[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Proposed Rules]
[Pages 38055-38056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13485]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[MB Docket No. 07-57; FCC 07-119]


Applications for Consent to the Transfer of Control of Licenses, 
XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio 
Inc., Transferee

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; comments requested.

-----------------------------------------------------------------------

SUMMARY: Sirius Satellite Radio Inc. and XM Satellite Radio Holdings 
Inc. submitted applications seeking permission to transfer control of 
Commission licenses and authorizations held by XM and Sirius to a 
single, combined entity. The proposed transfer conflicts with language 
which prohibits such a combination in an earlier Commission order. The 
Notice of Proposed Rulemaking (``NPRM'') seeks comment on whether the 
language in question constitutes a binding Commission rule and, if so, 
whether the Commission should waive, modify, or repeal the prohibition 
in the event that the Commission determines that the proposed merger, 
on balance, would serve the public interest.

DATES: Interested parties may file comments on the NPRM on or before 
August 13, 2007, and reply comments on or before August 27, 2007.

ADDRESSES: Copies of the NPRM may be accessed from the Internet 
homepage of the Federal Communications Commission via the following 
hyperlink: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-119A1.pdf. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998.
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: Rosemary C. Harold, (202) 418-7200, 
Royce Sherlock, (202) 418-7030, or Marcia Glauberman, (202) 418-7046, 
of the Media Bureau.

SUPPLEMENTARY INFORMATION: The NPRM was adopted by the Commission on 
June 25, 2007, and released on June 27, 2007.
    Initial Regulatory Flexibility Certification. Pursuant to the 
Regulatory

[[Page 38056]]

Flexibility Act, the Commission certifies that the outcome of this 
rulemaking will not have a significant economic impact on a substantial 
number of small entities. Currently, only XM and Sirius hold licenses 
to provide SDARS service. Because SDARS service requires significant 
capital for operation, the Commission believes it is unlikely that a 
small entity, as defined by the Small Business Administration, would 
have the financial wherewithal to become an SDARS licensee.\1\
---------------------------------------------------------------------------

    \1\ The small business size standard for the census category, 
``Radio Networks,'' which includes radio satellite broadcasting, is 
$6.5 million or less in receipts, per year. See 13 CFR 121.201, 
NAICS code 51511.
---------------------------------------------------------------------------

    Paperwork Reduction Act. The NPRM does not contain proposed 
information collection(s) subject to the Paperwork Reduction Act of 
1995 (PRA), Public Law 104-13. Thus, it does not contain any new or 
modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198. See 44 U.S.C. 
3506(c)(4).
    Ex Parte Information. This is a permit-but-disclose notice and 
comment rulemaking proceeding. Ex parte presentations are permitted, 
except during the Sunshine Agenda period, provided that they are 
disclosed as provided in the Commission's rules. See generally 47 CFR 
1.1202, 1.1203, and 1.1206(a).

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
 [FR Doc. E7-13485 Filed 7-11-07; 8:45 am]
BILLING CODE 6712-01-P