Attachment grant

grant

DECISION submitted by IB, FCC

grant

2008-09-08

This document pretains to SAT-STA-20080828-00161 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008082800161_662991

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 Extension of Special Temporary Authority to Operate Terrestrial Repeaters 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. IBFS File No. SAT-STA-20080828-00161 Special temporary authority (STA) is granted to XM Radio Inc. (XM) to operate for a period of 30 days the Satellite Digital Audio Radio Service (SDARS) terrestrial repeaters specified in Attachment D to the Consent Decree adopted on July 25, 2008 (FCC 08-177). This grant of STA is subject to the terms and conditions of the Consent Decree, as well as the conditions below. 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. 95-91. The issue concerning average versus peak 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 terrestrial 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. Terrestrial repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS receivers. 4. Coordination of terrestrial 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. Terrestrial repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures. 6. Terrestrial 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. The out-of-band emissions of terrestrial repeaters shall be limited to 75+log(EIRP) dB less than the transmitter EIRP. I --

2. Contact Name: James S. Blitz Phone Number: 202-380-4000 Company: XM Satellite Radio Inc. Fax Number: 202-3 80-4500 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 2pplication. 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). Q Governmental Entity Q Noncommercial educational licensee Q Otherblease explain): lb. Fee Classification CRY - Space Station(Geostati0nary) 5 . Type Request 0 Change Station Location @ Extend Expiration Date 0 Other 5. Temporary Orbit Location 7. Requested Extended Expiration Date 2

18. 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 extension of Special Temporary Authority (STA) granted on August 6, 2008 (File No. SAT-STA-20061002-00114) to operate terrestrial repeaters. Absent renewal, this STA will expire on September 5, 2008. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject e Yes Q No to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988, 2 1 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 11. Title of Person Signing James S. Blitz Vice President, Regulatory Counsel I 12. Please supply any need attachments. 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 govemment, 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

Ih: XM Rudio Inc. Renewal of Specid Temporary Authority to Qpcratc Tcrrestrhl RCpCatWS Filc No. SAT-SrrA-200611)02-130114 Pursuant tor Scctim 25.120 of ttic Cotnrnissiort's ~ u ~ c sXM , * itac~inIIK. ("XM Kadio"') hereby requests renewal of the above-rcfcrcticcd Special 'I'cmporary Authority (""STA'") granted in FCC Fille No. SAT-STA-2006 IOO2-00 1 E 3, so tllsc repeaters osvcred by that STA may continue to opernte at the parameters authorized therein. Absent rexicwd, this SI'A is schecluled to expire 011 Scptenibcr 5 , 2008. XM Radio q u e s t s that the Commission renew this STA until the Cornmissioxi acts on the pending request for 1 80 day STA (FGC Filc Nuintxr SAT-S'I'A-2006 101 3-001 19), or until the Cornrnissian issues a blankct liccnsc for satclIite radio tcmstrial repeaters, whichcvcr occurs first. Recalase this iquest is timcly, pursuant to Scction f .62 vfthe RsrIes, this STA will continue in eflect without further action by the Conmission uniil such lime as the Commission makes a final determination with respect to this XM Radio currently operates these repeaters in their licenscd frequency band (2332.5-2345 Mf Iz) pursuant to the S'T'A granted by thc intcrnatioiial Burcau on August 6,2008. XM Radio has not changed tccltinical pararncters lbr these repeaters since the grant of the STA and is not herein requesting modif'icrition of any of thoso parameters. Kcncwing this SI'A will scrvc thc public intercst by allowing XM R d i o to continuc to pruvicto a clcar signa1 to XM siibscribers in the areas served by these rcpcatcrs. I ASCC 47 C.F. IS. s; 25.120. 7 L See 47 C.F.R. 5 1.62. 1 I 1500 KKINCTON PLACE. NE WASHINGTON DC 20002 2164 P 202480-4000f F 202-386-4500 XMRAOIO.COM

XM Radio will contirrue to coniply with the conditions the Cotnmission irnposcd in granting the: above-ref‘erencod STA, which pmwidc sufficient protcction to other n d b scrvims, ‘I”hcrefixe,prompt grant of XM Kadicr’s rcne~vdrccpcst will allow f‘or thc: continucd reception of satellite mdic:, progrzirnming cwer these rcpenters by XM subscribers ilcrcxs tlic country. Piease direct any qucstions regarding this rnatter to the undcrsigned. Very truly yours, I, Vice Prcsidcnt, Regulatory Counscj i t L’ cc: Stephen Duart, FCC Shabnam Javid, XTC


Document Created: 2008-09-08 16:50:29
Document Modified: 2008-09-08 16:50:29
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