Europe's satellite TV decision faces legal challenge

by Richard Wilson
Friday 15 May 2009
EU plans to license S-band spectrum for satellite mobile TV services to two European operators have been challenged by US-based satellite company ICO Global Communications.

ICO Global also bid for a licence to operate European satelite services in the S-band, but was not selected. Instead the EC chose Dublin-based Solaris Mobile and Inmarsat.

The US operator said it is challenging this decision, on the grounds that it is "illegal and should be annulled pursuant to Articles 230 and 231 of the Treaty establishing the European Community".

These Articles refer to the maintainence of international co-operation in respect to trade.

"We believe the just-concluded EU process jeopardizes years of international cooperation and coordination that has governed satellite communications worldwide," said Michael Corkery, acting chief executive officer of ICO.

ICO initiated legal proceedings in September 2008 in the European Court seeking the annulment of the EU's decision.

"ICO will continue assessing its options in defending its international legal rights," said Corkery.

ICO believes its credentials for providing the European service are strong. "ICO has spent years clearing the S-band worldwide, has an operational satellite using this frequency band and is registered in the International Telecommunications Union (ITU) Master International Frequency Register," said Corkery.