Federal Communications Commission DA 09-1484

Before the Federal Communications Commission

Washington, D.C. 20554

In the Matter of Applications for Consent to the

Transfer of Control of Licenses

XM Satellite Radio Holdings Inc.,

Transferor To

Sirius Satellite Radio Inc.,

Transferee

MB Docket No. 07-57

ORDER

Adopted: June 29, 2009 Released: June 29, 2009

By the Acting Chief, Media Bureau:

1. In this Order, the Media Bureau, on its own motion, grants an extension until August 28,

2009, for Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. to implement their voluntary commitment to enter into long-term leases or other agreements to provide a Qualified Entity or Entities rights to four percent of the full-time audio channels on the Sirius and XM platforms (“Leasing Condition”)

2. On July 25, 2008, the Commission approved the transfer of control of licenses and authorizations held by the Applicants, subject to the Applicants’ fulfillment of the Leasing Condition, among other commitments and conditions.2 In response to commenters’ concerns about the mechanics of the channel lease administration and allocation, the Commission deferred a decision as to specific implementation details for the Leasing Condition.3 On February 27, 2009,the Media Bureau issued a Public Notice seeking comment on the implementation details of the Leasing Condition.4 In response to the Public Notice, commenters raised a number of additional concerns and proposed a range of models to implement the Leasing Condition.5 The Bureau anticipates Commission action on the implementation guidelines in the very near future, and thus this brief extension is appropriate. The Commission will address any additional timing issues in its implementation order.

3. Accordingly, ITIS ORDERED, that pursuant to Sections 4(i), 4(j), 303(r), and 310(d), of

the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 303(r) and 310(d), and authority delegated in Section 1.46 of our rules, 47 C.F.R. § 1.46, Sirius XM is granted an extension of time, sua sponte, until August 28, 2009, to fulfill its voluntary commitment to enter into long-term leases or other agreements to provide a Qualified Entity or Entities rights to four percent of the full-time audio channels on the Sirius platform and on the XM platform.

FEDERAL COMMUNICATIONS COMMISSION

Robert H. Ratcliffe

Acting Chief, Media Bureau