Attachment grant

grant

DECISION submitted by IB,FCC

grant

2007-09-14

This document pretains to SAT-STA-20070628-00093 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2007062800093_592909

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Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT-STA-20070628-00093 Special temporary authority (STA) IS GRANTED to XM Radio Inc. (XM) to operate one terrestrial repeater with a power level of 1068 watts EIRP in Las Vegas, NV, for a period of 180 days pursuant to the technical parameters specified in Exhibit A to its 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. 95-9 1. The issue concerning EIRP raised by the WCS Coalition will be addressed in that proceeding. Operations prior to such action will be subject to condition 2 below. 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 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 1.1307(b) and 1.13 10 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 will expire in 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first.

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? If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section I . 1114). 0 Governmental Entity Q Noncommercial educational licensee Q Other(p1ease explain): 4b. Fee Classification CRY - Space Station (Geostationary) 5. Type Request 0 Change Station Location 0 Extend Expiration Date @ Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date I I 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 Radio Inc. (XM) requests special temporary authority (STA) to operate a modified substitute low power terrestrial repeater (less than 2 kW EIRP) for one hundred eighty (180) days in Las Vegas, Nevada pursuant to the technical parameters listed in Exhibit A. 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, 0 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. 10. Name of Person Signing James S. Blitz I11. Title of Person Signing Vice President, Regulatory Counsel Attachment 1: STA Request 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 (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. 4

June 28,2007 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 180-Day Special Temporary Authority to Operate A Modified Substitute Low Power Repeater in Las Vegas, Nevada Dear Ms, Dortch: Pursuant to Section 25.120(b)(2) of the Commission’s rules,’ XM Radio Inc. (“XM”), a Satellite Digital Audio Radio Service (“SDARS”) licensee, hereby requests 180-Day Special Temporary Authority (“STA”) to operate in its licensed frequency band (2332.5-2345 MHz) a modified substitute low-power repeater (1068 watts average EIRP) in Las Vegas, Nevada, pursuant to the technical parameters listed in Exhibit A? On May 25,2007, the International Bureau granted XM’s request for a 180-Day STA to operate a substitute low-power repeater in Las Vegas that was identical to this request in all respects but When the repeater site was being constructed, it became clear that it would operate more effectively if the antenna were mounted 18 feet lower than in the application the Bureau had authorized. Thus the only aspect of this request different than the existing STA is the antenna height above ground level (,‘AGL”) - which is 338 feet in this request rather than the 356 feet previously authorized. Other than this decrease in the antenna height, all other technical parameters remain the same as the existing STA. As before, XM will operate this substitute low-power repeater in place of another repeater (LVXOO2A) that XM was required to remove fkom atop the Stardust Hotel, which was razed on March 13,2007. Grant of the STA will serve the public interest by restoring repeater service to 47 C.F.R. 6 25.120@)(2). At the same time it is filing this request, XM is also filing a request to operate the same repeater under a 30-Day Special Temporary Authority pursuant to Section 25.120@)(4) of the Commission’s rules. See XM Radio Inc., File No. SAT-STA-20070330-00059 (filed March 30,2007; granted May 25,2007); Public Notice, 2007 FCC Lexis 4126 (rel. June 1,2007). 1 1500 ECKINGTON PLACE, NE WASHINGTON DC 20002-2164 P 202-380-4000 IF 202-380-4500 1 XMRADIO.COM

Ms. Marlene H. Dortch June 28,2007 Page 2 residents of Las Vegas, thereby ensuring that they continue to receive high quality satellite radio service.4 This request is distinct fiom the 30-Day STA the Bureau granted to XM on December 28,2006.’ That authorization allowed XM to operate a very low power repeater in place of the repeater formerly atop the Stardust Hotel, for the limited purpose of providing signal coverage for the 2007 Consumer Electronics Show. XM discontinued operations on that low power repeater on January 12,2007 following the conclusion of the CES convention. The Commission has recognized that SDARS operators require terrestrial repeaters to provide high-quality service.nationwide.6 Consistent with this policy, in September 2001,the Bureau granted XM an STA to operate a nationwide network of terrestrial repeaters, including the Las Vegas repeater that XM was forced to remove (L,VXO02A).7 In the years since, the Bureau has granted X M additional STAs to operate its terrestrial repeaters, pending issuance of final rules governing the deployment and use of repeaters.’ The Bureau previously granted Sinus Satellite Radio Inc. a 30-Day STA to operate a substitute medium power repeater in place of a repeater that was located atop the Stardust Hotel. See Sirius Satellite Radio Inc., File No. SAT-STA-20061107-00133 (filed November 7,2006; granted November 15,2006); Public Notice, Report No. SAT-00403, DA 06-2322 (November 17,2006). See XM Radio Inc., File No. SAT-STA-2006121 8-00 153 (filed December 18,2006; granted December 28,2006); Public Notice, Report No. SAT-00410, DA 07-19 (January 5,2007). See Establishment of Rules and Policies for the Digital Audio Radio Satellite Sewice in the 231 0-2360 MHz Frequency Band, Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, 12 FCC Rcd 5754,5770 (7 37) (1997) (“DARS Order and FNPRA-I”). See XM Radio, Inc., Application for Special TemporaryAuthority to Operate Satellite Digital Audio Radio Service Complimentary Terrestrial Repeaters, Order and Authorization, 16 FCC Rcd. 16781 7 18 (2001) (“XMSTA Order”). See, e.g.,XM Radio, Inc.;Requestfor Special TemporaryAuthority to Operate Additional Satellite Digital Audio Radio Service Terrestrial Repeaters, Order and Authorization, 19 FCC Rcd. 18140 (2004) (granting XM an STA in File No. SAT-STA-20031 1 12-00371, effective Sept. 15,2004); Public Notice, 2002 FCC Lexis 5670 (rel. Oct. 30,2002) (granting XM an STA in File No. SAT-STA-20020815-00153, effective Sept. 30,2002); Public Notice, 2003 FCC Lexis 4803 (rel. Aug. 29,2002) (granting XM an STA in File No. SAT- STA-20030409-00076, effective June 26, 2003). XM has filed applications to renew its STAs, and those renewal applications are pending before the Commission.

Ms. Marlene H. Dortch June 28,2007 Page 3 Extraordinary circumstances - in particular the need to reduce the height of this repeater’s antenna, which replaces a repeater removed from the Stardust hotel prior to the hotel’s demolition -justify this STA r e q u e ~ t .As ~ the Bureau re.cognized when it granted the original XM STA in 200 1, XM’s terrestrial repeater network enables it to provide “high quality radio signals to listeners in areas that have limited radio service,” continuous high-quality radio coverage for individuals on long-distance trips, and “[dliverse program formats, including educational, ethnic and religious programming.”’0 In this case, grant of the STA will serve the public interest by restoring seamless service to residents of Las Vegas, thereby ensuring that they continue to receive the diverse, high-quality service they have come to expect. Technical Informationfor Substitute Low Power Repeater. Attached as Exhibit A is the following technical information pertaining to the substitute low-power repeater: (1) antenna type; (2) antenna orientation; (3) average EIRP; (4) height AGL; (5) antenna downtilt; and (6) antenna specification sheets. The specification sheet for the antenna is attached as Exhibit B. Interference Considerations. The substitute low power repeater will operate at only 1068 watts average EIRP. Because XM did not receive any complaints of interference pertaining to its operation of the repeater being replaced, it is unlikely that this lower power repeater will create interference to other licensees. While XM’s original 2001 STA requires it to coordinate with affected Wireless Communications Services (“WCS”) licensees prior to o erating any repeater,’ XM is not aware of any operational WCS facilities in the Las Vegas area! 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 See 47 U.S.C. 5 309(f); 47 C.F.R. 6 25.120@)(1). lo XM STA Order, 16 FCC Rcd at 16784 19. ’’ See XM Radio STA Order 7 14. l2 In the X;IMSTA Order, the Bureau stated that it expects “WCS licensees to provide a schedule or as much advance notice as possible of when their stations are to be placed in operation.” XMSTA Order 7 14. XM has not received information directly from any WCS licensee regarding their plans for WCS deployment. While one WCS licensee (Horizon Wi-Corn, LLC) has notified the Commission that it is operating WCS base stations in certain locations, these locations do not include Las Vegas. Moreover, it is not clear from the Horizon Wi- Corn notification filed whether its base stations are receiving transmissions from CPE or whether they are engaged in transmit-only operations. If only the latter, potential interference to the Horizon Wi-Corn base stations is not an issue.

Ms. Marlene H. Dortch June 28,2007 Page 4 ~0ncern.l~ However, if prohibited interference does occur, XM will cease operation of the substitute repeater until such interference can be eliminated. To the extent the Commission finds it necessary, however, X M requests a waiver of the coordination requirement on the grounds that (i) it has received no interference complaints about the recently deconstructed repeater; (ii) the substitute repeater will operate at low-power, meaning that it does not have significant interference potential; and (iii) a waiver allows for continuous service. Ownership and Control of Repeaters. X M will own the substitute low-power repeater, and it will be responsible for its installation and operation. Certzjkations. X M certifies that it will operate this substitute low-power repeater subject to the conditions and certifications set forth in the XM Radio STA Order granting XM’s September 2001 request for STA to operate terrestrial repeaters. Granting this request will not alter XM’s obligation to protect authorized radiocommunicationsfacilities fkom interference, and it will not prejudice the outcome of the Commission’s ongoing rulemaking pertaining to the deployment and operation of terrestrial repeaters. X M 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. Q 853(a). X M is submitting payment to the Federal Communications Commission in the amount of Seven Hundred Ninety Dollars ($790.00) -- the filing fee applicable to requests for STAs for geostationary sate~ites.’~ ( , c ~ ~ ~ y y ) XMSTA Order fi 12 (“The comments from WCS licensees express concern about blanketing interference fi-omDARS repeaters that operate with an Equivalent Isotropically Radiated Power (EIRP) above 2 kW.”).The WCS Coalition has said that it will defer fiom objecting to STA requests that propose operations of no more than 2,000 watts Em,even if they do not specify peak or average EIRP, provided that grant of the STA (i) is conditioned on operation on a non-interference basis; and (ii) is subject to the condition that the issue of peak versus average EIRP will be addressed in the pending DARS rulemaking (IB Docket No. 95- 91). See Letter fkom Paul J. Sinderbrand, Counsel to the WCS Coalition, to Ms. Helen Domenici, FCC, File No. SAT-STA-20061207-00145 (filed March 19,2007). XM agrees to these conditions. See International and Satellite Services Fee Filing Guide (October 2006).

Ms. Marlene H. Dortch June 28,2007 Page 5 Please direct any questions regarding this matter to the undersigned. i cc: Stephen Duall, FCC t V e Pmident,kegulatory Counsel i i

Exhibit A CITY CITY SITE ANTENNA SITE SITE ANTENNA ANTENNA ANT ANTENNA TOTAL ABBR. NO. NUMBER LATITUDE LONGITUDE TYPE ORIENTATION HEIGHT DOWNTILT AVERAGE (N) (w) (DEG AZ) (FEET (DEG) EIRP (W) AGL) Las Vegas LVX 002B Txl 36—07—10 115—10—14 TA—2350—DAB 0 338 0 1068

Exhibit B Antenna Specification Sheet

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Document Created: 2007-09-17 11:57:28
Document Modified: 2007-09-17 11:57:28
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