Attachment grant

grant

DECISION submitted by IB,FCC

grant

2008-01-24

This document pretains to SAT-STA-20071211-00172 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2007121100172_618233

Approved by OMB 3060-0678 Date & Time Filed: Dec 11 2007 3: 16:42:160PM File Number: SAT-STA-2007 1211-00 172 Callsign: 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 Special Temporary Authority to Operate a Low Power Terrestrial Repeater at PGA Tour Events 1. Applicant Name: XM Radio Inc. Phone Number: 202-3 80-4000 DBA Name: Fax Number: 202-380-498 1 Street: 1500 Eckington Place, NE E-Mail: james.blitz@xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 - Attention: James S. Blitz 1

Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT-STA-20071211-00172 Special temporary authority (STA) IS GRANTED to XM Radio Inc. (XM Radio) to operate one terrestrial repeater at power levels at or below 2 kW EIRP for a period of 180 days days, at weekly PGA Tour events occurring at various locations from January 28,2008 through July 6, 2008 as set forth in Exhibit A to its application, with the technical parameters specified in its application, and subject to the following conditions: 1. Any actions taken as a result of this STA are solely at XM Radio’s own risk. This STA shall not prejudice the outcome of the final rules adopted by the Commission in IB Docket No. 95- 91. 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 Radio 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 1.1310 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 January 28, 2008 and expires after 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 9. XM Radio is granted 30 days from the date of the release of this authorization to decline the authorization as conditioned. Failur- r q m n d . w i. t h. acceptance of the authorization as co that e iod File B 86fT A L1 constituteI2fP,*% 20b7 t rm ’ 172 1 -.

2. Contact Name: James S. Blitz Phone Number: 202-380-4000 Company: XM Satellite Radio Inc. Fax Number: 202-380-498 1 Street: 1500 Eckington Place NE E-Mail: james.blitz @xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 - At tention : 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 tpplication. 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 Q Noncommercial educational licensee 0 Other(p1ease explain): Cb. Fee Classification CRY - Space Station (Geostationary) i. Type Request Q Change Station Location Q Extend Expiration Date Other i. Temporary Orbit Location 7. Requested Extended Expiration Date 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 one low power terrestrial repeater (less than 2kW EIRP) at the weekly PGA Tour events occurring at the locations and during the dates listed in Exhibit A and pursuant to the technical parameters listed in Exhibit B attached hereto. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988, e Yes 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. LO. Name of Person Signing lames S. Blitz ~~ ~ 12. Please supply any need attachments. ~ ~ ~ I11. Title of Person Signing Vice President, Regulatory Counsel I Attachment 1: STA Request 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 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (US. Code, Title 47, Section 3 12(a)(I)), 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

I December 11,2007 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 Special Temporary Authority to Operate Low Power Terrestrial Repeater at PGA Tour Events Dear Ms. Dortch: XM Radio Inc. (“XM”), one of the two Satellite Digital Audio Radio Service (“SDARS” or “satellite radio”) licensees in the United States, pursuant to Section 25.120(b)(2) of the Commission’s rules, 47 C.F.R. 9 25.120, hereby requests Special Temporary Authority (“STA”) to operate one low power terrestrial repeater at the weekly Professional Golfers’ Association (“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 hereto.’ The Commission’s International Bureau (the “Bureau”) has previously granted XM six similar STA’s for coverage of PGA events, the latest of which it ranted on June 28,2007, and which covers events occurring through December 3 1,2007. K Because this repeater will transmit at a power level of 2 kW average Effective Isotropically Radiated Power (“EIRP”) and will be limited to coverage of a golf course for a limited duration, there will be no risk of harmhl interference to other communications services. The low power repeater authorized under this STA will operate at 2 kW average will EIRP, a power level which adjacent band licensees have stated does not present an interference concern. To the extent a particular tournament involves play at more than one golf course, XM intends to operate a low power repeater at each course. See XMRadio Inc., File No. SAT-STA-20050418-00086 (DA 05-1642) (granted June 9, 2005); File No. SAT-STA-20051108-00213 (granted January 4,2006); File No. SAT-STA- 2005 1109-00214 (granted January 4,2006); File No. SAT-STA-20060421-00046 (June 9,2006), File No. SAT-STA-20061114-00138 (granted February 7,2007) and File No. SAT-STA- 20070508-00068 (granted June 28,2007). 1500 ECKINGTON PLACE, NE WASHINGTON DC 20002-2164 1 P 202-380-4000 I F 202-380-4500 1 XMRADIO.COM

Ms. Marlene H. Dortch December 11, 2007 Page 2 Background. The Commission has recognized that terrestrial repeaters are critical to satellite radio to overcome the effects of signal blockage and multipath interferen~e.~ Consistent with this policy, in September 2001 the Bureau granted XM an STA to operate terrestrial repeaters while the Commission concludes its rulemaking proceeding regarding final technical rules.4 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 providing commercial service. Since that time, satellite radio in general and XM in particular have proven to be a highly attractive service to American consumers, confirming the Commission’s vision in establishing the satellite radio service. As of now, XM serves over 8.5 million subscribers. In March 2005, XM announced the addition of a PGA Tour Network channel to its channel line- up, to provide coverage of the weekly PGA Tour event along with daily programs designed for golf enthusiasts. Moreover, at the weekly PGA Tour event, XM offers 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 follow real-time action around the course. The portable radios also inform spectators of impending severe weather. Request for 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 grant5 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 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 low power repeater, XM will be able to mitigate the potential blockage of its See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service 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 ( I 997). XM Radio, Inc., Application for Special Temporary Authority to Operate Satellite Digital Audio Radio Service Complimentary Terrestrial Repeaters, Order and Authorization, DA 0 I - 2172, at 7 18 (rel. September 17, 2001) (‘‘XM Radio STA Order”). XM requests authority to operate a low power repeater at those events listed in Exhibit A, all of which would occur within 180 days after grant of this request. XM intends to file a new STA request prior to the expiration of this request for authority to operate this repeater at those PGA Tour events that occur following 180 days after grant of this request.

Ms. Marlene H. Dortch December 11, 2007 Page 3 satellite signal by trees and fo iage, thereby providing spectators with adequate satellite radio service. Interference Considerations. Operation of one low power repeater at each weekly PGA Tour event will not cause harmful interference to adjacent-band Wireless Communications Service (“WCS”) licensees or any other communications service.6 First, one of the conditions the Commission imposed in its original STA grant was the requirement that XM pre-coordinate with WCS licensees any repeater affecting an operational WCS base ~ t a t i o n .To ~ the extent that STA requires such coordination, XM is sending a copy of this application to counsel for Horizon Wi- Com, LLC (“Horizon”) and Comcast Corporation (“Corncast”), in satisfaction of this requirement.’ Second, the repeater will be deployed in a manner intended to allow for coverage primarily of the golf course used for the weekly event. Even where there are WCS operations in the markets listed in Exhibit A, it is extremely unlikely that WCS equipment would be used on a golf course consistent with the current WCS rules. Third, the potential for interference is further minimized by the fact that the average EIRP of the repeater will not exceed 2 kW EIRP. 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 from 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.’ The WCS Coalition reiterated this position in March 2007.’’ XM previously notified Sirius Satellite Radio Inc. of a similar request, and it did not object. See XM Radio STA Order 114. ’ Despite the Bureau’s statement in the XMSTA Order (at 7 14) 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,” XM has not received information directly from any WCS licensee regarding plans for WCS deployment in these markets. However, XM’s own review of Commission files show that Comcast has certified that it operates two WCS stations in the Detroit market (which includes Grand Blanc) -- Call Signs WPQL632 and KNLB278, File Nos. 0003 107370 and 0003 107373 respectively, both filed July 12,2007 - and Horizon has certified that it operates a WCS station in the Washington, D.C. market (which includes Bethesda, MD) -- Call Sign KNLB3 15, File No. 0003045282 (filed May 29,2007). It is unclear from these certifications whether these base stations receive transmissions from CPE or are engaged in transmit-only operations; if only the latter, potential interference to the WCS base stations is not an issue. In any event, XM has conducted an interference analysis and determined that this repeater, when used locally, will not create interference to any of these operating WCS sites. 9 XMSTA Order 7 12 (“The comments from WCS licensees express concern about blanketing interference from DARS repeaters that operate with an Equivalent Isotropically Radiated Power (EIRP) above 2 kW’).

Ms. Marlene H. Dortch December 11,2007 Page 4 Technical Information. Attached as Exhibit B is the following technical information for the low power repeater XM seeks to operate pursuant to this STA: (1) maximum EIRP; (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 omni and panel antennas. Because the terrain and foliage of each golf course will vary, XM is unable to specify in advance whether it will use the omni or the panel antenna and how it will orient the antenna at each golf course.l 1 XM accordingly requests the flexibility to operate one low power repeater at the events listed in Exhibit A within the range of technical parameters listed in Exhibit B. XM certifies that its operation of the low power repeater will comply with the same conditions the Bureau imposed on XM in granting its current STA to operate a low power repeater at PGA Tour events. See XM Radio PGA STA Order. Specifically, XM Radio certifies the following: a) Any 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. b) Operation of the low power repeater authorized pursuant to this STA is on a non- interference basis with respect to all permanently authorized radiocommunication facilities. XM will provide the information and follow the process set forth in paragraphs Footnote continued from previous page lo The WCS Coalition has expressly said that it will defer from objecting to STA requests that propose operations of no more than 2 kW EIRP, 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 from 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. l 1 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 “hll particulars of the proposed operation.” 47 C.F.R. 6 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. XMSTA Order 7 12. Such a waiver is also consistent with precedent. In granting XM’s original repeater STAYthe Bureau said that XM was not required to provide the full particulars of operation for the repeaters it proposed to operate with an EIRP of 2 kW or less because these repeaters would not impact adjacent-band WCS licensees. Id. 9.

Ms. Marlene H. Dortch December 11,2007 Page 5 14 and 17 in 16 FCC Rcd 16781 (Int’l Bur. 2001) as modified by 16 FCC Rcd 18484 (Int’l Bur. 2001). The low 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 low 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 low power repeater will comply with Part 17 of the Commission’sRules regarding antenna structures. The low power repeater will comply with Part 1 of the Commission’s rules, Subpart I - 1 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. The out-of-band emissions of the low power repeater will be limited to 75+log (EIRP) dB less than the transmitter EIRP. 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. 5 853(a). XM will provide payment to the Federal Communications Commission for the sum of Seven Hundred Ninety Dollars ($790.00). This filing fee amount is applicable to requests for STAs for geostationary (“GSO”) satellites. See International and Satellite Services Fee Filing Guide (September 2006). Please direct any questions regarding this matter to the undersigned. Regulatory Counsel d cc: Stephen Dual FCC Alyssa Roberts, FCC Shabnam Javid, FCC Thomas Gutierrez, Lukas Nace Gutierrez & Sachs (counsel for Horizon Wi-Com) David Don (Comcast Corporation)

Exhibit A XM requests Special Temporaq Authority to operate one low power repeater with an average EIRP of 2 kW at the locations and during the dates listed below.' Dates Event Course Location (All are 2008) FBR Open TPC Scottsdale Scottsdale, AZ January 28- February 3 T&T Pebble Beach National World Golf Championships - ebble Beach Golf Links, Spyglass Lill, Poppy Hills Beach, CA Pebruary 4-10 Accenture Match Play The Gallery at Dove Mountain Marana, AZ February 18-24 Championship alm Beach he Honda Classic GA National (Champion Course) ebruary 25- March 2 b o l d Palmer Invitational bay Hill Golf Club and Lodge lorlando, FL barch 10-16 burich Classic of New Orleans bPC Louisiana bvondale, LA barch 24-30 Ishell Houston Open bedstone Golf Club bouston, TX barch 3 1-April 6 i.erizon Heritage b arbour Town Golf Links ilton Head Island, e Players Championship ~ T & Classic T ~ P sugarloaf C 1 . n t e Vedra Beach, buluth, GA b ay 5-1 b a y 12-18 b s Open borrey Pines Golf Course La Jolla, CA bune 9-1 5 w i c k Hills Golf and country Grand Blanc, MI une 23-29 wick Open Eub bT&T National ICongressional Country Club bethesda, MD /June30-July 6 1 To the extent a particular tournament involves play at more than one golf course, XM intends to operate the low power repeater at each course.

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

Exhibit C Antenna Specification Sheets

- TA=2304=DAB Medium Power Adjustable Sector 2330-2345 MHz The TA-2304-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: 2330-2345 MHz Length: 20.5 in. (521 mm) Gain: 15dBi @45", 14dBi @SO0, 12.5dBi a900 Width: 6.5 in, (165 mm) with 45" side panels 12dBi @120", 10.5dBi @l6Oo 4.9 in. (124 mm) without 45" side panels VSWR: 1.4:l max. Depth: 3.5 in. (89 mm) Front to Back Ratio: 20 dB @ 180" +/- 35" Weight (incl. Clamps): 6 Ib. (2.7 kg) Polarization: Vertical Rated Wind Velocity: 125 mph (200 kmh) Power Rating: 200 W avg., 800 W peak Hor. Thrust at rated wind: 44 Ib. (20 kg) H-Plane Beamwidth:45", 60", go", 120", 160" with 45" side panels: 56 Ib. (25 kg) E-Plane Beamwidth: 15 degrees Mechanical Tilt: +5" to -15" Cross Poi. Discrimination: 15 dB Mounting Pipe: 0.75 - 3.0 in. (19 - 76 mm) impedance: 50 ohms nominal Termination: 7/16 DIN female Materials Radiating Elements:Tin plated copper on PCB TVpical nid bard dues. (For details contadfactay) Reflector: lnidited aluminum I H-Plane Radome: Gray UV stabilized ASA Clamps: lnidited aluminum and HDG steel EPlane 60" 120" 160" TIL-TEK Antennas www.tiItek.com (613) 258-5928 Form 2002-2304-DAB 2002-03-06 s~~ecttocha7gelrvilhoutnotica

- TIL-TE Medium Power Omnidirectional 2330-2345 MHz The TA-2350-DAB is a medium power vertically polarized omnidirectionalantenna 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: 10dBi Diameter: 2.25 in. (57 rnm) VSWR 1.4:l rnax. Weight (Incl. Clamps): 15 Ib. (6.8 kg) Polarization: Vertical Rated Wind Velocity: 125 mph (200 km/h) Power Rating: 200 W avg., 800 W peak Hor. Thrust at rated wind: 31 Ib. (14 kg) H-Plane Beamwidth: 360 degrees - Mounting Pipe: 1.75 - 4.0 in. (44.5 102 mrn) E-Plane Beamwidth: 8 degrees Electrical-Downtilt: 2,4,6 degrees Cross Pol. Discrimination: 20 dB min. Null Fill: -20 dB (1st Null) Materials Impedance: 50 ohms nominal Termination: 7/16 DIN female Radiating Elements: Nickel plated copper array Radome: Gray UV stabilized fiberglass Clamps: HDG steel Typlcd mid band values. (For details, mntad fadory) E-Plane T4 TIL-TEK Antennas www.tiltek.com (613) 258-5928 F o 2002-2350-DAB ~ 11/1/2001 speafications~ecttochangewiwnotice


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Document Modified: 2008-01-24 12:40:30
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