SES, Intelsat Defend Motions to Dismiss in CBA Row

SES and Intelsat renewed their arguments before U.S. Bankruptcy Court in Richmond for their rival motions for summary judgment on SES' $1.8 billion claim against Intelsat (see 2107190004). Intelsat "strains to avoid the clear, unambiguous language" in the agreement that they split equally C-band transition funds, and nothing there hinges on whether the FCC adopts the C-Band Alliance band-clearing approach, SES replied Monday (docket 20-32299, in Pacer). "A mountain of undisputed evidence" shows them partnering after the FCC rejected their proffered approach. Intelsat said SES' argument involves "a histrionic narrative unmoored from both the Agreement’s plain language and reality." It said the C-Band Alliance agreement "clearly and unambiguously" defined the companies' project and the gross proceeds of that project "and those concepts do not cover the FCC Order" and payments.