Bankruptcy Court's CBA Decision Riddled With Errors, SES Tells District Court

The U.S. Bankruptcy Court ruling on behalf of Intelsat regarding the collapse of the C-Band Alliance (CBA) "copied Intelsat’s arguments almost verbatim while ignoring governing law and critical facts," appellant SES briefed Friday in the U.S. District Court for Eastern Virginia (docket 3:22-cv-668) in its appeal of that bankruptcy court ruling (see 2210140063). It said reversible errors by the bankruptcy court include concluding that the 50-50 proceeds deal between the two satellite operators applied only if the two sold their C-band spectrum rights directly rather than if the FCC auctioned them. SES said the court concluded that despite clear language in the CBA agreement and ignoring the unbroken course of performance of months of collaborating under the CBA agreement even after the FCC opted to go the auction route. It said the bankruptcy court also erred when it held the CBA contract didn't apply but also precluded SES' unjust enrichment claim.