Form 703 Amendment (Sep 25, 2000)

0013-EX-TU-2000 Text Documents

XM Radio Inc.

2001-07-09ELS_47261

ShawPittman mlas e ORIGINAL A Law Partnership Including Professional Corporations (202) 454—7032 david.konczal@shawpittman.com September 25, 2000 VIA HAND DELIVERY Mr. Carl Huie Office of Engineering and Technology Federal Communications Commission Room 7—A361 445 12th Street, SW Washington, DC 20554 RE: XM Radio Inc. FCC Form 703 Call Sign WB2XCA Application Dear Mr. Huie: As you requested, XM Radio Inc., by its attorneys, hereby submits an original (with original signatures) 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/AE — avid S. Konczal Document #: 1004258 v.1 Washington, DC Northem Virginia New York Los Angeles 2300 N Street, NW Washington, DC 20037—1128 i 202.663.8000 Fax: 202.663.8007 www.shawpittman.com London

Approved by OMB 3060—0053 SePreversetorpublic UNITED STATES OF AMERICA 22 —LY¥V. 7TC — ? woy bnrdon estmate FEDERAL COMMUNICATIONS COMMISSION PART | — APPLICATION FOR CONSENT TO TRANSFER CONTROL OF CORPORATION HOLDING STATION LICENSE (This application must be filed before Transfer of Control takes place) 1.(a) Name of corporate licensee XM Radio Inc. (b) Number and street address 1500 Eckington Place, NE (c) City (d) State (e) ZIP Code Washington DC 20002 2. Internet address: 3. Taxpayer Identification Number www .xmradio.com 521805102 B2XCA 4. Call sign and radio service of each station 6.(a) Fee Type Code (b) Fee Multiple {(c) Fee Due EAE 1 $ 45.00- 6. Name(s) and Address(es) of Transferee XM Satellite Radio Holdings Inc. 7. Subsequent to the Transfer of Control, wil} the licensee corporation be the same corporate entity? That is, will it retain its present name, corporate charter, YES NO State of incorporation, etc.? If *NO", give details on Page 3. x 8. Subsequent to the Transfer of Control, will the licensee corporation be a representative of any foreign government? if "YES®, give details on Page 3. KX 9. THIS SECTION TO BE ANSWERED ONLY BY LICENSEES OF PUBLIC COAST, AjARPORT CONTROL TOWER, AERONAUTICAL ENROUTE, AERONAUTICAL FIXED, OR COMMON CARRIER ALASKA PUBLIC FIXED STATIONS. SUBSEQUENT TO THE TRANSFER OF CONTROL: ves | no {a) Will any officer or director of such corporation be an alien? If *YES", see Instruction 6. N/ * (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/ {c) Will the licensee be directly or indirectly controlled by any other corporation? If *YES", answer ems (d) through (h) below. N/ {d) Whatis 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 mayit 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 N/ Page 3. (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/ (h) is the controlling 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/ 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). DATE25, nc n SIGNATURR——— 22 L mol ols e DATE September 25, 2000 & Transteree of {Check one} [Q] Individual [Z] Pariner [X] Officer {_] Other (Specify): FPHLOM 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 II — 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 wWB2XCA 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 07:56:41
Document Modified: 2001-07-09 07:56:41
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