31.12. 94 No L 354/75 Official Journal of the European Communities COMMISSION DECISION of 15 December 1994 . relating to a proceeding pursuant to Article 85 of the EC Treaty and Article 53 of the EEA Agreement \ (IV/34.768 — International Private Satellite Partners) (Only the English and Italian texts are authentic) (Text with EEA relevance) (94/895/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, 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 Articles 2, 6 and 8 thereof, Having regard to the application for negative clearance and the notification for exemption, submitted pursuant to Articles 2 and 4 of Regulation No 17 on 28 June 1993 by the parties concerned below, Having regard to the request made by the parties on 14 February 1994, to extend the application and notification to Article 53 of the EEA Agreement, Having regard to the summaries of the application and notification published () pursuant to Article 19 (3) of Regulation No 17, After consultation with the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS A. INTRODUCTION (1)  On 28 June 1993, 20 agreements relating to the creation of a company were notified to the Commission. The company, International Private Satellite Partners (hereinafter referred to as IPSP) has been created under the form of a limited partnership organized under United States law, and (') OJ No 13, 21. 2. 1962, p. 204/62. {2) OJ No C 305, 11. 11. 1993, p. 13 and O] No C 159, 10. 6. 1994, p. 2. has been formed to provide (a) international business telecommunications services to businesses in Europe and North America using its own satellite system on a one-stop shop basis; and (b) to offer bulk transmission capacity to third parties, to the extent that the capacity of the satellites is not fully utilized by IPSP or its partners. Following the entering into force of the EEA Agreement, the parties requested the Commission on 14 February 1994 to extend the notification to cover also Article 53 of the EEA Agreement. Following such request the Commission started the " relevant cooperation procedure with the EFTA Surveillance Authority. B. THE PARTIES (a.a) The partners (2)  Orion Satellite Corporation (hereinafter referred to as ‘OrionSat’), which is a company organized under the laws of the State of Delaware, created by its ultimate parent company, Orion Network - Systems, to serve as the general partner in IPSP. It holds the United States Federal Communications Commission (hereinafter referred to as ‘the FCC’) licence to construct, launch and operate IPSP’s two satellites and has broad authority to manage and control IPSP’s development and operations. Orion Network Systems, which is also a limited partner ~in IPSP, provides telecommunications facilities and services, in particular point-to-point transmission services using subleased capacity. OrionSat, as general partner, has a [...] (*) interest in the partnership that has to be added to an additional [...] held by Orion Network Systems. (3)  British Aerospace Communications, which is a limited partner of IPSP belonging to the British Aerospace group (hereinafter referred to as ‘BAe’) of companies, and formed by the latter specifically for the purpose of investing in IPSP. () [...] Blanks between square brackets indicate business secrets deleted pursuant to Article 21 (2) of Regulation No 17.