![]() She explained that the CBA had initially worked for a “market-based approach” to the sell-off of spectrum, but the FCC decided to hold its own auction.Īt one point, she said Michelle Bryan (Intelsat’s General Counsel) told VanBeber to take down the CBA web-site, LinkedIn pages and Twitter feed, although this represented an “abrupt change,” even though - at almost the same time - Intelsat was facing the problems of bankruptcy which was “knocking on the door.” However, she said that decision was subject to a complete shift when Intelsat severed its relationship with SES and left the CBA in February of 2020. She told the Court that the close cooperation between Intelsat and SES was “unprecedented” and that the agreement between the two, within the CBA, was that whatever both companies received would be combined and split “roughly 50-50 between received [from the s the two companies.” ![]() She told the Court that Intelsat had changed its direction and what she was being asked to communicate was “certainly not what I had been told by executives.” She told the Court that, to her mind, it was a shift in the way the company was behaving and operating. VanBeber left Intelsat on March 2, 2020, leaving voluntarily after what she said was a “gut wrenching” period at the CBA. ![]() When they were working at Intelsat, they spoke together almost daily and she felt they each had a lot of trust in one another. She explained that she had worked with Steve Spengler for years, initially when they both worked together at Spacenet where he was “a sales guy.” Questioned in detail on her experience during the establishment of the C-Band Alliance (CBA), she told the Court that she was appointed the lead communicator on that project. VanBeber gave her evidence to the Court on February 10 and said she had worked at Intelsat since 2001, other than an 8 month period in 2005. She has been described in Court documents as a ‘whistleblower’ and, like many who, have taken a similar view of their former employer, her statements to the Court were compelling. For the judge to ignore the highly relevant direct evidence of Intelsat’s former VP/Investor Relations (and subsequently head of corporate/marketing communications) Dianne VanBeber - that might be difficult. That 50/50 cash division - and potential damages against Intelsat - is now up to Judge Phillips to decide and it has to be stated that there were plenty of 50-50 elements in place. The 50-50 split, if agreed by the Court, would put some $421 million into SES’s pocket, plus expose Intelsat to claims of punitive damages. SES is seeking a 50% share of the FCC’s incentive payments, as well as claiming breach of contract, unjust enrichment and breach of fiduciary duties. SatMagazine makes no apology for this extensive report on the satellite ‘trial of the century’ and which reflects day after day of monitoring and transcription of the Zoom proceedings. The decision could well be one of the last acts ahead of the Court’s decision as to whether a 50/50 split of the FCC’s C-band incentive payments should be ordered in SES’s favor. Judge Phillips said that, should the Court determine that SES has a claim against Intelsat, then Murray can be deposed and SES could then call their own expert witness. James Murray, an expert witness called by Intelsat to help minimize the impact of any damages against Intelsat (“a discount rate analysis”). On February 23, 2022, Judge Keith Phillips ruled that SES should defer its deposition of Mr.
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