Attachment O&A

O&A

DECISION submitted by FCC,IB

O&A

2005-01-26

This document pretains to SAT-AMD-19950310-00042 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD1995031000042_414689

Federal Communications Commission pa os—1so Before the Federal Communications Commission Washington, D.C. 20554 In the Mater of ) ) XM Radio Inc. ) ) Application for Minor Modification to Relocate ) File Nox: SAT—MOD:20040212—00017; Satelite Digital Audio Radio Service (SDARS) ) 72.5AT—AMEND.7; Satellite from 85° W to 115° W ) 1071—085—9—03127592; ) 2627—05s—LA—331/1503; ) a/e4—5AT—AMEND.953/1005; ) (Call Signs: S21 18 (XM—RolD ) and S21 19 (XM—Rock)) ) Application for Authority to Launch and Operate ) File No. SAT—RPL—20040212—00018 Replacement SDARS Satellteat 85° W ) (Call Sign: S2616 (XM3)) ) ) File No SAT—RPL20040212:00019 Application for Authority to Launch and Operate ) (Call Sign: S2617 (XMA)) Replacement SDARS Satellite at115° W ) ) ) ORDER AND AUTHORIZATION Adopted: January 26, 2005 Released: January 26, 2005 By the Chiet Satelite Division, International Bureas: 1 inTRopUction 1. By this Order, we authorize XM Radio Inc. (XM Radio) to launch and operate two replacement satelites, XM3, Call Sign $2616, atthe 85° W.L. orbtal location and XM~4, Call Sign S2617, at the 115° WL. orbital location. These satellites will replace existing in—orbit satelitesat these locations that are experiencing technical difficulties that will reduce their expected useful life.. In addiion, we grant XM Radio‘s request o relocate its existing in—orbit satellte at 85° W.L., "XM—Roll," Call Sign S2118, to 115° W.L. and to operate it at the 115° WL. orbital location with another existing satellte, "XM—Rock," Call Sign S2119.. Upon the successful launch and operation of XM—4, we grant suthority to XM Radio to operate XM—Rock and XM—Roll as inorbit spares at 115° WL. for the remainder ofthe satellts® existing license terms. These authorizations will allow XM Radio to continue to provide Satellte Digital Audio Radio Service (SDARS) to US. consumers despite unanticipated technical difficulties experienced by XM Radio‘s existing in—orbit satelites 1. BACKGROUND 2.. In 1997, the Intermational Bureau authorized XM Radio to launch and operate a satelite system in the geosttionary—satellte orbit (GSO) in order to provide SDARS in the 2332.—2345 Mite

ons Commission pa os—1so frequency band from the 85° W.L. and 115° W.L. orbital locations." This authorization afforded XM Radio the opportunity to provide U.S. consumers with continuous, nationwide radio programming with compact disc quality sound. ‘The Bureau found that this new service had the potential to increase the variety of programming available t the listening public, and to offer niche programming to listeners with special nterestsIn addition, the Bureau found that SDARS had the technological potential t provide a wide range of audio programming options to rural and mountainous sections of the country that have historically been underserved by terresril radio." n March 2001, the Satellte Division modified XM Radio‘s authorization toincrease the power of XM Radio‘s satelites, t revise the downlink frequency plan, and t increase the transmission rate of each ofit satellte cariers." 3. In March 2001, XM Radio successfully launched its frst satelite, alled "XM Rock," to the 115° W.L. orbital location." Two months lter it successfully Iaunched its second satelite, called "XM Roll," to the 85° W.L. orbital location.® XM Radio initated commercial service to the public in September 2001." Currently, there are more than 3.1 million subscribers to XM Radio.® 4.. In February 2004, XM Radio filed three applications to modify its existing space station authorization and to launch and operate replacement stelfite," In ts applications, XM Radireportsthat the solar armys ofthe XM Rock and XM Roll satelites have progressively degraded, which is expected to lead to an earlie—than—anticipated decline in the performance ofthe satelites and to a reduction in the expected useful ife of the satelites.®.In order to ensure uninterripted service to subscribers, XM Radio requests authority to launch and operate a replacement satelite, XM—3, that will replace the XM—Roll * American Mobile Radio Corp., Orderandduthoriation, 13 ECC Red §829 (IntI Bur,197) (P997 Auhorizarion Order). American Mobile Radio Corp. changed is name in 1998 to XM SateliteRadio Ic. * d t 8829 (paa. 2) ‘ra * XM Radio Inc., Order and Authorization, 16 FCC Red 5603 (Inl Bur. Sat & Rad. Div. 2001) (2007 Modifeation Order). Specifcaly,the 2001 Modfeation Order autvorized XM Radio (1to ncrease the maximum Equialent sotropically Radiated Power (EIRP) of each of is DARS satlites rom 62 dBW to 68.5 dBW; 2)to tevise ts downlink channeleation plan by increasing the number ochannels rom fiveto six,includingfour carier frequencies (two per stelte) of1.84 Miiz each and two frequencies fr teretral epeatersof2.53 Mitz achyand () to increase the transmision rate ofeach of s satlite cariersto 3.28 Mbitss. " See XM Radio ress Releas, XM Rock‘ Stelite Hits CritcalIn—Orbit Milstones; ‘XM Rol® Launch Slated for May 7",dated April9, 2001, avalable online at sereen/presshtml. * See XM Radio Press Release, *XM Radio Successfilly Launches Second Satelite; dated May 8, 2001, avalable on—ine at hitp:wonxmeadio com/nessroomsereentpress release 2001 0508hinl. " XM Radio also received Special Temporary Authorty (STA) to operte inband terrestrial repeters for commersil service in cerain markets o filgaps in sitelite coverage. See XM Radio, Inc, Order and Authorization, 16 FCC Red 16781 (nt‘ Bur.2001), as modifed by 16 FCC Red 18484, pet fo recon perding. * See XM Radio Press Release, "XM Radio Tops 3.1 Millon Subscribrs Ahead of YearEnd Gou®, dted December 27, 2004, availble on—line athtp:owxmradiocomnewsroomsereen/pr 2004 _12 27tml. * XM Ratio Inc., Application for Minor Modifiction to Relocate Satlite Digital Audio Radio Service(SDARS) Saellte (Call Sign S2118) ffom 85°W to 115°W, File No. SAT—MOD:0040212:00017; XM Radio Inc., Applicaton for Authorty to Launch and Operte Replacement SDARS Satlite at 85°W, File No. SAT—RPL~ 20040212—00018; XM Radio Inc., Applicaion for Authority to Launch and Operate Replacement SDARS Satelite at 115°W, File No SAT—RPL—20040212—00019 (collectively,"XM Radio Modification Application") " XM Radio Modifiction Applicationat3—t

Federal Communications Commission ba os—1so satelteat 85° W.L."_ XM Radio also seeks authority to relocate the XM—Roll satelite to the 115° WL. orbital location, where it willbe temporarily co—located with XM—Rock, with each satellte transmitting at half of ts original capacity." Finally, XM Radio requests authority to launch and operate a replacement satellite, XM—1, to the 115° W.L. orbiallocation by 2007 and to operate XM—Rock and XM—Roll at the 115° W.L orbital location as non—transmiting (except for telemetry transmissions) in—orbit spares upon successful operation of XM— at 115° W.L." 5.. According to XM Radio, the replacement satelites will use S—band frequencies (2332.5—2345 Mitz) for space—to—Earth service links and X—band frequencies (7025—7075 MHz) for Eart—to—space feeder links and tracking and control functions."" On—station and transfer orbit telemetry will be transmited within the 2332.5—2345.0 MHz frequency band." XM Radio‘s lcensed earth station feeder uplink is located in Washington, DC."" Telemetry, racking, and control will be conducted from stations located in Canada and the United States, with U.S. earth stations having the abilty o override the Canada TT&C earth stations,atleast on a short term basis." XM Radio will operate it replacement satelites on a non—broadcast, non—common—carrier bass." 6.. The XM Radio Modification Application was placed on public notice."" No comments were filed in response to the notice. XM Radio subsequently updated certain information regarding the technical charncterstis of its replacement satelites and the desired orbitallocations ofis existing and replacement satelites." 111. DisCUSsION 7.. Although the Commission adapted new licensing procedures for space sations as part of the First Space Station Licensing Reform Order," the Commission explicitly stated that none of the rules adopted in that Order are applicable to SDARS applications." In the Airst Space Station Licensing Reform Order, the Commission also reiterated ts policy governing the replacement of GSO satelites. Given the huge costs of building and operating GSO space stations, it found that there should be some " xM Radio Modiication Application ar 4. " XM Radio Modifiation Applcation at 4 " XM Radio Modiication Application t 4—5. "* XM Radio Modification Appliation, Appendix A at 1. 5 XM Radio Modifetion Application, Appendix A at 7 "* XM Radio Modifcation Application, Appendix A at18. "" XM Radio Modifcation Application, Appendix A at 21—22. " XM Radio Modifcation Application, Appendix A at 25. " Public Notice, Poliy Branch Information: Satlite Space Staton Apolications Acceptedfor Fling, Report No. sa7—00202 (Wor,19, 2006) ® Leter from Lon C. Levin, Senior Viee President, XM Radio Ic. to Marlene H. Dortch, Seeretay, PCC, dated Aug, 20, 2008 (August20 Leter). " Amendment of The Commissions Space Station Licensing Rules And Policies, Arst Report and Order and Further Notle ofProposed Rulemaking, 1B Docket No. 02:34, 18 ECC Red 10760 (2003) (Pist Space Staron Licensing Reform Orden, * Fist Space Sttion Licensing Reform Order, 18 ECC Red t 10764 n4.

Federal Communications Commission pa os—rso assurance that operators will beable to continue to serve their customers."" Accordingly,the Commission has stated that, when an orbit location remains available for a U.S. sstelite with the technical characteristesofthe proposed replacement satllte, it wll generally authorize the replacement satllite at the same location" The Commission has also acted on applications for replacement stelites as they are filed, without consolidating them into a processing group."" Nothing in the First Space Starion Licensing Reform Order was imtended to affect this policy with respect to SDARS replacement satelite applications. 8. Although the Commission adopted a "arant stamp" procedure for unopposed replacement satelite appliations with technical charzcterisics consistent with those of the satelite to be retred as part of the First Space Station Licensing Reform Order,* this procedure does not apply to SDARS applications for the reason stated in the proceeding parsgraph. Moreaver, because XM Radio requests a waiver of certain ofthe Commission rules, a written decision is appropriate in this case. Accordingly, this Order examines the applications of XM Radio for both replacement satelltes, XM—3 and XM~4, n light ofthe legal and technical qualification requirements for SDARS licensees set forth by the 7997 SDARS Order® and Section 25.144 ofthe Commission‘s rules." A. Legal Qualifications 9. Section 25.144(a)(1) establishes four entiics that are legally eligible to hold SDARS Hicenses."" XM Radio (Formerly American Mobile Radio Corp.) is one of the four eligible enttes and is one of the two eliible entiies that were awarded SDARS licenses by auction in 1997.". No party has ® Pist Space Station Licensing Reform Order, 18 ECC Red at 10854—55 (pora. 250), cing AssignmentofOrbial Locations to Space Sations in the Domestic Fxed.SateliteService, Memorandm Opinion and Order,3 FCC Red 6972, 6976 n31 (1988) (2988 Order Assignnent Order); Hughes Communications Galny, Inc., Order and Auhorization, 6 ECC Red 72, 74 .3 (1991) (Hughes Replacement Order} GE American Communications, Ic, Order and Authoriation, 10 ECC Red 13775, 1377576 (paa. 6(Int1 Bur. 1995) (GB Americom Replacement Orden) ® First Space Sation Licensing Reform Order, 18 ECC Red at TOBS$ (para.250), ing 1988 Order Assignment Order, 3 FCC Red t 6976 n31; GBAmericom Replacement Order, 10 FGCRed at 13775—76 (par. ) ® Fist Space Sarion Licensing Reform Order,18 FCC Red t 1085(para 250), cing GE Anericom Replacement Order, 10 FCC Red at 13778—76 (pare 6); Loral Spacecom Corp, Order and Auhoriation, 13 ECC Red 16348— 16440 (para. 5) (n‘! Bur, Sat. & Rad. Div. 1995) * Fist Space Srion Licensing Reform Order, 18 FCC Red t 10854—36 (paras. 250 & 253). Under the grantstamp procedure, unopposed replacement satliteapplications can be stamped "granted." and a copy returned to the applican, without the need for a writen order. A publnotiee ofthe grant would b isued t inform the public of the Commisson‘s action. See d "" Esblishment of Rules and Poliies for the Digial Audio Radio Satlite Service in the 23102360 Mitz Frequeney Band, Report and Order, Memorandan Opinion and Order andFurther NoticeofProposed Rulemaking, 1B Docket No.95—91,12 RCC Red 5754 (1997)(1997 SDARS Orden) "ancrr52514 47 CR § 25. 144(@\(). The fou enttes eliible fo censing in SDARS are: Saelite CD Radio; Primasphere Limited Parnership; Digital Stelite Broadeastng Corportion; and American Moble Radio Corpontion. Because the Commission determined that t more than o systems could operate i th 25 megaherts of pectrum allocted domesticallyfor SDARS, onl two ofthefourcliible entites could beissued Heenses. See 1997SDARS Order, 12 FCC Red at 5812 (para, 143).. The two licenses were awarded by competitve bidding, pursuant to the Commission‘s mles,see 47 CE R. § 2501.

Federal Communications Commission paos—1so raised any other question as to XM Radio‘s legal qualifcations to be a Commission Hicensee. Accordingly, we affim that XM Radio has satisfed the legal requirements of Section 25.1 14(a)(1). B. Technical Requirements 10. Section 25.144(a)(G) sts forth three technical qualifations that are specifically applicable to SDARS applications."" Firs, SDARS applications must demonstrate that the proposed system will at a minimum, serve the 48 contiguous United States (CONUS)." XM Radio states that its replacement sateltes, XM—3 and XM—4, will provide SDARS and ancillry services to CONUS." In view of this representation and the record before us, we conclude that XM Radio‘s replacement satelltes comply with the coverage/service area requirement of Section 25.144(@G). 11. Second, an SDARS applicant must certfy that its system includes a receiver that will permit end users to access all lcensed SDARS systems that are operational or under construction." This requirement will allow consumers to access services from all lcensed SDARS systems using a single receiver." In its applications, XM Radio does not certfy that its system currently includes such a receiver, but refers to a letter from XM Radio to the Commission dated October 6, 2000, which XM Radio asserts provides notice of its "continuing program to develop an interoperable satelite radio receiver."". In the October 6 Letter, the two SDARS licensees announced an agreement to develop a unified standard for satelite radios, and sated their antcipation that interoperable chips capable of receiving both services would be produced in volume in mid 2004," ‘The two companies also agreed to troduce interim interoperableradios, priorto the introduction of fully—iteroperable chipsets, that would include a common wiring hamess, head unit, anterna, and an interchangeable trunt—mounted box containing processing elements for both company‘ssignals." (,.contimed rom previous page) * The other cligible entity that was awarded an SDARS license at auction is Sizius Stelite Radio Inc. (formerly Saelite CD Radio). See also Public Notiee, "FCC Amrounces Auction Wimersfor Digital Audio Radio Service," DA 97—656 (Apr.2,1997). The two SDARS icensees paid a combined ttal o$173.2 milionforthe two licenses. "aorR gl®6) "47 CR§ 144G@G)(;see also 1997 SDARS Order, 12 FCC Red at 5793—94 (pares. 97—99). " XM Radio Modifeation Appliatonat 2. rarcergm®em. *‘ See 1997 Authorization Order, 13 ECC Red at 8846 (para. 38citng 1997 SDARS Order, 12 PCC Red at $797 (pan. 106) * XM Radio Modifiation Applicaton, Appendix A at 2, citngLeterfom John R. Wornington, XM Radio Ic, and Robert D. Briskman, Sirus Satelte RadioInc.to Magalie Roman Sals, FCC, dated Oct6 2000 (October 6 Leten). " October 6 Lever4. " October 6 Leiter ut 4. We take note of thefact hat sincsthe October 6 Leter both XM Rado and Sivius have imroduced uners that wilallow satliteradi—ready headsets offered by thirtparty consumer lecronic manifictirers o receivethsignals ofboth SDARS licenees. See Situs Pres Release, Siris and Poncer Offer ‘Tunerfor Satllte Radio: New Tuner Compatile with SAT—Ready Head Unitsfrom Poneer‘, dated Janvary , 2005, nailable onie at hitps/wwsls comferviet/ContenServer? ngeid=1 10«770sa27 3; seealso XM Radio Press Release, *XM Satelite Radio Introduces XM Direct Universal TuneforCar Stercos Now Availible for Thid—Pary Developers, Distributor," dated November 17, 2003, available olie as hitpi/wriswxmradiocomevsroonirsen‘gr 2003_11_17imk s

Federal Communications Commission vaos—180 12. We observe that some time has elapsed since the October 6 Zerter was initally filed with the Commission. Accordingly,to refeh the record, we will send lettersto XM Radio and Sirus requesting that they provide the current status of their effots to develop an interoperable receiver, and that they provide a clear imeframe for making such an interoperable receiver available to the public. 13. The third technical qualification of Section 25.144(a)) requires SDARS licensees to identify the compression rates) they plan to use to transmit audio programming, as well as for the transmission of any services tht are ancillry to SDARS."_XM Radio states that audio coding permits a compression factor of 20 for audio and ancillary services transmitted by its replacement satelites." We find that thisinformation satisies the compression disclosure requirements of Section 25.144(@)G). 14. In addition to the SDARS—specific technical requirements of Section 25.144(@)), the SDARS rules also require an SDARS applicant to describe in detail ts proposed system and to set forth all pertinent technical and operational aspects ofthe system.""—In particular, an SDARS -Eplicnm must fil information demonstrating compliance with Section 25.1 14 of the Commission‘s rules." XM Radio has provided the technical and operational aspects of both the XM—3 and XM—t replacement satelites. As discussed in the following paragraphs, we find that XM Radio has demonstrated compliance with the technical requirements of Section 25.114 as required by our SDARS rules. 15. Service Link Margin. ‘The Commission declined to adopt a requirement that SDARS licensees be capable of providing a specific value of service link for a given geographic area; insted, SDARS applicants need only provide the information on their service link budgets that is required by Section 25.114 of the Commission‘s rules." XM Radio has provided this information for each of its replacement satelites," and our review finds it sufficientt fulAll the Commission‘s requirement. 16. PFD Limits. "The SDARS service rules do not set a specific power flux density (PFD) limit for SDARS systems, but rather rely on the expectation that appropriate PFD limits will be established through interational coordination with adjacent countres." SDARS applicants are required, however, to identify the PFD limits at the Earth‘s surface from their spacecraft. As part of ts applications, XM Radio states that the maximum (peak) PFD limit of its replacement satelites will not exceed —118.0 dBW/m®/4 kz within the borders of the United States."In addition, XM Radio observes that the United States has entered into international coordination agreements with Canada and Mexico that limit the PFD level from U.S—licensed SDARS satelites into Canada and Mexico:" XM Radio states that its replacement satelites will operate in full compliance with these PFD limits, and we expliitly condition XM Radio‘s muthority to operate it replacement satelites on compliance with intermational coordination " 47 CR§ 25.144(@G)0i1997 SDARS Order,12 PCC Red at 5798—99 (paras. 108—09). cation Applcation, Appodix A at 15, 26 ® XiM Radio M "nore prsiu@). ®1 © 1997 SDARS Order,12 FCC Red at 5795 (pae. 101). * XM Radio Modification Application, Appendix A at 15—17. © 1997 SDARS Order, 12 ECC Red t S801 (pra. 113) * 1997 SDARS Order, 12 ECC Red at S801 (para. 114). "" XM Radio Modificaton Applicaton, Appendix A at 4, 20 (idenifyng a maximum (peal) 4 of —1180 cowin‘l kita, "*XM Radio Modification Applicaion, Appendix A at 20:21, 6

Federal Communications Commission pa os—1s0 agreements between the U.S. and forcign administrations. 17. Out—oftband Enissions. "The SDARS service rules require SDARS licensces to satiy the out—ofband and spurious emission limits contained in Section 25.202(D ofthe Commission‘s rules, which requires that the mean power of emissions will be attentated below the mean output power of the transmittr n accordance with the schedule set forth in our rules."" XM Radio provides information about its system parameters that we find demonstrates compliance with the schedule set forth in Section 25.20200.° 18. Telemetry Beacons, The SDARS service rules require lcenses to accommodate telemetry beacons for their systems within their exclusively licensed bandwidth, but allow each licensee the n ty to determine the appropriate amount of spectrum necessary for ts telemetry beacons." We find that XM Radio complies with thisrequirement by locating its on—station and transfer orbit tlemetry beasons within ts exclusively censed S—band spectrum at 2332.5—2345.0 MHz." 19. Cross Polarization. The SDARS service rules permit each SDARS lcensee to employ cross— polarization within its exclusively licensed frequency assignment and to employ: cross. polarized transmissions in frequency assignments of the other SDARS licensee under mutual agreement with the other liensee."The XM Radio appli ns do not address the issue of frequency reuse through cross— polarization, nor do they identify whether XM Radio intends to use cross—polarization within its exclusive frequency assignment. XM Radio requests authorization to use lefthand ciular polarization for its service downlink transmissions,"" and we grant that request. XM Radio must apply to the Commission for approval of any deviations from its use of lefthand circular polarization for service downlink transmissions. 20. Feeder Links. ‘The Commission has recognized that SDARS systems cannot operate without sufficient feeder—link spectum." The Commission identified the 7025—7075 MHz band as the spectrum for SDARS feeder—link operations.* The SDARS service rules state that the Commission will permit a SDARS feeder—link network to operate as a fixed—satelite service in the 7025—707MHz bands on a co— ary basis, but only after the applicant demonstrates that coordination with potentialy—affected users the band has been successfully completed."" Accordingly, we authorize XM Radio to launch satelites that are capable of operating in the 7025—7075 MHband subjectto successful icensing and coordination © 1997 SDARS Order, 12 ECC Red at S801 (para.115). An ou—ofband emisionis adio frequency energy on a frequency or frequencies immediatly ouside of the necessary bandwidth which resuls from the modultion process, but exclading spurious emissions.. A spurious emission is radio ffequency energy on a frequency or frequencies which areoutsidethe necessary bandwidth anthelevelofwhich may be reduced withoutaffecing the corresponding transmission of information. Sprious emisions exelude out—oband emissions. "* XM Ratio Modifcation Application, Appendix A at 4. *‘ 1997 SDARS Order, 12 ECC Red t $804 (pre. 121) "* XM Radio Modifcation Applcation, Appendix A a 7. 9 47 CFR § 25 214(c)(4). See also1997SDARS Order, 12 FCC Red at $804—05 (paas. 122—123), "* XM Radio Modifcation Application, Appendix A at 8, Table A. * 1997 SDARS Order, 12 ECC Red t 5607 (paa. 129) * 1997 SDARS Order, 12 ECC Red t 5607 (pra. 129) 1997 SDARS Order, 12 ECC Red t $809 (pars. 134—135). 7

Federal Communications Commission pa os—1so of it feeder link eart stations. 21. Orbial Locations. Section 25.114 requires applicants seckingauthority for GSO satellites to identify the orbial location, or locations, requested for the satelite." XM Radio‘s Modification Application, fled in February 2004, identfies the 85° WL. orbital location for the XM—3 replacement satelite and the 115° WL. orbital location for the XM~4 replacement satelite:© In addition, the Modification Application secks authority to relocate XM—Roll from 85° WL. to 115° WL. upon the successful launch of the XM—3 replacement satelte"" By letter dated August 20, 2004, however, XM Radio clarified ts desired orbital locations." In its August 20 Leter, XM Radio states is intent to operate the XM.3 replacement satellte at the 85.10° W.L. orbial location and to relocate the XM—Roll satelite from 85° W.L. to 114.90° W.L®. The August 20 Lerter states that the XM—4 replacement satelite would be operated at the 115° W.L. orbital location" The August 20 Letter does not indicate any change to the position of XM—Rock, which is currently authorized to operate at 115° W.L.® 22. We grant XM Radio authority to launch and operateits replacement satelites, XM—3 and XM—4, and to relocate XM—Roll pursuant to the orbital locations specified in its original Modification Application filin February 2004.". XM Radio‘s clarfcation in is August 20 Leter changes the orbital locations to be used by XM Radio‘s satelltes and thus constitutes a major amendment that is subject to the Commission‘s public notice requirements." Because the requested change in orbital locations was neither fled as an amendment nor placed on public notice, we do not consideit for parposes of this authorization and limit our authorization to the orbital locations specified in the original Modification Application.. This action is without prejudice to XM Radio subsequently seeking to modify ts orbital Tocations consistent with the August 20 Leter by means of a properly—filed modifcation application that satisfes the public notice requirements ofthe Commission‘srules. 23. Our grant of authority to XM Radio to relocate XM—Roll from 85° to 115° W.L. is conditioned on XM Radio‘s coordination ofall its tracking, telemetry, and command (TT&C) operations with existing geosttionary satellites to ensure no unacceptable interference results from its TT&C operations during the relocation. During the relocation, XM Radio shall not operate the communications payload on the satelite. In additon, XM Radio must not cause harmful nterference during the relocation to any other lawfully operating in—orbit satelite, and XM Radio must terminate operations on XM—Roll immediately upon notification of such interference and shall inform the Commission in writing imediately of such an event. During the relocation, XM Radio is required to accept nterference from °* XM Radio has filed separate requests to modify ts feeden earth sutions. See File Nos.SES—MOD—20040610— 00815; SES—MOD—20040819—01199, These erth staton appleations are outside thscope ofhis Ordeand willbe adéressed by separte Commission action. "acragasin®60. °* XM Radio Modifeation Applcationat 1—5. ©* XM Radio Modifeation Applcation t 1—5. © Leter rom Lon C. Levin, SeniorViee President, XM Radio In., to Marlene Dortch, Secretay,dated August20, 2004 (August 20 Lener) 9 August 20 Leter st2 C August 20 Leter 2 XM Radio Modifcation Applieation, at 1. 5* We note that this authorization specificlly does not extend toany imrbit tsting of XM3 or XM—4 at orbtl Hocations other than thoseauthorized hrein. © «7 cR 55 23.1160000 and 25 151

Federal Communications Commission baos—180 other lawfully operating in—orbit satelites. XM Radio must inform the Commission in writing that has begun relocation ofthe satellite upon commencement ofmaneuvers to drit XM—Rollt 115° W.L. C.— Other Issues 24. In—orbit Spares. XM Radio‘s Modification Application states that upon successful operation of XM—4 at 115° W.L, it will cease transmissions from XM—Rock and XM—Roll (except for telemetry transmissions) and the two satelltes will operate as i—orbit spares at the 115° W.L. orbital ocations* As discussed above,"" XM Radio subsequently stted its intentto relocate the XM—Roll satelite from 85° W.L. to 11490° W.L.,rather than to 115° W.L." For the reasons set forth above,"" we will not consider XM Radio‘s subsequent change of orbital location for purposes of this authorization and limit our authorization to the orbitallocation specified in the original Modification Application.. Accordingly, we suthorize the use of XM—Rock and XM—Roll as non—transmitting(except for telemetry transmissions) in— orbit spares at 115° W.L. after the successful operation of XM~4. We also remind XM Radio of its obligation to seck Commission authority priorto any movement of XM—Rock and XM—Roll from 115° W .. ther than for post—mission disposal maneuvers pursuant to Section 25.283(a)of the Commission‘s ules." 25. License Terms, We observe that the Commission rules establish an eight—year license term for SDARS space stations, which commences when the satellite is Iaunched and put into operation." Accordingly, the license terms for XM Rock and XM Roll commenced in March and May, 2001, respectively, and thus will expire in March and May 2009._ XM Radio must cither specifially seck to extend the lcense terms of these satelites prior to expirtion, or must decommission the spacecraft at the end of th license terms pursuant to the Commission‘s post mission disposal rles." The liense term for each of the replacement satelites, XM—3 and XM—4, shall be eight years and will commence when each satelit is launched and put into operation. 26. We remind XM Radio that it should timely file with the Commission the information necessary for the Advance Publication, coordination, due diligence and notification ofits frequency assignments pursuant to the international Radio Regulations.""_ Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordiation of frequency assignments with other Administrations. D. Waiver Request 27. XM Radio requests a waiver of Section 25210() of our rules, which requires that GSO FSS space stations be maintained in orbit within 0.05° of their assigned orbital longitude, unless specifically authorized otherwise by the Commission to operate with a different longitudinal tolerance, * XM Radio Modification Application at 45. XM Radio sttes that it will sek further Commission approvali it later decides to move XM—Rock or XM—Rollto another oriallocadon. I4 t Sn 11 * See supra, pan. 21 ® August 20 Leter 2. "" Seesupra, pan 22. 747 CFR § 25 283(a). Seealso Mitiation of Orbital DebrisSecond Report and Order,IB Docket No. 02—54,19 CC Red 11567 2004). "«7CBR5251440 "«rore 52528 "«rorm sas110.

Federal Communications Commission pa os—1so and except as provided in Section 25.283(b) (end—oflife disposal) of the Commission‘s rules."" XM Radio seeks a waiver that would allow its replacement satelites, XM—3 and XM—4,to operate within 0.10° of their assigned orbitallongitudes."". According to XM Radio, a waiver is justified in these instances because there are no nearby space stations operating in the S—band SDARS service links or in the X—band ESS feeder links to which XM Radio‘s satelite operations could cause interference."" In addition, XM Radio states that the costs of complying with a £0.05° eastwest station keeping tolerance (such as increased fuel to maintain tighter tolerance) outweigh any purported benefits." 28. The Commission may grant a waiver for good cause shown:" Waiver is appropriate if (1) special circumstances warrant a deviation from the general rul, and (2) such deviation would better serve the public interest than would strct adherence to the general rule."" Generally, the Commission may grant a waiver of itsrulesin a particular case only if the elief requested would not undermine the policy objective othe rule question, and would otherwise serve the publicinterest.® XM Radio states that a waiver is justified because there are no other satelites at that location to which it could cause radioffequency interference. We note that XM Radio‘s analysis appears limited to those spacecraft that are operating co—frequency with the XM Radio space stations and does not include other spacecraft which are not co—frequeney, but may be impacted by the extended staion keeping box._ Without access to this additional information we are not able to conclude that the public interest justifies a waiver, given the potential, impact on the operations of other satelites. Accordingly, we deny XM Radio‘s waiver request 29. Although we deny XM Radio‘s request, we do so without prejudice to XM Radio filing a modification of its license to permit ts satelite to be maintained within a 0.10° station keeping box.. n support of such a modifiction request, XM Radio should provide information regarding the identity of known satelites located at, or planned to be located at, the location proposed by XM Radio, or assigned a location in the vicinity such that the station—keeping volume of the respective satelltes might overlap. XM Radio need not address every filing with the Intemational Telecommunication Union (FTU) that meets these criteria, but should assess and address any systems reflected in ITU filings that are in operation or that XM Radio believes may be progressing toward launch, e«g. by the appearance of the system on a launch vehicle manifest, In the event an overiap is indieated, XM Radio should identify the measures it would take to avoid in—orbit colisions with such satelftes." *«7CrR.5252100. "" XM Radio Modification Application, Appendix A at 19:20. We consine this request as one to maintain the spacecrat wthin 0.1° oftherassigned orbial longitide, as assessed t the nodal pointofhe orbit "* XM Ratio Modification Applicaion, Appendix A at 20. 7 XM Ratio Modification Applicaion, Appendix A at 20. ©47 CBR § 13. See also HAIT Radiov. FCC, 418 F2d 1153 (D.C. Ci,1969)(WAIT Radio); Northast Celliar Tel. Co.v. FCC, 897 F.2d 1166 (D.C. Ci. 1990) (ortheast Celiar) "" See Northeast Celliar, 897 F2d at16. "" See WAITRadio, 418 F2at 117. ©. See Mobile Satelite Ventires Subsidlry LLC, Order andduthoriation, DA 0%—50 (InI Bur. rel. Jan.10,2005) (denying a waiveofSction 25.210() under anlogous circumstances). ** Regardiess of whether XM Radio secks such a modifiation, we arefollowing our standard procice of requiring submission oinformation regarding methods that will be used to avoid cllsions with other spacecraf operating wihinthe + 0.05 station keeping volume. Se info, par. 36. 10

Federal Communications Commission DA 05—180 IV. ORDERINGCLAUSES 30. IT 18 ORDERED that the application of XM Radio Inc. to launch and operate a replacement satelite, XM3, Call Sign S2616, at the 85° W.L. orbital location for the purpose of providing a satllte digital audio radio service in the United States in the 2332.5—2345 MHz frequency band (space—t0—Earth), File No. SAT—RPL—20040212—00018, 1 GRANTED. 31. TT IS FURTHER ORDERED that the application of XM Radio Inc.to launch and operate a replacement stelite, XM—4, CallSign 2617, at the 115° W.L.orbial location fothe purpose of providing a satelite digitalaudio radio service in the United States in the 2332.5—2345 MHe frequency band (spaceto— Earth), File No. SAT—RPL—20040212—00019, S GRANTED. 32. IT IS FURTHER ORDERED that the application of XM Radio Inc., File No. SAT— MOD—20040212—00017, to modify the authorization granted in 13 FCC Red 8829 (Intl Bur. 1997), File Nos. 72—SAT—AMEND—97 er al, by relocating ts XM—1 stelite (°XM—RolF),Call Sign 2118,from 85° WL. to 115° W.L. 18 GRANTED, subject t th following conditions: a. During the relocation, XM Radio Inc. shall not operate the communications payload on the satelite, b._ During the relocation, XM Radio Inc. shall coordinate all its Tracking, Telemetry, and Command (TT&C) operations with existing geostationary satelftes to ensure no unaeceptable iterference result from its TT&C operations. During therelocation, XM—Roll shall not cause harmful interference to any other lawfully operating in—orbit sitelite, and XM Radio Inc. must terminate operations on XMcRoll immediately upon notifcation of such interference and shall inform the Commission in writing immediately of such an event, d. During the relocation, XM Radio Inc. is required to accept interference from other lawfully operating in—orbit stelftes. e XM Radio Inc. must inform the Commission in writing that it has begun relocation of the satllte upon commencement of maneuvers to drit XM—Rollto 115° W.L. 33. IT IS FURTHER ORDERD that XM Radio Inc. 1S AUTHORIZED to operate XM—1 ("XM—Rolf®) and XM—2 (°XM—Rock) atthe 115° W.L. orbital location as non—transmiting (except for telemetry transmissions) in—orbit spares for the duration ofthe space stations‘ remaining license terms, subsequent t the successfullaunch ofXM—4 to the 115° W.L.orbital location. 34. TT IS FURTHER ORDERED that XM Radio Inc. IS AUTHORIZED to launch and operate two GSO satelites t 85° W.L. and 115° W.L. capable of operatingin the 7025—7075 MHz frequeney band (Earth—to—space) designated for SDARS feeder—link use in accordance with technical specifcations set forth in its application and consistentwith our rules, unless specifically conditioned or waived herein. 35. TT JS FURTHER ORDERED that XM Radio Inc.shall prepare the necessary information, as may be required, for submission to the International Telecommunication Union (ITU) to initte and complete the advance publiction, nternational coordination, due diligence, and notifieation process of ts space stations, in accordance with the ITU Radio Regulations. XM Radio Inc. shallbe held responsible for all costrecovery fees associated with these ITU flings. We also note that no protection from interference eaused by radio stations authorized by other Administrations is garanteed unless coordination and notifcation procedures are imely completed or, with respect toindividual Administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been n

Federal Communications Commission paos—180 completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments ofother Administrations. See 47 CFR. § 25.111(b) 36. TT 18 FURTHER ORDERED that XM Radio Inc. must provide a writeen statement o the Commission within 60 days of the date of this grant that identfies any known satelites located at, or planned to be located at, XM Radio Inc.‘s assigned orbital locations, or assigned in the vicinity of that location such that th station keeping volume oftherespective satelites might overlap, and that sates the measures that will be taken to prevent in—orbit colliions with such satelites.. This sttement should address any licensed FCC systems, or any systems applied for and under consideration by the FCC. The statement need not address every filimg with the ITU that meets these criteria, but should assess and address any systems reflected in [TU filings that are in operation or that XM Radio Inc.believes may be progressing toward launch, e.2. by the appearance of the system on a launch vehicle manifest If XM Radio Inc. clects trely on coordination with other operators to prevent in—orbit callsions, it shall provide a statement as to the manner in which such coordination will be effected. 37. TT 1S FURTHER ORDERED that XM Radio Inc.‘s request to waive Section 25.210G) of the Commission‘s rules to permit XM Radio Inc.to operate is XM—3 and XM—4 satelites with an East— West station keeping tolerance of20.10° 18 DENIED without prejudice. 38. ITIS FURTHER ORDERED thatthe cense term for XM—3 and XM4 is eight years and willbegin on the date XM Radio Inc. certfes to the Commission that each satelte has been successfully Inunched and put into operation. 39. ITIS FURTHER ORDERED that XM Radio Inc.is afforded thity days from the date of the release ofthis Order and Authorization to decline this authorizationas conditioned 40. This Orderis issued pursuant to Section 0.261 of the Commission‘s rules on delegated authoriy, 47 C.F.R. § 0.261, and is effective upon adoption. Petiions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 CFR. §§ 1.106, 1.115, may be filed within 30 days ofthe date of the release of this Order (see 47 C.F.R. § 1.4(b)(Z). FEDERAL COMMUNICATIONS COMMISSION Zzs T $ Thomas S. Tycz @ Chief Satellte Division 12


Document Created: 2005-01-26 15:20:05
Document Modified: 2005-01-26 15:20:05
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