Attachment XM Radio - Grant Feb

XM Radio - Grant Feb

DECISION submitted by IB,FCC

Grant

2013-02-21

This document pretains to SAT-MOD-20121107-00192 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2012110700192_986956

*+LICENSE TERM, ESTENSION_ ONuCYC ++# File# SBT—Mmob—20i21107— 00192 SAT—MOD—20121107—00192 182012002564 $2617 XM Radio LLC XM—3 CallSign 8267 GrantDate_O2/21 /13 (or other identifier) . McE . 1 Jas} Term Dates ay Approved by OMB | From o04/20/13 To: 20/2 1 _ 3060—0678 CGRANTED* ingien Date & Time Filed: Nov 72012 12:23:13:666PM éi:jfflomffimu‘ Approved. tm i : SAT—MOD—20121107—00192 x sul conortioas in it i file Nuiber: SA 7 SAT—REPL— 20040212— ocorg + Satellite folicy Brand SAT— MOD— 2010 1216 €0263 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: Renewal of License for XM—3, call sign $2617 1—8. Legal Name ofApplicant Name: XM Radio LLC Phone Number: 202—380—1383 DBA Fax Number: 202—380—4981 Name: Street: 1221 Avenue of the Americas E—Mail: james.blitz@siriusxm.com 36th Floor City: New York State: NY Country: USA Zipcode: 10020 — Attention: James S Blitz

9—16. Name of Contact Representative Name: Karis Hastings Phone Number: 202—599—0975 Company: SatCom Law LLC Fax Number: Street: 1317 F Street, N.W. E—Mail: karis@satcomlaw.com Suite 400 City: Washington State: DC Country: USA Zipcode: 20004— Attention: Relationship: Legal Counsel 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. £34 b3. Amendment to a Pending Application @ b4. Modification of License or Registration {£34 al. Earth Station b5. Assignment of License or Registration & a2. Space Station b6. Transfer of Control of License or Registration «4 b7. Notification of Minor Modification (N/A) b8. Application for License ofNew 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) b1 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 (N/A) b12. Application for Database Entry £34 b13. Amendment to a Pending Database Entry Application C3 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). gy Governmental Entity g3 Noncommercial educational licensee {G 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: $2617 SATMOD2010121600263

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 L‘] b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite D e. Direct to Home Fixed Satellite E £. 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. [‘_‘] Using U.S. licensed satellites «74 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 g*3 Not connected to a Public Switched Network @ NA 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) E] b. Ku—Band (12/14 GHz) E c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 2332.5 Frequency Upper: 2345 (Please specify additional frequencies in an attachment)

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class ofstation that applies. Choose only one. y a Fixed Earth Station ¢3 b. Temporary—Fixed Earth Station { c 12/14 GHz VSAT Network ol d. Mobile Earth Station {, e. Geostationary Space Station g3 . Non—Geostationary Space Station {) & Other (please specify) 26. TYPE OF EARTH STATION FACILITY: C Transmit/Receive g3 Transmit—Only g*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.) D a —— authorization to add new em15510n designator and related service [:I 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 £—— 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 D 1 —— authorization to change orbit location D m —— authorization to perform fleet management D n —— authorization to extend milestones E o —— Other (Please specify)

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental «4 Yes @ No impact as defined by 47 CFR 1.1307? 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 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? Yes @ No 30. Is the applicant an alien or the representative of an alien? ; Yes @ No ;3 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? «3 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 gy 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 [ Yes & No q4 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? «4 Yes @ 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 «y 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, 4 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 @ Yes GNO matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. Exhibit A 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 B 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 y 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, {4 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 LLC requests renewal of the license for its XM—3 spacecraft, call sign §$2617, for an additional eight—year term, through April 20, 2021. Narrative 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. @ B 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. o 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.) ¢3 Individual g4 Unincorporated Association C» Partnership C Corporation g34 Governmental Entity {, 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.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 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

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Application by L tA t T 4 XM Radio LLC File No. SAT—MOD— Call Sign $2617 For Renewal of the XM—3 License APPLICATION OF XM RADIO LLC XM Radio LLC ("XM Radio"), a satellite digital audio radio service ("SDARS") licensee, hereby applies to renew its license for the XM—3 spacecraft, call sign $2617, for an additional eight—year term through April 20, 2021. A completed FCC Form 312 is attached, and XM Radio incorporates by reference the technical information previously provided regarding operations of XM—3.‘ Granting the requested authority will serve the public interest by permitting continued operation of the XM—3 satellite in XM Radio‘s SDARS network. XM—3 commenced operations at the nominal 85° W.L. orbital location on April 20, 2005, with an initial eight—year license term." At that location, XM—3 replaced XM—1 as a primary operational satellite in the XM Radio SDARS fleet. XM—3 is assigned to the 85.15° W.L. orbital location, where it is being flown with an east—west stationkeeping tolerance of +/— 0.1 degrees in formation with the XM—5 in—orbit spare spacecraft." XM—3 serves as one of XM Radio‘s two primary operational spacecraft for delivering SDARS programming. The spacecraft remains capable of fulfilling that function throughout the term requested in this license renewal application. Specifically, XM Radio has ‘ The most recent technical information submitted relating to XM—3 is found in File No. SAT— MOD—20101216—00263, grant—stamped on March 8, 2011 ("XM—3 License"). * See XM Radio Inc., File No. SAT—RPL—20040212—00019, Order and Authorization, 20 FCC Red 1620 (Sat. Div. 2005). 3 See XM—3 License, Attachment to Grant at 1.

calculated that there is ample fuel onboard the XM—3 spacecraft for the spacecraft to continue providing reliable service through April 2021. In making these calculations, XM Radio has assumed that XM—3 will remain at the nominal 85° W.L. orbital location* and that standard stationkeeping maneuvers will be performed to maintain the spacecraft within its existing east— west and north—south stationkeeping tolerances." XM Radio proposes no change in XM—3‘s operations, which will continue to conform to the technical parameters on file with the Commission. Nor does the proposed extension require any alteration in the orbital debris mitigation plans regarding the spacecraft. XM Radio has confirmed that at the conclusion of the requested renewal period, the spacecraft will have sufficient fuel to be placed into disposal orbit at the altitude previously submitted, which complies with the IADC standard. Renewing the license for XM—3 will serve the public interest by allowing the spacecraft to continue to provide primary satellite radio service. In addition, granting the license renewal will promote the efficient use of orbital resources. * Because XM Radio does not currently contemplate relocating XM—3 to another orbital location, XM Radio has not made an allowance for the additional fuel that would be expended during a relocation. In the event a future change in plans involves relocating XM—3 to another orbital location, the impact of such relocation on the fuel end—of—life for the spacecraft will depend on the parameters of the relocation, including the distance and speed of the move. ° Thus, the calculations do not assume that the spacecraft will be placed into inclined orbit during the requested renewal period.

For the foregoing reasons, XM Radio hereby respectfully requests that the Commission renew the license for XM—3 through April 20, 2021. Respectfully submitted, XM Radio LLC James Of Counsel James S. Blitz Karis A. Hastings Vice President, Regulatory Counsel SatCom Law LLC XM Radio LLC 1317 F Street, NW., Suite 400 1500 Eckington Place, N.E. Washington, D.C. 20004 Washington, D.C. 20002 (202) 599—0975 (202) 380—4000 Dated: November 7, 2012

Technical Certification I, Bridget Neville, Vice President and General Manager for Satellite Engineering and Operations of Sirius XM Radio Inc., hereby certify under penalty of perjury that: I am the technically qualified person with overall responsibility for preparation of the technical information contained in the foregoing application. I am familiar with the technical requirements of Part 25 of the Commission‘s rules, and the information contained in the application is complete and accurate to the best of my knowledge, information and belief. /s/ Bridget Neville Dated: November 7, 2012

Sirius XM Radio Inc. : 1500 Eckington Place NE 4 Washington, DC 20002 1 T:202—380—1383 L1 F:202—380—49081 sirlusxm.com February 7, 2013 By Electronic Filing Ms. Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: XM Radio LLC Application to Renew XM—3 Satellite License File No. SAT—MOD—20121107—00192, Call Sign $2617 Dear Ms. Dortch: XM Radio LLC ("XM Radio"), a subsidiary of Sirius XM Radio Inc., hereby provides supplemental information requested by the Commission staff in connection with the above— referenced application to renew the XM—3 space station license. By this letter, XM Radio confirms that this satellite‘s overall health is good and there are no material issues with the spacecraft‘s operation or functionality. There is no single point of failure in the satellite‘s design, all satellite subsystems are functioning nominally, including the power system and solar panels, and there is no problem with the satellite‘s telemetry or tracking and command ("TT&C") links, including the back—up TT&C links. Please let me know if you have any further questions regarding this matter. Respectfully submitted, /s/ Bridget Neville Vice President & General Manager Satellite Engineering & Operations ce: Stephen Duall Jay Whaley


Document Created: 2013-02-21 15:20:38
Document Modified: 2013-02-21 15:20:38
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