Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2008-02-14

This document pretains to SAT-AMD-20080129-00031 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2008012900031_622064

                                                            I          , . $ i d -
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Date & Time Filed: Jan 29 2008 7:28:40:586PM                                  . :. :         :   ~   ;   ~   ~   ~   ~   ~   ~   :
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File Number: SAT-AMD-20080129-0003 1              SL'b,ed -b

    FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM                                           FCC Use Only

                       FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY




          Name:        XM Radio Inc.                   Phone Number:                                         202-380-4000
          DBA                                          Fax Number:                                           202-380-4981
          Name:
          Street:      1500 Eckington Place, NE        E-Mail:                                               james.blitz@xmradio.com


          City:        Washington                      State:                                                 DC
          Country:      USA                            Zipcode:                                              20002       -

          Attention:   James S Blitz




1


                                     X M Radio Inc.
                               Application for Modification

       IBFS File Nos. SAT-MOD-20070912-00124, SAT-AMD-20071113-00157,
                 SAT-AMD-20080129-00031 (XM-1, Call Sign S2118)

        The application of XM Radio Inc (XM Radio) to modify its-authorizationto
operate the Satellite Digital Audio Radio Service (SDARS) satellite, XM-1 (Call Sign
S2118), and to co-locate the satellite with the XM-2 (Call Sign S2119) and the XM-3
(Call Sign S2617) satellites at the 85" W.L. orbital location IS GRANTED. Accordingly,
XM Radio is authorized to operate the X M - 1 satellite as an in-orbit spare at the 85.150"
W.L. orbital location, subject to the Commission's rules, the terms of its authorization, as
amended, the technical specifications set forth in its applications, and the conditions set
forth below.

         1.     X M Radio is authorized to operate the XM-1 satellite at the 85.150" W.L.
orbital location as a non-transmitting (except for telemetry transmissions in the 2332.5-
2345 MHz frequency band) in-orbit spare for the duration of the license term of the X M -
1 satellite. Pursuant to its initial authorization, the license term for the XM-1 satellite
expires on May 3 1,2009.

        2.      XM Radio is authorized to operate XM-1 at the 85.150" W.L. orbital
location with an East-West station-keeping tolerance of k0.05 degrees, pursuant to
Section 25.210Cj) of the Commission's rules, 47 C.F.R. 8 25.210Cj). XM Radio is
permitted to operate XM-1 with a smaller station-keeping tolerance of ~ 0 . 0 3 3
                                                                                degrees in
order to facilitate the safe-flight profile of its satellites.

       3.     XM Radio may activate the communications payloads of XM-1 in the
2332.5-2345 MHz frequency band in the event of a service outage of the XM-3 (Call
Sign S2617) or XM-4 (Call Sign S2616) satellites.

        4.      In the event XM Radio activates the communications payloads of the X M -
1 satellite pursuant to condition 3 above, X M Radio must notify the Commission, in
writing, of such activation within three business days of the start of the activation.

        5.      X M Radio must operate the XM-1 satellite in compliance with
international coordination agreements with Canada and Mexico that limit the power flux
density level from U.S.-licensed DARS satellites into Canada and Mexico.

       6.      XM Radio has 30 days from the date of this grant to decline this
authorization as conditioned.

       7.     This grant is issued pursuant to 47 C.F.RAO.26 1, the Commission's rules
on delegated authority, and




                                         I


                    Name:         Karis A. Hastings                      Phone Number:                       202-637-5767
                    Company: Hogan & Hartson LLP                         Fax Number:                         202-637-5910
                    Street:       555 Thirteenth Street, N W             E-Mail:                             kahastingsahhlaw.corn
    I


                                  Columbia Square
                    City:         Washington                             State:                               DC
                   Country:        USA                                   Zipcode:                            20004-
                   Attention:                                            Relationship:                        Legal Counsel

I
        CLASSIFICATION OF FILING
        17. Choose the button next to the
        Aassification that applies to this filing for   (N/A) b 1. Application for License of New Station
        30th questions a. and b. Choose only one        (N/A) b2. Application for Registration of New Domestic Receive-Only Station
        for 17a and only one for 17b.                   @ b3. Amendment to a Pending Application

          0 a l . Earth Station                          0 b4. Modification of License or Registration
                                                        b5. Assignment of License or Registration
              a2. Space Station                         b6. Transfer of Control of License or Registration
                                                        0 b7. Notification of Minor Modification
                                                         (N/A) b8. Application for License of New Receive-Only Station Using Non-U.S. Licensed
                                                        Satellite
                                                         @/A) b9. Letter of Intent to Use Non-U.S. Licensed Satellite to Provide Service in the United
                                                        States
                                                         @/A) b10. Other (Please specify)
                                                           (N/A) bl 1. Application for Earth Station to Access a Non-U.S.satellite Not Currently Authorized
                                                        to Provide the Proposed Service in the Proposed Frequencies in the United States
                                                           @/A) b 12. Application for Database Entry
                                                         0 b 13. Amendment to a Pending Database Entry Application
                                                        0 b14. Modification of Database Entry

2


      17c. 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.F.R.Section 1.1114).
    0 Governmental Entity Q            Noncommercial educational licensee
    0 Otherblease explain):




    18. If this filing is in reference to an      19. If this filing is an amendment to a pending application enter both fields, if this filing is a
    existing station, enter:                      modification please enter only the file number:
    (a) Call sign of station:                     (a) Date pending application was filed:              (b) File number:
        S2118
                                                  09/12/2007                                           SATMOD2007091200124




3


TYPE OF SERVICE
                                                                                                ~~




20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type@)of service(s): Select all that apply:

    0a. Fixed Satellite
    0b. Mobile Satellite
    0c. Radiodetermination Satellite
    0d. Earth Exploration Satellite
    0e. Direct to Home Fixed Satellite
        f Digital Audio Radio Service
       g. Other (please speciQ)


2 1. STATUS: Choose the button next to the applicable status. Choose   122. If earth station applicant, check all that apply.
mly one.                                                                     Using U S . licensed satellites
0 Common Carrier @ Non-Common Carrier                                       Using Non-U.S. licensed satellites

!3. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these
:acilities:
0 Connected to a Public Switched Network 0 Not connected to a Public Switched Network @ N/A

    3 a. C-Band (4/6 GHz) 0b. Ku-Band (12/14 GHz)
    a c.Other (Please specify upper and lower fiequencies in MHz.)




4


TYPE OF STATION
    25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one.
    0 a. Fixed Earth Station
    0 b. Temporary-Fixed Earth Station
    0 c. 12/14 GHz VSAT Network
    0 d. Mobile Earth Station
    @   e. Geostationary Space Station
    0 f. Non-Geostationary Space Station
    0 g. Other (please specify)

    !6. TYPE OF EARTH STATION FACILITY:
    0 TransmitReceive 0 Transmit-Only               0 Receive-Only     @   N/A
    'For Space Station applications, select N/A."




5


PURPOSE OF MODIFICATION

    27. The purpose of this proposed modification is to: (Place an 'X' in the box(es) next to all that apply.)


            a -- authorization to add new emission designator and related service
        0b -- authorization to change emission designator and related service
        0c -- authorization to increase EIRP and EIRP density
            d -- authorization to replace antenna
        0e -- authorization to add antenna
            f -- authorization to relocate fixed station
            g -- authorization to change frequency(ies)
             h -- authorization to add frequency
        0i -- authorization to add Points of Communication (satellites &amp; countries)
        0j -- authorization to change Points of Communication (satellites &amp; countries)
         k -- authorization for facilities for which environmental assessment and
radiation hazard reporting is required
        01 -- authorization to change orbit location
        0m     -- authorization to   perform fleet management
            n -- authorization to extend milestones
            o -- Other (Please specify)




6


ENVIRONMENTAL POLICY

    28. Would a Commission grant of any proposal in this application or amendment have a significant environmental
    impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of
                                                                                                                           Q   Yes   e No
    the Commission’s rules, 47 C.F.R. 1.1308 and 1.1311, as an exhibit to this app1ication.A Radiation Hazard Study
    must accompany all applications for new transmitting facilities, major modifications, or major amendments.



ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or
aeronautical fixed radio station services are not required to respond to Items 30-34.




L


    3 1. Is the applicant a corporation organized under the laws of any foreign government?                                Q   Yes   Q   No   @   NIA




    32. Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by    0 Yes     Q   No       N/A
    aliens or their representatives or by a foreign government or representative thereof or by any corporation organized
    under the laws of a foreign country?




7


    33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than          Q   Yes   Q   No    N/A
    one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign
    government or representative thereof or by any corporation organized under the laws of a foreign country?



    34. If any answer to questions 29,30,3 1,32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or
    foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote.



BASIC QUALIFICATIONS

35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules?                                      0 Yes      @   No
If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents.




36. Has the applicant or any party to this application or amendment had any FCC station authorization or license                  0 Yes      @   No
revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or
construction permit denied by the Commission? If Yes, attach as an exhibit, an explination of circumstances.




8


    37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling   Q   Yes   @   No
    the applicant ever been convicted of a felony by any state or federal court? IfYes, attach as an exhibit, an
    explination of circumstances.




    38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant,       0 Yes     @   No
    guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or
    indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other
    means or unfair methods of competition?If Yes, attach as an exhibit, an explanation of circumstances




39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending      Q   Yes   @   No
matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances.




40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names,
address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer’s
voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of
beneficiaries. Also list the names and addresses of the officers and directors of the Filer.




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41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is             @   Yes     Q   No
subject 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 &quot;party to the applicationtkquot; for these purposes.

                                                                                                           ~~      ~~~~~~~




42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes,          0 Yes       @   No
answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No,
proceed to question 43.




42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has
coordinated or is in the process of coordinating the space station?



43. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this
box, please go to the end of the form to view it in its entirety.)
     See Attachment 1.




Attachment 1




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43a. Geographic Service Rule Certification
                                                                                                                              QA
By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25.

By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements.

                                                                                                                              Q C
By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic
coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not
feasible as a technical matter to do so, or that, while technically feasible, such services would require so many
compromises in satellite design and operation as to make it economically unreasonable. A narrative description
and technical analysis demonstrating this claim are attached.




CERTIFICATION
The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the
United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this
application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit
in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application.
The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are
true, complete and correct to the best of his or her knowledge and belief, and are made in good faith.




11


44. Applicant is a (an): (Choose the button next to applicable response.)

 Q    Individual
 0 Unincorporated Association
 Q    Partnership
      Corporation
 Q    Governmental Entity
 Q    Other (please specify)




     45. Name of Person Signing                                             46. Title of Person Signing
     James Blitz                                                            Vice President, Regulatory Counsel



            WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT
                     (U.S. Code, Title 18, Section lOOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION
                  (U.S. Code, Title 47, Section 3 12(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).




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Document Created: 2008-02-14 16:18:28
Document Modified: 2008-02-14 16:18:28

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