{"id":80797,"date":"2013-06-18T20:01:31","date_gmt":"2013-06-18T12:01:31","guid":{"rendered":"https:\/\/wp-productionenv-bjg9h2g2bgg5b8aa.southeastasia-01.azurewebsites.net\/news\/fcc-launches-satellite-industry-inquiry-examines-unfair-market-competition-claims\/"},"modified":"2013-06-18T20:01:31","modified_gmt":"2013-06-18T12:01:31","slug":"fcc-launches-satellite-industry-inquiry-examines-unfair-market-competition-claims","status":"publish","type":"post","link":"https:\/\/starpath.global\/news\/fcc-launches-satellite-industry-inquiry-examines-unfair-market-competition-claims\/","title":{"rendered":"FCC Launches Satellite Industry Inquiry Examines Unfair Market Competition Claims"},"content":{"rendered":"<table width=\"150\" cellspacing=\"2\" cellpadding=\"6\" border=\"0\" align=\"left\" margin=\"5\">\n<tbody>\n<tr>\n<td><img loading=\"lazy\" decoding=\"async\" width=\"225\" vspace=\"5\" hspace=\"5\" height=\"127\" align=\"left\" alt=\"\" src=\"\/Assets\/Image\/fcc.jpg\"><\/td>\n<\/tr>\n<tr>\n<td>\n<i>The U.S. Federal Communications Commission (FCC)&nbsp;is directed by five commissioners appointed by the President and confirmed by the U.S.&nbsp;Senate for a 5-year term.<br \/>\n            <\/i><br \/>\nImage credit: FCC\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>[Satellite TODAY 06-18-13] The <b>U.S. Federal Communications Commission<\/b> (FCC) recently launched an inquiry into allegations that multiple satellite fleet operators, including <b>Intelsat<\/b>, have been purportedly abusing their market position.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;Concerned with overall fixed-satellite services (FSS) market competition, the inquiry \u201cseeks to address the question of whether satellite operators unfairly warehouse orbital locations through the use of: (1) gaps in service, (2) substituting older replacement satellites, (3) license extensions, and (4) underutilized satellites,\u201d according to Chris Quilty, senior vice president with <b>Raymond James<\/b> in a recently issued report.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A few years ago when the bidding process for&nbsp;military Commercial Broadband Satellite Program (CBSP)&nbsp;changed, more satellite operators were provided with an opportunity to bid, which of course heated up industry competition. As a result, according to Quilty, the inquiry was initially prompted by disgruntled channel partners who lost a large <b>U.S. Navy<\/b> contract to Intelsat more than three years ago.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;\u201cThe inquiry was initiated in direct response to comments made in the&nbsp;Orbit Act, Eleventh Report,&nbsp;released in June 2010, which is an annual report filed by the FCC pursuant to the Orbit Act of 2000 that privatized both Intelsat and Inmarsat,\u201d Quilty said.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;While the purpose of the Orbit Act reports are to determine the status of competition for domestic and international satellite communications services, Quilty notes that sometimes they have served as a sounding board for disgruntled competitors.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;\u201cSuch is the case with the current inquiry, which was initiated in response to Orbit Act protests lodged by four of Intelsat\u2019s partners in April 2010. Three of these protestors, <b>Harris CapRock<\/b>,<b> Artel<\/b>, and <b>Globecomm,<\/b> had just recently lost a more than $500 million U.S. Navy contract bid [CBSP program] to Intelsat\u2019s wholly-owned government services subsidiary, Intelsat General,\u201d Quilty said.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Ironically, Intelsat\u2019s decision to sell end-to-end solutions ultimately resulted in increased competition with its own customer base. The decision was a competitive surprise, because it marked a change in Intelsat\u2019s policy to aggressively pursue end-to-end solutions, according to a source familiar with the inquiry.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;Harris Caprock declined to comment on the allegation that their comments to the FCC were retaliatory for losing a contract, but said the company takes notes of the time frame of the FCC inquiry.&nbsp;<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;\u201cMore than three years have passed since [our] comments were filed with the FCC.&nbsp;We are now part of <b>Harris Corporation<\/b> and are focused on other business matters. Harris CapRock supports level playing fields in all the markets we serve, and believes that competition benefits customers by driving innovative, cost-effective solutions,\u201d Harris Caprock said in a written statement.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp; Artel also declining to comment on the same retaliatory allegation said they have received a copy of the FCC Notice of Inquiry and welcome further competition and transparency. \u201cAs with any business today, we are constantly reviewing the competitive landscape to ensure there is a level playing field for all players and the customer\/end-user receives the transparency and choice they demand, and deserve,\u201d Artel said in a written statement.<\/p>\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Globecomm could not be reached for comment prior to publication.<br \/>\n&nbsp;<br \/>\n<i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<\/i><i>SatelliteTODAY.com<\/i><i>&nbsp;<\/i>reached out to FCC officials multiple times citing the ongoing inquiry from June 8 to June 18 but the FCC declined to comment.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In the meantime, Intelsat contends it has promoted healthy market competition and has been fully cooperating with the FCC inquiry.&nbsp;\u201cThere is no shortage of evidence supporting our view that the satellite industry is fully competitive, including the number of new entrants launching satellites into orbital locations over the past several years,\u201d Intelsat officials said in a written statement noting that they will \u201cprovide comments under the NOI [notice of inquiry] in due course.\u201d<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Intelsat also contends that their decisions regarding the deployment of satellite assets are based upon a competitive environment, but said that the time has come to change American regulations. \u201cIt is time for Congress to consider repealing the Orbit Act\u2019s obsolete reporting requirement,\u201d the statement said.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;But according to the FCC,&nbsp;the very purpose of the Orbit Act is to \u201cpromote a competitive global market for satellite communication services for the benefit of consumers and providers of satellite services.\u201d The act requires the filling of an annual report to U.S. Congress on the status of satellite market competition.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;While Intelsat and the FCC exchange words, Qulity went one step further and made allegations of his own, claiming the FCC inquiry was also timed to influence the bidding process for a 10-year, $5 billion dollar contract regarding a future comsat services acquisition, announced back in August 2009 as a joint effort between the<strong> GSA<\/strong> and <strong>DISA.<\/strong><br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;According to a FCC report to Congress in 2010, Intelsat privatized and became a U.S. licensee back in 2001 when it transferred its assets to a commercial corporation. In 2006, the FCC approved the merger of Intelsat Holdings with <b>PanAmSat Holding Corporation,<\/b> granting applications for the transfer of control to Intelsat. With the support of the <b>U.S. State Department<\/b> in 2008, the FCC released an order modifying certain space station licenses held by Intelsat after consultation with NTIA. And since June 15, 2009, Intelsat has filed a number of requests for license authorizations and modifications. &nbsp;<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Meanwhile, according to the June 2013 inquiry, \u201cCapRock has expressed concern that failing to replace retired satellites on a timely basis does not reflect current technology. This could preclude new or existing satellite operators from building and launching new spacecraft that can offer the benefits of competition and advanced technology,\u201d the inquiry states.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Regardless of the reason or alleged politics behind the inquiry, the FCC is asking the satellite industry for help, providing input on proposed regulations.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;\u201cWe seek information that would be useful in addressing: (a) gaps in service; (b) older replacement satellites; (c) license extensions; and (d) underutilized space stations. In this regard, we ask for a description of the factors that satellite operators consider in managing their satellite fleets, including: (i) when to de-orbit or relocate an in-orbit satellite; (ii) when to launch a new satellite and what technology to incorporate into the new satellite; and (iii) when to relocate an existing in-orbit satellite to serve as a replacement. We also request commenters to provide examples of the role that these factors play in the decision-making process,\u201d the inquiry states.<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The FCC is asking if they should propose new regulations, including rules that would allow the commission to expedite consideration of requests for emergency replacement satellites. The FCC has compiled a full list of issues it is currently considering. [Click HERE to view the complete list\/full copy of FCC&nbsp;inquiry]<br \/>\n&nbsp;<br \/>\n&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;\u201cWe invite comment from space station licensees, customers and other interested parties on the various proposals addressing the vertical foreclosure and warehousing issues raised in this notice. Commenting parties are asked to explain their position in detail. Commenters are also invited to recommend alternatives,\u201d the FCC said. Comments may be filed electronically. [Click HERE&nbsp;to file comments.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The U.S. Federal Communications Commission (FCC)&nbsp;is directed by five commissioners appointed by the President and confirmed by the U.S.&nbsp;Senate for a 5-year term. Image credit: FCC [Satellite TODAY 06-18-13] The U.S. Federal Communications Commission (FCC) recently launched an inquiry into allegations that multiple satellite fleet operators, including Intelsat, have been purportedly abusing their market position. 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