Attachment XM Radio - Grant Sep

XM Radio - Grant Sep

DECISION submitted by IB,FCC

G

2010-09-15

This document pretains to SAT-STA-20081002-00196 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008100200196_840108

File # _SBT—sth— 20081002— 00196 SAT—STA—20081002—00196 1B2008002388 XM Radio Inc. Call Sign Grant Date_©3/5/06 (or otheridentifier) Term Dates See Approved by OMB From 08/isho To:... conditions 3060—0678 Date & Time Filed: Oct 2 2008 5:35:04:636PM 1 _/ ternational Burcau I In Approved: J%’JB File Number: SAT—STA—20081002—00196 *¥with conditions Stepkhert J. Duall Callsign: ChieG, Sedellite Pofic\x, Bvanch 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 Terrestrial Repeaters 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: DC 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 required to 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.F.R. § 1.115 may be filed within 30 days of the date of the Public Notice announcing this action. Sece. Clbo\fe j "***********I tilees # mormmcmnmemmmsemmemzmens enssvotstmcscemmense .;:: m .j mife | og/s/o 5gee ie — c9fisfo condrtions j\} Dual S‘?e%fi #xgodh conditioos Chief Satelliie %hcfi Branch

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). C3 Governmental Entity C Noncommercial educational licensee £4 Other(please explain): 4b. Fee Classification —CRY — Space Station (Geostationary) 5. Type Request g24 Change Station Location § Extend Expiration Date g£4y 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 extensgsion of Special Temporary Authority (STA) granted initially on August 6, 2008 (File No. SAT—STA—20061002—00114) and extended on September 8, 2008 (File No. SAT—STA—20080828—00161) to operate terrestrial repeaters. Absent renewal, this STA will expire on October 8, 2008. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject § Yes g4 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&gquot; 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@fce.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. '

James S. Blitz XM SATELLITE RAD'O 'Nc. Vice President, Regulatory Counsel XM Radio Inc. 1500 Eckington Place, NE Washington, DC 20002 jim.blitz@xmradio.com October 1, 2008 P: 202—380—1383 F: 202—380—4981 Via 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 Terrestrial Repeaters File Nos. SAT—STA—20061002—00114, SAT—STA—20080828—00161 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") granted initially in FCC File No. SAT—STA—20061002—00114 and extended in FCC File No. SAT—STA—20080828—00161, so the repeaters covered by that STA may continue to operate at the parameters authorized therein. Absent renewal, this STA is scheduled to expire on October 8, 2008. XM Radio requests that the Commission renew this STA until the Commission acts on the pending request for 180 day STA (FCC File Number SAT—STA—20061013—00119), or until the Commission issues a blanket license for satellite radio terrestrial repeaters, whichever occurs first. Because this request is timely, pursuant to Section 1.62 of the Rules, this STA will continue in effect without further action by the Commission until such time as the Commission makes a final determination with respect to this request." XM Radio currently operates these repeaters in their licensed frequency band (2332.5—2345 MHz) pursuant to the STA granted by the International Bureau on September 9, 2008. XM Radio has not changed technical parameters for these repeaters since the grant of the STA and is not herein requesting modification of any of those parameters. Renewing this STA will serve the public interest by allowing XM Radio to continue to provide a clear signal to XM subscribers in the areas served by these repeaters. * See 47 C.F. R. § 25.120. * See 47 CF.R. § 1.62. 1500 ECKINGTON PLACE, NE WASHINGTON DC 20002—2164 P 202—380—4000 F 202—380—4500 XMRADIO.COM

Ms. Marlene H. Dortch October 1, 2008 Page 2 As disclosed in the application for this STA, XM Radio has been operating the repeaters authorized under this STA at the parameters requested therein and XM is not awate of any incidents where these repeaters have caused any interference to other radio services. XM Radio will continue to comply with the conditions the Commission imposed in granting the above—referenced STA, which provide sufficient protection to other radio services. Therefore, prompt grant of XM Radio‘s renewal request will allow for the continued reception of satellite radio programming over these repeaters by XM subscribers across the country. Please direct any questions regarding this matter to the undersigned. Very truly yours, J / id /{,/ es S. Blitz / Vice President, Regulatory Counsel €C: Stephen Duall, FCC Shabnam Javid, FCC


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