Attachment 00153

This document pretains to SAT-STA-20020815-00153 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2002081500153_284928

                                              M
                                                                              ORIGINAL
                                                     SATELLiTE
                                                     RADiO


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Deliver Via Courier to Mellon Bank
Ms. Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

       Re:     XM Radio Inc.
               Request for Special Temporary Authority to
               Operate Digital Audio Radio Service Terrestrial Repeaters in
               Little Rock, Arkansas and Tulsa, Oklahoma
               File Nos. SAT-STA-20010712-00063; SAT-STA-20020311-00049

Dear Ms. Dortch:

        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 a 180-day Special Temporary Authority (“STA”) to operate two
additional SDARS terrestrial repeaters in its licensed band (one in Little Rock, Arkansas and one
in Tulsa, Oklahoma) pursuant to the technical parameters listed in Exhibit A.2

        On July 12,200 1, XM Radio filed a request for an STA to operate SDARS terrestrial
repeaters for commercial service in fifty-nine separate markets.3 On September 17,2001, the
International Bureau (“I,“) granted this STA request pursuant to certain conditions.4 XM Radio
has been providing commercial service pursuant to its STA.


       ‘47 C.F.R. 0 25.120.
        2XM Radio has included the following technical information for each of the repeaters it
seeks to operate pursuant to this STA: (1) geographic coordinates; (2) antenna type; (3)
orientation; (4) downtilt; (5) total EIRP; and (6) Height Above Ground Level (AGL). XM Radio
has also included antenna specification sheets for each of the antenna types listed.
      3XM Radio Inc. Request for Special Temporary Authority, File No. SAT-STA-
20010712-00063 (July 12,200l).
        4XM Radio, Inc., Application for Special Temporary Authority to Operate Satellite
Digital Audio Radio Service Complimentary Terrestrial Repeaters, Order and Authorization, DA
01-2172, at 1 18 (rel. September 17,200l) (“XMRadio STA Order”).


Ms. Marlene H. Dortch
August 13,2002
Page 2

        Terrestrial repeaters are critical to an SDARS network to overcome the effects of signal
blockage and multipath interference.’ In granting XM Radio its original STA to operate
repeaters, the IB noted that XM Radio “needs to employ terrestrial repeaters to provide adequate
service.” See XM Radio STA Order at fi 7.

        Little Rock and Tulsa were not among the markets for which XM Radio sought authority
to operate repeaters in its original STA request. XM Radio has identified areas in Little Rock
and Tulsa where it needs to supplement its satellite service with terrestrial repeaters in order to
provide adequate service. Grant of this STA will serve the public interest by ensuring that these
areas receive adequate satellite radio service. XM Radio’s competitor, Sirius, is operating
repeaters in Little Rock and Tulsa.

        XM Radio certifies that its operation of repeaters in Little Rock and Tulsa will comply
with the same conditions the Commission imposed on XM Radio in granting its original STA.
See XM Radio STA Order 7 18. One of the conditions imposed in the original STA grant was the
requirement that XM Radio pre-coordinate with Wireless Communications Service (“WCS”)
licensees the operation of any repeater affecting an operational WCS base station. Id. at 7 14.
XM Radio is not aware of any operational WCS base stations in Little Rock or Tulsa. In
addition, on July 9,2002, Phillip Barsky, System Engineering Consultant for XM Radio,
contacted representatives of the WCS licensees in Little Rock6 and Tulsa’ via telephone as well
as via electronic mail regarding this STA request. AT&T Wireless has informed XM Radio that
it does not object to grant of this STA. XM Radio has not yet received a response from the other
WCS licensees.

        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. 0
853(a).



       5See Report and Order, Memorandum Opinion and Order, and Further Notice of
Proposed Rulemaking, Establishment of Rules and Policies for the Digital Audio Radio Satellite
Service in the 23 lo-2360 MHz Frequency Band, 12 FCC Red 5754 (1997).
        6The WCS licensees in Little Rock are BellSouth (C and D blocks), AT&T Wireless (A
block), and Comcast (B block). XM Radio contacted Neale Hightower of BellSouth; William
Wiltshire of Harris, Wiltshire, and Grannis, LLP, counsel for AT&T Wireless; and Christina
Burrow of Dow Lohnes and Alberston, PLLC, counsel for Comcast.
       ‘The WCS licensees in Tulsa are AT&T Wireless (A and B block) and Metricom (C and
D block). XM Radio contacted William Wiltshire of Harris, Wiltshire, and Grannis, LLP,
counsel for AT&T Wireless, and Heidi Anderson of Akin, Gump, Strauss, Hauer, and Feld, LLP
counsel for Metricom.


Ms. Marlene H. Dortch
August 13,2002
Page 3

       XM Radio has attached hereto a check made payable to the Federal Communications
Commission for the sum of Six Hundred Seventy Dollars ($670.00).* This filing fee amount is
applicable to requests for STAs for geostationary satellites. See International and Satellite
Services Fee Filing Guide (September 2000).

       Please direct any questions regarding this matter to the undersigned.

                                                    Very truly yours,




                                                    Senior Vice President, Regulatory



cc:    William Wiltshire, Counsel for AT&T Wireless
       Christina H. Burrow, Counsel for Comcast
       Charles Featherstun, BellSouth
       Heidi Anderson, Counsel for Metricom




     *XM Radio originally tiled this STA request on July 23,2002 with a filing fee of $145.
XM Radio is refiling this request with a fee of $670.



Document Created: 2002-10-03 14:09:35
Document Modified: 2002-10-03 14:09:35

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