D.C. Memo: NAB Flags SES-Intelsat C-band Monopoly

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NAB: SES's $3.1 billion proposed merger with Intelsat would leave the new company in control of "over 96% of the C-band spectrum in the U.S," a level of concentration that the National Association of Broadcasters says the FCC should take into consideration during its public interest review. "While we have no view on how the parties might behave post-merger, we urge the FCC to consider the implications of one entity controlling virtually all C-band spectrum," said NAB Chief Legal Officer Rick Kaplan in an Oct. 15 FCC filing. NAB said the C-band is used to deliver network programming to more than 1,000 broadcast stations affiliated with national networks and that National Public Radio relies on the C-band to distribute programming to 475 public radio earth stations used to serve 42 million Americans each week. Kaplan’s filing said fiber and wireless transmission might not be available in rural areas because they were too expensive. Alternative satellite services – including the Ka- and Ku-band – suffer from rain fade and were not as reliable as the C-band. "As a result, terrestrial alternatives and other satellite bands are not adequate substitutes for broadcasters that use C-band for video and audio distribution," NAB said. The FCC has deferred action on the SES-Intelsat transaction while under review by the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Service Sector. SES is based in Luxembourg.