Attachment XM Radio - Grant Sep

XM Radio - Grant Sep

DECISION submitted by IB,FCC

G

2010-09-15

This document pretains to SAT-STA-20080303-00056 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008030300056_840104

File # SBT— sth— 206 80303— COOSG Ju SAT—STA—20080303—00056 1B2008000472 Radi adio Ins. Call Sign Grant Date_ 693 /18 /o (or otheridentifier) A Term Dates S6ée || pprove;lO%}(I)E)Ol\éd% TEmE i From QS/'S/)O To: Ccnd'ms Date & Time Filed: Mar 3 2008 3:39:32:963PM Bwess | Approved: File Number: SAT—STA—20080303—00056 *¥ todh condifions . Callsign: 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: Request for Extension of Special Temporary Authority to Operate a Low Power Terrestrial Repeater in Las Vegas, Nevada 1. Applicant Name: XM Radio Inc. Phone Number: 202—380—4000 DBA Name: Fax Number: 202—380—4981 Street: 1500 Eckington Place, NE E—Mail: james.blitz@xmradio.com City: Washington State: PC Country: USA Zipcode: 20002 — Attention: James S. Blitz

Attachment to Grant Application of XM Radio Inc. for Special Temporary Authority IBFS File Nos. SAT—STA—20020311—00049, SAT—STA—20030325—00056, SAT—STA—20031219—00373, SAT—STA—20050307—00056, SAT—STA—20070706—00095, SAT—STA—20070706—00096, SAT—STA— 20080303—00056, SAT—STA—20080701—00139, SAT—STA—20081002—00196, SAT—STA—20081218—00234 Special temporary authority (STA) is granted to XM Radio Inc. (XM), for a period of 180 days, to continue to operate previously authorized terrestrial repeaters for use in the 2320—2345 MHz frequency band, as set forth in the above—referenced applications. This authorization is granted according to the technical parameters specified in these applications and is subject to the conditions below. 1. Any actions taken as a result of these STAs are solely at the applicant‘s own risk. These STAs shall not prejudice the outcome of the final rules adopted by the Commission in IB Docket No. 95— 91. 2. SDARS terrestrial repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the SDARS licensee‘s satellite(s) directly to the SDARS licensee‘s subscribers‘ receivers, and may not be used to distribute any information not also transmitted to all subscribers‘ receivers. 3. Coordination of the operations of the terrestrial repeaters shall be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. 4. The terrestrial repeaters shall comply with Part 17 of the Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures. 5. The terrestrial 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. 6. Any SDARS terrestrial repeater operating at a power level greater than 2—watt average EIRP is required to attenuate its out—of—band emissions below the transmitter power P by a factor of not less than 90 + 10 log (P) dB in a 1—megahertz bandwidth outside the 2320—2345 MHz band, where P is average transmitter output power in watts. Any SDARS terrestrial repeater operating at a power level equal to or less than, 2—watt average EIRP is requiredto attenuate its out—of—band emissions below the transmitter power P by a factor of not less than 75 + 10 log (P) dB in a 1—megahertz bandwidth outside the 2320—2345 MHz band, where P is average transmitter output power in watts. 7. These STAs expire after 180 days, or on the date that permanent authority to operate the covered repeater operations becomes effective, whichever occurs first. 8. 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 formalacceptance of the authorization as conditioned. 9. This action is taken on delegated authority pursuant to 47 C.F.R. § 0.261 and is effective upon release. Petitions for reconsideration under 47 C.F.R. § 1.106 or applications for review under 47 C.ER. § 1.115 may be filed within 30 days of the date of the Public Notice announcing this action. \ | o3/i5/10 gee 3 § c93/i5ho conditions ge S’Te%j Dual\\ #xjgoh condioo$ %hc:j Branch CY\( @C Satel lile

2. Contact Name: James S. Blitz Phone Number: 202—380—4000 Company: XM Satellite Radio Inc. Fax Number: 202—380—4981 Street: 1500 Eckington Place NE E—Mail: james.blitz@xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 —— Attention: Relationship: Same (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? «& IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). {£3 Governmental Entity g% Noncommercial educational licensee {} Other(please explain): _[4b. Fee Classification —CRY — Space Station (Geostationary) 5. Type Request g24 Change Station Location £74 Extend Expiration Date #g, 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 an extension of Special Temporary Authority (STA) granted on September 14, 2007 (See File No. SAT—STA—20070628—00093) to operate a replacement low power terrestrial repeater (less than 2kW EIRP) in Las Vegas, Nevada. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes 4 No 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: 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@fcee.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 number or 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.

XM SATELLITE RADIO Tames S. Blitz Vice President, Regulatory Counsel XM SATELLITE RADIO 1500 Eckington Place, NE Washington, DC 20002 jim.blitz@xmradio.com March 3, 2008 P: 202—380—1383 F: 202—380—4981 Via Electronic Filing (IBFS) Ms. Marlene H. Dortch, Secretary Federal Communications Commission 445 12"" Street, S.W. Washington, D.C. 20554 Re: XM Radio Inc. Renewal of Special Temporary Authority to Operate a Replacement Low Power Terrestrial Repeater in Las Vegas, Nevada File No. SAT—STA—20070628—00093 Dear Ms. Dortch: Pursuant to Section 25.120 of the Commission‘s Rules,‘ XM Radio Inc. ("XM Radio") hereby requests renewal of the above—referenced Special Temporary Authority ("STA") to operate a substitute low power terrestrial repeater with an average Effective Isotropically Radiated Power ("EIRP") of 1068 Watts atop Harrah‘s Casino Hotel in Las Vegas, Nevada (the "Las Vegas Repeater"). Absent renewal, this STA is scheduled to expire on March 12, 2008. XM Radio requests that the Commission renew this STA for a period of 180 days or until the Commission issues a blanket license for the XM repeater network. Because this request is timely, Section 1.62 of the Rules allows this STA to _ continue in effect without further Commission action until such time as the Commission shall make a final determination with respect to this request." XM Radio currently operates the Las Vegas Repeater in its licensed frequency band (2332.5—2345 MHz) pursuant to the STA granted by the International Bureau on September 14, 2007. XM Radio has not changed technical parameters for the Las Vegas Repeater since the grant of the STA and is not herein requesting modification of any of those parameters. 1 See 47 CF.R. § 25.120. 2 See 47 CFER. § 1.62. 1500 ECKINGTON PLACE, .NE WASHINGTON DC 20002—2164 P 202—380—4000 F 202—380—4500 XMRADIO.COM

Ms. Marlene H. Dortch March 3, 2008 Page 2 Renewing this STA will serve the public interest by allowing XM Radio to continue to provide a clear signal for reception by SDARS receivers in Las Vegas, Nevada. As XM Radio noted in its original request, the Las Vegas Repeater is needed to supplement service to areas of Las Vegas on and around "The Strip," where XM‘s satellite signal is shielded by a high concentration of tall buildings. The original repeater servicing this area was decommissioned by XM prior to the demolition of the Stardust Hotel, on which original repeater was constructed, in March 2007. XM Radio has been using the in Las Vegas Repeater authorized under this STA for 180 days and is not aware of any incidents where it has caused any interference to other radio services. XM Radio emphasizes that the Las Vegas Repeater operates at a power level less than that of the original, decommissioned repeater and at a level which is unlikely to cause any interference. XM Radio will continue to comply with the conditions the Commission imposed in granting the above—referenced STA to operate the Las Vegas Repeater. These conditions and the technical parameters of the Las Vegas Repeater have provided sufficient protection to other radio services. We therefore request prompt grant of the instant renewal application, for the reasons provided herein. Please direct any questions regarding this matter to the undersigned. Very truly yours, D —— 2 . Blitz ice President, Regulatory Counsel ce: Stephen Duall, FCC Shabnam Javid, FCC


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