was the policy. Thursday is the paperwork.
    Solstar Confirms Successful On-Orbit Operation of Deke Space Communicator Following Launch on SpaceX Transporter-16 MissionSolstar Confirms Successful On-Orbit Operation of Deke Space Communicator Following Launch on SpaceX Transporter-16 Mission
    IEC Telecom Unveils Voucher-Based Connectivity Solution at Singapore Maritime Week 2026IEC Telecom Unveils Voucher-Based Connectivity Solution at Singapore Maritime Week 2026

Forrester’s Digest: SES set to win Intelsat C-band claim

June 26, 2023

By Chris Forrester

SES has won a significant step in its long-running action against Intelsat over how the FCC’s compensation for C-band is apportioned. A Delaware Appeal Court has reversed the decision made by Intelsat’s bankruptcy court which ruled out the claim from SES. The Appeal Court has directed the claim now go back to Intelsat’s Bankruptcy Court. “The judgement of the Bankruptcy Court will be reversed,” stated the Appeal Court judge.

The ruling was made by District Judge Robert Payne on June 22nd. His decision was made just a few hours after Intelsat had – on June 21st – decided to pull out of merger talks with SES.

SES Americom has been pursuing Intelsat for a 50/50 share of the FCC’s payments (the Project Gross Proceeds). The dispute centers on the establishment in 2018 of the C-Band Alliance (CBA) and a Consortium Agreement signed to lobby for a private auction of C-band assets over the U.S. owned by SES and Intelsat. The FCC didn’t allow a private auction and, instead, carried out its own auction, with compensation going to each of the satellite operators supplying signals to the U.S. (including Eutelsat and Telesat of Canada).

Intelsat and SES were to receive a total of $9.7 billion (8.9 billion euros) from the FCC. ($866 million, in addition was shared by Eutelsat and Telesat).

In the core CBA document were statements that agreed that SES and Intelsat would share proceeds from the auction on a 50/50 basis. Intelsat later changed its mind over the agreement.

The FCC is (currently) committed to paying out at the end of this year totals of $4.865 billion to Intelsat and $3.968 billion to SES. A portion of these amounts has already been paid to Intelsat and SES.

These payments are at the core of SES’s 50/50 argument. A separate claim by SES against Intelsat for ‘unjust enrichment’ was not allowed by the Appeal Court.

The ruling is a vindication of the agreements, statements and eventually legal arguments made by Steve Collar, the CEO at SES (who is stepping down from his leadership position), and his colleagues during the litigation. The Consortium Agreement, despite not being the best constructed of agreements (and criticized by the Appeal judge) was nevertheless clear in its intentions.

SES, in a statement, stated. “SES achieved a major appellate victory in its commercial contract case against Intelsat over the latter’s refusal to honor its promise to evenly split billions of dollars the parties received for clearing a critical band of electromagnetic spectrum (the “C-Band”) for 5G wireless use. SES had brought its claims against Intelsat in bankruptcy court after Intelsat filed for Chapter 11. The bankruptcy court found Intelsat not liable under the parties’ contract, but on appeal, the district court agreed with SES that the bankruptcy court took “a clearly erroneous view of the record” without conducting an “independent analysis of the extensive extrinsic evidence” favoring SES. The district court remanded the case to the bankruptcy court to consider the “very strong extrinsic evidence favoring SES’s position.”

Chris Forrester

Filed Under: Satellite Communications, Space Law & Treaties

Primary Sidebar

Coverage

  • Missions & Constellations
  • Business & Finance
  • Military & Defense
  • Launch
  • Software Automation & Ground Systems
  • Government & Regulation
  • Services & Applications

Most Read Stories

  • What the SpaceX IPO Changes for Every Satellite Operator
  • NASA Shuts Off Instrument on Voyager 1 to Extend Interstellar Mission
  • Russia Replaces Starlink With European-Built Satellites
  • Isaacman’s Budget Math: How NASA Plans to Reach the Moon With a Quarter Less Money
  • FCC Modernizes Satellite Spectrum Rules to Unleash Next-Generation Broadband

Secondary Sidebar

Footer

 

Satnews is a leading provider of satellite news, events, publications, research and other satellite industry information in both commercial and military enterprises worldwide.

Stories By Category

  • Business & Finance
  • Government & Regulation
  • Launch
  • Military & Defense
  • Missions & Constellations
  • Services & Applications
  • Software Automation & Ground Systems
  • Spectrum & Licensing
  • Startups & NewSpace Business

About Us

  • Leadership & Editorial Team
  • SatNews History
  • Free Satnews Subscription
  • SatNews Events
  • Magazines

Navigation

  • Latest Stories
  • Magazines
  • Events
  • Contact
  • Cookie & Privacy Policy for Satnews

We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.
x
Sign up Now (For Free)
Access daily or weekly satellite news updates covering all aspects of the commercial and military satellite industry.
Invalid email address
Notify Me Regarding ( At least one ):
We value your privacy and will not sell or share your email or other information with any other company. You may also unsubscribe at anytime.

Click Here to see our full privacy policy.
Thanks for subscribing!