FCC Again Dismisses Primosphere

Now that XM Satellite Radio has launched and Sirius Satellite Radio is poised for starting its service, one of the four companies that originally bid for the S-band spectrum authorized for satellite digital radio seems to finally have lost its long quest to have the 1997 decision granting XM and Sirius the licenses overturned.
Primosphere Limited Partnership was one of the four original companies bidding for the spectrum. When it was awarded to what was then called CD Radio (now Sirius Satellite Radio) and American Mobile Satellite Radio Corp. (now XM Satellite Radio), Primosphere protested and asked the FCC to review the decision.
The agency dismissed Primosphere’s application in 1997 because Primosphere was an unsuccessful bidder in the auction and there were no remaining SDARS licenses available. Primosphere said that dismissal was premature.
The commission has now reaffirmed its 1997 order granting SDARS licenses to CD Radio and AMRC, and affirmed its dismissal of Primosphere’s application for an SDARS license.