Intelsat, the Luxembourg- and Washington-based satellite operator, about $1.5 million per year to control and operate the orbiting satellite, called ICO-F2.
With no new buyer for the satellite on the horizon, Pendrell said it will retire ICO-F2 by June.
Pendrell said in an April 17 statement that it is still evaluating its appeal options against Boeing. Pendrell continues to negotiate with operators of gateway Earth stations that had been built for the ICO constellation. In its SEC filing, the company said there remained $49.5 million in unsettled gateway-related claims.
Pendrell said it had already spent, as of Dec. 31, $21 million to prosecute and defend its lawsuit against Boeing alleging fraud and breach of contract relating to the contracts to build and launch the ICO constellation. The appeals court ruling ordered ICO to reimburse Boeing’s appeals court-related costs.
Pendrell is now busy remaking itself into an intellectual property and digital-rights management specialist with no apparent involvement in satellites.
The 52-page ruling sides with Boeing on just about every aspect of the lawsuit. But while agreeing with Boeing that ICO’s allegations of fraud and breach of contract were without merit, the ruling is not without criticism of the behavior of Boeing’s satellite and launch vehicle divisions.
Written communications unearthed during the legal proceeding showed that Boeing satellite officials did not always act with their customer’s best interests. Boeing repriced the satellite construction contract — which was revised on several occasions — in a way that was not always transparent to ICO. The company also appeared to work in league with Boeing’s launch vehicle division to assure that it was not ill-used by ICO, even though the satellite division had been under contract to find the best possible launch option for the ICO constellation.
ICO’s original contracts were with Hughes Space and Communications, a satellite builder that was subsequently purchased by Boeing. Hughes had contracts with Boeing for Delta 3 rocket launches, but was trying to rid itself of these contracts because of the Delta 3’s early performance. The short-lived rocket reached orbit just once, during its third and final mission.
But in neither case was Boeing’s actions the cause of any harm to ICO. “This may have been ethically objectionable and arguably a breach of contract,” the court said in its ruling, referring to the apparent collusion between Boeing’s satellite and launcher divisions. But it did not have any measurable impact on ICO’s fortunes.
“To recover for fraud, a party must prove that the conduct of the defrauding party caused damage,” the court concluded.
ICO had been purchased out of Chapter 11 bankruptcy by an investment company representing McCaw after his earlier satellite broadband network, called Teledesic, had collapsed before being launched.
Pendrell said in its SEC filing that it has more than $2 billion in ICO-related tax losses following the company’s satellite investments — enough to offset future Pendrell income taxes for as long as 20 years.
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