SES Seeks Summary Judgment In Intelsat Bankruptcy Claim

摘要

SES Americom, Inc., has filed a motion asking a bankruptcy court to grant summary judgment on its claims against Intelsat S.A. alleging breach of contract, breach of fiduciary duties, and unjust enrichment related to Intelsat's efforts to get a larger share of the $9.7 billion in accelerated relocation payments approved by the FCC in connection with the repurposing of 300 megahertz of C-band spectrum for terrestrial broadband use. But Intelsat filed its own motion for summary judgment.The SES summary judgment motion filed June 16 in the U.S. Bankruptcy Court for the Eastern District of Virginia (case 20-32311) seeks about $421 million in direct compensatory damages, plus punitive damages.SES has said that its agreement with Intelsat in establishing the C-Band Alliance called on the operators "to split both control of the CBA and the vast majority of its proceeds, with a percentage going to the other members of the CBA and to cover CBA's costs."After the FCC's draft C-band order was circulated, Intelsat asked the agency to up its share of the $9.7 billion in accelerated relocation payments from 50% to between 60% and 67%. Intelsat also asked the FCC to modify the order so it treats Intelsat, SES, and Telesat Canada as separate companies rather than only focusing on the C-Band Alliance, of which they were members. Under the final order, Intelsat is eligible for $4,865 billion in accelerated relocation payments, while SES is eligible for $3,968 billion (TR, March 20, 2020).