28.1.93 Official Journal of the European Communities No L 20/23 COMMISSION DECISION of 23 December 1992 relating to a proceeding pursuant to Article 85 of the EEC Treaty ' (IV/32.745 — Astra) (Only the English and French texts are authentic) (93/50/ EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (*), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 2 thereof, Having regard to the notification for exemption submitted pursuant to Article 4 of Regulation No 17 on 3 June 1988 by British Telecommunications plc (here- inafter ‘BT”), Société européenne des satellites SA (hereinafter ‘SES’) and BT Astra SA, of a series of agreements and related documents regarding the marketing and provision of television broadcasting services by satellite, which notification was subsequently amended by BT to include also an application for negative clearance, Having decided on 3 April 1990 to open proécedings in the case, Having given the undertakings concerned the oppor- tunity to reply to the objections raised by the Commission pursuant to Article 19 (1) of Regulation No 17 and Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17 (%), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: L. FACTS (1) On 3 June 1988, BT, SES and BT Astra SA notified to the Commission of the European Communities for exemption only a series of agreements and related documents regarding the marketing and provision of television broadcasting (") OJ No 13, 21. 2. 1962, p. 204/92. " () O] No 127, 20. 8. 1963, p. 2268/63. @ ® _services by satellite; subsequently, in its reply to the Commission’s statement of objections, BT argued that Article 85 (1) did not apply to the arrangements and by letter of 5 December 1990 formally requested the notification to be considered as amended in that respect. A. The parties SES is a Luxembourg corporation established in 1985 for the purpose of opeérating satellites. Its first satellite, Astra I A, launched in December 1988, was the first medium-powered satellite not owned by telecommunications organizations (‘TOs’) offering international television services in Europe. At the time of notification, SES did not yet have a turnover. Capital to cover the costs of purchasing the satellite, having it launched and other expenses such as marketing and insurance, were covered by the input of approximately twenty shareholders from various Member States and others, and State-guaranteed bank loans. In 1991, SES’s turnover rose to Lfrs 3471954 747. A second medium-powered SES satellite, Astra I B, was launched in February of 1991. BT has a number of subsidiaries, none of which is involved in the satellite sector. BT’s total turnover for the year ended March 1992 was + £ 13337000 000. BT is a licensed operator, entitled to carry out telecommunications  activities in the United Kingdom, which includes uplinking signals to satellites. According to Condition 1.1 of BT’s licence granted under Section 7 of the Telecommuni- cations Act 1984, the ‘Universal provision of tele- communications services’ is imposed on BT vis-d-vis every person who requests such services; Condition 5 further requires BT to take all steps to provide international connection services to its customers to the extent necessary to meet all reasonable demands for such services. Condition 53-5-b provides for exceptions and limitations to