Attachment XM Radio - Grant mar

XM Radio - Grant mar

DECISION submitted by IB,FCC

gr

2011-03-08

This document pretains to SAT-MOD-20101216-00264 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2010121600264_874042

mrg ioi ooreitomgnprmetmm enmenremermermnmormmminremenciirammermrn yrremh m,SPFPMOD— 20\0\?.!&oc»zwL $2786 SAT—MOD—20101216—00264 1B2010003886 XM R adio Inc. XM—5 cusignS2786_ omtpaeC308_ (orothetkientiflst) it TermDates Approved by OMB Trom os/pe/i To: 12/62/8 3060—0678 | } GmNTED* |I International Bureau Date & Time Filed: Dec 16 2010 7:13:28:256PM Ae with conditions 3. Duall ‘ File Number: SAT—MOD—20101216—00264 , Sedellite Policy Branch FCC APPLICATION FOR SPACE AND EARTH STATION:MOD OR AMD — MAIN FORM FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: XM—5 (Call Sign $2786) Modification to reassign to 85.15 WL 1—8. Legal Name ofApplicant 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@siriusxm.com City: Washington State: DC Country: USA Zipcode: 20002 = Attention: James S. Blitz

XM Radio Inc. Application for Modification IBFS File No. SAT—MOD—20101216—00264 (XM—5, Call Sign $2786) The application of XM Radio Inc. (XM Radio), IBFS File No. SAT—MOD—20101216—00264, to modify its authorization to operate the Satellite Digital Audio Radio Service (SDARS) space station, XM—5 (Call Sign $2786), IS GRANTED. Accordingly, XM Radio is authorized is authorized to conduct Telemetry, Tracking, and Telecommand (TT&C) operations in the 2320— 2345 MHz and 7025—7075 MHz frequency bands necessary to relocate the XM—5 space station from its current orbital position of 85.2° W.L to the 85.15° W.L. orbital location and to maintain the XM—5 space station at that location. In addition, XM Radio is authorized operate XM—5 as an in—orbit spare at the 85.15° W.L. orbital location. All operations of the XM—5 space station must be in accordance with the technical specifications set forth in its application, Federal Communication Commission (Commission) rules, and the conditions set forth below. 1. All operations during the drift to 85.15° W.L. shall be on an unprotected and non— harmful interference basis, i.e., the XM—5 space station shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating station. In the event of any harmful interference, XM Radio shall cease operations immediately upon notification of such interference, and shall inform the Commission, in writing, immediately of such an event. 2. XM Radio is authorized to operate the XM—5 space station at the 85.15°° W.L. orbital location as a non—transmitting (except for telemetry transmissions in the 2320—2345 MHz frequency band and command transmissions in the 7025—7075 MHz frequency band) in—orbit spare for the duration of the license term of the XM—5 space station, which expires on December 2, 2018. 3. XM Radio may activate the communications payloads for the XM—5 space station in the 2320—2345 MHz (space—to—Earth) and 7025—7075 MHz (Earth—to—space) frequency bands in the event of a service outage of the XM—3 (Call Sign: S2617), XM—4 (Call Sign: S2616), FM—1, FM—2, FM—3 (Call Sign: S2105), or FM—5 (Call Sign: S2710) space stations. 4. In the event XM Radio activates the communications payload of the XM—5 space station pursuant to condition 3 above, XM Radio must notify the Commission, in writing, of such activation within three business days of the start of the activation. 5. XM Radio is granted a waiver of Section 25.210(j) of the Commission‘s rules, 47 CFR. § 25.210. Section 25.210(j) requires geostationary space stations to be "be maintained within 0.05° of their assigned orbital longitude in the east/west direction, unless specifically authorized by the Commission to operate with a different longitudinal tolerance." XM Radio proposes to operate XM—5 at the 85.15° W.L. orbital location with an east—west station—keeping tolerance of +/—0.1 degrees. XM Radio states that the only satellites with which XM—5‘s stationkeeping volume will overlap are other spacecraft in the XM Radio fleet and thus XM—5‘s operations will not adversely affect the operations of other spacecraft. XM Radio also states that allowing XM—5 to be flown in formation with the XM—3 spacecraft in an east—west station— keeping volume of +/—0.1 degree will result in fuel savings for both spacecraft, thus prolonging their service life. This waiver and the operations it permits shall terminate in the event that a satellite is launched into a location such that its station—keeping volume would overlap XM—5‘°s +/—0.1 degree station—keeping volume, but would not overlap XM—5‘s +/—0.05 degree station— keeping volume, unless XM Radio has successfully coordinated XM—5‘s physical operations with those of the other spacecraft. Further, this waiver is limited to this spacecraft, does not 1

XM Radio Inc. Application for Modification IBFS File No. SAT—MOD—20101216—00264 (XM—5, Call Sign $2786) extend to any replacement satellites, and is limited to operations at the 85.15° W.L. orbital location. 6. XM Radio Inc. is authorized to operate XM—5 at the 85.15° W.L. orbital location with the capability of operating in the 7025—7075 MHz frequency band (Earth—to—space) designated for SDARS feeder—link use, in accordance with the technical specifications set forth in IBFS File No. SAT—LOA—20090217—00025 and consistent with our rules. Prior to operating XM—5 in the 7025— 7075 MHz band at 85.15° W.L., XM Radio must successfully coordinate these operations with Fixed and Mobile service stations that are lawfully operating in this band. 7. XM Radio must operate the XM—5 space station in compliance with international coordination agreements with Canada and Mexico that limit the power flux density level from U.S.—licensed DARS space stations into Canada and Mexico. 8. Grant of this modification does not change the expiration date of XM—5‘°s authorization, which is December 2, 2018. 9. XM Radio has 30 days from the date of this grant to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. 10. 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. (64 File # GAT—MOD— 201012167002 /os/i1 Call Sign 2Z78G Grant Date o3 {or other identifier) Term Dates From_O23/06 /5__ To: 12702 1 Approved: ; #Md[/ * uoifh condifions | o Efedoen 3. Duall Chief, Setellite Pofl(d Branch

9—16. Name of Contact Representative Name: Karis A. Hastings, Esq. Phone Number: 202—637—5767 Company: Hogan Lovells US LLP Fax Number: 202—637—5910 Street: 555 Thirteenth Street, NW E—Mail: karis.hastings@hoganlovells.com City: Washington State: DC Country: USA Zipcode: 20004—1109 Attention: Relationship: CLASSIFICATION OF FILING

17. Choose the button next to the classification that applies to this filing for {N/A) b1. Application for License of New Station both 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. q3 b3. Amendment to a Pending Application @ 04. Modification of License or Registration {4 al. Earth Station b5. Assignment of License or Registration «@, a2. Space Station b6. Transfer of Control of License or Registration C b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States (N/A) b10. Other (Please specify) (N/A) b11. 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 (N/A) b12. Application for Database Entry . eJ b13. Amendment to a Pending Database Entry Application «4 b14. Modification of Database Entry 17¢. 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). g4 Governmental Entity g4 Noncommercial educational licensee «4 Other(please explain): 17d. Fee Classification BFY — Space Station Modification(Geostationary)

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: $2786 SATLOA2009021700025 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: D a. Fixed Satellite D b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite D e. Direct to Home Fixed Satellite lz'l £. Digital Audio Radio Service D g. Other (please specify) 21. STATUS: Choose the button next to the applicable status. Choose (22. If earth station applicant, check all that apply. only one. D Using U.S. licensed satellites 3 Common Carrier @ Non—Common Carrier D Using Non—U.S. licensed satellites 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these facilities: C Connected to a Public Switched Network C 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). D a. C—Band (4/6 GHz) D b. Ku—Band (12/14 GHz) E:] c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 2320 Frequency Upper: 2345 (Please specify additional frequencies in an attachment) TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. 3 a. Fixed Earth Station 4 b. Temporary—Fixed Earth Station 3 c 12/14 GHz VSAT Network £34 d. Mobile Earth Station {&, e. Geostationary Space Station «73 £. Non—Geostationary Space Station 4 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: ) Transmit/Receive «4 Transmit—Only ¢*3 Receive—Only @ N/A "For Space Station applications, select N/A."

PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an ‘X" in the box(es) next to all that apply.) E] a —— authorization to add new emission designator and related service D b —— authorization to change emission designator and related service D c —— authorization to increase EIRP and EIRP density D d —— authorization to replace antenna D e —— authorization to add antenna D f—— authorization to relocate fixed station D g —— authorization to change frequency(ies) D h — authorization to add frequency D i —— authorization to add Points of Communication (satellites & countries) D j —— authorization to change Points of Communication (satellites & countries) k —— authorization for facilities for which environmental assessment and radiation hazard reporting is required E 1 —— authorization to change orbit location D m —— authorization to perform fleet management D n —— authorization to extend milestones D o —— Other (Please specify)

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental { Yes @ No impact as defined by 47 CFR 1.13077? IfYES, 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 application.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 acronautical 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? y Yes @ No 30. Is the applicant an alien or the representative of an alien? «; Yes @ No 4 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? ; Yes @ No 3 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 4 Yes @ No 53 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?

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than o Yo &# N 3 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, 31, 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? @ Yes «y No IfYes, 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 £4 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? IfYes, attach as an exhibit, an explination of circumstances.

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling J 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, J 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?IfYes, 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 C3 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 Exhibit A beneficiaries. Also list the names and addresses of the officers and directors of the Filer.

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is @ Yes «4 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, C 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.) XM Radio Inc. hereby requests a modification of its XM—5 spacecraft license (call sign $2786), to reassign the satellite to 85.15 WL and operate it there with a +/—.1 degree east—west stationkeeping tolerance. Attachment 10

43a. Geographic Service Rule Certification C A 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. @ PB 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. y 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 operationas 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.) C Individual 3 Unincorporated Association ¢3 Partnership @ Corporation e Governmental Entity g4 Other (please specify) 45. Name of Person Signing 46. Title of Person Signing James S. 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 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1}), AND/OR FORFEITURE (U.$. 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 PRA@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. . 13


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Document Modified: 2019-04-12 09:23:57
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