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 Federal  Communications  Commission  DA  01-  2779 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 Primosphere  Limited  Partnership 
 Application  for  Authority  to  Construct,  Launch 
 and  Operate  Satellites  in  the  Satellite  Digital 
 Audio  Radio  Service 


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 File  Nos.  29/  30-  DSS-  LA-  93 
 16/  17-  DSS-  P-  93 


 ORDER 
 Adopted:  November  29,  2001  Released:  November  30,  2001 
 By  the  Chief,  International  Bureau: 


 I.  INTRODUCTION 
 1.  By  this  Order,  we  deny  Primosphere  Limited  Partnership’s  (“  Primosphere”)  Petition  for 
 Reconsideration  of  the  International  Bureau  Order  dismissing  Primosphere’s  above-  captioned 
 application.  1 


 II.  BACKGROUND 
 2.  Primosphere  was  one  of  four  applicants  participating  in  the  Satellite  Digital  Audio  Radio 
 Service  (“  SDARS”)  auction  held  on  April  1,  1997.  Satellite  CD  Radio,  Inc.  (“  CD  Radio”)  and  American 
 Mobile  Satellite  Radio  Corporation  (“  AMRC”)  were  the  winning  bidders  in  that  auction.  Primosphere 
 filed  petitions  to  deny  both  CD  Radio’s  and  AMRC’s  subsequently  filed  applications.  Both  CD  Radio 
 and  AMRC’s  applications  were  granted  and  Primosphere’s  petitions  were  denied  in  October  1997.  2 
 Primosphere  subsequently  filed  Applications  for  Review  of  the  grants  of  both  the  CD  Radio  and  AMRC 
 applications.  3 


 3.  On  October  28,  1997  the  Commission  dismissed  Primosphere’s  application  because 
 Primosphere  was  an  unsuccessful  bidder  in  the  auction  and  there  were  no  remaining  SDARS  licenses 
 available.  Primosphere  filed  a  Petition  for  Reconsideration  of  the  dismissal  of  its  application,  stating  that 


 1  DA-  97-  2275,13  FCC  Rcd.  8976  (Int’l  Bur.  1997). 
 2  See  Satellite  CD  Radio  Inc.,  Application  for  Authority  to  Construct,  Launch,  and  Operate  a  Two  Satellites  in  the 
 Satellite  Digital  Audio  Radio  Service,  Order  and  Authorization,  13  FCC  Rcd  7971,  7973  (Int’l  Bur.  1997)  (“  CD 
 Radio  License”);  American  Mobile  Radio  Corporation,  Application  for  Authority  to  Construct,  Launch,  and  Operate 
 Two  Satellites  in  the  Satellite  Digital  Audio  Radio  Service,  Order  and  Authorization,  13  FCC  Rcd  8829  (Int’l  Bur. 
 1997)  (“  AMRC  License  Order”). 
 3  Primosphere  Limited  Partnership,  Application  for  Review  of  CD  Radio  License  Order,  filed  November  10,  1997; 


 Primosphere  Limited  Partnership,  Application  for  Review  of  AMRC  License  Order,  filed  November  17,  1997. 
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 Federal  Communications  Commission  DA  01-  2779 
 2 
 the  grants  of  the  CD  Radio  and  AMRC  applications  are  not  final  until  the  Commission  has  ruled  on 
 Primosphere’s  Applications  for  Review  of  those  grants.  Both  CD  Radio  and  AMRC  filed  oppositions  to 
 Primosphere’s  petition. 


 III.  DISCUSSION 
 4.  Primosphere’s  petition  argues  that  the  dismissal  of  its  application  was  premature  in  light 
 of  its  pending  applications  for  review  of  the  grant  of  the  winning  applicants’  applications.  It  asserts  that  if 
 either  of  its  applications  for  review  is  successful,  Primosphere’s  application  would  be  eligible  for  grant. 


 5.  On  November  30,  2001,  the  Commission  denied  both  of  Primosphere’s  applications  for 
 review  and  reaffirmed  the  October,  1997  Bureau  Orders  granting  CD  Radio  and  AMRC’s  applications  for 
 the  two  available  SDARS  licenses.  Therefore,  Primosphere’s  application  is  moot. 


 6.  As  this  is  the  only  issue  that  Primosphere  raised  in  its  petition,  we  deny  Primosphere’s 
 petition  for  reconsideration  and  affirm  the  dismissal  of  Primosphere’s  application  for  an  SDARS  license. 


 IV.  ORDERING  CLAUSES 
 7.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  0.261  and  Section  1.106  of  the 
 Commission’s  rules,  47  C.  F.  R.  §  0.  261  and  47  C.  F.  R.  §  1.106,  that  Primosphere  Limited  Partnership’s 
 Petition  for  Reconsideration  of  the  Order  of  Chief,  International  Bureau,  DA-  97-  2275,  13  FCC  Rcd.  8976 
 (1997)  is  DENIED. 


 8.  IT  IS  FURTHER  ORDERED  that  this  Order  will  be  effective  upon  release. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Donald  Abelson 
 Chief,  International  Bureau 
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