Attachment grant

grant

DECISION submitted by IB,FCC

grant

2006-06-19

This document pretains to SAT-STA-20060421-00046 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006042100046_506462

! Approved by OMB I 3060-0678 4 Date & Time Filed: Apr 21 2006 5:18:36:693PM File Number: SAT-STA-2006042 1-00046 Callsign: FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY Enter a description of this application to identify it on the main menu: STA Request to Operate Lower Power Repeater at PGA Tour Events 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: joseph.titlebaum@xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 - Attention: Joseph Titlebaum 1

Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT-STA-20060421-00046 Special temporary authority (STA) IS GRANTED to XM Radio Inc. to operate one terrestrial repeater with a power level less than 2 kW EIRP at weekly PGA Tour events occurring at various locations from July through December 2006, pursuant to the technical parameters specified in the application and subject to the following conditions: 1. Any actions taken as a result of this STA are solely at the applicant’s own risk. This STA shall not prejudice the outcome of the final rules adopted by the Commission in IB Docket No. 95-91. 2. Operation of all SDARS repeaters authorized pursuant to this STA is on a non- interference basis with respect to all permanently authorized radiocommunication facilities. XM Radio Inc. shall provide the information and follow the process set forth in paragraphs 14 and 17 in 16 FCC Rcd 16773 (Int’l Bur. 2001) and 16 FCC Rcd 16781 (Int’l Bur. 2001), as modified by 16 FCC Rcd 18481 (Int’l Bur. 2001) and 16 FCC Rcd 18484 (Int’l Bur. 2001). 3. SDARS repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS subscriber’s receivers. 4. Coordination of SDARS repeater operations shall be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. 5 . SDARS repeaters shall comply with Part 17 of the Commission’s rules - Construction, Marking, and Lighting of Antenna Structures. 6 . SDARS 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 l.l307(b) and 1.1310 of the Commission’s rules. 7. SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP. 8. This STA commences on July 15,2006, and will expire 180 days thereafter, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. The authority granted is limited to events listed as Exhibit A to the STA letter request. 9. XM Radio Inc. 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 formal acceptance of the authorization as conditioned. 1

10. This action is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 0 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.1 15 of the Commission's rules, 47 C.F.R. $6 1.106, 1.1 15, may be filed within 30 days of the date of the public notice indicating that this action was taken. 2

2. Contact Name: Bruce Jacobs Phone Number: 202-663-8077 Company: Pillsbury Winthrop Shaw Pittman Fax Number: 202-663-8007 LLP Street: 2300 N Street, NW E-Mail: bruce.jacobs@pillsburylaw.com City: Washington State: DC Country: USA Zipcode: 20037 -1128 Attention: Relationship: Legal Counsel (If your application is related to an application filed with the Commission, enter either the file number or the TB Submission ID of the related ipplication. Please enter only one.) 3. Reference File Number or Submission ID 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.F.R.Section 1.1114). 3 Governmental Entity 0 Noncommercial educational licensee 3 Other(p1ease explain): lb. Fee Classification CRY - Space Station (Geostationary) i. Type Request 0 Change Station Location 0 Extend Expiration Date @ Other i. Temporary Orbit Location 7. Requested Extended Expiration Date 2

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 I n c . (XM) r e q u e s t s S p e c i a l Temporary A u t h o r i t y (STA) t o o p e r a t e one lower power t e r r e s t r i a l r e p e a t e r ( l e s s t h a n 2 kW E I R P ) a t t h e weekly PGA Tour e v e n t s o c c u r r i n g a t t h e l o c a t i o n s and d u r i n g t h e d a t e s l i s t e d i n E x h i b i t A and p u r s u a n t t o t h e t e c h n i c a l parameters l i s t e d i n Exhibit B a t t a c h e d h e r e t o . 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject Yes 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. 1. Name of Person Signing 1 I . Title of Person Signing seph M. Titlebaum General Counsel Attachment I : Narrative I Attachment 2: I Attachment 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section loo]), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). ! 3

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@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 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. f I t 1 4 i

SATELLITE RADiO April 20,2006 Via IBFS 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 a Lower Power Terrestrial Repeater at PGA Tour Events Dear Ms. Dortch: XM Radio h c . (“XM”), one of the two Satellite Digital Audio Radio Service (“SDARS” or “satellite radio”) licensees in the United States, pursuant to Section 25.120@)(2) of the Commission’s rules,’ hereby requests Special Temporary Authority (“STA”) to operate one lower power terrestrial repeater at the weekly PGA Tour event occurring at the locations and during the dates listed in Exhibit A and pursuant to the technical parameters listed in Exhibit B.’ The Bureau granted XM a similar STA request on January 4,2006, which expires on July 15, 200G.3 The lower power repeater will transmit a1 a maximum Effective Isotropically Radiated Power (“EIRP”)of 2 kW, a power level which adjacent band licensees have stated does no1 present an interference concern. Because this repeater will transmit at a maximum ETRP of 2 kW and will be limited to coverage of a golf course for a limited duration, there will be no risk of harmful interference to other communications services. Background. The Commission has recognized that terrestrial repeaters are critical to satellite radio to overcome the effects of signal blockage and multipath inte~ference.~ Consistent ’ 47 C.F.R. 9 25.120. To the extent a particular tournament involves play at more than one course, XM intends to operate the lower power repeater at each course. See XM Radio Inc.. File No. SAT-STA-20051108-00213,DA No. 06-29 (January 4,2006) (’;MMPGASTA Order”). See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in die 23 IO-2360 MHz Frequency Band, Report and Order, Memorandum Opinion and Order. clnd Footnote continued on next page

Ms. Marlene H. Dortch April 20,2006 Page 2 with this policy, the International Bureau (“Bureau”) in September 2001 granted XM an STA to operate terrestrial repeaters while the Commission concludes its rulemaking proceeding regarding final technical rules.’ In granting this STA, the Bureau noted that XM “needs to employ terrestrial repeaters to provide adequate service.” See X M Radio STA Order 7 7. Soon after grant of this STA, XM began commercial service. Since that time, satellite radio in general and XM in particular have proven to be unmitigated successes, confirming the Commission’s vision in establishing the satellite radio service. By the end of the first quarter of 2006, XM had over 6.5 million subscribers. In March 2005, XM announced the addition of a PGA Tour Network channel to its channel line-up, which airs coverage of the weekly PGA Tour event along with daily programs designed for golf enthusiasts. Moreover, at the weekly PGA Tour event, XM offers its portable, hand-held satellite radios for sale or rental to spectators. By tuning to the XM PGA Tour Network channel, spectators are able to keep track of the leader board and real-time action around the course. The portable radios also allow spectators to be aware of impending severe weather. Requestfor STA. XM requests an STA to operate one terrestrial repeater at the weekly PGA Tour event at the locations and during the dates listed in Exhibit A. XM requests this STA for a period of 180 days after grant6 or until the date on which permanent rules become effective for the operation of terrestrial repeaters, whichever occurs first. Grant of this STA will serve the public interest by ensuring that spectators at the weekly PGA Tour event receive adequate Footnote continued from previous page Further Notice of Proposed Rulemaking, 12 FCC Rcd 5754 (1997) (“DARS Order and FNPRM”). ’ XM Radio, Inc., Applicationfor Special TemporaryAuthority to Operate Satellite Digital Audio Radio Service Complimenta?y TerrestrialRepeaters, Order and Authorization, DA 01- 2172, at fl 18 (rel. September 17,2001) (‘XMRadio STA Order”). Since this time, the Bureau has granted XM five additional STAs to operate terrestrial repeaters. See XM Radio Inc. Request for Special Temporary Authority, File No. SAT-STA-20020815-00153 (filed August 13,2002; granted September 30,2002); XM Radio Inc., Request for Special Temporary Authority, File No. SAT-STA-20030409-00076 (granted June 23,2003); XM Radio Inc., Order and Authorization, DA 04-2987, File NO.SAT-STA-20031112-00371 (Deputy Chief, Satellite Division, International Bureau, September 15,2004); XM Radio Inc., Order, DA 05-1642 (June 9,2005);XMRadioInc., File No. SAT-STA-20051108-00213,DA No. 06-29 (January 4,2006). ‘XM requests authority to operate a lower power repeater only at those events listed in Exhibit A that occur within 180 days after grant of this request. XM will file a new STA request prior to the expiration of this request for authority to operate a lower power repeater at those PGA Tour events that occur beyond 180 days after grant of this request.

Ms. Marlene H. Dortch April 20,2006 Page 3 satellite radio service. While many areas on a golf course, such as fairways and greens, provide an unobstructed view of XM’s satellites, there are many other areas on a golf course where the view may be obstructed, particularly by trees and foliage. It is in these obstructed areas where spectators at a golf tournament are located so as to avoid interfering with the golfers. By operating one lower power repeater, XM will be able to mitigate the potential blockage of its satellite signal by trees and foliage, thereby providing spectators with adequate satellite radio service. Operation of one lower power repeater at each weekly PGA Tour event will not cause harmhl interference to adjacent-band Wireless Communications Service (“WCS”) licensees or any other communications ~ervice.~ First, the repeater will be deployed in a manner intended to allow for coverage primarily of the golf course. Most of the WCS applications that have been contemplated to date are for fixed services to homes and businesses. Although XM understands that there are no WCS facilities in operation today, even if there were, it is extremely unlikely that WCS equipment would be used on a golf course. Second, the EIRP of the repeater will never exceed 2 kW E N . The adjacent-band WCS licensees are permitted to operate base stations at a power level of 2 kW EIRP and therefore must be able to withstand potential interference fiom such operations. Moreover, as the Bureau acknowledged in granting XM’s original repeater STA request, the WCS licensees have confirmed that operation of terrestrial repeaters at an EIRP of 2 kW or less is not an interference concern.’ Attached as Exhibit B is the following technical information for the lower power repeater XM seeks to operate pursuant to this STA: (1) maximum E m ;(2) maximum antenna height; (3) possible antenna types; (4) range of antenna beamwidth; and (5) range of orientation. XM has also attached as Exhibit C the specification sheets for each of the possible antenna types listed. Because the terrain and foliage of each golf course will vary, XM is unable to specify precisely the type of antenna, antenna beamwidth, or antenna orientation it will deploy at each . ~ accordingly requests the flexibility to operate one lower power repeater at the golf c o ~ r s e Xh4 events listed in Exhibit A within the range of technical parameters listed in Exhibit B. ’XM previously notified Sirius Satellite Radio Inc. of a similar request, and it did not object. X M Radio STA Order 7 12 (“The comments from WCS licensees express concern about blanketing interference fiom DARS repeaters that operate with an Equivalent Isotropically Radiated Power (ERP) above 2 kW.”). For this reason, to the extent necessary, XM requests a waiver of Section 25.120(a) of the Commission’s rules which requires an STA request to include the “full particulars of the proposed operation.” 47 C.F.R.$25.120(a). The good cause for this waiver is that requiring XM to file for and receive an STA for each individual PGA Tour event will require both the Commission and XM to expend significant resources with no concomitant benefit. This is especially the case because the Bureau has acknowledged that the interference concerns of adjacent-band WCS licensees are limited to repeaters operating with an EIRP greater than 2 kW. Footnote continued on next page

Ms.Marlene H. Dortch April 20,2006 Page 4 XM certifies that its operation of the lower power repeater will comply with the same conditions the Bureau imposed on XM in granting its current STA to operate a lower power repeater at PGA Tour events. See XM Radio PGA STA Order. Specifically, XM Radio certifies the following: h y actions taken as a result of this STA are solely at XM’s own risk. This STA will not prejudice the outcome of the final rules adopted by the Commission in GEN Docket 95-91. Operation of the lower power repeater authorized pursuant to this STA is on a non-interferencebasis with respect to all permanently authorized radiocommunication facilities. XM will provide the information and follow the process set forth in paragraphs 14 and 17 in 16 FCC Rcd 16781 (Int’l Bur. 2001) as modified by 16 FCC Rcd 18484 (Int’l Bur.2001). The lower power repeater is restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS receivers. Where applicable, coordination of the lower power repeater shall be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. The lower power repeater will comply with Part 17 of the Commission’s rules regarding antenna structures. The lower power repeater will 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. The out-of-band emissions of the lower power repeater will be limited to 75+log (EIRP) dB less than the transmitter EIRF’. Footnote continued from previous page ;yMSTA Order fi 12. Such a waiver is also consistent with precedent. In granting XM’s original repeater STA,the Bureau held that XM was not required to provide the full particulars of operation for the repeaters it proposed to operate with an ELRP of 2 kW or less because these repeaters would not impact adjacent-band WCS licensees. Id. 7 9.

Ms. Marlene H. Dortch April 20,2006 Page 5 One of the conditions imposed in the original STA grant was the requirement that XM pre-coordinate with WCS licensees any repeater affecting an operational WCS base station. See XMRadio STA Order 7 14. XM is not aware of any operational WCS base station in any of the locations listed in Exhibit A. XM 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). XM has attached hereto 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. See International and Satellite Services Fee Filing Guide (September 2004). Please direct any questions regarding this matter to the undersigned. Very truly yours, n General Counsel cc: Stephen Duall, FCC

Exhibit A XM requests Special Temporary Authority to operate one lower power repeater with a maximum EIRP of 2 kW at the locations and during the dates listed below.' Event Course Location Dates John Deere Classic TPC at Deere Run Silvis, IL 7115-711 6 B.C. Open En-Joie Golf Club Endicott, NY 7117-7123 U S . Bank Championship in Brown Deer Park Golf Course Milwaukee, WI 7/24-7130 Milwaukee Buick Open Warwick Hills Golf and Country Grand Blanc, MI 713 1-816 Club The International Castle Pines Golf Club Castle Rock, CO 817-8113 PGA Championship Medinah Country Club Medinah, IL 8114-8/20 WGC-Bridgestone Lnvitational Firestone Country Club Akron, OH 8121-8/27 Reno Tahoe Open Montreux Golf and Country ClubReno, NV 812 1-8/27 Deutsche Bank Championship TPC of Boston Norton, MA 8128-914 84 Lumber Classic Nemacolin Woodlands Resort & Farmington, PA 911 1-9/17 Spa (Mystic Rock Course) Valero Texas Open Lacantera Golf Club San Antonio, TX 9118-9/24 Southern Farm Bureau Classic Annandale Golf Club Madison, MS 9125- 1011 Chrysler Classic of Forest Oaks Country Club Greensboro, NC 1012-1018 Greensboro 1 To the extent a particular tournament involves play at more than one course, XM intends to operate the lower power repeater at each course.

Las Vegas Invitational TPC at Summerlin; Las Vegas, NV 10/9-10115 TPC at the Canyons Funai Classic Walt Disney World Resort Lake Buena Vista, FL 10/16- (Magnolia Course, Palm Course) 10/22 Chrysler Championship Westin Innisbrook Resort Palm Harbour, FL 10/23- (Copperhead Course) 10/29 The Tour Championship East Lake Golf Club Atlanta, GA 10/30-11/ 5 presented by Coca-Cola Tommy Bahama Challenge Grayhawk Golf Club Scottsdale, AZ 11/6-11/7 Merrill Lynch Shootout Tiburon Golf Club Naples, FL 11/10- 11/12 Wendy's 3-Tour Challenge Lake Las Vegas Resort Henderson, NV 11/13- 11/14 Bard Capital Challenge TPC at The Canyons Las Vegas, NV 11/18- 11/19 Merrill Lynch Skins Game Trilogy Golf Club; La Quinta, CA 11125- PGA West Stadium Course 11/26 PGA Tour Qualifying PGA West Stadium Course; La Quinta, California 11/29-12/4 Tournament Jack Nicklaus Tournament Course Target World Challenge Shenvood Country Club Thousand Oaks, CA 12/11- presented by Countrywide 12/17

Exhibit B Maximum EIRP: 2 kW Maximum antenna height: 25 meters Possible antenna types: Omni (DAB—2350) or Panel (DAB—2304) Range of antenna beamwidth: 360, 160, 120, 90, 60, or 45 Range of orientation: any point from 0 to 359

ommmediz se o Appendix C Antenna Specification Sheets

@ TIL-TEK / TA-2350-DAB 0 mnid irectional 2330 2345 MHz- The TA-2350-DAB is a medium power vertically polarized omnidirectional antenna specifically designed for Digital Audio Broadcast transmission. The antenna consists of a phased corporately fed broadband dipole array which is configured to provide electrical beam downtilt and null fill. The antenna elements are at DC ground to aid in lightning protection. Electrical Specifications Mechanical Specifications Frequency Range: 2330-2345 MHz Length 70 in. (1778 mm) Gain: (dB1) 10 Diameter: 2.25 in. (57 mm) VSWR 1.4:l m a . Welght (Incl. Clamps): 15 Ib. (6.8 kg) Polarization: Unear Vertical Rated Wlnd Velocity: 125 mph (200 k m h ) Power Rating: 200 Watts IVMWJ., 800 Walls psak Hor. Thrust at rated wlnd: 31 ib. (14 kg) H-Plane Beamwidth: 360 degrees Mountlng Pipe: 1.75 - 4.0 in. (44.5 - 102 mm) E-Phne Beamwidth: 8 degrees Electrlcal Downtilt: 2 degrees Cross Pol. Dlscrimlnatlon: 20 dB min. Null FI11: -20 dB (1* Null) Materials Impedance: 50 ohms nominal Termination: 7/16 DIN female Radiating Elements: Nickel plated copper array Radome: Gray UV slabillzed fiberglass lypkal MM bnd V.Iua8. IFw daDL. antscr faaciy] Base: lnidited Aluminum Clamps: HDG steel €-Plane TIL-TEK Antennas www.tilIek.com (613) 258-5926 Form 20W-2350-DAB Rw.l.1 s ~ ~ . ~ ~ l o d l m g * ~ l ~

TIL-TEK / TA-2304-%DAB Adjustable Sector - 2330 2345 MHz The TA-2304-2-DAB is a medium power vertically polarized Sectoral antenna specifically designed for Digital Audio Broadcast transmission. The antenna is designed to provide field adjustable azimuth beamwidths of 45, 60, 90, 120 or 160 degrees by use of side panels. The antenna elements are at DC ground to aid in lightning protection. Electrical Specifications Mechanical Specifications Frequency Range: 2330-2345MHz Length: 40 In. (1016 mm) Galn: (dBI) 18 Q 45' 17 Q 60' 15 Q 90' Width: 6.5 in. (165 mm) 14 Q 120' 13 Q 1600 Depth: 3.5 In. (89 mm) VSWR: 1.31 m a . Weight (Incl. Clamps): 10 Ib. (4.5 kg) FronUBack Ratio: 15 dB QP 1800 2 35' Rated Wlnd Veloclty: 125 mph (200 kmh) Polahtion: Linear Vertical Her. Thrust at rated wind 150 Ib. (68 kg) Power RaUng: 200 Watts a v l . ~ . . 800 Watts w k - - MounUng Pipe: 0.75 3.0 in. ( I 9 76 mm) H-Plane Beamwidth(-3 dad): Field Adjustable 45.60.Q0,120.160 degrees Materials €Plane Beamwidth(-3 dBd): 7.5 degrees Cross Pol. DIscrimlnaUon: 15 dB Radlatlng Elements: Tin plated copper on PCB Impedance: 50 ohms nominal Reflector: Irridiled aluminum Termlnatlon: 7/16 DIN female Radome: Gray UV stabilized ASA Typiml Mid band W.(Fw dadla. m u51f a W ) Clamps: HDG steel H-Plane E-Plane TIL-TEK Antennas w.lillek.com (613) 258-5928 Form 2000-2304-2-DAB Rwl.1 SpuukaLklnl rubi.cc lo ChMge wimou now


Document Created: 2006-06-19 11:58:41
Document Modified: 2006-06-19 11:58:41
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