Attachment XM Radio - Grant Sep

XM Radio - Grant Sep

DECISION submitted by IB,FCC

G

2010-09-15

This document pretains to SAT-STA-20050307-00056 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2005030700056_840096

File # SPT—Sin— 2005 6307— 00056 SAT—STA—20050307—00056 182005000497 AM Regio Inc. Call Sign Grant Date 0305/'0 (or other identifier) BimBim. see Approved by OMB | eranteot | rom 08 /S/o ; _ _conditions: 566014678 Date & Time Filed: Mar 72005 4:23:15:810PM nternat l B | Approved: M%g)w File Number: SAT—STA—20050307—00056 4# with condrlions StepheA 3. Duall . Callsign: Chnief, Satellite Policy Branc‘ FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Extension of September 2004 Repeater STA 1. Applicant Name: XM Radio Inc. Phone Number: 202—380—4000 DBA Name: Fax Number: 202—380—4500 Street: 1500 Eckington Place, NE E—Mail: bill.bailey@xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 — Attention: Bill Bailey

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—0009%6, 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 required to 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. ——~|m.4 Seeabevwé_ ___ . : ll Si j 03/15/10 see + ae | cofisfo condrtion$ Dual\ 3. % S*g 4oh condvioons Chqe? Satellite ‘%hc5 Branch

2. Contact Name: Bruce D. Jacobs Phone Number: 202—663—8077 Company: Shaw Pittman LLP Fax Number: 202—663—8007 Street: 2300 N Street, NW E—Mail: bruce.jacobs@shawpittman.com City: Washington State: DC Country: USA Zipcode: 20037 —1128 Contact Relationship: Legal Counsel Title: (If your applicationis related to an application filed with the Commission, enter the file number below.) 3. Reference File Number SATSTA2003111200371 4a. Is a fee submitted with this application? & IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.ER.Section 1.1114). g¢74 Governmental Entity 3 Noncommercial educational licensee £3 Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request g¢iy Change Station Location «4 Extend Expiration Date & Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date NA

8. Description (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 an extension of its Special Temporary Authority granted on September 15, 2004 to operate forty—nine (49) Satellite Digital Audio Radio Service (SDARS) terrestrial repeaters pursuant to the same technical parameters and conditions. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @, Yes £74 No 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. 10. Name of Person Signing 11. Title of Person Signing William Bailey Senior Vice President 12. Please supply any need attachments. Attachment 1: Request Attachment 2: Ownership Attachment 3: 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).

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 jboley@fee.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.

Ownership Information XM Radio Inc. ("XM Radio") is a wholly owned subsidiary of XM Satellite Radio Inc. ("XMSR") which is a wholly owned subsidiary of XM Satellite Radio Holdings Inc. ("*XMSRH"). The directors and officers of XM Radio, XMSR, and XMSRH are as follows: M Directors Name Position Gary M. Parsons Chairman of the Board of Directors Hugh Panero President, Chief Executive Officer, and Member, Board of Directors Nathaniel A. Davis Member, Board of Directors Thomas J. Donohue Member, Board of Directors Thomas G. Elliott Member, Board of Directors George Haywood Member, Board of Directors Chester A. Huber Member, Board of Directors Jarl Mohn Member, Board of Directors Pierce J. Roberts, Jr. Member, Board of Directors Jack Shaw Member, Board of Directors IL. Officers Name Position Gary M. Parsons Chairman of the Board of Directors Hugh Panero President and Chief Executive Officer Steve Cook Executive Vice President of Sales and Marketing Joseph J. Euteneuer Executive Vice President and Chief Financial Officer Stell Patsiokas Executive Vice President, Technology and Engineering Joseph Titlebaum Executive Vice President, General Counsel and Secretary Eric Logan Toppenberg Executive Vice President, Programming William Bailey Senior Vice President, Regulatory and Government Affairs III. Shareholders Listed below are some of XMSRH‘s more significant shareholders as of December 31, 2004. Name Percentage of Voting Shares Held U.S. Trust 5.0% 114 West 47"" Street, 14Floor New York, NY 10036—1502

American Honda Motor Co. 3.5% 1919 Torrance Blvd. Torrance, CA .90501—2746 TCW Asset Management Co. 14.2% 865 South Figueroa St. Los Angeles, CA 90017 Fidelity Management and Research Co. 11.7% 82 Devonshire St. Boston, MA 02109 Wellington Management Co., LLP 7.0% 75 State Street Boston, MA 02109—1809

March 7, 2005 Via International Bureau Filing System Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12"" Street, S.W. ‘ Washington, D.C. 20554 Re: XM Radio Inc. Request to Extend Special Temporary Authority to Operate Satellite Digital Audio Radio Service Terrestrial Repeaters File No. SAT—STA—20031112—00371 Dear Ms. Dortch: Pursuant to Section 25.120 of the Commission‘s Rules,‘ XM Radio Inc. ("XM Radio") hereby requests an extension of its Special Temporary Authority ("STA") granted on September 15, 2004 to operate forty—nine (49) Satellite Digital Audio Radio Service ("SDARS") terrestrial repeaters pursuant to the same technical parameters and conditions." 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. As XM Radio‘s extension request is timely, XM Radio understands that, pursuant to Section 1.62 of the Commission‘s Rules, its STA will continue in effect without further action by the Commission until such time as the Commission shall make a final determination with respect to its request." On November 26, 2003, XM Radio filed a request for STA to operate 49 SDARS terrestrial repeaters for commercial service.* Included in this STA request was a list of the markets in which XM Radio sought to operate these terrestrial repeaters. XM Radio also included the following technical information for each of the repeaters it sought to operate pursuant to this STA: (1) number of sectors; (2) antenna type; (3) EIRP; (4) antenna beamwidth; 47 CER. §25.120. > See XM Radio Inc., Order and Authorization, DA 04—2987, File No. SAT—STA—20031112— . 00371 (Deputy Chief, Satellite Division, International Bureau, September 15, 2004) ("S74 runmuns Grant‘). 3 See A7T CER. §1.62. * XM Radio Inc. Request for Special Temporary Authority, File No. SAT—STA—20031112—00371 (November 26, 2003) ("XMRadio STA Request").

Ms. Marlene H. Dortch March 7, 2005 Page 2 (5) orientation; (6) geographic coordinates; (7) antenna height; and (8) antenna specification & sheets. On September 15, 2004, the International Bureau granted this STA request pursuant to certain conditions. See ST4 Grant § 10. XM Radio has been providing commercial service pursuant to this STA and is presently serving over three million customers. This STA expires on the earlier of March 14, 2005 or the date on which permanent rules governing SDARS terrestrial repeaters become effective. Because it is unlikely that permanent rules governing repeater operations will become effective prior to March 14, 2005, XM Radio hereby requests an extension of its STA pursuant to the same technical parameters and conditions contained in the STA Grant. 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 EFederal benefits pursuant to Section 5301 of the Anti—Drug Abuse Act of 1988, 21 U.S.C. § 853(a). XM Radio is filing concutrrently with Mellon Bank a check made payable to the Federal Communications Commission for the sum of Seven Hundred Thirty—Five Dollars ($735.00). This filing fee amount is applicable to requests for STAs for geostationary ("GSO") satellites. iSee International and Satellite Services Fee Filing Guide (August 2004). Please direct any questions regarding this matter to the undersigned. Very truly yours, Is/William Bailey William Bailey Senior Vice President, Regulatory and Government Affairs co: Stephen Duall, FCC Document #: 1463267 v.1


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Document Modified: 2019-04-13 23:42:45
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