Attachment grant

grant

DECISION submitted by IB,FCC

grant

2007-09-28

This document pretains to SAT-STA-20070608-00079 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2007060800079_596070

Approved by OMB 3060-0678 Date & Time Filed: Jun 8 2007 2:30:32:950PM File Number: SAT-STA-20070608-00079 Callsign: 5 2\I\ q FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY I APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Request for Special Temporary Authority to Drift XM-2 to the 85.2WL Orbital Location 1. Applicant Name: XM Radio Inc. Phone Number: 202-380-4000 DBA Name: Fax Number: 202-380-4981 Street: 1500 Eckington Place, NE E-Mail: james.blitz @xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 - Attention: James S. Blitz 1

XM Radio Inc. IBFS File No. SAT-STA-20070608-00079 The request of XM Radio Inc. (XM Radio) for special temporary authority (STA) IS GRANTED for a period of 60 days, effective October 12,2007. Accordingly, XM Radio is authorized to operate the Telemetry, Tracking, and Command (TT&C) payloads of the XM-2 satellite (Call Sign S2119) during the drift from the 115.1" W.L. orbital location to the 85.2" W.L. orbital location, subject to the technical specifications set forth in its application, the Commission's rules, and the following conditions: 1. XM Radio shall coordinate all drift orbit TT&C operations with other potentially affected in-orbit operators. 2. During relocation of the XM-2 satellite, operations via the XM-2 shall be on a non-harmful interference basis, i.e., XM Radio shall not cause interference to, and shall not claim protection from interference caused to it by, any other lawfully operating satellites. 3. In the event that any harmful interference is caused as a result of XM Radio's operations during the relocation of the XM-2 satellite, XM Radio shall cease operations immediately upon notification of such interference and shall inform the Commission in writing immediately of such an event. 1

2. Contact Name: Bruce D. Jacobs Phone Number: 202-663-8000 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 - Attention: Relationship: Legal Counsel (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? If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1 114). 0 Governmental Entity 0 Noncommercial educational licensee Q Other(p1ease explain): 4b. Fee Classification CRY - Space Station (Geostationary) 5. Type Request Change Station Location 0 Extend Expiration Date Q Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 85.2WL 2

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 requests Special Temporary Authority (STA) for up to sixty days to drift XM-2 to the 85.2WL orbital location. 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, Q No 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 0 Name of Person Signing 11. Title of Person Signing James S. Blitz VP, Regulatory Counsel Attachment 1: Attachment A Attachment 2: Attachment 3: WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section lOOl), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (US.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. 4

Attachment A XM Radio Inc. ("XM") hereby requests immediate Special Temporary Authority ("STA") for up to sixty days to begin drifting XM-2 from the 115.1"W.L. orbital location to the 85.2"W.L. orbital location.' Grant of this STA will serve the public interest because it will permit greater continuity of service to XM subscribers in the event of a service outage for XM-3. Background. XM currently holds licenses to operate four satellites for the provision of Satellite Digital Audio Radio Service. Each of XM's satellites is authorized to use S-band frequencies for service links (2332.5-2345 MHz) and X-band frequencies for feeder links (7025-7075 MHz). At present, XM provides service through XM-3 at 85.1"W.L and XM-4 at 115"W.L.2 XM-1 and XM-2 serve as in-orbit spares and are both currently located at 11 5 . 1 " ~ ~ . L Pursuant .~ to STA granted August 15,2006, File No. SAT-STA-20060501-00051, XM- 1 is temporarily located at 115.1"W.L. and soon will begin drifting to its authorized orbital location at 85.2"WL4 Temporary Service Outage of XM-3. On Monday, May 2 1,2007, the XM-3 satellite suffered a temporary service outage during the process of uploading operational information to the redundant satellite control processor ("SCP") following a Sunday night XM intends to submit soon a modification application to operate XM-2 as a spare at the 85.2"W.L. orbital location. SeeXMRadio Inc., 20 FCC Rcd 1620 (2005). See id.; File No. SAT-STA-20070223-00039. As XM has disclosed previously, both XM-1 and XM-2 suffer from premature solar array degradation common to all Boeing spacecraft with solar array concentrators (i.e., the first five launched Boeing 702 spacecraft and the first launched Boeing geo-mobile (GEM) spacecraft). See XM Radio Inc., Annual Report (June 30,2004). See File No. SAT-STA-20070223-00039 (May 1,2007 ) (extending until August 6, 2007, XM's authority to operate XM-1 at 115.1"W.L. and to subsequently drift XM-1 to 85.2"W.L.).

autonomous switch from the primary to the redundant SCP. Some XM customers experienced service disruptions or degraded service from both XM-3 and the repeater network, which receives and repeats only the signal from the XM-3 satellite. Full signal strength was restored the following morning, May 22, 2007. XM-3 is presently stable and providing full service to XM customers. However, XM seeks to locate both the XM-1 and XM-2 satellites near XM-3 as soon as possible to optimize XM's ability to provide service to its customers through its satellite and repeater network in the event of another XM-3 outage. XM will operate only XM-2's command and telemetry system during the satellite's relocation to 85.2"W.L. and will not operate the satellite's communications payload during the drift or at the 85.2"W.L. orbital location, unless and until XM is so XM will coordinate its TT&C operations with other authorized by the Commis~ion.~ operators to ensure that no harmful interference results to other operators as XM-2 drifts to 85.2"W.L. XM will also coordinate with other space station operators to the extent XM-2 is expected to pass through their station keeping volumes as it drifts to 85.2"W.L. XM is unaware of any satellites that are operational or planned to be deployed at or near the 85"W.L. orbital location whose station-keeping box will overlap with XM-2 at 85.2"W.L. Schedule S Submission. In this application, XM seeks only to relocate XM-2 to 85.2"W.L., which will have no impact on the existing interference environment. Accordingly, the information requested in Schedule S is not relevant. Moreover, the FCC 5 XM will soon file an STA request to conduct telemetry, tracking, and control ("TT&C") operations for XM-2 from one of its earth stations (call sign E040204). 2

routinely grants STAs for the relocation of a satellite without the submission of a Schedule S! Section 304 Waiver. In accordance with Section 304 of the Communications Act of 1934, as amended, 47 U.S.C. $ 304, XM hereby waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise. 6 See, e.g., SAT-STA-20050321-00068 (March 21,2005); SAT-STA-20061213-00149 (December 13,2006); SAT-STA-20060330-00034 (March 30,2006). To the extent necessary, for the reasons stated herein, XM requests a waiver of the Commission’s rules if those rules require submission of a Schedule S with an application for STA to begin drifting to another orbital location. See 47 C.F.R. $ 1.3; see also WAIT Radio v. FCC, 4 18 F.2d 1153 (D.C. Cir. 1969).

Technical Certification I, Jeffrey S. Snyder, Senior Vice President, Space Systems, of XM Radio Inc., certify under penalty of perjury that: I am the technically qualified person with overall responsibility for preparation of the technical information contained in this application for Special Temporary Authority. I am familiar with the requirements of Part 25 of the Commission’s rules, and the information contained in the application is true and correct to the best of my knowledge and belief. Jeffrey S. Snyder Dated: June 8,2007


Document Created: 2007-09-28 15:09:23
Document Modified: 2007-09-28 15:09:23
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