Title: EUTELSAT, INTELSAT, INMARSAT
1EUTELSAT, INTELSAT, INMARSAT
IGO (Intergovernmental Organisation) ? from
Public to Private
NLC (National Law Company) ? from Private to
Public
Christian Roisse Executive Secretary, EUTELSAT
IGO secigo_at_eutelsat.fr
17th ECSL Summer Course September 2008
2INTRODUCTION
? Overview of the FSS MSS Market prior to the
restructuring of the IGOs
? Creation of - INTELSAT 1964 ? to date 150
Parties - INMARSAT 1973 ? to date 87 Parties -
EUTELSAT 1977 ? to date 48 Parties
- ? IGOs Structure
- - Assembly of Member States
- - Board of Signatories
- - Director General and Staff
3CONTENTS
- Why did the transformation of Intergovernmental
Organisations take place ? - What were the challenges for the restructuring ?
- Evolution of relationship between EUTELSAT IGO
Eutelsat S.A since 2001 - Restructuring and relationship between ITSO and
Intelsat and IMSO and Inmarsat - What is the current state of the market and
future prospects for FSS companies and for IGOs ?
41. REASONS FOR THE TRANSFORMATION
1.1 External Factors
? The International Environment
- WTO Global liberalisation of basic telecom
services General environment of free trade and
competition
? Convergence of technologies
? The American Context
? The European Context
- Green Paper 1990 Satellite Directive 94/46/EC
13.10.1994- Progressive Liberalisation of the
Telecommunications Sector to a Full
liberalisation as of 1 January 1998
51.2 Internal Factors
- Some Signatories and States viewed
Intergovernmental attributes as handicaps-
Slow decision making process - Pricing not
flexible and responsive - Distribution channels
controlled by Signatories - Activities open to
scrutiny by competitors- Investment linked to
usage and not development
62. CHALLENGES FOR THE RESTUCTURING OF EUTELSAT
A Case study approach
2.1. EU Clearance
2.2. Changes to International Treaties and
Agreements
- Operating Agreement ? Termination- EUTELSAT
Convention ? Amended Convention- Headquarters
Agreement ? New Agreement - Protocol on
Privileges and Immunities ? Amending Agreement
2.3. New Contractual Agreements
- Transfer Agreement - Article of Association -
Arrangement between EUTELSAT IGO Eutelsat S.A.
2.4. Continuing Role of EUTELSAT IGO
2.4.1. Ensure continuity in international
collectively-owned rights for frequencies and
orbital locations
72.4.2. Ensure observance by the company of the
Basic Principles
- Public service/universal service
obligations - Pan-European coverage by the
satellite system - Non discrimination - Fair
competition
2.5. Establishment of National Law Company
- Société Anonyme- Appointment of Supervisory
Board, Chairman and CEO- Shareholding (Group A,
B and C) protection of small signatories -
Voting rights
2.6 Financial issues
- Transfer of assets (satellites/controls)
- Transfer of associated liabilities (Commercial
Financial Contracts)
2.7 Human resources issues
- - New Staff Contract
- Pension scheme
- Social security issues
- Cultural change
83. EVOLUTION OF RELATIONSHIP Eutelsat S.A.
EUTELSAT IGO
3.1. Adaptation of Eutelsat S.A. to market
changes and competition since 2001
- Exit of historical shareholders (Telcos) and
entry of financial shareholders - Change of
Management Structure- Recapitalisation process
- IPO of Eutelsat Communications in December
2005- Exit of financial shareholders and entry
of institutional and infrastructure companies
3.2. Adaptation of the role of EUTELSAT IGO to
Eutelsat Group evolution
- New tools to ensure the supervision
Letter-Agreements Censeur seat on Board of
Directors- Partner to the Eutelsat Group e.g.
Supporting interventions related to content
control on distribution of TV programmes and
related liabilities of Eutelsat S.A. as
satellite operator
94. RESTRUCTURING RELATIONSHIPS ITSO
Intelsat / IMSO Inmarsat
4.1 ITSO Intelsat - Case Study Summary
- Restructuring 2001 influenced by FCC / Reports
to Congress / Orbit Act March 2000 (Open-Market
Reorganization for the Betterment of the
International Telecommunications Act) - - Privatisation and Licensing issues Intelsat
L.L.C Licensing Order - - Creation of a holding company organised under
Bermuda Laws Intelsat Ltd and subsidiaries - ITSO Role and Mission Lifeline Connectivity
Obligation (LCO) - Evolution of relationship since tentative IPO of
Intelsat in April 2002
4.2 IMSO Inmarsat - Case Study Summary
- Company subject to UK law
- IMSO to ensure that Inmarsat continues to meet
its public service obligations, including
obligations relating to the GMDSS - - IMSO owns one special-rights, non-voting,
non-transferable redeemable preference share, par
value 1.00 of Inmarsat Ventures Limited - - Evolution of relationship since the IPO of
Inmarsat June 2005
105. STATE OF THE MARKET AND FUTURE PROSPECTS FOR
FSS/MSS COMPANIES IGOs
5.1 FSS / MSS Key Market Figures
- Attractive Industry
- Excellent financial results 2006-2007
- Intelsat, SES Global, Eutelsat
- Inmarsat
5.2 Future of IGO
- Universal Service Obligations- Increased focus
on security and recent disasters highlights the
necessity of satellite solutions- Maintenance in
the interest of Parties/Members and ability for
the IGO to adjust to market realities
5.3 Other non restructured IGOs
- - Intersputnik
- Arabsat
- RASCOM
11- For additional information on the IGOs
- EUTELSAT IGO http//www.eutelsatigo.int/
- IMSO http//www.imso.org
- ITSO http//www.itso.int/
- For additional information on the NLCs
- Eutelsat http//www.eutelsat.fr
- Inmarsat http//www.inmarsat.com
- Intelsat http//www.intelsat.com