Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, 38055-38056 [E7-13485]

Download as PDF Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Proposed Rules would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a State rule implementing a Federal standard and will result, as a consequence of that approval, in the Administrator’s withdrawal of the CAIR FIP. It does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045, ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it would approve a State rule implementing a Federal Standard. In reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule would not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide. cprice-sewell on PROD1PC71 with PROPOSALS Authority: 42 U.S.C. 7401 et seq. Dated: July 3, 2007. J.I. Palmer Jr., Regional Administrator, Region 4. [FR Doc. E7–13567 Filed 7–11–07; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 14:29 Jul 11, 2007 Jkt 211001 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 Federal Communications Commission. ACTION: Proposed rule; comments requested. AGENCY: 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-07119A1.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 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 38055 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 email to ecfs@fcc.gov, 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 messengerdelivered 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 fcc504@fcc.gov 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 E:\FR\FM\12JYP1.SGM 12JYP1 38056 Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Proposed Rules 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 small business size standard for the census category, ‘‘Radio Networks,’’ which includes radio cprice-sewell on PROD1PC71 with PROPOSALS 1 The VerDate Aug<31>2005 14:29 Jul 11, 2007 Jkt 211001 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). satellite broadcasting, is $6.5 million or less in receipts, per year. See 13 CFR 121.201, NAICS code 51511. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 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 E:\FR\FM\12JYP1.SGM 12JYP1

Agencies

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


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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 ecfs@fcc.gov, 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 fcc504@fcc.gov 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