Attachment Grant

Grant

DECISION submitted by IB, FCC

Grant

2006-12-28

This document pretains to SAT-STA-20061218-00153 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006121800153_542029

SpT— STA— 200G, 1218— 00153 12 /2¢ /06 l2222222lzzzs ’ ! ree Approved by OMB | w 12 /28/0% i« o [2e/o7 3060—0678 é ; CCC Date & Time Filed: Dec 18 2006 4:37:21:486PM |io. o 05 5_ | G&_ — File Number: SAT—STA—20061218—00153 * subject 10 attached Cassandra C. "Thomas Callsign: cordifions Depuly Chief, Satellite Divigion 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: Request for STA for Las Vegas 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: james.blitz@xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 — Attention: James S Blitz

Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20061218—00153 Special temporary authority (STA) IS GRANTED to XM Radio Inc. (XM) to operate one terrestrial repeater in Las Vegas, Nevada, at the location and with the technical parameters specified in its application and in its letter of December 22, 2006, for a period of 30 days 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. 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 shall provide the information and follow the process set forth in paragraphs 14 and 17 in 16 FCC Red 16773 (Int‘l Bur. 2001) and 16 FCC Red 16781 (Int‘l Bur. 2001), as modified by 16 FCC Red 18481 (Int‘l Bur. 2001) and 16 FCC Red 18484 (Int‘l Bur, 2001). 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. 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. SDARS repeaters shall comply with Part 17 of the Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures. 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 1.1307(b) and 1.1310 of the Commission‘s rules. SDARS repeater out—of—band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EJRP. This STA commences on December 29, 2006, and will expire 30 days thereafter, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 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 formal acceptance of the authorization as conditioned.

10. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.FR. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 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 date of the public notice indicating that this action was taken. (OCC | rin#__SNT— STD— 2o6p,1218¢—00153 Call Sign Grant Date_12. /28 /06 (or other identifier) f 2 y Term Dates ‘ aap im From IZ/Zfl/OG To: O! /28/0'7 { Ineim lureau. Approved: Em,éz 4 Wd)) * subject to0 above Cassandra C. Thomas conditi on 5 Deput'j Cwief, Satetlite Divrsion

(5) SATELLiTE RADiO December 22, 2006 Mr. John Giusti Acting Chief, International Bureau Federal Communications Commission 445 12th Street, S.W. Washington, DC 20554 Re: XM Radio Inc. —— Request for 30—Day Special Temporary Authority to Operate a Low—Power Repeater in Las Vegas File Number SAT—STA—20061218—00153 Dear Mr. Giusti: On December 18, 2006, XM Radio Inc. ("XM") filed the above—referenced application for 30—day Special Temporary Authority ("STA") to operate a temporary, low—power (800 watts) SDARS repeater in Las Vegas, NV, to replace another repeater that was recently removed from atop the Stardust Hotel, which will be razed in early 2007. The WCS Coalition filed a letter today concerning the application, questioning the duration of the repeater‘s operation and the power level at which the repeater would operate. As to the duration of this authorization, XM agrees to limit the repeater‘s operation to the same time period as XM‘s authorization to use very low power repeaters at the upcoming Consumer Electronics Show in Las Vegas,‘ i.e., from December 27, 2006 to January 11, 2007. As to the repeater‘s power level and the peak—vs.—average method of measuring power, XM disagrees with the WCS Coalition about whether SDARS repeaters are limited to operating at no more than 2 kw peak power. Nonetheless, to avoid prolonging the Commission‘s consideration of an STA request that is time—sensitive, and while disagrecing with the WCS Coalition‘s position on repeater power limits and calculations, XM herein states that for purposes of this repeater and its intended use with the CES Repeaters, the power levelof the facilities sought in this application will not exceed 2 kw peak EIRP. ‘ File Number SAT—STA—20061211—00148, granted December 19, 2006 (the "CES Repeaters"). cene wnsumgron DC 20002—2164 PH 202 380 4000 FAx pop ggo 4509 ueton9t® gou8 Wewany"M0ig c o

Mr. John Giusti December 22, 2006 Page 2 Please contact me directly if you have any questions regarding this letter. ly submitted, s‘S. B ice President, Regulatory Counsel CC: Stephen Duall, FCC International Bureau Paul Sinderbrand, Counsel for WCS Coalition

2. Contact Name: James S. Blitz Phone Number: 202—380—4000 Company: XM Satellite Radio Inc. Fax Number: 202—380—4500 Street: 1500 Eckington Place NE E—Mail: james.blitz@xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 — Attention: Relationship: Same (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number or Submission ID 4a. Is a fee submitted with this application? @ !f Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.E.R.Section 1.1114). Governmental Entit Y Noncommercial educational licensee 0 Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request ©» Change Chang Station Location O Extend Expiration Date @ Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date

8. Description (If the complete description does not appearin this box, please go to the end of the form to view it in its entirety.) XM Radio Inc. (XM) requests Special Temporary Authority (STA) to operate a low power terrestrial repeater (less than 2 kW) for thirty days in Las Vegas to replace decomissioned repeater at Stardust Hotel. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes [ 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 James S. Blitz Vice President, Regulatory Counsel 12. Please supply any need attachments. Attachment 1: STA Request Attachment 2: Attachment 3: WILLEUL 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.$. 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.

STAMP AND RETURN WILKINSON ) BARKER) KNAUE R) LLP 2300 N streer, NW suite 700 waskincton, DC 20037 TEL 202.783.4141 FAX 202.783.5851 ww w. wh ic aw. com Paut J. SiNpersRAND psinderbrand @wh klaw. co m RECEIVED — FCC December 22, 2006 DEC 22 John Giusti — 2006 Acting Chief, International Bureau Fedaral Communications Commission Bureau / Office Federal Communications Commission 445 Twelfth Street, SW Washington, DC 20554 Re: Request Of XM Radio Inc. For Special Temporary Authorization Regarding Digital Audio Radio Service Terrestrial Repeaters — File No. SAT—STA— 20061218—00153 Dear Mr. Giusti: In response to concerns expressed by the WCS Coalition regarding the request by XM Radio Inc. ("XM") for special temporary authority ("STA") to operate a new Digital Audio Radio Service terrestrial repeater in Las Vegas, NV in conjunction with the upcoming Consumer Electronics Show,‘ XM this afternoon committed to limit the duration its operations to December 27, 2006 through January 11, 2007 and to transmit at no more than 2,000 Watts peak equivalent isotropically radiated power." In light of XM‘s commitments, the WCS Coalition no longer objects to grant of the STA. Should you have any questions regarding this submission, please contact the undersigned. Respectfully submitted, Paul J. Sinderbrand Counsel to the WCS Coalition ec: Stephen Duall James S. Blitz ‘ See Letter from Paul J. Sinderbrand, Counsel to the WCS Coalition, to John Giusti, Acting Chief, International Bureau, FCC, File Nos. SAT—STA—20061218—00153 (filed Dec. 22, 2006). * See Letter from James S. Blitz, Vice President/Regulatory Counsel, XM Radio Inc, to John Giusti, Acting Chief, International Bureau, FCC, File Nos. SAT—STA~20061218—00153 (filed Dec. 22, 2006).


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Document Modified: 2019-04-20 17:22:17
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