Form 703 Amendment (Aug 23, 2000)

0013-EX-TU-2000 Text Documents

XM Radio Inc.

2001-07-09ELS_47260

ShawPittman                                                                                                           ORIGINAL
                                                                                                i    EB9
A LawPartnership Including Professional Corporations   David S. Konezalf\j{ M          3 o h!        Ud
                                                       §(202) 454—7032
                                                       i david. konczal@shawpittman.com



                                                                    August 23, 2000                                   HE@E; VE
                                                                                                                      6R                   D;
        VIA HAND DELIVERY
                                                                                                                          /-\UG 2 3 2000
        Ms. Magalie Roman Salas                                                                                   Tebcommgng
        Secretary                                                                                                     amm??fi;”sfifififim
        Federal Communications Commission                                                                                         0
        The Portals
        445 12th Street, SW
        Washington, DC 20554

                                  RE:           XM Radio Inc.
                                               FCC Form 703
                                               Call Sign WB2XCA
                                               Amen            nt      Applicati           r   Transfer               1

        Dear Ms. Salas:

                Pursuant to the request of Commission staff, XM Radio Inc., by its attorneys,
        hereby files an original and four (4) copies of an amendment to its application on FCC
        Form 703 for consent to the transfer of control of XM Radio Inc., holder of the above—
        captioned experimental license, from Motient Corporation to the Shareholders of XM
        Satellite Radio Holdings Inc., none of whom will have a controlling interest.

                     Please contact the undersigned with any questions.

                                                                                         Sincerely,

                                                                                       E/ dLZ
                                                                                        David S. Konézal


        ce:          Carl Huie, Office of Engineering and Technology, FCC




                                                                                                                                  )   Washington, DC
                                                           |                                                                          Northern Virginia
                                                           |                                           {                              New York
                                                                                                       i                              Los Angeles
2300 N Street, NW Washington, DC 20037—1128                :        202.663.8000 Fax: 202.663.8007         www.shawpittman.com        London


sepomsbyon                                                       ORIGINAL
Seereverse for public
   i      11/30/99
                                                         UNITED STATES OF AMERICA
burden estimate.                             FEDERAL COMMUNICATIONS COMMISSION


 PART | — APPLICATION FOR CONSENT TO TRANSFER CONTROL OF CORPORATION HOLDING STATIO                                                                                              \Cfgfi
                          (This application must be filed before Transfer of Control takes place) REC
  1.(a) Name of corporate licensee
 XM Radio Inc.                                                                                                                                                  Auc 23 2000
  (b) Number and street address
 1500 Eckington Place,                                    NE                                                                                            fimmunmfififlfififl%#f“
  (c) City                                                                             (d) State                                       (e) ZIP Code             @FFICE OF THE SECRET
 Washington                                                                           DC                                               20002
  2. Internet address:                                                                 3. Taxpayer Identification Number
 www . xmradio.com                                                                    521805102
  4. Call sign and radio service of each station
 WBZ2XCA


  5.(a) Fee Type Code                                    (b) Fee Multiple              {c) Fee Due $
 EAE                                                    1
  6. Name(s) and Address(es) of Transferee

  XM Satellite Radio Holdings Inc.                                                                                                                                         ¥
                                                                                                                                                                           i.


  7. Subsequent to the Transfer of Control, will the licensee corporation be the same corporate entity? That is, will it retain its present name, corporate charter,       +"¥ES           NO
  State of incorporation, etc.? If "NO", give details on Page 3.                                                                                         .                  2               C

  8. Subsequent to the Transfer of Control, will the licensee corporation be a representative of any foreign government? If "YES", give details on         —           1        %
                                                                                                                                                                     ags                   x
  Page 3.

  9. THIS SECTION TO BE ANSWERED ONLY BY LICENSEES OF PUBLIC COAST, AIRPORT CONTROL TOWER, AERONAUTICAL ENROUTE, AERONAUTICAL FIXED,
  OR COMMON CARRIER ALASKA PUBLIC FIXED STATIONS. SUBSEQUENT TO THE TRANSFER OF CONTROL:
                                                                                                                                                                                ves, | no
  (a) Witl any officer or director of such corporation be an alien? If "YES®, see Instruction 6.                                                                                N/A

  (b) Will more than 1/5 of the capital stock be either owned of record or may it be voted by aliens or their representatives, or by a foreign government or                       _
  representative thereof, or by any corporation organized under the laws of a foreign country? If "YES", see Instruction 6.                                                     N /A

  (c) Wil! the licensee be directly or indirectly controlled by any other corporation? If "YES", answer Items (d) through (h) below.                                            N / Zt\.

  (d) What is the name and address of the corporation in immediate control? N / A
  (e) Under the laws of what State or Country is the controlling corporation organized? N / A

  (f) is more than 1/4 of the capital stock of controlling corporation either owned of record or may it be voted by aliens or their representatives, or by a                    YES        NO
  foreign government or representative thereof, or by any corporation organized under the laws of a foreign country? if "YES®, give details on
  Page 3.                                                                                                                                                                       N/A
  (g) is any officer or more than 1/4 of the directors of the controlling corporation an alien? If *YES", on Page 3 state name, nationality, and position of each,
  and state the total number of directors, and give a brief biographical statement for each alien.                                                                              N/A
  (h) is the controlting corporation in turn controlled by other companies? If "YES®, on Page 3, or a separate sheet of paper, provide information for each of
  these controlling companies covering information requested in Items (d) through (h).                                                                                          N/ A

                                                                                 CERTIFICATION
  @    Applicant waives any claim to the use of any particular frequency regardless of prior use by license or otherwise;
  ®    Applicant will have unlimited access to the radio equipment and will control access to exclude unauthorized persons;
  ®    Neither applicant nor any member thereof is a foreign government or representative thereof,
  ®@   Applicant certifies that all statements made in this application and attachments are true, complete and made in good faith;
  ®    Neither the applicant nor any other party to the application is subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug
         Abuse Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance.

  WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR
  REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(A)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47,
  SECTION 503).



  SIGNATURE %\’j a.                                                                                                                          patEAugust 23, 2000
                           Authprized Em plow Licensee Corporatio            t

  SIGNATURE ,———>                        w\f%’ ~—                                                                                           DATEAugust 23,                        2000
                          Transferee of Control (Check one)
                              [] Individual                   [_] Partner        [X] Officer           [] Other (Specify):

FPI—LOM 7600717                                                                                                                                        FCC 703 — PAGE 1 JANUARY 1997


  DETAILS / ADDITIONAL INFORMATION: XM Satellite Radio Holdings Inc. is the
parent company of XM Satellite Radio Inc., which is the parent company of
XM Radio Inc.              XM Radio Inc.            holds the license referenced in Question 4.
Currently, Motient Corporation ("Motient")                           controls XM Satellite Radio
Holdings Inc.  With this application, XM Satellite Radio Holdings Inc.
seeks authorization to transfer control from Motient Corporation to the
Shareholders of XM Satellite Radio Holdings Inc., none of whom will have a
controlling interest.
     XM Radio Inc. also holds a Commission license to launch and
operate a Satellite Digital Audio Radio Service (DARS) system.
On July 14, 2000, XM Satellite Radio Holdings Inc. filed an application
on Form 312 to transfer control of XM Radio Inc.,                                and its DARS license,
from Motient Corporation to the Shareholders of XM Satellite Radio
Holdings Inc.




                                                  UNITED STATES OF AMERICA
                                             FEDERAL COMMUNICATIONS COMMISSION
PART || — AUTHORIZATION TO HOLD STATION LICENSE(S) AFTER TRANSFER OF CONTROL OF CORPORATION

1. Name and mailing address of corporate licensee
XM Radio Inc.
1500 Eckington Place, NE                                                        CONDITIONS OF GRANT
Washington,          DC      20002
                                                              The corporate licensee is hereby authorized to continue holding
                                                              the radio station license(s) listed in item 2 on the basis of the
                                                              representations made in the application for this authorization.
2. Call sign and radio service of each station
                                                              This authorization is granted for the term of the outstanding
WB2XCA
                                                              license(s) for the station(s) listed in item 2.


                                                              DATE AUTHORIZED:




                                                                              FEDERAL
                                                                              COMMUNICATIONS
                                                                              COMMISSION


       THIS AUTHORIZATION TO BE FILED WITH
      CORPORATION‘S RADIO STATION RECORDS

                                                                                                     FCC 703 — PAGE 3 JANUARY 1997



Document Created: 2001-07-09 07:55:20
Document Modified: 2001-07-09 07:55:20

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