Exhibit 10.2


 


INMARSAT VENTURES LTD





INMARSAT LTD





and



[LESO]





LAND EARTH STATION OPERATOR AGREEMENT





Agreement for the provision of

Services by the LESO via the

Company’s Space Segment


 

















 


LAND EARTH STATION OPERATOR AGREEMENT


 


	
  1.

  	
  DEFINITIONS

  	
   

  
	
   

  	
   

  	
   

  
	
  2.

  	
  AUTHORISATION TO PROVIDE SERVICES

  	
   

  
	
   

  	
   

  	
   

  
	
  3.

  	
  CLAUSE
  NOT USED

  	
   

  
	
   

  	
   

  	
   

  
	
  4.

  	
  TERM

  	
   

  
	
   

  	
   

  	
   

  
	
  5.

  	
  SERVICE ACTIVATION AND PROVISION

  	
   

  
	
   

  	
   

  	
   

  
	
  6.

  	
  TECHNOLOGICAL FRAUD MANAGEMENT

  	
   

  
	
   

  	
   

  	
   

  
	
  7.

  	
  RENEWAL OF THIS AGREEMENT

  	
   

  
	
   

  	
   

  	
   

  
	
  8.

  	
  AUTHORISATION SUBJECT TO COMPLIANCE

  	
   

  
	
   

  	
   

  	
   

  
	
  9.

  	
  CHARGES

  	
   

  
	
   

  	
   

  	
   

  
	
  10.

  	
  PAYMENT OF CHARGES

  	
   

  
	
   

  	
   

  	
   

  
	
  11.

  	
  ADDITIONAL OBLIGATIONS OF LESO

  	
   

  
	
   

  	
   

  	
   

  
	
  12.

  	
  ADDITIONAL OBLIGATIONS OF THE COMPANY

  	
   

  
	
   

  	
   

  	
   

  
	
  13.

  	
  SPACE SEGMENT MANAGEMENT

  	
   

  
	
   

  	
   

  	
   

  
	
  14.

  	
  REPRESENTATIONS,
  WARRANTIES AND UNDERTAKINGS

  	
   

  
	
   

  	
   

  	
   

  
	
  15.

  	
  DISCLAIMERS OF LIABILITY

  	
   

  
	
   

  	
   

  	
   

  
	
  16.

  	
  INSURANCE

  	
   

  
	
   

  	
   

  	
   

  
	
  17.

  	
  CONFIDENTIALITY

  	
   

  
	
   

  	
   

  	
   

  
	
  18.

  	
  INTELLECTUAL PROPERTY

  	
   

  
	
   

  	
   

  	
   

  
	
  19.

  	
  TIME LIMITS

  	
   

  
	
   

  	
   

  	
   

  
	
  20.

  	
  AMENDMENTS

  	
   

  
	
   

  	
   

  	
   

  
	
  21.

  	
  SUSPENSION OF AUTHORIZATION

  	
   

  



 

















 


	
  22.

  	
  TERMINATION

  	
   

  
	
   

  	
   

  	
   

  
	
  23.

  	
  CONSEQUENCES OF TERMINATION

  	
   

  
	
   

  	
   

  	
   

  
	
  24.

  	
  ASSIGNMENTS AND SUBCONTRACTING

  	
   

  
	
   

  	
   

  	
   

  
	
  25.

  	
  WAIVER

  	
   

  
	
   

  	
   

  	
   

  
	
  26.

  	
  INVALIDITY

  	
   

  
	
   

  	
   

  	
   

  
	
  27.

  	
  NOTICES

  	
   

  
	
   

  	
   

  	
   

  
	
  28.

  	
  LANGUAGE AND COMMUNICATIONS

  	
   

  
	
   

  	
   

  	
   

  
	
  29.

  	
  ENTIRE AGREEMENT AND RELATIONSHIP OF
  PARTIES

  	
   

  
	
   

  	
   

  	
   

  
	
  30.

  	
  SETTLEMENT OF DISPUTES

  	
   

  
	
   

  	
   

  	
   

  
	
  31.

  	
  GOVERNING
  LAW

  	
   

  
	
   

  	
   

  	
   

  
	
  32.

  	
  COUNTERPARTS

  	
   

  
	
   

  	
   

  	
   

  
	
  33.

  	
  FORCE
  MAJEURE

  	
   

  
	
   

  	
   

  	
   

  
	
  34.

  	
  GUARANTEE

  	
   

  
	
   

  	
   

  	
   

  
	
  35.

  	
  RIGHTS OF THIRD PARTIES

  	
   

  



 


ii

















 


ANNEXES


 


	
  A

  	
  BARRING
  PROCEDURES (Clauses 1.1 and 5)

  	
   

  
	
   

  	
   

  	
   

  
	
  B

  	
  INMARSAT
  LES TECHNICAL CRITERIA AND OPERATING PROCEDURES (Clause 8)

  	
   

  
	
   

  	
   

  	
   

  
	
  C

  	
  ALLOCATION
  OF LES IDENTITIES (Clause 2.4(b)

  	
   

  
	
   

  	
   

  	
   

  
	
  D

  	
  MANDATORY
  PROCEDURAL REQUIREMENTS FOR ISPs (Clause 2.4(a))

  	
   

  
	
   

  	
   

  	
   

  
	
  G

  	
  CHARGES
  (Clause 9)

  	
   

  
	
   

  	
   

  	
   

  
	
  H

  	
  TRAFFIC
  UTILIZATION MEASUREMENT AND UTILIZATION PROCESSES (Clause 9.9)

  	
   

  
	
   

  	
   

  	
   

  
	
  I

  	
  GENERAL
  GUIDELINES FOR ALLOCATING SATELLITE CAPACITY IN TIMES OF CONGESTION (Clause
  13.6(d))

  	
   

  
	
   

  	
   

  	
   

  
	
  J

  	
  STANDARD
  DISCLAIMER CLAUSE (Clause 15.5)

  	
   

  
	
   

  	
   

  	
   

  
	
  K

  	
  RULES
  OF PROCEDURE FOR NETWORK PLANNING CONSULTATIVE GROUP MEETINGS (Clauses 1.1,
  2.10 and 20.3)

  	
   

  
	
   

  	
   

  	
   

  
	
  L

  	
  SATELLITE
  CHARACTERISTICS (Clause 13.2)

  	
   

  
	
   

  	
   

  	
   

  
	
  M

  	
  LES
  TECHNICAL PERFORMANCE OBJECTIVES (Clause 8.1)

  	
   

  
	
   

  	
   

  	
   

  
	
  N

  	
  NETWORK
  PERFORMANCE OBJECTIVES (Clause 13.2)

  	
   

  
	
   

  	
   

  	
   

  
	
  Q

  	
  POINTS
  OF SERVICE ACTIVATION CRITERIA (Clause 5.2)

  	
   

  
	
   

  	
   

  	
   

  
	
  R

  	
  TECHNOLOGICAL
  FRAUD PREVENTION PROCEDURES (Clause 6)

  	
   

  
	
   

  	
   

  	
   

  
	
  S

  	
  THE
  COMPANY’S TRADEMARKS (Clause 18)

  	
   

  
	
   

  	
   

  	
   

  
	
  T

  	
  TRADEMARK
  LICENSE AGREEMENT (Clause 18)

  	
   

  
	
   

  	
   

  	
   

  
	
  U

  	
  IPR
  LICENSE AGREEMENT (Clause 18)

  	
   

  



 

















 


LAND EARTH STATION OPERATOR AGREEMENT


 


THIS AGREEMENT is made
on                  day
of April 2004.


 


AMONG


 


INMARSAT VENTURES LTD a limited
liability company incorporated under the laws of England and Wales with
registered number 3674573 whose registered office is at 99 City Road, London
EC1Y 1AX, United Kingdom, (the Parent);


 


INMARSAT LTD a company incorporated
under the laws of England and Wales with registered number 3675885 whose
registered office is at 99 City Road, London, EC1Y 1AX, United Kingdom, (the Company);  and


 


[LAND EARTH STATION OPERATOR], a
[private/public] company incorporated under the laws of
[                  ],
with registered number
[                  ]
whose [registered office]/ [principal place of business] is at
[                  ]
(the LESO).


 


The Parent, the  Company and the LESO shall each be
referred to herein individually as a “Party” and collectively as the “Parties”.


 


WHEREAS


 


(A)          The Company desires to
provide telecommunication services via the Space Segment (as defined below) to
the LESO; and


 


(B)           The LESO desires to obtain
telecommunication services via the Space Segment from the Company and to distribute
telecommunications services to its customers, including distress and safety
services between maritime mobile terminals and national rescue agencies.


 


(C)           The Company and the LESO
entered into an agreement for the provision of telecommunication services on 15
April 1999.  The Initial Term of the
agreement has expired and the Parties wish to enter into an Extended Term in
accordance with the terms and conditions of this Agreement.


 


IT IS AGREED as follows:


 


1.             DEFINITIONS


 


1.1           In this Agreement, including
any exhibits and Annexes hereto, the following terms shall have the following
meanings unless otherwise expressly provided:


 


Accounting Authority shall have the meaning set forth in Clause 5.8.


 


6

















 


Adjacent Satellite means a Satellite in the next or next but one Inmarsat occupied
geosynchronous orbital slot to the East or to the West of the Satellite in
question.


 


Affiliate means an “affiliate” of, or a Person
“affiliated” with, a specified Person, is a Person that directly, or indirectly
through one (1) or more intermediaries, controls, or is controlled by, or is
under common control with, the specified Person.  For purposes of the foregoing, “control” (including the terms
“controlling,” “controlled by,” and “under common control with”) means the
possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a Person, whether through the ownership of
voting securities, or by contract.


 


Authorisation means the authorisation of the LESO to provide Services via the
Space Segment pursuant to Clause 2.


 


Authorized
Credit Clearinghouse means an entity
authorized by one or more LES Operators in writing to receive information
related to service activation in accordance with Clause 5.8.


 


Barring
Procedures means the barring procedures
set out in Annex A, as amended from time to time.


 


Business
Day means a day (excluding Saturdays and
Sundays) on which banks generally are open in England and the country of the
registered office/principal place of business of the LESO for the transaction
of normal banking services.


 


Charges means the charges payable by the LESO to the Company for the
provision of telecommunications Services via the Space Segment pursuant to
Clause 9.


 


Commercial
Framework Agreement means the agreement
the effective date of which was 30 November 2003 between the parties which sets
out various rights and obligations relating to the distribution of Existing
Services, Evolved Services, Regional BGAN Services, BGAN Services and New
Services.


 


Commencement
Date means the
date on which this Agreement becomes effective as the commencement of the
Extended Term which date shall be 15 April 2004.


 


Direct
Marketing means targeted marketing
through vertical sector advertising to defined target sectors or user groups
but shall not include any contract for sale of the Services.


 


Effective
Date means April 14, 1999 being the date
on which the Initial Term of this Agreement became effective.


 


End User means a Person that is the ultimate user of an Existing Service
and/or an Evolved Service and shall include Procurement Agencies acting on
behalf of an End User.


 


Evolved Service means  (i) any service other
than an Existing Service which is provided at any time during the Extended Term
via the Second or Third Generation Satellites, or (ii) any service constituting part of a global
service which utilises traffic channels assigned in the Regional Spot Beams or
the Global Beams of the Fourth


 


7

















 


Generation Satellites, or (iii) any service that may operate from the same physical LES
hardware as such LES hardware is defined in the LES Technical Criteria and
Operating Procedures (as amended from time to time) in effect on November 30
2003.   For the avoidance of doubt,
Radiodetermination Services and Lease Services are not Evolved Services.


 


Existing Services means any service listed in the Schedule of Charges in Annex G as of
the Commencement Date.


 


Extended
Term means the term commencing on the
Commencement Date and expiring on 14 April 2009.


 


Failing
Service means a
Service which is either a Stressed Service or an Under Performing Service.


 


Fourth
Generation Satellites means those
Satellites known as the Inmarsat-4 series of Satellites.


 


Generic
Marketing means promoting awareness of
the Inmarsat brand including, but not limited to, in the general press and
media forums but shall not include any contract for sale of the Services.


 


Goods  means any promotional or advertising materials related to the
Services as well as SIM cards to which the Trademarks are applied under the
provisions of the Trademark Licence Agreement.


 


Initial
Term means the five year period which
commenced on 15 April 1999 and which expired on 14th April 2004.


 


MPDS means Inmarsat mobile packet data service.


 


IPR
Licence Agreement shall have the meaning
provided in Clause 18.1.


 


ISP or
Inmarsat Service Provider means an
entity that has contracted with one or more LES Operators to distribute,
promote, retail and bill Services to End Users and has received an ISP code
from the Company.


 


Lease means an agreement under which the
Company agrees to provide Space Segment capacity for a fixed term in accordance
with the terms and conditions set forth in accordance with the Lease Services
Provider Agreement.


 


LES or
Land Earth Station means the satellite
antennas, switching facilities and related equipment located at a fixed
location that form an interconnection point between the Satellites and the
terrestrial telecommunications networks for the purpose of providing Services,
or using Space Segment capacity pursuant to a Lease.


 


LESO’s
Relevant Net Revenues shall have the
meaning set forth in Clause 15.4.


 


LES
Operator or LESO means any operator of an LES, that enters into an agreement to
obtain use of the Space Segment from the Company on the same


 


8

















 


terms and conditions as are set forth in this
Agreement, or on terms and conditions which are no more favourable than those
set forth in this Agreement.


 


LES
Technical Criteria and Operating Procedures means all relevant system definition manuals (SDMs), technical
requirements documents and network operating procedures set out in the list in Annex
B, as amended from time to time, as well as future SDMs and other related
documents relating to Evolved Services.


 


Marks shall have the meaning set forth in Clause 18.


 


Master
Transition Agreement means the Agreement
executed among the Company, the Organization and the Signatories of the Organization
to effectuate the transfer of the Organization’s assets and liabilities to the
Company.


 


MES means a mobile earth station (including any SIM card that can be
used in conjunction with an MES) used to access the Services.


 


Maritime
Distress and Safety Services means the
satellite radiocommunications capabilities that are described in the
International Convention on the Safety of Life at Sea, 1974 (as amended from
time to time) in order to implement the relevant requirements of the Global
Maritime Distress and Safety System (GMDSS).


 


New
Services means any services introduced
by the Company following the Commencement Date of this Agreement other than the
Services.


 


Network
Planning Consultative Group meeting means
a meeting between the Company and the LES Operators held in accordance with Annex
K.


 


Ocean
Region means global beam satellite
coverage areas of the Satellites at the locations set forth in Clauses 13.3,
13.4 and 13.5 together with such other ocean regions as shall be introduced in
the future.


 


Organization means the International Mobile Satellite Organization established
by the Convention on the International Mobile Satellite Organization on
16 July 1979, as amended.


 


Payment
Due Date  shall have
the meanings given in Clauses 10.1, 10.2, and 10.3, respectively (save where
varied by Clauses 10.9, 10.10, 10.11 or 10.12).


 


Person means any individual, corporation, partnership, joint venture,
trust, unincorporated organization, association, pool, syndicate, sole
proprietorship or government or agency or political subdivision thereof or any
other form of organization not specifically listed.


 


Points
of Service Activation shall have the
meaning set forth in Clause 5.2.


 


Prime
Satellite means a Satellite which, may
be either a Second, Third or Fourth Generation Satellite and which in the
normal configuration of the network carries some or all of the Services and
will be located at one of the orbital locations set out in Clauses 13.3, 13.4
and 13.5 below, or any such other ocean region introduced in the future.


 


9

















 


Procurement
Agencies means entities that purchase
Existing Services on behalf of End Users but not for resale at a profit.  For the purposes of this Agreement, any
administrative or handling fee charged by the entity shall not constitute
“resale at a profit”.


 


Public
Services Agreement shall have the
meaning set forth in Clause 2.15(d).


 


Radiodetermination
Services mean radiolocation and
radionavigation services which are provided via dedicated satellite
transponders on the Third, Fourth or Subsequent Generation Satellites.


 


Reseller means any entity engaged by the LESO to resell Services provided
through the Land Earth Station of the LESO, including, without limitation, ISPs
or tenant entities in Shared LES Agreements.


 


Restriction
of a Service (or to Restrict or a Restricted Service)
means the withdrawal of an element of that Service (including but not limited
to voice, fax, data or telex), or the limitation of Satellite resources
allocated to a Service, or an element of that Service, to the extent that the
quality of service may be intentionally and permanently degraded such that it
affects the ability of the LES Operators to provide that Service.


 


Satellite means an object located beyond the earth’s atmosphere that is used
for radiocommunications and, more particularly for the purpose of this
Agreement, includes any satellite that is owned, leased and/or operated by the
Company now and in the future, including Subsequent Generation satellites.


 


Second
Generation Satellites means those
Satellites known, as of the Effective Date, as Inmarsat-2 F1 to F4.


 


Services means Existing Services and Evolved Services, or any one of them as
the context requires.


 


Shared
Base Station means each of the dual
region MPDS Base Stations owned and operated by the Company at the Commencement
Date.


 


Shared
LES Agreement means an agreement or
arrangement between the LESO (as host) and a third party (as tenant, which in
all cases shall be required to meet the criteria in Clause 2.4(b) hereof)
whereby the LESO agrees to provide facilities at its Land Earth Station to the
tenant to permit shared use of the host LES, while allowing the tenant to be
identified by an LES identification code separate from that of the host’s LES identification
code for service provision and/or traffic management purposes. Notwithstanding
the foregoing, the agreement of the host LESO to allocate a TNID programmed at
its LES shall not be deemed to be a Shared LES Agreement for the purposes of
this Agreement.


 


Space
Segment means the Satellites, and all
other centralised infrastructure owned, leased, or operated by or on behalf of
the Company  to support the operation of the Satellites as set forth in
Clause 13.10 and the Services in all Ocean Regions.


 


10

















 


Stressed Service means a Service where the level of
traffic of that Service within an Ocean Region has declined by 25% or more
below the level of traffic of that Service in that Ocean Region for the period
of 12 months ending 31 December 2003.


 


Subsequent
Generation Satellites means any
Satellites procured by the Company following the Commencement Date.


 


Subsidiary shall have the meaning given in Clause 2.13.


 


Telecommunications
Breakdown means any unavailability,
delay, or interruption, to the availability of the Space Segment provided that
for the purpose of this Agreement, a Telecommunications Breakdown shall not
include any unavailability or interruption of a Service that is caused by a
decision of the Company to relocate a Satellite or to Restrict or withdraw such
Service under Clause 2.15 hereof.


 


Third
Generation Satellites means those Satellites known, as of the Effective Date, as
Inmarsat-3 F1 to F5.


 


TNID means a terrestrial network identification number.


 


Under
Performing Service means a Service where
less than 50% of activated MESs providing that Service have passed traffic in
the immediately preceding 12 month period and overall traffic attributed to
that Service has declined during each of two successive calendar years.


 


Urgent
Operational Case means a situation
which, in the reasonable and  good faith opinion of the Company, on the
basis of the information available to it, has caused or is likely imminently to
cause damage to the Space Segment, a Telecommunications Breakdown, or major and
sustained interference with Services provided by one or more LES Operators.


 


Value
Added Services means any products or
services that the LESO offers for use in conjunction with the Services that are
not inconsistent with the LES Technical Criteria and Operating Procedures.


 


1.2           Words
in the singular include the plural and vice versa where the context requires.


 


1.3           Headings
are for guidance only and do not affect the construction or interpretation of
this Agreement.


 


1.4           In
this Agreement, unless the context otherwise requires, references to Clauses,
paragraphs and Annexes are to Clauses, paragraphs and Annexes of this
Agreement.


 


1.5           The
Annexes form part of this Agreement and any reference to this Agreement includes
the Annexes.


 


11

















 


2.             AUTHORISATION TO PROVIDE
SERVICES


 


LESO Authorisation


 


2.1           Subject
to the availability of Space Segment in accordance with the provisions of
Clause 13, the Company authorises the LESO, on a non-exclusive basis, to
procure telecommunication services provided by the Company via the Space
Segment in order to provide Services via the LESO’s Land Earth Stations
identified in Clause 2.2.


 


2.2           The
Authorisation provided by the Company herein is limited to the LESO’s provision
of telecommunication services via the Space Segment only through its Land Earth
Stations existing as of the Commencement Date and known as [identify
name, location and Ocean Region(s) of each of the sites of the LESO’s existing
land earth stations].  The
Company has allocated LES identification numbers (IDs) and/or access codes to
the LESO for use in each of the LESO’s LES(s) and, shall allocate such IDs
and/or access codes to the LESO as necessary, for any arrangement made pursuant
to a Shared LES Agreement duly authorised for operation through the LESO’s
LES(s).  The LESO shall have the right
to maintain any LES IDs allocated to it by the Company that are in effect as of
the Commencement Date.  The allocation
and maintenance of LES IDs shall be in accordance with the criteria in Annex
C.  Such LES shall include any
replacement antenna or switching facility.


 


2.3           The
LESO shall provide no less than five (5) days prior written notice to the
Company of any of the Services that it intends to provide, at any time, via the
Space Segment that is in addition to those Services that the LESO provides as
of the Commencement Date.  Subject to
Clause 8.1, the LESO does not need the Company’s consent to provide such
additional Services in accordance with the terms and conditions of this
Agreement.


 


2.4           The
LESO may enter into arrangements with any Reseller to provide Services through
the LESO’s Land Earth Stations, subject to the following terms and conditions:


 


(a)           ISPs.  The LESO shall provide
written notice to the Company of the identity of any entity with which the LESO
enters into an ISP arrangement no less than five (5) days prior to the
commencement of the provision of Services by such entity as an ISP.  Following such notice, the Company shall
allocate an ISP code to any such entity within five (5) days, provided that the
LESO and such entity meet the Requirements specified in the ISP Mandatory
Procedural Requirements set forth in Annex D hereof.  The Company may publish the name of any ISP or the relationship
of any ISP with the LESO unless the LESO instructs the Company in writing not
to publish such information; provided, however, that the Company may in all
cases disclose such information in connection with fraud prevention activities.  The LESO shall promptly notify the Company
of any change to the details of the ISP. 
Where the LESO fails to so notify the Company, upon notification by the
ISP to the Company of any change to its details, the Company


 


12

















 


may publish such new details, provided it
gives to the LESO five (5) days prior written notice.


 


(b)           Shared
LES Agreements. 
The LESO shall provide written notice to the Company of the identity of
any entity with which the LESO enters into a Shared LES Agreement no less than
five (5) days prior to commencement of LES authorisation testing preceding the
provision of service under the Shared LES Agreement.  The host entity shall apply to the Company to utilize an LES ID
and access code for the tenant entity in accordance with the procedures in
Annex C. However, the tenant entity shall in all cases be required to be an LES
Operator and shall either:


 


(i)            be
operating a physical LES with the same system definition as the hosted Service,
including but without limitation, Inmarsat A, B, M, mini-M Fleet, GAN, MPDS and
aeronautical; or


 


(ii)           be
operating a physical LES and have operated a physical LES with the same system
definition as the hosted Service at or for a period since the Effective Date
(notwithstanding that the LES Operator has subsequently ceased to operate such
Service),


 


in order to be
a tenant under a Shared LES Agreement. 
Alternatively, the tenant entity shall demonstrate to the Company that
it has executed a legally binding and enforceable contract to build an LES with
the same system definition and to begin to provide service via such LES no
later than six (6) months following the date on which the Company allocates the
Shared LES ID, failing which the Company shall withdraw such Shared LES ID
immediately following the expiration of such six-month period.  The Company shall attribute traffic to the
tenant entity in the Shared LES Agreement for traffic aggregation purposes.  It is acknowledged that where any LESO
wishes to close down all its LESs and terminate this Agreement, it may
thereafter continue to provide Services as a service provider through another
LESO and shall have the right, during the Extended Term, to continue use of its
existing allocated LES ID in relation to such Services as were formerly
provided by it as a LESO.  The right to
continue use of the allocated LES ID shall remain subject to the provisions of
Annex C of this Agreement, notwithstanding termination of this Agreement and
the Company shall enter into an agreement with the former LESO and the host
entity in this regard.  Subject to the
provisions of this Clause, any reference in Annex C to “the LESO” shall be
deemed to include any former LESO.  LES
IDs will not be permitted to be used in respect of Services that the former
LESO did not offer as a LESO.


 


(c)           Other
Reseller Arrangements.  The LESO shall have the right to enter into any arrangement for
the distribution of Services through the LESO’s Land Earth Station(s) with any
type of Reseller other than an ISP or tenant in a Shared LES Agreement, or to
engage any other


 


13

















 


agent or representative for that purpose,
without further notice to or consent of the Company.


 


(d)           Responsibility
for Compliance with Agreement.  The LESO shall be responsible hereunder for
the actions of any Resellers engaged by the LESO for the purposes of assuring
the compliance of any such Reseller with the applicable terms and conditions of
this Agreement, including without limitation, the LES Technical Criteria and
Operating Procedures.


 


2.5           Clause not used.


 


2.6           In
connection with its provision of Services via the Space Segment, the LESO
shall:


 


(a)           provide
twenty-four hours a day, seven days a week after-sales customer service and
helpline, support Resellers and End Users (via Resellers) and for this purpose
shall keep its personnel adequately trained regarding the Services that the
LESO chooses to provide.  At all times
such support shall be sufficient to support the LESOs customer base and suited
to their market conditions. The Inmarsat customer care support desk shall
provide second line support to the LESOs where (a) the LESO’s access to the
Space Segment or any other part of the network not under their control is lost
or curtailed, or (b) the LESO does not have the technical expertise to provide
any specific support required;


 


(b)           provide
reasonable co-operation and information relating to any marketing information
reasonably requested by the Company and reasonably required for the purpose of
evaluation of the LESO’s performance under this Agreement;


 


(c)           where
the Company provides funding to the LESO as part of a marketing program, dual
brand the design of all Goods covered by the marketing program relating to the
Services with both the LESO and the Company branding.  Marketing and promotional materials that are not part funded by
the Company shall be dual branded where it is commercially reasonable and
appropriate to do so.  ;


 


(d)           use
all commercially reasonable endeavours to promote and market the Services that
the LESO chooses to provide;


 


(e)           provide
commercially reasonable support for collaborative initiatives led by the
Company to (i) identify generic quality of service problems with Inmarsat core
systems relating to Existing Services and Evolved Services; (ii) propose and
implement solutions for those problems identified in (i); and (iii) monitor the
progress of these solutions and provide appropriate feedback.


 


14

















 


(f)            not
by itself or with others participate in any illegal practices in connection
with its distribution of the Services;


 


(g)           in
connection with the promotion and marketing of the Services not represent that
it is an agent of the Company; and


 


(h)           have
the right to develop any Value Added Services based on the Services.


 


2.7           The
Company has the right to authorise other entities, on a non-exclusive basis, to
construct a Land Earth Station in order to provide Services via the Space
Segment, provided that no such entity may be an Affiliate of the Company and
the Company may not have any direct or indirect ownership interest in such
entity (except as permitted under Clauses 2.9, 2.10, 2.11, 2.12 and 2.13). Such
authorisations shall be on terms and conditions which are no more favourable to
the newly authorised entity than those provided to the LESO under this
Agreement.  The Company shall notify the
LES Operators of any new authorisation and the terms and conditions upon which
such authorisation is granted within thirty (30) days of any such authorisation
along with a certification that the terms provided to the newly authorised
entity are not more favourable than those provided to the LESO herein.  Any entity authorized by the Company to
construct a Land Earth Station to provide Services via the Space Segment
following the Commencement Date shall be considered an “LES Operator” for the
purposes of this Agreement after the date on which each entity constructs the
LES and enters into an agreement with the Company on such terms and conditions.


 


Establishment of LESs by
the Company


 


2.8           During
the Extended Term, the Company shall not be entitled to establish an LES or to
acquire an existing LES or to become the Affiliate of (or have any other direct
or indirect ownership interest in) an entity that operates an LES, save in the
circumstances set out in Clauses 2.9, 2.10, 2.11 and 2.12 below.


 


2.9           Subject
to the conditions set out in Clause 2.13 below, where a Service within an Ocean
Region is a Failing Service or where a Service is supported by three or less
LESs within an Ocean Region (“Limited Service”), the Company shall have the
right to enter into good faith negotiations with all LESOs who provide the
Failing Service or Limited Service within that Ocean Region (“Participating
LESOs”) and, subject to the unanimous agreement of all Participating LESOs,
shall be permitted to enter into such agreements with such LESOs as may be
appropriate to ensure the commercial continuation of the Failing Service or
Limited Service within that Ocean Region. 
The Company and the Participating LESOs shall use all reasonable
endeavours to identify a solution agreeable to the Company and all
Participating LESOs that enables the provision of such Failing Service or
Limited Service through an existing LES (or LESs) and LESOs.  If such efforts are not successful, then, if
agreed unanimously by all Participating LESOs the Company shall be permitted to
lease, own and/or operate an LES for delivery and sale of the Limited Service
or Failing Service within that Ocean Region.


 


15

















 


2.10         Subject
to the conditions set out in Clause 2.13 below, the Company shall have the
right to establish an LES for the provision of a Service in any Ocean Region
where the Company receives notification of the complete withdrawal of all LESOs
from the provision of that Service within such Ocean Region and there are no
LESOs that had formerly provided the Service willing to immediately commence
providing such Service within that Ocean Region at that time.


 


2.11         The
Company shall have the right to establish an LES for the provision of Services
in any Ocean Region or to acquire an existing LES or to become the Affiliate of
(or have any other direct or indirect ownership interest in) an entity that
operates an LES if LESOs providing between them sixty-six and two thirds per
cent (66.67%) of the Company’s revenues derived from all LES Operator
Agreements in the immediately preceding twelve (12) month period agree.


 


2.12         The Company may
offer to all LESOs co-marketing funds intended to promote a particular Service,
which shall include all elements such as voice, facsimile and data offered
by that Service (“Designated Service”), where both the Company and
the LESO are required to fund a marketing initiative in equal parts.  The
Company may make available up to ****% of the revenue from the Designated
Service for the immediately preceding 12 month period for all marketing
initiatives under this Clause 2.12, as a marketing fund, to be distributed
equally between all LESOs responding.  Where any LESO chooses to take part
in the marketing initiatives, the maximum fund it shall be required to meet in
any 12 month period shall be $**** dollars).  Restrictions in the
terms and conditions relating to the use of funds shall not be more onerous
than the restrictions set out in the terms and conditions of the Connect
Programme as of 1 January 2003.  If, three months after making the offer,
no LESO has accepted the Company’s co-marketing funds, then, subject to the
conditions set out in Clause 2.13 below, the Company shall have the right to
establish an LES in any one or more Ocean Regions for the provision of the
Designated Service. The Company shall not apply this clause to
the Inmarsat-A Service or to any Service for which there is an alternative
Inmarsat Service providing substantially similar communications functionality
to the same customer sector.


 


2.13         The
Company shall be entitled to establish an LES or to acquire an existing LES or
to become the Affiliate of an entity that operates an LES, for the purpose of
delivering a Service or a Designated Service in accordance with Clauses 2.9,
2.10, or 2.12 above, subject to the following conditions:


 


a)             In
establishing or acquiring (directly or through an Affiliate) an LES, the
Company shall be obligated to operate such LES through a structurally separate
subsidiary (the “Subsidiary”);


 


(b)           The
Company shall apply no more favourable terms in relation to LES operations, the
Charges relating to the Services and the provision of Services to such
Subsidiary than it does to any other LES Operator and the Subsidiary shall sign
the LESO Agreement;


 


16

















 


(c)           The
Company shall procure that any relevant information, in any form whatsoever,
including verbal information that is conveyed by it, its directors, officers,
employees or agents to its Subsidiary, or the Subsidiary’s directors, officers,
employees or agents shall be contemporaneously made available to the LESO and
all other LES Operators.  For the
purposes of this Clause, “relevant information” means any information which
relates to LES operations and the provision of Services generally, save for any
financial or other confidential information relevant solely to the Subsidiary;


 


(d)           the
Company shall not share employees engaged in sales, marketing, customer
interface, customer care or billing functions with the Subsidiary;


 


(e)           the
Company and the Subsidiary shall use accounting separation procedures for
tracking revenues and costs; and


 


(f)            the
Company shall utilize password protected databases for distributor provided
information that is not accessible by the Subsidiary.


 


2.14         Throughout
the Extended Term, for so long as the Company is not permitted to own or operate
an LES, neither the Company nor any Affiliate of the Company may act as a
Reseller of Services, or otherwise provide Services directly to any entity that
is not a LES Operator.  In the event
that the Company or any Affiliate is permitted to own or operate a LES pursuant
to the provisions of Clauses 2.9 - 2.13 the Company may sell the Services transmitted through such
LES to End Users and Resellers.  Any
Shared Base Station (“SBS”) will be used by the Company only for the purpose of
routing traffic to the LESO and other LES Operators to enable the LESO and
other LES Operators to provide MPDS or other relevant Services to their
respective Resellers and End Users and the Company shall not permit the
interconnection of the SBS with any entity that is not an LES Operator.


 


Restriction or Withdrawal of a Service


 


2.15         The
Company has the right to Restrict or withdraw a Service or an element of a
Service (including but not limited to voice, data, fax, telex) in one or more
Ocean Regions subject to the following conditions:


 


(a)           The
Company shall provide no less than one (1) year’s written notice to the LESO
and all LES Operators providing the Service to be Restricted or withdrawn in
the relevant Ocean Region(s) and specify the reasons for the Restriction or
withdrawal of the Service in question.


 


(b)           No
later than thirty (30) days following the notice from the Company specified in
paragraph (a) above, at the request of any LES Operator, the Company shall
convene an Network Planning Consultative Group Meeting for the following
purposes: (i) for the Company to consider


 


17

















 


the views of the LES Operators  before
implementing any proposed Restriction or withdrawal; (ii) for the Company to
demonstrate that the Restriction or withdrawal satisfies the conditions in
paragraph (c) below; and (iii) to define incentives to be offered to affected
LESOs to facilitate orderly migration of End Users from a Restricted or
withdrawn Service to another Service, where possible, and a proposed transition
schedule.


 


(c)           The following conditions
shall apply to any proposed Restriction or withdrawal of Service:


 


(i)            any Restriction or withdrawal shall apply equally to all LES
Operators which may have previously provided the Service within the relevant
Ocean Region(s);


 


(ii)           The LESO shall be excused from any obligation to satisfy outstanding
service and/or traffic commitments with respect to a withdrawn or Restricted
Service; and


 


(iii)          In determining whether to Restrict or withdraw a Service, the
Company shall take into account investments in equipment or facilities and
contractual arrangements made by the LESO, other affected LES Operators and
End-Users in reliance upon the availability of the Service to be Restricted or
withdrawn and the possibility of continuing the Service in certain cases under
mutually agreeable Lease arrangements.


 


(d)           The
Company may Restrict or withdraw a Service, unless doing so would conflict with
its obligations under the Public Services Agreement between the Company and the
Organisation (“Public Services Agreement”) provided that a determination as to
such a conflict shall be made solely by the parties to the Public Services
Agreement in their absolute discretion. 
In the event that, following the Company’s notification of its election
to Restrict or withdraw a Service in an Ocean Region, the Company becomes
obligated by the Organization to maintain such Service to comply with the
Public Services Agreement, and one or more LESOs wish to provide the Service in
the Ocean Region, the Company shall be entitled to adjust the Charges for such
Service on giving 12 months notice to the LESOs, but only in the Ocean Region
in question so as to enable it to recover all of its cost for providing the
Service in the Ocean Region, plus a commercially reasonable rate of return (not
to exceed fifteen (15) per cent of actual costs) to provide the service in the
Ocean Region.


 


Competition


 


2.16         Nothing
in this Agreement shall prevent the LESO from becoming a distributor of the
services of, or holding any economic interest in, any entity that provides
mobile satellite telecommunications services, regardless of whether such entity
competes with the Company.


 


18

















 


3.             Clause
not used


 


4.             TERM


 


4.1           This
Agreement constitutes an extension to the Initial Term commencing on the
Commencement Date and expiring on 14 April 2009 (“Extended Term”).


 


5.             SERVICE ACTIVATION AND
PROVISION


 


5.1           The
Parties shall make arrangements to permit End-Users to use the Services
provided through the Space Segment and the LESO’s Land Earth Station.  The LESO shall have full rights and
responsibility to establish the service rates at which the LESO distributes
Services to its Resellers and End-Users. 
The Parties shall cooperate to provide for the minimization of credit
risks associated with the provision of Services to End-Users in accordance with
this Clause 5.


 


5.2           The
Company shall authorize such number of Points of Service Activation as may be
necessary to facilitate widespread activation of End-User MESs, consistent with
applicable law, (for the purpose of this Agreement, each Point of Service
Activation shall be referred to individually as a “PSA”, and collectively as
“PSAs”) and shall appoint the LESO to act as a PSA, upon the LESO’s request and
if permitted by applicable national law, provided, however, that (i) the
Company shall impose on each PSA, as a condition of its appointment, the Points
of Service Activation Criteria in Annex Q and (ii)  the LESO, as a condition of such appointment, shall comply with
the Points of Service Activation Criteria in Annex Q. The Parties
acknowledge that, within a particular national regulatory framework, a PSA may
be required to include a national regulatory authority, in which case the term
“PSA”, as used hereunder, shall be deemed to include, collectively, such
national regulatory authority and such other entity that complies with the
Points of Service Activation Criteria in Annex Q. 
The Company shall monitor and enforce compliance with the
Points of Service Activation Criteria throughout the term hereof.


 


5.3           The
Company shall treat all information relating to the identity and corporate or
personal details relating to End-Users that the Company receives from a PSA,
including all such information (including commissioning data-bases) obtained by
the Company from the Organization in accordance with the transactions
contemplated in the Master Transition Agreement, as Confidential Information
(within the meaning of Clause 17) hereunder for the benefit of the LESO
and other LES Operators.


 


5.4           The
Company may disclose information referred to in Clause 5.3 above to maritime
safety and distress rescue agencies for the purpose of assisting in distress
and safety missions.


 


19

















 


5.5           The
Company may disclose information referred to in Clause 5.3 above to a third
party for the purpose of conducting market research subject to the following:


 


(a)           the
third party is restricted from further disclosing such information under
contractual obligations of confidentiality;


 


(b)           the
Company shall notify all LESOs 30 days in advance of any such market research
being carried out and shall provide to the LESO full details of the proposed
market research and the LESOs customers to be approached.  Where the LESO has a contract for delivery
of the Services with a particular customer, the LESO may object to such
customer being contacted within 10 Business Days of such notification by the
Company and the Company shall not contact such customer;


 


(c)           the
Company shall ensure that any report or other end product produced by the third
party as a result of the market research conducted, shall present all
information relating to End Users in a form that is aggregated and anonymous
and shall not include any information relating to the identity and corporate or
personal details of any End User;


 


(d)           the
Company shall distribute the report or other end product from any such market
research to the LESO and all other Land Earth Station Operators simultaneously
and as soon as is reasonably practicable after the completion of the research
and may also distribute it to manufacturers of LESs, MESs and other equipment
related to the Services; and


 


(e)           subject
to Clause 12.2, the Company shall use such information in relation to the
Services and for no other purpose.


 


5.6           Save
as set out above in Clauses 5.4 and 5.5, 
the Company may not, without the consent of the LESO and other LES
Operators acting through the Network Planning Consultative Group Meeting,
disclose the information referred to in Clause 5.3 to any third party and shall
not use the ESAS database for any Direct Marketing or Generic Marketing.


 


5.7           Where
the information referred to in Clause 5.3 is to be provided to the Company’s
structurally separate Subsidiary (within the meaning of Clause 2.13) it shall
be provided on terms that are identical to those on which such information is
provided to the LESO and other LES Operators


 


5.8           Following
notification by a PSA of a prospective End-User’s valid application for service
in accordance with the Points of Service Activation Criteria in Annex
Q, and subject to any procedures as the Company deems appropriate to verify
that the PSA has complied with the criteria and procedures required hereunder
(and the receipt of any other authorization or approval required under
applicable law), the Company shall facilitate the activation of such End-User’s
MES by providing in electronic form to the LESO, other LES Operators and (upon
the LESO’s written request) any Authorized Credit


 


20

















 


Clearinghouse organized by the LESO or
other LES Operators, the MES identification number, recognized billing entity
(including, without limitation, Accounting Authority code or ISP code), and
other information as may be necessary for service activation of such MES.   For the purpose of this Agreement, the term
“Accounting Authority” shall mean an Accounting Authority within the meaning of
ITU-T Recommendation D.90. The Company shall not activate any MES that is not
associated with an ISP or Accounting Authority or other entity approved by the
Company, and which accepts financial responsibility for payment of End-User
charges in a manner consistent with the requirements of the Points of Service
Activation Criteria in Annex Q. 
With respect to MESs that are activated prior to the Effective Date, the
Company shall use its best efforts to impose the Points of Service Activation
Criteria on any PSA in existence as of the Effective Date (“Existing PSAs”) and
shall keep the LESOs informed following the Effective Date of the identities of
any Existing PSA that has not agreed to the Points of Service Active Criteria
(a “non-compliant PSA”).  The Company
shall provide without delay to the LESO, immediately upon the presentation by
the LESO of reasonable proof of non-payment by the owner of any MES associated
with any non-compliant PSA, the corporate and personal details of such MES
owner for the LESO’s debt collection purposes. 
Following the date that is one (1) year after the Effective Date, the
Company shall not activate any MES associated with an Existing PSA that remains
a non-compliant PSA, unless the Company has undertaken the necessary steps to
verify the information concerning an MES owner or operator that is required to
be verified by the PSA using the procedures outlined in Annex Q.  The Company shall provide without delay to
the LESO, the personal or corporate details of the MES Owner/Operator and the
details of the AA, ISP or other entity that has accepted financial
responsibility in relation to that MES Owner or Operator, for debt collection
purposes, in the event that the LESO is not paid by the AA, ISP or other
approved entity in question for a period of more than 30 (thirty) days beyond
the date on which such payment should be rendered under applicable regulations.


 


5.9           The
LESO shall not activate on its network any MES that has not been authorized
through the Company’s service activation procedures, as notified to the LESO
from time to time.


 


5.10         The LESO
shall not be obliged to provide Services to any MES that does not meet the
LESO’s own criteria (such as the creditworthiness of the end-user or
responsible billing entity associated with such MES) so long as the LESO does
so in a manner that is consistent with the LESO’s obligations to provide
distress and safety service under its national laws and regulations.


 


5.11         Except
as expressly provided to the contrary in Clauses 5.14 and 6 of this Agreement,
the LESO shall be responsible to the Company for payment of all Charges arising
from the LESO’s provision of Services to any MES through the LESO’s Land Earth
Station.


 


5.12         If an
MES has been refused access by the LESO in accordance with the LESO’s own
criteria (such as creditworthiness of the End-User), and provided that such MES
has not been subject to a mandatory financial bar


 


21

















 


(as provided for in Annex A), the LESO shall
continue to provide access to such MES for fixed-to-mobile traffic, but only if
it can do so under circumstances in which (i) the LESO is not exposed to the
risk of non-payment associated with such traffic, or (ii) the MES has no
outstanding debt to the LESO.


 


5.13         In order
to achieve the purpose set out in paragraph 1 of Annex A, the Parties shall
implement the Barring Procedures set forth in Annex A.  In the event that the Company notifies the
LESO of a mandatory financial bar on an MES in accordance with such procedures,
the Company shall impose financial penalties on the LESO or any LES Operator
which violates such bar, including without limitation any entity that is
authorized by the Company to operate an LES in accordance with Clause 2.7
hereof, and shall impose the same conditions on the LESO and all LES Operators
with respect to the maintenance and lifting of such bar as provided for in the
Barring Procedures set forth in Annex A. 
In the event that, after notification by the Company pursuant to this
Clause, the LESO provides service to an MES that is subject to a mandatory
financial bar in violation of the requirements of the Barring Procedures, then
the LESO agrees that it shall pay to the Company the penalty Charges provided
for in Annex
G.  In the event that the Company fails
to notify the LESO of the lifting of a mandatory financial bar under the
circumstances required by the procedures set forth in Annex A, then the Company
shall not be entitled to receive the penalty Charges from the LESO from the
date on which the Company should have provided such notice in accordance with
such procedures.


 


5.14         Notwithstanding
the foregoing, in the event that the Company fails to notify the LESO or the
other LES Operators of the implementation of a mandatory bar under the
circumstances required by the Barring Procedures set forth in Annex A,
then the LESO shall not be obligated to pay Charges for Services provided to
any MES that would have been subject to the mandatory bar.  The Company shall have no other liability
for failure to provide notice of the implementation or lifting of a mandatory
bar except as expressly provided for in this Clause 5.


 


6.             TECHNOLOGICAL FRAUD
MANAGEMENT


 


6.1           The
Parties shall use their best endeavours to eliminate economic losses, and
inconvenience to legitimate End-Users, arising from technological fraud, such
as, without limitation, the cloning of MESs and theft of MES identification
codes.  The Company shall use its
reasonable endeavours to develop and implement where possible technical means
for detection and prevention of such technological fraud.


 


6.2           The
LESO shall have no obligation to pay Charges for Services in cases where the
LESO has unknowingly carried traffic to or from an MES through which
technological fraud has been perpetrated, provided that the LESO shall immediately
notify the Company in the event that the LESO knows or suspects that a
particular MES is fraudulent or is being fraudulently operated and shall
provide reasonable proof to the Company that fraud has occurred.


 


22

















 


6.3           The
LESO shall comply with the Technological Fraud Prevention Procedures set forth
in Annex R,
as amended from time to time in accordance with Clause 20.


 


6.4           Notwithstanding
the foregoing, the LESO shall have an obligation to pay Charges under the
circumstances outlined in Clause 6.2 in the event that (i) the LESO
receives non-refundable payment for the Services provided from the End-User in
question; or (ii) the LESO provides Services to the MES in question after the
Company informs the LESO that the Company has reason to believe that such MES
is fraudulent or is being fraudulently operated, or (iii) the LESO’s failure to
comply with the Technological Fraud Prevention Procedures in Annex R
has allowed such technological fraud to take place.


 


6.5           The
LESO shall not provide Services to an MES that the LESO knows or has reason to
believe is fraudulent or fraudulently operated.


 


6.6           The
Parties shall assist legitimate End-Users whose MESs may be compromised by
technological fraud, including (i) on the LESO’s part (with the assistance of
the Company upon the LESO’s request), contacting such End-Users or Resellers to
inform them of the existence of the fraud; (ii) assisting such End-Users with
deactivation and reactivation of their MESs with new access numbers and codes
and any other relevant facilities and (iii) providing general information
concerning fraud avoidance.  In the
event that an End User’s MES must be deactivated and reactivated as the result
of technological fraud arising from the LESO’s failure to comply with the
Technological Fraud Prevention Procedures in Annex R, then the LESO shall
reimburse the Company for administrative costs associated with such
deactivation and reactivation and reasonable costs incurred by the End User in
connection therewith (provided that such costs shall be demonstrated to be
reasonably incurred).


 


7.             RENEWAL OF THIS AGREEMENT


 


7.1           Subject
to there being no material adverse change in the business, assets or financial
condition of the LESO since the Commencement Date that has impaired the LESO’s
ability to provide the Services, the LESO shall have the option, upon giving
written notice to the Company, to extend the Extended Term for a further fixed
period of five (5) years (“Additional Extended Term”).   In order to exercise such option, the LESO
shall not less than eighteen (18) months before the expiry of the Extended
Term, give the Company written notice requesting the renewal of this
Agreement.  The Company shall, at least
fifteen (15) months before such expiry, give the LESO written notice stating
the terms and conditions upon which the Company is willing to grant a renewal
to the Agreement pursuant to this Clause.   If the Company is willing to grant a renewal, the Parties shall
negotiate in good faith to conclude any agreement for renewal at least twelve
(12) months before the expiry of the Extended Term.  Any terms and conditions offered to those LES Operators
qualifying pursuant to any criteria put in place by the Company at that time,
shall be no less favourable to the LESO than those provided or


 


23

















 


offered to other LES Operators or to any
Inmarsat Affiliate.  In considering the
request for a renewal, the Company shall amongst other things and consistent
with the objects set forth in its Memorandum of Association, take into account
the desirability of the LESO continuing to provide Maritime Distress and Safety
Services.


 


7.2           On or before 30 November 2006, the Company may elect for the renewal
provision in Clause 7.4 to enter into force. 
If the Company does not make this election by 30 November 2006, then
Clause 7.3 will be in force (and Clause 7.4 will have no force or effect).


 


7.3           Where the Company does not make any election under Clause 7.2 above, the
following will apply:


 


(a)           any LESO obligations under this Agreement to provide what it reasonably
believes is sensitive business information not necessary for the Company to
operate the network will have no force or effect; and


 


(b)           the LESO shall not be required to use the Company Marks in any fashion.


 


7.4           Subject to the provisions of Clause 7.2 above, following expiration of
the Extended Term of this Agreement, where the Company has so elected, Clauses
2.7 to 2.14 of the LESO Agreement will continue to have effect for a further
period of four (4) years unless the Company has executed renewal agreements
permitting such activities with LESOs constituting 30% of revenues derived from
all LES Operator Agreements in the prior calendar year.


 


8.             AUTHORISATION SUBJECT TO
COMPLIANCE


 


8.1           Subject
to Clause 8.4 below, the Authorisation shall be conditional upon
compliance by the LESO with the LES Technical Criteria and Operating Procedures
in respect of  all Services being provided by the LESO, or by a Reseller using
the LESO’s Land Earth Stations.  The
LESO shall also use reasonable endeavours to comply with the minimum LES
Technical Performance Objectives in Annex M.  The LESO shall inform the NOC in advance of any planned outage of
any of it’s LESs and, in the event that the LES has an unplanned outage, it
shall report the reason for such outage to the NOC within 24 hours. Subject to
Clauses 8.4 and 20, the Company shall apply the same LES Technical Criteria and
Operating Procedures to all LES Operators for Services provided through the
Land Earth Stations of such LES Operators.


 


8.2           If the
LESO fails to comply with its obligations under Clause 8.1:


 


(a)           The
Company shall give notice to the LESO requiring its non-compliance to be
remedied within a reasonable time (which shall not be less than ten (10) days
except in Urgent Operational Cases) 


 


24

















 


taking into account all of the
circumstances, and after consultation with the LESO.


 


(b)           If the
non-compliance continues after the time specified in the Company’s notice in
sub-paragraph (a),  the Company shall have the right, with
immediate effect:


 


(i)      to suspend  the
Authorisation for non-compliant Services in respect of the LES or LESs
concerned; or


 


(ii)     to suspend
the Authorisation with respect to any tenant entity in a Shared LES Agreement
with the LESO in the event that such non-compliance is caused by the tenant
entity; or


 


(iii)    to suspend
the entire Authorisation where the non-compliance affects all the Services
provided and all of the LESs operated by the LESO.


 


(c)           Notice
of suspension shall be given by the Company to the LESO immediately after any
such action and such suspension shall continue until the date on which the LESO
resumes compliance with the LES Technical Criteria and Operating Procedures, as
determined by the Company acting in good faith.


 


(d)           This
Sub-Clause 8.2 shall be  without prejudice to the applicable
provisions of Clause 21.


 


8.3           Notwithstanding
the foregoing and subject to the provisions of Clause 8.2(c) above, the Company
shall have the right to suspend the Authorisation with respect to Services
provided, or Land Earth Stations operated, by the LESO without notice in the
event that such Services or Land Earth Stations are not compliant with the requirements
of the LES Technical Criteria and Operating Procedures and such failure of
compliance has led to the occurrence of an Urgent Operational Case.


 


8.4           The
obligation of the LESO to comply with the requirements of the LES Technical
Criteria and Operating Procedures shall be subject to any waivers from
compliance with such requirements granted by the Organization to the LESO.  In addition, the Company may grant waivers
to the LES Technical Criteria and Operating Procedures after the Commencement
Date of this Agreement, provided that any such waiver (or a functionally
equivalent waiver) that is granted to other LES Operators shall be granted to
the LESO if the LESO demonstrates similar hardship in similar circumstances.  Upon request by the LESO at the time that
the LESO seeks a waiver, the Company shall disclose the existence of waivers
granted to other LES Operators that are similar to the waiver requested by the
LESO.


 


25

















 


9.             CHARGES


 


9.1           The
LESO shall pay to the Company, subject to the provisions of this Clause 9,
the Charges calculated in accordance with Annex G and the Commercial Framework
Agreement for Services via the Space Segment provided hereunder to the LESO by
the Company (as such Charges may be adjusted from time to time in accordance
with Clauses 9.5 and 9.6).  Except as
otherwise provided in Clauses 5.14 and 6.2, the LESO shall be responsible for
the payment of all Charges to the Company for all Services that are provided
via the Space Segment using its LES (including those Services provided by
Resellers).  The Charges shall be paid
to the Company in US dollars or in any other freely convertible currency that
is acceptable to the Company and otherwise in accordance with the invoice
procedures in Clause 10.


 


9.2           The
Company may offer price incentives and arrangements to the LESO and other LES
Operators in addition to those set out in the Commercial Framework Agreement,
to meet performance objectives defined by the Company with the aim of expanding
the overall traffic or customer base for the Services, provided that any such
price incentives and arrangements are made available to all LES Operators based
on the same criteria.


 


Taxes and Tax Credits


 


9.3           The
LESO shall be liable for all taxes, levies, duties, costs, charges,
withholdings, deductions or any charges of equivalent effect imposed on, or in
respect of, the Services by any authority having the power to impose such
taxes, (whether or not the taxes described therein are collected by withholding
or otherwise), except taxes described in Clause 9.4(a).


 


9.4


 


(a)           The
Company shall remain responsible for any income tax imposed on its profits or
net income by taxation authorities in the United Kingdom or any other territory
as a result of the Company maintaining a permanent establishment in that
territory;


 


(b)           In the
event that any tax, duty, impost, levy or like charge becomes payable in any
territory in accordance with Clause 9.3, either by deduction or otherwise, on
or in respect of any amount to be paid by the LESO to the Company, or which the
LESO may be required to withhold in respect of any amount due to the Company
under the Agreement (other than a tax described in clause 9.4(a), such tax,
duty, impost, levy or like charge shall be for the account of the LESO and the
LESO shall pay to the Company such an amount as to yield to the Company a net
amount equal to the amount that but for such tax, levy, impost or charge would
have been received by the Company.  The
Company will provide reasonable assistance to the LESO to minimize the amount
of such withholdings or deductions, including providing any relevant
certification of its status as a non-resident of a jurisdiction or of its
entitlement to benefits under a treaty;


 


26

















 


(c)           In the
event that the Company is responsible for an income tax in accordance with
Clause 9.4(a) and the LESO may be required to withhold and remit to a taxation
authority by deduction or otherwise, on or in respect of any amount to be paid
by the LESO to the Company under this Agreement as instalment or other payment
of the Company’s income tax liability, the LESO shall not gross up the payment
as described in Clause 9.4(b), but instead such amount withheld and remitted will
be considered paid to the Company by the LESO. 
The LESO will provide reasonable assistance to the Company in its
discussions with the relevant taxation authorities to minimize the amount of
such withholdings or deductions.


 


(d)           If,
and to the extent that, the LESO pays a tax in accordance with Clause 9.3 and
9.4(b) and the Company receives and retains the benefit of a refund of a tax or
credit against income tax imposed on its profits (whether in the United Kingdom
or any other territory in which the Company maintains a permanent
establishment) or other tax liability which is attributable to the tax paid by
the LESO (a “Tax Credit”), then the Company shall reimburse such amount to the
LESO or, at the LESO’s option, the LESO may deduct the applicable amount from
amounts payable to the Company hereunder. 
The Company shall be deemed to have received and retained the benefit of
a Tax Credit when such a claim for such credit has been agreed and accepted by
the relevant tax authority or at an earlier date to be advised by the
Company.  A Tax Credit shall be deemed
to arise to the extent that the Company’s current year tax payments are lower
than they would have been without the benefit of said credit.  Use of credits shall be determined under a
first-in, first-out basis;


 


(e)           The
LESO may identify a Tax Credit for which the Company may be eligible and assist
the Company in claiming such Tax Credit. In the event that the LESO claims a
reimbursement hereunder, the LESO shall identify any such Tax Credit to the
Company and provide all necessary information and assistance to the Company to
claim such Tax Credit.  The Company
shall make reasonable efforts to claim Tax Credits so identified save the
Company is under no obligation to claim a Tax Credit or pursue a Tax Credit
that has been denied by taxation authorities beyond the normal representations
of the Company to such tax authorities. 
The Company will assist the LESO in further pursuit of denied Tax
Credits provided the LESO bears all costs of external advice or representations
to the tax authorities or other relevant levels of appeal.


 


(f)            In
the event of an audit or other enquiry by any relevant taxing authority related
to taxes or Tax Credits related to the Services provided by the LESO, the
parties shall provide such information to each other as may reasonably be
regarded as necessary to comply with such audit, subject only to limitations
imposed by law, confidentiality agreements with third parties or where the
information is deemed to be commercially sensitive.


 


Changes to the Charges


 


9.5           The
Charges set forth in Annex G may be modified by the
Company, in accordance with the provisions of the Commercial Framework
Agreement.


 


27

















 


9.6           The
Company shall (subject to the provisions of the Commercial Framework Agreement)
be free to:


 


(a)           adjust the Charges of any individual Service and to adjust the fixed and
variable components of any Charge for any individual Service or any other
element of or relating to a Charge; and


 


(b)           introduce other non-demand assigned Charges consistent with Clauses 9.2
and 9.8; and


 


(c)           create pricing packages and volume discount schemes consistent with
Clauses 9.2, 9.8 and the principles of competition law, based on, service
packages, geographical volumes or market segments.


 


(d)           offer different Charges
for the same Service in defined geographical regions in which End User calls or
messages originate or terminate and which are technically verifiable, provided
that (i) every LES Operator that provides such Service in the relevant defined
(and technically verifiable) geographical region shall be entitled to receive
such Charge; (ii) consistent with this Clause 9, the Company shall modify
Annex G as necessary to reflect such price differentiation(s) on an
ongoing basis and publish the same to every LES Operator, and (iii) the Company
may implement differential prices only if it is consistent with the Company’s
obligations under applicable law.


 


9.7           In the
absence of an arithmetic or other clerical error, or a breach of the Commercial
Framework Agreement, the revised Charges developed by the Company shall be
final and binding on the Parties and shall not be subject to dispute under
Clause 30 of this Agreement.  The
Company shall provide to the LESO a revised Annex G reflecting the
revised Charges at least ten (10) days before the date of modification, and
such revised Annex shall constitute an amendment to this Agreement.


 


Non-discrimination


 


9.8           In
establishing Charges, the Company will not discriminate on the basis of the
nationality of LES Operators.


 


9.9           For
the purpose of determining the amount of payments due under Clause 10 hereof,
the LESO’s use of the Space Segment for provision of the Services shall be
measured in accordance with the procedures for traffic utilization measurement
and invoice processes, as notified by the Company to the LESO from time to time
in accordance with Annex H.


 


 


10.          PAYMENT OF CHARGES


 


10.1         With
respect to demand-assigned Services as set out in Part A of Annex
G the Company shall invoice the LESO on a monthly basis. Each invoice shall be
dated as of the day that it is produced and shall be sent on that date in


 


28

















 


electronic format (unless the LESO prefers
delivery by mail) to the LESO.  Each
such invoice shall be due for payment ninety (90) days after the date of the
invoice (Payment Due Date). Each such invoice shall contain a traffic  statement
for the month covered by the invoice prepared in accordance with
Clause 9.9.  Each traffic statement
shall include a summary of traffic volume by Service per LES in units of
minutes, or kilobits or Mbits or such other similar units (with separate
details for chargeable and non-chargeable traffic), details of the Charges for
each Service and the total amount in US dollars due to the Company.


 


10.2         With
respect to invoices for volume commitments, the Company shall invoice the LESO
at least thirty (30) days in advance of the period to which the volume
commitment refers. Each such invoice shall be dated as of the day that it is
produced and shall be sent by courier and/or in electronic format to the LESO
on that date. Each such invoice shall be due for payment on the last Business
Day prior to the period to which the volume commitment refers (Payment Due
Date).


 


10.3         With
respect to Fixed Charges as set out in Part B of Annex G, the Company shall
invoice the LESO at least thirty (30) days in advance of the start of the
period to which the Service refers. Each such invoice shall be dated as of the
day that it is produced and shall be sent by courier and/or in electronic
format to the LESO on that date. Each invoice in respect of such Services shall
be due for payment in full on the last Business Day prior to the start of the
period to which the Service refers (Payment Due Date).


 


10.4         An
interest charge shall be imposed, at a rate of the current three (3) month US
dollar London Inter-Bank Offer Rate (LIBOR) plus twelve (12) percentage points
per annumcalculated daily, on any payment due under this Agreement remaining
unpaid after the Payment Due Date.  Such
interest charge shall be computed commencing on the first day following the
Payment Due Date.  Interest shall be
payable within thirty (30) days of :


 


(a)           the
date on which payment of the Charges is received by Inmarsat; or


 


(b)           the
final day of each month


 


whichever is the earlier.  These provisions shall be without prejudice
to any other remedy to which the Company is entitled under this Agreement
including the right to suspend or terminate the Authorisation.


 


10.5         Where a
LESO elects to pay the Charges before the Payment Due Date, the LESO shall be
entitled to a discount for early payment. 
The discount would be calculated for the period from the date that
cleared funds are received by the Company up until the Payment Due Date (“the
discount period”).  The rate of the
discount shall be equivalent to the interest on the cleared funds for the
discount period at a rate that shall be benchmarked by equivalent period LIBOR
money market rates less 25 basis points.


 


10.6         Any
payment to be made under this Agreement shall be made by wire transfer directly
to the bank account designated by the Company in writing


 


29

















 


and shall be
deemed to be received by the Company on the date the amount is credited to the
Company’s bank

account.


 


10.7         The LESO
may nominate an entity to act on its behalf for the purposes of billing and any
associated or related matters, and shall do so in writing.  Where the LESO has nominated such an entity,
the LESO shall remain liable for payment of the Charges irrespective of whether
the LESO or the billing entity is named on the invoice.  Where the LESO has nominated such an entity,
the Company shall be entitled to rely on any instructions, decisions or
communications as if they had been made by the LESO.


 


10.8         If any
payment required under this Agreement has not been received by the Company by
the Payment Due Date, the Company may serve a written demand for payment.  Subject to Clauses 10.13 -10.15 below, if
the payment to which such written demand refers remains outstanding for thirty
(30) days following receipt of such written demand, the Company may suspend the
Authorisation.  In the case where
payment remains outstanding for more than ninety (90) days after the date on
which the Company becomes entitled to suspend the Authorisation, the Company
shall have a right to terminate the Agreement forthwith.


 


The Company’s right to vary the payment provisions


 


10.9         Without
prejudice to the provisions of Clause 10.8 above, where a LESO has failed to
pay the Charges such that the Company would be entitled to suspend the
Authorisation pursuant to Clause 10.8 above, on the second occurrence of such
failure to pay, the provisions of Clause 10.1 above shall be automatically
varied such that the Payment Due Date shall be reduced to 60 days after the
date of the invoice. In such circumstances, the Company shall be entitled to
require the LESO to put in place additional credit protection including but not
limited to a bank guarantee, parent company guarantee, escrow account or any
other credit protection as the Company in its reasonable opinion deems
appropriate.  Failure by the LESO to
provide such financial security within the time period stipulated by the
Company shall be deemed to be a material breach of the LESOs obligations under
this Agreement.


 


10.10       Following
a reduction in the Payment Due Date pursuant to Clause 10.9 above, provided the
LESO pays for subsequent Charges on or before the Payment Due Date for a
continuous period of 12 months following such reduction, Clause 10.1 above
shall be automatically varied such that the Payment Due Date shall be
reinstated to 90 days after the date of the invoice.


 


10.11       Notwithstanding
the provisions of Clause 10.10 above, on the third occurrence of a failure to
pay that would entitle the Company to suspend the Authorisation, the provisions
of Clause 10.1 above shall be automatically and permanently varied such that
the Payment Due Date shall be reduced to 30 days.


 


30

















 


10.12       If the
LESO or an entity guaranteeing the LESOs obligations under this Agreement,
defaults on its prime borrowings, enters administration, becomes insolvent, or
if its financial position is such that, within the framework of applicable
national law, legal action leading toward winding-up, bankruptcy, or
dissolution may be taken, the Payment Due Date pursuant to Clause 10.1 above
will be automatically reduced to 30 days and the Company may require payment on
demand of all outstanding amounts due.


 


Invoice disputes


 


10.13       The LESO
shall notify the Company as soon as possible but no later than thirty (30) days
after the receipt of an invoice in the event of any dispute regarding the Charges
set out in that invoice.  Any such
notice shall be in writing and shall include the reasons for the dispute and,
if applicable, a preliminary quantification of the disputed amount by means of
a comparison of the Company’s traffic statement underlying the invoice, or part
thereof, with the LESO’s own call data records.  If the LESO fails to provide to the Company the LESO’s relevant
call data records or any other relevant records within sixty (60) days from the
date of receipt of the invoice, the invoice shall be deemed to be undisputed
and immediately payable in full by the LESO together with interest in
accordance with Clause 10.4.  Following
provision of the LESO’s relevant call data records, the Company and the LESO
shall enter into discussions and shall use their reasonable commercial efforts,
including reciprocal provision of relevant records, to resolve disputes within
ninety (90) days from the date of receipt of the invoice.  In the event that, as a result of such
discussions, it is determined that the LESO should pay any amount to the
Company, the LESO shall pay interest to the Company in accordance with
Clause 10.4 for any amounts paid after the Payment Due Date
notwithstanding initiation of such discussions.


 


10.14       The LESO
shall pay the undisputed amount of any invoice by the relevant Payment Due
Date.  In the event that the Parties are
unable to resolve a dispute concerning all or a portion of an invoice within
the ninety  (90) day period set forth in
Clause 10.13, then such dispute will be deemed to be a formal
dispute.  In the event of a formal
dispute, the Company and the LESO, acting through their respective chief
financial officers (or their designates), shall act in good faith to attempt to
resolve the dispute within thirty (30)  days  following initiation of the formal
dispute.


 


10.15       In the
event that the Company and the LESO are unable to resolve the formal dispute in
accordance with Clause 10.14  within the thirty (30) day period
specified therein, the dispute shall be determined by an expert in accordance
with Clause 30.2.  Where any
payment made in accordance with Clause 10.14 has resulted in either an
underpayment or an overpayment by the LESO, such underpayment or overpayment
shall be paid by the LESO or refunded by the Company, as appropriate, including
accrued interest calculated in accordance with Clause 10.4 from the Payment Due
Date (if the payment is made by the LESO) or from the later of the date of the
overpayment by the LESO or the Payment Due Date (if the payment is made by the
Company), within fourteen (14) days of the determination resolving the dispute.


 


31

















 


11.          ADDITIONAL OBLIGATIONS OF
LESO


 


In addition to
other obligations of the LESO set forth herein, the LESO agrees as follows:


 


(a)           if the
LESO chooses to provide Services via the Space Segment,  it shall do so subject to
any applicable national laws and regulations, and shall use reasonable efforts
to give effect to the Company’s obligations (i) to provide Services
without discrimination on the basis of nationality, and (ii) to have regard to
the principle of acting exclusively for peaceful purposes, taking into account
the past practice of the Organization and the practice of the Company;


 


(b)           to use
all reasonable endeavours to obtain, and to use reasonable endeavours to
require its Resellers to obtain, all necessary licenses and approvals and
otherwise to comply with all statutes, by-laws, regulations and requirements of
any government or other competent authority applicable to the LESO and to the
provision of Services via the Space Segment by the LESO;


 


(c)           not to
hold itself out as agent for the Company in any correspondence or other
dealings relating directly or indirectly to the provision of the Services via
the Space Segment; provided that the LESO may use the Marks subject to the
provisions of Clause 18 hereof; and


 


(d)           the
LESO shall be fully responsible for terrestrial interconnection of its LES(s)
for the purpose of originating or terminating traffic, subject to applicable
national law.


 


12.          ADDITIONAL OBLIGATIONS OF THE COMPANY


 


12.1         In
addition to other obligations set forth herein, the Company agrees as follows:


 


(a)           To use
all reasonable endeavours to procure and maintain all licenses, approvals and
government authorisations necessary to provide the Space Segment for provision
of the Services by the LESO hereunder and to comply with all statutes, by-laws,
regulations and requirements of any government or other competent authority
applicable to the Company;


 


(b)           Notwithstanding
the provisions of Clause 12.1(a) above, the procurement or maintenance of all
licences, approvals or authorisations shall be at the reasonable discretion of
the Company, in any country where the relevant authority imposes fiscal or
other requirements as a condition of granting such licence and such licences or
conditions are likely to give rise to a financial liability on


 


32

















 


the Company
during the term of this Agreement, subject to the following procedure being
implemented:


 


(i)            as
soon as possible after notification of such fiscal or other requirements, the
Company shall inform all LESOs of the country requirements;


 


(ii)           the
Company shall consult with any LESO that wishes to provide the Services in such
a country with a view to apportionment of costs between the Company and all
other LESOs that wish to provide Services in that country or structuring the
delivery of the Services in a manner that will comply with the requirements of
the relevant authority;


 


(iii)          where
the Company and the LESOs are unable to reach agreement on such an arrangement
the Company may elect not to pursue a licence in that country or may rescind an
already existing licence in that country;


 


(iv)          the
total liability of the Company in relation to all such licences or
authorisations for all countries in any calendar year shall not exceed ****%
(****) per annum of the total revenue of the Company generated by all Services
in the immediately preceding calendar year;


 


(v)           allocation
of funds available between such countries shall be at the reasonable discretion
of the Company;


 


(vi)          where
additional LESOs commence the provision of Services in that country, they will
be required to contribute to the overall costs of maintaining such a presence
in that country on the same basis as all other LESOs providing Services in that
country;


 


(vii)         For the
avoidance of doubt, the provisions of Clauses 9.5 and 9.6 shall not apply to
the additional costs that may arise under this Clause pursuant to any
arrangement entered into by the Company and the LESO.


 


(c)           To use
its best efforts in undertaking such steps as are necessary to assure that the
Company is entitled (i) to maintain orbital slots for the Satellites at the
orbital positions contemplated in this Agreement and to undertake such steps as
are necessary to maintain those slots throughout the Extended Term of this
Agreement,    (ii) to maintain the
numbering schemes of the Organization in effect prior to the Commencement Date,
and (iii) to maintain the authority to allocate MES identification numbers
after the Commencement Date as necessary to perform its obligations hereunder;


 


(d)           To
comply with the terms of any agreements that the Company may have undertaken
with the Organization; and


 


33

















 


(e)           Not to
hold itself out as agent or principal of the LESO in any correspondence or
other dealings relating to the provision of Services via the Space Segment.


 


12.2         The
Company may engage in Generic Marketing to support and promote the Company’s
brand and may work in conjunction with the LESO on joint marketing activities.


 


12.3         The
Company may also engage in Direct Marketing to individuals or entities provided
that:


 


(a)           the
Company shall not contact MES users in the ESAS database for the purposes of
conducting such Direct Marketing (the Company shall be free to conduct Direct
Marketing from other available sources of information);


 


(b)           the
Company shall notify all LES Operators providing a particular Service in
advance of any Direct Marketing being carried out in relation to that Service
and shall provide to all such LES Operators full details of the proposed Direct
Marketing;


 


(c)           the
LES Operators providing that Service shall have 10 Business Days from the date
the notification is sent by the Company within which to comment on the Direct
Marketing proposal and in the absence of any objections within that time period
from such LES Operators, the Company shall be free to proceed with the Direct
Marketing;


 


(d)           If any
LES Operator providing the Service has objections to the Direct Marketing
proposal, it shall notify the Company within the time period, giving full
details of its objections and the rationale for such objections.  The Company shall take any objections raised
by such a LESO into consideration and shall respond to such objections within 5
Business Days of receipt. If the outstanding objections are resolved, the
Company shall be free to proceed with the Direct Marketing.


 


(e)           If
outstanding objections are not resolved, the LESO may propose an alternative
solution.  If the LESO does not present
a satisfactory solution or alternative recommendation, the Company may proceed
with the Direct Marketing where at least one LESO that provides that particular
Service consents to the Direct Marketing.


 


12. 4        The
Company also agrees throughout, the Extended Term, (except where the Company is
permitted to own or operate an LES pursuant to Clauses 2.9, 2.10, 2.11, 2.12
and 2.13), not to enter into any contracts with MES End Users or any of the
LESO’s Resellers or agents in respect of the Services other than the standard
terms and conditions necessary for service activation or to become a PSA.


 


34

















 


13.          SPACE SEGMENT MANAGEMENT


 


Provision of Space Segment Capacity


 


13.1         The
Company shall, in accordance with this Clause, provide Space Segment capacity
on Second Generation, Third Generation and Fourth Generation Satellites to
enable the LESO to provide Services. 
The Company shall also provide Space Segment capacity on Subsequent
Generation Satellites, if the Company chooses to offer Services on such
Satellites, in a manner consistent with the Authorization and the terms and
conditions of this Agreement.


 


13.2         The
characteristics of Second, Third and Fourth Generation Satellites and their
capacity are defined in Annex L, as amended from time to
time.  The primary aim of the Company
with respect to Space Segment management shall be to continue to provide Space
Segment capacity to the LESO and all other LES Operators in the event of
Satellite failures or other capacity shortfall.  The Company shall use its reasonable endeavours to provide that
capacity in accordance with the Network Performance Objectives described in Annex N
as amended from time to time. If capacity is or becomes insufficient to carry
the LESO’s traffic requirements at any time, although the Satellite is
functioning nominally, the Company may optimise Space Segment capacity using
the general guidelines in Annex I.  Except in an Urgent Operational Case, the Company shall consult
with the LESO prior to taking any such measures. Nothing herein shall require
the Company to procure additional satellite capacity.


 


13.3         Use of Prime Satellites to
carry the Services


 


The Company shall provide Space Segment capacity for
Services on Third or Fourth Generation Satellites at the following orbital
locations with: (a) the station keeping to two tenths (0.2) of a degree at the
equatorial crossing; and (b) an orbital inclination less than three (3)
degrees:


 


AOR-West Region at 54o West using a Third Generation satellite or at a location to be
announced (provisionally 50o West) using a
Fourth Generation satellite


 


AOR-East Region at 15.5o
West


 


IOR Region at 64o
East using Third Generation satellite or at a location not further East than 64o East using a Fourth
Generation satellite


 


POR Region at 178o East using a Third Generation satellite or at a location to be
announced using a Fourth Generation satellite


 


13.4         Reorganisation of the
Inmarsat A Service


 


Notwithstanding the provisions of Clause 13.3, the
Company shall have the right to transfer the Inmarsat A Service in the
AOR-West, IOR and POR regions to Second or


 


35

















 


Third Generation Satellites at any time. These
Satellites may be at the following orbital locations with: (a) the station
keeping to two tenths (0.2) of a degree at the equatorial crossing; and (b) an
orbital inclination of less than five (5.0) degrees:


 


Inmarsat A AOR-West Region at 98o West


 


Inmarsat A IOR Region at 109o
East


 


Inmarsat A POR Region TBA


 


13.5         Capacity Augmentation


 


If capacity on a Prime Satellite is or becomes
insufficient to satisfy all the LESO’s traffic requirements at any time,
although such Prime Satellite is functioning nominally, the Company may open up
one or more new Ocean Regions. The introduction of any new Ocean Regions will
be made in consultation with the LESOs. The Services to be carried in any new
Ocean Regions may be a subset of the Services and the allocation of Services to
such region will be dependant on the traffic demand and the capability of the
new region to provide additional capacity. The Services to be carried in any
new regions will be selected in consultation with the LESOs.  The new regions may use Second or Third
Generation Satellites at the appropriate orbital locations with: (a) the
station keeping to two tenths (0.2) of a degree at the equatorial crossing; and
(b) an orbital inclination less than five (5.0) degrees on the Second Generation Satellites and less than three (3.0) degrees on
the Third Generation Satellites.


 


13.6         Non-availability of Prime
Satellites


 


If, for any reason, a Prime Satellite at one of the
locations described in Clauses 13.3, 13.4, or 13.5 ceases to operate or,
if the capacity on that Satellite is permanently or indefinitely degraded, the
Company shall use its reasonable endeavours to replace or augment the capacity
in conformity with the Network Performance Objectives referred to in Annex N
in the Ocean Region concerned by using one or more of the following means
available to it, depending on the operational circumstances:


 


(a)           Temporary
Use of Spare Satellites


 


In the period during which a failure of the
Prime Satellite is under investigation the Company may provide Services, in
accordance with agreed contingency plans as listed in Annex B as amended from
time to time.


 


(b)           Permanent
replacement of a failed Satellite


 


If a Prime Satellite whose location is
specified in Clauses 13.3, 13.4 or 13.5 ceases to operate or becomes
permanently or indefinitely degraded, the primary means of providing
replacement capacity shall be the deployment of one or more spare Satellites to
the location concerned.


 


The Company shall follow the following
guidelines in relocating Satellites to restore an acceptable configuration.


 


36

















 


(i)            So
far as is possible, a Third or Fourth Generation Satellite will be replaced by
a Third Generation Satellite.


 


(ii)           The
drift rate to be used for relocation shall not exceed 5 (five) degrees per day.
The actual rate used will be decided at the time as a result of considering
both the urgency of the manoeuvre and the lifetime reduction which would
result.


 


(iii)          Precedence
shall be given to restoring Services on the four Prime Satellites in the
AOR-East, AOR-West, IOR and POR over the restoration of Services at other
locations.


 


(iv)          If the
proposed sequence of Satellite moves has any impact on the provision of
distress and safety services, it shall be subject to IMSO agreement at the
time.


 


(c)           Consultations
with LESO


 


The Company shall notify the LESO of the
occurrence of any of the events described in Clauses 13.6 (a) or (b).  Except in an Urgent Operational Case, or in
execution of a contingency plan already agreed with the LESOs, as per the
provisions of Annex B, the Company shall consult with the LESO before taking
any of the above actions.  The
consultations and subsequent actions by the Company shall take into account the
need to preserve coverage for the LESO and all other LES Operators and also the
need to ensure continuity of Maritime Distress and Safety Services and any
other safety-related communications services. The coverage provided for the LESO during contingency
operations shall be limited to the provision of the Space Segment
capacity.  The arrangements by which the
LESO chooses to access the Satellites, remains the responsibility of the LESO.


 


Company’s Right to Replace Capacity


 


13.7         Subject
to the requirements of Clause 13.6 and the Network Performance Objectives
in Annex N,
the Company shall have discretion to interchange any of the Satellites at any
of the locations referred to in Clauses 13.3, 13.4 or 13.5 in the light of
joint interests of the Company and all LES Operators.


 


13.8         Except
in an Urgent Operational Case, the Company shall give the LESO reasonable prior
notice of any proposed replacement of a Satellite, and shall consult with the
LESO prior to such replacement, and take into account any reasonable request made
by the LESO in relation to the proposed replacement.


 


13.9         Use of Spare Capacity


 


The use of spare capacity on any Satellite not
required by any LES Operator for the provision of Services shall be at the
discretion of the Company.


 


37

















 


13.10       Operations Infrastructure


 


The Company shall provide, or shall procure the
provision of, the operations infrastructure necessary to support the operation
of the Satellites through which the Services are provided, and shall use its
reasonable endeavours to achieve the Network Performance Objectives set out in Annex N.


 


Liability


 


13.11       Other than
as provided for in Clause 13.12, the Company shall not incur any financial
liability to the LESO if the performance of any of the Satellites or of the
operations infrastructure fails to achieve the Network Performance Objectives
specified in Annex N.


 


13.12       In the
event that the Company fails to meet the minimum Network Performance Objectives
set forth in Annex N, then the LESO shall receive outage credits for
any traffic commitment or other fixed-period service affected by such outage as
follows:  No allowance or credit will be
made for any unavailability, delay or interruption in the availability of the
service which is of less than one hour’s duration.  Any such unavailability, delay or interruption which is of one
hour or more duration shall be credited to the LESO in an amount equal to the
proportionate charge in one hour multiples for each one hour, or major fraction
thereof during which such unavailability, delay or interruption has
occurred.  In addition to the foregoing,
in the event that the Company relocates a Satellite or substitutes a Satellite
of one generation with a Satellite of another generation and, as a result thereof,
the LESO is unable to meet a traffic commitment that it undertakes prior to
such relocation or substitution, then the LESO shall be excused from such
traffic commitment. During contingency operations following the failure of a
Prime Satellite, the Company will endeavour to provide Satellite capacity to
enable the LESO to continue to pass commercial traffic. The arrangements by
which the LESO chooses to access this Satellite capacity remain the
responsibility of the LESO.


 


14.          REPRESENTATIONS, WARRANTIES AND
UNDERTAKINGS


 


14.1         The
Company represents and warrants to the LESO that the following statements are
true and accurate as regards the Company as of the date of the signing of this
Agreement and, if such date is prior to the Commencement Date, they are deemed
to be repeated on the Commencement Date:


 


(a)           the
execution, delivery and performance of this Agreement have been duly authorised
by all necessary corporate action on the part of the Company;


 


(b)           the
Company owns or leases the Satellites and has a right to use the orbital slots
and associated frequency spectrum for the Satellites throughout the Extended
Term of this Agreement.  Notwithstanding
the above, nothing in this Agreement shall prevent the Company from procuring
capacity on a satellite owned by a third party should the


 


38

















 


Company wish
to do so providing that the Company comply with all its own obligations under
this Agreement , including, without limitation, the Network Performance Objective
specified in Annex N;


 


(c)           this
Agreement constitutes the legal, valid and binding obligations of the Company;


 


(d)           the
Company has obtained all clearances, telecommunications and other licences,
consents and approvals necessary to enable it to operate the Space Segment for
the provision of the Services; and


 


(e)           the
Company is in compliance with any applicable telecommunications or other law
and regulation of the United Kingdom and any other relevant country governing
any ground-based part of the Space Segment.


 


14.2         The LESO
represents and warrants to the Company that the following statements are true
and accurate as regards the LESO as of the date of signing of this Agreement
and, if such date is prior to the Commencement Date, they are deemed to be
repeated on the Commencement Date:


 


(a)           the
execution, delivery and performance of this Agreement have been duly authorised
by all necessary corporate action on the part of the LESO;


 


(b)           this
Agreement constitutes legal, valid and binding obligations of the LESO; and


 


(c)           the
LESO has obtained all clearances, telecommunication and other licences,
consents and approvals necessary to enable the LESO to operate its Land Earth
Station(s) for the provision of the Services; and


 


(d)           the
LESO has required its Resellers to obtain all necessary licenses and approvals
and otherwise to comply with all statutes, by-laws, regulations and
requirements of any government or other competent authority applicable to the
provision of the Services via the Space Segment;


 


 


15.          DISCLAIMERS OF LIABILITY


 


Telecommunications Breakdown and Application of Barring Procedures


 


15.1         Subject to this
Clause 15, the LESO agrees that the Company (for itself and as trustee for
the benefit of the other Indemnitees, as defined in Clause 15.8) shall not be
liable on any basis whatsoever to the LESO, its Affiliates, Resellers,
customers or other End Users for any direct, indirect or consequential loss,
damage or expense, including, without limitation, loss of profits or revenues,
loss of distribution rights, abortive expenditure or damage to property and
injury or death to persons, arising from or in connection with


 


39

















 


(i) any Telecommunications Breakdown,
regardless of cause including, but without limitation, satellite or other
equipment failure or malfunction, or any unavailability, delay or interruption
of telecommunication services caused as a result thereof, or (ii) any
suspension of service to a mobile earth station resulting from actions by the
Company acting in good faith at the request of the LESO or other LES Operators
in accordance with the Barring Procedures.


 


15.2         Notwithstanding
Clause 15.1, the Company shall compensate the LESO for loss in the event
that the Telecommunications Breakdown  described in Clause 15.1 above  is
caused by the wilful or reckless act or knowing or reckless omission of the
Company in circumstances where the Company knew that such act would have such
effect or was reckless as to whether or not such act or omission would have
such effect.


 


15.3         In the event of the Company
becoming liable in accordance with Clause 15.2 to compensate the LESO, the
loss suffered by the LESO shall be deemed to be, and limited to, a
proportionate part of the LESO’s Relevant Net Revenues (as defined in
Clause 15.4) calculated by reference to each hour or fraction of an hour
(being not less than one quarter) during the period of time in which the
Telecommunications Breakdown occurred. 
The Company shall pay such amount to the LESO, provided that in no
circumstances shall the aggregate amount payable by the Company to the LESO and
all other LES Operators affected by such Telecommunications Breakdown under
this Clause 15.3 in respect of all occurrences or series of occurrences
arising out of the same proximate cause in any calendar year, exceed U.S. $10
million.  In calculating the amount
payable, account will be taken of variations in the volumes of traffic at
different times based on the average diurnal profile for the Ocean Region in
which the LESO is located.


 


15.4         For the purpose of
Clause 15.3, the term “LESO’s Relevant Net Revenues” means the LESO’s
proportional share (based on overall system traffic) of the gross revenues
received by all LES Operators affected by such Telecommunications Breakdown
from the provision of Services by all affected LES Operators during the twelve
(12) months preceding the first incident giving rise to the claim less (i) the
amount of Charges that were payable to the Company in relation to such revenues
and (ii) the variable land-line charges associated therewith (subject to the
$10 million limitation set forth in Clause 15.3).


 


15.5         Disclaimers to be Passed on
to End Users


 


(a)           The LESO shall use
commercially reasonable efforts to incorporate, and require that Resellers
incorporate, in the terms and conditions applicable to any customers and End
Users to which the LESO or its Resellers provide Services following the
Commencement Date, disclaimers of liability substantially similar to (but in no
case less broad than) that set forth in Clause 15.1 in favour of the
Company, the Company’s Affiliates and itself. 
Such disclaimers shall be in form or substance consistent with the
disclaimer set forth in Annex J, or as close to such form as
is permitted by the applicable law.


 


40

















 


(b)           The Company shall, through
the PSA, procure that any End User of the Services, as a condition of service
activation, must sign a written waiver of liability vis-à-vis the Company and
the LESO (or all LES Operators collectively) for any loss, damages or
associated costs arising in connection with the provision of Services to the
maximum extent to which the Company and the LESO are legally permitted to waive
such liability.


 


Damage to Space Segment or Loss of Services


 


15.6         Subject to the exclusions set
out in Clause 15.7 below, the LESO shall be liable to the Company, and shall
indemnify and hold the Company harmless vis-à-vis claims by any third party
(including but not limited to other LES Operators) against the Company, for any
loss or damage to the Space Segment caused by any act or omission of the LESO,
its Resellers, contractors, employees, agents, lessees or assignees, or any of
them (which in no case shall exceed $100 million in any calendar year), except
that the LESO shall have no liability to the Company for loss or damage arising
out of the provision of Services by the LESO via the Space Segment in a manner
authorised by this Agreement (subject to Clause 8.4), the LES Technical
Criteria and Operating Procedures or as otherwise authorised in writing by the
Company.


 


15.7


 


(a)           Nothing in this Agreement
shall exclude or limit the liability of either Party for death or personal
injury resulting from such Party’s own negligence in any jurisdiction where, as
a matter of law, such liability cannot be excluded or limited.


 


(b)           Save as specified in
Clauses 15.9 and 15.10 below, neither Party shall be liable for any indirect,
special, punitive, incidental or consequential damages arising out of or under
this Agreement.


 


Indemnities


 


15.8         As used in this
Clause 15, the term the other Indemnitees mean any Affiliate, or director,
officer, employee or agent of an Indemnified Party (as defined below) or of its
Affiliate.


 


15.9         Either Party (the “Indemnifying
Party”) shall indemnify the other Party (the Indemnified Party”) and the other
Indemnitees from and against any direct, or indirect loss, damage, liability or
expense arising from any claim by a third party, pursuant to or in connection
howsoever with:


 


(a)           any
libel, slander, or invasion of privacy or any allegation thereof by the
Indemnifying Party, its Affiliates, Resellers or customers, as the case may be,
arising in connection with the provision of Services via the Space Segment
(provided that, for the purpose of this Agreement, other LES Operators shall
not be deemed to be the “customers” of the Company and the Company shall not be
obligated


 


41

















 


to indemnify
the LESO for claims arising hereunder that are attributable to another LES
Operator); or


 


(b)           any
infringement or alleged infringement of any patent, copyright, design,
trademark or other industrial or intellectual property rights whatsoever of any
other person by the Indemnifying Party, including without limitation,
infringement or alleged infringement arising in connection with combining or
using in connection with the provision of Services via the Space Segment as
authorised hereunder, any apparatus and systems of the Indemnifying Party, its
Affiliates, Resellers or customers (provided that, for the purpose of this
Agreement, other LES Operators shall not be deemed to be the “customers” of the
Company and the Company shall not be obligated to indemnify the LESO for claims
arising hereunder that are attributable to another LES Operator).


 


Notwithstanding
the foregoing, neither Party shall be under any obligation to indemnify the
other Party or the other Indemnitees of the other Party under this
Clause if any such claim would have arisen against the Party seeking
indemnification under this Clause 15 regardless of the alleged acts or
omissions of the Party from which indemnification is sought or those of its
Affiliates, Resellers or customers.


 


15.10       The LESO
shall indemnify the Company and the other Indemnitees from and against all
direct or indirect loss, damage, liability or expense arising from any claim by
any third party resulting from or arising in connection with any event which is
required to be disclaimed under Clause 15.5 hereunder.  For the purpose of this Clause 15.10,
the LESO shall be deemed to be the Indemnifying Party and the Company shall be
deemed to be the Indemnified Party.


 


Defence of Indemnified Claims


 


15.11       With
respect to any claim for damage or loss that is required to be indemnified
hereunder, the Indemnifying Party shall, at its own expense, defend any such
claim subject to the conditions that the Indemnified Party (or, as the case may
be, the other Indemnitees) shall give the Indemnifying Party reasonable notice
of the receipt of any such claim, and provide such cooperation to the
Indemnifying Party as is reasonably necessary for the defence of the claim,
including, without prejudice to the generality of the foregoing, the filing of
all pleadings and other court processes, the provision of all relevant
information and documents, and providing reasonable access to relevant
employees.


 


15.12       If, in the
event of any claim subject to Clause 15.11, the applicable law does not
permit the Indemnifying Party to defend the claim as contemplated herein, then
the Indemnified Party shall conduct its defence under instructions from the
Indemnifying Party and shall not make any admissions, settlements or
compromises without the written consent of the Indemnifying Party.


 


42

















 


15.13       The provisions of
Clause 15.6 to Clause 15.12 regarding indemnification shall survive the
expiration or termination of the Agreement.


 


16.          INSURANCE


 


16.1         The
Company and the LESO shall each maintain liability insurance from a third party
insurer or self-insurance in an amount sufficient to cover the indemnities
which each Party has granted, respectively, under this Agreement, to the other
Party. Each Party shall, upon request of the other Party, provide the other Party
with evidence of such insurance or, as the case may be, net asset value that is
sufficient to cover the indemnities granted under this Agreement.


 


16.2         In
addition to the insurance described in Clause 16.1, the Company shall
obtain and maintain insurance, to the extent that insurance is available on
commercially reasonable terms (in a commercially reasonable amount that is
standard for the satellite communication services industry) to cover third
party claims resulting from telecommunications breakdown of any nature
whatsoever that relates to the availability of the Space Segment.  At its option, the LESO shall be named as an
additional insured on such policy, in which event, the LESO may be required to
contribute, along with other LES Operators, to the cost of such insurance
policy.   Any such contribution will
become payable within thirty (30) days of the date of the receipt by the LESO
of an invoice from the Company.  The Company
shall also provide such other information about such insurance policy as the
LESO may reasonably request.


 


17.          CONFIDENTIALITY


 


17.1


 


(a)           The
Company and the LESO hereby agree that it may be necessary to the performance
of this Agreement for a Party (the “Disclosing Party”) to disclose to the other
Party (the “Receiving Party”) certain information that the Disclosing Party
deems to be confidential and proprietary. 
The Receiving Party shall maintain the security and confidentiality of
all Confidential Information (as defined below) received from the Disclosing
Party hereunder.


 


(b)           For
purposes hereof “Confidential Information” shall include (i) information deemed
to be Confidential Information under Clause 5.3, and (ii) technical
information, customer lists and other business information or data relating to
the Disclosing Party, its Affiliates or other representatives that is reduced
to writing and marked “Confidential” or with a similar designation by the
Disclosing Party.


 


(c)           Except
as otherwise provided by Clause 5, the Receiving Party shall not use or
communicate, directly or indirectly, any of the Confidential Information to any
third party without the prior written consent of the Disclosing Party.  The


 


43

















 


Receiving
Party shall use its best efforts to prevent inadvertent disclosure of all or
any part of the Confidential Information to any third party.


 


17.2         The
Company shall treat all information that the Company receives from the LESO, or
a PSA specifically relating to the LESO’s customers or Resellers, as
Confidential Information hereunder and shall use such information only for the
purpose intended by the LESO, except as otherwise permitted by Clause 5.  The Company shall not, without the written
consent of the LESO, disclose such information to any third party  (including any other LES Operator) or (i)
allow such information to be provided to the Company’s Subsidiary (within the
meaning of Clause 2.13), or (ii) to any governmental, international or
intergovernmental agency or authority, unless required by law.


 


17.3         Subject
to the foregoing, each Receiving Party shall restrict access to Confidential
Information received from the Disclosing Party to only those of its employees
to whom such access is necessary for the purposes of this Agreement and advise
such employees of the obligations assumed herein.


 


17.4         The
foregoing obligations shall not apply to information which


 


(a)           is or
becomes generally available to the public through no act of default on the part
of either Party or any of its directors, employees, agents or contractors


 


(b)           was
known to the Receiving Party prior to disclosure by the Disclosing Party which
fact can be proven by documentary evidence


 


(c)           is
independently developed by the Receiving Party;


 


(d)           is
subsequently disclosed to the Receiving Party without any obligations of
confidence by a third party who has not derived it directly or indirectly from
either party to this Agreement; or


 


(e)           the
Receiving Party is compelled by legal process or government regulation or order
to disclose.


 


17.5         Notwithstanding
anything else in this Agreement, the obligations contained in this
Clause 17 shall survive the termination or expiration of this Agreement
for a period of three (3) years.


 


18.          INTELLECTUAL PROPERTY


 


18.1         The Company
represents and warrants that it owns or has a valid license to use, certain
patents, trade secrets, copyrights and other intellectual property embodied in
the LES Technical Criteria and Operating Procedures.   This Agreement confers upon the LESO the right to enter into a
royalty-free license agreement with the Company, the form of which is set forth
in Annex U
(IPR License Agreement) (as amended from time to time to cover Evolved Services
offered by the LESO), to use such patents, trade secrets, copyrights or other
intellectual property embodied in the LES Technical


 


44

















 


Criteria and Operating Procedures as may be
necessary for the LESO to provide Services in accordance with the terms and
conditions of this Agreement and shall provide no other rights of ownership or
of use unless otherwise expressly provided for herein or as otherwise mutually
agreed by the Parties.


 


18.2         The
Company represents and warrants, and the LESO acknowledges and agrees, that the
Company owns or has authority to use or to sub-license the Marks set forth in Annex S.  The LESO shall not obtain any ownership
interest in or any license to use the Marks, except as provided for in the
Trademark License Agreement, a form of which is set forth in Annex T,
which the LESO and the Company have executed on the Commencement Date.  The LESO shall have no authority to
authorise any Reseller, Customer, agent or other entity to use the Marks,
except as expressly permitted by the Company in an executed license agreement
between the Company and such Reseller, customer, agent or other entity.


 


19.          TIME LIMITS


 


Any period of
time referred to in this Agreement shall be counted from the day following the
event marking the start of the period of time and shall end on the last day of
the period laid down.  When the last day
of a period of time is not a Business Day, the period shall be extended to the
next Business Day.


 


20.          AMENDMENTS


 


20.1         The
terms and conditions of this Agreement shall not be amended or modified in any
manner by the Parties except if such amendment or modification is part of an
agreed change to standard terms and conditions applicable to all LES Operators
or as otherwise expressly provided for herein.


 


20.1.1      The Company
or the LESO may at any time propose an amendment to this Agreement, including
its Annexes except where express provision is otherwise made for amendment to
any provision of this Agreement or to any Annex.  Any such proposal shall be promptly circulated by the Company to
all LES Operators.  If at least three
LES Operators so request, or if the Company so decides, the Company shall
convene a meeting open to all LES Operators to consider the proposal.  LES Operators shall have sixty (60) days in
which to respond to any such proposal for amendment.  If the proposed amendment or addition is agreed to in writing by
the Company and by LES Operators responding to the proposal providing between
them sixty–six and two-thirds percent (66.67%) of the Company’s revenues
derived from all responding LES Operators in the twelve (12) months immediately
preceding the date of the circulation of the proposal, the amendment shall take
effect in this Agreement and all other LES Operator Agreements, on a date to be


 


45

















 


determined by the Company and the LES
Operators which agree to the amendment.


 


20.2         Notwithstanding
Clause 20.1, the LES Technical Criteria and Operating Procedures may be
amended from time to time by the Company subject to and in accordance with the
provisions of this Clause 20.


 


20.3         A change
or addition to the LES Technical Criteria and Operating Procedures can be
proposed by either the Company or the LESO. 
The Company shall, as soon  as practicable, provide the
affected  LES
Operators with (a) notice of any  proposed changes or  additions to the LES
Technical Criteria and Operating Procedures, including any proposed
implementation schedule, and (b) sufficient information to enable the affected  LES
Operators to evaluate the technical and financial consequences of the proposed
change or addition. To the extent possible, the changes or additions to the LES
Technical Criteria and Operating Procedures shall be considered at the biannual
meetings of the Network Planning Consultative Group in accordance with the
procedures set out in Annex K.  Subject
to Clause 20.6, if requested by a minimum of two (2) LES Operators, the Company
shall convene an extraordinary meeting of the Network Planning Consultative
Group, to consider changes or additions to the LES Technical Criteria and
Operating Procedures in accordance with the procedures set out in Annex K.


 


20.4         Subject
to Clause 20.6, where a proposed change or addition to the LES Technical
Criteria and Operating Procedures would be mandatory thereby requiring
compliance by all LES Operators offering the affected Service, and would result
in either:


 


(a)           a
typical implementation cost (as defined below) to be incurred by the affected
LES Operators in excess of US$250,000 (two hundred and fifty thousand US
dollars); or


 


(b)           an
aggregate of the typical implementation cost of the proposed change or addition
and all other mandatory changes or additions to the LES Technical Criteria and
Operating Procedures introduced in the immediately preceding twelve (12) months
to be incurred by LES Operators in excess of US$500,000 (five hundred thousand
US dollars);


 


the Company
shall not make the proposed change or addition without the consent of a simple
majority of those LES Operators attending and voting at the Network Planning
Consultative Group meeting which offer the relevant Services affected by the
proposed change or addition or which intend to offer the relevant Services and
have a demonstrated financial commitment to do so.  For the purposes of sub-paragraphs (a) and (b), the “typical
implementation cost” shall be the cost agreed between both the Company and a
simple majority of the LES Operators affected by the proposed change or
addition and who are present and voting at the Meeting. In the absence of such
agreement, the typical implementation cost shall be determined by an expert in
accordance with Clause 30.2.


 


46

















 


20.5         Subject
to Clause 20.6, where either:


 


(a)           the
proposed change or addition to the LES Technical Criteria and Operating
Procedures would involve a typical implementation cost less than or equal to
the thresholds described in Clause 20.4; or


 


(b)           the
proposed change or addition to the LES Technical Criteria and Operating
Procedures would not be mandatory;


 


the Company
may adopt the proposed change or addition, following the expiry of twenty-one
(21) days from the date on which notice of the proposed change or addition has
been given, or as the case may be, following the Network Planning Consultative
Group meeting at which such proposed change or addition was presented to the
LES Operators.


 


20.6         Notwithstanding
any other provision of this Clause 20, the Company may adopt any change or
addition to the LES Technical Criteria and Operating Procedures without prior
consultation with the LESO where the Company reasonably determines that an
Urgent Operational Case has arisen. 
However, where any change or addition to the LES Technical Criteria and
Operating Procedures would, but for the provisions of this Clause, have
required a consent of the LES Operators pursuant to Clause 20.4, a Network
Planning Consultative Group meeting shall be convened as soon as possible at
which the Company shall provide evidence of the Urgent Operational Case and
consider alterations to the change or addition.


 


20.7         The Company
shall define a reasonable period applicable to all LES Operators by which the
LESO shall implement a mandatory change or addition to the LES Technical
Criteria and Operating Procedures, in consultation with those LES Operators
present at the Meeting, and shall formally notify all LES Operators within ten
(10) days after the Meeting.  If the
LESO does not comply with the implementation period, Clause 8 shall apply.


 


21.          SUSPENSION OF AUTHORIZATION


 


21.1         If the
LESO fails to comply with any material term of this Agreement, then the Company
may give to the LESO written notice which shall specify the term or terms of
this Agreement in respect of which the LESO is not compliant.  If the LESO fails to cure the lack of compliance
within a period of thirty (30) days from the date of such notice (or such
longer period as may be permitted by the Company), the Company may suspend the
Authorisation at any time thereafter upon giving written notice to the LESO,
except that such thirty (30) day period may be shortened in the Urgent
Operational Cases or as otherwise provided for in this Agreement, particularly
in Clauses 8 and 10.8.


 


21.2         The
Company’s right of suspension in this Clause 21 shall operate without
prejudice to the rights of the Company to suspend the Authorisation under other
express provisions of this Agreement or to terminate this Agreement in
accordance with Clause 22. 
Notwithstanding the foregoing, in the event that the Company does not
terminate the Agreement in whole or in part, or cannot


 


47

















 


do so consistent with Clause 22, then
the Company shall lift the suspension of the Authorisation on the date on which
the LESO resumes compliance with the terms of this Agreement.


 


22.          TERMINATION


 


Termination for Cause


 


22.1         Either
Party (the “Terminating Party”) may terminate the Agreement where the other
Party (The “Defaulting Party”) is in default in the performance of any material
term under this Agreement and has failed to cure the default within sixty (60)
days from the date of written notice from the Terminating Party; provided that
if the Defaulting Party is the LESO and the cause of the default is failure of
payment of the Charges, then the applicable cure period shall be as provided
for in Clause 10.8.


 


22.2         The
Terminating Party may terminate the Agreement by written notice to the
Defaulting Party if:


 


(a)           an
encumbrancer takes possession or a receiver is appointed over any of the
property or assets of the Defaulting Party; or


 


(b)           the
Defaulting Party makes any voluntary arrangement with its creditors or becomes
subject to an administration order within the meaning of the bankruptcy laws of
the United Kingdom or an equivalent order under the laws of the jurisdiction in
which the LESO or Company (as the case may be) operates; or


 


(c)           the
Defaulting Party goes into liquidation (except for the purposes of an
amalgamation, reconstruction or other reorganization and in such manner that
the entity resulting from the reorganization effectively agrees to be bound by
or to assume the obligations imposed on the Defaulting Party under this
Agreement); or


 


(d)           the
Defaulting Party ceases, or threatens to cease, to carry on business.


 


22.3         Termination for Convenience


 


During the Extended Term, the LESO may terminate this
Agreement for its convenience upon at least twelve (12) months written notice
to the Company.


 


23.          CONSEQUENCES OF TERMINATION


 


Payment of Charges


 


23.1         Upon the
termination or expiration of this Agreement for whatever reason, any
outstanding indebtedness of the Parties to one another shall become


 


48

















 


immediately due and payable together with
any interest due (calculated in accordance with Clause 10.4) up until the
date of payment, provided that the Company shall refund the LESO the amount of
any Charges that the LESO has prepaid for any period of time after the date of
termination (provided that, in the event that the Agreement is terminated due
to the default of the LESO or at the LESO’s convenience, then such amount shall
be subject to adjustments to recapture the pro rata amounts of any discount
that the LESO may have received by virtue of such prepayment).


 


23.2         The
amounts payable by the LESO to the Company upon termination or expiration of
this Agreement shall include any Charges that would have been payable in
accordance with the terms of any traffic commitments (such as take-or-pay
commitments) mutually agreed by the Parties, subject to the relevant provisions
of this Agreement unless the Agreement is terminated due to a material default
by the Company, in which case, such traffic commitment-related Charges that are
in excess of the Services actually taken in accordance with such commitment
shall not be payable.


 


Other Consequences


 


23.3         Upon the
termination or expiration of this Agreement for whatever reason, the Company
shall no longer be obligated to provide telecommunication services via the
Space Segment to the LESO and the LESO shall cease to provide Services via the
Space Segment through those of its LES(s) that are within the scope of the
termination.  In addition:


 


(a)           The
Trademark License Agreement and the IPR License Agreement shall immediately
terminate in accordance with their terms.


 


(b)           The
Parties shall each return to the other or, if requested by the Disclosing Party
(as defined in Clause 17), destroy all Confidential Information belonging
to the other Party.  Any destruction of
documents must be confirmed in writing to the Disclosing Party.


 


23.4         Upon
termination of this Agreement, the LESO shall have the right to make any
transitional arrangements that it deems fit with respect to its Resellers, End
Users and customers, unless otherwise mutually agreed by the Parties.


 


23.5         The
rights set forth in this Clause 23 shall not prejudice any other right or
remedy of either Party, at law, subject to Clause 30.


 


24.          ASSIGNMENTS AND
SUBCONTRACTING


 


24.1         Subject
to Clause 24.2, neither Party shall assign, transfer or charge all or any
of its rights and/or obligations under the Agreement without the prior written
consent of the other Party, and further provided that any such assignment,
transfer, or charge shall not relieve the assigning Party from liability for
the performance of any of its past, present or future obligations (including
financial obligations) or duties under the Agreement. Requests for Novation of
this Agreement shall be treated on a case by case basis.


 


49

















 


Notwithstanding the foregoing, the Company
may assign its right to receive payment of the Charges from the LESO hereunder
subject to the provision of prior notice to the LESO and the Company’s
agreement to hold the LESO harmless from any claims from the assignee of such
right or its Affiliates (other than claims related to failure of payment by the
LESO hereunder or claims against the LESO that are unrelated to this
Agreement).


 


24.2         The
consent required for assignment under Clause 24.1 shall not be withheld
unreasonably where the assignment or charge is to an Affiliate  of
the assigning Party or an entity that is the result of a merger or
reorganization of the assigning Party.


 


24.3         Upon any
assignment or novation of this Agreement, the Company shall have the right to
review and revise payment terms as reasonably necessary to compensate for any
material increase in credit risks.


 


25.          WAIVER


 


25.1         No delay
in exercising or failing to exercise by either Party of any right or remedy
hereunder and no custom or practice of the Parties at variance with the terms
hereof shall constitute a waiver of any of the Parties’ rights or remedies
hereunder.


 


25.2         No
waiver by either Party of any particular default by the other Party shall
affect or impair either Party’s rights in respect of any subsequent default of
any kind by the other Party, nor shall any delay or omission of either Party to
exercise any rights arising from any default affect or impair a Party’s rights
in respect of the said default or any other default of the other Party
hereunder.  Subsequent acceptance by the
Company of any payments by the LESO shall not be deemed a waiver of any
preceding breach by the LESO of any of the terms or conditions of this
Agreement.


 


26.          INVALIDITY


 


26.1         Should
any provision of this Agreement be found to be invalid, illegal or
unenforceable under the laws of any relevant jurisdiction in any respect, the
invalid, illegal or unenforceable aspects of such provision shall be given no
effect and shall be deemed not to be included in this Agreement without
invalidating any of the remaining provisions of this Agreement.  The Parties shall forthwith enter into good
faith negotiations to amend the Agreement in such a way that, as amended, is
valid, legal, enforceable, and, to the maximum extent possible, reflects the
intended effect of the invalid, illegal or unenforceable provision.


 


50

















 


27.          NOTICES


 


27.1         Any
notice served under this Agreement (including invoices and any other written
communications required under this Agreement) shall be in writing and shall be
given by fax, international courier (such as TNT, DHL or Federal Express) or
air mail to the fax number or address specified below for each Party, or such
other address or fax number as may be notified by either Party in writing to
the other Party.  A notice will be
deemed to have been received on the Business Day following the transmission of
the notice by fax or the day that it is delivered to the applicable address by
international courier or five (5) days after it has been dispatched by air
mail.


 


27.2         The Parents’
and the Company’s addresses and fax numbers for the service of any notice by
the LESO under this Agreement shall be:


 


Inmarsat


99 City Road,
London, EC1Y 1AX, United Kingdom


Fax:     +44
(0)20 7728 1602


 


27.3         The
LESO’s address and fax number for the service of any notice by the Company
under this Agreement shall be:


 


[                  ]


[include
country]


Fax:         +[                  ]


 


28.          LANGUAGE AND COMMUNICATIONS


 


28.1         All
documentation and communications required under this Agreement shall be in the
English language.


 


28.2         All
communications pertinent to the Authorisation shall be made or confirmed in
writing.


 


29.          ENTIRE AGREEMENT AND
RELATIONSHIP OF PARTIES


 


29.1         Save as
otherwise provided in the Commercial Framework Agreement, this Agreement, together
with its Annexes, constitutes the entire agreement between the Parties and
supersedes any prior understandings and communications, whether written or
oral, between the Parties relating to the matters addressed herein.


 


29.2         The
Parties intend that the relationship created between them by this Agreement
shall be as independent contractors. 
This Agreement is not to be construed in any way as creating any
partnership, principal-agent, master-servant, joint venture or other similar
relationship between the Parties.


 


51

















 


30.          SETTLEMENT OF DISPUTES


 


30.1         The
Parties shall use all reasonable endeavours to resolve any dispute, which shall
include mediation where appropriate.


 


Disputes to be determined by an expert


 


30.2         With
respect to any matter or dispute that is required by the express terms of this
Agreement to be resolved by an expert under this Clause, the matter or dispute,
on the application of either Party, shall be referred for resolution to an independent
firm of internationally recognised chartered accountants in London that is
agreeable to both Parties, or, failing agreement within thirty (30) days from
the date on which the matter or dispute arises, to be selected by the President
(for the time being) of the Institute of Chartered Accountants in England and
Wales.  Once engaged, the firm shall act
as an expert and not as an arbitrator and shall be charged by the Parties to
render its decision within ninety (90) days of the date of submission of the
matter or dispute in question or within such shorter period as may be agreed by
the Parties.  Any determination rendered
by the expert shall be binding on the Parties, provided that either Party may
invoke the arbitration procedures under Clause 30.5 to review the decision
of the expert; provided further, however, that the appealing Party shall bear
all of the expenses of the arbitration and of the other Party (in relation to
its participation in the arbitration) (the amount of which is to be determined
by the arbitral tribunal) in the event that the arbitration affirms the
determination of the expert (notwithstanding the provisions of
Clause 30.4).


 


30.3         The LESO
and the Company undertake to give all necessary information and assistance to
the expert, including making all relevant accounting records available on a
timely basis in order to resolve the matter in dispute.


 


30.4         Except
as provided in Clause 30.2 above, the Company and the LESO shall each bear
their own costs and expenses in connection with the resolution of the
dispute.  The costs and expenses of the
expert shall be paid in equal shares by the Parties.


 


Disputes to be determined by arbitration


 


30.5         Subject
to Clause 30.6, any dispute, controversy or claim arising out of or
relating to this Agreement, or the breach, termination or invalidity thereof,
shall be referred to and finally resolved by arbitration in accordance with the
Arbitration Rules of the London Court of International Arbitration (LCIA)
presently in force (“the Rules”).  The
appointing authority shall be the LCIA. 
Unless otherwise agreed by the Parties, the number of arbitrators shall
be three (3) (of whom each Party shall select one (1) and the third to be
agreed by the other two (2) arbitrators). 
The language of the arbitration shall be English and the place of
arbitration shall be London.  Any
arbitration award rendered in accordance with this Clause shall be final
and binding on the Parties.  The Parties
waive irrevocably their right to any form of appeal,


 


52

















 


review or
recourse to any state court or other judicial authority, insofar as such waiver
may be validly made.


 


30.6         For the
avoidance of doubt, any dispute, controversy or claim which is required by the
terms of this Agreement to be resolved by an expert under Clause 30.2 may be
referred to arbitration in accordance with Clause 30.5 only after the expert
has rendered his determination under Clause 30.2.


 


30.7         Notwithstanding
Article 25.3 of the Rules, any Party may apply to any state court or other
judicial authority for interim or conservatory measures at any stage prior to,
or after, the commencement of an arbitration under 

Clause 30.5.


 


30.8         The LESO
irrevocably:


 


(a)           consents
generally in accordance with the State Immunity Act 1978 to relief being given
against it in England or any other jurisdiction by way of injunction or order
for specific performance or for the recovery of any property whatsoever or
other provisional or protective measures and to its property being subject to
any process for the enforcement of a judgment or any process effected in the
course or as a result of any action in rem; and


 


(b)           waives
and agrees not to claim any immunity from suits and proceedings (including
actions in rem) in England or any other jurisdiction and from all forms of
execution, enforcement or attachment to which it or its property is now or may
hereafter become entitled under the laws of any jurisdiction and declares that
such waiver shall be effective to the fullest extent permitted by such laws,
and in particular the United States Sovereign Immunities Act of 1976.


 


30.9         Each
Party irrevocably waives any objections to the jurisdiction of any court
referred to in Clause 30.7.


 


31.          GOVERNING LAW


 


31.1         This
Agreement shall be governed by, and shall be construed in accordance with, the
laws of England.


 


31.2         The LESO
shall, within thirty (30) days of execution of this Agreement, appoint an agent
for service of process or any other document or proceedings in England in
relation to the subject matter of this Agreement, and shall notify the Parent
and the Company forthwith. The addresses of the Parent and the Company for
service of such process and any other such document or proceedings shall be
those specified in Clause 27, unless and until any alternative addresses are
notified to the LESO for that purpose.


 


53

















 


32.          COUNTERPARTS


 


This Agreement may be entered into by the Parties to
it on separate counterparts, each of which, when executed and delivered, shall
be an original, but all the counterparts shall together constitute one and the
same instrument.


 


33.          FORCE MAJEURE


 


33.1         Neither
Party shall be liable for failure to perform under this Agreement due to any
act, event or cause beyond its reasonable control (“Force Majeure Event”)
including, but not limited to:


 


•      Acts of God, peril of the sea, accident of navigation, war,
terrorism, riot, insurrection, civil commotion, national emergency (whether in
fact or by law), martial law, fire, lightning, flood, cyclone, earthquake,
landslide, storm or other adverse weather conditions, explosion, power
shortage, strike or other labour difficulty (whether or not involving Company
or LESO employees), epidemic, quarantine, radiation or radioactive contamination;


 


•      Action or inaction of any government or other competent authority,
(including any court of competent jurisdiction), including expropriation,
restraint, prohibition, intervention, requisition, requirement, direction or
embargo by legislation, regulation, decree or other legally enforceable order,
or refusal to grant or revoke a license if such refusal is not occasioned by
failure of the Party to apply therefor, prosecute applications as necessary or
to comply with applicable law or regulation; and


 


•      Externally caused transmission interference or satellite failure, or
satellite launch failure or delay, or satellite malfunction.


 


33.2         In the
event that a Force Majeure Event exceeds thirty (30) consecutive days, then
following such thirty (30) day period, the Parties shall meet and negotiate the
continuation, suspension, termination, restructuring or other disposition of
this Agreement.  Upon removal or
cessation of the Force Majeure Event, all obligations under this Agreement
shall resume.


 


34.          GUARANTEE


 


(i)            The
Parent hereby guarantees the performance by the Company of the Company’s
obligations hereunder.


 


(ii)           In
addition, the Parent shall not take any action (which shall include a failure
to act) that will undermine or otherwise frustrate the ability, or cause the
failure, of the Company to perform its obligations under this Agreement.


 


54

















 


35.          RIGHTS OF THIRD PARTIES


 


A third party that is not a party to this Agreement
has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of this Agreement but this does not affect any right or remedy of a
third party which exists or is available apart from that Act or any right of a
Party to this Agreement to enforce any term of this Agreement for and on behalf
of such third party where applicable.


 


55

















 


AS WITNESS duly authorised
representatives of the Parties have signed this Agreement on the day and year
above written.


 


 


	
  SIGNED by Alison Horrocks

  	
  )

  
	
  for and on behalf of

  	
  )

  
	
  Inmarsat Ventures Ltd

  	
  )

  
	
   

  	
   

  
	
   

  	
   

  
	
  SIGNED by Michael Butler

  	
  )

  
	
  for and on behalf of

  	
  )

  
	
  Inmarsat Ltd

  	
  )

  
	
   

  	
   

  
	
   

  	
   

  
	
  SIGNED by [NAME]

  	
  )

  
	
  for and on behalf of

  	
  )

  
	
  [the LESO]

  	
  )

  



 

















 


LES Operator
Agreement


 


ANNEX A


 


BARRING PROCEDURES


 


(Clauses 1.1
and 5 of this Agreement refer)


 


TABLE OF CONTENTS


 


	
  PROCEDURES
  FOR BARRING AND UNBARRING MARITIME AND LAND MOBILE EARTH STATIONS IN THE
  INMARSAT SYSTEM

  	
   

  
	
  (Maritime and Land Mobile)

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  1

  	
   

  	
  PURPOSE AND OBJECTIVES

  	
   

  
	
  2

  	
   

  	
  SAFETY OF VESSELS AT SEA

  	
   

  
	
  3

  	
   

  	
  DISCRETIONARY
  BARRING AND UNBARRING

  	
   

  
	
  4

  	
   

  	
  MANDATORY BARRING AND
  UNBARRING

  	
   

  
	
  5

  	
   

  	
  MULTIPLE MANDATORY BARRINGS

  	
   

  
	
  6

  	
   

  	
  WITHDRAWAL
  OF BARRING OR UNBARRING NOTIFICATION

  	
   

  
	
  7

  	
   

  	
  UNBARRING
  DUE TO JUDICIAL SALE AND DEACTIVATION

  	
   

  
	
  8

  	
   

  	
  RESPECTIVE RESPONSIBILITIES

  	
   

  
	
  9

  	
   

  	
  ESAS-BARRING OPERATION

  	
   

  
	
  10

  	
   

  	
  LES DATABASE

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  ATTACHMENT 1:

  	
   

  	
  Procedure for the 14 Day Notification to
  Inmarsat Maritime Mobile Earth Stations When Financing Barring Is Raised

  	
   

  
	
  ATTACHMENT 2:

  	
   

  	
  Procedure for the Quick Unbarring of
  Mobile Earth Stations by Rescue Coordination Centres

  	
   

  
	
  ATTACHMENT 3:

  	
   

  	
  Barring and Unbarring Codes Authorized
  Users Table

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  REPORTING OF
  AIRCRAFT EARTH STATIONS BARRED FROM ACCESS TO THE INMARSAT-AERO SYSTEM (Aeronautical)

  	
   

  
	
   

  	
   

  
	
  1

  	
   

  	
  PURPOSE

  	
   

  
	
  2

  	
   

  	
  SCOPE

  	
   

  
	
  3

  	
   

  	
  RESPONSIBILITIES

  	
   

  
	
  4

  	
   

  	
  PROCEDURE

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  ATTACHMENT
  1:

  	
   

  	
  Form of Notification of Barring by GES
  Operator to AES Owner/Operator

  	
   

  
	
  ATTACHMENT
  2:

  	
   

  	
  Barring Codes

  	
   

  
								



 

















 


LES Operator
Agreement


 


ANNEX A


(Maritime and
Land Mobile)


 


PROCEDURES FOR

BARRING AND UNBARRING

MARITIME
AND LAND MOBILE EARTH STATIONS

IN THE
INMARSAT SYSTEM


 


1              PURPOSE
AND OBJECTIVES


 


1.1           The
purpose of these procedures is to protect the integrity and effectiveness of
the Inmarsat system.  The system’s
integrity and effectiveness depend, amongst other things, on each LESO being
able to trust the identity and creditworthiness of each MES which has been
activated.


 


1.2           For
the above purpose, these procedures have the following objectives:


 


(a)           define
the requirement for the administration of a barring procedure for Inmarsat
maritime and land Mobile Earth Stations (MESs) approved by Inmarsat;


 


(b)           define
minimum criteria which will allow a Land Earth Station Operator (LESO) to bar
an MES, maritime/land, from using its LES in the respective Inmarsat system;


 


(c)           provide
LESOs with an early warning system, information and procedures for the
management and avoidance of bad debt and fraud;


 


(d)           prescribe
a set of responsibilities on LESOs and Inmarsat Customer Services


 


(e)           ensure
safety of vessels at sea is not compromised.


 


2              SAFETY
OF VESSELS AT SEA


 


The LESO that causes a mandatory barring to
be raised on a maritime MES must:


 


(a)           provide
the operator of the MES with a notification that the MES will be barred in 14
days. The notification message is contained in Attachment 1;


 

















 


(b)           in the
case of an unpaid account, ensure the invoice is outstanding for at least three
months.


 


All LESOs must:


 


(c)           implement
the barring in such a way that the ability of a vessel to use distress
(Priority 3) communication is not impeded;


 


(d)           be
prepared throughout the 24 hour day to be able to quickly unbar the MES if
requested by an RCC either directly or through Inmarsat, to facilitate RCC
response to a distress situation. 
Information and the procedure for the quick unbarring is contained in
Attachment 2.


 


(e)           immediately
unbar when notified that the mandatory barring is lifted by the LESO which has
raised the barring.


 


3              DISCRETIONARY BARRING and UNBARRING


 


Discretionary barrings are raised only by
LESO/NBAs for financial reasons. The codes used are warning messages and a
means of sharing information of bad debt and fraud with others. When a LESO has
discretionary barred an MES, only traffic via its LES/LESs is barred.  See Attachment 3 for the Barring and
Unbarring Authorised User Table.  A
discretionary barring allows other LESOs the choice to bar, either in the
return direction or in both forward and return directions, if they so wish.


 


3.1           Barring and Unbarring Codes


 


DB001 -  Accounting Authority
Rejected Account


This code is used by LESO/NBAs when:


 


(a)           an AA
has rejected the accounts because of non-payment;


(b)           an AA
does not accept MES on service activation;


(c)           the
user has moved to another AA


 


DB002 - Invoices Overdue


This code is used by LESO/NBAs where
payment is overdue as per the LESO’s credit terms with the user.


 


DB004 - Account Unacceptable


This code is used by LESO/NBAs when the
LESO decides that the customer is an unacceptable credit risk.


 


PMB03 - Proposed Mandatory Barring


This code is used by LESO/NBAs only when an
account is overdue by three months. 
PMB03 is a warning for NBAs that a mandatory barring


 


2

















 


has been proposed.  A second NBA must raise a PMB03 before the
mandatory barring MB003 can be implemented.


 


DU000 - Discretionary Unbarring


This code can be used by Inmarsat Customer
Services and LESO/NBAs when unbarring a discretionary barring code regardless
of the discretionary barring code raised by an NBA.


 


PMU00 - Proposed Mandatory Unbarring


This code can be used by Inmarsat Customer
Services and any one of the LESO/NBAs which sent the PMB03s. This code should
be treated as a warning of proposed mandatory unbarring; the mandatory barring
should still be in place until the mandatory unbarring MU000 is sent by
Inmarsat.


 


3.2           Discretionary Barring and
Unbarring Procedure


 


After a discretionary barring has been
applied for a reasonable length of time the originating LESO/NBA should consult
with its billing centre to review the situation and in cases where the
outstanding debt still remains unsettled they may decide to up-grade this to a
proposed mandatory barring using the code PMB003.


 


LESO/NBAs may impose discretionary barring
on an MES without notification to Inmarsat. However, LESOs are advised rather
to comply with the above procedure under such circumstances.


 


Discretionary Barring in ESAS (DB codes as
listed in Section 3.1) can NOT be raised against an MES activated with an ISP
as the billing entity. However, LESO/NBAs may block service in their own ACSE
database for any MESs, activated under an ISP as the billing entity.


 


4              MANDATORY
BARRING and UNBARRING


 


Mandatory barrings are raised by NBAs for
financial and non-financial reasons. See Attachment 3 for the Barring and
Unbarring Authorised User Table.  When
the following mandatory barring codes are used the MES concerned must be barred
at all LESs in both forward and return directions.


 


3

















 


4.1           Barring and Unbarring Codes


 


MB001 - Temporary Barring at Owner’s
Request


This code is used by LESO/NBAs And PSAs A
user may request to bar temporarily the MES when it will not be operated for a
certain period of time.


 


MB002 - MES Lost/Stolen


This code is used by LESO/NBAs, PSAs and
Inmarsat Customer Services. Since the MES and associated FRLPs, PIDs or System
Codes may have been compromised they may be forever barred and permanently
removed from the database. The user must notify the LESO/NBA, or Inmarsat
Customer Services as soon as the loss is discovered.


 


MB003 - Mandatory Barring for
Serious Cases of Bad Debt


On receipt of two PMB03s, Inmarsat will
issue an MB003 which means that all NBAs must ensure that the IMNs are
barred in BOTH DIRECTIONS in their LESs. Other NBAs may send PMB03 which will
be ‘queued’ up behind the first two barrings.


 


MB004 - Fraudulent Use


This code is used by LESO/NBAs, and
Inmarsat Customer Services. Subscription and corruption are some of the forms
of fraud for which this barring may be raised.


 


MB005 - Breach of Inmarsat Terms and
Conditions


This code may be requested by LESO/NBAs and
PSAs but can only be approved for use by Inmarsat. Inmarsat Customer Services
will evaluate the request and issue the mandatory barring if applicable.


 


MB006 - Proven Insolvency


This code can only be used by LESO/NBAs. To
apply this code the requesting NBA must be in possession of a formal
notification of bankruptcy or insolvency. In countries where local law demands
that service be reinstated by the LESO a legal document for the reinstatement
of service must be held by the LES concerned.


 


MU000 - Mandatory Unbarring


This code is used by LESO/NBAs, PSAs and
Inmarsat Customer Services when unbarring a mandatory barring regardless of the
mandatory barring code raised.  However,
for mandatory barring in serious cases of bad debt, the mandatory unbarring
will not be issued by Inmarsat until all NBAs who have ‘queued’ have
submitted their proposed unbarring request PMU00.


 


4

















 


4.2           Mandatory barring for
Non-financial Reasons


 


When a LESO has decided to bar an MES from
using its LES/LESs for non-financial reasons the bar codes MB001, MB002, MB004 and MB005 are
used. Its NBA shall inform Inmarsat Customer Services using ESAS supplying as a
minimum, the Inmarsat Mobile Number (IMN) of the MES barred, the date on which
it was barred and the reason code for barring. Inmarsat Customer Serviceswill
forward the barring details using ESAS to all LESs that operate the relevant
Inmarsat system.


 


On receipt of this notification all LESOs
will bar the MES.


 


4.3           Mandatory Unbarring For
Non-financial Reasons


 


When a LESO has barred an MES from using
its LES/LESs for non-financial reasons and later decides to unbar it, its NBA
shall inform Inmarsat Customer Services using ESAS.  As minimum, the IMN of the MES unbarred, date on which it was
unbarred, the unbarring code MU000 must be supplied.  Inmarsat Customer Services will forward the
unbarring details using ESAS to all LESs that operate the relevant Inmarsat
system.


 


On receipt of this notification all LESOs
will unbar the MES.


 


4.4           Mandatory Barring For Financial
Reasons


 


When a LESO has decided to bar an MES from
using its LES/LESs for financial reasons its NBA shall inform Inmarsat Customer
Services using ESAS supplying as a minimum the IMN of the MES barred, date on
which it was barred and the bar code PMB03.


 


Inmarsat Customer Services will forward the
barring details using ESAS to all LESs that operate the relevant Inmarsat
system.  On receipt of the notification
with the bar code PMB03 from Inmarsat Customer Services the other LES operators
do not
automatically bar the MES. However, if another LESO wishes to bar the same MES
from using its LES for financial reasons it may also bar using the bar code
PMB03.


 


When two LES operators have proposed
barring the same MES with the code PMB03 ESAS will automatically issue a
mandatory barring notification MB003 to all LESOs that operate the
relevant Inmarsat system.  This will
take effect immediately for a land-mobile MES and in 14 days time for a
maritime MES, see Attachment 1.  It
shall be noted, Inmarsat is not the one issuing the barring for financial
reasons.


 


On receipt of this notification all LESOs
will bar the MES.


 


5

















 


4.5           Mandatory Unbarring For Financial
Reasons


 


When a LESO has barred an MES from using
its LES for financial reasons and later decides to unbar the MES its NBA shall
inform Inmarsat Customer Services using ESAS. Supplying as a minimum the IMN of
the MES to be unbarred, date on which it will be unbarred and the unbarring
code PMU00.


 


As soon as all LESOs, which barred the MES
with PMB03 have proposed unbarring the same MES, Inmarsat Customer services
will issue a mandatory unbarring notification MU000 using ESAS to all LESOs
that operate the relevant Inmarsat system. 
The MU000 will only be issued by Inmarsat when all PMB03s have been
removed by PMU000s.  When a LESO
provides a 14 day notification of barring the sequence of unbarring shall be in
accordance with Attachment 1.


 


On receipt of this notification all LESOs
will unbar the MES.


 


Mandatory Barring for financial reasons
shall not be raised against an MES activated with an ISP as the billing entity.


 


5              MULTIPLE
MANDATORY BARRINGS


 


An MES may have mandatory barrings against
it from more than one NBA and for more than one reason. There should be
available at the LES all outstanding barring codes against the MES with their
respective NBA.


 


When LES/LESs receive an unbarring
notification from one NBA via Inmarsat Customer Services, only the appropriate
barring code should be lifted. ie. the one raised by that NBA in the first
instance.  If there is more than one
mandatory barring in place the MES remains barred until all barrings are
lifted.


 


6              WITHDRAWAL OF BARRING OR UNBARRING NOTIFICATION


 


ER000 - Error Code


This code should be used by all LESO/NBAs,
PSAs and Inmarsat Customer Services to indicate when an error has been made and
the barring/unbarring request is being withdrawn. To facilitate the processing
of the withdrawal of the barring/unbarring notification, the Daily Update
Report number should be quoted on the request submitted by an NBA.


 


To correct a barring or unbarring
notification sent in error, the NBA responsible shall inform Inmarsat Customer
Services using ESAS supplying as a minimum the IMN of the MES, date on which it
was barred or unbarred and the error code ER000. Inmarsat Customer services will
forward the unbarring details using ESAS to all LESOs that operate the relevant
Inmarsat system.


 


6

















 


On receipt of the notification from
Inmarsat Customer services all LESOs will rectify the error as requested.


 


7              UNBARRING DUE TO JUDICIAL SALE AND DEACTIVATION


 


(a)           On
some occasions MESs operated on board ships undergo the requirement for
unbarring due to forced sale of the ship by a court of law (Judicial Sale).
This results in the purchaser not being responsible for any debts previously
incurred on the ship. Hence, in order for the new owner to use the system the
barring has to be removed. Inmarsat Customer Services will request evidence of
the Judicial Sale and will unbar the MES then inform the NBAs who have raised
the barring of this event. Inmarsat Customer Services will then inform the
appropriate Point of Service Activation (PSA) to deactivate the MES.


 


(b)           When a
PSA requires to deactivate a barred MES, the PSA will apply to Inmarsat for
unbarring. Inmarsat Customer Services will unbar the MES and inform all NBAs
that the barring has been lifted.  When
the PSA re-registers the MES, and ESAS can identify this MES, the same NBAs who
have previously barred the MES will be informed.


 


8              RESPECTIVE
RESPONSIBILITIES


 


8.1           LES Operators


 


Each LESO is responsible for:


 


(a)           informing
Inmarsat Customer Services of the name of the person authorised to bar an MES through
the LES. This person is known as the Nominated Barring Authority (NBA) for that
Operator.


 


(b)           advising
Inmarsat Customer Services of any change of its NBA. Inmarsat Customer Services
will only accept barring communication from and send same to these NBAs.


 


(c)           ensuring
any barring of an MES at its LES complies fully with the requirements of safety
of vessels at sea, as described in Section Two.


 


(d)           maintaining
a detailed database and documentation for the administration of the barring
procedure at the LES and for any national regulations and legal requirements.
Each LESO shall ensure that the LES complies fully with the mandatory barring
raised.


 


(e)           informing
the MES operator that the MES will be or has been barred from their LES.


 


7

















 


The responsibility to suspend or terminate
the authorisation to utilise the Inmarsat space segment by any MES on any of
the grounds referred to in this procedure, is the sole discretion and
responsibility of the LESO which sends the barring notification to Inmarsat
Customer Services.


 


Under Article Four of the Inmarsat
Operating Terms and Conditions and in consideration of Inmarsat’s agreeing to
relay the barring notification to all LESOs referred to in this procedure, the
LESO shall indemnify and hold harmless Inmarsat, (other than the LESO which
sends the barring notification) from any claim in respect of direct, indirect
or consequential loss, liability or expense or loss of profits, including but
not limited to claims in respect of libel and slander, resulting from or
related in any way with any such actions.


 


8.2           Inmarsat Customer Services


 


Inmarsat Customer Services is responsible
for informing LESOs/NBAs when an MES has been barred or unbarred by a LESO, and
for maintaining a database of barred MESs.


 


For each mandatory barring received
Inmarsat Customer Services reserves the right to discuss and clarify the case
with the originating LESO before informing the other LESOs.  This may delay its action depending on the speed
of response from the LESO.


 


To simplify the operation of the procedure
for users without reducing its effectiveness Inmarsat Customer Services will:


 


(a)           not
accept additional barring requests from a LESO which has already barred and not
unbarred an MES under the procedure (mandatory and discretionary), even though
they may be for different reasons.


 


(b)           bar
all IMNs on the MES, i.e. all IMNs related to the MES will be barred, unless
the LESO which initiates the barring explicitly specifies that barring is to be
applied only to one or more specific IMNs. In barring an MES with multiple
IMNs, the initiating LESO only needs to identify one, usually but not
necessarily the primary IMN.


 


Inmarsat Customer Services acts as a
store-and-forward centre for LESOs for all barring and unbarring transactions,
it is not responsible for the suspension of an MES to utilise the Inmarsat
space segment when barred. This is the sole responsibility of the LESOs who
send barring and unbarring notifications to Inmarsat Customer Services via
their NBA.


 


Inmarsat Customer Services shall monitor
non-compliance with mandatory barring and circulate a monthly non-compliance
reports and implement any penalties or central barring as and when decided by
Inmarsat.


 


8

















 


8.3          Points of Service Activation


 


Points of Service Activation (PSAs) are
responsible for ensuring all financial, legal and contractual requirements in
the process of service activation are met. 
In some cases the RO is also appointed as the NBA.  PSAs have limited jurisdiction to use the
barring procedure using barring codes MB001 and MB002  for MESs registered in their countries.


 


8.4          Accounting Authorities


 


Accounting Authorities (AAs) are the
billing entities used by the MES operators to conduct the billing process
between the MES end-user and the LESO. 
AAs operate in accordance with ITU Recommendation D-90, however, the AAs
have no means of barring the MES when invoices are not paid by the MES
end-user.


 


In order to ensure that LESOs continue to
be paid by the AAs, barring of end-users that have defaulted in payment to AAs
must be undertaken by the LESO/NBAs. 
This would only take place when an AA requests one or more LESO/NBAs to
raise a PMB03.


 


The LES NBA may, therefore, raise a PMB03
at the request of an AA subject to the following conditions:


 


a)             The
AA invoices have become overdue for a period exceeding three months.  The onus is on the AA to ensure that
invoices are overdue over three months.


 


b)             The
facility shall only be available to AAs that are signatory to the CIRM TAG
Maritime Accounting Authority Code of Business Practice (MAACOBP).


 


c)             The
AA shall ensure that the request is submitted to the LESO(s) that have passed
traffic contributing to the debt of the MES, which the AA intends to bar.


 


d)             The
LESOs are not under the obligation to raise the barring requested.  The AA will continue to be liable for any
traffic generated, should the barring not be effected.  The LESO should notify the AA that the
barring has not been implemented.


 


c)             The
AA shall be responsible for any consequences that may arise as a result of the
barring raised by the LESOs.


 


9

















 


9              ESAS-BARRING
OPERATION


 


Inmarsat Customer Services has automated
the process of the Barring Procedure with ESAS in a module called NBA-BAR.  The operational details of NBA-BAR is
explained in a user manual available from Inmarsat Customer Services. A summary
of the process is given below.


 


The transaction files received from ESAS
will update the barring/unbarring database, either by adding a new barring
transaction, or updating the status of an MES already barred. These
transactions are received by ESAS and collected in a daily update report
circulated to all LESs after 00:00 UTC. Once a day, ESAS will generate a
barring and unbarring report which summarises all the notifications
received on that day. The report will be downloaded when the NBA gains access
to the ESAS via the NBA-ESAS. NBAs should be aware that the comment field on
screen is circulated to all NBAs. It is therefore not to be used as the
personal comment field of that NBA.


 


ESAS NBA-Bar will provide the necessary
support to facilitate the 14 day notification of barring to MESs operated on
board ship. The LESO will provide this notification in accordance with
Attachment 1.


 


Note: Only mandatory barrings are sent to LESs in the
Daily Update report.  Both mandatory and
discretionary barrings are sent to NBAs in the Daily Update report.


 


10           LES DATABASE


 


It is essential for LESOs and their NBAs to
maintain an up to date database ensuring that all daily barring and unbarring
transactions are promptly downloaded.


 


The integrity of the Inmarsat systems
relies on all LESOs maintaining accurate LES databases in order for mandatory
barrings to be effective.  Failure to do
so will result in Inmarsat Customer Services issuing a non-compliance barring
notification to a LESO handling traffic from an MES that has a mandatory barring
against it. Inmarsat will impose financial penalties for LESOs who are found to
be non-compliant with mandatory barrings requests.


 


A LESO may request a barring ‘snapshot’ to
up date an LES database at any time using LES-ESAS.


 


10

















 


LES Operator Agreement


 


ANNEX A


Maritime and Land Mobile


 


ATTACHMENT 1


 


PROCEDURE FOR THE 14 DAY NOTIFICATION


TO INMARSAT MARITIME MOBILE EARTH STATIONS


WHEN FINANCIAL BARRING IS RAISED


 


1              INTRODUCTION


 


In the past the International Maritime
Organization (IMO) has expressed concern with respect to barring of Mobile
Earth Stations (MESs) operated on board ships. Since the maritime MES can
constitute an integral part of the requirements for the Global Maritime
Distress and Safety System (GMDSS) on board a ship, barring of the MES would
have an impact on such requirements. This is particularly relevant if the
vessel is at sea.


 


IMO requested that prior to raising the
barring, the operator of the MES, e.g. the master of the vessel, is to be given
sufficient notice of the barring so that the vessel will not proceed to sea
when the barring of the MES will effect its conditions of meeting the SOLAS
requirements.


 


LESOs will provide the maritime MES
operator with a notice at least 14 days before a mandatory barring takes place.


 


The 14 day notification should provide the
necessary warning to the ship that the MES will be barred after that period of
time. Thereafter, the ship shall endeavour to arrive at a port, or if in port
to defer sailing, before the barring takes effect, or when appropriate action
is taken to unbar the MES.


 


2              NOTIFICATION PROCESS


 


In accordance with this procedure for
Barring and Unbarring Mobile Earth Stations in the Inmarsat System, the Land
Earth Station Operator (LESO) will authorise a person to bar MESs, and this
person is known as the Nominated Barring Authority (NBA). The NBA of the LESO
shall inform the operator of the maritime MES 14 days before raising a
mandatory barring. (The message provided in section three may be used, for this
purpose if required).


 


In the case of mandatory barring due to
financial reasons (MB003), the barring becomes effective after the second
Proposed Mandatory Barring for financial reasons (PMB03) is raised.
Subsequently it becomes incumbent upon the NBA of the LESO, that raises this
second proposed mandatory barring, to inform the operator of the MES.


 

















 


The Electronic Service Activation System
(ESAS) barring process has been modified to incorporate a specific message, to
indicate to the NBA initiating the second PMB03, to send the 14 days
notification to the operator of the MES. Thereafter the ESAS will not generate
the MB003, until the 14 days have elapsed.


 


3              BARRING


 


When the second PMB03 is raised, the MB003
is not immediately generated by the ESAS. Instead on the daily barring report
the second PMB03 shall have a notification to alert the issuer of this PMB03 to
send a message to the operator of the MES on board the vessel, to inform the
operator of the impending barring.


 


The Daily Barring Report for the second
PMB03 shall include the following notification :


 


“M E S   B A
R   I N   1 4   D A Y S,   N O T I F Y   S H I P   N O W”


 


ESAS will not send the actual notification
to the operator of the MES.


 


On receipt of the above notification, the
NBA shall transmit the following message to the operator of the MES in respect
of Inmarsat-A, B and C by means of telex, to the telex machine of the MES; and
in respect of Inmarsat-M and Fleet by fax to the fax machine of the MES.


 


“To the Master of the Vessel . . . . . . . . . . . . .
.. 


 


In 14 days a Global Mandatory Barring will be raised
against the Mobile Earth Station (MES) on board your vessel.  With the exception of a Priority 3 alert, no
other communication can be conducted on the MES, after this period of time. You
are advised that this barring may effect the validity of the Ship’s Radio
Safety Certificate. You should contact your Owners/Managers immediately to
rectify the cause of this barring.”


 


Maritime Inmarsat-M and mini-M are not
considered as type approved for GMDSS, a contributing factor to SOLAS.  However the MES may be used to send messages
relevant to safety of life on board. 
Subsequently the NBA is advised to send by fax the 14 days barring as
the ESAS will provide the same 14 days notification in such cases.


 


2

















 


4              UNBARRING


 


After the transmission of the notification
in Section 3 above the ESAS will start a clock and will raise the MB003 after
the 14 day period has elapsed.  If
during the 14 days period:


 


(a)           The MES
is unbarred by both the NBAs, that have raised the PMB03s, the clock will stop
and the MB003 will not be raised.


 


(b)           Only
one of the two PMB03s is removed by payment of its related financial debt, the
clock will continue to work and the MB003 will in any case be raised by the
completion of the 14 day period.


 


(c)           More
than two PMB03s were raised, and the first two have been unbarred before the 14
days have elapsed, the clock will not stop and the MB003 will be raised at the
end of the period.


 


Once the MB003 is issued, the mandatory
barring is implemented.  It cannot be
removed until all the PMB03s have been cleared by the individual NBAs who
issued the PMB03s.


 


3

















 


LES Operator
Agreement


 


ANNEX A


Maritime and Land Mobile


 


ATTACHMENT 2


 


PROCEDURE FOR THE QUICK UNBARRING


OF MOBILE EARTH STATIONS


BY RESCUE COORDINATION CENTRES


 


1              INTRODUCTION


 


This procedure is introduced to address the
concerns of the International Maritime Organization (IMO) COMSAR committee,
with respect to the requirements of the Global Maritime Distress and Safety
System (GMDSS).


 


In the opinion of the IMO, the arrangements
for barring of mobile earth stations (MESs), including maritime MESs, whilst
the vessel is at sea can adversely affect the ship’s radio licences, the
ability of communications for distress and safety purposes and GMDSS
certifications.


 


2              PURPOSE OF THE PROCEDURE


 


The procedure shall be implemented when a
mandatory barring is raised against the MES installed on board a ship and where
the vessel is at sea and the MES is used for distress and safety purposes.


 


Before mandatory barring is raised, the
vessel must have received a 14 day notification from the Land Earth Station
Operator (LESO) implementing the barring, informing the vessel of the impending
barring.


 


The procedure is not invoked when
discretionary barring is raised against the MES. In such a situation the MES
may use other LESs.


 


3              DISTRESS ALERT


 


The vessel’s MES having a mandatory barring
raised against it, and when at sea becomes involved in a distress situation
(e.g. fire, grounding, collision, heavy weather etc.) can still use the
“Priority 3” alert on all the Inmarsat systems.


 


Priority 3 alert will pre-empt a
communication channel, on which the vessel’s distress message is sent. The LES
will route the message to its associated RCC.


 


The reaction of the RCC would be to
establish communication over the Inmarsat system with the vessel in order that
an RCC response can be


 

















 


initiated. The RCC can ascertain whether
the vessel’s MES is barred or not, by reference to the “MRCC Database”. From
this database the RCC can see the status of the MES on board, whether it has
either a mandatory barring or a discretionary barring raised against it at the
associated LES.


 


4              ACTION TAKEN BY RESCUE CO-ORDINATION
CENTRES


 


The RCC may also call the associated LES to
confirm the status of the MES. The LES will verify the status by looking at the
appropriate tables (barring/authorisation etc.).


 


If the MES status is confirmed to be
barred, the RCC will then request the LES to unbar the MES so that
communications can be established.


 


If the RCC is unable to communicate with
the LES, or requires the MES to be unbarred in more than one LES, it may
contact Inmarsat.


 


5              ACTION TAKEN BY INMARSAT


 


With reference to Section 4 above, the RCC
may contact either the Inmarsat Customer Services , which operates on a 24
hours basis, or the Network Operations Centre (NOC), which also operates on a
24 hour basis.


 


Inmarsat will check the Electronic Service
Activation System (ESAS) the total status of the MES, i.e. active, barred etc.
If the MES is found to be active and not barred, Inmarsat will assist the RCC
by providing any other information or advice as requested.


 


If the MES is found to be barred then
Inmarsat will contact the appropriate LES(s) to initiate unbarring of the MES.


 


6              CONDITIONS OF USE


 


When service is restored to the MES on
board the vessel, the traffic may only be routed to the RCC responding to the
distress situation.


 


If total service to the MES is restored by
the LES, during the distress situation, the vessel’s crew or passengers shall
not use the MES for any communications other than that required by the distress
situation.  When the distress situation
is resolved, the RCC should inform the associated LES, and either the Inmarsat
Customer Services or the NOC to reinstate the barring on the MES.


 


2

















 


LES Operator
Agreement


 


ANNEX A


Maritime and Land Mobile


 


ATTACHMENT 3


 


BARRING AND UNBARRING CODES AUTHORISED


USER TABLE


 


	
  Barring and Unbarring

  Codes

  	
   

  	
  NBA

  (LES Operator)

  	
   

  	
  Inmarsat

  Customer

  Services

  	
   

  	
  Point of Service

  Activation (PSA)

  
	
  DB001

  (AA Rejected Account)

  	
   

  	
  YES

  	
   

  	
  NO

  	
   

  	
  NO

  
	
  DB002

  (Invoices Overdue)

  	
   

  	
  YES

  	
   

  	
  NO

  	
   

  	
  NO

  
	
  DB004

  (Account Unacceptable)

  	
   

  	
  YES

  	
   

  	
  NO

  	
   

  	
  NO

  
	
  DB005

  (ISP re Fraud)

  	
   

  	
  YES

  	
   

  	
  NO

  	
   

  	
  NO

  
	
  DU000

  (Discretionary Unbarring)

  	
   

  	
  YES

  	
   

  	
  YES

  	
   

  	
  NO

  
	
  MB001

  (Temporary Barring at Request of the Owner)

  	
   

  	
  YES

  	
   

  	
  YES

  	
   

  	
  YES

  
	
  MB002

  (MES Lost/Stolen)

  	
   

  	
  YES

  	
   

  	
  YES

  	
   

  	
  YES

  
	
  MB003

  (Mandatory Barring for Serious Cases of Bad Debt)

  	
   

  	
  NO

  	
   

  	
  Automatically
  issued as a result of two PMB03s

  	
   

  	
  NO

  
	
  MB004

  (Fraudulent Abuse)

  	
   

  	
  YES

  	
   

  	
  YES

  	
   

  	
  NO

  
	
  MB005

  (Breach of Inmarsat Terms and Conditions)

  	
   

  	
  NO

  	
   

  	
  YES

  	
   

  	
  NO

  
	
  MB006

  (Proven Insolvency)

  	
   

  	
  YES

  	
   

  	
  NO

  	
   

  	
  NO

  
	
  MU000

  (Mandatory Unbarring)

  	
   

  	
  YES

  (consistent with barring code)

  	
   

  	
  YES

  	
   

  	
  YES

  (consistent with barring code)

  
	
  PMB03

  (Proposed Mandatory Barring)

  	
   

  	
  YES

  	
   

  	
  NO

  	
   

  	
  NO

  
	
  PMU00

  (Proposed Mandatory Unbarring)

  	
   

  	
  YES

  	
   

  	
  YES

  	
   

  	
  NO

  
	
  ER000

  (Withdrawal of Barring/Unbarring Notifications)

  	
   

  	
  YES

  	
   

  	
  YES

  	
   

  	
  YES

  



 

















 


LES Operator
Agreement


 


ANNEX A


Aeronautical


 


REPORTING OF AIRCRAFT EARTH STATIONS


BARRED FROM ACCESS TO THE


INMARSAT-AERO SYSTEM


 


1              PURPOSE


 


To protect the integrity and effectiveness
of the Inmarsat system by, amongst other things, enabling the Inmarsat Customer
Services to maintain a register of Aircraft Earth Stations (AES) that have been
barred from access to the Inmarsat-Aero System (in accordance with the Inmarsat
Aeronautical System Definition Manual (SDM), Module 7 ‘Commissioning Procedures
for an Inmarsat Aircraft Earth Station (AES)’, Attachment 4 ‘Terms and
Conditions for the Utilisation of the Inmarsat Space Segment by Aircraft Earth
Stations’).


 


To enable bad debt and fraud information to
be shared effectively amongst Ground Earth Station (GES) Operators.


 


2              SCOPE


 


This Inmarsat Operating Procedure applies
to Inmarsat Customer Services and all Inmarsat-Aero GESs.  The Procedure shall include the global
barring of an AES as described in the implementation in 4.2 below.  Within this Global barring, where a GES cannot
bar in the manner described in 4.2, all connections from the AES shall be
barred.


 


The AES referred to in this procedure shall
mean the “Classic” AESs; namely Aero H, Aero H+, Aero I, Aero L and
any of their evolving systems.


 


3              RESPONSIBILITIES


 


3.1           GES Signatory


 


Each GES shall
nominate an authority who will be responsible for barring. The GES Operator
shall be responsible for informing Inmarsat Customer Services the name of the
person authorised to bar an AES. This person shall be known as the Nominated
Barring Authority (NBA) and shall be responsible for informing the AES
Owner/Operator and Inmarsat of the ID of any AES that the GES has decided to
bar and the reason why the AES is being barred.  The GES shall also be responsible for advising Inmarsat CAG of
any change to its NBA. Inmarsat Customer Services will only accept barring
communication from and send the same to the NBA.


 

















 


3.2           Inmarsat


 


Inmarsat Customer Services is responsible
for informing GESs when an AES has been barred or unbarred, and for maintaining
a register of barred AESs.


 


3.3           GES Operator


 


Each GES Operator is responsible for
maintaining a local database and documentation of all barring details for their
national regulatory and legal requirement, and organisational administrative needs.


 


When barring is to take place the GES
Operator has to notify the Owner/Operator of the AES (seven) days in advance in
accordance with the text of the proposed letter (see Attachment 1).  The GES Operator shall also inform the Owner
Operator and Inmarsat when the AES is unbarred.


 


4              PROCEDURE


 


4.1           Barring an AES


 


When a GES Operator has decided to bar an
AES from using its GES the NBA shall inform the Inmarsat Customer Services by ,
facsimile, electronic mail or other communication systems that may be
implemented by Inmarsat.  The message
shall contain the following details:


 


(a)           the
AES ID that has been barred,


 


(b)           whether
it has been barred from receiving as well as originating calls,


 


(c)           the
date on which it was barred,


 


(d)           the
reason for barring, using one of the approved codes (Attachment 2)


 


(e)           in
case of reason code AB3 the number of days by which invoice is overdue.


 


4.2           Implementation of Barring


 


A GES can
implement barring in the following manner:


 


(a)           barring
based on priority level for Circuit Mode data services (Voice, Fax and
PC-Data):


(i)            barring
of Q=9 (APC) services from the cabin and cockpit;


(ii)           barring
of Q=10, 12 or 15 calls from the cockpit;


 


2

















 


(b)           Barring
of service type for Packet Mode data services:


(i)            Data-2
services;


(ii)           Data-3
services;


(iii)          all
data services;


(c)           barring
of all Circuit mode, and Packet mode services;


 


(d)           In
addition to the above process, barring may be implemented by other methods if
the GES decides this is preferable.


 


In using the code AB3 two GES Operators
must jointly submit request to bar the AES.


 


Inmarsat CAG will inform the NBAs of all
GES Operators (including the NBA of the originating GES Operator as
acknowledgement of the original message) within one working day, that an AES
has been barred and the details.


 


For Discretionary barrings it is not a requirement
that other GES Operators bar the AES, subsequently information of Discretionary
barring will not be circulated by Inmarsat.


 


For each barring received Inmarsat Customer
Services reserves the right to discuss and clarify the case with the
originating GES Operator before informing other GES Operators.  This may delay its action depending on the
speed of response from the GES Operator.


 


4.3           Unbarring an AES


 


When a GES Operator decides to unbar an AES
its NBA shall inform Inmarsat Customer Services by facsimile, electronic mail
or other communication systems that may be implemented by Inmarsat. The message
shall include:


 


(a)           the
AES ID,


(b)           the
GES name,


(c)           the
date on which the AES was barred,


(d)           the
reason for which the AES was barred,


(e)           the
date on which the AES was unbarred.


 


Inmarsat Customer Services shall inform all
other GES Operators via their NBAs that the AES has been unbarred and all the
relevant AES details.


 


Each GES Operator is responsible for
informing the AES Owner/Operator that the AES has been unbarred from their GES.


 


3

















 


LES Operator
Agreement


 


ANNEX A


Aeronautical


 


ATTACHMENT 1


 


FORM OF NOTIFICATION OF BARRING BY GES OPERATOR TO


AES OWNER/OPERATOR


 


As from
       (date)       
your satcom service will be terminated to (Cockpit/Cabin/Packet Mode Data/All
Services)*.  Please be advised that any
regulatory requirements which might be imposed by the Country of Registry and
the State concerning the use of the AES in their airspace may not be met.  When undertaking the flight the
afore-mentioned should therefore be taken into account.


 












*delete where applicable


 

















 


LES Operator
Agreement


 


ANNEX A


Aeronautical


 


ATTACHMENT 2


 


BARRING CODES


 


When a GES informs Inmarsat Customer Activation Group
of a barring it will use one of these codified reason codes:


 


AB1        Request by aircraft owner or fleet operator to bar an AES for at least
10 days as the aircraft is to be grounded


 


AB2        AES lost or stolen


 


AB3        Bills not settled [GES to supply the number of days overdue]
- requests required from two NBA’s


 


AB4        Fraudulent use


 


AB5        Breach of Inmarsat Terms and Conditions


 

















 


LES Operator
Agreement


 


ANNEX B


 


INMARSAT
LES TECHNICAL CRITERIA


AND OPERATING PROCEDURES


 


(Applicable as at
December 2003).


 


(Clauses 1.1 and 8 of this Agreement refer)


 


The Technical Criteria and
Operating Procedures listed in this Annex are incorporated into this Agreement
by reference.


 


Technical criteria for
Inmarsat Land Earth Stations are contained in the following documents and
subsequent Change Notes, as appropriate. 
Recommended Test Procedures are associated with the appropriate
documents for the purposes of LES authorisation for access to the Inmarsat
space segment.  Operating procedures are
listed in the Attachment to this Annex.


 


	
  Document Title

  	
   

  	
  Issue/

  	
   

  	
  Date

  	
   

  	
  Subsequent

  Change

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Notes

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Technical
  Requirements for Inmarsat Standard-A Coast Earth Stations

  	
   

  	
  6

  	
   

  	
  3/98

  	
   

  	
  —

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat
  Aeronautical System Definition Manual

  	
   

  	
  1.46.06

  CD003

  	
   

  	
  02/01

  	
   

  	
  —

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat-M/B
  System Definition Manual

  	
   

  	
  3.0

  CN018

  	
   

  	
  09/00

  	
   

  	
  —

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat mini-M System Definition Manual [Includes:
  GAN(M4),Fleet(F), Swift64 (Aero M4)]

  	
   

  	
  1.2

  CD006

  	
   

  	
  03/02

  	
   

  	
  (CP 67bis)

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat-C
  System Definition Manual

  	
   

  	
  3.0

  CD003

  	
   

  	
  03/02

  	
   

  	
  —

  	
   

  



 

















 


	
  Document Title

  	
   

  	
  Issue/

  	
   

  	
  Date

  	
   

  	
  Subsequent

  Change

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Notes

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat-D
  System Definition Manual, Module 3 (including D+)

  	
   

  	
  1.0

  Issue 6

  	
   

  	
  07/98

  	
   

  	
  —

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat-E
  System Definition Manual, Module 2A, Part 1

  	
   

  	
  2

  	
   

  	
  8/97

  	
   

  	
  —

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat-M/B
  and mini-M Mobility Management System Definition Manual (Mobman)

  	
   

  	
  1.2

  CN001

  	
   

  	
  03/00

  	
   

  	
  —

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Mobile
  Packet Data System [MPDS (IPDS)]

  	
   

  	
  2.10

  CD007

  	
   

  	
  01/01

  	
   

  	
  (CP007)

  	
   

  



 


2

















 


ANNEX
B


ATTACHMENT


 


	
  PROCEDURE

  	
   

  	
  TITLE

  	
   

  	
  ISSUE

  NO

  	
   

  	
  ISSUE

  DATE

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-ID-002

  	
   

  	
  Inmarsat LES Identification Codes

  	
   

  	
  5

  	
   

  	
  1-Aug-96

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-003

  	
   

  	
  Land Earth Station Pointing Data

  	
   

  	
  5

  	
   

  	
  June 2001

  	
   

  
	
  *-OP-013

  	
   

  	
  Configuration Maintenance (applies to all Inmarsat
  LESs except for Inmarsat A)

  	
   

  	
  3

  	
   

  	
  01-Jan-95

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-014

  	
   

  	
  Two Digit Prefix Codes for Inmarsat Services

  	
   

  	
  6

  	
   

  	
  July 2002

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-015

  	
   

  	
  Spot Beam Coverage Definition

  	
   

  	
  4

  	
   

  	
  Nov 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-102

  	
   

  	
  Reporting on Outages

  	
   

  	
  15

  	
   

  	
  Nov 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-105

  	
   

  	
  Procedure for Barring and Unbarring Maritime and
  Land Mobile Earth Stations in the Inmarsat System

  	
   

  	
  5

  	
   

  	
  July 2002

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-106

  	
   

  	
  Procedure for accessing the Maritime Rescue
  Co-ordination Centres (MRCC) Database

  	
   

  	
  1

  	
   

  	
  Nov 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-107

  	
   

  	
  Procedure to be applied by Inmarsat Customer
  Services for Accounting Authority to access their data in ESAS to prevent bad
  debt

  	
   

  	
  1

  	
   

  	
  May 2003

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-310

  	
   

  	
  Inmarsat Land Earth Station R F Verification

  	
   

  	
  3

  	
   

  	
  01-Feb-98

  	
   

  
	
  Attach 1

  	
   

  	
  RF Requirements for the Inmarsat Network

  	
   

  	
  01/98

  	
   

  	
  1/2/98

  	
   

  
	
  Attach 2

  	
   

  	
  Boresight Test Procedures

  	
   

  	
  01/98

  	
   

  	
  1/2/98

  	
   

  
	
  Attach 3

  	
   

  	
  LES Measurements Using the Inmarsat CSMS

  	
   

  	
  2

  	
   

  	
  1/8/95

  	
   

  
	
  Attach 4

  	
   

  	
  Measurement of the Ratio G/T with the Aid of Radio
  Stars

  	
   

  	
  2

  	
   

  	
  1/8/95

  	
   

  
	
  Attach 5

  	
   

  	
  Radiation Diagrams for use as Design Objectives for
  Antennas of Earth Stations Operation with Geostationary Satellites

  	
   

  	
  2

  	
   

  	
  1/8/95

  	
   

  
	
  Attach 6

  	
   

  	
  The Bell System – Technical Journal

  	
   

  	
  2

  	
   

  	
  1/8/95

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-311

  	
   

  	
  LES Alignment at C-Band Downlink

  	
   

  	
  1

  	
   

  	
  17-Dec-98

  	
   

  



 


3

















 


	
  PROCEDURE

  	
   

  	
  TITLE

  	
   

  	
  ISSUE

  NO

  	
   

  	
  ISSUE

  DATE

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-501/E

  	
   

  	
  Emergency Partial Change-Over of Services in the AOR
  East from INM3-F2 to INM3-F5

  	
   

  	
  10

  	
   

  	
  Aug 2003

  	
   

  
	
  Attach 1

  	
   

  	
  AOR East Inm-R System and Spot Beam Table
  Information

  	
   

  	
  04/03

  	
   

  	
  Aug 2003

  	
   

  
	
  Attach 2

  	
   

  	
  LES Translation Table

  	
   

  	
  01/03

  	
   

  	
  Aug 2003

  	
   

  
	
  Attach 3

  	
   

  	
  Administration of the SafetyNet Re-routeing Hub

  	
   

  	
  03/03

  	
   

  	
  Aug 2003

  	
   

  
	
  Attach 4

  	
   

  	
  Signalling Frequencies

  	
   

  	
  01/03

  	
   

  	
  Aug 2003

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-501/I

  	
   

  	
  Emergency Change-Over of Services in the IOR from
  INM3-F1 to INM2-F3

  	
   

  	
  12

  	
   

  	
  Nov 2001

  	
   

  
	
  Attach 1

  	
   

  	
  IOR Inm-R System Table Information

  	
   

  	
  05/01

  	
   

  	
  Nov 2001

  	
   

  
	
  Attach 2

  	
   

  	
  Table of Estimated LES Antenna Repointing Times

  	
   

  	
  01/01

  	
   

  	
  Sept 2001

  	
   

  
	
  Attach 3

  	
   

  	
  Information for Satelindo (Palapa C)

  	
   

  	
  01/01

  	
   

  	
  Sept 2001

  	
   

  
	
  Attach 4

  	
   

  	
  LES Translation Table

  	
   

  	
  01/01

  	
   

  	
  Sept 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-501/P

  	
   

  	
  Emergency Change-Over of Services in the POR from
  INM3-F3 to INM2-F3 and INM2-F4

  	
   

  	
  12

  	
   

  	
  Sept 2003

  	
   

  
	
  Attach 1

  	
   

  	
  POR Inm-R System Table Information

  	
   

  	
  05/03

  	
   

  	
  April 2003

  	
   

  
	
  Attach 2

  	
   

  	
  Table of Estimated LES Antenna Repointing Times

  	
   

  	
  01/03

  	
   

  	
  April 2003

  	
   

  
	
  Attach 3

  	
   

  	
  Administration of the SafetyNET Re-routeing Hub

  	
   

  	
  01/03

  	
   

  	
  April 2003

  	
   

  
	
  Attach 4

  	
   

  	
  Signalling Frequencies

  	
   

  	
  01/03

  	
   

  	
  Sept 2003

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-501/W

  	
   

  	
  Emergency Change-Over of Services in AOR West from
  INM3-F4 to INM2-F2

  	
   

  	
  11

  	
   

  	
  Sept 2003

  	
   

  
	
  Attach 1

  	
   

  	
  AOR West Inm-R System Table Information

  	
   

  	
  02/03

  	
   

  	
  Sept 2003

  	
   

  
	
  Attach 2

  	
   

  	
  Administration of the SafetyNet Hub

  	
   

  	
  03/03

  	
   

  	
  June 2003

  	
   

  
	
  Attach 3

  	
   

  	
  Signalling Frequencies

  	
   

  	
  01/03

  	
   

  	
  Sept 2003

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-502

  	
   

  	
  AFC Reference Station Changeover for Shared AFC
  Operation

  	
   

  	
  7

  	
   

  	
  Sept 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-504

  	
   

  	
  Radio Frequency Interference Detection and
  Elimination Procedures

  	
   

  	
  3

  	
   

  	
  01-Sep-98

  	
   

  
	
  Attach 1

  	
   

  	
  Interference Report Form

  	
   

  	
  2

  	
   

  	
  1/11/95

  	
   

  
	
  Attach 2

  	
   

  	
  Spectral Plots of Main Carriers

  	
   

  	
  2

  	
   

  	
  1/11/95

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-ID-001

  	
   

  	
  List of Inm-A LESs and the Test MES International
  Mobile Numbers (IMN)

  	
   

  	
  8

  	
   

  	
  July 2002

  	
   

  



 


4

















 


	
  PROCEDURE

  	
   

  	
  TITLE

  	
   

  	
  ISSUE

  NO

  	
   

  	
  ISSUE

  DATE

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-OP-001

  	
   

  	
  Inmarsat-A Mobile Earth Station Commissioning

  	
   

  	
  7

  	
   

  	
  01-Feb-96

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-OP-002

  	
   

  	
  Maintenance of List of Ship Earth Stations Operating
  in the Inmarsat-A System

  	
   

  	
  4

  	
   

  	
  Feb 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-OP-006

  	
   

  	
  Transmission of All Users Announcements in the Inm-A
  System

  	
   

  	
  7

  	
   

  	
  July 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-OP-104

  	
   

  	
  Processing Ship-To-Shore Distress Requests &
  Handling The Follow-Up Distress Calls

  	
   

  	
  5

  	
   

  	
  01-Dec-94

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-OP-106

  	
   

  	
  Operating Procedures for the Inmarsat-A Terminal
  Fingerprinting System

  	
   

  	
  4

  	
   

  	
  June 2002

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-OP-301

  	
   

  	
  Inmarsat A Land Earth Station Verification Test
  Procedures

  	
   

  	
  4

  	
   

  	
  01-Jan-95

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-OP-302

  	
   

  	
  Inmarsat-A Land Earth Station Line Up Procedures and
  Access Control Checks

  	
   

  	
  3

  	
   

  	
  01-Nov-94

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-OP-304

  	
   

  	
  DELETED AS OBSOLETE

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A-OP-503

  	
   

  	
  DELETED AS OBSOLETE

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-ID-003

  	
   

  	
  List of the Inmarsat-C LESs & the Test MES
  International Mobile Numbers (IMN)

  	
   

  	
  6

  	
   

  	
  June 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-ID-004

  	
   

  	
  DELETED AS OBSOLETE

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-005

  	
   

  	
  Maintenance of the Inmarsat-C Assignable Frequency
  Lists

  	
   

  	
  2

  	
   

  	
  April 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-007

  	
   

  	
  Transmission of Service Announcements in the Inm-C
  System Using Enhanced Group Calls (EGC)

  	
   

  	
  5

  	
   

  	
  July 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-009

  	
   

  	
  DELETED AS OBSOLETE

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-010

  	
   

  	
  Management of EGC Closed Network IDs and Data
  Network IDs in the Inmarsat Network

  	
   

  	
  4

  	
   

  	
  May 2002

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-011

  	
   

  	
  LES Bulletin Board and NCS LES Descriptor
  Maintenance

  	
   

  	
  3

  	
   

  	
  Sept 2000

  	
   

  



 


5

















 


	
  PROCEDURE

  	
   

  	
  TITLE

  	
   

  	
  ISSUE

  NO

  	
   

  	
  ISSUE

  DATE

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-104

  	
   

  	
  Processing of Ship-to-Shore Distress Alerts and
  Handling the Follow-Up Distress Communications

  	
   

  	
  1

  	
   

  	
  08-Sep-95

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-305

  	
   

  	
  Inmarsat-C Land Earth Station Verification Test
  Procedures

  	
   

  	
  7

  	
   

  	
  May 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-306

  	
   

  	
  Inmarsat-C Land Earth Station Line Up Procedures and
  Operation Checks

  	
   

  	
  4

  	
   

  	
  June 2001

  	
   

  
	
  Attach 1

  	
   

  	
  Example of a New LES Definition

  	
   

  	
  02/01

  	
   

  	
  June 2001

  	
   

  
	
  Attach 2

  	
   

  	
  LAPB Parameters

  	
   

  	
  02/01

  	
   

  	
  June 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-505

  	
   

  	
  Inm-C NCS Contingency Procedures

  	
   

  	
  4

  	
   

  	
  01-Mar-96

  	
   

  
	
  Attach 1

  	
   

  	
  LES Information

  	
   

  	
  01/96

  	
   

  	
  01-Jan-96

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  C-OP-506

  	
   

  	
  Protection of Inmarsat-C Operations in the Event of
  Channel Interference

  	
   

  	
  4

  	
   

  	
  1/10/2000

  	
   

  
	
  Attach 1

  	
   

  	
  Pool of Spare Frequency Slots for Inmarsat C Network

  	
   

  	
  10/00

  	
   

  	
  1/10/2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  D-OP-005

  	
   

  	
  Maintenance of the Inmarsat-D Assignable Frequency
  Lists

  	
   

  	
  1

  	
   

  	
  01-Jan-96

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  D-OP-011

  	
   

  	
  Inmarsat-D Bulletin Board Maintenance Procedure

  	
   

  	
  1

  	
   

  	
  01-Nov-98

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  D-OP-301

  	
   

  	
  Inmarsat-D LES Verification Test Procedures

  	
   

  	
  2

  	
   

  	
  01-Sep-97

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  D-OP-302

  	
   

  	
  Inmarsat-D LES Line-Up Procedures and Operations
  Checks

  	
   

  	
  2

  	
   

  	
  01-Nov-97

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  D-OP-505

  	
   

  	
  Inmarsat-D LES Transmitting Bulletin Board
  Contingency Procedures

  	
   

  	
  1

  	
   

  	
  01-Dec-95

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  D-OP-506

  	
   

  	
  Degradation or Blockage of Inmarsat-D Operation

  	
   

  	
  1

  	
   

  	
  01-Dec-95

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  E-OP-104

  	
   

  	
  Processing of EPIRB Alerts in the Inmarsat-E System

  	
   

  	
  5

  	
   

  	
  June 2002

  	
   

  



 


6

















 


	
  PROCEDURE

  	
   

  	
  TITLE

  	
   

  	
  ISSUE

  NO

  	
   

  	
  ISSUE

  DATE

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  F-OP-104

  	
   

  	
  Processing of Inmarsat Fleet F77 Distress, Urgency
  and Safety Priority Access Requests and the Handling of such calls

  	
   

  	
  1

  	
   

  	
  April 2003

  	
   

  
	
  Attach 1

  	
   

  	
  List of Rescue Co-ordination Centres associated with
  Land Earth Stations operating within the Global Maritime Distress and Safety
  System

  	
   

  	
  01/03

  	
   

  	
  April 2003

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  M/B-ID-007

  	
   

  	
  List of Inmarsat-M/B LESs and the Test MES International
  Mobile Numbers(IMN)

  	
   

  	
  4

  	
   

  	
  Oct 2002

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  B-OP-104

  	
   

  	
  Processing of Inmarsat B Ship-to-Shore Distress
  priority access request and handling the follow-up distress calls

  	
   

  	
  1

  	
   

  	
  April 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  M/B-OP-301

  	
   

  	
  LES Phase 3 Verification Test Procedures

  	
   

  	
  5

  	
   

  	
  July 2003

  	
   

  
	
  Attach 1

  	
   

  	
  C-Band Signalling

  	
   

  	
  3

  	
   

  	
  July 2003

  	
   

  
	
  Attach 2

  	
   

  	
  NCS/LES Interworking Test Procedure

  	
   

  	
  1

  	
   

  	
  July 2003

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  M/B-OP-302

  	
   

  	
  LES Line-Up and Interworking Tests Prior to Entering
  Commercial Service

  	
   

  	
  4

  	
   

  	
  Sept 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  M/B-OP-303

  	
   

  	
  Provision of operational procedures for operation of
  the Inmarsat M/B NCS

  	
   

  	
  1

  	
   

  	
  Feb 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  M/B-OP-311

  	
   

  	
  Periodical Testing of LES Stand-Alone Operation

  	
   

  	
  1

  	
   

  	
  01-Oct-95

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  M/B-OP-508

  	
   

  	
  DELETED AS OBSOLETE

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  mM-ID-007

  	
   

  	
  List of Inmarsat Mini-M LESs and the Test MES
  International Mobile Numbers (IMN)

  	
   

  	
  2

  	
   

  	
  Oct 2002

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  mM-OP-301

  	
   

  	
  LES On-Air Verification Test Procedures

  	
   

  	
  3

  	
   

  	
  July 2003

  	
   

  
	
  Attach 1

  	
   

  	
  GAN (M4) LES Phase 3 Verification Test Procedures

  	
   

  	
  3

  	
   

  	
  July 2003

  	
   

  
	
  Attach 2

  	
   

  	
  Fleet F77 LES Phase 3 Verification Test Procedures

  	
   

  	
  3

  	
   

  	
  July 2003

  	
   

  
	
  Attach 3

  	
   

  	
  Swift 64 LES Phase 3 Verification Test Procedures

  	
   

  	
  3

  	
   

  	
  July 2003

  	
   

  
	
  Attach 4

  	
   

  	
  Fleet F55/F33 LES Phase 3 Verification Test Procedures

  	
   

  	
  1

  	
   

  	
  July 2003

  	
   

  



 


7

















 


	
  PROCEDURE

  	
   

  	
  TITLE

  	
   

  	
  ISSUE

  NO

  	
   

  	
  ISSUE

  DATE

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  mM-OP-302

  	
   

  	
  LES Line-Up and Interworking Tests Prior to Entering
  Commercial Service

  	
   

  	
  2

  	
   

  	
  Sept 2000

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  MOB-OP-001

  	
   

  	
  Network Information for the Local Global Location
  Registers GLR-LS

  	
   

  	
  2

  	
   

  	
  April 2002

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  MOB-OP-301

  	
   

  	
  GLR-L On Air Verification Test Procedures

  	
   

  	
  1

  	
   

  	
  01-Jan-99

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  MPDS HLES

  	
   

  	
  MPDS Home Land Earth Station Verification Test
  Procedure

  	
   

  	
  2

  	
   

  	
  Oct 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  MPDS/RLES-OP-301

  	
   

  	
  MPDS Regional Land Earth Station Verification Test
  Procedure

  	
   

  	
  2

  	
   

  	
  Oct 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  MPDS/SBS-OP-303

  	
   

  	
  Provision of Operational Procedures for Operation of
  the Inmarsat MPDS SBS

  	
   

  	
  1

  	
   

  	
  June 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  MPDS/SBS-OP-506

  	
   

  	
  Protection of Inmarsat MPDS operations in the event
  of Channel Interference

  	
   

  	
  1

  	
   

  	
  Jan 2002

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  MPDS/SBS-OP-501

  	
   

  	
  SBS Backup Site Switchover Procedure

  	
   

  	
  1

  	
   

  	
  July 2002

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  R-ID-005

  	
   

  	
  List of Inm-Aero GES & the Test AES Inmarsat
  Mobile Numbers (IMN)

  	
   

  	
  4

  	
   

  	
  March 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  R-OP-001

  	
   

  	
  Abbreviated Numbering for Air Traffic Services
  Routing in the Aeronautical System

  	
   

  	
  1

  	
   

  	
  01-Oct-94

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  R-OP-012

  	
   

  	
  Maintenance of the Aeronautical System Table

  	
   

  	
  4

  	
   

  	
  01-Jul-94

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  R-OP-101

  	
   

  	
  Management of Aeronautical Distress Calls

  	
   

  	
  2

  	
   

  	
  01-Nov-94

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  R-OP-102

  	
   

  	
  Reporting of Aircraft Earth Stations Barred from
  Access to the Inmarsat-Aero System

  	
   

  	
  3

  	
   

  	
  01-Dec-96

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  R-OP-308

  	
   

  	
  Test Requirements, Inter GES Interworking

  	
   

  	
  2

  	
   

  	
  01-Nov-94

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  R-OP-309

  	
   

  	
  Inm-Aero Ground Earth Station Line Up Procedures
  & Operation Checks

  	
   

  	
  4

  	
   

  	
  01-Aug-94

  	
   

  



 


8

















 


	
  PROCEDURE

  	
   

  	
  TITLE

  	
   

  	
  ISSUE

  NO

  	
   

  	
  ISSUE

  DATE

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  R-OP-507

  	
   

  	
  Degradation or Blockage of Inm-Aero Operation by
  Interfering Signals

  	
   

  	
  2

  	
   

  	
  01-Jul-94

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-101

  	
   

  	
  Inmarsat Network Supervision and Reporting to the
  Inmarsat NOC

  	
   

  	
  9

  	
   

  	
  June 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-003

  	
   

  	
  Land Earth Station Pointing Data

  	
   

  	
  5

  	
   

  	
  June 2001

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-004

  	
   

  	
  DELETED AS OBSOLETE

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  *-OP-005

  	
   

  	
  Maintenance of the Inmarsat Assignable Frequency
  Lists

  	
   

  	
  5

  	
   

  	
  01-Feb-91

  	
   

  



 


9

















 


LES Operator
Agreement


 


ANNEX C


 


ALLOCATION OF LES IDENTITIES


 


(Clause 2.4(b)
of this Agreement refers)


 


POLICY AND PROCEDURES FOR ALLOCATION


OF LES IDs and SHARED LES IDs


 


1              Allocation of
Physical LES IDs


 


1.1           All
physical LESs must be allocated LES IDs in order to operate within the network.


 


1.2           Subject
to 1.4.2 of this Annex and other relevant provisions of this Agreement, the
LESO shall be entitled to retain any LES ID (or, as the case may be, shared LES
ID) given to the LESO by the Organization and maintained by the LESO as of the
Commencement Date.   Any conditions
associated with the assignments of LES IDs retained by the LESO as of the
Commencement Date shall not be deemed to set any precedent, except as otherwise
required by this Annex.


 


1.3           If
system changes are deemed necessary by the Company to increase available LES ID
capacity (as agreed in accordance with Clause 20), it shall be a prerequisite
to undertaking such changes to ensure that existing LESOs do not incur LES
upgrade costs.


 


1.4           Assignment of LES IDs


 


1.4.1        For those
systems where unused LES ID capacity is available, and whilst there is a
regular demand for LES IDs (physical and shared), the Company may, but is not
obligated to, retain at least 10 unassigned IDs in order to accommodate future
new physical LES requirements.  If the
demand for physical LESs slackens appreciably, the Company may at its
discretion reduce the number of unassigned IDs to less than 10.


 


1.4.2        Any LES
IDs (including shared LES IDs) not being used by a LESO for a period exceeding
6 months, as evidenced by a failure to start passing billable traffic, shall be
returned to the Company upon provision of written notice by the Company.


 

















 


2.             Allocation of Shared
LES IDs


 


2.1           Tenant
entities in shared LES arrangements will be assigned LES IDs by the Company, in
order to globalise their services, provided that, at the time of any requested
assignment:


 


(a)           the
tenant entity must already have a physical LES of the same system definition
operating within the Company network; or


(b)           the
tenant entity must be operating a physical LES and have operated a physical LES
of the same system definition as the hosted service operating within the
Company network at or for a period since the Effective Date (notwithstanding
that the LES Operator has subsequently ceased to operate such Service); or


(c)           the tenant entity
has demonstrated that a contract has been signed
for implementation of a physical LES of the same system definition to operate
within the Company network, provided that in such event the tenant entity must
construct and begin to pass billable traffic through such physical LES no later
than the date that is six (6) months following the date on which the shared LES
ID is allocated, failing which the tenant entity shall return the shared LES ID
to the Company.   Notwithstanding the
foregoing, tenant entities in shared LES arrangements to provide Inmarsat D and
D+  services shall not be required to
have had a physical LES of the same system definition in order to receive a
shared LES ID to provide such services.


 


It is acknowledged that where any LESO wishes
to close down all its LESs and terminate this Agreement, it may thereafter
continue to provide Services as a service provider through another LESO and
shall have the right, during the Extended Term, to continue use of its existing
allocated LES Id in relation to such Services as were formerly provided by it
as a LESO.  The right to continue use of
the allocated LES ID shall remain subject to the provisions of this Annex C of
this Agreement, notwithstanding termination of this
Agreement and the Company shall enter into an agreement with the former LESO
and the host entity in this regard. 
Subject to the provisions of this Clause, any reference in Annex C to
“the LESO” shall be deemed to include any former LESO.  LES IDs will not be permitted to be used in
respect of Services that the former LESO did not offer as a LESO.


 


2.2           If a
physical LES is jointly owned and/or operated by a group of LESOs, any shared
LES IDs shall be similarly assigned to that group unless otherwise agreed by
the group.  Individual members of the
group shall not therefore be entitled to be assigned their own individual
shared LES IDs.


 


2.3           In the
event of shortage of capacity for shared LES IDs, other means of identifying
tenant entities (e.g. use of TNIDs) are preferred, rather than making changes
in the system design in order to increase available ID


 


2

















 


capacity.  TNIDs may be assigned by the LESO at its
discretion, subject to prior notification to the Company for overall system
coordination purposes.


 


2.4           As a
precondition to the allocation of shared LES IDs, the host LESO shall have
confirmed that the prospective tenant is duly licensed or permitted to provide
Services under the applicable laws and regulations in the country or origin of
the tenant and in which the tenant plans to operate or provide Services.


 


2.5           Technical and
Operational Requirements


 


2.5.1        All
relevant Technical Criteria and Operational Procedures shall apply to shared
LESs as for p hysical LESs.


 


2.5.2        In the
event of NCS failure, shared LESs may be permitted to operate if such operation
is in accordance with the technical requirements of the affected system.  The host LES may be permitted to operate
subject to Company authorisation in accordance with prevailing requirements.


 


2.5.3        The host
LESO shall multiplex shared LES IDs as well as the host LES ID on the minimum
required number of LES TDM signalling channels.  If the host LESO can demonstrate a need for additional signalling
channels in order to accommodate traffic throughput, an additional LES TDM
frequency will be assigned at the discretion of the Company, provided that
assignments of separate LES TDM frequencies that are in place as of the
Commencement Date may be retained by the LESO.


 


2.5.4        The
Company shall not be obliged to assign shared LES IDs for any service once the
supply of unassigned LES IDs for that service reduces to 10 or fewer.


 


3

















 


LES Operator
Agreement


 


ANNEX D


 


MANDATORY PROCEDURAL REQUIREMENTS


FOR INMARSAT SERVICE PROVIDERS


 


(Clause 2.4(a) of this Agreement refers)


 


1              ACTIVATION OF ISP IN THE
SYSTEM


 


(a)           The
Company shall allocate the ISP Code only upon receipt of written confirmation
from the LESO.  The formal notification
should be signed by the authorised LESO-ISP contact and should include the
following information:


 


•      name of company


•      address and contact numbers (telephone, fax, email, etc)


•      name of contact person


•      number of years established as a company at the address provided


 


(b)           The
LESO shall notify the Company within one (1) day of the establishment of a
contractual relationship with an ISP, regardless of whether such ISP already
has an ISP code.  At the time that the
contract (ISP/LESO Contract) has been notified to the Company, the LESO shall
also provide the Company with written confirmation of compliance with the
requirements stated in section 2 below.


 


2              MANDATORY PROCEDURAL
REQUIREMENTS


 


The LESO shall
include the following Mandatory Procedural Requirements for Inmarsat Service
Providers (ISP) as part of the ISP/LESO Contract.


 


(a)           ISPs
must include the Terms and Conditions for Utilization of Space Segment by
Mobile Earth Stations (MESs) in all their agreements with MES Owners and
Operators, as amended from time to time.


 


(b)           ISPs
must not accept application from MES Owners and/or Operators who intend to use
the MES for Maritime distress and safety purposes with the exception of MESs
that are designed to be used for Maritime distress and safety when registered
with an ISP.;


 

















 


(c)           ISPs
shall not accept applications for additional Inmarsat Mobile Numbers (IMNs) for
any MES or SIM card which has been activated by another ISP;


 


(d)           The
Company reserves all rights to withdraw ISP codes to prevent breach of the
Mandatory Procedural Requirements, fraud, or for use of the system in a manner
inconsistent with the LES Technical Criteria and Operating Procedures or other
requirements of this Agreement.


 


(e)           ISPs
must comply fully with such ISP operational procedures as are defined and
modified by the Company from time to time.


 


(f)            ISPs
must co-operate fully in the implementation of the Company’s procedures for
preventing and resolving fraud, and provide directly to the LESO any
information relating to stolen terminals or suspected technological fraud.


 


(g)           ISPs
must authorise the release to the Company and other LESOs of information
relating to any termination of a contract between the LESO and the ISP.


 


(h)           ISPs
must send all requests for barring MESs from accessing the space segment to the
contracted LESO.   The Company shall not
be involved in the barring of the MES unless otherwise requested by the LESO.


 


3              NOTIFICATION ON TERMINATION
OF CONTRACT


 


The LESO shall
immediately notify the Company when an ISP/LESO Contract has been terminated.


 


4              NOTIFICATION OF AGREEMENT
WITH EXISTING ISPs


 


(a)           The
LESO shall notify the Company whenever an agreement has been signed with
existing ISPs.  Such notification shall
include the confirmation of compliance with the requirements in section 2
above, and shall also include the following information:


 


•      name of company


•      address and contact numbers (telephone, fax, email, etc)


•      name of contact person


•      number of years established as a company at the address provided


 


2

















 


(b)           The
Company shall confirm to the LESO the ISP Code that has been allocated to the
ISP.


 


(c)           If the
ISP details in (a) above change or alter, the LESO shall immediately inform the
Company of such changes or alterations. However, if changes and alterations are
reported to the Company from a third party, the Company shall communicate the
information received to the LESO for confirmation. If within (5) working days
the LESO has not responded, the changes and alterations shall be considered as
confirmed.


 


3

















 


LESO Agreement


 


ANNEX G


 


CHARGES AND VOLUME
DISCOUNT SCHEMES


 


Applicable from 1 April 2004 to 31
December 2006


 

















 


INDEX


 


	
  Service

  	
   

  
	
  Inmarsat
  - A

  	
   

  
	
  Inmarsat – C and mini-C

  	
   

  
	
  Inmarsat - Aeronautical

  	
   

  
	
  Inmarsat
  - B

  	
   

  
	
  Inmarsat
  - M

  	
   

  
	
  mini-M

  	
   

  
	
  GAN (Global Area
  Network)

  	
   

  
	
  Inmarsat Fleet (F77, F55 and F33)

  	
   

  
	
  Voice
  and Data Discount Scheme

  	
   

  
	
  Data Discount Scheme:

  	
   

  
	
  1
  April 2004 to 31 December 2004 Maritime High Speed Data

  (Inmarsat B DHSD, Fleet ISDN and MPDS)

  	
   

  
	
  1
  January 2005 to 31 December 2006 Maritime High Speed Data

  (Inmarsat B DHSD, Fleet ISDN and MPDS)

  	
   

  
	
  1
  April 2004 to 31 December 2004 Enterprise Solutions Data

  (Inmarsat B DHSD, GAN ISDN and MPDS)

  	
   

  
	
  1
  January 2005 to 31 December 2006 Enterprise Solutions Data

  (Inmarsat B DHSD, GAN ISDN and MPDS)

  	
   

  
	
  Voice
  Discount Scheme:

  	
   

  
	
  1
  April 2003 to 31 March 2004 Inmarsat Voice–

  (mini-M Voice/Fax/Data, GAN Voice/Fax/Data, LAMM, Fleet Voice)

  	
   

  
	
  1
  January 2005 to 31 December 2006 Inmarsat Voice

  (mini-M Voice/Fax/Data, GAN Voice/Fax/Data, LAMM, Fleet Voice)

  	
   

  
	
  Inmarsat
  - D

  	
   

  
	
  Other Standard
  Services and Charges

  	
   

  
	
  Maritime Distress
  and Safety Services

  	
   

  
	
  Full Period Services and Fixed
  Charges/Leases

  	
   

  



 


This Annex contains references to the original decisions
made by the Inmarsat Council and the specific Session at which it was
made.  These Decision References are
included to provide clarification on the details of each service in the event
of any concern or dispute as to the precise nature of any service.


 


Inmarsat Proprietary and Confidential


 


2

















 


DEMAND ASSIGNED SERVICES


 


	
  A1

  	
   

  	
  Inmarsat-A

  	
   

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilization

  Charge (RUC)

  	
   

  	
  Decision
  Reference

  	
   

  
	
  A1.1

  	
   

  	
  Telephone & Multi-Channel Large
  Antenna (+ 3.7 dB/K) Telephone

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/37, 20.1.5

  SR/41, 21.1.2

  SR/47, 19.2

  SR/28, 15.4.2

  SR/30, 15.3.3

  SR/47,
  19.2

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Reduced Rate Mobile to Land direction only



  The RUC for Mobile originated telephone calls during
  the following periods of low traffic demand (reduced rate periods):

  

  AOR-East            01:30
  - 05:30 GMT (UTC)

  AOR-West           23:30
  - 03:30 GMT (UTC)

  IOR                      22:00
  – 02:00 GMT (UTC)

  POR                     13:00
  - 17:00 GMT (UTC)

  	
   

  	
  US$**** per minute

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A1.2

  	
   

  	
  Telex/Telex LA

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/37, 20.1.5

   SR/41,
  21.1.2

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A1.3

  	
   

  	
  Telegram

  

  The RUC for the telegram service will be
  on a per minute basis and equivalent to the telex service.

  	
   

  	
  US$**** per minute. Will be reported and invoiced as
  part of Telex (A1.2 above)

  	
   

  	
  SR/6, 12.21

  	
   

  



 


3

















 


	
  A1.4

  	
   

  	
  Mobile to Mobile direction

  

  The RUC for Mobile-to-Mobile direction communications has been established at
  twice the normal RUC.

  	
   

  	
  Measured and invoiced as two separate parts with one
  part included in the Mobile to Land direction volume and the remaining part
  included in the Land to Mobile volume in A1.1 above.

  	
   

  	
  SR/8, 12.21

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A1.5

  	
   

  	
  56 kbit/s or 64 kbit/s one way
  Mobile to Land direction High Speed Data service

  

  This service is offered on a demand assigned basis for all periods except
  reduced rate periods. The technical specifications are set out in the
  Inmarsat A Technical Requirements Documents, which are included in Annex B of
  the LESO Agreement.

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/36, 18.6.3

  & CO/36/19

  SR/37, 20.1.5(a)

  SR/47, 19.2

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A1.6

  	
   

  	
  56/64 kbit/s Duplex High Speed Data

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/38, 23.1.2

  38/14, Annex VII

  SR/46 18.3.2(a)

  SR/47, 19.2

  	
   

  



 


4

















 


The technical characteristics are set out
below:


 


I               MES
CHARACTERISTICS


 


As set out in the Inmarsat A Technical
Requirements Documents which are included in Annex B of the LESO Agreement.


 


II             LES
CHARACTERISTICS


 


The DHSD service will employ duplex
channels, operating at an information rate of 64 kbit/s in each direction.  An uncompanded telephone channel (signal)
may be invoked at any time during a DHSD call, for call set-up and in-band signalling
purposes.  (The LES will automatically
adopt the appropriate mode dependent on the signal (analogue or digital)
received from the MES.)


 


The LES shall be capable of fast automatic
tuning to the channel pair assigned by the NCS.  The radio frequency (RF) and base band transmission requirements
of the channel, when in telephony mode, shall be the same as for normal
uncompanded telephony operation.


 


The HSD demodulator shall be tuned in
parallel with the telephone demodulator. 
The latter shall remain connected throughout the call so that in-band
(2600 Hz) signalling from the MES can be monitored.


 


2              DHSD MODULATION AND CODING
REQUIREMENTS (DIGITAL MODE)


 


2.1           Receiving Requirements


 


The receiving
requirements for DHSD operation shall be identical to those that apply for type
05 (one-way) HSD in the 64 kbit/s operating mode.  The same equipment may therefore be employed.


 


2.2           Transmitting Requirements


 


The LES shall
provide an encoded and quadrature phase shift keyed (QPSK) modulated signal
with the same specifications as the MES. 
It must be configured and adjusted to provide DHSD service to the higher
gain MESs, and therefore to employ the same satellite L-band EIRP as in the
normal voice telephony mode.  The
frequency stability and doppler compensation requirements shall be the same as
for telephony, while the phase noise specifications shall be as for the TDM
signals.


 


5

















 


The QPSK
signal shall conform to the following spectral roll-off requirements:


 


	
  Offset from

  centre frequency

  	
   

  	
  Power
  in 4kHz relative to

  unmodulated carrier power

  
	
  (kHz)

  	
   

  	
  (dBc)

  
	
  96

  	
   

  	
  -28

  
	
  160

  	
   

  	
  -34

  
	
  300

  	
   

  	
  -38

  
	
  600

  	
   

  	
  -42

  



 


3              ACCESS AND CONTROL


 


3.1           Call Set-up


 


Provision of
DHSD services may evolve through several evolutionary stages.  These stages will place different demands on
LES and NCS procedures and software, but the differences will not be apparent
to the MES user.  The steps in call
set-up signalling for the initial and the final stages are shown in Table 1.  (For a shore-originated call, expected to be
rare, skip the MES call request step.)


 


3.2           Call Clearing


 


Normal call
clearing shall be in-band.  If the MES
initiates clearing, this should be effected by switching back to the FM
telephony mode, whereupon the 2600 Hz SF tone shall be sent.  In-band clearing shall also be possible from
the LES, in which case the digital carrier shall be interrupted by a resumption
of the FM carrier and transmission of the SF tone.  The MES shall also respond to out-of-band clearing commands
containing channel type 05 as well as type 06 or 07 (as appropriate) sent on
the common TDM.


 


6

















 


	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilization

  Charge (RUC)

  	
   

  	
  Decision
  Reference

  
	
  A1.7

  	
   

  	
  Telex Group Call in the Land to
  Mobile direction only

  	
   

  	
  Included
  in A1.2 above



  LTM
  direction only - $****



  For group calls using a telex channel, the following
  RUC shall be applied for each transmission for each ocean region:

   

  (i)      three
  times the normal telex RUC for national group calls;

  (ii)     three
  times the normal telex RUC charge for fleet group calls;

  (iii)    three times
  the normal telex RUC for selected group calls; and

  (iv)    three times
  the normal telex RUC for ocean area group calls.

  	
   

  	
  SR/19 14.4

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A1.8

  	
   

  	
  Addressable Telephony Group Call

  

  A telephony group call service has been
  established on a provisional basis. The start of the chargeable duration
  occurs when the last request for assignment message is transmitted by the LES
  (or the last assignment message is transmitted by the NCS) to the last MES
  addressed, and the finish of the chargeable duration occurs when the
  notification of mobile clearing message is transmitted by the LES. The
  service would not be available during periods of satellite congestion.

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/23, 15.4.

  SR/34, 20.2.4

  SR/47,
  19.2

  



 


7

















 


	
   

  	
   

  	
  The technical and operational details of the
  provisional service shall be subject to approval by the Company.

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A1.9

  	
   

  	
  Non-Addressable Enhanced Telephone
  Group Call

  	
   

  	
  Not separately measured - volume included in A1.8
  above

  	
   

  	
  SR/28, 15.5.4

  SR/34,
  20.2.4

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The technical characteristics of a baseline system
  design for an enhanced telephony group call service are as follows:

  

  This service could be offered to Inmarsat-A mobile earth stations with an
  additional receiver or to dedicated receive-only terminals. The system has
  the following main characteristics:

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  Terminal
  G/T

  	
   

  	
  -4
  dB/K

  	
   

  
	
   

  	
  Modulation

  	
   

  	
  FM

  	
   

  
	
   

  	
  Deviation

  	
   

  	
  7 kHz

  	
   

  
	
   

  	
  Audio-bandwidth

  	
   

  	
  50Hz
  - 3kHz

  	
   

  
	
   

  	
  Pre-emphasis + 3 dB frequency

  	
   

  	
  1 kHz

  	
   

  
	
   

  	
  Spectrum
  occupancy

  	
   

  	
  20
  kHz

  	
   

  
	
   

  	
  Satellite
  EIRP

  	
   

  	
  17
  dBW

  	
   

  
	
   

  	
  Services

  	
   

  	
  Voice, Music, Fax and voice band data

  	
   

  
	
   

  	
  Number of pre-assigned channels to which the
  receiver could tune

  	
   

  	
  4

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The receiver would use a synthesizer with 25 kHz
  step size, controlled by a Read Only Memory connected to a 4 position front
  panel switch. Additional receive channels could be selected by connection to
  an external EGC receiver. This would also enable the service provider to
  control the recipients, if appropriate. The system has a 1.8 dB margin
  compared to Inmarsat-A that would allow use of low cost consumer components
  in the receiver.

  	
   

  
											



 


8

















 


	
   

  	
   

  	
  LES IMPLICATIONS

  

  For voice, music and voice band data services a suitable FM modulator will be
  required at the land earth station. Programme material can originate using
  leased lines or from tape. Facsimile services would require buffering at the
  LES because group 3 machines use baud rates between 2400 and 9600 depending
  on the terrestrial line. Transmission via the satellite would take place at
  4800 baud.

  

  MES IMPLICATIONS

  

  The performance requirements for receive only terminals are based on the
  Inmarsat-A Technical Requirements Document. Minor modifications would be
  required to take into account the actual modulation parameters. The same
  demodulator specification would be used for Inmarsat-A terminals with an
  add-on receiver. To obtain an IF port, a minor modification to the terminals
  would be required and thus type approval would be required. For facsimile
  services using off-the-shelf equipment, additional hardware would be required
  to simulate the signalling protocols and ringing.

  

  Not separately measured - volume included in A1.9 above.

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A1.10

  	
   

  	
  Non-Addressable Enhanced Digital
  Telephone Group Call

  

  The technical characteristics of this
  service are set out in the Inmarsat A Technical Requirements Document, which
  is included in Annex B of the LESO Agreement.

  	
   

  	
   

  	
   

  	
  SR/46, 18.5.2SR/47, 19.2

  



 


9

















 


	
  A1.11

  	
   

  	
  Pre-bookable, Inmarsat-A, extra
  High Speed Data service in the Mobile-to-Land direction

  	
   

  	
   

  	
   

  	
  SR/45, 17.1.2

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  400 kHz bandwidth

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
  500 kHz bandwidth

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
  600 kHz bandwidth

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  This service shall be in one minute increments with
  a ten minute minimum. The service shall operate only during periods of low
  traffic, as defined periodically by the Directorate to reflect the evolution
  of the daily traffic profile and set out in Section A1.1 above, together
  with the following periods:



  Weekend:          18:01 UTC Friday to 07:00
  UTC Monday in all ocean regions.



  Calls must be pre-booked via a Signatory either from
  the MES or the shore-side customer, giving at least two working days’ notice
  to the Company’s Network Operations Centre.

  

  The service will become operational in each ocean region as soon as both
  suitable MESs have been type or case approved and suitable equipment and at
  least one LES has been tested and approved. The service is pre-emptible, and
  will be provided in each ocean region initially on Inmarsat-2 operational
  satellites and subsequently on Inmarsat-3 operational satellites and, in the
  event of non-availability of any such satellites, the service may be provided
  on other satellites, subject to availability of capacity.

  

  The guidelines for terms and conditions for the extra high speed data service
  are set out below:

  	
   

  	
   

  	
   

  	
   

  



 


10

















 


	
   

  	
   

  	
  Article 1:              Scope of Terms and Conditions



  A     In these
  Terms and Conditions, “Extra High Speed Data Service (DHSD)” means the
  utilization, on an advance schedule basis, of the Inmarsat space
  segment for extra high speed data communications, including compressed video
  television, through an Inmarsat operational satellite in a designated ocean
  region, in the mobile-to-land direction, between an Inmarsat-A Mobile Earth
  Station (MES) type-approved or case-approved for the purpose and a designated
  Land Earth Station (LES), as more particularly described in Annex A
  hereto.



  B     This
  authorization made by the Company to the LESO (“the applicant”) for the
  utilization by the LES of the Inmarsat space segment for the DHSD service
  shall be subject to these Special Terms and Conditions, and to the Terms and
  Conditions for the Utilization by Land Earth Stations of the Company’s Space
  Segment, approved by the Company, as amended at any time or times by the
  Company, provided that in the event of any inconsistency these Special
  Terms and Conditions shall prevail.

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Article 2:              The Service Times



  A     The DHSD
  service shall operate only at scheduled times booked in advance by the LESO
  with the Company (“the scheduled times”).



  B     Scheduled
  times may only be booked during periods of low traffic, as defined
  periodically by Inmarsat to reflect the evolution of the Company’s daily
  traffic profile, and as notified by Inmarsat to all LES Operators from time
  to time.

  	
   

  	
   

  	
   

  	
   

  



 


11

















 


	
   

  	
   

  	
  Article 3:              LES Performance, Criteria and Operations



  A             Authorization Subject to Compliance 



  1 Throughout
  the scheduled times, the LES shall comply with the criteria and performance
  standards set forth in Annex B hereto.



  2 This
  authorization shall be conditional upon such compliance. The DHSD service
  shall not be utilized for any purpose or in any manner other than as
  specified in the application for this authorization, or in these Special
  Terms and Conditions, without the prior written consent of the Company.



  B             Sanctions in the Case of Non-compliance



  1 The Company
  shall be entitled, at any time or times, without prior notice and with
  immediate effect, unilaterally to modify, restrict, suspend or terminate,
  temporarily or permanently, this authorization, if Inmarsat deems the LES to
  not so comply, or if Inmarsat considers that the DHSD service has been used
  in a manner not so authorized, no matter what the cause or causes of such
  non-compliance or unauthorized use.



  2 Unless
  this authorization has been terminated, Inmarsat shall lift such
  modifications, restrictions or suspension if and when it is demonstrated to
  the Company’s satisfaction that compliance has been resumed and will be
  maintained, or that such unauthorized use has been and will be discontinued. 



  3 The
  Company shall have no financial obligation of any kind to the applicant or to
  the LESO as a direct or indirect consequence of such modification,
  restriction, suspension or termination.

  	
   

  	
   

  	
   

  	
   

  



 


12

















 


	
   

  	
   

  	
  Article 4:              MES Performance, Criteria and Operations



  A     In order to utilize the Company’s space segment, only Inmarsat-A
  MESs which have been type-approved or case-approved and commissioned by the
  Company and which comply with the additional criteria, technical performance
  standards and operating procedures set forth in Annex B shall be used in
  connection with the service.



  B     The applicant shall take such steps as are necessary to ensure
  that the MESs utilizing the service comply with these Terms and Conditions,
  including this Article, as appropriate. The applicant shall provide written
  evidence of compliance with this Article to the Company, at its request.

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Article 5:              Resource Utilization Charges



  A     Establishment

  

  The RUC charges for the DHSD service shall be those established by the
  Company and which are applicable at the commencement of each of the scheduled
  times. 

  

  B     Cancellation



  The charges
  established as in Article 5(A) above shall be payable for the whole of
  the scheduled times, irrespective of the duration of actual utilization, provided
  that:



  (i)    such
  charges shall not be payable in respect of any scheduled times if 24 hours
  notice of cancellation thereof is given to Inmarsat prior to the commencement
  of such times; and

   

  (ii)   such charges
  shall not be payable, and shall if necessary be 

  	
   

  	
   

  	
   

  	
   

  



 


13

















 


	
   

  	
   

  	
  reimbursed,
  in respect of any part of the scheduled times during which the EHSD service
  has been unavailable, delayed or interrupted, provided such
  unavailability, delay or interruption is not due, in the Company’s judgement,
  to any non-compliance by the LES with these Terms and Conditions, or any
  non-compliance with the terms and conditions upon which the MES has been
  authorized by Inmarsat to use the DHSD service.

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Article 6:              Pre-Emption of Capacity by the Company



  The Company shall
  have the right at any time to modify, restrict or suspend the availability of
  the capacity to such extent as the Company may determine is necessary in
  order to ensure the availability of sufficient space segment capacity for
  other Company services in the designated ocean region having, in the
  Company’s good faith judgement, a higher priority. The Company shall give the
  applicant not less than four weeks’ notice of its intention to exercise its
  rights under this Article, except in urgent operational cases when no advance
  notice shall be required.

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Article 7:              Responsibility for LES and MES Compliance

   

  The LESO shall be responsible to the Company for
  compliance by the LES with these Terms and Conditions and for compliance by
  the MES with the requirements of Article 4 (MES Performance, Criteria
  and Operations).

  	
   

  	
   

  	
   

  	
   

  



 


14

















 


	
  A2

  	
   

  	
  Inmarsat-C and mini-C

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilization

  Charge (RUC)

  	
   

  	
  Decision
  Reference

  
	
  A2.1

  	
   

  	
  Charges for demand assigned messages associated with permanently
  assigned Inmarsat-C TDM Carrier

  	
   

  	
   

  	
   

  	
  Section 5 of COUNCIL/61/11.

  
	
   

  	
   

  	
  To-Mobile messaging per 256 bit message segment or
  part thereof

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  From-Mobile messaging per 256 bit message segment or
  part thereof.

  	
   

  	
  US$**** (i.e. US$**** less reductions of ****% and
  ****% in respect of resource wastage and terrestrial failures.  These adjustments shall be calculated
  annually.

  	
   

  	
   

  
	
   

  	
   

  	
  Single-Addressed Mobile to Mobile direction
  messaging per 256 bit message segment or part thereof

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  •  Sending
  part

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
  •  Receiving
  part

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
  Multi-Addressed Mobile to Mobile direction messaging
  per 256 bit message segment or part thereof

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  •  Sending
  part

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
  •  Primary
  receiving part

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
  Secondary receiving part(s)

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.2

  	
   

  	
  Charges for demand assigned messages where no permanently assigned
  Inmarsat-C TDM Carrier has been contracted for

  	
   

  	
   

  	
   

  	
  COUNCIL/61/11; Section 5

  
	
   

  	
   

  	
  To-Mobile messaging per 256 bit message segment with
  no fixed charge for demand assigned TDM carriers operating in those ocean
  regions which are served by both the Inmarsat-3 satellites and the NCS-2

  	
   

  	
  US$****

  	
   

  	
  SR/28, 17.1.4

  SR/34.  20.2.4

  SR/36, 17.3.3(a),

  17.4.3(a) &  17.4.5

  SR/46, 18.4.2

  SR/47, 19.2

  SR/61, 13.2.2

  



 


15

















 


	
   

  	
   

  	
  From-Mobile messaging per 256 bit message segment
  with no fixed charge for demand assigned TDM carriers operating in those
  ocean regions which are served by both the Inmarsat-3 satellites and the
  NCS-2

  	
   

  	
  US$**** 
  (i.e. US$**** before reductions of ****% and ****% in respect of
  resource wastage and terrestrial failures. 
  These adjustments shall be calculated annually.

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Single Addressed Mobile to Mobile direction
  messaging per 256 bit or part thereof

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  •  Sending
  part

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
  •  Receiving
  part

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
  Multi-Addressed
  Mobile to Mobile direction messaging per 256 bit or part thereof

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  •  Sending
  part

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
  •  Primary receiving
  part

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
  •  Secondary
  receiving part

  	
   

  	
  US$****

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.3

  	
   

  	
  Data Reporting (Unreserved)

  

  Ship-to-Shore navigational/meteorological danger reports via record
  communications via Code 42 shall be free of RUCs.

  	
   

  	
  US$**** per packet

  

  Inmarsat measures data reports to an accuracy of +/- ****%.  However a reduction to the measured volume
  of ****% shall be made to ensure that no over-billing can occur.

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.4

  	
   

  	
  Enhanced Group Call FleetNETSM

  	
   

  	
  US$**** per 256 bits or part thereof

  	
   

  	
  SR/47, 19.2

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.5

  	
   

  	
  Call Confirmation

  	
   

  	
  US$**** per 256 bits or part thereof

  	
   

  	
  SR/47, 19.2

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.6

  	
   

  	
  Message Status

  	
   

  	
  US$**** per 256 bits or part thereof

  	
   

  	
  SR/47, 19.2

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.7

  	
   

  	
  Polling

  	
   

  	
  US$****  per
  256 bits or part thereof

  	
   

  	
  SR/47, 19.2

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.8

  	
   

  	
  Polling with No Text

  	
   

  	
  US$**** per poll

  	
   

  	
  SR/47, 19.2

  



 


16

















 


	
  A2.9

  	
   

  	
  Enhanced Group Call SafetyNETSM

  	
   

  	
  US$**** per 256 bits or part thereof

  	
   

  	
  SR/36, 17.4.4(b)

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.10

  	
   

  	
  Distress Alerts (Land and Aeronautical Mobiles)

  

  An appropriate liability disclaimer against telecommunications breakdowns
  shall be included as part of the terms and conditions of the service for
  LMESs equipped with the alerting function.

  	
   

  	
  US$**** per Alert

  	
   

  	
  SR/43, 17.2.2

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.11

  	
   

  	
  Performance validation tests

  	
   

  	
  Free of RUCs

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.12

  	
   

  	
  Confirmations: Non-delivery notification

  	
   

  	
  Free of RUCs

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.13

  	
   

  	
  Failed calls

  	
   

  	
  Free of RUCs

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A2.14

  	
   

  	
  Unsuccessful Store and Forward final delivery

  	
   

  	
  Inmarsat cannot accurately determine whether a
  message has been successfully delivered over the terrestrial networks.  To compensate, a reduction is made to the
  From-Mobile Messaging RUC (see A2.1 and A2.2 above).

  	
   

  	
  SR/52, 15.7.2

  



 


17

















 


	
  A3

  	
   

  	
  Inmarsat-Aeronautical

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilization Charge (RUC)

  	
   

  	
  Decision

  Reference

  
	
  A3.1

  	
   

  	
  Aero-H 9.6kbit/s

  	
   

  	
  US$**** per minute

  	
   

  	
  April 2001

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.2

  	
   

  	
  Aero-H+ 4.8kbit/s

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.3

  	
   

  	
  Aero-I 4.8kbit/s

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.4

  	
   

  	
  Aero-H Packet Data

  	
   

  	
  US$**** per kbit

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.5

  	
   

  	
  Aero-L Packet Data

  	
   

  	
  US$**** per kbit

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.6

  	
   

  	
  Aero-I Packet Data

  	
   

  	
  US$**** per kbit

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.7

  	
   

  	
  Aero-H 9.6 kbit/s Circuit Mode Data

  	
   

  	
  Included with Aero-H 9.6 kbit/s Voice - A3.1 above

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.8

  	
   

  	
  Inmarsat Aero-C

  	
   

  	
  The same as the Inmarsat-C service RUCs

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.9

  	
   

  	
  Point-to-Multi point Data

  	
   

  	
  ****, as per Council/71

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.10

  	
   

  	
  Swift64 ISDN

  	
   

  	
  US$**** per minute

  	
   

  	
  January 2002

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.11 

  	
   

  	
  Swift64 MPDS 

  	
   

  	
  US$**** per Mbit 

  	
   

  	
  January 2002 

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A3.12

  	
   

  	
  Swift64 Voice 
  (3.2 kbps)

  	
   

  	
  US$**** per minute

  	
   

  	
  May 2002

  



 


18

















 


	
  A4

  	
   

  	
  Inmarsat-B

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilization

  Charge (RUC)

  	
   

  	
  Decision
  Reference

  
	
  A4.1

  	
   

  	
  Telephone

  	
   

  	
  US$****  per
  minute

  	
   

  	
  SR/41, 21.1.2

  SR/46, 18.1.2

  SR/47, 19.2

  
	
   

  	
   

  	
  A.    Reduced
  Rate Mobile to Land direction only (Off-Peak)



  The reduced rate periods for Mobile originated
  telephone calls are as follows:

  	
   

  	
  US$**** per minute

  	
   

  	
  April 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AOR-East

  	
  22:00 – 06:00
  (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AOR-West

  	
  23:00 –
  07:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  IOR

  	
  19:00 –
  03:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  POR

  	
  19:00 –
  03:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  B.    Super Off-peak Rate:  Mobile to Land direction only using prepaid cards



  The reduced rate periods
  for prepaid SQT Mobile originated telephone calls is 23:00 to 03:00 (GMT) for
  all Ocean Regions.

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A4.2

  	
   

  	
  Telex

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/47, 19.2

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A4.3

  	
   

  	
  Mobile to Mobile direction

   

  For telephone and telex calls between MESs, twice
  the normal charge.

  	
   

  	
  Measured and invoiced as two separate parts with one
  part included in the Mobile to Land volume and the remaining part included in
  the Land to Mobile volume in A4.1 above.

  	
   

  	
   

  



 


19

















 


	
  A4.4

  	
   

  	
  Optional Service Verification Testing

  	
   

  	
  Included in A4.1 above.

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A4.5

  	
   

  	
  Mandatory Commissioning Tests

  	
   

  	
  Included in A4.1 and A4.2 above.

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A4.6

  	
   

  	
  Multi-channel Large Antenna (+ 3.7 dB/K) Telephone

  

  This service is specified for LESs which implement and use an enhanced
  forward power control capability, for telephony calls to and from MESs with a
  G/T of not less than +3.7 dB/K.

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/42, 20.4.2

  SR/46,
  18.2.2(d)

  & 18.2.2(e)

  SR/47, 19.2

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A4.7

  	
   

  	
  Data Service at 9.6 kbit/s

  

  Facsimile
  Services at 9.6 kbit/s, and Data Service at 16 kbit/s

  Standard Rate

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/46, 18.1.2(a)

  SR/47,
  19.2

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A4.9

  	
   

  	
  One Way (Mobile to Land direction) High Speed Data Services at 56/64
  kbit/s

  Standard Rate

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/46, 18.1.2(c)

  SR/47,
  19.2

  



 


20

















 


	
  A5

  	
   

  	
  Inmarsat-M

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilization

  Charge (RUC)

  	
   

  	
  Decision Reference

  
	
  A5.1

  	
   

  	
  Telephone

  	
   

  	
  US$****  per
  minute

  	
   

  	
  SR/41, 21.1.2

  SR/47, 19.2

  
	
   

  	
   

  	
  A.  Reduced Rate Mobile to Land
  direction only (Off-Peak)

  	
   

  	
  US$**** per minute

  	
   

  	
  April 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The reduced rate periods for Mobile originated
  telephone calls are as follows:

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AOR-East

  	
  22:00 – 06:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AOR-West

  	
  23:00 – 07:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  IOR

  	
  19:00 – 03:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  POR

  	
  19:00 – 03:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  B.    Super Off-peak Rate:  Mobile to Land direction only using prepaid cards

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The reduced rate periods
  for prepaid SQT Mobile originated telephone calls is 23:00 to 03:00 (GMT) for
  all Ocean Regions.

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A5.2

  	
   

  	
  Mobile to Mobile direction

  	
   

  	
  Measured and invoiced as two separate parts with one
  part included in Mobile to Land volume and the remaining part included in the
  Land to Mobile volume in A5.1 above.

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A5.3

  	
   

  	
  Optional Service Verification Testing

  This service will be charged at normal rates.

  	
   

  	
  Included in A5.1 above

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A5.4

  	
   

  	
  Mandatory Commissioning Tests

  	
   

  	
  Included in A5.1 and 5.2 above.

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A5.5

  	
   

  	
  Medium Antenna (-4 dB/K) Telephone, Fax and Data

  	
   

  	
  US$**** per minute

  	
   

  	
  SR/47, 19.2

  



 


21

















 


	
  A6

  	
   

  	
  Mini-M

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilization

  Charge (RUC)

  	
   

  	
  Decision
  Reference

  
	
  A6.1

  	
   

  	
  Telephone, Fax and low-speed Data

  	
   

  	
  US$****  per
  minute

  	
   

  	
  SR/41, 21.1.2

  SR/47,
  19.2

  
	
   

  	
   

  	
  A.  Reduced Rate Mobile to Land
  direction only (Off-Peak)

  	
   

  	
  US$**** per minute

  	
   

  	
  April 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The reduced rate periods for Mobile originated
  telephone calls are as follows:

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AOR-East

  	
  22:00 – 06:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AOR-West

  	
  23:00 – 07:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  IOR

  	
  19:00 – 03:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  POR

  	
  19:00 – 03:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  B.    Super Off-peak Rate:  Mobile to Land direction only using prepaid cards

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The reduced rate periods
  for prepaid SQT Mobile originated telephone calls is 23:00 to 03:00 (GMT) for
  all Ocean Regions.

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A6.2

  	
   

  	
  Mobile to Mobile direction

  	
   

  	
  Measured and invoiced as two separate parts with one
  part included in Mobile to Land volume and the remaining part included in the
  Land to Mobile volume in A6.1 above.

  	
   

  	
   

  



 


22

















 


	
  A6.3

  	
   

  	
  Optional Service Verification Testing

  This service will be charged at normal rates.

  	
   

  	
  Included in A6.1 above

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A6.4

  	
   

  	
  Mandatory Commissioning Tests

  	
   

  	
  Included in A6.1 and 6.2 above.

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A6.5

  	
   

  	
  Large Antenna Mini-M or LAMM Telephone, Fax and Data

   

  The service is specified for LESs that implement and
  use an enhanced forward power control capability, for telephony calls to and
  from MESs with a G/T of not less than -7 dB/K.

  	
   

  	
  US$**** per minute

  	
   

  	
   

  



 


23

















 


	
  A7

  	
   

  	
  Inmarsat GLOBAL AREA NETWORK
  (GAN)

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilisation

  Charge (RUC)

  	
   

  	
  Decision

  Reference

  
	
  A7.1

  	
   

  	
  Telephone

  	
   

  	
  US$**** per minute

  	
   

  	
  April 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A7.2

  	
   

  	
  Mobile to Mobile direction


  For telephone calls between MESs, twice the normal charge.

  	
   

  	
  Measured and invoiced as two separate parts with one
  part included in the Mobile to Land direction volume and the remaining part
  included in the Land to Mobile volume in A7.1 above.

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A7.3

  	
   

  	
  2.4 kbit/s Fax & Data

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A7.4

  	
   

  	
  MPDS

  	
   

  	
  US$**** per Mbit

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A7.5

  	
   

  	
  ISDN/HSD

  	
   

  	
  US$**** per minute

  	
   

  	
   

  



 


24

















 


	
  A8

  	
   

  	
  Inmarsat Fleet (F77, F55
  & F33)

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilisation

  Charge (RUC)

  	
   

  	
  Decision

  Reference

  
	
  A8.1

  	
   

  	
  Telephone

  	
   

  	
  US$**** per minute

  	
   

  	
  April 2003

  
	
   

  	
   

  	
  A.    Reduced Rate Mobile to Land direction
  only (Off-Peak)

  	
   

  	
  US$**** per minute

  	
   

  	
  April 2003

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The reduced rate periods for Mobile originated telephone calls are as
  follows:

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AOR-East

  	
  22:00 – 06:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  AOR-West

  	
  23:00 – 07:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  IOR

  	
  19:00 – 03:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  POR

  	
  19:00 – 03:00 (GMT)

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  B.    Super Off-peak Rate:  Mobile to Land direction only using prepaid cards

  	
   

  	
  US$**** per minute

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  The reduced rate periods for prepaid SQT
  Mobile originated telephone calls is 23:00 to 03:00 (GMT) for all Ocean
  Regions.

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A8.2

  	
   

  	
  Mobile to Mobile direction

   

  For telephone calls between MESs, twice the normal
  charge.

  	
   

  	
  Measured and invoiced as two separate parts with one
  part included in the Mobile to Land direction volume and the remaining part
  included in the Land to Mobile volume in A8.1 above.

  	
   

  	
   

  



 


25

















 


	
  A8.3

  	
   

  	
  2.4 kbit/s Fax & Data

  	
   

  	
  US$**** per minute

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A8.4

  	
   

  	
  9.6 kbit/s Fax and Data

  	
   

  	
  US$**** per minute

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A8.5

  	
   

  	
  MPDS

  	
   

  	
  US$**** per Mbit

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A8.6

  	
   

  	
  ISDN/HSD

  	
   

  	
  US$**** per minute

  	
   

  	
   

  	
   

  



 


26

















 


	
  A9

  	
  Volume Discount Schemes

  	
   

  



 


****


 


27

















 


****


 


28

















 


****


 


29

















 


****


 


30

















 


****


 


31

















 


****


 


32

















 


****


 


33

















 


****


 


34

















 


	
  A10

  	
   

  	
  Inmarsat-D

  	
   

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilization

  Charge (RUC)

  	
   

  	
  Decision Reference

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  No demand-assigned charges exist currently for the
  Inmarsat-D service.

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


35

















 


	
  A11

  	
   

  	
  Other Standard Services and Charges

  	
   

  



 


A11.1      Penalty Charges for Resource
utilization to/from Mandatory Barred MESs (COUNCIL/68/SR/FINAL, para. 11.1.5).


 


A penalty charge of a ten-fold increased
/RUC for resource utilization to and from mandatory barred MESs (Inmarsat A, B,
M, C and mini-M) which any LESO allows to pass through its LES(s) effective
from 1 August 1997.  For each mandatory
barred MES passing resource utilization through a non-compliant LES, a
one-month grace period will be given to its LES Operator, during which time
standard RUCs will be charged. 
Thereafter, if the same MES is allowed to continue passing resource
utilization, the penalty charge shall be invoked as follows:


 


(i)    in the case
of Inmarsat-A, B, M and mini-M, for each individual call above a holding time
of two minutes; and


(ii)   in case of
Inmarsat-C for all calls.


 


A one-month grace period shall be allowed
from the time of publication by the Company of a monthly non-compliance report
and is given for an MES “only once”.  If
the MES moves to another LES, a further grace period shall not be allowed.


 


36

















 


	
  A12

  	
   

  	
  Maritime Distress And Safety
  Services

  

  The Charges quoted in this section apply only to Maritime registered
  terminals

  	
   

  
	
   

  	
   

  	
  Service

  	
   

  	
  Resource
  Utilization

  Charge (RUC)

  	
   

  	
  Decision
  Reference

  	
   

  
	
  A12.1

  	
   

  	
  Urgency and Safety resource utilization

  	
   

  	
  The relevant RUC for the service used shall be
  charged as normal.

  	
   

  	
  SR/7, 5.7

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A12.2

  	
   

  	
  Distress Services

  

  This applies to Inmarsat A, B, M mini-M
  and Fleet services together with Inmarsat C Store and Forward messaging and
  Enhanced Group Calls.  Distress
  services are only applicable in the Maritime sector.

   

  Only distress communications using Priority Code 3
  are free of RUCs.

  	
   

  	
  Free of RUCs

  	
   

  	
  SR/41, 21.1.2(d)

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A12.3

  	
   

  	
  Safety Services

  

  This applies to Inmarsat A, B, M and phone
  services together with Inmarsat C Store and Forward messaging and Enhanced
  Group Calls.  Distress services are
  only applicable in the Maritime sector.

  

  Safety services are - as defined for use by the special access codes 32
  (medical advice), 38 (medical assistance), 39 (maritime search and rescue
  assistance), 42 (navigation hazards and warnings).  Distress services are defined for use in the following
  circumstances.  This applies to
  Inmarsat A, B, C, M, mini-M and Fleet services.

  

  (a)  Ship-to-Shore communications



  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  • search and rescue co-ordination including communications
  subsequent to initial distress alerts, by voice or record relating to the
  immediate assistance required by a ship which is in distress and in grave and
  imminent danger, provided they are made to associated

  	
   

  	
  Free of RUCs

  	
   

  	
   

  	
   

  



 


37

















 


	
   

  	
   

  	
  RCCs via Code 39;

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  • urgent navigational/meteorological danger reports by record
  communications via Code 42;

  	
   

  	
  Free of RUCs

  	
   

  	
  SR/41, 21.1.2(d)

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  • medical assistance for grave and imminent danger, by voice or
  record, via Code 38 to an Agency recognized by Administrations; and

  	
   

  	
  Free of RUCs

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  • Maritime ship-to-shore Medical Advice Communications via
  Code 32 to a medical authority recognized by Administrations shall be at
  50 percent of the standard rates during all periods.

  	
   

  	
  50% of regular RUC

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  (b) Shore-to-Ship communications:



  • search and rescue co-ordination including communications
  subsequent to initial distress alerts, by voice or record, for communications
  from associated RCCs to ships and when relating to the immediate assistance
  required by a ship in distress and in grave and imminent danger; and

  	
   

  	
  Free of RUCs

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  • medical assistance by voice or record for calls from Agencies
  recognized by Administrations.

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Details of all calls or messages by service, traffic
  type, start time and forward ID shall be provided by each LESO to the Company
  within 30 days of each quarter-end for the purpose of providing a credit to
  the LESO.

  	
   

  	
  Free of RUCs

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  A12.4

  	
   

  	
  Maritime Mobile Distress Alerts

  

  Initial ship-to-shore distress alerts and
  distress messages via an L-band EPIRB and shore-to-ship distress alerts,
  provided the originator is a rescue co-ordination centre associated with an
  LES.

  	
   

  	
  Free of RUCs

  	
   

  	
  SR/9, 10.11(a)

  SR/10, 14.2(b)(ii)

  SR/33, 14.5(a)

  SR/36, 15.1.4(b

  	
   

  



 


38

















 


	
  A12.5

  	
   

  	
  Rescue Co-ordination Centres

  

  Space segment capacity will be made
  available to MESs installed at rescue co-ordination stations for distress and
  safety purposes, on a demand-assigned basis, in accordance with space segment
  charging policy.  Such stations will
  be considered as ordinary MESs for accounting purposes.

  	
   

  	
  Apart from the reduced or free services noted in
  A10.1 through A10.4 above, the relevant RUC for the service used shall be
  charged as normal.

  	
   

  	
   

  	
   

  



 


39

















 


	
  B

  	
   

  	
  FIXED CHARGES

  	
   

  



 


	
   

  	
   

  	
   

  	
   

  
	
  B 1

  	
   

  	
  Inmarsat-C

  	
   

  
	
   

  	
   

  	
  Service

  	
   

  	
  Annual
  Charge

  	
   

  	
  Decision
  Reference

  	
   

  
	
  B1.1

  	
   

  	
  Charges for Permanently Assigned Inmarsat-C TDM Carrier



  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Fixed charge per permanently assigned Inmarsat-C TDM
  carrier

  

  All RUCs are payable in advance.

  	
   

  	
  US$**** per year

  	
   

  	
  SR/28, 17.1.4

  SR/34.  20.2.4

  SR/36, 17.3.3(a),

  17.4.3(a) &

  17.4.5

  SR/46, 18.4.2

  SR/47, 19.2

  SR/61,  13.2.2 and

  Section 5 of

  COUNCIL/61/11

  	
   

  



 


	
  B 2

  	
   

  	
  Aeronautical

  
	
   

  	
   

  	
  Service

  	
   

  	
  Annual
  Charge

  	
   

  	
  Decision
  Reference

  
	
  B2.1

  	
   

  	
  Psmc-Channel for 2001

  

  The Psmc channel charge shall be pro-rated
  for GES operation time of less than a full year.

  

  All RUCs are payable in advance.

  	
   

  	
  US$**** per year

  	
   

  	
  SR/57, 17.1.4

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  B2.2

  	
   

  	
  In respect of those GESOs, which have not reached
  CN86 compliance by 31 October 1999, a penalty charge of US$**** per month or
  part thereof will be applied from 1 November 1999 until such time as the
  GESOs become compliant.  The penalty
  charge will be included in the normal monthly invoice.

  	
   

  	
  US$**** per month, effective from 1 November 1999

  	
   

  	
  SR/77, 14.3.5

  



 


40

















 


LES Operator Agreement


 


ANNEX H


 


Inmarsat policy for updating “Traffic Utilization
Measurement and

Utilization Processes” (referred to hereafter as TUMUP)


 


1.             The
Company shall at all times maintain an electronic copy of the latest version of
the TUMUP which shall be accessible by all LES Operators.


 


2.             The
Company may at any time propose an amendment to TUMUP.  Any such proposal shall be circulated by the
Company to all LES Operators at least 2 months prior to implementation.


 


3.             LES
Operators shall be requested to provide comments on the proposal within a
defined period of time as specified in the proposal (which shall not be longer
than 4 weeks).


 


4.             The
Company shall issue an updated TUMUP in respect of new services at least 1
month prior to service launch.


 


5.             LES
Operators shall ensure that the Company has at all times contact details of all
staff responsible for TUMUP issues. 
Nominated staff will be recipients of proposals.


 

















 


LES
Operator Agreement


 


ANNEX I


 


GENERAL GUIDELINES TO BE
CONSIDERED BY THE COMPANY

IN ALLOCATING SATELLITE CAPACITY IN TIMES OF CONGESTION


 


(Clause 13.2 of this Agreement refers)


 


The
Company will take the following measures as appropriate in order to augment
satellite capacity in times of congestion or saturation:


 


1                 All
tests and experiments will be related to non-busy times.


 


2                 The
grade of service (GoS) for demand assigned carriers of the Inmarsat-A, M, B,
mini-M, GAN, Fleet, and Swift services will be allowed to rise such that the
hourly congestion report at which a review is triggered would be raised from 4%
to 10%.


 


3                 Inmarsat-C
TDM carriers with a TDM loading of 8% (average) or less will be put into demand
assigned mode.


 


4.                The
MPDS fill factor at which a new bearer would be introduced will be allowed to
rise above 70% but not exceed 90%.


 


5                 In
the absence of an NCS, Aeronautical circuit mode channels will be suppressed
such that the hourly congestion report at which a review is triggered would be
raised from 4% to 10% on a per GES basis. 
Once the NCS is in place the Aeronautical circuit mode channels will be
treated as for other demand assigned carriers (see para 2 above).


 


6                 Where
possible the EIRP of carriers will be reduced. 
Such reductions will always be carefully considered and supported by
tests or diagnostic measurements.


 


7                 Where
possible the spectral separation of carriers will be reduced.  This will lead to a general worsening of
channel quality.  Such reductions in
spectral separation will always be carefully considered and supported by tests
and by the use of monitoring and measurement tools, which will allow the
performance of the channels to be predicted in statistical terms as a function
of the required coverage area.


 


8                 Any
pre-emptible leases will be pre-empted.


 


9                 If
a shortage of power or spectrum still exists, a cost/benefit analysis will be
run to determine which channels should be suppressed.  Essential distress and safety services shall, at all times, be
protected.


 


10               In
carrying out the above measures, no account shall be taken of the length of
time that an LES Operator has been providing a service.


 

















 


LES Operator Agreement


 


ANNEX J


 


STANDARD DISCLAIMER CLAUSE


 


(Clause 15.5
of this Agreement refers)


 


1.                The
LESO’s customer agrees with the LESO that neither the LESO nor the Company nor
any of their respective affiliates, resellers or agents shall be liable on any
basis whatsoever (including in contract and in tort) to the LESO’s customer for
any direct, indirect or consequential loss, damage or expense, including,
without limitation, loss of profits or revenues, loss of distribution rights,
abortive expenditure or damage to property or injury or death to persons
arising from or in connection with:


 


(a)              any
unavailability, delay, interruption, disruption or degradation in or of the
Space Segment or of any telecommunications carried on the Space Segment,
regardless of cause including, but without limitation, equipment failure or
malfunction;  or


 


(b)              the
suspension by the LESO or the Company of the MES’s authorization to use
Services provided by the LESO or the Company, due to any cause whatsoever.


 


2.                Nothing
in this Clause shall exclude or limit the LESO’s or the Company’s liability for
death or personal injury resulting from its own negligence in any jurisdiction
where, as a matter of law, such liability cannot be excluded or limited.


 


3.                The
LESO shall, acting for itself and on behalf of and as trustee for the Company
and the other indemnitees, take any action necessary to enforce this disclaimer.


 


4.                In
the event that the LESO’s customer is a reseller of services, it shall
incorporate in the terms and conditions applicable to its customers, agents and
resellers, the disclaimers of liability that it has agreed to under this
Agreement both in favour of the LESO, the Company and their respective
affiliates, resellers or agents.


 

















 


LES OPERATOR AGREEMENT


 


ANNEX K


 


RULES OF PROCEDURE FOR NETWORK PLANNING 

CONSULTATIVE GROUP MEETINGS


 


(Clauses 1.1,
2.15 13.6 and 20.3 of this Agreement refer)


 


The following is an outline of the Rules of Procedure
for Network Planning Consultative Group (“the Group” ) Meetings, convened for
the purposes of Clauses 2.11, 13.6 and 20.3. 
The Company will develop more detailed procedures as necessary.


 


1              REPRESENTATION


 


1.1           Representatives
at the Group Meetings other than those of the Company shall be any person duly
authorised by an LES Operator, as notified in writing to the Company at least
seven (7) days in advance of each meeting.


 


1.2           Representation
per LES Operator shall normally be no more than two (2) persons.


 


2              SESSIONS


 


2.1           The
Meetings shall normally be held at the Headquarters of the Company, or
elsewhere if the Company and at least a simple majority of the LES Operators so
agree.  Each LES Operator shall bear its
own costs of participation.


 


2.2           The
Company shall convene meetings of the Group biannually in order to consider
space segment planning, resource allocation and amendments to the LES Technical
Criteria and Operating Procedures.  In
addition, the Company shall convene meetings as often as it deems necessary, in
consultation with LES Operators, or if requested to do so by a minimum of two
(2) LES Operators, and shall provide notice of at least two (2) weeks, together
with an agenda for the meeting, unless shorter notice is necessary to meet
urgent operational needs.


 


2.3           The
Meeting shall be opened by a senior officer of the Company, who shall propose a
Chairman for the Meeting.  The nominee
or nominees for Chairman may be a senior officer of the Company or of an LES
Operator.  The appointment of the
Chairman shall be subject to approval by the Company and the LES Operators
present at the Meeting.


 

















 


3              STANDARD CONSULTATION  PROCEDURE


 


3.1           The
Company may present a proposal for consideration by the Group relating to
changes to the LES Technical Criteria and Operating Procedures, the restriction
or withdrawal of a Service or space segment planning and resource allocation.
The proposal must be in writing and should include a clear summary of the
decision to be taken together with the technical, operational and commercial
consequences.  Where the proposal
relates to a change to the LES Technical Criteria and Operating Procedures, it
shall be submitted in accordance with Clause 20.3 of the LESO Agreement


 


3.2           In
relation to a change to the LES Technical Criteria and Operating Procedures
that would be subject to the provisions of Clause 20.4 of the LESO Agreement,
the Group may vote on proposals in accordance with Clause 20.4.


 


3.3           In
relation to a change to the LES Technical Criteria and Operating Procedures to
which Clause 20.4 would not apply, the Company shall act in accordance with the
provisions of Clauses 20.5 and 20.6.


 


3.4           In
relation to space segment planning and resource allocation, the provisions of
Clause 13(6) (c) of the LESO Agreement shall apply.


 


4              URGENT CONSULTATION PROCEDURE


 


4.1           Notwithstanding
the Standard Consultation Procedure, the Company may adopt any change or
addition to the LES Technical and Operational Procedures or may implement any
space segment planning and resource allocation solution without prior
consultation with the LESO when the Company reasonably determines that an
Urgent Operational Case has arisen, as provided for in the LESO Agreement
Clause 20.6 and Clause13.6 (c).


 


There may be
cases, which do not constitute an Urgent Operational Case, but where action is
needed on a more urgent basis than biannually. 
In such a case the following procedure will be followed prior to any
change being made.


 


(a)           the
Company will document the issue and distribute to the LESO points of contact
proposing an approach considered acceptable to all.


 


(b)           the
Company shall convene a meeting of the Network Planning Consultative Group as
soon as is reasonably practicable to


 


2

















 


discuss
the above, or solicit responses to the proposal, stipulating the required
response time according to the urgency of the issue considered.


 


(c)           the
Company will take into full consideration the views expressed by respondents,
subject to which, Clause 13.6(c), or Clause 20 of the LESO Agreement shall
apply as appropriate.


 


In all
cases the process will always be carried out in a transparent way and a
detailed written rationale will be made available to all LESOs, explaining in
detail the process used and the factors taken into account in reaching a
decision.


 


5.             SCOPE OF PROCEDURES


 


The main purpose of a Group Meeting is (i)
to consider the LES Operators’ views in relation to the restriction or
withdrawal of a Service (Clause 2.15) and (ii) to discuss the technical and
financial consequences of proposed changes or additions to the LES Technical
Criteria and Operating Procedures (Clause 20) and (iii) to consider the LES
Operators’ views in relation to the space segment planning and resource
allocation.  There will be no exchange
of information between the LES Operators, as well as with the Company
concerning their end-user prices, commercial policies, available capacities and
investments.  For the avoidance of
doubt, there is no intention for Group Meetings to be used as a mechanism to
coordinate commercial behaviour


 


3

















 


LES
Operator Agreement


 


ANNEX L


 


SATELLITE CHARACTERISTICS


 


(Clause 13.2
of this Agreement refers)


 


	
  Satellite

  	
   

  	
  Second

  Generation

  	
   

  	
  Third

  Generation

  	
   

  	
  Fourth

  Generation **

  	
   

  
	
  L-band Transponder:

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  • Receive passband
  (MHz) *

  	
   

  	
  1626.5 - 1649.5

  	
   

  	
  1626.5 - 1660.5

  	
   

  	
  1626.5 - 1660.5

  	
   

  
	
  • G/T (edge of
  coverage):

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  • global beam (dBK)

  	
   

  	
  -10

  	
   

  	
  -7.5

  	
   

  	
  -8.1

  	
   

  
	
  • spot beam (dBK)

  	
   

  	
  —

  	
   

  	
  -2.5

  	
   

  	
  0.9

  	
   

  
	
  • narrow spot beam
  (dBK)

  	
   

  	
  —

  	
   

  	
  -2.5

  	
   

  	
  7.4

  	
   

  
	
  • Transmit passband
  (MHz) *

  	
   

  	
  1530 - 1548

  	
   

  	
  1525 - 1559

  	
   

  	
  1525 - 1559

  	
   

  
	
  • EIRP (edge of
  coverage):

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  • all power in
  global beam (dBW)

  	
   

  	
  39

  	
   

  	
  44

  	
   

  	
  46.4

  	
   

  
	
  • all power in spot
  beam (dBW)

  	
   

  	
  —

  	
   

  	
  49

  	
   

  	
  58.2

  	
   

  
	
  • all power in
  narrow spot beam (dBW)

  	
   

  	
  —

  	
   

  	
  49

  	
   

  	
  67.1

  	
   

  
	
  C-band Transponder :

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  • Receive passband
  (MHz) *

  	
   

  	
  3600 - 3623

  	
   

  	
  3599 - 3629

  	
   

  	
  3550 – 3700

  	
   

  
	
  • G/T (edge of
  coverage, dBK)

  	
   

  	
  -13.0

  	
   

  	
  -13.0

  	
   

  	
  -10.0 / -13.0

  	
   

  
	
  • Transmit passband
  (MHz) *

  	
   

  	
  6425 - 6443

  	
   

  	
  6424 - 6454

  	
   

  	
  6425 – 6575

  	
   

  
	
  • EIRP (edge of
  coverage, dBW)

  	
   

  	
  24.0

  	
   

  	
  27.0  (per
  polarisation

  	
  )

  	
  31.0  (per
  polarisation

  	
   

  



 












* bandwidths actually used are subject to frequency
coordination constraints


 


** Critical Design Review (CDR) figures


 

















 


LES Operator
Agreement


 


ANNEX M


 


LES TECHNICAL PERFORMANCE OBJECTIVES


 


(Clause 8.1 of
this Agreement refers)


 


The LESO shall use reasonable endeavours to comply
with the following LES technical performance objectives:


 


1              LES AVAILABILITY


 


1.1           For
each Service offered by the LESO over any period of twelve (12) consecutive
months the minimum performance availability level of the LES shall be as
follows:


 


•      99.7% during the first year of commercial operation;


•      99.9% during subsequent years of commercial operation.


 


1.2           For
each Service offered by the LESO, the target performance availability level
shall be 99.95% over any consecutive period of six (6) months.


 


2              LES GRADE OF SERVICE (GOS)


 


The LESO shall take appropriate measures to
ensure that he can process traffic offered to his LESs, such that the GOS
(defined as the number of calls congested due to lack of LES capacity, relative
to the number of successful calls in any hour) does not exceed 4% on a regular
basis.


 


3              DEFINITIONS


 


3.1           Bouncing
Busy Hour (BBH) is the average of the 3 highest busy hours of traffic in 3 days
in a month.  The busy hour is the
continuous 1-hour period lying wholly in the time interval concerned for which
the traffic or number of call attempts is greatest.


 


3.2           The
Company will develop a fixed reporting format, in consultation with LESOs, with
unambiguous definitions for each performance level.


 

















 


LES Operator
Agreement


 


ANNEX N


 


NETWORK PERFORMANCE OBJECTIVES


 


(Clause 13.2
of this Agreement refers)


 


The Company shall use its reasonable endeavours to
achieve the following network performance objectives, including the Satellites:


 


1              SATELLITE AVAILABILITY


 


1.1           The
minimum performance level for satellite availability shall be 99.9% per annum.


 


1.2           The
target performance level for satellite availability shall be 99.99% per annum.


 


2              SATELLITE CAPACITY GRADE OF SERVICE (GOS)


 


2.1           The
Company will manage the satellite capacity grade of service to deliver, so far
as is possible, a commercially acceptable level of congestion, using the
following process:


 


a)             Every
day a congestion percentage will be derived for each hour of the previous day
and for each separately accountable combination of Satellite, beam and Service.
The congestion percentage will be the number of Satellite congestion reports,
with redialling removed, divided by the number of successful calls.


b)            Any
hour in which any congestion percentage exceeds 4% will trigger a further
investigation for the Satellite, beam and Service concerned.


c)             The further
investigation will consider whether other hours on the same day are similarly
showing congestion and/or whether there has been similar congestion, at a
static or an increasing level, on previous days.


d)            If
the further investigation leads to the conclusion that additional capacity
should be provided, changes will be made to the frequency plans, as far as is
possible, to add that capacity.


e)             In
cases of conflict, where to relieve congestion in one area would increase it
elsewhere, the following guidelines will be applied:


 


(i)            The
Company will use all reasonable endeavours to apply equitable criteria for the
allocation of resources between Services and other services that may be carried
over the


 

















 


Company’s Space Segment.  An expanded constellation and service
portfolio will require flexibility in the management of the space segment
resources and it is recognised that potential conflicts between continuity of
Services, Leases, R-BGAN, BGAN and the evolving commercial priorities of the
business must be taken into account.


 


(ii)           If,
for any reason, including but not limited to changing traffic patterns,
spectrum and/or power availability or Satellite failure, the Company is unable
to provide an acceptable grade of service for Services and all other services,
Inmarsat will conduct a consultation process with all interested parties
following the procedure described in Annex K section 3.1 or
Section 4.1.  to seek an approach
in relation to the management of the Space Segment that will be generally
acceptable to all interested parties.


 


(iii)          If the
consultation fails to produce agreement on an agreed course of action, from Inmarsat and from all
interested parties attending who between them provide
fifty one (51%) of the Company’s total revenues derived from all services in
the twelve (12) months immediately preceding the date of the meeting, the
Company will establish revised criteria for the allocation of resource taking
into account the following:


 


•      Distress and Safety Obligations


•      Provision of a similar grade of
service for
all impacted services,
to the extent technically and practically feasible


•      Commercial, business, economic
and strategic impacts of the decision


•      Optimisation of all parties’
revenues (including LESOs and partners in relation to other services)


•      the Company’s strategic plan


•      Long Term efficient use of
resources


•      Views expressed by participants
in the consultation process.


 


The prioritisation of the above principles will
have to be decided according to the specific situation. However, given no
overriding considerations, space segment capacity shall be based on maintaining
priority for distress and safety communications followed by humanitarian and
operational communications.


 


In all cases the process will always be
carried out in a transparent way and a detailed written rationale will be made
available to all LESOs, explaining in detail the process used and the factors
taken into account in reaching a decision.


 


2

















 


3              NETWORK AVAILABILITY


 


3.1           The
minimum performance level for network availability shall be 99.9% over any time
period, with a minimum of 3 months.


 


3.2           The
target performance level for network availability shall be 99.96% over any time
period, with a minimum of 3 months.


 


4              DEFINITIONS


 


4.1           Network
Availability is determined by factors affecting the Company’s operations
infrastructure including network coordination station (NCS) equipment, NCS site
conditions (weather, interference, etc.), NCS back-up provisions, automatic
frequency compensation (AFC) equipment, AFC site conditions, AFC back-up
provisions.


 


3

















 


LES Operator Agreement


 


ANNEX Q


 


POINTS OF SERVICE ACTIVATION CRITERIA


 


(Clause 5 of
this Agreement refers)


 


In accordance with Clause 5.2 of the Agreement, the
Company shall impose on every Point of Service Activation (PSA), as a condition
of the PSA’s initial appointment or continued status as a PSA, the following
criteria (collectively the “PSA Criteria”):


 


(A)          The PSA
shall comply with all national laws and regulations applicable to it and shall
ensure that each end-user that commissions its mobile earth station through the
PSA (the “MES Owner/Operator”) certifies to the PSA that it complies with
applicable national laws and regulations.


 


(B)           The
PSA shall ensure that, as a condition of commissioning a mobile earth station,
the MES Owner/Operator has signed the Company’s Terms and Conditions for the
Utilisation of the Inmarsat Space Segment, which shall include, inter alia,
the following:


 


(i)            waivers
of financial liability of the Company and the LESO and other LES Operators for
claims arising from unavailability, degradation or failure of the Space
Segment, any land earth station or any other telecommunications failure;


 


(ii)           an
explicit acknowledgment that the personal and corporate details of the MES
Owner/Operator may be disclosed to the LESO for the purpose of debt collection
in the event that the LESO is unable to collect an outstanding debt from the
Accounting Authority or other responsible billing entity identified in the MES
Owner/Operator’s commissioning application; and


 


(iii)          a
requirement that the MES Owner/Operator to notify the PSA immediately in the
event of any changes in the particulars of the MES Owner/Operator, including
but not limited to, billing details, relationship with an AA or ISP, equipment
and service details, and contact person for distress and safety purposes,
failing which the MES Owner/Operator’s service may be terminated without
notice.


 


(C)           The
PSA shall strictly adhere to the procedures for registration, activation,
deactivation and barring as defined in the Company’s Service Activation Manual,
as amended from time to time.


 


(D)          The PSA
shall not submit an application to activate a mobile earth station to the
Company unless and until the PSA has undertaken reasonable steps to


 

















 


confirm as correct the MES Owner/Operator
details, such as name, address and contact details, that are set forth on each
MES Owner/Operator’s service activation application; and the Company shall not
activate an MES Owner/Operator unless the Company has received acknowledgment
by the PSA that it has undertaken reasonable steps to confirm such information
to be correct.


 


(E)           The
PSA shall maintain the integrity of the database by informing the Company,
through ESAS or otherwise, within one (1) Business Day after obtaining
notification of the changes from the MES Owner/Operator and ensuring that the
changes have been verified to be correct.


 


(F)           The
PSA shall not submit an application to activate a mobile earth station to the
Company unless the PSA obtains written verification that each MES
Owner/Operator has appointed a valid AA, ISP or other entity that has been
approved by the Company;  that the named
AA, ISP or approved entity has acknowledged in writing that it accepts the
financial responsibility for settling traffic accounts for the mobile earth
station(s) set forth in the MES Owner/Operator’s service application and
acknowledges that the Company will provide the personal or corporate details of
the MES Owner/Operator to the LESO or other LES Operator for debt collection
purposes in the event that the LESO or other LES Operator is not paid by the
AA, ISP or other approved entity in question for a period of more than thirty
(30) days beyond the date on which such payment should be rendered under
applicable regulations.


 


(G)           The
PSA should ensure that when an MES Owner/Operator discontinues the Account with
an AA or an ISP,  the Owner/Operator
shall immediately provide a replacement AA or ISP otherwise the MES shall be
deactivated by the PSA.


 


(H)          The PSA
shall maintain and secure the pool of IMNs as provided by the Company and shall
not issue an IMN to an MES Owner/Operator until the MES Owner/Operator has
signed the Inmarsat Terms and Conditions for Utilization of Space Segment and
its service application has been approved.


 


(I)            The
PSA shall not approve the application of an MES Owner/Operator until it has
completed all of the procedures required by paragraphs (A)-(H) above, failing
which the PSA shall accept financial responsibility to the LESO for any
end-user whose end-user charges are uncollectible due to the failure of the PSA
to implement the procedures (A) - (H) required herein with respect to such
end-user.  The PSA shall transmit the
service activation information to the Company without delay following the
approval of an application.


 


(J)            The
PSA shall transmit service activation information, including verification of
the items required to be verified hereunder (e.g., verification of an existing
relationship with a valid AA or ISP, etc.), by using electronic means such as
Electronic Service Activation System (ESAS) or by any other system provided
that the information transmitted follows the format defined by the Company.


 


2

















 


(K)          The PSA
shall immediately notify the Company of any proven or suspected case of
fraudulent use of the Inmarsat system, and of any MES reported stolen from, or
lost by, its owner.


 


(L)           The
PSA shall release, on a confidential basis, to the appropriate authorities,
such commercial and operational data as may be relevant to the investigation of
any case of fraudulent use of the Inmarsat system, and of cases involving a
stolen MES.


 


(M)         The PSA
shall implement all agreed operational procedures relevant to the management
and monitoring of fraud, including the implementation of specific
recommendations and measures, as maybe introduced or amended by the Company
from time to time.


 


(N)          The PSA
shall acknowledge that the Company may distribute operational information
including, but not limited to, the IMNs, terminal/SIM model, services, serial
number, billing data, to the LESO or other LES Operators, MES Manufacturers and
Rescue Coordination Centres.


 


(O)          The PSA
shall ensure that when an MES is installed on a ship or aircraft, or when it is
being used on land in remote areas, where no other means of communication are
available, that it shall not conduct a deactivation of the MES unless the Owner/Operator
has been notified in accordance with the procedure set out in Annex A.


 


3

















 


LES Operator
Agreement


 


ANNEX R


 


TECHNOLOGICAL FRAUD PREVENTION PROCEDURES


 


(Clause 6 of
this Agreement refers)


 


1              General Requirements


 


1.1           The
LESO shall submit (and provide updates when necessary) to the Company the
name(s) and contact numbers of at least two persons who are authorised by the
LESO to:


 


(i)            receive
from the Company notification and information on fraud and suspected fraud;


 


(ii)           act on
the information received;


 


(iii)          bar/unbar,
and activate/deactivate the automatic blocking function in the Company Terminal
Finger Printing System (TFPS);


 


(iv)          provide
additional information that may be used in the investigation of fraud to the
Company such as the ‘called’ numbers, etc.;


 


(v)           provide
substantiating proof to the Company that the fraud has been committed; and


 


(vi)          keep
the Company informed of any changes in the LESO-contact details.


 


1.2           The
Company shall provide the notification of information on fraud to the LESO
primarily by telephone or fax, with confirmation through electronic means, such
as the Electronic Service Activation System (ESAS).  If the information was initially provided by telephone and was
subsequently sent by fax or through electronic means, the effective date of the
message shall be the date when the fax or electronic message was sent out.


 


2              The LESO shall:


 


2.1           notify
the Company immediately of any proven or suspected case of fraudulent use of
the Company system;


 


2.2           release
to the appropriate authorities, on a confidential basis and subject to national
law, all commercial and operational data relevant to the investigation of any
case of fraudulent use of the system.


 

















 


2.3           implement
all agreed operational procedures relevant to the management and monitoring of
fraud, including the implementation of specific recommendations and measures,
as maybe amended from time to time in accordance with Clause 16.


 


2.4           implement
appropriate and commercially reasonable security measures that will limit
access to the physical and logical location of the system IDs and other related
service activation information.


 


2.5           immediately
notify the Company of any breach of security and provide details of any sensitive
data which may have been compromised.


 


2.6           initiate
investigations and respond within 24 hours after the information has been
provided by the Company on suspected occurrence of fraud, or reports of changes
in behavioural patterns, and keep the Company informed of the progress of those
investigations.


 


2.7           assist
the Company in a timely manner in investigating fraud committed against the
network which may include:


 


(i)            calling
the owner or operator of the MES to verify the call, and/or


 


(ii)           providing
information such as called numbers, country of destination (where release of
such information is permitted) and other relevant information that may
facilitate the resolution of fraud,


 


(iii)          facilitating
where practical and permissible the use of LES resources in order to monitor
fraudulent activities.


 


2.8           following
on from 2.7(i), where permissible under the applicable national law and
regulation, provide the following information to the Company if the MES owner
verified the call to be invalid or fraudulent, that is, made by another MES:


 


•    called number


•    country of destination of the call


•    other information that could help the Company in helping the LESO to
identify the Clone.


 


2.9           ensure
that contracted ISPs comply with the technological fraud prevention procedures
as defined in this document.


 


2.10         implement
all the provisions for preventing technological fraud as provided in the LES
Technical Criteria and Operating Procedures.


 


2

















 


2.11         take
commercially reasonable steps to develop and operate any fraud prevention
measures and monitoring tools that would include identifying and monitoring
calls to a ‘hot’ number, i.e. destination number that is used for fraud, and if
commercially reasonable to do so, to automatically block calls to this number.


 


2.12         cooperate
with the Company to develop additional, cost-effective technological fraud
prevention procedures in the future.


 


3

















 


LES Operator
Agreement


 


ANNEX S


 


INMARSAT MARKS


 


(CLAUSE 18.2)


 





 





 





 

















 


Annex T


 


TRADE MARK LICENCE AGREEMENT


 


 


Inmarsat Limited


 


and


 


[LESO]


 

















 


TRADE MARK LICENCE AGREEMENT


 


This Agreement is made on
this                  day
of February 2004.


 


Between


 


(1)           Inmarsat Limited, a company incorporated under the laws of England and Wales, with
registered company number 3675885 whose registered office at headquarters is 99
City Road, London EC1Y 1AX (“the Licensor”); and


 


(2)           [Name of LESO] with
its [registered office]/ [place of business] at [address] (“the Licensee”).


 


Whereas


 


A.           The
International Mobile Satellite Organization (“the Organization”), an
international organization established by the Convention on the International
Maritime Satellite Organization, is the registered proprietor of the trade mark
INMARSAT and has granted to the Licensor a licence to use the trade mark,
together with the right to appoint sub-licensees of the trade mark.


 


B.            The
Organization has sought and obtained protection for the trade mark INMARSAT in
1981 and 1998 pursuant to Article 6ter of the Paris Convention for the
Protection of Industrial Property, as revised at Lisbon on 31st
October 1958 and at Stockholm on 14 July 1967 (the
“Paris Convention”).


 


C.            Inmarsat
(IP) Company Limited is the proprietor of the trade mark Inmarsat LOGO, as well
as other key trade marks used by the Licensor (collectively, “the Inmarsat
Marks”) and has granted to the Licensor a licence to use the Inmarsat LOGO and
the Inmarsat Marks, together with the right to appoint sub-licensees of these
trade marks.


 


D.            The
Licensor and the Licensee entered into an agreement for the provision of
telecommunication services by the Licensee via the Space Segment on 15
April 1999 (“the LESO Agreement”) pursuant to which the Licensor granted a
licence to the Licensee to use the Inmarsat Marks (as therein defined) and
procured from the Organization authorisation for the use of the trade mark
INMARSAT pursuant to the Paris Convention.


 


E.            The
Initial Term of the LESO Agreement expires on 14 April 2004.  The Parties wish to enter into an Extended
Term to commence on 15 April 2004 and the Licensor wishes to grant a
further licence to the Licensee to use INMARSAT, the Inmarsat LOGO and the
other Inmarsat Marks accordingly, pursuant to the terms set out in this
Agreement.


 


The Parties Hereby Agree as Follows:


 

















 


1.             Definitions and interpretations


 


1.1           In
this Agreement, the following expressions shall have the respective meanings
assigned to them:


 


“Affiliate” means an “affiliate” of, or
a Person “affiliated” with, a specified Person, and is a Person that directly,
or indirectly through one (1) or more intermediaries, controls, or is
controlled by, or is under common control with, the specified Person.  For purposes of the foregoing, “control”
(including the terms “controlling,” “controlled by,” and “under common control
with”) means the possession, direct or indirect, of the power to direct or
cause the direction of the management and policies of a Person, whether through
the ownership of voting securities or by contract.


 


“Extended Term” means the same as
Extended Term in the LESO Agreement.


 


“Initial Term” means the same as
Initial Term in the LESO Agreement.


 


“INMARSAT” shall mean the trade mark
owned by the Organization and licensed to the Licensor whose registration
details are contained in Annex 1, together with the applications for
registration that have been made by the Organization (from time to time amended
by the Licensor) and the rights in the trade mark as yet unregistered or
applied for.


 


“Inmarsat LOGO” shall mean the trade
mark owned by Inmarsat (IP) Company Limited and licensed to the Licensor whose
registration details are contained in Annex 2, together with the applications
for registration that have been made by Inmarsat (IP) Company Limited (from
time to time amended by the Licensor) and the rights in the trade mark as yet
unregistered or applied for.


 


“Inmarsat Marks” shall mean the
trade marks owned by Inmarsat (IP) Company Limited and licensed to the Licensor
whose registration details are contained in Annex 3, together with the
applications for registration that have been made by Inmarsat (IP) Company
Limited (from time to time amended by the Licensor) and the rights in those
trade marks as yet unregistered or applied for.


 


“Trade Marks” shall mean
collectively the trade marks INMARSAT, the Inmarsat LOGO and the Inmarsat Marks
whose registration details are listed in Annexes 1, 2 & 3 (as from time to
time amended by the Licensor) together with all other trade marks as yet
unregistered or applied for that the Licensor has been authorised by the
Organisation or licensed by Inmarsat (IP) Company Limited to use and
sub-licence to third parties.


 


“Reseller” means the same as
Reseller in the LESO Agreement.


 


“Services” means the same as Services
in the LESO Agreement.


 


“Space Segment” means the same as
Space Segment in the LESO Agreement.


 


“Territory” means collectively, the
Registered and Unregistered Territory(s) for the Trade Marks.


 


3

















 


“Registered Territory” means the
countries specified in Annexes 4.1(a), 4.2(a), 4.3(a) and 4.4 (a) (as from time
to time amended by the Licensor) to this Agreement in relation to the Trade
Marks.


 


“Unregistered Territory” means the
countries specified in Annexes 4.1(b), 4.2(b), 4.3(b) and 4.4(b) (as from time
to time amended by the Licensor) to this Agreement in relation to the Trade
Marks.


 


“Year” means each period of twelve
(12) calendar months commencing on the date of this Agreement or any
anniversary of the date of this Agreement.


 


1.2           The
headings in this Agreement are for ease of reference only and shall not affect
its construction.


 


1.3           In
this Agreement, if the context so requires, references to the singular shall
include the plural and vice versa.


 


1.4           Unless
otherwise stated, a reference to a recital, clause (or sub-clause) or an Annex
is a reference to a recital, clause (or sub-clause) of this Agreement or an
Annex to this Agreement.


 


1.5           Any
reference to a “person” includes a natural person, firm, partnership, company,
corporation, association, organisation, government, state, foundation and trust
(in each case whether or not having a separate legal personality).


 


2.             Licence and Paris Convention
Authorisation


 


2.1           Subject
to Clause 2.2 below, in consideration of the premises hereinafter contained,
the LESO Agreement, and other valuable consideration, the Licensor hereby
grants to the Licensee, and the Licensee hereby accepts, a non-exclusive
licence on a royalty-free basis to use the Trade Marks  (in accordance with the Licensor’s
directions) on or in relation to the Services for the promotion, distribution
and sale of the same in the Territory on the terms and conditions set out in
this Agreement and for no other purpose, as from the Commencement Date of the
extension of the LESO Agreement.


 


2.2           As a
precondition to the Licensor authorising the Licensee to use the trade mark
INMARSAT for the purposes of the Paris Convention on behalf of the
Organization, the Licensee shall promptly (and in any event, within 7 days of
the date hereof) execute and deliver to the Licensor as agent for the
Organization a side letter in substantially the form set out in Annex 5 (the
“Side Letter”).  The Licensee shall not
be deemed to be authorised by the Licensor to use the trade mark INMARSAT as
one of the Trade Marks for the purposes of the Paris Convention, and the
licence granted pursuant to Clause 2.1 above shall not be effective in so far
as it relates to the trade mark INMARSAT as one of the Trade Marks, until the Side
Letter has been received by the Licensor.


 


2.3           On
request of the Licensee, the Licensor will grant to the Licensee’s Resellers
licenses of the Trade Marks on terms substantially the same as the terms of
this Agreement.


 


4

















 


3.             Use of the Trade Marks


 


3.1           Any
use by the Licensee of the Trade Marks shall be in the form stipulated by the
Licensor and the Licensee shall observe the directions given by the Licensor as
to colours used and size of the Trade Marks and their manner, disposition and
presentation in respect of the Services and any accompanying materials.


 


3.2           Whenever
the Trade Marks are used by the Licensee, it shall, if requested to do so by
the Licensor, attach to the Trade Marks wording to show that they are
registered trade marks used by the Licensee with the permission of the
Licensor.


 


3.3           The
use of the Trade Marks by the Licensee shall at all times be in keeping with
and seek to maintain their distinctiveness and reputation as determined by the
Licensor, and the Licensee shall forthwith cease any use which is not
consistent therewith as the Licensor may require.  In particular, the Licensee shall not use the Trade Marks in any
way that would tend to allow them to become generic, lose their distinctiveness,
become liable to mislead the public, or be materially detrimental to or
inconsistent with the good name, goodwill and image of the Licensor or the
Organization.


 


3.4           The
Licensee acknowledges and agrees that the exercise of the licence granted under
this Agreement is subject to all applicable laws, enactments, regulations and
other similar instruments in the Territory. 
The Licensee further understands and agrees that it shall at all times
be solely liable and responsible for compliance with all applicable laws,
enactments, regulations and other similar instruments in the Territory with
respect to advertising and promotion which make use of the Trade Marks or any
of them.  For the avoidance of doubt,
nothing in this clause imposes any liability or responsibility on the Licensee
for infringement of third party intellectual property rights in the Territory
resulting from the use of the Trade Marks in accordance with the terms of this
Agreement unless, pursuant to Clause 8.6, the Licensee had prior knowledge of
the existence of such rights.


 


3.5           The
Licensee shall, upon the Licensor’s request from time to time, provide such
assistance and information as the Licensor shall require in order to enable it
to audit the use made of the Trade Marks to enable it to enforce its rights to
maintain quality control hereunder and, in relation to the trade mark INMARSAT,
to enable it to enforce those obligations contained in the Side Letter as agent
for the Organization.


 


3.6           The
Licensor shall make available to the Licensee all information and supply all
materials, including the System Definition Manuals (SDMs), which are reasonably
necessary to enable the Licensee to meet the Licensor’s standards and
specifications.


 


3.7           Nothing
in this Agreement shall entitle the Licensee to use the Trade Marks as part of
any corporate business or trading name or style of the Licensee or to adopt the
Trade Marks as domain names.


 


3.8           No
goodwill shall be deemed to pass to the Licensee from its use of the Trade
Marks.


 


5

















 


3.9           It
shall be a condition of this Agreement that the Licensee shall at all times
observe the relevant provisions of the LESO Agreement, in particular but
without limitation, Clause 2.6 thereof relating to the Licensee’s provision of
Services, and Clause 8.1 thereof relating to the Licensee using reasonable
endeavours to comply with the minimum LES Technical Performance Objectives
annexed to that Agreement.


 


4.             Advertising and Promotion


 


The Licensee
may use the Trademarks in the promotion and sale of the Services (including the
company brochures, literature, advertising/promotional materials, stationery
and use on websites).  The Licensor
shall have the right to approve all materials on which the Trademarks appear in
order to ensure the proper use of the Trademarks, which approval shall not be
unreasonably withheld.  One sample of
each form used by the Licensee of advertising and promotional materials
containing the Trademarks shall be furnished to the Licensor on a pre-approval
basis.  The Licensee specifically
undertakes to amend within 30 days and to the satisfaction of the Licensor, any
such materials that are not approved by the Licensor should use of the
Trademarks not conform to proper use standards required under the trade mark
laws of any of the countries comprising the Territory, or to protect the
validity of the Trademarks.


 


5.             Ownership of the Trade Marks


 


5.1           The
Licensee acknowledges that the Trade Marks and the goodwill associated therein
are the exclusive property of Inmarsat (IP) Company Limited and the
Organization and are licensed to the Licensor.


 


5.2           The
Licensee further acknowledges that all use by the Licensee of the Trade Marks
and all rights and goodwill attaching to or arising out of such use, will inure
to the benefit of the Licensor, Inmarsat (IP) Company Limited and/or the
Organization.  The Licensee shall at any
time, at the request and expense of the Licensor, whether during or after the
term of this Agreement, execute such assignments, assurances or other documents
as shall be reasonably required by the Licensor, Inmarsat (IP) Company Limited
or the Organization to give effect to the provisions of this paragraph.


 


5.3           The
Licensee will not make any representation or do any act which indicates that it
has title to or ownership of the Trade Marks, or claim any rights in or to the
Trade Marks, except as authorised by the terms of this Agreement.  In particular, but without limitation, the
Licensee shall not represent its use of the Trade Marks as indicating or
holding out that a legal partnership arrangement exists between the Licensor,
Inmarsat (IP) Company Limited or the Organization and the Licensee or that any
other relationship exists between the parties other than that of licensor and
licensee (or sub-licensee, as appropriate).


 


5.4           The Licensee shall, subject
to the payment by the Licensor of any reasonable expenses incurred thereby,
render assistance to the Licensor, if required, in maintaining registered trade
mark protection for the Trade Marks and for the purpose of enabling Inmarsat
(IP) Company Limited and the Organization to register in the Territory any or
all of the Trade Marks and for the purpose of applying for the same on behalf
of Inmarsat (IP) Company Limited or the Organisation.  Such assistance shall include, but not be limited to,


 


6

















 


providing to
the Licensor such details of the Licensee’s use of the Trade Marks as the
Licensor may require together with, at the request and reasonable expense of
the Licensor, the execution of all documents that may be reasonably required to
give effect to the provisions of this paragraph.


 


5.5           For the purposes of
enabling the Licensor, Inmarsat (IP) Company Limited or the Organization to
register any new or amended trade marks the Licensee shall enter into the form
of amendment letter as set out in Annex 6, and at the request and expense of
the Licensor do all acts and execute all documents that may reasonably be
required by the Licensor to give effect to this clause.


 


5.6           The Licensor shall make
available to the Licensee, on reasonable notice, during office hours, copies of
the current Annexes as shall apply from time to time.


 


6.             Infringement


 


6.1           If the
Licensee becomes aware of any actual or suspected infringement of the Trade
Marks or any other unauthorised use of the Trade Marks in the Territory by a
third party it shall immediately inform the Licensor in writing, giving full
particulars of the actual or suspected infringement or unauthorised use.


 


6.2           The
Licensor, at its sole discretion, shall take whatever action it considers
necessary in relation to any actual or suspected infringement or unauthorised
use.  If the Licensor decides to take
action of any kind, the Licensor shall have sole control of the conduct of such
action.  The Licensor shall bear the
entire costs and expense associated with the conduct of any such action, and
any recovery or compensation that may be awarded as a result of such action,
including but not limited to any settlement that may be reached, shall belong
to the Licensor.


 


6.3           The
Licensee, if called upon in writing by the Licensor, shall cooperate fully with
the Licensor at the Licensor’s sole expense, in the conduct of such
action.  Such cooperation shall not entitle
the Licensee to any claim for recovery or compensation in respect thereof and
all such recovery or compensation shall belong solely to the Licensor as stated
in Clause 6.2 above.


 


7.             Infringement Action Against the Licensee


 


7.1           The
Licensee acknowledges that the Licensor has not registered the Trade Marks in
the Unregistered Territory and has not undertaken searches in respect of each
trade mark constituting the Trade Marks to establish whether any party has
registered or makes use of the same in the Unregistered Territory.


 


7.2           If the
Licensee is or becomes aware of any registered or unregistered trade marks in
the Unregistered Territory at the commencement of, or during, the term of this
Agreement that conflict with the Trade Marks, the Licensee shall promptly
notify the Licensor in writing of such trade mark(s).


 


7

















 


7.3           If
legal action is commenced or threatened against the Licensee as a result of its
authorised use of the Trade Marks, the Licensee shall also promptly notify the
Licensor in writing.


 


7.4           Upon receipt of written
notice of any legal action related to any claim, suit or demand made against
the Licensee for its use of the Trade Marks in the Territory in accordance with
the terms of this Agreement, the Licensor, at its sole discretion and expense,
shall take whatever steps it deems necessary to protect and defend the Licensee
against such claim, suit or demand or address the claim of the third party in
accordance with Clause 7.5 below.  The Licensee
shall have no authority to settle or compromise any such claim and the Licensor
shall enjoy any recovery or settlement awarded or otherwise received in respect
of such claim.  The Licensor shall have
the authority to settle or compromise any such claim provided, however, that
the consent of the Licensee shall be required if any settlement or compromise
provides for non-monetary relief against the Licensee.  For the avoidance of doubt, the Licensor
shall be solely liable for any monetary damages resulting from or arising out
of any claim, suit or demand made against the Licensee for its use of the Trade
Marks in the Territory in accordance with the terms of this Agreement where the
Licensee is required under the terms of the LESO Agreement and/or the Commercial
Framework Agreement to use the Trade Marks in connection with the Services
and/or the Inmarsat Services, as the case may be, provided that the Licensor
has received notice of such claim from the Licensee.


 


7.5           Where a claim is made for
an alleged infringement arising from use of the Trade Marks in an Unregistered
Territory, the Licensor shall use all reasonable endeavours to negotiate a
licence or other agreement with the claimant to resolve the alleged
infringement if necessary.  The Licensee
acknowledges that if the Licensor is unable to negotiate a licence or to
resolve the alleged infringement, the Licensee may be required to cease use of
the Trade Marks in the Unregistered Territory. 
Where, in order for the Licensee to continue using the Trade Marks, a
licence fee is levied by a third party in settlement of any alleged
infringement, the Licensee may elect to either pay such licence fee or to cease
to use the marks in the relevant Unregistered Territory.


 


8.             Disclaimers and Warranties


 


8.1           Whilst
the Licensee acknowledges and agrees that nothing in this Agreement implies
that any trade mark applications listed in Annexes 1, 2 or 3 shall proceed to
grant or that any registrations listed in those Annexes shall be valid, the
Licensor represents and warrants that the said trade marks are registered in
the countries listed.


 


8.2           The
Licensor makes no representation or warranty with respect to the use of the
Trade Marks in relation to the Services and disclaims to the fullest extent
permitted by law all liabilities that may arise from any Services rendered
using the Trade Marks.


 


8.3           The
Licensor makes no representation or warranty with respect to the existence of
possible third party rights in the Trade Marks or similar marks in the
Territory.  The Licensor makes no
representation or warranty that the use of the Trade Marks by the Licensee in
the Territory shall not infringe the rights of any third party.


 


8

















 


8.4           The
Licensee warrants that it will use the Trade Marks only as authorised under
this Agreement, and that it will comply with and follow all appropriate laws,
regulations, guidelines, rules and practices, (including the standards of any
appropriate professional association) in the Territory with respect to its use
of the Trade Marks in relation to the Services.


 


8.5           The Licensee shall
indemnify and keep indemnified the Licensor, the Organization and their
Affiliates, assigns and successors, against any and all claims (whether
threatened or actual), losses, damages, liabilities, costs, penalties, fines
and expenses (including without limitation legal expenses) resulting from or
arising out of the performance or non-performance by the Licensee of this
Agreement, or resulting from any claim by any third party (including any
governmental authority) relating to the distribution, sale, advertising or use
of the Services provided using the Trade Marks.


 


8.6           The
Licensor shall indemnify and keep indemnified the Licensee, and its Affiliates,
assigns and successors, against any and all claims (whether threatened or
actual), losses, damages, liabilities, costs, penalties, fines and expenses
(including without limitation legal expenses) resulting from or arising out of
the performance or non-performance by the Licensor of this Agreement, provided
always that the indemnity under this Clause 8.6 shall not apply to the extent
that the Licensee has actual knowledge that its use of the Trade Marks violates
the trade mark rights of another person or infringes any other third party
rights in the Unregistered Territories.


 


9.             Term and Termination


 


9.1           This
Agreement shall commence on the commencement of the Extended Term and shall
continue in force until termination or expiration of the LESO Agreement in
accordance with the terms thereof, unless earlier terminated in accordance with
Clause 9.2 below.


 


9.2           Either
party may terminate this Agreement without prejudice to any of its other
remedies under this Agreement forthwith by notice in writing to the other if:


 


(a)           the other party is in
material breach of the terms of this Agreement, and has not remedied the breach
within one (1) month of having been given notice in writing specifying the
breach; or


 


(b)           the
other party becomes insolvent or is unable to pay its debts in the ordinary
course of business;


 


9.3           The
Licensor may terminate this Agreement without prejudice to any of its other
remedies under this Agreement forthwith by notice in writing to the Licensee
if:


 


(a)           the
Licensee takes any action that would or might invalidate or put into dispute
the Licensor’s, Inmarsat (IP) Company Limited’s or the Organization’s (as the
case may be) title in the Trade Marks or any of them, or assists any other
person directly or indirectly in any such action;


 


(b)           the
Licensee takes any action that would or might invalidate any registration of
the Trade Marks or any of them, or assists any other person directly or
indirectly in any such action; or


 


9

















 


(c)           the
Licensee takes any action that would or might support an application to remove
any of the Trade Marks from the registers of the Registered Territory or
elsewhere, or assists any other person directly or indirectly in any such
action.


 


9.4           Upon
the expiry or termination of this Agreement, for whatever reason, the Licensee
shall:


 


(a)           immediately
cease its use of the Trade Marks, and shall have no further right to use the
Trade Marks, except as otherwise specified under this Clause.  The Licensee shall dispose of all
promotional and other materials bearing or relating to the Trade Marks in
accordance with the Licensor’s instructions;


 


(b)           execute
all documents necessary for cancellation of the Licensee as a registered user
or registered licensee and refrain from engaging in any act that would lead a
person to think that the Licensee is still associated or connected with the
Licensor.


 


10.          Assignment


 


The Licensee may not assign any of its
rights or delegate any of its duties under this Agreement to any third party
without the prior written consent of the Licensor.


 


11.          Force Majeure


 


Neither party shall be liable for delay in
performance or failure to perform in whole or in part any term of this
Agreement due to strike, labour dispute, acts of war, labour shortage, riot or
civil commotion, acts of public enemy, fire, flood, act of God or other act
beyond the control of such party provided that, if the period of default
exceeds thirty (30) days, the other party may, at the expiry of that period,
terminate this Agreement forthwith by notice in writing.


 


12.          Entire Agreement


 


This Agreement and its Annexes constitute
the entire agreement between the parties and supersede any prior oral or
written agreements between the parties. 
Any modification of this Agreement shall be effective only if agreed in
writing and signed by both parties.


 


13.          Waiver


 


No failure or delay to enforce any
provision of this Agreement shall be construed as a waiver thereof or as a
waiver of any other provision contained herein.


 


14.          Notices


 


14.1         Any
notice or other document to be given under this Agreement shall be in writing
and shall be deemed fully given:


 


10

















 


(a)           if left at or sent by (i)
first class post or airmail, or (ii) telex, or (iii) facsimile transmission or
other means of telecommunication in permanent written form to the address shown
on the face hereof or any other such address and/or number as either party may,
by notice to the other, expressly substitute therefore; and


 


(b)           when in the ordinary course
of the means of transmission, it would first be received by the addressee in
normal business hours.


 


14.2         In
proving the giving of a notice, it shall be sufficient to prove that the notice
was left or that the envelope containing such notice was properly addressed and
despatched or, as the case may be, electronically acknowledged.


 


15.          Severance


 


To the extent permitted by law, all
provisions of this Agreement shall be severable and no provision shall be
affected by the invalidity of any other provision.


 


16.          Counterparts


 


This Agreement may be executed in
counterparts, each of which shall be deemed an original.


 


17.          Governing Law and Jurisdiction


 


This Agreement shall be interpreted in all
respects under English law.  The parties
hereby submit to the exclusive jurisdiction of the English Courts for the
determination of any question or dispute arising in connection with this
Agreement.


 


11

















 


In Witness Whereof, the parties hereto
have caused their duly authorised representative to sign this Agreement on
their behalf the day and year first above written.


 


 


	
  Signed by Michael Butler

  	
  )

  	
   

  
	
  duly authorised for and

  	
  )

  	
   

  
	
  on behalf of

  	
  )

  	
   

  
	
  Inmarsat Limited

  	
  )

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Signed by

  	
  [            ]

  	
  )

  	
   

  
	
  duly authorised for and

  	
  )

  	
   

  
	
  on behalf of

  	
  )

  	
   

  
	
  [            ]

  	
  )

  	
   

  	
   

  
					



 


12

















 


ANNEX 1


 


INMARSAT (word)


 





 


(a)           Registered
Trade Marks - INMARSAT (word)


 


	
  Classes of
  goods/services

  	
   

  	
  Country

  	
   

  	
  Registration
  No.

  
	
  9

  	
   

  	
  Australia

  	
   

  	
  A581426

  
	
  38

  	
   

  	
  Australia

  	
   

  	
  A581427

  
	
  9,38,42

  	
   

  	
  Benelux

  	
   

  	
  502367

  
	
  9

  	
   

  	
  Brazil

  	
   

  	
  817314946

  
	
  9,38

  	
   

  	
  Canada

  	
   

  	
  691585

  
	
  9

  	
   

  	
  China

  	
   

  	
  1048447

  
	
  38

  	
   

  	
  China

  	
   

  	
  1097556

  
	
  9,38

  	
   

  	
  European Community*

  	
   

  	
  88781

  
	
  9,38

  	
   

  	
  France

  	
   

  	
  1668587

  
	
  9,38

  	
   

  	
  Germany

  	
   

  	
  2034731

  
	
  26 (nat. class)

  	
   

  	
  Japan

  	
   

  	
  2610328

  
	
  38

  	
   

  	
  Japan

  	
   

  	
  3052827

  
	
  9,38

  	
   

  	
  Norway

  	
   

  	
  182478

  
	
  9,38

  	
   

  	
  Russia

  	
   

  	
  154171

  
	
  38

  	
   

  	
  Singapore

  	
   

  	
  4958/92

  
	
  9

  	
   

  	
  South Africa

  	
   

  	
  96/4365

  
	
  38

  	
   

  	
  South Africa

  	
   

  	
  96/4366

  
	
  9

  	
   

  	
  UK

  	
   

  	
  1461263

  
	
  38

  	
   

  	
  UK

  	
   

  	
  1461264

  
	
  9,38

  	
   

  	
  USA

  	
   

  	
  1901480

  



 












*           Austria,
Belgium, Denmark (except the Fare Islands and Greenland), Finland, France (including
Monaco), Germany (except Busingen and the Isle of Heligoland), Greece, the
Republic of Ireland, Italy (except the communes of Livigno and Campione
d’Italia and the waters of Lake Lugano), Luxembourg, The Netherlands, Portugal
(including the Azores and Madeira), Spain (including the Balearic Islands but
excluding Ceuta and Melilla), Sweden, United Kingdom (and the Isle of Man).


 


13

















 


(b)           Applications
for Registration - INMARSAT (word)


 


	
  Classes of
  goods/services

  	
   

  	
  Country

  	
   

  	
  Application
  No.

  
	
  38

  	
   

  	
  Brazil

  	
   

  	
  817314997

  
	
  9

  	
   

  	
  Brazil

  	
   

  	
  824595114

  
	
  35

  	
   

  	
  Brazil

  	
   

  	
  824595076

  
	
  38

  	
   

  	
  Brazil

  	
   

  	
  824595084

  
	
  41

  	
   

  	
  Brazil

  	
   

  	
  824595092

  
	
  42

  	
   

  	
  Brazil

  	
   

  	
  824595106

  
	
  9,35,38,41,42

  	
   

  	
  Canada

  	
   

  	
  1140786

  
	
  9

  	
   

  	
  Egypt

  	
   

  	
  155500

  
	
  35

  	
   

  	
  Egypt

  	
   

  	
  155501

  
	
  38

  	
   

  	
  Egypt

  	
   

  	
  155502

  
	
  41

  	
   

  	
  Egypt

  	
   

  	
  155503

  
	
  42

  	
   

  	
  Egypt

  	
   

  	
  155504

  
	
  9,35,38,41,42

  	
   

  	
  European Community

  	
   

  	
  2801835

  
	
  9

  	
   

  	
  Hong Kong

  	
   

  	
  2002/06960

  
	
  35

  	
   

  	
  Hong Kong

  	
   

  	
  2002/06961

  
	
  38

  	
   

  	
  Hong Kong

  	
   

  	
  2002/06962

  
	
  41

  	
   

  	
  Hong Kong

  	
   

  	
  2002/06963

  
	
  42

  	
   

  	
  Hong Kong

  	
   

  	
  2002/06964

  
	
  9

  	
   

  	
  India

  	
   

  	
  579087

  
	
  9,35,38,41,42

  	
   

  	
  Japan

  	
   

  	
  2002-40718

  
	
  9,35,38,41,42

  	
   

  	
  INTERNATIONAL*

  	
   

  	
  TBA

  
	
  9

  	
   

  	
  Malaysia

  	
   

  	
  2002-05766

  
	
  35

  	
   

  	
  Malaysia

  	
   

  	
  2002-05768

  
	
  38

  	
   

  	
  Malaysia

  	
   

  	
  2002-05767

  
	
  41

  	
   

  	
  Malaysia

  	
   

  	
  2002-05769

  
	
  42

  	
   

  	
  Malaysia

  	
   

  	
  2002-05770

  
	
  9

  	
   

  	
  Mexico

  	
   

  	
  547974

  
	
  35

  	
   

  	
  Mexico

  	
   

  	
  547971

  
	
  38

  	
   

  	
  Mexico

  	
   

  	
  547972

  
	
  41

  	
   

  	
  Mexico

  	
   

  	
  547970

  
	
  42

  	
   

  	
  Mexico

  	
   

  	
  547973

  
	
  35

  	
   

  	
  New Zealand

  	
   

  	
  657208

  
	
  38

  	
   

  	
  New Zealand

  	
   

  	
  657209

  



 


14

















 


	
  Classes of
  goods/services

  	
   

  	
  Country

  	
   

  	
  Application
  No.

  
	
  41

  	
   

  	
  New Zealand

  	
   

  	
  657210

  
	
  42

  	
   

  	
  New Zealand

  	
   

  	
  657211

  
	
  9

  	
   

  	
  South Africa

  	
   

  	
  2002/06644

  
	
  35

  	
   

  	
  South Africa

  	
   

  	
  2002/06645

  
	
  38

  	
   

  	
  South Africa

  	
   

  	
  2002/06646

  
	
  41

  	
   

  	
  South Africa

  	
   

  	
  2002/06647

  
	
  42

  	
   

  	
  South Africa

  	
   

  	
  2002/06648

  
	
  9,35,38,41,42

  	
   

  	
  South Korea

  	
   

  	
  2002-1717

  
	
  9

  	
   

  	
  United Arab Emirates

  	
   

  	
  49570

  
	
  35

  	
   

  	
  United Arab Emirates

  	
   

  	
  49571

  
	
  38

  	
   

  	
  United Arab Emirates

  	
   

  	
  49572

  
	
  41

  	
   

  	
  United Arab Emirates

  	
   

  	
  49573

  
	
  42

  	
   

  	
  United Arab Emirates

  	
   

  	
  49574

  
	
  9

  	
   

  	
  Singapore

  	
   

  	
  4957/92

  
	
  9,35,38,41,42

  	
   

  	
  United Kingdom

  	
   

  	
  2286263

  
	
  9,35,38,41,42

  	
   

  	
  United States

  	
   

  	
  76/408571

  



 












*          Madrid
Protocol application designating Australia, China, Cuba, Japan, Norway, Poland,
Russian Federation, Singapore, Turkey and Ukraine.


 


15

















 


ANNEX 2


 


Inmarsat LOGO


 





 


(a)           Registered Trade Marks – Inmarsat LOGO


 


None to date


 


(b)           Applications for Registration - Inmarsat
LOGO


 


	
  Classes of
  goods/services

  	
   

  	
  Country

  	
   

  	
  Application
  No.

  
	
  9

  	
   

  	
  Brazil

  	
   

  	
  824691369

  
	
  35

  	
   

  	
  Brazil

  	
   

  	
  824691377

  
	
  38

  	
   

  	
  Brazil

  	
   

  	
  824691385

  
	
  41

  	
   

  	
  Brazil

  	
   

  	
  824691393

  
	
  42

  	
   

  	
  (a)           Brazil

  	
   

  	
  824691407

  
	
  9, 35, 38, 41, 42

  	
   

  	
  Canada

  	
   

  	
  1145904

  
	
  9

  	
   

  	
  Egypt

  	
   

  	
  155562

  
	
  35

  	
   

  	
  Egypt

  	
   

  	
  155563

  
	
  38

  	
   

  	
  Egypt

  	
   

  	
  155564

  
	
  41

  	
   

  	
  Egypt

  	
   

  	
  155565

  
	
  42

  	
   

  	
  Egypt

  	
   

  	
  155566

  
	
  9, 35, 38, 41, 42

  	
   

  	
  European Community*

  	
   

  	
  2801835

  
	
  9

  	
   

  	
  Hong Kong

  	
   

  	
  2002 10356

  
	
  35

  	
   

  	
  Hong Kong

  	
   

  	
  2002 10355

  
	
  38

  	
   

  	
  Hong Kong

  	
   

  	
  2002 10354

  
	
  41

  	
   

  	
  Hong Kong

  	
   

  	
  2002 10353

  
	
  42

  	
   

  	
  Hong Kong

  	
   

  	
  2002 10352

  
	
  9

  	
   

  	
  India

  	
   

  	
  25693

  
	
  9, 35, 38, 41, 42

  	
   

  	
  Japan

  	
   

  	
  2002-57604

  



 


16

















 


	
  Classes of
  goods/services

  	
   

  	
  Country

  	
   

  	
  Application
  No.

  
	
  9, 35, 38, 41, 42

  	
   

  	
  INTERNATIONAL**

  	
   

  	
  17.2

  
	
  9

  	
   

  	
  Malaysia

  	
   

  	
  2002-08101

  
	
  35

  	
   

  	
  Malaysia

  	
   

  	
  2002-08102

  
	
  38

  	
   

  	
  Malaysia

  	
   

  	
  2002-08103

  
	
  41

  	
   

  	
  Malaysia

  	
   

  	
  2002-08104

  
	
  42

  	
   

  	
  Malaysia

  	
   

  	
  2002-08105

  
	
  9

  	
   

  	
  Mexico

  	
   

  	
  555866

  
	
  35

  	
   

  	
  Mexico

  	
   

  	
  555865

  
	
  38

  	
   

  	
  Mexico

  	
   

  	
  555868

  
	
  41

  	
   

  	
  Mexico

  	
   

  	
  555869

  
	
  42

  	
   

  	
  Mexico

  	
   

  	
  555867

  
	
  9

  	
   

  	
  New Zealand

  	
   

  	
  660218

  
	
  35

  	
   

  	
  New Zealand

  	
   

  	
  660219

  
	
  38

  	
   

  	
  New Zealand

  	
   

  	
  660220

  
	
  41

  	
   

  	
  New Zealand

  	
   

  	
  660221

  
	
  42

  	
   

  	
  New Zealand

  	
   

  	
  660222

  
	
  9

  	
   

  	
  South Africa

  	
   

  	
  2002/09740

  
	
  35

  	
   

  	
  South Africa

  	
   

  	
  2002/09741

  
	
  38

  	
   

  	
  South Africa

  	
   

  	
  2002/09742

  
	
  41

  	
   

  	
  South Africa

  	
   

  	
  2002/09743

  
	
  42

  	
   

  	
  South Africa

  	
   

  	
  2002/09744

  
	
  9, 35, 38, 41, 42

  	
   

  	
  South Korea

  	
   

  	
  2002-2344

  
	
  9

  	
   

  	
  United Arab Emirates

  	
   

  	
  49562

  
	
  35

  	
   

  	
  United Arab Emirates

  	
   

  	
  49563

  
	
  38

  	
   

  	
  United Arab Emirates

  	
   

  	
  49564

  
	
  41

  	
   

  	
  United Arab Emirates

  	
   

  	
  49565

  
	
  42

  	
   

  	
  United Arab Emirates

  	
   

  	
  49566

  
	
  9, 35, 38, 41, 42

  	
   

  	
  United Kingdom

  	
   

  	
  2290087

  
	
  9, 35, 38, 41, 42

  	
   

  	
  United States

  	
   

  	
  76/429035

  



 












*          Austria,
Belgium, Denmark (except the Fare Islands and Greenland), Finland, France
(including Monaco), Germany (except Busingen and the Isle of Heligoland),
Greece, the Republic of Ireland, Italy (except the communes of Livigno and
Campione d’Italia and the waters of Lake Lugano), Luxembourg, The Netherlands,
Portugal (including the Azores and Madeira), Spain (including the Balearic
Islands but excluding Ceuta and Melilla), Sweden, United Kingdom (and the Isle
of Man).


 


**        Madrid
Protocol application designating Australia, China, Cuba, Norway, Poland, Russian
Federation, Singapore, Turkey and Ukraine.


 


17

















 


ANNEX 3


 


FLEET (logo)


 





 


(a)           Registered Trade Marks – FLEET (logo)


 


None to date


 


(b)           Applications for Registration – FLEET
(logo)


 


	
  Classes of
  goods/services

  	
   

  	
  Country

  	
   

  	
  Application
  No.

  
	
  9

  	
   

  	
  Brazil

  	
   

  	
  824933370

  
	
  35

  	
   

  	
  Brazil

  	
   

  	
  824933389

  
	
  38

  	
   

  	
  Brazil

  	
   

  	
  824933397

  
	
  41

  	
   

  	
  Brazil

  	
   

  	
  824933400

  
	
  9, 35, 38, 41

  	
   

  	
  Canada

  	
   

  	
  1147693

  
	
  9, 35, 38, 41

  	
   

  	
  European Community*

  	
   

  	
  2805935

  
	
  9, 35, 38, 41

  	
   

  	
  Japan

  	
   

  	
  2002-77642

  
	
  9, 35, 38, 41

  	
   

  	
  International**

  	
   

  	
  TBA

  
	
  9

  	
   

  	
  South Africa

  	
   

  	
  2002/11417

  
	
  35

  	
   

  	
  South Africa

  	
   

  	
  2002/11418

  
	
  38

  	
   

  	
  South Africa

  	
   

  	
  2002/11419

  
	
  41

  	
   

  	
  South Africa

  	
   

  	
  2002/11420

  
	
  9, 35, 38, 41

  	
   

  	
  South Korea

  	
   

  	
  2002-0002598

  
	
  9, 35, 38, 41

  	
   

  	
  United Kingdom

  	
   

  	
  2295118

  
	
  9, 35, 38, 41

  	
   

  	
  United States

  	
   

  	
  76/445405

  



 












*          Austria,
Belgium, Denmark (except the Fare Islands and Greenland), Finland, France
(including Monaco), Germany (except Busingen and the Isle of Heligoland),
Greece, the Republic of Ireland, Italy (except the communes of Livigno and
Campione d’Italia and the waters of Lake Lugano), Luxembourg, The Netherlands,
Portugal (including the Azores and Madeira), Spain (including the Balearic
Islands but excluding Ceuta and Melilla), Sweden, United Kingdom (and the Isle
of Man).


 


**        Madrid
Protocol application designating Australia, China and Norway.


 


18

















 


ANNEX 3


 


SWIFT 64 (word)


 


(a)           Registered Trade Marks – SWIFT 64 (word)


 


None to date


 


(b)           Applications for Registration – SWIFT 64
(word)


 


	
  Classes of
  goods/services

  	
   

  	
  Country

  	
   

  	
  Application
  No.

  
	
  9, 35, 38, 41

  	
   

  	
  Australia

  	
   

  	
  TBA

  
	
  9

  	
   

  	
  Brazil

  	
   

  	
  824354923

  
	
  35

  	
   

  	
  Brazil

  	
   

  	
  824354940

  
	
  38

  	
   

  	
  Brazil

  	
   

  	
  824354931

  
	
  41

  	
   

  	
  (b)           Brazil

  	
   

  	
  824354958

  
	
  9, 35, 38, 41

  	
   

  	
  Canada

  	
   

  	
  1130480

  
	
  9, 35, 38, 41

  	
   

  	
  European Community*

  	
   

  	
  2571172

  
	
  9, 35, 38, 41

  	
   

  	
  Japan

  	
   

  	
  2002-8655

  
	
  9, 35, 38, 41

  	
   

  	
  International**

  	
   

  	
  785562

  
	
  9

  	
   

  	
  South Africa

  	
   

  	
  TBA

  
	
  35

  	
   

  	
  South Africa

  	
   

  	
  TBA

  
	
  38

  	
   

  	
  South Africa

  	
   

  	
  TBA

  
	
  41

  	
   

  	
  South Africa

  	
   

  	
  TBA

  
	
  9, 35, 38, 41

  	
   

  	
  South Korea

  	
   

  	
  2002-579

  
	
  9, 35, 38, 41

  	
   

  	
  United Kingdom

  	
   

  	
  2277632

  
	
  9, 35, 38, 41

  	
   

  	
  United States

  	
   

  	
  76/367642

  



 












*          Austria,
Belgium, Denmark (except the Fare Islands and Greenland), Finland, France
(including Monaco), Germany (except Busingen and the Isle of Heligoland),
Greece, the Republic of Ireland, Italy (except the communes of Livigno and
Campione d’Italia and the waters of Lake Lugano), Luxembourg, The Netherlands,
Portugal (including the Azores and Madeira), Spain (including the Balearic
Islands but excluding Ceuta and Melilla), Sweden, United Kingdom (and the Isle
of Man).


 


**        Madrid
Protocol application designating Australia, China, Cuba, Norway and Singapore.


 


19

















 


ANNEX 4


 


REGISTERED AND UNREGISTERED TERRITORIES


 


4.1          INMARSAT (word)


 


(a)           Registered Territory


 


	
  Australia

  	
   

  	
   

  
	
  Austria*

  	
   

  	
   

  
	
  Belgium*

  	
   

  	
   

  
	
  Benelux*

  	
   

  	
   

  
	
  Brazil

  	
   

  	
   

  
	
  Canada

  	
   

  	
   

  
	
  China

  	
   

  	
   

  
	
  Denmark*

  	
   

  	
   

  
	
  Finland*

  	
   

  	
   

  
	
  France

  	
   

  	
   

  
	
  Germany

  	
   

  	
   

  
	
  Greece*

  	
   

  	
   

  
	
  Italy*†

  	
   

  	
   

  
	
  Japan

  	
   

  	
   

  
	
  Luxembourg*

  	
   

  	
   

  
	
  Monaco*

  	
   

  	
   

  
	
  Netherlands*

  	
   

  	
   

  
	
  Norway

  	
   

  	
   

  
	
  Portugal*

  	
   

  	
   

  
	
  Republic of Ireland*

  	
   

  	
   

  
	
  Russian Federation

  	
   

  	
   

  
	
  Singapore

  	
   

  	
   

  
	
  South Africa

  	
   

  	
   

  
	
  Spain*

  	
   

  	
   

  
	
  Sweden*

  	
   

  	
   

  
	
  United Kingdom

  	
   

  	
   

  
	
  USA

  	
   

  	
   

  



 












*              European
Community Trade Mark


†                      Except the communes of Livigno and Campione d’Italia and the waters
of Lake Lugano


 


(b)           Unregistered Territory


 


Rest of World


 


4.2          Inmarsat LOGO


 


(a)           Registered Territory


 


None to date


 


(b)           Unregistered Territory


 


Rest of World


 


20

















 


4.3          FLEET (logo)


 


(a)           Registered Territory


 


None to date


 


(b)           Unregistered Territory


 


Rest of World


 


4.4          SWIFT 64 (word)


 


(a)           Registered Territory


 


None to date


 


(b)           Unregistered Territory


 


Rest of World


 


21

















 


ANNEX 5


 


[please
re-type on company headed paper]


 


INMARSAT NAME SUB-LICENCE


 


	
  To:

  	
   

  	
  International Mobile Satellite Organization

  99 City Road

  London, EC1Y 1AX

  United Kingdom

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  From:

  	
   

  	
  [company]

  	
   

  	
  Date:

  	
   

  	
   

  
	
   

  	
   

  	
  [address 

  Inc country]

  	
   

  	
   

  	
   

  	
   

  



 


Confidential


 


Dear Sirs


 


“Inmarsat”
Name Sub-Licence 


 


In consideration of your agreeing to permit Inmarsat
Limited to grant to us a sub-licence to use the trade mark INMARSAT and your
authorising us to use the mark pursuant to Article 6ter of the Paris Convention,
we hereby undertake that:


 


1.          Our use
of INMARSAT shall at all times be in keeping with and shall seek to maintain
the distinctiveness and reputation associated with the mark as such as from
time to time determined by you.


 


2.          We
shall, upon your written notice, immediately cease any use of INMARSAT that is
not consistent with paragraph 1 above.


 


3.          Where
we use the mark INMARSAT, we shall, if you so request, attach wording to show
that it is a mark used by us with your permission.


 


4.          We
shall, upon your request from time to time, provide such assistance and
information as you reasonably require to enable you to audit our use of the
mark and enable you to enforce your rights under this letter.


 


We acknowledge that you may appoint Inmarsat Limited
to represent you as your agent in relation to the matters set out in this
letter.


 


FOR AN ON BEHALF OF [Insert Company name]


 


 


	
  Signed:

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
   

  
	
  PLEASE PRINT

  	
   

  
				



 


22

















 


ANNEX 6


 


[Inmarsat
Headed Paper]


 


	
   

  	
  [Name]

  
	
   

  	
  Tel: +44
  (0)20 7728 XXXX

  
	
   

  	
  Fax: +44
  (0)20 7728 XXXX

  
	
   

  	
  E-mail:
  name_surname@inmarsat.com

  
	
   

  	
   

  
	
  Our Ref: 
  TMLA

  	
   

  
	
   

  	
  [Date]

  
	
   

  	
   

  
	
   

  	
   

  
	
  Name]

  	
   

  
	
  [Company]

  	
   

  
	
  [Address]

  	
   

  
	
  [Address]

  	
   

  
	
  [Country]

  	
   

  
	
   

  	
   

  
	
   

  	
  Confidential

  
	
   

  	
   

  
	
  Dear [Name]

  	
   

  



 


Trade Mark Licence Agreement entered into between
Inmarsat Limited and [Company] dated [Date of TMLA], (“TM Licence Agreement”)


 


All terms used in this letter unless
otherwise defined in this letter shall have the same meaning as has been given
them in the TM Licence Agreement.


 


Whereas, Inmarsat Limited and the Company
(the “Parties) entered into the TM Licence Agreement.  The Parties hereby agree that the TM Licence Agreement shall be
amended as follows:


 


1.             The
following definition shall be added to Clause 1.  Definitions and Interpretations:


 


[“*”] shall mean the trade mark owned by
[*] and licensed to Inmarsat whose registration details are contained in Annex
[*] together with the applications for registration that have been made by [*]
(as may be amended from time to time) together with the rights in the trade
mark as yet unregistered or applied for.


 


2.             The
definition of “Trade Marks” shall be deleted and replaced in full by the
following:


 


“Trade
Marks” shall mean collectively the trade marks whose registration details
are listed in Annexes 2, 3 and [ *] (as from time to time amended by Inmarsat)
and any graphic representation thereof together with all other Inmarsat trade
marks as yet unregistered or applied for that Inmarsat has been authorised by
the Organisation or licensed by IP Co to use.


 


3.             The
definition of “Registered Territory” shall be deleted and replaced in full by
the following:


 


“Registered
Territory” means the countries specified in Part 1(a) and Part 2(a) of
Annexes 4 and [*] (as from time to time amended by Inmarsat) to this Agreement
in relation to the Trade Marks.


 


23

















 


4.             The
definition of “Unregistered Territory” shall be deleted and replaced in full by
the following:


 


“Unregistered
Territory “ means the countries specified in Part 1(b) and Part 2(b) of
Annexes 4 and [*] (as from time to time amended by Inmarsat) to this Agreement
in relation to the Trade Marks.


 


5.             By
the addition of the following Annexes [*], [*] and [*] (attached hereto).


 


By acknowledgement of our agreement of the
terms above, we sign and date the enclosed letter and return it to Inmarsat.


 


 


	
  On behalf of Inmarsat

  	
   

  	
  On behalf of the Company

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Print Name:

  	
   

  	
   

  	
   

  	
  Print Name:

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Date:

  	
   

  	
   

  	
   

  	
  Date:

  	
   

  	
   

  
									



 


24

















 


Annex U


 


IPR LICENCE AGREEMENT


 


 


Inmarsat Limited


 


and


 


[Name of LESO]


 

















 


IPR LICENCE AGREEMENT


 


	
  This Agreement is made
  this                              day
  of February 2004.

  



 


Between:


 


(1)           Inmarsat Limited, a
company incorporated under the laws of England and Wales, with registered
number 3675885 whose registered office is at 99 City Road, London, EC1Y
1AX ( “the Licensor”) and;


 


(2)           [LESO]
with its [registered office]/ [place of business]  at [address] (“the Licensee”).


 


Whereas:


 


A.            The Licensor and the
Licensee entered into an agreement for the provision of telecommunication
services by the Licensee via the satellites and other centralised
infrastructure owned, leased or operated by or on behalf of the Licensor (“the
Space Segment”) on 15 April 1999 (“the LESO Agreement”).  The Initial Term of the LESO Agreement
expires on 14 April 2004  and the
Parties wish to enter into an Extended Term.


 


B.            The
Licensor has created the LES Technical Criteria and Operating Procedures
relating to Services, in which it owns or controls certain IPR (as defined
below).


 


C.            The
LES Technical Criteria and Operating Procedures may also include IPR in the
form of Foreground Data and Background Data which has been developed by third
parties for the Licensor pursuant to the standard terms and conditions between
the Licensor and such third Parties (“Third Party IPR”).


 


D.            Some
IPR included in the LES Technical Criteria and Operating Procedures is the
subject of third party patents (“Third Party Patents”) in relation to which the
Licensor has the special right to grant sub-licences for use with certain
Services in relation to the Space Segment.


 


E.             The
Licensor wishes to grant to the Licensee and the Licensee wishes to accept a
licence of the IPR in the LES Technical Criteria and Operating Procedures,
including the Third Party IPR and Third Party Patents, to enable it to provide
Services via the Space Segment.


 


F.             Some
technology included in the LES Technical Criteria and Operating Procedures is
subject to third party IPR in relation to which the Licensor does not have the
right to grant sub-licences for use (“Contractor Third Party IPR”).  In all such cases, the IPR holders have
agreed a non-exclusive licence for use with the Space Segment either on a
royalty free or a royalty bearing-basis. 
If the Licensee wishes to take a licence of such Contractor Third Party
IPR, it should apply direct to the IPR owners as such a licence shall not be
included in this Agreement.


 


NOW IT IS HEREBY AGREED as follows:


 


1.            Definitions


 


1.1           In
this Agreement, except where the context otherwise requires, the following
terms shall have the following meanings:


 


“Extended Term” means the same as
Extended Term in the LESO Agreement;


 


“Initial Term” means the same as
Initial Term in the LESO Agreement;


 

















 


“Inmarsat Contract Terms and Conditions”
means the standard Inmarsat terms and conditions of business;


 


“IPR” means any intellectual
property rights including but not limited to copyright, all patents and
applications therefore listed in Attachment 1, all corresponding foreign
applications and patents issuing thereon, together with all re-issues and
extensions thereof, software, know-how, technical or other information, forming
part of the LES Technical Criteria and Operating Procedures;


 


“LES Technical Criteria and Operating
Procedures”  means
all relevant system definition manuals (SDMs), technical requirement documents
and network operating procedures set out in the list in Annex B to the LESO
Agreement, as amended from time to time, as well as future SDMs and other
related documents related to Services;


 


“Services” means the same as
Services in the LESO Agreement;


 


“Third Party IPR”  means Foreground
Data as defined in the Inmarsat Contract Terms and Conditions in respect of
which the Licensor has the irrevocable, non-exclusive, royalty free right to
use and to authorise parties to use, throughout the world solely for Inmarsat
Purposes (as defined in the Inmarsat Contract Terms and Conditions) and
Background Data or Contractor Background (as defined in the Inmarsat Contract
Terms and Conditions) in respect of which the Licensor has the non-exclusive,
royalty free right to use for the purposes of exploiting the work delivered
under the contract and which the Licensee may be granted a licence to use by
the third party;


 


“Third Party Patents”  means all those
patents owned by third parties and not developed in relation to the Space
Segment as are set out in Attachment 1;


 


“Contractor Third Party IPR”  means all those
patents and other IPR owned by third parties pursuant to a contract with the
Licensor as set out in Attachment 1;


 


“Upgrades”  means updates to the LES Technical Criteria and Operating Procedures
for the  Services
which provide corrections of or developments to the LES Technical Criteria and
Operating Procedures for the  Services as part of the maintenance of
the Services or development of the Services;


 


“GAN system”  means a development of the Inmarsat Mini-M
system as defined in the Mini-M system definition manual, in which the turbo
code channels are added at the transmission and/or reception level, so as to
enable a worldwide range of data and fax services to be offered at 14400
bits/sec, 28800 bits/sec, and 128000 bits/sec;


 


“Commencement Date”       means the
date on which the extension to the LESO Agreement will become effective as
specified in that Agreement;


 


“Party”  means a state for which the Convention of
the International Mobile Satellite Organization has entered into force;


 


“persons(s)” includes any person,
firm or company or group of persons or unincorporated body.


 


1.2           Any
word or phrase defined in the LESO Agreement shall have the same meaning in
this Agreement unless otherwise defined.


 


1.3           The
singular includes the plural and vice versa.


 


1.4           Unless
the context otherwise indicates, references to Clauses, sub-clauses, recitals
and to Annexes are to Clauses and sub-clauses of, and recitals and Annexes to
this Agreement.


 


1.5           Headings
to Clauses in this Agreement are included for the purpose of ease of reference
only and shall not have any effect on the construction or the interpretation of
this Agreement.


 


2

















 


1.6           References
in this Agreement to any statute or statutory provision shall include any
statute or statutory provision which amends, extends, consolidates or replaces
the same and shall include any orders, regulations, instruments or other
subordinate legislation made under the relevant statute.


 


2.             Grant of Licence


 


2.1           Subject
to the terms and conditions hereof the Licensor hereby grants to the Licensee a
non-exclusive, non-transferable licence to use the LES Technical Criteria and
Operating Procedures and the IPR therein together with the Third Party IPR in
relation to the provision of Services by the LESO via the Space Segment.


 


2.2           Subject
to the terms and conditions hereof the Licensor hereby grants to the Licensee a
non-exclusive, non-transferable licence to use the Third Party Patents in
relation to the GAN service only, in relation to the provision of Services by
the LESO via the Space Segment.


 


2.3           If the
Licensee wishes to take a licence of the Contractor Third Party IPR, it should
apply direct to the IPR owners as such a licence shall not be included in this
Agreement.


 


3.             Upgrades


 


3.1           The Licensor shall notify the Licensee during the term of this
Agreement of any issue of an Upgrade as soon as such Upgrade is made generally
available to other parties in receipt of the  LES Technical Criteria and
Operating Procedures.


 


3.2           The Upgrade shall specify whether it is mandatory or discretionary and
the Licensee shall be under no obligation to take a licence of any
discretionary Upgrades.


 


3.3           If the
Licensee is required to implement a mandatory Upgrade it will be royalty
free.  If the Licensee wishes to take a
licence of any discretionary Upgrade which the Licensor shall issue during the
term of this Agreement, in accordance with Article 20 of the LESO
Agreement,the parties shall consult, with a view to agreeing in good faith,
any licence fee and the terms of payment in respect of such Upgrade. The
provision of such Upgrade shall be subject to all other terms and conditions of
this Agreement.


 


4.             Confidentiality


 


4.1           The
Licensee shall keep and shall procure that its respective directors, officers
and employees keep secret and confidential all know-how and other technical
information which has been communicated to it by the Licensor as a result of
this Agreement and shall not disclose the same or any part thereof to any
person whatsoever other than to its directors or employees directly or
indirectly concerned in the provision of the Services.


 


4.2           The
foregoing provisions of this Clause shall not apply to know-how and information
which:


 


(a)           is or
becomes public knowledge without breach of this Agreement;


 


(b)           is
independently developed by the Licensee, which fact can be shown by competent
evidence; or


 


(c)           the
Licensee or Licensor is compelled by legal process or government regulation or
order to disclose, provided that the disclosing party is given prompt notice of
any proposed release of information under this sub-clause and that the
disclosing party be given ample opportunity to engage in legal action to resist
and/or restrict any such disclosure.


 


4.3           The
Licensee agrees that it will, upon the request of the Licensor but at its own
expense, take such steps as the Licensor may require to enforce any such
confidentiality undertaking including, in particular but without prejudice to the
generality of the foregoing obligation, the initiation and prosecution of any
legal proceedings and the enforcement of any judgement obtained.


 


3

















 


4.4           The
provisions of this Clause shall remain in force notwithstanding earlier
termination of this Agreement.


 


5.             Disclaimer and Limitation of Liability


 


5.1           The Licensor makes no representation or warranty with respect to the
existence of possible third party rights in the IPR, the Third Party IPR or the
Third Party Patents anywhere in the world and the Licensor makes no
representation or warranty that the use by the Licensee of any of the IPR, the
Third Party IPR or the Third Party Patents licensed hereunder shall not
infringe the rights of any third party.


 


5.2           The
Licensor gives no warranty, and the Licensee acknowledges and agrees that
nothing in this Agreement implies, that any patent applications licensed as
part of the IPR shall proceed to grant or, if already granted, shall be valid.


 


5.3           The
Licensor makes no warranty, express or implied, or representation as to the
validity, accuracy, completeness or fitness for purpose or use of the IPR, the
Third Party IPR or the Third Party Patents. The Licensee uses the IPR, the
Third Party IPR and/or the Third Party Patents at its own risk and on the basis
that it may be unsuitable for the Licensee’s purposes. The Licensor shall not
be liable for any loss (other than personal injury or death) of any kind,
including indirect or consequential loss, arising from the Licensee’s use of
the IPR, the Third Party IPR or the Third Party Patents, whether in contract,
tort (including, without limitation, negligence) or otherwise at law or equity.
The Licensee shall defend, indemnify and hold harmless the Licensor against all
claims by third parties arising from their use of the Licensee’s Services but
not for personal injury or death.  All
warranties and conditions, whether express or implied by statute, common law or
otherwise are hereby excluded to the extent permitted by English Law.


 


5.4           Subject
to Clauses 2.10 and 20 of the LESO Agreement, the Licensor has the right to
modify, amend, withdraw or delete all or part of the LES Technical Criteria and
Operating Procedures from time to time and at any time without incurring any liability
to the Licensee.


 


6.             Protection of the IPR


 


6.1           If:


 


(a)           any
IPR is attacked; or


 


(b)           any
application for a patent is made by or any patent is granted to a third party
by reason of which the third party may be granted or may have been granted rights
which conflict with any of the rights granted to the Licensee under any of the
IPR; or


 


(c)           any
unlicensed activities are carried on by any third party which constitute an  infringement of the Licensor’s IPR,


 


the Licensee shall forthwith notify the
Licensor of any such matters and shall join the Licensor in taking all such
steps (if any) as in the Licensor’s opinion (in his total discretion) shall be
desirable for the protection of the Licensor’s rights.  The expenses incurred in taking such steps
and any profits which may be obtained shall be for the account of the Licensor.


 


7.             Duration and Termination


 


7.1           This
Agreement shall come into force on the Commencement Date, and shall remain in
force, unless terminated in accordance with Clause 7.2, or until terminated by
either party giving to the other not less than three (3) months prior written
notice of termination, such notice to expire not earlier than the fifth
anniversary of the Commencement Date.


 


4

















 


7.2           The
Licensor shall have the right to terminate this Agreement, without prejudice to
any of its other rights and remedies, forthwith by notice in writing to the
Licensee in the event that:


 


(a)           the
Licensee shall default in due performance or observance of any of its material
obligations on its part to be performed or observed hereunder and (in the case
of a remediable breach) fails to remedy such breach within thirty (30) days of
being requested by written notice to do so; or


 


(b)           an
encumbrancer takes possession or a receiver is appointed over any of the
property or assets of the Licensee; or the Licensee makes any voluntary
arrangement with its creditors or becomes subject to an administration order
within the meaning of the bankruptcy laws of England and Wales or an equivalent
order under the laws of the jurisdiction in which the Licensee operates; or the
Licensee goes into liquidation (except for the purposes of reconstruction,
amalgamation or other reorganization and in such manner that the company resulting
from the reorganization effectively agrees to be bound by or to assume the
obligations imposed on the Licensee under this Agreement); or the Licensee
ceases, or threatens to cease to carry on business; or


 


(c)           the
LESO Agreement is terminated, howsoever arising.


 


8.             Consequences of Termination


 


In the event of termination of this
Agreement howsoever arising:


 


(a)           all
outstanding sums payable by the Licensee to the Licensor shall immediately
become due and payable;


 


(a)           all
rights and licenses shall cease;


 


(b)           the
Licensee shall cease all and any exploitation of the IPR, the Third Party IPR
or the Third Party Patents; and


 


(c)           the
Licensee shall return promptly to the Licensor all copies of the IPR, the Third
Party IPR and the Third Party Patents and any other information, to the extent
that same remains confidential under the provisions of Clause 4 of this
Agreement.


 


9.             General


 


9.1           The
termination of this Agreement howsoever arising shall be without prejudice to
the provisions of Clause 4 and Clause 8 and to any rights of either party which
may have accrued by at or up to the date thereof.


 


9.2           The
Licensee shall not assign, transfer, charge, encumber or otherwise deal with
the whole or any part of this Agreement or its obligations hereunder.


 


9.3           In the
event that any Clause or any part of any Clause contained in this Agreement is
declared invalid or unenforceable by the judgment or decree by consent or
otherwise of a court of competent jurisdiction from whose decision no appeal is
or can be taken, all other clauses or parts of clauses contained in this
Agreement shall remain in full force and effect and shall not be affected
thereby for the term of this Agreement.


 


9.4           No
relaxation, forbearance, delay or indulgence, by either party in enforcing any
of the terms and conditions of this Agreement, or the granting of time by
either party to the other, shall prejudice affect or restrict the rights and
powers of the said party, nor shall any waiver by either party of any breach
hereof, operate as a waiver of, or in relation to, any subsequent or any
continuing breach hereof.


 


5

















 


9.5           This
Agreement may not be amended unless in writing signed by a duly authorised
officer of each party.


 


10.          No Other Agreement or Warranties


 


This Agreement, together with the LESO
Agreement, constitutes the entire agreement between the parties relating to the
subject matter hereof and each party confirms to the other than it has not
entered into this Agreement on the basis of, or in reliance upon, any
representations or warranties made or given by the other party its servants or
agents.


 


11.          Notices


 


Any notice or other document to be given
hereunder shall be given by sending the same in a pre-paid first class letter
or by facsimile to the address of the relevant party set out in this Agreement,
or to such other address as such party may have notified to the other for the
purposes hereof.  Any notice sent by
post shall be deemed (in the absence of evidence of earlier receipt) to have
been delivered fourteen (14) days after despatch and in proving the fact of
despatch it shall be sufficient to show that the envelope containing such
notice was properly addressed, stamped and posted.  Any notice sent by facsimile shall be deemed to have been
delivered on the day following its despatch.


 


12.          Governing Law and Jurisdiction


 


12.1         This
Agreement shall be governed by and construed and interpreted in accordance with
the laws of England and the Licensee hereby submits to the exclusive jurisdiction
of the English courts.


 


12.2         Each of
the parties shall appoint an agent for the service on it of any writ or other
document connected with any proceedings in the English courts and notify the
same to the others within thirty (30) days of the execution of this Agreement.


 


In Witness Whereof the parties have
executed this Agreement in a manner binding upon them the day and year first
above written


 


 


	
  FOR AND ON BEHALF OF THE LICENSOR

  
	
   

  
	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  Michael Butler

  
	
  Managing Director

  
	
   

  
	
   

  
	
  FOR AND ON BEHALF OF THE LICENSEE

  
	
   

  
	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  [Name]

  
	
  [Title]

  



 


6

















 


Attachment 1


 


Inmarsat Patents and Patent Applications


 


	
  Patent Name

  	
   

  	
  Country

  	
   

  	
  Application

  Number

  	
   

  	
  Application

  Date

  	
   

  	
  Grant

  Number

  	
   

  	
  Grant

  Date

  
	
  Inmarsat-M/B-Prolong-X
  Fax

  	
   

  	
  UK

  	
   

  	
  9402501.2

  	
   

  	
  09.02.94

  	
   

  	
  2286739

  	
   

  	
  07.08.96

  
	
  Inmarsat-M/B-Prolong-X
  Fax

  	
   

  	
  PCT

  	
   

  	
  PCT/GB94/01618

  	
   

  	
  27.07.94

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat-M/B-Prolong-X
  Fax

  	
   

  	
  Mexico

  	
   

  	
  950853

  	
   

  	
  08.02.95

  	
   

  	
  190168

  	
   

  	
  26.10.98

  
	
  Inmarsat-M/B-Prolong-X
  Fax

  	
   

  	
  USA
  Cont’d

  	
   

  	
  08/927202

  	
   

  	
  11.09.97

  	
   

  	
  5877871

  	
   

  	
  02.03.99

  
	
  Inmarsat-M/B-Prolong-X
  Fax

  	
   

  	
  USA

  	
   

  	
  08/403735

  	
   

  	
  27.07.94

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat-M/B-Prolong-X
  Fax

  	
   

  	
  EP

  	
   

  	
  94921737.6

  	
   

  	
  27.07.94

  	
   

  	
  744109

  	
   

  	
  15.12.99

  
	
  Inmarsat-M/B-Prolong-X
  Fax

  	
   

  	
  Japan

  	
   

  	
  7-521026

  	
   

  	
  27.07.94

  	
   

  	
  3318571

  	
   

  	
  21.06.02

  
	
  Inmarsat-M/B-Prolong-X
  Fax

  	
   

  	
  Australia

  	
   

  	
  72340/94

  	
   

  	
  27.07.94

  	
   

  	
  683281

  	
   

  	
  26.02.98

  
	
  Inmarsat-M/B-Prolong-X
  Fax

  	
   

  	
  Canada

  	
   

  	
  2182809

  	
   

  	
  27.07.94

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  UK

  	
   

  	
  9506759.1

  	
   

  	
  31.03.95

  	
   

  	
  2300540

  	
   

  	
  20.10.99

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  UK
  Div.1

  	
   

  	
  9920083.4

  	
   

  	
  24.08.99

  	
   

  	
  2337663

  	
   

  	
  16.02.00

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  UK
  Div.2

  	
   

  	
  9920085.9

  	
   

  	
  24.08.99

  	
   

  	
  2337664

  	
   

  	
  16.02.00

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  UK
  Div.3

  	
   

  	
  9920087.5

  	
   

  	
  24.08.99

  	
   

  	
  2337665

  	
   

  	
  16.02.00

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  PCT

  	
   

  	
  PCT/GB9600751

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  Canada

  	
   

  	
  2213753

  	
   

  	
  29.03.96

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  Japan

  	
   

  	
  8-529083

  	
   

  	
  29.03.96

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  USA

  	
   

  	
  08/930037

  	
   

  	
  29.03.96

  	
   

  	
  6278696

  	
   

  	
  21.08.01

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  USA
  Div. 1

  	
   

  	
  09/865460

  	
   

  	
  29.05.01

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  India

  	
   

  	
  927/MAS/96

  	
   

  	
  30.05.96

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  Europe

  	
   

  	
  96908234.6

  	
   

  	
  29.03.96

  	
   

  	
  0818100

  	
   

  	
  17.07.02

  



 

















 


	
  Patent Name

  	
   

  	
  Country

  	
   

  	
  Application

  Number

  	
   

  	
  Application

  Date

  	
   

  	
  Grant

  Number

  	
   

  	
  Grant

  Date

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  Europe
  Div. 1

  	
   

  	
  01204112.5

  	
   

  	
  26.10.01

  	
   

  	
  1185054

  	
   

  	
   

  
	
  Inmarsat
  M/B Data Service

  	
   

  	
  Europe
  Div. 2

  	
   

  	
  01204110.9

  	
   

  	
  26.10.01

  	
   

  	
  1185053

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Adaptive
  Channel Management

  	
   

  	
  UK

  	
   

  	
  9524314.3

  	
   

  	
  28.11.95

  	
   

  	
  2307826

  	
   

  	
  19.01.00

  
	
  Adaptive
  Channel Management

  	
   

  	
  PCT

  	
   

  	
  PCT/GB96/02925

  	
   

  	
  27.11.96

  	
   

  	
   

  	
   

  	
   

  
	
  Adaptive
  Channel Management

  	
   

  	
  India

  	
   

  	
  2132/MAS/96

  	
   

  	
  28.11.96

  	
   

  	
   

  	
   

  	
   

  
	
  Adaptive
  Channel Management

  	
   

  	
  South
  Africa

  	
   

  	
  96/9948

  	
   

  	
  27.11.96

  	
   

  	
  96/9948

  	
   

  	
  27.08.97

  
	
  Adaptive
  Channel Management

  	
   

  	
  Norway

  	
   

  	
  P982380

  	
   

  	
  27.11.96

  	
   

  	
   

  	
   

  	
   

  
	
  Adaptive
  Channel Management

  	
   

  	
  Japan

  	
   

  	
  9-520276

  	
   

  	
  27.11.96

  	
   

  	
   

  	
   

  	
   

  
	
  Adaptive
  Channel Management

  	
   

  	
  Canada

  	
   

  	
  2236104

  	
   

  	
  27.11.96

  	
   

  	
   

  	
   

  	
   

  
	
  Adaptive
  Channel Management

  	
   

  	
  USA

  	
   

  	
  09/077363

  	
   

  	
  27.11.96

  	
   

  	
  6226521

  	
   

  	
  01.05.01

  
	
  Adaptive
  Channel Management

  	
   

  	
  USA

  	
   

  	
  09/768089

  	
   

  	
  24.01.01

  	
   

  	
   

  	
   

  	
   

  
	
  Adaptive
  Channel Management

  	
   

  	
  Europe

  	
   

  	
  96939234.9

  	
   

  	
  27.11.96

  	
   

  	
  0864236

  	
   

  	
  18.09.02

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  UK

  	
   

  	
  9616042.9

  	
   

  	
  31.07.96

  	
   

  	
  2315962

  	
   

  	
  04.07.01

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  UK
  Div 1

  	
   

  	
  0106662.0

  	
   

  	
  16.03.01

  	
   

  	
  2357020

  	
   

  	
  22.08.01

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  UK
  Div 2

  	
   

  	
  0106660.4

  	
   

  	
  16.03.01

  	
   

  	
  2357678

  	
   

  	
  22.08.01

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  UK
  Div 3

  	
   

  	
  0106664.6

  	
   

  	
  16.03.01

  	
   

  	
  2357940

  	
   

  	
  22.08.01

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  UK
  Div 4

  	
   

  	
  0106667.9

  	
   

  	
  16.03.01

  	
   

  	
  2357941

  	
   

  	
  22.08.01

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  UK
  Div 5

  	
   

  	
  0106670.3

  	
   

  	
  16.03.01

  	
   

  	
  2357942

  	
   

  	
  22.08.01

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  Germany

  	
   

  	
  19732907.1

  	
   

  	
  30.07.97

  	
   

  	
   

  	
   

  	
   

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  France

  	
   

  	
  9709765

  	
   

  	
  31.07.97

  	
   

  	
   

  	
   

  	
   

  



 


2

















 


	
  Patent Name

  	
   

  	
  Country

  	
   

  	
  Application

  Number

  	
   

  	
  Application

  Date

  	
   

  	
  Grant

  Number

  	
   

  	
  Grant

  Date

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  Canada

  	
   

  	
  2211623

  	
   

  	
  28.07.97

  	
   

  	
   

  	
   

  	
   

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  USA

  	
   

  	
  08/904312

  	
   

  	
  31.07.97

  	
   

  	
   

  	
   

  	
   

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  India

  	
   

  	
  1695/MAS/97

  	
   

  	
  29.07.97

  	
   

  	
   

  	
   

  	
   

  
	
  Point
  to Multipoint HDLC Protocol

  	
   

  	
  Japan

  	
   

  	
  9-238817

  	
   

  	
  31.07.97

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Two-Wire
  Data Interface for Inmarsat-B

  	
   

  	
  UK

  	
   

  	
  9616041.1

  	
   

  	
  31.07.96

  	
   

  	
  2315951

  	
   

  	
  31.01.01

  
	
  Two-Wire
  Data Interface for Inmarsat-B

  	
   

  	
  UK
  Div A

  	
   

  	
  20719.1

  	
   

  	
  22.08.00

  	
   

  	
  2350518

  	
   

  	
  31.01.01

  
	
  Two-Wire
  Data Interface for Inmarsat-B

  	
   

  	
  UK
  Div B

  	
   

  	
  20720.9

  	
   

  	
  22.08.00

  	
   

  	
  2350519

  	
   

  	
  31.01.01

  
	
  Two-Wire
  Data Interface for Inmarsat-B

  	
   

  	
  France

  	
   

  	
  9709764

  	
   

  	
  31.07.97

  	
   

  	
   

  	
   

  	
   

  
	
  Two-Wire
  Data Interface for Inmarsat-B

  	
   

  	
  India

  	
   

  	
  1696/MAS/97

  	
   

  	
  29.07.97

  	
   

  	
   

  	
   

  	
   

  
	
  Two-Wire
  Data Interface for Inmarsat-B

  	
   

  	
  USA

  	
   

  	
  08/904313

  	
   

  	
  31.07.97

  	
   

  	
  6418204

  	
   

  	
  09.07.02

  
	
  Two-Wire
  Data Interface for Inmarsat-B

  	
   

  	
  Canada

  	
   

  	
  2211627

  	
   

  	
  28.07.97

  	
   

  	
   

  	
   

  	
   

  
	
  Two-Wire
  Data Interface for Inmarsat-B

  	
   

  	
  Germany

  	
   

  	
  19732906.3

  	
   

  	
  30.07.97

  	
   

  	
   

  	
   

  	
   

  
	
  Two-Wire
  Data Interface for Inmarsat-B

  	
   

  	
  Japan

  	
   

  	
  9-237607

  	
   

  	
  30.07.97

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat-D
  Forward Channel

  	
   

  	
  UK

  	
   

  	
  9625256.4

  	
   

  	
  03.12.96

  	
   

  	
  2320118

  	
   

  	
   

  
	
  Inmarsat-D
  Forward Channel

  	
   

  	
  Europe

  	
   

  	
  97309703.3

  	
   

  	
  02.12.97

  	
   

  	
  0847148

  	
   

  	
  25.09.02

  
	
  Inmarsat-D
  Forward Channel

  	
   

  	
  Canada

  	
   

  	
  2222384

  	
   

  	
  27.11.97

  	
   

  	
   

  	
   

  	
   

  
	
  Inmarsat-D
  Forward Channel

  	
   

  	
  Japan

  	
   

  	
  9-366104

  	
   

  	
  03.12.97

  	
   

  	
   

  	
   

  	
   

  



 


3

















 


	
  Patent Name

  	
   

  	
  Country

  	
   

  	
  Application

  Number

  	
   

  	
  Application

  Date

  	
   

  	
  Grant

  Number

  	
   

  	
  Grant

  Date

  
	
  Inmarsat-D
  Forward Channel

  	
   

  	
  USA

  	
   

  	
  08/984325

  	
   

  	
  03.12.97

  	
   

  	
  6600757

  	
   

  	
  29.07.03

  
	
  Inmarsat-D
  Forward Channel

  	
   

  	
  USA

  	
   

  	
  10/602766

  	
   

  	
  25.06.03

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Turbo
  Coding

  	
   

  	
  PCT

  	
   

  	
  PCT/GB97/03551

  	
   

  	
  24.12.97

  	
   

  	
   

  	
   

  	
   

  
	
  Turbo
  Coding

  	
   

  	
  Canada

  	
   

  	
  2315795

  	
   

  	
  24.12.97

  	
   

  	
   

  	
   

  	
   

  
	
  Turbo
  Coding

  	
   

  	
  China

  	
   

  	
  97182509.2

  	
   

  	
  24.12.97

  	
   

  	
   

  	
   

  	
   

  
	
  Turbo
  Coding

  	
   

  	
  Europe

  	
   

  	
  97950337.2

  	
   

  	
  24.12.97

  	
   

  	
  1042870

  	
   

  	
  24.04.02

  
	
  Turbo
  Coding

  	
   

  	
  Japan

  	
   

  	
  2000-527033

  	
   

  	
  24.12.97

  	
   

  	
   

  	
   

  	
   

  
	
  Turbo
  Coding

  	
   

  	
  USA

  	
   

  	
  09/582164

  	
   

  	
  24.12.97

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  M4
  Frame Formatting

  	
   

  	
  UK

  	
   

  	
  9804639.4

  	
   

  	
  04.03.98

  	
   

  	
   

  	
   

  	
   

  
	
  M4
  Frame Formatting

  	
   

  	
  France

  	
   

  	
  9902637

  	
   

  	
  03.03.99

  	
   

  	
   

  	
   

  	
   

  
	
  M4
  Frame Formatting

  	
   

  	
  Germany

  	
   

  	
  19909576.0

  	
   

  	
  04.03.99

  	
   

  	
   

  	
   

  	
   

  
	
  M4
  Frame Formatting

  	
   

  	
  US

  	
   

  	
  09/262064

  	
   

  	
  04.03.99

  	
   

  	
   

  	
   

  	
   

  
	
  M4
  Frame Formatting

  	
   

  	
  Canada

  	
   

  	
  2263280

  	
   

  	
  02.03.99

  	
   

  	
   

  	
   

  	
   

  
	
  M4
  Frame Formatting

  	
   

  	
  Japan

  	
   

  	
  11-57383

  	
   

  	
  04.03.99

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  UK

  	
   

  	
  9822145

  	
   

  	
  09.10.98

  	
   

  	
  2343594

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  UK

  	
   

  	
  9905183.1

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  Australia

  	
   

  	
  53554/99

  	
   

  	
  08.10.99

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  Canada

  	
   

  	
  2285168

  	
   

  	
  07.10.99

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  China

  	
   

  	
  99125027.3

  	
   

  	
  09.10.99

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  Japan

  	
   

  	
  11-325921

  	
   

  	
  12.10.99

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  India

  	
   

  	
  981/MAS/99

  	
   

  	
  08.10.99

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  Singapore

  	
   

  	
  9905071.8

  	
   

  	
  08.10.99

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  Singapore

  	
   

  	
  Div  200105447-7

  	
   

  	
  06.09.01

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  USA

  	
   

  	
  09/414948

  	
   

  	
  08.10.99

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  USA

  	
   

  	
  09/590588

  	
   

  	
  08.06.00

  	
   

  	
   

  	
   

  	
   

  
	
  MAC
  Layer Patent

  	
   

  	
  Europe

  	
   

  	
  99307960.7

  	
   

  	
  08.10.99

  	
   

  	
  0993149

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  D-Return
  Channel

  	
   

  	
  PCT

  	
   

  	
  PCT/GB98/00980

  	
   

  	
  02.04.98

  	
   

  	
   

  	
   

  	
   

  
	
  D-Return
  Channel

  	
   

  	
  Europe

  	
   

  	
  98913965.4

  	
   

  	
  02.04.98

  	
   

  	
  0986922

  	
   

  	
   

  
	
  D-Return
  Channel

  	
   

  	
  Canada

  	
   

  	
  2291673

  	
   

  	
  02.04.98

  	
   

  	
   

  	
   

  	
   

  
	
  D-Return
  Channel

  	
   

  	
  USA

  	
   

  	
  09/445017

  	
   

  	
  02.04.98

  	
   

  	
   

  	
   

  	
   

  
	
  D-Return
  Channel

  	
   

  	
  Japan

  	
   

  	
  11-550151

  	
   

  	
  02.04.98

  	
   

  	
   

  	
   

  	
   

  



 


4

















 


	
  Patent Name

  	
   

  	
  Country

  	
   

  	
  Application

  Number

  	
   

  	
  Application

  Date

  	
   

  	
  Grant

  Number

  	
   

  	
  Grant

  Date

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Resource Management

  	
   

  	
  UK

  	
   

  	
  9905181.5

  	
   

  	
  05.03.99

  	
   

  	
  2347824

  	
   

  	
   

  
	
  IPDS
  Resource Management

  	
   

  	
  Europe

  	
   

  	
  99309029.9

  	
   

  	
  12.11.99

  	
   

  	
  1035666

  	
   

  	
   

  
	
  IPDS
  Resource Management

  	
   

  	
  Australia

  	
   

  	
  59431/99

  	
   

  	
  15.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Resource Management

  	
   

  	
  Canada

  	
   

  	
  2289835

  	
   

  	
  15.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Resource Management

  	
   

  	
  India

  	
   

  	
  1105/MAS/99

  	
   

  	
  12.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Resource Management

  	
   

  	
  Japan

  	
   

  	
  11-324239

  	
   

  	
  15.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Resource Management

  	
   

  	
  Norway

  	
   

  	
  19995547

  	
   

  	
  12.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Resource Management

  	
   

  	
  USA

  	
   

  	
  09/440468

  	
   

  	
  15.11.99

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Timing Correction

  	
   

  	
  UK

  	
   

  	
  9905182.3

  	
   

  	
  05.03.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Timing Correction

  	
   

  	
  Europe

  	
   

  	
  99309030.7

  	
   

  	
  12.11.99

  	
   

  	
  1035667

  	
   

  	
   

  
	
  IPDS
  Timing Correction

  	
   

  	
  Australia

  	
   

  	
  59430/99

  	
   

  	
  15.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Timing Correction

  	
   

  	
  Canada

  	
   

  	
  2289838

  	
   

  	
  15.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Timing Correction

  	
   

  	
  India

  	
   

  	
  1104/MAS/99

  	
   

  	
  12.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Timing Correction

  	
   

  	
  Japan

  	
   

  	
  11-331545

  	
   

  	
  22.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Timing Correction

  	
   

  	
  Norway

  	
   

  	
  19995660

  	
   

  	
  18.11.99

  	
   

  	
   

  	
   

  	
   

  
	
  IPDS
  Timing Correction

  	
   

  	
  USA

  	
   

  	
  09/439348

  	
   

  	
  05.11.99

  	
   

  	
   

  	
   

  	
   

  



 


Third Party Patents


 


•      Process for encoding error correction with
at least two systematic interlocking encoding systems in parallel, repetitive
decoding procedure, corresponding decoding module and decoder (“Error
Correction Encoding Procedure”.


 


5

















 


	
  Patent Name

  	
   

  	
  Country

  	
   

  	
  Application

  Number

  	
   

  	
  Application

  Date

  	
   

  	
  Grant

  Number

  	
   

  	
  Grant

  Date

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Error Correction Encoding Procedure

  	
   

  	
  France

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9105278

  	
   

  	
   

  
	
  Error Correction Encoding Procedure

  	
   

  	
  Germany

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  EP 0511141

  	
   

  	
   

  
	
  Error Correction Encoding Procedure

  	
   

  	
  Germany

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  EP 0735696

  	
   

  	
   

  
	
  Error Correction Encoding Procedure

  	
   

  	
  UK

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  EP 0511141

  	
   

  	
   

  
	
  Error Correction Encoding Procedure

  	
   

  	
  UK

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  EP 0735696

  	
   

  	
   

  
	
  Error Correction Encoding Procedure

  	
   

  	
  USA

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  5446747

  	
   

  	
   

  
	
  Error Correction Encoding Procedure

  	
   

  	
  Hong Kong

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  1007841

  	
   

  	
   

  



 


•      Pseudo-systematic
error correction encoding procedure, decoding procedure corresponding devices
(“Pseudo-systematic error correction”).


 


	
  Patent Name

  	
   

  	
  Country

  	
   

  	
  Application

  Number

  	
   

  	
  Application

  Date

  	
   

  	
  Grant

  Number

  	
   

  	
  Grant

  Date

  
	
  Pseudo-systematic error
  correction

  	
   

  	
  France

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9105278

  	
   

  	
  23.04.91

  



 


Contractor Third Party IPR


 


•      IMBE Voice
Codec (Inmarsat-M)


Patent(s)
held (or pending) by Digital Voice Systems, Inc.


 


•      Punctured
Coding


Patent(s)
held (or pending) by KDDI.


 


•      APC Voice Codec
(Inmarsat-B)


Patent(s) held (or pending) by
KDDI.


 


6

















 


LESO Agreement and CFA —
list of signatories


(as at 24 May 2004)


 


 


	
  Country

  	
   

  	
  Name of LESO

  	
   

  	
  Date LESO

  agmt signed

  	
   

  	
  Operational LES

  	
   

  	
  Date CFA signed

  
	
  Algeria

  	
   

  	
  Ministère de la Poste et des Technologies  de l’Information et de la Communication

  	
   

  	
  25-04-04

  	
   

  	
  Yes

  	
   

  	
  25-04-04

  
	
  Brazil

  	
   

  	
  Empresa
  Brasileira de Telecomunicacoes SA (EMBRATEL)

  	
   

  	
  16-04-04

  	
   

  	
  Yes

  	
   

  	
  16-04-04

  
	
  Canada

  	
   

  	
  Stratos Wireless, Inc.

  	
   

  	
  30-01-04

  	
   

  	
  Yes

  	
   

  	
  30-11-03

  
	
  China

  	
   

  	
  Beijing Marine Communication & Navigation
  Company

  	
   

  	
  08-04-04

  	
   

  	
  Yes

  	
   

  	
  08-04-04

  
	
  France

  	
   

  	
  France Telecom Mobile Satellite  Services Communications

  	
   

  	
  29-03-04

  	
   

  	
  Yes

  	
   

  	
  01-12-03

  
	
  Greece

  	
   

  	
  Hellenic Telecommunications Organization (OTE) SA

  	
   

  	
  29-03-04

  	
   

  	
  Yes

  	
   

  	
  29-03-04

  
	
  Hong Kong

  	
   

  	
  Reach Network Hong Kong Ltd

  	
   

  	
  14-04-04

  	
   

  	
  Yes

  	
   

  	
  14-04-04

  
	
  India

  	
   

  	
  Videsh Sanchar Nigam Limited (VSNL)

  	
   

  	
  13-04-04

  	
   

  	
  Yes

  	
   

  	
  13-04-04

  
	
  Iran

  	
   

  	
  Telecommunication Company of Iran (TCI)

  	
   

  	
  16-05-04

  	
   

  	
  Yes

  	
   

  	
  16-05-04

  
	
  Israel

  	
   

  	
  Israel Telecommunications Corp. Ltd. (Bezeq)

  	
   

  	
  04-04-04

  	
   

  	
  Yes

  	
   

  	
  04-04-04

  
	
  Italy

  	
   

  	
  Telecom Italia SpA

  	
   

  	
  08-03-04

  	
   

  	
  Yes

  	
   

  	
  08-03-04

  
	
  Japan

  	
   

  	
  KDDI Corporation

  	
   

  	
  29-03-04

  	
   

  	
  Yes

  	
   

  	
  29-03-04

  
	
  Korea

  	
   

  	
  KT Corporation

  	
   

  	
  04-04-04

  	
   

  	
  Yes

  	
   

  	
  04-04-04

  
	
  Netherlands

  	
   

  	
  Xantic BV

  	
   

  	
  01-04-04

  	
   

  	
  Yes

  	
   

  	
  01-12-03

  
	
  Norway

  	
   

  	
  Telenor Satellite Services AS

  	
   

  	
  13-04-04

  	
   

  	
  Yes

  	
   

  	
  01-12-03

  
	
  Poland

  	
   

  	
  Telekomunikacja Polska SA (Polish Telecom)

  	
   

  	
  14-04-04

  	
   

  	
  Yes

  	
   

  	
  14-04-04

  
	
  Portugal

  	
   

  	
  Companhia Portugesa Radio Marconi SA

  	
   

  	
  31-03-04

  	
   

  	
  Yes

  	
   

  	
  31-03-04

  
	
  Russia

  	
   

  	
  International
  Satellite Communications Centre (ISCC) [was Far Eastern Shipping Company
  (FESCO)]

  	
   

  	
  20-04-04

  	
   

  	
  Yes

  	
   

  	
  20-04-04

  
	
  Russia

  	
   

  	
  Morsviazsputnik

  	
   

  	
  10-03-04

  	
   

  	
  Yes

  	
   

  	
  10-03-04

  
	
  Saudi Arabia

  	
   

  	
  Saudi Telecom Company (STC)

  	
   

  	
  12-04-04

  	
   

  	
  Yes

  	
   

  	
  12-04-04

  
	
  Singapore

  	
   

  	
  Singapore Telecommunications Ltd

  	
   

  	
  08-04-04

  	
   

  	
  Yes

  	
   

  	
  08-04-04

  
	
  Thailand

  	
   

  	
  CAT Telecom Public Company Limited

  	
   

  	
  21-04-04

  	
   

  	
  Yes

  	
   

  	
  21-04-04

  
	
  Turkey

  	
   

  	
  Türk Telecommunication AS

  	
   

  	
  31-03-04

  	
   

  	
  Yes

  	
   

  	
  31-03-04

  
	
  UAE

  	
   

  	
  Emirates Telecommunications Corp (ETISALAT)

  	
   

  	
  13-04-04

  	
   

  	
  Yes

  	
   

  	
  13-04-04

  
	
  Vietnam

  	
   

  	
  Vietnam
  Maritime Communications & Electronics Company (VISHIPEL)

  	
   

  	
  12-04-04

  	
   

  	
  Yes

  	
   

  	
  12-04-04

  



 


7