ICO Global Communications (Holdings) Limited (ICO) (NASDAQ:ICOG) learned the European Commission (EC) has not selected ICO’s subsidiary, ICO Satellite Limited, for S-band mobile satellite services (MSS).

This process, known as Decision No. 626/2008/EC, was started in 2008 with the stated purpose of selecting and awarding European-only mobile satellite services authorizations for an 18-year period. ICO is challenging this process, having initiated legal proceedings in September 2008 in the European Court of First Instance seeking the annulment of Decision No. 626/2008/EC of the European Parliament. ICO contends that the Decision is illegal and should be annulled pursuant to Articles 230 and 231 of the Treaty establishing the European Community. As these legal proceedings had not been completed by the October 2008 deadline to submit applications to the EC to provide MSS, ICO Satellite Limited filed an application with the EC as called for in the above mentioned Decision, without prejudice, pending the outcome of the proceedings in the European Court of First Instance.

“ICO has spent years clearing the S-band worldwide, has an operational satellite using this frequency band and is registered in the International Telecommunications Union (ITU) Master International Frequency Register (MIFR). We believe the just-concluded EU process jeopardizes years of international cooperation and coordination that has governed satellite communications worldwide,” commented Michael Corkery, acting chief executive officer of ICO. “ICO will continue assessing its options in defending its international legal rights.”