Attachment motion

motion

MOTION submitted by Primosphere

motion

2007-02-23

This document pretains to SAT-L/A-19930113-00005 for Launch Authority on a Satellite Space Stations filing.

IBFS_SATLA1993011300005_555424

ansaee is a m en it 9 2 c mng. ath LoL P ORIGINAL ... Howard M. Liberman * 0 hliberman@dbr.com Law Offices February 23, 2007 1500 K Street, N.W. Suite 1100 Washington, DC YVia Hand Delivery 20005—1209 FILED/ACCEPTED Ms. Marlene Dortch 202—842—8800 202—842—8465 fax Secretary FEB 2 3 2007 Federal Communications Commission www.drinkerbiddle.com Federal Communications Commission The Portals, TW—A325 Office of the Secretary PHILADELPHIA 445 Twelfth Street, SW NEW YORK Washington, DC 20554 LOS ANGELES Re: File Nos. 29/30—DSS—LA—93 SAN FRANCISCO 16/17—DSS—P—93 CHICAGO PRINCETON Dear Ms. Dortch: FLORHAM PARK BERWYN I am writing, on behalf of Primosphere Limited Partnership ("Primosphere"), with regard WILMINGTON to the above—referenced matters and the attached "Motion to Withdraw Application for Review." Primosphere submitted the attached "Motion to Withdraw Application for Review" to the Commission on April 16, 2004. To counsel‘s knowledge, the Commission has never acted on the Motion and, therefore, Primosphere‘s underlying "Application for Review," submitted on December 21, 2001, is still pending before the Commission. Primosphere hereby withdraws its attached, April 16, 2004, "Motion to Withdraw Application for Review," and hereby notifies the Commission that it intends to continue prosecuting its December 21, 2001 "Application for Review." Therefore, Primosphere‘s above— referenced application for authorization to launch and operate satellite systems in the Satellite Digital Audio Radio Service is deemed to be still pending. See Section 1.935(c)(2) of the Commission‘s rules. Please address any questions concerning this matter, and copies of all correspondence, to undersigned counsel for Primosphere Limited Partnership. Very truly yours, / /ij /%/ M Howard M. Liberman CC {(w/encl.): Robert Nelson, Chief, Satellite Division, International Bureau Joel Kaufman, Associate General Counsel and Chief, Administrative Law Established Division, Office of General Counsel Bruce D. Jacobs, Esq. (Counsel for XM Radio, Inc.) Carl R. Frank, Esq. (Counsel for Sirius Satellite Radio, Inc.) DC\S93813\1

, STAMP & RETURN Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Primosphere Limited Partnership ) File Nos. 29/30-DSS—19§ ) 16/17—D8S—P—93 @EiVEp Application for Authority to Construct, ) Launch and Operate Satellites in the ) APR 1 § 2004 Satellite Digital Audio Radio Service ) FEDERAL 0o MMUNICAT]Ons 2. OFFice GFTHESECRECGMM'SS@;a; To: The Commission TARY MOTION TO WITHDRAW APPLICATION FOR REVIEW Primosphere Limited Partnership ("Primosphere"), by its attorneys, hereby moves to withdraw its Application for Review of the International Bureau‘s dismissal of Primosphere‘s above—referenced application for authority to construct, launch and operate two satellites in the Satellite Digital Audio Radio Service. On December 21, 2001, Primosphere filed an Application for Review stating that the International Bureau‘s decision to dismiss its application was predicated solely on the Commission‘s affirmation of the Bureau‘s grants of SDARS licenses to XM Radio, Inc. and Sirius Satellite Radio, Inc (the "License Orders"). Primosphere further stated that it had filed with the U.S. Court of Appeals for the District of Columbia Circuit ("Cofrt of Appeals") Petitions/Notices of Appeal seeking review of the Commission‘s orders affirming the License Orders. Primosphere also filed a Reply on February 7, 2002. On February 21, 2003, the Court of Appeals denied Primosphere‘s appeals and affirmed the Commission‘s decisions. Accordingly, Primosphere now voluntarily and unilaterally withdraws its Application for Review and associated Reply.

Respectfully submitted, PRIMOSPHERE LIMITED PARTNERSHP By/iéjwf /% M Howard M. Liberman Elizabeth A. Hammond Drinker Biddle & Reath LLP 1500 K Street, N.W. Suite 1100 Washington, D.C. 20005 (202) $42—8800 Its Attorneys April 16, 2004

CERTIFICATE OF SERVICE I, Nellie Martinez—Redicks, a secretary in the law firm of Drinker Biddle & Reath LLP, hereby certify that on this day, April 16, 2004, a copy of the foregoing "Motion to Withdraw Application for Review" was served on the following person by first class U.S. mail, postage prepaid: Bruce D. Jacobs, Esq. David S. Konczal, Esq. Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037 Counsel for XM Radio, Inc. Lon C. Levin Senior Vice President, Regulatory XM Radio, Inc. 1500 Eckington Place, N.E. Washington, D.C. 20002 Carl R. Frank, Esq. Wiley Rein & Fielding LLP 1776 K Street, NW Washington, DC 20006 Counsel for Sirius Satellite Radio, Inc. a mfi%@a@gfBoticb Nellie Martinez—Redicks


Document Created: 2007-03-05 12:07:31
Document Modified: 2007-03-05 12:07:31
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