SES says it has been granted right to use the German Ku-band frequencies at 28.5 degrees East from October 4, 2013. Rights to the frequencies are also claimed by Eutelsat, which initiated arbitration with The International Chamber of Commerce (ICC).
The frequencies are used to broadcast to the UK, largely for the BSkyB and Freesat platforms.
In a 2005 agreement with Media Broadcast, the successor to T-Systems Business Services, frequencies were issued by the Bundesnetzagentur, the German regulator, on the basis of German filings that have priority under the rules of the International Telecommunication Union.
SES says the agreement for 500 MHz of bandwidth at this orbital position adjacent to SES’s 28.2 degrees East in the frequency bands 11.45 – 11.70 GHz and 12.50 – 12.75 GHz in downlink and 14.00-14.50 GHz in uplink. The bands would be covered by the delayed Astra 2E and Astra 2G, along with the already launched Astra 2G.
Eutelsat commenced the proceedings in October 2012 on the basis that SES could not use the frequency band without breaching a 1999 intersystem coordination agreement between Eutelsat and SES.
In a judgment released on September 4, 2013, the Tribunal found the 1999 agreement did not bar SES from using the relevant frequency bands if and when Eutelsat no longer holds the regulatory right to operate in those bands under the German filing.
However, it did not give a date as to when those rights would end as it did not have the authority to rule on any contractual arrangement between Eutelsat and DTAG or MB.
In a judgment by the Regional Court in Bonn on August 30, requested by Media Broadcast, Eutelsat was ruled to be prohibited to use the frequencies beyond October 4, 2013.
Eutelsat says it will now appeal against the decision, underlining that it does not intend to create any harmful interference.
The Tribunal now moves into a second phase, among them whether SES was entitled to sign an agreement in 2005 with Media Broadcast without breaching its obligations under the ICA. SES disputes those claims.
