http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-119A1.doc
wow they want to know if its a rule or not,based on the comments from mel that claim "its not a law" below is just a small part of the document..
with language prohibiting such a combination in the Commission’s 1997 Order establishing the Satellite Digital Audio Radio Service (“SDARS”), this Notice of Proposed Rule Making (“Notice”) 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.
II. DISCUSSION
2. Pursuant to the Commission’s 1997 SDARS Report & Order, the Applicants each hold a license to provide satellite radio service in the United States and they collectively use all of the spectrum assigned by the Commission for such service. The SDARS Report & Order contained the following language:
Transfer. We note that DARS licensees, like other satellite licensees, will be subject to rule 25.118, which prohibits transfers or assignments of licenses except upon application to the Commission and upon a finding by the Commission that the public interest would be served thereby. Even after DARS licenses are granted, one licensee will not be permitted to acquire control of the other remaining satellite DARS license. This prohibition on transfer of control will help assure sufficient continuing competition in the provision of satellite DARS service.
3. The Applicants maintain that the above-quoted language is a policy statement under the Administrative Procedure Act (“APA”) rather than a binding Commission rule because it was not codified in the Code of Federal Regulations. To the extent that the Commission considers the above-quoted language in the SDARS Report & Order to be a binding rule prohibiting the proposed transfer of control, the Applicants request that the Commission waive, modify, or otherwise alter the rule to the extent necessary to permit the proposed merger. We seek comment on these contentions. We seek comment specifically on the Applicants’ contention that the Commission should waive, modify, or otherwise alter the prohibition to the extent necessary to permit the merger because the proposed merger, on balance, would serve the public interest. The Commission reviews license transfer applications to determine whether grant of an application would serve the public interest, convenience, and necessity under Section 310(d) of the Act. The Commission’s associated review of the Consolidated Application
