Attachment Grant

Grant

DECISION submitted by IB,FCC

Grant

2007-02-05

This document pretains to SAT-STA-20061114-00138 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006111400138_549375

File#_SAT— STA—20061114— oo 39 Call Sign ___________ Grant Date C2/Q? /07 (or other identifier) Approved by OMB 2 Term Dates _ _ 3060—0678 From O2/ 07107 To: * 150 days Date & Time Filed: Nov 14 2006 2:42:42:026PM Intemational Rureau A;’égmwd:“’%} trmmmemmmmmanes.s..... File Number: SAT—STA—20061114—00138 *subject to atfacher 'fi%@b«fvt G. Nelson Callsign: concutions Chief, Satellite Division FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: STA Request to Operate Lower Power Repeater at PGA Tour Events 1. Applicant Name: XM Radio Inc. Phone Number: 202—380—4000 DBA Name: Fax Number: 202—380—4500 Street: 1500 Eckington Place, NE E—Mail: james.blitz@xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 — Attention: James Blitz, Vice President, Regulatory Counsel

Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20061114—00138 Special temporary authority (STA) IS GRANTED to XM Radio Inc. (XM) to operate one terrestrial repeater with a power level less than 2 kW EIRP at weekly PGA Tour events occurring at various locations from February to July 2007 as set forth in Exhibit A to its application, pursuant to the technical parameters specified in its application and subject to the following conditions: 1. Any actions taken as a result of this STA are solely at the applicant‘s own risk. This STA shall not prejudice the outcome of the final rules adopted by the Commission in IB Docket No. 95—91. The issue concerning EIRP raised by the WCS Coalition will be addressed in that proceeding. Operations prior to such action will be subject to condition 2 below. Operation of all SDARS repeaters authorized pursuant to this STA is on a non—interference basis with respect to all permanently authorized radiocommunication facilities. XM shall provide the information and follow the process set forth in paragraphs 14 and 17 in 16 FCC Rced 16773 (Int‘l Bur. 2001) and 16 FCC Red 16781 (Int‘l Bur. 2001), as modified by 16 FCC Red 18481 (Int‘l Bur. 2001) and 16 FCC Red 18484 (Int‘l Bur. 2001). SDARS repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS subscriber‘s receivers. Coordination of SDARS repeater operations shall be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. SDARS repeaters shall comply with Part 17 of the Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures. SDARS repeaters shall comply with Part 1 of the Commission‘s rules, Subpart I — Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission‘s rules. SDARS repeater out—of—band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP. This STA commences on February 7, 2006, and will expire 180 days thereafter, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. XM is granted 30 days from the date of the release of this authorization to decline the authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned.

10. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. z2 SAT— STR— 2006 1114— oo|3S ate evmmmmnmmeresmmmeseniemmmemenn 0Z fC;ZW!E?“? . uiffpaew———————— * subject to "Fobert & Ne!saon concd:hons above Q%’\ée{i Satellite DiwmSstof

2. Contact Name: Bruce Jacobs Phone Number: 202—663—8000 Company: Pillsbury Winthrop Shaw Pittman Fax Number: 202—663—8007 LLP Street: 2300 N Street NW E—Mail: bruce.jacobs@pillsburylaw.com City: Washington State: DC Country: USA Zipcode: 20037 —1128 Attention: Relationship: Legal Counsel (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number or Submission ID 4a. Is a fee submitted with this application? @ If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.FR.Section 1.1114). o) Governmental Entity g Noncommercial educational licensee g4 Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request g¢74 Change Station Location £4 Extend Expiration Date & Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date

8. Description (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) XM Radio Inc. (XM) requests Special Temporary Authority (STA) to operate one lower power terrestrial repeater (less than 2 kW EIRP) at the weekly PGA Tour events occurring at the locations and during the dates listed in Exhibit A and pursuant to the technical parameters listed in Exhibit B attached hereto. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes ONO to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" for these purposes. 10. Name of Person Signing 11. Title of Person Signing James S. Blitz Vice President, Regulatory Counsel 12. Please supply any need attachments. Attachment 1: XM STA Request Attachment 2: Attachment 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fee.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control numberor if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060—0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LaW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

* ::h & SATELLiTE Staga® RADiO thee Prpeyet November 14, 2006 Via IBFS Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: XM Radio Inc. Request for Special Temporary Authority to Operate a Low Power Terrestrial Repeater at PGA Tour Events Dear Ms. Dortch: XM Radio Inc. ("XM"), one of the two Satellite Digital Audio Radio Service ("SDARS" or "satellite radio") licensees in the United States, pursuant to Section 25.120(b)(2) of the Commission‘s rules, 47 C.F.R. § 25.120, hereby requests Special Temporary Authority ("STA") to operate one low power terrestrial repeater at the weekly Professional Golfers‘ Association ("PGA") Tour event occurring at the locations and during the dates listed in Exhibit A and pursuant to the technical parameters listed in Exhibit B hereto.‘ The Commission‘s International Bureau (the "Bureau") has previously granted XM four similar STA‘s for coverage of PGA events, the latest of which it granted on June 19, 2006, and which will expire on December 17, 2006." The low power repeater authorized under this STA will transmit at a maximum Effective Isotropically Radiated Power ("EIRP") of 2 kKW, a power level which adjacent band licensees have stated does not present an interference concern. Because this repeater will transmit at a maximum EIRP of 2 kW and will be limited to coverage of a golf course for a limited duration, there will be no risk of harmful interference to other communications services. ‘ To the extent a particular tournament involves play at more than one course, XM intends to operate a low power repeater at each course. * See XM Radio Inc., File No. SAT—STA—20050418—00086 (DA 05—1642) (granted June 9, 2005); File No. SAT—STA—20051108—00213 (granted January 4, 2006); File No. SAT—STA— 20051109—00214 (granted January 4, 2006); and File No. SAT—STA—20060421—00046 (June 9, 2006). weron® Lace ne washington DC 20002—2154 PH 202 3804000 FAX 20p ggo 4. _fi)oo eCyinGy AXMR,4Dlg coy

Ms. Marlene H. Dortch November 14, 2006 Page 2 Background. The Commission has recognized that terrestrial repeaters are critical to satellite radio to overcome the effects of signal blockage and multipath interference." Consistent with this policy, in September 2001. the Bureau granted XM an STA to operate terrestrial repeaters while the Commission concludes its rulemaking proceeding regarding final technical rules.* granting this STA, the Bureau noted that XM "needs to employ terrestrial repeaters to prov1de adequate service." See XM Radio STA Order § 7. Soon after grant of this STA, XM began commercial service. Since that time, satellite radio in general and XM in particular have proven to be a highly attractive service to American consumers, confirming the Commission‘s vision in establishing the satellite radio service. As of August 2006, XM has over 7 million subscribers. In March 2005, XM announced the addition of a PGA Tour Network channel to its channel line— up, to provide coverage of the weekly PGA Tour event along with daily programs designed for golf enthusiasts. Moreover, at the weekly PGA Tour event, XM offers portable, hand—held satellite radios for sale or rental to spectators. By tuning to the XM PGA Tour Network channel, spectators are able to keep track of the leader board and real—time action around the course. The portable radios also inform spectators of impending severe weather. Request for STA. XM requests an STA to operate one terrestrial repeater at the weekly PGA Tour event at the locations and during the dates listed in Exhibit A. XM requests this STA for a period of 180 days after grant‘ or until the date on which permanent rules become effective for the operation of terrestrial repeaters, whichever occurs first. Grant of this STA will serve the public interest by ensuring that spectators at the weekly PGA Tour event receive adequate satellite radio service. While many areas on a golf course, such as fairways and greens, provide an unobstructed view of XM‘s satellites, there are many other areas on a golf course where the view may be obstructed, particularly by trees and foliage. It is in these obstructed areas where spectators at a golf tournament are located so as to avoid interfering with the golfers. By operating one low power repeater, XM will be able to mitigate the potential blockage of its satellite signal by trees and foliage, thereby providing spectators with adequate satellite radio service. 3 See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310—2360 MHz Frequency Band, Report and Order, Memorandum Opinion and Order, and Further Notice ofProposed Rulemaking, 12 FCC Red 5754 (1997). * XM Radio, Inc., Application for Special Temporary Authority to Operate Satellite Digital Audio Radio Service Complimentary Terrestrial Repeaters, Order and Authorization, DA 01— 2172, at [ 18 (rel. September 17, 2001) ("XM Radio STA Order"). ° XM requests authority to operate a low power repeater only at those events listed in Exhibit A that occur within 180 days after grant of this request. XM intends to file a new STA request prior to the expiration of this request for authority to operate a low power repeater at those PGA Tour events that occur following 180 days after grant of this request.

Ms. Marlene H. Dortch November 14, 2006 Page 3 Operation of one low power repeater at each weekly PGA Tour event will not cause harmful interference to adjacent—band Wireless Communications Service ("WCS") licensees or any other communications service." First, the repeater will be deployed in a manner intended to allow for coverage primarily of the golf course. Most of the WCS applications that have been contemplated to date are for fixed services to homes and businesses. Although no WCS facilities are in operation today, even if there were, under current rules, it is extremely unlikely that WCS equipment would be used on a golf course. Second, the potential for interference is further minimized by the fact that the EIRP of the repeater will never exceed 2 kW EIRP. The adjacent— band WCS licensees are permitted to operate base stations at a power level of 2 kW EIRP and therefore must be able to withstand potential interference from such operations. Moreover, as the Bureau acknowledged in granting XM‘s original repeater STA request, the WCS licensees have confirmed that operation of terrestrial repeaters at an EIRP of 2 kW or less is not an interference concern.‘ Attached as Exhibit B is the following technical information for the low power repeater XM seeks to operate pursuant to this STA: (1) maximum EIRP; (2) maximum antenna height; (3) possible antenna types; (4) range of antenna bearmnwidth; and (5) range of orientation. XM has also attached as Exhibit C the specification sheets for each of the possible antenna types listed. Because the terrain and foliage of each golf course will vary, XM is unable to specify precisely the type of antenna, antenna beamwidth, or antenna orientation it will deploy at each golf course." XM accordingly requests the flexibility to operate one low power repeater at the events listed in Exhibit A within the range of technical parameters listed in Exhibit B. ° XM previously notified Sirius Satellite Radio Inc. of a similar request, and it did not object. ‘ XM Radio STA Order 12 ("The comments from WCS licensees express concern about blanketing interference from DARS repeaters that Operate with an Equivalent Isotropically Radiated Power (EIRP) above 2 kW."). 8 For this reason, to the extent necessary, XM requests a waiver of Section 25.120(a) of the Commission‘s rules which requires an STA request to include the "full particulars of the proposed operation." 47 C.F.R. § 25.120(a). The good cause for this waiver is that requiring XM to file for and receive an STA for each individual PGA Tour event will require both the Commission and XM to expend significant resources with no concomitant benefit. This is especially the case because the Bureau has acknowledged that the interference concerns of adjacent—band WCS licensees are limited to repeaters operating with an EIRP greater than 2 kW. XM STA Order §[ 12. Such a waiver is also consistent with precedent. In granting XM‘s original repeater STA, the Bureau said that XM was not required to provide the full particulars of operation for the repeaters it proposed to operate with an EIRP of 2 kW or less because these repeaters would not impact adjacent—band WCS licensees. Id. «9.

Ms. Marlene H. Dortch November 14, 2006 Page 4 XM certifies that its operation of the low power repeater will comply with the same conditions the Bureau imposed on XM in granting its current STA to operate a low power repeater at PGA Tour events. See XM Radio PGA STA4 Order. Specifically, XM Radio certifies the following: a) Any actions taken as a result of this STA are solely at XM‘s own risk. This STA will not prejudice the outcome of the final rules adopted by the Commission in GEN Docket 95— 91. b) Operation of the low power repeater authorized pursuant to this STA is on a non— interference basis with respect to all permanently authorized radiocommunication facilities. XM will provide the information and follow the process set forth in paragraphs 14 and 17 in 16 FCC Red 16781 (Int‘l Bur. 2001) as modified by 16 FCC Red 18484 (Int‘l Bur. 2001). The low power repeater is restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS receivers. Where applicable, coordination of the low power repeater shall be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. The low power repeater will comply with Part 17 of the Commission‘s Rules regarding antenna structures. The low power repeater will comply with Part 1 of the Commission‘s rules, Subpart I — Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission‘s rules. 8 The out—of—band emissions of the low power repeater will be limited to 75+log (EIRP) dB less than the transmitter EIRP. One of the conditions imposed in the original STA grant was the requirement that XM pre— coordinate with WCS licensees any repeater affecting an operational WCS base station. See XM Radio STA Order " 14. XM is willing to comply with this requirement, but XM is not aware of any operational WCS base station in any of the locations listed in Exhibit A.) ° In the XM Radio STA Order, the Bureau stated that it expects "WCS licensees to provide a schedule or as much advance notice as possible of when their stations are to be placed in operation." XM Radio STA4 Order " 14. To date, XM has not received information from any WCS licensee regarding their plans for WCS deployment.

Ms. Marlene H. Dortch November 14, 2006 Page 5 XM hereby certifies that no party to this application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 853(a). XM will provide payment to the Federal Communications Commission for the sum of Seven Hundred Ninety Dollars ($790.00). This filing fee amount is applicable to requests for STAs for geostationary ("GSO") satellites. See International and Satellite Services Fee Filing Guide (September 2006). Please direct any questions regarding this matter to the undersigned. ery truly yours, ames S. Blitz Vice President, Regulatory Counsel ce: Stephen Duall, FCC

Exhibit A XM requests Special Temporary Authority to operate one low power repeater with a maximum EIRP of 2 kW at the locations and during the dates listed below.‘ Dates Event Course Location {All are 2007) Mercedes Championships Plantation Course at Kapalua Kapalua, HI Jan. 1—7 Sony Open in Hawaii Waialae Country Club Honolulu, HI Jan. 8—14 The Classic, PGA West— Palm Desert, CA Jan. 15—21 Bob Hope Chrysler Classic Palmer Private, LaQuinta, Bermuda Dunes Buick Invitational Torrey Pines San Diego, CA Jan. 22—28 FBR Open TPC Scottsdale Scottsdale, AZ Jan. 29—Feb. 4 AT&T Pebble Beach National Pebble Beach Golf Links, Pebble Beach, CA Feb. 5—11 Pro—Am Spyglass Hill, Poppy Hill Nissan Open Riviera Country Club Pacific Palisades, CA Feb. 12—18 WGC — Accenture Match Play The Gallery at Dove Tucson, AZ Feb. 19—25 Championship Mountain The Honda Classic PGA National Palm Beach Gardens, —Feb. 26—Mar. 4 FL — Tampa Bay Championship Westin Innisbrook Resort Tampa Bay, FL Mar. 5—11 Arnold Palmer Invitational Bay Hill Golf Club and Orlando, FL Mar. 12—18 > Lodge WGC—CA Championship Doral Golf Resort and Spa Doral, FL Mar. 19—25 Shell Houston Open Redstone Gold Club Houston, TX Mar, 26—Apr. 1 The Masters Augusta National Golf Club Augusta, GA Apr. 2—8 Verizon Heritage Harbour Town Golf Links Hilton Head Island, Apr. 9—15 SC Zurich Classic of New Orleans TPC Louisiana New Orleans, LA Apr. 16—22 ‘ To the extent a particular tournament involves play at more than one course, XM intends to operate the low power repeater at each course.

Dates Event Course Location (All are 2007) EDS Byron Nelson TP Four Seasons Resott, Irving, TX Apr. 23—29 Championship Cottonwood Valley Wachovia Championship Quail Hollow Club Charlotte, NC Apr. 30—May 6 The Players Championship TPC Sawgrass Ponte Vedra Beach, May 7—13 FL BellSouth Classic TPC Sugarloaf Duluth, GA May 14—20 The Colonial Invitational Colonial Country Club Fort Worth, TX May 21—27 The Memorial Tournament Muirfield Village Golf Club Dublin, OH May 28—Jun 3 Presented by Morgan Stanley Stanford St. Jude TPC Southwind Memphis, TN Jun 4—10 Championship U.S. Open Oakmont Country Club Oakmont, PA Jun 11—17 Travelers Championship TPC River Highlands Cromwell, CT Jun 18—24 Buick Open Warwick Hills Golf and Grand Blanc, MI Jun 25—Jul 1 Country Club

Exhibit B Maximum EIRP: 2 kW Maximum antenna height: 25 meters Possible antenna types: Omni (DAB—2350) or Panel (DAB—2304) Range of antenna beamwidth: 360, 160, 120, 90, 60, or 45 Range of orientation: any point from 0 to 359

Appendix C Antenna Specification Sheets

TIL—TEK TA—2350—DAB Omnidirectional 2330 — 2345 MHz The TA—2350—DAB is a medium power vertically polarized omnidirectional antenna specifically designed for Digital Audio Broadcast transmission, The antenna consists of a phased corporately fed broadband dipole array which is configured to provide electrical beam downlilt and null fill. The antenna elements are at DC ground to aid in lightning protection. Electrical Specifications Mechanical Specifications Frequency Range: 2330—2345 MHz Length: 70 in. (1778 mm) Gain: (dBi) 10 Diameter: 2.25 in. (57 mm) VSWR: 1.4:1 max. Woight (Incl. Clamps): 15 Ib. (6.8 kg) Polarization: Linear Vertical Rated Wind Velocity: 125 mph (200 km/h) Power Rating: 200 Walts sverage, 800 Walts pesk Hor. Thrust at rated wind: 31 Ib. (14 kg) H—Plane Beamwidth: 360 degrees Mounting Pipe: 1.75 — 4.0 in. (44.5 — 102 mm) E—Plane Beamwidth: 8 dagreos Electrical Downtlit: 2 degraes Croszs Pol. Discrimination: 20 dB min. Null Fill: —20 dB (1" Nult) Materials Impedance: 50 cohms nominal Termination: 7/16 DIN famale Radiating Elements: Nickel plated copper array Radome: Gray UV stabilized fiberglass Typlcal Mid band values. (For datails, contact factory) Base: Inidited Aluminum Clamps: HDG steel E—Plane TIL—TEK Antennas worwAltek.com (613) 258—5928 Form 2000—2350—DAB Revii Specifications subject to change without nolics

TIL—TEK TA—2304—2—DAB Adjustable Sector 2330 — 2345 MHz The TA—2304—2—DAB is a medium power vertically polarized Sectoral antenna specifically designed for Digital Audio Broadcast transmission. The antenna is designed to provide field adjustable azimuth beamwidths of 45, 60, 90, 120 or 160 degrees by use of side panels. The antenna elements are at DC ground to aid in lightning protection. Electrical Specifications Mechanical Specifications Frequency Range: 2330—2345 MHz Langth: 40 in. (1016 mm) Gain: (dBi) 18@49 17 @SC 15@30° Witth: 6.5 in. (165 mm) 14@120° 13@ 180° Depth: 3.5 in. (89 mm) VSWR: 1.3:1 max. Weight {Incl. Clamps): 10 Ib. (4.5 kg) Front/Back Ratio: 15 4B @ 180° + 35° Rated Wind Velocity: 125 mph (200 kh) Polarization: Linear Vertical Hor. Thrust at rated wind: 150 ib. (68 kg) Powor Rating: 200 Watts averige, 800 Walts pesk Mounting Plpe: 0.75 — 3.0 in. (19 — 76 mm) H—Plane Beamwidth (—3 dBd): Field Adjustable 45, 60, 90, 120, 160 degrees Materials E—Plane Boamwidth [—3 dBd): 7.5 degrees Cross Pol. Discrimination: 15 dB Impedance: 50 chms nominal Radiating Elements: Tin plated copper on PCB Termination: 76 DIN female Reflector: Irridited aluminum Radome: Gray UV stabilized ASA Typleal Mid band values. (For details, contact factory) Clamps: HDG steel H—Plane E—Plane ““‘I" 2 s Psn\ inez yzeC NySSNusl zre 0—4—4%%=:§==fl 30 C C [RX TIL—TEK Antennas wwwSiltek.com (613) 258—5928 Form 2000—2304—2—DAB Reviq Specifications subject 10 change without notica


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