Attachment Sirius XM Radio - Gr

Sirius XM Radio - Gr

DECISION submitted by IB, FCC

Grant

2016-02-25

This document pretains to SAT-MOD-20151211-00081 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2015121100081_1128291

File # _5 PT— moD—2015 12 ])— @0#\ s2r10 SAT—MOD—20151211—00081 182015002405 Sirius XM Radio Inc. FM—5 Call Sign SZIIO_ GrantDate_O2/25/16 (or otheridentifier) TermDates 62 . 1 Approved by OMB From oz{zsfié xo. conditions 3060—0678 Date & Time Filed: Dec 11 2015 10:46:02:120AM |_ uO OFE File Number: SAT—MOD—20151211—00081 with condifions edpén. Dual! Chie§ Satellite Policg 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: Modification Application to Operate the FM—5 Satellite (Call Sign $2710) at 86.15 W.L. 1—8. Legal Name ofApplicant Name: Sirius XM Radio Inc. 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

Sirius XM Radio Inc. Application for Modification IBFS File No. SAT—MOD—20151211—00081 Call Sign $2710 The application of Sirius XM Radio Inc. (Sirius XM), IBFS File No. SAT—MOD—20151211—00081, to modify its authorization to operate the Satellite Digital Audio Radio Service (SDARS) space station, FM— 5 (Call Sign $2710), IS GRANTED. Accordingly, Sirius XM is authorized to provide SDARS via FM—5 at the 86.15° W.L. orbital location, instead ofits currently authorized orbital location at 96.0° W.L., in the 2320.0—2332.5 MHz (space—to—Earth), and 7050.5—7072.5 MHz (Earth—to—space) frequency bands. In addition, Sirius XM is authorized to conduct Telemetry, Tracking, and Command (TT&C) operations necessary to relocate the FM—5 space station to, and maintain it at the 86.15° W.L. orbital location using the following center frequencies: 2320.5 MHz, 2321.0 MHz, 2331.5 MHz, and 2332.0 MHz (space—to— Earth); and 7052.0 MHz and 7056.0 MHz (Earth—to—space). Sirius XM is also authorized to provide SDARS via FM—5 in the 2320.0—2332.5 MHz and 7050.5—7072.5 MHz frequency bands during the drift to 86.15° W.L. Additionally, the license term for FM—5, which expires on August 25, 2017, is extended for an additional eight years, through August 25, 2025. All operations of the FM—5 space station must be in accordance with the technical specifications set forth in its application, the Federal Communication Commission (Commission) rules, and the conditions set forth below. 1. Sirius XM must prepare the necessary information, as may be required, for submission to the International Telecommunication Union (ITU) to initiate and complete the advance publication, international coordination, due diligence, and notification process of this space station, in accordance with the ITU Radio Regulations. Sirius XM shall be held responsible for all cost—recovery fees associated with ITU filings. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed or, with respect to individual administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions as required to effect coordination of the frequency assignments of other administrations. See 47 C.F.R. § 25.111(b). 2. Sirius XM must operate FM—5 at 86.15° W.L. with an east—west longitudinal station—keeping tolerance of +/—0.05 degrees. 3. Sirius XM must operate the FM—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. 4. Sirius XM‘s operation of the FM—5 space station is subject to the conditions in its current authorization, SAT—LOA—20060901—00096. 5. Sirius XM is afforded 30 days from the date ofthis grant to decline this authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. 6. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 of the Commission‘s rules or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the public notice indicating that this action was taken. Tilo # _SAT—MOQ— — I Call Sign $2—7I0 Grant Date OZZZSZ!Q (or otheridentific Term Dates (§6€ n From 0Z/f25/tv 1,;_conditions: * with conditions 2 icX ;‘:KD\X}\”‘

9—16. Name of Contact Representative Name: Jennifer D. Hindin Phone Number: 202—719—4975 Company: Wiley Rein LLP Fax Number: 202—719—7049 Street: 1776 K Street, NW E—Mail: Jhindin@wileyrein.com City: Washington State: DC Country: USA Zipcode: 20006— 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. {3 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 q33 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 ofIntent 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 £4 b13. Amendment to a Pending Database Entry Application «34 b14. Modification of Database Entry

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). { Governmental Entity C Noncommercial educational licensee «34 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: $2710 SATLOA2006090100096

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 IE {. 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 C Common Carrier € Non—Common Carrier D Using Non—U.S. licensed satellites 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Seo. 214 filings. Choose one. Are these factlities: 3 Connected to a Public Switched Network 3 Not connected to a Public Switched Network G 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: 2332.5 (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 3 b. Temporary—Fixed Earth Station 4 o. 12/14 GHz VSAT Network g34 d. Mobile Earth Station & e. Geostationary Space Station o f Non—Geostationary Space Station {3 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: «4 Transmit/Receive g3 Transmit—Only g*% 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 newemission designator andrelated service D b — authorization to change emission designator andrelated 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) E] j —— authorization to change Points of Communication (satellites & countries) k —— authorizationfor 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 E 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 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission‘s rules, 47 CER. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study must accompany all applications for newtransmitting 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? 3 Ye @ No 30. Is the applicant an alien or the representative of analien? 3 Yes @ No 3 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? y Yes @ No g N/A 32. Is the applicant a corporation of which more than one—fifth of the capitalstock is owned of record or voted by ; Yes & No £, N/A aliens or their representatives or by a foreign government or representative thereofor by any corporation organized under the laws of a foreign country?

33. Is the applicant a corporation directly or indirectly controlledby any other corporation of which more than «3 Yes @ No £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, andthe 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? _ y Yes & No If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. Technical Narrative 36. Has the applicant or any partyto this applicationor 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 cireumstances.

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling «4 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, g*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 explanationof circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending @ Yes «4 No matter referred to inthe 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 ofthe 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 intendto use a non—U.S. licensed satellite to provide service in the UnitedStates? IfYes, £34 Yes @ No answer 42b and attach an exhibit providing the information specified in 47 C.ER. 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 appearin this box, please go to the end of the form to view it in its entirety.) Sirius XM Radio Inc. (‘Sirius XM‘) seeks authority to operate the FM—5 satellite (call sign $2710) at the 86.15 W.L. orbital location rather than at 96 W.L. Sirius XM also seeks consent to continue transmitting and receiving on all authorized frequencies during the drift. Finally, Sirius XM seeks to renew its license for an additional eight year Narrative & Exhibits 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.FR. 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. 3 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. Part25 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 claimto 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 aggregationlimit 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 ¢iy Unincorporated Association «3 Partnership G Corporation qy Governmental Entity g7y Other (please specify) 45. Name of Person Signing 46. Title of Person Signing James S. Blitz VP, 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@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 maynot conduct or sponsor this collection, unless it displays a currently valid OMB control numberor 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 LAW104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507. 13

43. Description. (Summarize the nature of the application and the services to be provided). Sirius XM Radio Inc. (‘Sirius XM‘) seeks authority to operate the FM—5 satellite (call sign $2710) at the 86.15 W.L. orbital location rather than at %6 W.L. Sirius XM also seeks consent to continue transmitting and receiving on all authorized frequencies during the drift. Finally, Sirius XM seeks to renew its license for an additional eight year term, through August 25, 2025. 14


Document Created: 2016-02-26 15:29:31
Document Modified: 2016-02-26 15:29:31
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