Yesterday, Sirius responded to Primosphere's motion to consolidate an old application into the current application of XM and Sirius to merge in a bid to claim a slice of the satellite radio bandwidth.
Primosphere lost its case in the DC Court of Appeals and withdrew its Application for Review from the FCC. The Commission never officially accepted; therefore, Primosphere feels that it is still valid.
Sirius, on the other hand, rightly feels that when Primosphere withdrew its application, that was the end of it. As Sirius so poetically put it, "There is no way for Primosphere to un-ring this bell three years later."
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