Attachment Questions 39 & 40

This document pretains to SAT-LOA-20100409-00072 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2010040900072_810001

Response to FCC Form 312 Question 39 Sirius XM Radio Inc. is a defendant in a group of consolidated complaints seeking class action status brought pursuant to federal antitrust and state consumer protection laws in the U.S. District Court for the Southern District of New York. The lead case is Carl Blessing v. Sirius XM Radio Inc., No. 09-10035. The related cases are: Scerbo v. Sirius XM Radio, Inc., No. 09-10209; Bonsignore v. Sirius XM Radio Inc., No. 10-526; Balaguera v. Sirius XM Radio Inc., No. 10-01058; Cronin v. Sirius XM Radio Inc., No. 09-10468. Sirius XM Radio Inc. is a defendant in a shareholder derivative complaint filed in the Supreme Court of New York, County of New York. The complaint alleges that the decisions giving rise to the federal antitrust lawsuits (above) constituted a breach of loyalty by Sirius XM officers and directors. Mark Fialkov Individual Retirement Account v. Sirius XM Radio, No. 600041/2010.

Response to FCC Form 312 Question 40 The Officers of Satellite CD Radio, Inc. are: Mel Karmazin, President David Frear, Treasurer Patrick Donnelly, Secretary The Directors of Satellite CD Radio, Inc. are: Patrick Donnelly Lawrence Gilberti Satellite CD Radio, Inc. is a wholly-owned subsidiary of Sirius XM Radio Inc. An affiliate of Liberty Media Corporation, a Delaware corporation, holds preferred stock which is convertible into an approximately 40% ownership interest in the Sirius XM Radio Inc. The address of Liberty Media Corporation is 12300 Liberty Boulevard, Englewood, Colorado 80112. Dr. John C. Malone, a United States citizen, owns shares of Liberty Media Corporation representing approximately 32.45% of the aggregate voting power of the company. Dr. Malone’s business address is 12300 Liberty Boulevard, Englewood, Colorado 80112. No other entities or individuals own a 10% or greater direct or indirect interest in Sirius XM. The Executive Officers of Sirius XM Radio Inc. are: Mel Karmazin, Chief Executive Officer James E. Meyer, President, Operations and Sales Scott Greenstein, President and Chief Content Officer Patrick L. Donnelly, Executive Vice President, General Counsel and Secretary David J. Frear, Executive Vice President and Chief Financial Officer Dara Altman, Executive Vice President and Chief Administrative Officer The Directors of Sirius XM Radio Inc. are: Joan L. Amble Leon D. Black David J.A. Flowers Lawrence F. Gilberti Eddy W. Hartenstein James P. Holden Chester A. Huber, Jr. Mel Karmazin John C. Malone

Gregory B. Maffei John Mendel James F. Mooney Jack Shaw The address of all Satellite CD Radio, Inc. and Sirius XM Radio Inc. officers and directors is: 1221 Avenue of the Americas 36th Floor New York, NY 10020


Document Created: 2010-04-09 11:22:35
Document Modified: 2010-04-09 11:22:35
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