Attachment withdrawal

withdrawal

WITHDRAWAL submitted by Primosphere

withdrawal

2004-04-20

This document pretains to SAT-L/A-19930113-00004 for Launch Authority on a Satellite Space Stations filing.

IBFS_SATLA1993011300004_369806

before bhe FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Primosphere Limited Partnership 1 File Nos. 29/30-DSS-LA-93 1 16/17-DSS-P-93 Application for Authority to Construct, ) Launch and Operate Satellites in the 1 Satellite Digital Audio Radio Service 1 2 (7 2004 To: The Commission Fbrrc, Interne%>& MOTION TO WITHDRAW APPLICATION FOR REVIEW Prirnosphere Limited Partnership (“Primosphere”), by its attorneys, hereby moves to withdraw its Application for Review of the International Bureau’s dismissal of Primosphere’s above-referenced application for authority to construct, launch and operate two satellites in the Satellite Digital Audio Radio Service. On December 21, 2001, Primosphere filed an Application for Review stating that the International Bureau’s decision to dismiss its application was predicated solely on the Commission’s affirmation of the Bureau’s grants of SDARS licenses to XM Radio, Inc. and Sirius Satellite Radio, Inc (the “License Orders”). Primosphere further stated that it had filed with the U.S. Court of Appeals for the District of Columbia Circuit (“Court of Appeals”) Petitions/Notices of Appeal seelung review of the Commission’s orders affirming the License Orders. Primosphere also filed a Reply on February 7,2002. On February 21, 2003, the Court of Appeals denied Primosphere’s appeals and affirmed the Commission’s decisions. Accordingly, Primosphere now voluntarily and unilaterally withdraws its Application for Review and associated Reply.

Respectfully submitted, PRIMOSPHERE LIMITED PARTNERSHP Howard M. Liberman Elizabeth A. Hammond Drinker Biddle & Reath LLP 1500 K Street, N.W. Suite 1100 Washington, D.C. 20005 (202) 842-8800 Its Attorneys April 16,2004 -2-

CERTIFICATE OF SERVICE I, Nellie Martinez-Redicks, a secretary in the law firm of Drinker Biddle & Reath LLP, hereby certify that on this day, April 16, 2004, a copy of the foregoing “Motion to Withdraw Application for Review” was served on the following person by first class U.S. mail, postage prepaid: Bruce D. Jacobs, Esq. David S. Konczal, Esq. Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037 Counsel for XM Radio, Inc. Lon C. Levin Senior Vice President, Regulatory XM Radio, Inc. 1500 Eckington Place, N.E. Washington, D.C. 20002 Carl R. Frank, Esq. Wiley Rein & Fielding LLP 1776 K Street, NW Washington, DC 20006 Counsel for Sirius Satellite Radio, Inc. a Nellie Martinez-Redicks b -3-


Document Created: 2004-04-20 15:07:54
Document Modified: 2004-04-20 15:07:54
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