Attachment 20100604153529.pdf

20100604153529.pdf

DECISION submitted by IB/FCC

Extension grant

2010-06-04

This document pretains to SAT-T/C-20100322-00053 for Transfer of Control on a Satellite Space Stations filing.

IBFS_SATTC2010032200053_821011

                                                             | mc #S54T—1/£—20100322—00053 ard7k 20100222003

                                                             Call Sign               Grant Date (éz ‘7‘{2010
                                                             (or other identifier)
                                           K                                 _       Term Dates
                                                             From     fls"f—‘l'/b         To:     6 /0 920/0
                                          GRANTED                                                 i5   {enmfer D. Hindin
1776 K STREET NW          May 14, 201 Orrornartoood Bureas   Approved:                                 202.719.4975
WASHINGTON, DC 20006
PHONE      202.719.7000
FAX        202.719.7049


7925 JONES BRANCH DRIVE   Marlene H. Dortch, Secretary
McLEAN, VA 22102
                          Federal Communications Commission
PHONE      703.905.2800
FAX        703.905.2820
                          445 12th Street, SW
                          Washington, DC 20554

www. wileyrein.com        Re:    XM Radio Inc., Notification of Partial Consummation of Pro Forma
                                 Transfer of Control and Request for Extension of Closing Deadline;
                                 File Nos. SAT—T/C—20100322—00053 and SES—T/C—20100322—00338

                          Dear Ms. Dortch:

                          XM Radio Inc. ("XM Radio") by counsel and pursuant to Section 25.119(f) of the
                          rules of the Federal Communications Commission ("Commission"),‘ files this letter
                          to (1) notify the Commission that the pro forma transfer of control of all of the
                          licenses and authorizations held by XM Radio was consummated, in part, on April
                          15, 2010; and (2) request an extension for 120 days—until October 10, 2010—to
                          consummate the remainder of the pro forma transaction.

                          On March 22, 2010, XM Radio sought authority for the pro forma transfer of
                          control of all of the earth station, space station, wireless and experimental licenses
                          and authorizations held by XM Radio. Specifically, XM Radio proposed to remove
                          two wholly—owned subsidiaries of Sirius XM Radio Inc.—XM Satellite Radio
                          Holdings Inc. and XM Satellite Radio Inc.—such that XM Radio would become a
                          direct wholly—owned subsidiary of Sirius XM Radio Inc.

                          On April 8, 2010, the International Bureau authorized the pro forma transfer of
                          control of the earth station and space station licenses held by XM Radio." Pursuant
                          to Section 25.119 of the Commission‘s rules, 47 C.F.R. § 25.119, the deadline for
                          consummating the pro forma transfer of the earth station and space station licenses
                          is 60 days after authorization—June 7, 2010.




                          ’      47 C.F.R. § 25.119(P).
                          §      See Policy Branch Information; Actions Taken, Report No. SAT—00680, DA
                          10—614, File No. SAT—T/C—20100322—00053 (rel. Apr. 9, 2010; effective Apr. 8,
                          2010); Satellite Communications Services Information; Actions Taken, Report No.
                          SES—01235, File No. SES—T/C—20100322—00338 (rel. Apr. 14, 2010; effective Apr.
                          8, 2010).


Wiley
        Marlene H. Dortch, Secretary
        May 14, 2010
        Page 2


        On April 15, 2010, XM Radio consummated, in part, the pro forma transfer of
        control. Specifically, XM Satellite Radio Holdings Inc. was merged with and into
        XM Satellite Radio Inc. Based on this partial consummation, the ownership
        structure of XM Radio is currently:


                                               Sirius XM Radio Inc.




                                                 XM Satellite Radio
                                                       Inc.




                                                  XM Radio Inc.




        However, the merger of XM Satellite Radio Inc. with and into Sirius XM Radio Inc.
        has not yet been consummated.

        Accordingly, XM Radio respectfully requests an extension of 120 days—until
        October 10, 2010—to consummate this portion of the pro forma transfer. Grant of
        this extension would serve the public interest by allowing additional time to
        complete the proposed corporate restructuring of XM Radio. Grant would also
        conform the deadline for XM Radio to complete the pro forma transfer of its earth
        and space station licenses with the deadline under the FCC‘s rules for XM Radio to
        complete the pro forma transfer of its wireless license."




        >        On April 13, 2010, the Wireless Telecommunications Bureau and Office of Engineering and
        Technology authorized the pro forma transfer of control of the wireless and experimental licenses
        held by XM Radio. Pursuant to Section 1.948(d), 47 C.F.R. § 1.948(d), the deadline for
        consummating the pro forma transfer of control of the wireless license is 180 days after
        authorization—October 10, 2010.


Wiley


        Marlene H. Dortch, Secretary
        May 14, 2010
        Page 3




        The earth and space station authorizations involved in the pro forma transfer of
        control are identified below:

                 1.    XM Radio Inc.‘s space station authorizations, File No. SAT—T/C—
                       20100322—00053+
                                 $2118
                                 $2119
                                 $2616
                                 $2617
                                 $2786

                 .     XM Radio Inc.‘s transmit/receive earth station authorizations, File
                       No. SES—T/C—20100322—00338

                                 E000158
                                 E000724
                                 E040204

        Please do not hesitate to contact the undersigned if you have any questions.

        Sincerely,

        /s/ Jennifer D. Hindin

        Jennifer D. Hindin




        4       Numerous applications for special temporary authority (either pending or in
        effect) are associated with XM Radio Inc.‘s space station authorizations. See
        Application for Pro Forma Transfer of Control ofXMRadio Inc.‘s Space Station
        Authorizations, Exhibit F, note 1, File No. SAT—T/C—20100322—00053 (filed Mar.
        22, 2010).



Document Created: 2019-04-12 03:30:55
Document Modified: 2019-04-12 03:30:55

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