Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices 52047 

1Although the Commission found it unnecessary 

to impose a condition requiring the inclusion of HD 

Radio technology in SDARS receivers, it recognized 

that important questions were raised about HD 

Radio that warrant further examination in a 

separate proceeding. The Commission will initiate 

a notice of inquiry within 30 days after adoption of 

the merger order to gather additional information 

on the issues. 

20554. These documents will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs). The complete text may be 

purchased from the Commission’s copy 

contractor, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554. To 

request this document in accessible 

formats (computer diskettes, large print, 

audio recording and Braille), send an email to fcc504@fcc.gov or call the FCC’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Summary of the Order 

1. In 1997, the Commission 

established the SDARS service and 

determined that there would be two 

initial SDARS licenses, sold at auction 

to different parties. The 1997 SDARS 

Service Rules Order, 62 FR 11083, 

11102, March 11, 1997 (‘‘1997 Order’’), 

contained the following language: 

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. 

2. In this Order, the Commission 

found that the merger would be 

prohibited by the language in the 1997 

Order. For the reasons summarized 

below, however, the Commission found 

that approval of the merger, subject to 

the Applicants’ voluntary commitments 

and other conditions, would benefit 

consumers by making available to them 

a wider array of programming choices at 

various price points and affording them 

greater choice and control over the 

programming to which they subscribe, 

and that those benefits would exceed 

the harms. For the same reasons, the 

Commission concluded that elimination 

of the prohibition on one licensee of 

SDARS acquiring control of the other 

SDARS licensee, on balance, would 

serve the public interest. 

3. The Commission’s decision was 

based on consideration of the 

consolidated application of Sirius and 

XM for consent to the transfer of control 

of the licenses and authorizations held 

by Sirius and XM and their subsidiaries 

for the provision of SDARS in the 

United States. After reviewing the 

empirical data available as part of its 

competitive analysis, the Commission 

determined there was insufficient 

evidence in the record to predict the 

likelihood of anticompetitive harms. It 

therefore evaluated the Application 

under ‘‘worst-case’’ assumptions, i.e., 

that the relevant market is limited to 

SDARS. This approach permitted the 

Commission to protect consumers from 

potential adverse effects of the 

transaction while also allowing the 

Commission to balance potential harms 

against potential public interest 

benefits. The Commission concluded 

that the merger, absent the Applicants’

voluntary commitments and other 

conditions, would result in potential 

harms. The Commission found that, 

with the Applicants’ voluntary 

commitments and other conditions, the 

potential public interest benefits of the 

transaction, on balance, outweigh the 

potential harms, and approval of the 

transaction is in the public interest. 

4. The Commission conditioned grant 

of the application on the merged firm’s 

fulfillment of the Applicants’ voluntary 

commitments and other conditions. The 

Commission accepted the Applicants’

voluntary commitments and imposed 

conditions to: 

a. Cap prices for at least 36 months 

after consummation of the transaction, 

subject to certain cost pass-throughs 

after one year. In addition, six months 

prior to the end of commitment period, 

the Commission will seek public 

comment on whether the cap continues 

to be necessary in the public interest 

and will determine whether it should be 

extended, removed, or modified. The 

merger approval is conditioned on the 

Commission’s ability to modify or 

extend the price cap beyond the threeyear commitment period. 

b. Offer to consumers, within three 

months of consummation of the 

transaction, the ability to receive a 

number of new programming packages, 

including the ability to select 

programming on an a la carte basis. 

c. Make available four percent of its 

capacity for use by certain Qualified 

Entities, and an additional four percent 

of capacity for the delivery of 

noncommercial educational or 

informational programming, which will 

enhance the diversity of programming 

available to consumers. 

d. Offer interoperable receivers in the 

‘‘retail after-market,’’ i.e., receivers 

available at retail outlets for installation 

in consumers’ automobiles or homes, 

within nine months of consummation of 

the merger. 

e. Refrain from entering into any 

agreement that would grant an 

equipment manufacturer an exclusive 

right to manufacture, market, and sell 

SDARS receivers. Applicants also 

commit to refrain from barring any 

manufacturer from including in any 

receiver non-interfering digital audio 

broadcast (or, ‘‘HD Radio’’) 

functionality, iPod compatibility, or 

other audio technology.1 In addition, 

Applicants will make available the 

intellectual property needed to allow 

any device manufacturer to develop 

equipment that can deliver SDARS. 

f. File the applications needed to 

provide Sirius satellite service to Puerto 

Rico via terrestrial repeaters within 

three months of the consummation of 

the merger. 

5. The Commission reiterated that 

SDARS licensees are already prohibited, 

independent of the merger, from using 

terrestrial repeaters to distribute local 

content—including both programming 

and advertising—that is distinct from 

that provided to subscribers nationwide 

via satellite. The Commission also 

prohibited the merged entity from 

entering into agreements that would bar 

any terrestrial radio station from 

broadcasting live local sporting events. 

6. The Commission clarified that the 

merged entity must comply with the 

Commission’s equal employment 

opportunity rules and policies for 

broadcasters, including periodic 

submissions to the Commission 

consistent with the broadcast reporting 

schedule. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–20735 Filed 9–5–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL MARITIME COMMISSION 

Meetings; Sunshine Act 

AGENCY HOLDING THE MEETING: Federal 

Maritime Commission. 

TIME AND DATE: September 11, 10 a.m. 

PLACE: 800 North Capitol Street, NW., 

First Floor Hearing Room, Washington, 

DC. 

STATUS: A portion of the meeting will be 

in Open Session and the remainder of 

the meeting will be in Closed Session. 

MATTERS TO BE CONSIDERED: 

Open Session 

(1) FMC Agreement No. 201192, 

South Florida Container Terminal 

Cooperative Working Agreement. 

(2) Docket No. 02–04, Anchor 

Shipping Co. v. Alianca—Request for 

Extension of Time for Initial and Final 

Decision. 

(3) Constitution Day and Citizenship 

Day, 2008. 

mstockstill on PROD1PC66 with NOTICES

52048 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices 

Closed Session 

(1) FMC Agreement No. 201170–001, 

LA Long Beach Port Infrastructure & 

Environmental Cooperative Working 

Agreement. 

(2) LA/Long Beach Ports/Terminals 

Agreements. 

(3) Export Cargo Issues Status Report. 

(4) Internal Administrative Practices 

and Personnel Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Karen V. Gregory, Assistant Secretary, 

(202) 523–5725. 

Karen V. Gregory 

Assistant Secretary. 

[FR Doc. E8–20899 Filed 9–4–08; 4:15 pm] 

BILLING CODE 6730–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than 

September 23, 2008. 

A. Federal Reserve Bank of St. Louis 

(Glenda Wilson, Community Affairs 

Officer) P.O. Box 442, St. Louis, 

Missouri 63166–2034: 

1. The O’Laughlin Group, which 

consists of Frances L. O’Laughlin, Mesa, 

Arizona; Terrence L. O’Laughlin, 

Fayette, Missouri; Jeffrey B. O’Laughlin, 

Ashland, Missouri; Russell L. 

O’Laughlin and Kelly D. Wilt, both of 

Shelbina, Missouri; to acquire control of 

Community State Bancshares, Inc., and 

thereby indirectly acquire control of 

Community State Bank, both of 

Shelbina, Missouri. 

2. Donna Joyce Ramsey, individually 

and as trustee of the Richard D. Ramsey 

Revocable Trust, Macon, Missouri, to 

acquire control of Community State 

Bancshares, Inc., and thereby indirectly 

acquire control of Community State 

Bank, both of Shelbina, Missouri. 

Board of Governors of the Federal Reserve 

System, September 3, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8–20718 Filed 9–5–08; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than October 3, 

2008. 

A. Federal Reserve Bank of Boston 

(Richard Walker, Community Affairs 

Officer) P.O. Box 55882, Boston, 

Massachusetts 02106–2204: 

1. SIS Bancorp, MHC and SIS 

Bancorp, Inc., both of Sanford, Maine, 

to become a bank holding company by 

acquiring 100 percent of the voting 

shares of Sanford Institution for 

Savings, Sanford, Maine. 

B. Federal Reserve Bank of San 

Francisco (Kenneth Binning, Director, 

Regional and Community Bank Group) 

101 Market Street, San Francisco, 

California 94105–1579: 

1. Wells Fargo & Company, San 

Francisco, California, to acquire 100 

percent of the voting shares of Century 

Bancshares, Inc., Dallas, Texas, and 

thereby indirectly acquire voting shares 

of Century Bank, N.A., Texarkana, 

Texas. 

Board of Governors of the Federal Reserve 

System, September 3, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8–20719Filed 9–5–08; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

Sunshine Act; Notice of Meeting 

TIME AND DATE: 10 a.m. (Eastern Time), 

September 15, 2008. 

PLACE: 4th Floor Conference Room, 

1250 H Street, NW., Washington, DC 

20005. 

STATUS: Parts will be open to the public 

and parts closed to the public. 

MATTERS TO BE CONSIDERED: 

Parts Open to the Public 

1. Approval of the minutes of the 

August 18, 2008 Board member meeting. 

2. Thrift Savings Plan activity report 

by the Executive Director. 

a. Monthly Participant Activity 

Report. 

b. Monthly Investment Performance 

Report. 

c. Legislative Report. 

3. Acquisition of SI International by 

Serco, Inc. 

4. Planning for Potential Emergency 

Asset Transfer. 

5. Annual Budget Report. 

a. Fiscal Year 2008 Results. 

b. Fiscal Year 2009 Budget. 

c. Fiscal Year 2010 Estimate. 

Parts Closed to the Public 

6. Procurement. 

CONTACT PERSON FOR MORE INFORMATION: 

Thomas J. Trabucco, Director, Office of 

External Affairs, (202) 942–1640. 

Dated: September 4, 2008. 

Thomas K. Emswiler, 

Secretary, Federal Retirement Thrift 

Investment Board. 

[FR Doc. E8–20931 Filed 9–4–08; 4:15 pm] 

BILLING CODE 6760–01–P 

mstockstill on PROD1PC66 with NOTICES