Eutelsat, Deutsche Telekom settle German orbital position dispute
Eutelsat has reached a final settlement in its dispute with Deutsche Telekom regarding the duration of its right to use a German filing at the 28.5° East orbital position.
Even though the exact terms of the settlement will remain confidential, the row over rights to broadcast in the neighbourhood burst into the open in October 2012 with Eutelsat filing a request for arbitration against arch rival SES with the International Chamber of Commerce (ICC).
This action was filed in relation to an alleged breach of a 1999 agreement whereby both Eutelsat and SES operators would “optimise the use of the scarce natural resource of satellite broadcasting frequencies over Europe”. The agreement allowed for Eutelsat to use at 28.5 degrees East the frequencies in the FSS band (11.20-11.70 GHz and 12.5-12.75 GHz) to ensure the continuation of services carried at that orbital location on Deutsche Telekom’s DFS Kopernikus satellite.
Deutsche Telekom subsequently transferred its satellite activity rights to German media service provider Media Broadcast with whom SES brokered a deal to use the aforementioned frequencies on its craft from October 2013.
Eutelsat and Deutsche Telekom mow say that they have settled without prejudice to the parties' respective positions concerning the subject of the dispute. Both parties have consequently agreed that arbitration proceedings initiated in 2011 before the International Court of Arbitration of the International Chamber of Commerce will be terminated. The Court of Arbitration is shortly expected to issue a decision by consent which will reflect the settlement agreed by both parties.
Eutelsat has reached a final settlement in its dispute with Deutsche Telekom regarding the duration of its right to use a German filing at the 28.5° East orbital position.
Even though the exact terms of the settlement will remain confidential, the row over rights to broadcast in the neighbourhood burst into the open in October 2012 with Eutelsat filing a request for arbitration against arch rival SES with the International Chamber of Commerce (ICC).
This action was filed in relation to an alleged breach of a 1999 agreement whereby both Eutelsat and SES operators would “optimise the use of the scarce natural resource of satellite broadcasting frequencies over Europe”. The agreement allowed for Eutelsat to use at 28.5 degrees East the frequencies in the FSS band (11.20-11.70 GHz and 12.5-12.75 GHz) to ensure the continuation of services carried at that orbital location on Deutsche Telekom’s DFS Kopernikus satellite.
Deutsche Telekom subsequently transferred its satellite activity rights to German media service provider Media Broadcast with whom SES brokered a deal to use the aforementioned frequencies on its craft from October 2013.
Eutelsat and Deutsche Telekom mow say that they have settled without prejudice to the parties' respective positions concerning the subject of the dispute. Both parties have consequently agreed that arbitration proceedings initiated in 2011 before the International Court of Arbitration of the International Chamber of Commerce will be terminated. The Court of Arbitration is shortly expected to issue a decision by consent which will reflect the settlement agreed by both parties.