Attachment grant

grant

DECISION submitted by IB,FCC

grant

2008-07-01

This document pretains to SAT-STA-20080430-00095 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008043000095_650997

. ------ ++ SAT- STR-20O8043O-mg5 Approved by O m 3060-0678 Date & Time Filed: Apr 30 2008 2:26:09: 136PM File Number: SAT-STA-20080430-00095 Callsign: s ateI\iLe PO KC^ Branch 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 Very Low Power Terrestrial Repeater in Torrance, California for 180 Days 1. Applicant Name: XM Radio Inc. Phone Number: 202-3 80-4000 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

Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT-STA-20080430-00095 Special temporary authority (STA) is granted to XM Radio Inc. (XM) to operate a terrestrial repeater with an Effective Isotropically Radiated Power (EIRP) of up to 2000 watts (average) in Torrance, CA, for a period of 180 days. This authorization is granted according to the technical parameters specified in XM’s application and is 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 the terrestrial repeater 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. The terrestrial repeater is 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 the operations of the terrestrial repeater shall be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. 5 . The terrestrial repeater shall comply with Part 17 of the Commission’s rules - Construction, Marking, and Lighting of Antenna Structures. 6. The terrestrial repeater 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 l.l307(b) and 1.1310 of the Commission’s rules. 7. The terrestrial repeater’s out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP; 8. This STA expires after 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first; 9. 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; 8 0.261 and is effective 10. This action is taken on delegated authority pursuant to 47 C.F.R. upon release. Petitions for reconsideration under 47 C.F.R. 5 1.106 or applications for review under 47 C.F.R. 3 1.115 pay% w y s of the date of the Public Notice announcing this action. 1 SQT-Sm- Z~SO4-30-0C1I95 CAI Sign Grant ~ 3 t 3dq e I , ZCJlj- U (or otficr idcntifi2r) T1:im natcs

2. Contact Name: James S. Blitz Phone Number: 202-380-4000 Company: XM Satellite Radio Inc. Fax Number: 202-380-4981 Street: 1500 Eckington Place NE E-Mail: j ames.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 ipplication. Please enter only one.) 3. Reference File Number or Submission ID 4a. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity Q Noncommercial educational licensee 0 Otherblease explain): ~ ~~ Ib. Fee Classification CRY - Space Station (Geostationary) 5. Type Request 0 Change Station Location 0 Extend Expiration Date @ Other 5. 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.) r XM Radio Inc. (XM) requests Special Temporary Authority (STA) to operate one very low ' power terrestrial repeater (less than 2kW EIRP) in Torrance, California for 180 days i 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 0 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. II 10. Name of Person Signing James S. Blitz 12. Please supply any need attachments. 11. 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 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 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

James S . Blitz Vice President, Regulatory Counsel XM SATELLITE RADIO XM SATELLITE RADIO 1500 Eckington Place, NE Washington, DC 20002 jim.blitz@xmradio.com P: 202-380-1383 F: 202-380-4981 April 30,2008 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 A New Low Power Repeater in Torrance, California for 180 Days Dear Ms. Dortch: Pursuant to Section 25.120(b)(2) of the Commission’s rules, 47 C.F.R. 9 25.120(b)(2), 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 new low power repeater with an average Effective Isotropically Radiated Power (“EIRP”) of 2000 watts in Torrance, California. XM seeks authority to operate this new low power repeater at the North American Operations Headquarters facility for Toyota Motor Sales, in Torrance, California. This facility extends eleven city blocks and houses Toyota employees who are involved in product development, product planning, marketing, and related activities. Toyota, along with other leading automobile manufacturers including General Motors and Honda, offers XM radios as a factory-installed option in many of its automobiles. XM and Toyota have determined there is a need for improved reception of XM throughout the Torrance facility for purposes such as monitoring the XM signal, developing dealer kits, and assisting in planning of integrating XM services in the next generation Toyota vehicles. XM proposes to serve this need through a single new low power repeater, which will also provide coverage to the surrounding area of Torrance. The Commission has recognized that SDARS operators require terrestrial repeaters to provide high-quality service nationwide. Consistent with this policy, in September 200 1, the Bureau I See Establishment of Rules and Policiesfor the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, 12 FCC Rcd 5754, 5770 7 37 (1 997). I I I 1500 ECKlNGTON PLACE, NE WASHINGTON DC 20002-2164 P 202-380-4000 F 202-380-4500 XMRADIO.COM

Ms. Marlene H. Dortch April 30,2008 Page 2 granted XM an STA to operate a nationwide network of terrestrial repeaters.2 In the years since, the Bureau has granted XM additional STAs to operate its terrestrial repeaters, pending issuance of final rules governing the deployment and use of repeater^.^ Public Interest Considerations. Grant of the STA will serve the public interest by providing quality service to Toyota employees at the facility and improved reception to the surrounding areas. Due to the Torrance facility’s size and physical limitations, it would be impractical for X M to provide adequate service to these employees within the facility using other existing STA authorizations that XM holds or through hard-wire connections, without causing significant physical disruption to the multiple buildings on the campus. Accordingly, without this repeater, XM cannot provide the signal quality Toyota employees in this location require. Technical Information for the New Low Power Repeater. The following technical infomation pertaining to the repeater is provided in Exhibit A: (1) antenna type; (2) antenna orientation; (3) average EIRP; (4) height above ground level (“AGL”); and (5) antenna downtilt. The specification sheet for the antenna is attached as Exhibit B. Interference Considerations. The new low power repeater will operate at 2,000 watts average EIRP. Because XM has exclusive use of its licensed band, it is highly unlikely that the new low power repeater will create interference to other licensees. To the extent XM’s original 2001 STA requires it to coordinate with affected Wireless Communications Services (“WC S”) licensees , ~ is not aware of any operational WCS facilities in the Los prior to operating any r e ~ e a t e rXM Angeles area.5 Moreover, as the Bureau acknowledged in granting XM’s original repeater STA See XM Radio, Inc., Application for Special Temporary Authority to Operate Satellite Digital Audio Radio Service Complimentary Terrestrial Repeaters, Order and Authorization, 16 FCC Rcd. 16781 8 18 (2001) (“XMSTA Order”). See, e.g., XM Radio, Inc.; Request for Special Temporary Authority to Operate Additional Satellite Digital Audio Radio Service Terrestrial Repeaters, Order and A uthorization, 19 FCC Rcd. 18 140 (2004) (granting XM an STA in File No. SAT-STA-20031 1 12-00371, effective Sept. 15, 2004); PubZic 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. 4 See XMSTA Order 714. 5 In theXMSTA Order (at 7 14), the Bureau said 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 from any WCS licensee regarding plans for Footnote continued on next page

Ms. Marlene H. Dortch April 30,2008 Page 3 request, the WCS licensees have confirmed that operation of terrestrial repeaters at an EIRP of 2 kW or less is not an interference concern! However, if prohibited interference does occur, XM will cease operation of the new repeater until such interference can be eliminated? Ownership and Control of Repeaters. XM will own the new low power repeater and it will be responsible for its installation and operation. Certzj%ations. XM certifies that it will operate the new low power repeater subject to the conditions and certifications set forth in the XM STA Order granting XM’s September 200 1 request for STA to operate terrestrial repeaters. Specifically, XM certifies the following: (1) XM will operate this repeater at its own risk, and such operation shall not prejudice the outcome of the final rules adopted by the Commission in GEN Docket 95-91; (2) X M will operate this facility on a non-interference basis with respect to all permanently authorized radiocommunication facilities; (3) The facility will be restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS receivers; Footnote continued from previous page WCS deployment in this market. Moreover, XM’s own review of “substantial service” filings do not show any operational WCS stations in this market. 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.”). Moreover, in March 2007, the WCS Coalition said that it will defer from objecting to STA requests that propose operations of no more than 2,000 watts 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-2006 1207-00145 (March 19,2007). XM agrees to these conditions. 7 XM’s Repeater Control Center (202-380-4725) is available on a continuous basis to receive any such reports of any suspected interference and take immediate corrective action.

Ms. Marlene H. Dortch April 30, 2008 Page 4 (4) Where applicable, coordination of the facility will be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico; (5) The facility will comply with Part 17 of the Commission’s rules - Construction, Marking, and Lighting of Antenna Structures; (6) The facility will 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; and (7) The out-of-band emissions of the facility will be limited to 75+log (EIRP) dB less than the transmitter EIRP. XM plans to employ an anti-feedback mechanism to assure it will not become a broadband noise source if the coupling between the receiver and retransmit antennas is not sufficient to avoid oscillation. Upon installing this repeater, the installer will optimize the antenna placement to avoid any feedback that may create oscillation. Granting this request will not alter XM’s obligation to protect authorized radiocommunications facilities from interference, and it will not prejudice the outcome of the Commission’s ongoing rulemaking pertaining to the deployment and operation of terrestrial repeaters. 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 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 (“GSO”) satellites.’ 8 See International and Satellite Services Fee Filing Guide (October 2006).

Ms. Marlene H. Dortch April 30,2008 Page 5 Please direct any questions regarding this matter to the undersigned. Very truly yours, ice President, Regulatory Counsel cc: Stephen Duall, FCC Shabnam Javid, FCC

Exhibit A Technical parameters for repeater SITE SITE ANT ANT 'ITY ANT TOTAL 'ITY 'ITE ANTENNA LATITUDE LONGITUDE ANTENNA TYPE ORIENTATION DOWNTILT AVERAGE ABBR. NO. NUMBER (N) (W) (DEGAZ) (FT. AGL) (DW ElRP (W) Los Angeles LAX 145A Tx 1 33-51-27 I18-18-38 TA-2304-2-DAB-H(60) 195 66' 8'' 0 2000 Los Angeles LAX 145A Tx2 33-51-27 118-18-38 TA-2304-2-DAB-H(45) 270 66" 8" 3 2000

Exhibit B Antenna Specification Sheet for repeater

TA-2304-2-DAB-H TIL-TEK High Power Adjustable Sector 2330-2345 MHz The TA-2304-2-DAB-H is a high 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: 39.4 in. (1001rnm) Gain: 18 dBi @ 45", 17 dBi @ 60°,15 dBi @ 90" Width: 6.5in. (165mm) with 45"side panels 14 dBi @ 120".13 dBi @ 160" 5.0in. (127 mm) without 45"side panels VSWR: 1.3:l max. Depth: 9.0 in. (228.6 mm) Front to Back Ratio: 15 dB min. Weight (incl. Clamps): 31 Ib. (14.1kg) Polarization: Vertical Rated Wind Velocity: 125 mph (200 km/h) Power Rating: 2000 W avg., 8000 W peak Hor. Thrust at rated wind: 86 Ib. (39kg) H-Plane Beamwidth: 45", 60".go", 120".160" with 45" side panels: 1 1 1 Ib. (50.4kg) E-Plane Beamwidth: 7 degrees Mechanical Tilt: 0" +/- 11.5" Cross Pol. Discrimination: 20 dB Mounting (O.D.): 0.75 - 3.0in. (19- 76 mm) Impedance: 50 ohms nominal Termination: 7/8"EIA Flange Materials Typical mid band values. (For details , contad factory) Radiating Elements: Tin Plated copper on PCB Specifications subject to change without notice Reflector: Irridited aluminum H-Plane Radome: Gray UV stabilized ASA Clamps: Stainless and HDG steel 45" E-Plane t 0 60" 90" 120" 160" Rev. 1.1 2002-03-27 500 Van Buren Street T: 613-258-5928 P.O. Box 550 IS0 9001:2000 CGSB Registered T:877-ANTENNA Kemptville, ON KOG 1JO F: 6 13-258-74 18 Certificate 96 1004 Canada www.tiltek. corn


Document Created: 2008-07-01 16:50:18
Document Modified: 2008-07-01 16:50:18
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