Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2008-02-14

This document pretains to SAT-AMD-20080129-00033 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD2008012900033_622054

Date & Time Filed: Jan 29 2008 7:48:42:810PM File Number: SAT-AMD-20080 129-00033 Sebject k~ I FCC APPLICATION FOR SPACE AND EARTH STATI0N:MOD OR AMD - MAIN FORM I FCC Use Only FCC 3 12 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Further Amendment to XM-3 modification application 1-8. Legal Name of Applicant Name: XM Radio Inc. Phone Number: 202-380-4000 DBA Fax Number: 202-380-4981 Name: Street: 1500 Eckington Place, NE E-Mail: j ames.blitz@xmradio.corn 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-20070911-00125, SAT-AMD-20071113-00156, SAT-AMD-20080129-00033 (XM-3, Call Sign S2617) The application of XM Radio Inc. (XM Radio) to modify its authorization to operate the Satellite Digital Audio Radio Service (SDARS) satellite, XM-3 (Call Sign S2617), and to co-locate the satellite with the XM-1 (Call Sign S2118) and the XM-2 (Call Sign S2119) satellites at the 85" W.L. orbital location IS GRANTED. Accordingly, X M Radio is authorized to operate XM-3 at the 85.083" W.L. orbital location, subject to the Comrnission'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 XM-3 at the 85.083" W.L. orbital location with an East-West station-keeping tolerance of k0.05 degrees, pursuant to Section 25.210(j) of the Commission's rules, 47 C.F.R. 8 25.210Q). XM Radio is permitted to operate XM-3 with a smaller station-keeping tolerance of a0.033 degrees in order to facilitate the safe-flight profile of its satellites. 2. XM Radio has 30 days from the date of this grant to decline this authorization as conditioned. 3. This grant is issued pursuant to 47 C.F.R. 0 0.261, the Commission's rules on delegated authority, and is effective upon release.

9- 16. Name of Contact Representative Name: Karis A. Hastings Phone Number: 202-637-5767 Company: Hogan & Hartson LLP Fax Number: 202-637-591 0 Street: 555 Thirteenth Street, NW E-Mail: kahastings@hhlaw.corn 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 classification that applies to this filing for (N/A) b 1. Application for License of New Station both questions a. and b. Choose only one @/A) b2. Application for Registration of New Domestic Receive-Only Station for 17a and only one for 17b. b3. Amendment to a Pending Application Q a1. 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) @/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 b 14. Modification of Database Entry 2

17c. 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). 0 Governmental Entity Q Noncommercial educational licensee 0 Otherblease explain): 17d. Fee Classification CWY - Space Station Amendment(Geostati0nary) 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: S2617 09/12/2007 SATMOD2007091200125 3

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: a. Fixed Satellite 0b. Mobile Satellite 0c. Radiodetermination Satellite 0d. Earth Exploration Satellite c] e. Direct to Home Fixed Satellite f. Digital Audio Radio Service 0g. Other (please speciQ) !1. STATUS: Choose the button next to the applicable status. Choose 22. If earth station applicant, check all that apply. mly one. n Using U.S. licensed satellites 0 Common Carrier @ Non-Common Carrier I 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 Q Not connected to a Public Switched Network @ N/A 24. FREQUENCY BAND(S): Place an 'X' in the box(es) next to all applicable frequency band(s). 7 a. C-Band (4/6 GHz) 0 b. Ku-Band (1244 GHz) a c.Other (Please speciQ upper and lower frequencies in MHz.) Frequency Lower: 2332.5 Frequency Upper: 2345 (Please specify additional frequencies in an attachment) 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 Q g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY Q TransmidReceive Transmit-Only Q 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.) 0a -- 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 c] d -- authorization to replace antenna 0e -- authorization to add antenna 0f -- authorization to relocate fixed station 0g -- authorization to change frequency(ies) h -- authorization to add frequency i -- authorization to add Points of Communication (satellites & countries 0j -- authorization to change Points of Communication (satellites & countries) 0k -- authorization for facilities for which environmental assessment and radiation hazard reporting is required 01 authorization to change orbit location -- m -- 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 0 Yes e No impact as defined by 47 CFR 1.1307? If YES, submit the statement as required by Sections 1.1308 and 1.1311 of 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. 29. Is the applicant a foreign government or the representative of any foreign government? 0 Yes 4 No 30. Is the applicant an alien or the representative of an alien? Q Yes Q No 4 N/A 3 1. Is the applicant a corporation organized under the laws of any foreign government? Q Yes Q No @ N/A 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 0 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 0 Yes 0 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 andor 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? Q 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 0 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. 9

4 1. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes 0 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 "party to the application" for these purposes. 42a. Does the applicant intend to use a non-U.S. licensed satellite to provide service in the United States? IfYes, Q 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 10

~ ~ ~ ~~~~~- 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. I 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. By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic oc 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 l 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 I (U.S. Code, Title 18, Section 100l), AND/OR REVOCATION OF ANY STATION AUTHORIZATION I I (U.S. Code, Title 47, Section 3 12(a)( l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 12

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@fcc.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. 13


Document Created: 2008-02-14 16:33:26
Document Modified: 2008-02-14 16:33:26
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