This is very interesting. Xm gave what amounts to a reply to Tate's questions regarding "noncommercial, educational or informational channels."

Answers were also given regarding lawsuits over the inno. It looks to me as if commissioner Tate is giving the green light...

No sooner than this ex parte was filed, this broke in the news:

XM Satellite settles lawsuit with EMI Music Publishing

Weeks after settling the last of several lawsuits filed against XM Satellite Radio by major record labels, the satellite broadcaster has settled a suit filed by one of more than a dozen music publishing companies.

XM Satellite and EMI Music Publishing have resolved the lawsuit over XMís Pioneer Inno radio, a portable satellite receiver that lets subscribers record songs without paying for them.

The companies did not disclose terms of the agreement.

On June 10, XM Satellite said it had settled a lawsuit over the Inno with EMI Music Group, the last of four record labels it reached undisclosed settlements with. BMG Music Group, Universal Music Group and Warner Music Group reached settlements with XM late last year and earlier this year.

The publishersí suits are separate from those filed by the music labels.

XM (NASDAQ: XMSR) has not announced settlements with any of the other publishers, including Beechwood Music Corp., EMI Virgin Music Inc., and Warner-Tamerlane Publishing Corp.