[2025] EWHC 1160 (TCC)

By Change Control Note 5 (“CCN5”) signed on 31 October 2018, the following changes were made to Annex 8 to Schedule 1 and Schedule 3 to the SOW (referred to in CCN5 as “SOW 1”):

“CHANGE NO. 1 - IN-LIFE CAPACITY MANAGEMENT, TRANSFER OF SERVICES FROM HYLAS 1 TO HYLAS 4:

(a)

To provide EE with expansion path for additional capacity and specifically addressing the increasing demand for return path capacity based on increasing symmetry in forward and return directions.

(b)

Increases lifetime of space segment from 7 years (HYLAS 1) to 19 years (HYLAS 4).

(c)

To complete the transfer before the end of 2018 to accommodate new ESN services/users starting from January 2019.

CHANGE NO.2 - COMMERCIAL IMPROVEMENTS

(a} a revised price of £400 per Mbps on a pay-as-you-go basis for any burstable additional capacity outside of the Fixed Capacity has been agreed.

The Parties have also agreed that Supplier will use reasonable efforts to make service improvements as identified in part 'a' below of this CCN00S. This will not be a formal change to the Agreement…

This CCN shall expire only on termination of SOW 1”

HYLAS 1 and HYLAS 4 are satellites operated by Avanti. At this time, Avanti was also using its HYLAS 2 satellite to provide its services.