Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2007-12-19

This document pretains to SAT-STA-20071204-00169 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2007120400169_611529

Approved by OMB 3060-0678 Date & Time Filed: Dec 4 2007 3:22: 18:430PM File Number: SAT-STA-20071204-00169 Callsign: 5-2 \\ C i 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 renewal of STA to operate XM-2 at 85.2W 1. Applicant Name: XM Radio Inc. Phone Number: 202-380-4000 DBA Name: Fax Number: 202-380-498 1 Street: 1500 Eckington Place, NE E-Mail: j aines .b 1i tz@xiiil-adi0.coin City: Washington State: DC Country: USA Zipcode: 20002 - Attention: James S. Blitz 1

XM Radio Inc. IBFS File No. SAT-STA-20071204-00169 Call Sign: S2119 XM Radio I n c h (XM Radio) request for special temporary authority is granted for a period of 60 days, effective December 19,2007. Accordingly, XM Radio is authorized to operate telemetry, tracking, and command facilities of the XM-2 satellite at 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. All operations shall be on an unprotected and non-harmful interference basis, i.e., XM Radio shall not cause harmful interference to, and shall not claim protection from interference caused to it by, any other lawfully operating radiocommunication system. 2. In the event that any harmful interference is caused as a result of XM-2's operations, XM Radio shall cease operations immediately upon notification of such interference and shall inform the Commission in writing within 5 days of such an event. 3. Any actions taken as a result of the operations 85.2" W.L. orbital location are solely at XM Radio's own risk. 4. This action is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R. 5 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,

l . Contact Name: Bnice D. Jacobs Phone Number: 2026638077 Company: Pillsbury Winthrop Shaw Pittman Fax Number: 2026638007 LLP Street: 2300 N Street NW E-Mail: bruce.jacobs@pillsburylaw.com City: Washington State: DC Country: USA Zipcode : 20037 - Attention: Relations hip: 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 iipplication. Please enter only one.) 3. Reference File Nuinber SATSTA 2007O60800079 or Subiiiission ID ~~~ 4a. Is a fee submitted with this application? IfYes, complete and attach FCC Forin 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 G overnni ent a 1 Entity 0 N on c o m m erc ia 1 educationa 1 1ice11see 0 Otlier(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 85.2W 200 8-02-09 00 :00:00.0 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’)hereby requests renewal of Special Temporary Authority, f o r up to sixty days, to continue to operate XM-2 at 8 5 . 2 W , pending International Bureau action on XM’s modification application to relocate XM-2 to a new 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, 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 1 I . 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 PUNJSHABLE BY FINE AND / OR IMPRISONMENT ( Ci S. Codc, Titlc 18, Section 100 I ). AND OR RETVOCATION OF ANY STATION AUTHORIZATION (C.S. Code, Title 47, Section 3 12(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 THTS 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 renewal of Special Temporary Authority (“STA”), for up to sixty days, to continue to operate XM-2 at the 85.2”W orbital location’ and communicate with the satellite for station-keeping operations at that location.2 The International Bureau (“Bureau”) is still processing XM’s underlying modification applications to relocate XM-2’ and communicate with the satellite at its proposed new orbital locat ion.4 However, XM’s temporary authority to operate XM-2 at 85.2”W and communicate with that satellite for station-keeping operations expires on December 1 1, 2007. Accordingly, renewal of the STAs, pending the Bureau’s action on the underlying applications, is necessary. Moreover, as explained in the previously filed and approved STA applications, which are incorporated herein by reference, renewal of the STAs will serve the public interest because it will allo\v XM-2 to remain near XM-3, optimizing XM’s ability to provide service to its customers through its satellite and repeater network in the event of an XM-3 outage? For these reasons, the Bureau should expeditiously grant the STA renewal requests. 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 spectruni as against the regulatory ‘ See File No. SAT-STA-20070608-00079 (granted September 28,2007) (approving a sixty-day STA commencing October 12, 2007 to drift XM-2 from 1 15. I “W to 85.2”W). See File No. SES-STA-20070612-00795 (granted September 28, 2007 1 (approving a sixty-day STA Commencing October 12, 2007 to permit earth station call sign E040204 to conduct telemetry, tracking, and control operations with XM-2 during its drift to 85.2”W and for station-keeping operations at that location). See File No. SAT-MOD-2007091 1-00 123, amended SAT-AMD-2007 I 1 13-00 158 (requesting authority to relocate XM-2 to 85.21 7”W). See File Nos. SES-MOD-20071102-01523, SES-MOD-20071102-01523. ’See Attachment A to File Nos. SAT-STA-20070608-00079, SES-STA-200706 12-0079s. 1

power of the United States because of the previous use of the same, whether by license or otherwise. 2

D BE onncmvvee zn remesecse.. | I, Jeffrey $. Snyder, Senior Vi_cc President, Space Systerms, of XM Radio Inc., | 'rl certify under penalty of perjury that: | 1 \ T am the technically qualified person with overall responsibility for preparation of i the technical information contained in this application. I am familiar with the fl fequirements 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. ‘ | / \ Dated: December 2., 2007 | | || anlzzkn en | .L


Document Created: 2007-12-19 10:29:14
Document Modified: 2007-12-19 10:29:14
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