Attachment 1995CD Radio revised

1995CD Radio revised

SUBMISSION FOR THE RECORD submitted by CD Radio

FCC Form 430

1995-10-27

This document pretains to SAT-AMD-19900801-00046 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD1990080100046_1080396

WILEY, REIN & FIELDING 1776 K STREET, N. W RECE'VED WASHINGTON, D. C. 200 06 UCI 2 ’7 '995 (202) 429—7000 orpio ces esCOMMISION @%@ ILE WRITER‘S DIRECT DIAL NUMBER (202) 429—7049 October 27, 1995 (202) 429—7269 William Caton Acting Secretary Federal Communications Commission 1919 M Street, NW, Room 222 Washington, DC 20054 Re: Satellite CD Radio, Inc. File Nos.— 58/59—DSS—AMEND—90 44 /45 —DSS—AMEND— 92 Dear Mr. Caton: Satellite CD Radio, Inc. ("CD Radio") hereby submits a revised FCC Form 430 for its pending application. If there are any questions about the foregoing, please contact the undersigned. Respectfully submitted, _ mdns cce nmm imn 7 y T—~fartrR.: Tranwk—~—————~~ Counsel for Satellite CD Radio, Inc. CRF/bap Encl. cc: Rosalee Chiara

LICENSEE QUALFICATON agport QECENQQ gfi?1‘9"“{& P‘ a iz~ :‘a'«~-~- INSTRUCTIONS A. Ihne CFuer‘ cfo insg report s defined :o neide. (l) An appucant, wrere ns cagort § Su0m theg Feoemar n oo ggfi?@fi@@?%‘ hapocarye— carrer and sateihte radio authordy as requred for such acOncabons; x6 2° 40 censee or sermirse., Cog @%ifij eWM cV L 0. Commssgon‘s Tues ‘o be supmilled on an irrua tass. 3 Supmut an w grai and one copy ‘s5 gn orgimal cnily) to the Fegeral Corvmurcat ons Commssion, wasringtan, 30 305541 6 mare cnanm c~a ic > service s ‘sied n lam O. supmit an additional copy for each such agatonal serece 5 ‘~g report 5 seimg Gupm{‘led m conpechcr win c~ application for rad ruthorify. attach 1 io ‘hat appiication o oaon * T. Do not supmit a ‘se win ‘ng report. 1. Business Name and Address (Number, Street, State and 2ZIP — 2. (Area Code) Telephone Number: Code) of Filer‘s Principal Office: 202—296—6192 Satellite CD Radio, Inc. 3. If this report supercedes a previously 1001 22nd Street, N.». filed report, specify its date: asnington, DC 2 Washington 0037 December 1, 1994 4. Filer is (check one): 5. Under the laws of what State (or o:her 7 individual C Partnership (X] Corporation Jurisdiction) is the Filer organized? Delaware C] Other (Specify): 6. List the common carrier and satellite radlo services in which Filer has applied or is a current licensee or permittee: Private Satellite Carrier 7(a) Has the Filer or any party to this application had any FCC station license or permit revoked or had any application for permit, license or renewsal denied by C Yes {x] No this Commission? /f "YVES", attach as Exhibit | a statement giving call sign and file number otf license or permit revoked and relating cireumstancer (b) Has any court finally adjudged the Filer, or any person directly or indirectly controlling the Filer, gullty of unlawfully monepolizing or attempting unlawfully C Yes { No to monopolize radlo communication, directly or indirectly, through control of manufacture or sale of radlo apparatus, exclusive traffic arrangement, or other means of unfair methods of competition? if "VES", attech as Exhibit i a statement relating the facts (c) Has the Filer, or any party to this application, or any person directly or indirectly y controlling the Fller ever been convicted of a felony by any state or Federal C ¥yes {5] No Court? if "VES", attach as Exhibit II! a statement relating the facts (d) Is the Filer, or any person directly or indirectly controlling the Filer, presently C ve N a party in any matter referred to items 7(b) and 7(c)? if "VES", attich as 8 o Exhibit N a statement relating the facts 8. is the Filer, directly or indirectly, through stock ownership, contract or otherwise, C ves —;@ No currently Interested in the ownership or control of any other radio stations licensed by this Commmission? if "VES", submit as Exhibit V the name otf sach such liscensee and the licensee‘s relation to the Filer. If Filee is an individual (sole proprietorship) or partnership, answer the following and Item 11: N/A 9(a) Full Legal Name and Residential Address (b) is Individual or each member (Number, Street, State and ZIP Code) of of a partnership a citizen of Individual or Partners: _ the United States? * J Yes [( No (c) is individual or any member of a partnership a—representative of an allen or of a foreign government? J Yes [] No FCC 430 — Page i March 1993

©a _ er $ & corsoral on antwer cne o 3w ~g ang tem a). Atacgn as Ex«nocdt y vOoot"e rames, agdgresses, and Citce~s— 2 m CA~ — * at~~ s.0C€*°0 ~ 18°3 TWt tpf : P1IIt: and/or voting °0 percent or more of the Filer‘s vourg stock and ina sersentages 3c —c 1 case of fiqucary contro!, indicate the beneficlarylies} or c.ass of bereficiares 0 20 See Exhibit VI (b) List below, or attach as Exhibit VIl the names and addresses of the officers and airectors of :—s Filer. Robert D. Briskman Satellite CD Radio, Inc. President 1001 22nd Street, NW Washington, DC 20037 Lawrence F. Gilberti (Same as above) Secretary and Sole Directo (c) is the Filer directly or Indirectly controlied by any other corporation? — If VE$", attach as Exhibit Vill a statement {lincivding organizational dirgrams where appropriate) which fully @ yes [ No and complaetely identities the nature and extent of control. Include the following: (1) the address ind prim ary business of the controlling corporation and any intermediate subsidiaries; (2) the namaes, addressos, ind citizenship et these stockholders holding 10 percant or more of the controiling corporation‘s voting stock; (3) the spproximate percentage ot total veting stock held by erch such stockholder; and (4) the names and addresses fo the prosident and directors of the controlling corporation. See Exhibit VIII (d) Is any officer or director of the Filer an alien? ]¥Yes K No (e) is more than one—fifth of the capital stock of the Filer owned of record or — voted by allems or their representatives, or by a foreign government or representa— C] Yes No tive(s) thereof, or by a corporation organized under the laws of a foreign country? (f) is the Filer directly or Indirectly controlled: (1) by any other corporation of which any officer or more than one—fourth of the directors are allens, or (2) by any £&ves C No foreign corporation or corporation of which more than one—fourth of the capital stock is owned or voted by allens or their representatives, or by a foreign government or representatives thereot. (g) If any answer to questlions (d), (e) or (f) is "YES", attach as Exhibit IX a statement identifying the allens or foreign entitles, their nationality, their relationship to the Filer, and the percentage of stock they own or vote. See Exhibit IX 11. CERTFICATION This report constitutes a material part of any application which cross—references it, and ail statements made in the at— tached exhibits are a material part thereot. The ownership Iinformation contained in this report does not constitute an ap— plication for, or Commission approval of, any transfer of control or assignment of radio facilities. The undersigned, in— dividually and for the Fller, hereby certifies that the statements made herein are true, complete and correct to the best of Filer‘s knowledge and beliet, and are made in good faith. WILLFUL FALSE STATEMENTS Date Filer (Must co spond with that Typed or Printed Name \2rpufiermaleay"EnsaND IMPERISONMENT (U.S. Code 10/27/95 foolied Satellite CD Radio, Inc.| Robert D. Briskman AeSdreno 0sthriEn LICENSE OR CONSTRUCTION Signature Title PERMIT (U.S. Code, . Title 47, Section 312(a¥ 1)). w S‘ President e NOTICE TO INDINMIGUALS REQUIRED BY THE PAMACY ACT OF 1974 AND THE PAPEARWORK REDUCTION ACT OF 1980 The solictation of personal information requested in ths form i to determine if you are qualified to becorne or remain a licensee in a common carmier or satellite radio service pursuyant to the Communications Act of 1934, as armended. No authorization can he granted uniless all information "equested & provided. Your resporse s requred to obtain the requested authorization or retain an authorization. Public reporting burden for ths collection af information s estrmated to average 2 hours per response, including the tme for reviewing instruc— tiong, searching existing data sources, gathering and maintaining the data needed, and completing and roviewing the collection of information, Sernq comments regarding this burden estrmate or anmy other aspect of the collection of information, including suggestions for reducing ths burgen ‘o Federal Communications Commesion, Office of Managing Orector, Washington, OC 20854, and to Office of Management and Budget, Paperwor« Reduction Project (3060—010§), Washington, OC 20503. FCC 430 — Page 2 March 1993

Satellite CD Radio, Inc. FCC Form 430 October 16, 1995 EXHIBIT VI STOCKHOLDERS OWNING OF RECORD AND/OR VOTING 10 PERCENT OR MORE OF THE FEILER‘S VOTING STOCK Percentage of Stock Name & Address Ownership CD Radio Inc. 100% 1001 22nd Street, N.W. Washington, D.C. 20037

Satellite CD Radio, Inc. FCC Form 430 October 16, 1995 EXHIBIT VIII CONTROL OF SATELLITE CD RADIO, INC. Satellite CD Radio, Inc. is a wholly—owned subsidiary of CD Radio Inc. (1) Address and Primary Business 1001 22nd Street, N.W. Washington, D.C. 20037 The primary business of CD Radio Inc. is the ownership of the stock of the filer.

(2) Name, Address and Citizenship of Stockholders Holding 10 Percent or More of the Voting Stock of CD Radio Inc. Percentage of Voting Stock Name & Address Ownership Citizenship Darlene Friedland 28 .60% U.S. c/o CD Radio Inc. 1001 22nd Street, N.W. Washington, D.C. 20037 David Margolese 17 .28% Canada c/o CD Radio Inc. 1001 22nd Street, N.W. Washington, D.C. 20037

(3) Names and Addresses of Officers and Directors of CD Radio Inc. Names & Address Title David Margolese Chairman & Chief c/o CD Radio Inc. Executive Officer/ 1001 22nd Street, N.W. Director Washington, D.C. 20037 Robert Briskman Vice President & c/o CD Radio Inc. Chief Technical 1001 22nd Street, N.W. Officer/Director Washington, D.C. 20037 Lawrence F. Gilberti Secretary/Director c/o CD Radio Inc. 1001 22nd Street, N.W. Washington, D.C.20037 Jack Rubinstein Director c/o CD Radio Inc. 1001 22nd Street, N.W. Washington, D.C. 20037 Ralph V. Whitworth Director c/o CD Radio Inc. 1001 22nd Street, N.W. Washington, D.C. 20037 Peter K. Pitsch Director c/o CD Radio Inc. 1001 22nd Street, N.W. Washington, D.C. 20037

Satellite CD Radio, Inc. FCC Form 430 October 16 1995 EXHIBIT IX OWNERSHIP OF CD RADIO INC. CD Radio Inc., which owns all of the issued and outstanding stock of the filer, has six (6) directors. One of the directors, David Margolese, is a citizen of Canada. In addition, certain of the company‘s outstanding stock is owned of record by non—U.S. citizens. Specifically: — Mr. Margolese owns 17.28% of the company‘s outstanding stock; . — Gee & Co., an entity controlled by non—U.S. citizens, owns 3 .78%; — Rowena Huberman, a citizen of Canada, owns 3.31%; — Canada Trust Company, a Canadian corporation acting as trustee for the Prudential Insurance Co. of America, owns 2 .59% ; — Hemery Nominees Ltd., a corporation organized in the Channel Islands, owns 2.16%; — First Marathon Securities Limited, a Canadian corporation, owns 1.08%; — Regent Star Investment Limited, a Hong Kong company, owns 0 .54%; — Greenport Investment Limited, a Hong Kong company, owns 0 .54 %; — CSA Management, an entity controlled by non—U.S. citizens, owns 0.32%; — Balshine Foundation, a corporation organized in British Columbia, owns 0 .23%; — Jeanette Greenhut, a citizen of Canada, owns 0.07%;

— Leslie Bing, a citizen of Canada, owns 0.06%; — Melas Overseas Inc., a U.K. corporation, owns 0.03%; — Mike Paraskake, a citizen of Canada, owns 0.01%; and — Herb Silber, a citizen of Canada, owns 0 .01% Except as indicated herein, these individuals and entities have no other relationship with the filer.


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