Attachment XM Radio - Grant Sep

XM Radio - Grant Sep

DECISION submitted by IB,FCC

g

2010-09-15

This document pretains to SAT-STA-20020311-00049 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2002031100049_840090

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                                                  March 11, 2002

                                                                             File #_ SBT—SiD—206 260311 00649
        Deliver Via Courier to Mellon Bank
        Mr. William F. Caton                                                 Call Sign                 Grant Date_O93/5/10 _
        Acting Secretary                                                     (or other identifier)

        Federal Communications Commission                         ‘      |                              formibdi2s 2:;“; ons
        445 12th Street, S.W.                                         k | Fom_o§/sho_                          PH! ocms
        Washington, D.C. 20554                                                                   4%7/Auatl
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                  Re:     XM Radio Inc.                                                              Chief, Satelite. Q)rl(‘\tj Branch
                         File No. SAT—STA—20010712—00063
                         Request for Extension of Special Temporary Authority to
                         Operate Satellite Digital Audio Radio Service Terrestrial Repeaters

        Dear Mr. Caton:

                  XM Radio Inc. ("XM Radio"), one of the two Satellite Digital Audio Radio Service
        ("SDARS") licensees in the United States, pursuant to Section 25.120 of the Commission‘s
        rules,‘ hereby requests an extension of its above—captioned Special Temporary Authority
        ("STA") to operate SDARS terrestrial repeaters in its licensed band pursuant to the same
        technical parameters and conditions ofits original STA." XM Radio requests that it be allowed
        to operate pursuant to this STA until the date on which permanent rules for the operation of
        SDARS terrestrial repeaters become effective.

                On July 12, 2001, XM Radio filed a request for an STA to operate SDARS terrestrial
        repeaters for commercial service." Included in this STA request were a list of the markets in
        which XM Radio sought to operate terrestrial repeaters pursuant to an STA. See id. at Exhibit A.
        XM Radio also included the following technical information for each of the repeaters it sought to
        operate with an EIRP greater than 2 kW: (1) geographic coordinates; (2) antenna type;




                  ‘47 C.F.R. § 25.120.
                See XM Radio Inc., Order and Authorization, File No. SAT—STA—20010712—00063
        (Sept. 17, 2001) ("XM Radio STA Order").
              °XM Radio Inc. Request for Special Temporary Authority, File No. SAT—STA—
        20010712—00063 (July 12, 2001) ("XM Radio STA Request").



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                                      Attachment to Grant
                  Application of XM Radio Inc. for Special Temporary Authority
 IBFS File Nos. SAT—STA—20020311—00049, SAT—STA—20030325—00056, SAT—STA—20031219—00373,
   SAT—STA—20050307—00056, SAT—STA—20070706—00095, SAT—STA—20070706—00096, SAT—STA—
20080303—00056, SAT—STA—20080701—00139, SAT—STA—20081002—00196, SAT—STA—20081218—00234

Special temporary authority (STA) is granted to XM Radio Inc. (XM), for a period of 180 days, to
continue to operate previously authorized terrestrial repeaters for use in the 2320—2345 MHz frequency
band, as set forth in the above—referenced applications. This authorization is granted according to the
technical parameters specified in these applications and is subject to the conditions below.
       1. Any actions taken as a result of these STAs are solely at the applicant‘s own risk. These
STAs shall not prejudice the outcome of the final rules adopted by the Commission in IB Docket No. 95—
91.
        2. SDARS terrestrial repeaters are restricted to the simultaneous retransmission of the complete
programming, and only that programming, transmitted by the SDARS licensee‘s satellite(s) directly to the
SDARS licensee‘s subscribers‘ receivers, and may not be used to distribute any information not also
transmitted to all subscribers‘ receivers.
        3. Coordination of the operations of the terrestrial repeaters shall be completed with all affected
Administrations prior to operation, in accordance with all applicable international agreements including
those with Canada and Mexico.
       4. The terrestrial repeaters shall comply with Part 17 of the Commission‘s rules — Construction,
Marking, and Lighting of Antenna Structures.
        5. The terrestrial repeaters shall comply with Part 1 of the Commission‘s rules, Subpart I —
Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for
human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of
the Commission‘s rules.
        6. Any SDARS terrestrial repeater operating at a power level greater than 2—watt average EIRP
is required to attenuate its out—of—band emissions below the transmitter power P by a factor of not less
than 90 + 10 log (P) dB in a 1—megahertz bandwidth outside the 2320—2345 MHz band, where P is
average transmitter output power in watts. Any SDARS terrestrial repeater operating at a power level
equal to or less than, 2—watt average EIRP is requiredto attenuate its out—of—band emissions below the
transmitter power P by a factor of not less than 75 + 10 log (P) dB in a 1—megahertz bandwidth outside the
2320—2345 MHz band, where P is average transmitter output power in watts.
        7.   These STAs expire after 180 days, or on the date that permanent authority to operate the
covered repeater operations becomes effective, whichever occurs first.

        8. XM is granted 30 days from the date of the release of this authorization to decline the
authorization as conditioned. Failure to respond within that period will constitute formalacceptance of
the authorization as conditioned.
        9.      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.




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                                                               Chief, Sabellite RBlicg Branch


Mr. William F. Caton
March 11, 2002
Page 2


(3) orientation; (4) downtilt; (5) total EIRP; and (6) Height Above Ground Level (AGL). XM
Radio also included antenna specification sheets for each of the antenna types listed.*

        On September 17, 2001, the International Bureau granted this STA request pursuant to
certain conditions. See XM Radio STA Order at «18. XM Radio has been providing commercial
service pursuant to its STA and is presently serving thousands of customers. This STA expires
on the earlier of March 18, 2002 or the date on which permanent rules governing repeater
operations become effective. Because it is unlikely that permanent rules governing repeater
operations will become effective prior to March 18, 2002, XM Radio hereby requests an
extension of its STA pursuant to the same technical parameters and conditions of its original
STA. XM Radio requests that it be allowed to operate pursuant to this STA until the date on
which permanent rules for the operation of terrestrial repeaters become effective.

        XM Radio hereby certifies that no party to this application is subject to a denial of
Federal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. §
853(a). Attached hereto is a check made payable to the Federal Communications Commission
for the sum of One Hundred Forty—five Dollars ($145.00) to cover the requisite filing fee.

       Please direct any questions regarding this matter to the undersigned.

                                                     Very truly yours,

                                                                           e
                                         ez          tRXTo y
                                                     Lon C. Levin
                                                     Senior Vice President, Regulatory




         *In November 2001, XM Radio also provided this information for its repeaters operating
at less than 2 kW EIRP pursuant to the STA. See Letter from Bruce D. Jacobs, Counsel for XM
Radio, to Ms. Magalie Roman Salas, FCC (Nov. 13, 2001).


READ INSTRUCTIONS CAREFULLY                                                                                                                              Approved by OMB
BEFORE PROCEEDING                                                                                                                                          PP           Y
                                                             FEDERAL COMMUNICATIONS COMMISSION                                                                   | 11600¢
                                                                    REMITTANCE ADVICE                                                                Page No —_ of——
                     .                                                                                                            SPECIAL USE
 (1) LOCKBOX #
                                                                                                                                  FCC USE ONLY
358160
                                                               SECTION A — PAYER INFORMATION
     2)   PAYERNAME (if paying by credit card, enter name exactly as it appears on your card)                                  (3) TOTAL AMOUNT PAID (U.S. Dollars and cents)
Shaw Pittman                                                                                                                   $145 .00
 (4) STREET ADDRESS LINE NO. 1
2300 N Street,                      NW
     (5) STREET ADDRESS LINE NO. 2

 (6) CITY                                                                                                                     (7) STATE       S@) ZIP CODE
Washington                                                                                                                    DC                 0037
     (9) DAYTIME TELEPHONE NUMBER (include area code)                    {10) COUNTRY CODE (if not in U.S.A.)
 (202)           663—8000
                           FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED
(11) PAYER (FRN)                                       (12) PAYER (TIN)
0004 —9727—82                                                            53—0233137
                             IF PAYER NAME AND THE APPLICANT NAME ARE DIFFERENT, COMPLETE SECTION B
                                   IF MORE THAN ONE APPLICANT, USE CONTINUATION SHEETS (FORM 159—C)
(13) APPLICANT NAME
XM Radio Inc.
(14) STREET ADDRESS LINE NO. 1
1500 Eckington Place
(15) STREET ADDRESS LINE NO. 2

(16) CITY                                                                                                                      (18 STATE gg) ZIP CODE
Washington                                                                                                                    D                 0002              —
(19)       DAYTIME TELEPHONE NUMBER (include area code)                  (20) COUNTRY CODE (ifnot in U.S.A.)
 (202)           380—4000
                           FCC REGISTRATION NUMBER (FRN) AND TAX IDENTIFICATION NUMBER (TIN) REQUIRED
(21) APPLICANT (FRN)                                                     (22) APPLICANT (TIN)
0005—0500—59                                                             52—1805102
                 COMPLETE SECTION C FOR EACH SERVICE, IF MORE BOXES ARE NEEDED, USE CONTINUATION SHEET
(23A) CALL SIGN/OTHER ID                                                     (24A) PAYMENT TYPE CODE                  (25A) QUANTITY
                                                         —                   CGB                                      1
(26A) FEE DUE FOR (PTC)                              (27A) TOTAL FEE                                 FCC USE ONLY
                                   $145,.00                                       $145, 00
(28A) FCC CODE 1                                         (29A) FCC CODE 2

(23B) CALL SIGN/OTHER ID                                                     (24B) PAYMENT TYPE CODE                  (25B) QUANTITY

(26B) FEE DUE FOR (PTC)                              (278B) TOTAL FEE                                FCC USE ONLY

(28B) FCC CODE 1                                         (29B) FCC CODE 2

                                                                   SECTION D — CERTIFICATION
(30) CERTIFICATION STATEMENT
I,                                                                          , certify under penalty of perjury that the foregoing and supporting information is true and correct to

the best of my knowledge, information and belief.              SIGNATURE                                                             DATE

                                                    SECTION E — CREDIT CARD PAYMENT INFORMATION
(n                                MASTERCARD/VISA ACCOUNT NUMBER:                                                                                          EXPIRATION

 [©] masrescaro                     11L L L L L [ OO L [                                                                                                      1 1 1 1 1
 D                       I hereby authorize the FCC to charge my VISA or MASTERCARD for the service(s)/authorization herein described.
          VISA

                         SIGNATURE                                                                                        DATE

                                            SEE PUBLIC BURDEN ON REVERSE                                           FCC FORM 159               FEBRUARY 2000 (REVISED)



Document Created: 2019-04-20 23:24:58
Document Modified: 2019-04-20 23:24:58

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