Attachment Grant

Grant

DECISION submitted by FCC

Grant

2008-10-03

This document pretains to SAT-STA-20081002-00198 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008100200198_669367

Approved by OMB 3060—0678 Date & Time Filed: Oct 2 2008 5:47:46:010PM File Number: SAT—STA—20081002—00198 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 Terrestrial Repeater in Cincinnati, OH 1. Applicant Name: XM Radio Inc. Phone Number; 202—380—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 GRANTED International Bureau

Application of XM Radio Inc. IBFS File No. SAT—STA—20081002—00198 Special temporary authority (STA) is granted to XM Radio Inc. (XM) to continue to operate for a period of 30 days the Satellite Digital Audio Radio Service (SDARS) terrestrial repeater in Cincinnati, OH, specified in Attachment C to the Consent Decree adopted on July 25, 2008 (FCC 08—177) before bringing this repeater into compliance with existing authorized parameters . This grant of STA is subject to the terms and 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 EJIRP raised by the WCS Coalition will be addressed in that proceeding. Operations prior to such action will be subject to condition 2 below. 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 Red 16773 (Int‘l Bur. 2001) and 16 FCC Red 16781 (Int‘l Bur. 2001), as modified by 16 FCC Red 18481 (Int‘l Bur. 2001) and 16 FCC Red 18484 (Int‘l Bur. 2001). Terrestrial repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS receivers. 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. Terrestrial repeaters shall comply with Part 17 of the Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures. 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 1.13 10 of the Commission‘s rules. The out—of—band emissions of terrestrial repeaters shall be limited to 75+log(EIRP) dBless than the transmitter EIRP. File #.OAt — oTA —22008 100 2— & Call Sign _ Grant Date ZJZ 3/08 (or other identifier) Term Dates 4Wa4é_ »10/4 PETERL Eo Bamsm

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: 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.EF.R.Section 1.1114). £34 Governmental Entity gy Noncommercial educational licensee «4 Other(please explain): 4b. Fee Classification —CRY — Space Station (Geostationary) 5. Type Request 74 Change Station Location «4 Extend Expiration Date y Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date

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 to continue to operate a terrestrial repeater in Cincinnati, OH for 30 days. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes 3 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 &quot;party to the application&quot; for these purposes. 10. Name of Person Signing 11. Title of Person Signing James S. Blitz Vice President, Regulatory Counsel 12. Please supply any need attachments. Attachment 1: Narrative & Exhibits — Attachment 2: 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 (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

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@fcee.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. .

Request for Special Temporary Authority XM Radio Inc. ("XM*"), pursuant to 47 C.F.R. § 25 .120‘ of the Commission‘s Rules, hereby requests Special Temporary Authority ("STA") to continue to operate a single repeater in Cincinnati, OH at its current technical parameters*® for 30—days while certain unanticipated leasing issues are resolved. As detailed below, XM faces extraordinary and unforeseen circumstances that support immediate grant of this STA." As the Commission is aware, XM entered into a Consent Decree which ended the Commission‘s investigation into XM‘s operation of certain terrestrial repeaters at technical parameters in variance from its existing STAs." As part of this Consent Decree, XM agreed to shut off fifty repeaters and bring an additional fifty repeaters into compliance with existing authorized parameters by October 4, 2008." The repeater that is the subject of this request was among the fifty that XM has been working diligently to bring into compliance and is designated as CINO25C on Attachment C of the XMRadio Consent Decree. Specifically, this repeater which is located in downtown Cincinnati, requires modifications to the antenna model and downtilt and a 50 foot increase in the antenna height to comply with the existing authorization. Unfortunately, due to circumstances out of XM‘s control, and despite XM‘s diligent efforts, XM has been unable to implement the necessary modifications and will not be able to do so by the October 4 deadline. XM‘s lease to use this tower precludes XM from making any changes to its facilities without the landlord‘s express prior written consent. XM first contacted the landlord to procure its consent on July 28, 2008 — only days after the Commission adopted the XMRadio Consent Decree — expressly noting the likely need to performa structural analysis in connection with the proposed changes. Since that time, XM has continued negotiations with the landlord on legal issues relating to the lease. As of early this week, XM believed those issues had been resolved such that XM would be able to make the necessary modifications to bring this repeater into STA compliance before October 4. However, on September 30, the landlord informed XM that it would not consent to any changes to XM‘s equipment on the tower 1 Because XM is requesting STA for less than 30 days, the Commission can grant this application without placing it on Public Notice. 47 C.F.R. § 25.120(b)(4). 2 The current technical parameters of this repeater are provided in Exhibit A. 3 See 47 C.F.R. § 25.120(a) (stating that an STA "request received within less than 3 working days [prior to the date of proposed construction or operation] may be accepted only upon due showing of extraordinary reasons for the delay in submitting the request which could not have been earlier foreseen by the applicant"). 4 XMRadio, Inc., Consent Decree, File Nos. EB—06—SE—148 and EB—06—SE—356, 23 FCC Red 12327, FCC 08—177 (rel. Aug. 5, 2008) ("XMRadio Consent Decree"). * XMRadio Consent Decree at [ 9.

unless XM agreed to unreasonable terms regarding improvements to the tower‘s structural integrity that are well beyond XM‘s responsibility to finance. The landlord further informed XM that it wouild not know more about the tower‘s structural integrity and the need for any improvements until it had completed a structural analysis, which had not been conducted and could not be finalized until October 21, 2008 due to scheduling issues for the company that can perform the analysis most expeditiously. As a result, the landlord has not consented to XM‘s proposed changes and it will be another three weeks before the parties can more fully understand the extent of structural improvements that may be needed to the tower. Moreover, due to concerns that have been raised about the tower‘s structural integrity, the landlord cannot provide assurances that it is safe for XM personnel to ascend the tower to make the necessary changes until that analysis has been completed. XM hereby requests that the Commission allow it to continue to operate this repeater at the current technical parameters for an additional 30 days while it continues to negotiate these issues with the tower owner and obtains an updated structural analysis. This 30—day STA will allow XM to avoid shutting down the repeater, which is essential to providing uninterrupted service to XM subscribers in downtown Cincinnati. If XM is required to shut down this repeater without an adequate alternative site, thousands of subscribers could lose reliable service, yet absent grant of this STA, temporarily shutting down the repeater is the only other way that XM can comply with the Consent Decree. XM does not anticipate any in—band or out of band interference from the continued operation of this repeater which has operated at the requested parameters for nearly 7 years. Indeed, XM has never received any complaint of interference regarding the operation of this repeater. Therefore, XM respectfully requests that the Commission promptly grant its proposed STA. XM understands that the operation of this repeater continues to be subject to the conditions placed upon that operation by the 2004 STA Grant Order.° Grant of the requested STA will not alter XM‘s obligations to protect authorized radiocommunications facilities from interference. Further, the final characteristics of this and the other XM terrestrial repeaters remain subject to the outcome of the Commission‘s rulemaking proceeding.‘ 6 iSee XMRadio Inc. Request to Modify Special Temporary Authority To Operate Satellite Digital Audio Radio Service Terrestrial Repeaters, Order and Authorization, 19 FCC Red 18140 (2004) (©2004 STA Grant Order"). 7 See Amendment ofPart 27 ofthe Commission‘s Rules to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band, Establishment ofRules and Policies for the Digital Audio Radio Satellite Service in the 2310—2360 MHz Frequency Band, WT Docket No. 07—293, IB Docket No. 95—91, Notice of Proposed Rulemaking and Further Notice of Proposed Rulemaking, 22 FCC Red 22123 (2007).

EXHIBIT A CITY SITE NO. ANTENNA NO. LATITUDE LONGITUDE ANTENNA TYPE ANT ORIENTATION (DEG AZ) ANT. HEIGHT (FT. AGD ANT. DOWNTILT TOTAL AVERAGE EIRP (W) Cincinnati CINO25C Tx1 39—06—59 N 84—30—07 W HMD8—V360—R05—H 0 790 0 5738

Antenna Type: HMD8V360—RO05—H ’mkfiW. Description: HMD Antenna, R Band Narrow, 8 Bay, Vertical Polarization, Omnidirectional Pattern, High Power, 0.5 Degrees Beamtilt Electrical Specifications Frequency Designation R Band Narrow Frequency Band, MHz 2320 — 2345 Number of Bays 8 Gain, dBi 11.0 Azimuth Pattern Type Omnidirectional Elevation Beamwidth, degrees 7 Polarization Type Single, Vertical Beamtilt, degrees 0.5 Impedance, nominal ohms 50 Return Loss, dB (VSWR) > 14 (<1.5) Maximum Input Power, Watts 1000 ** Lightning Protecti on Top Mounted Finial Included Connector 7/8 " EIA Connector Position Bottom Mechanical Specifications Dimensions H x Radome Diameter, mm (in) 1118 (44.0) x 127 (5.0) Weight, kg (Ib) 25.0 (55.0) Radome Material Fiberglass, Pressurizable Radome Color White Pressurization, kPa (Ib / sq in) 70 (10) Environmental Specifications Survival Wind Speed, km/h (mph) 180 (112) Wind Shear, N (Ibf) 614 (138) Overturning Moment, N.m (ft—lb) 495 (367) Temperature Range —40° C to + 50° C ** Humidity Up to 100% Mounting Information Mount Type * A Type Special With Adjustment Mount Description Side Mounted at Top of Tower Mounting Pipe Diameter, mm (in) 76 (3.0) * See Catalog 38, pp 305 to 310 for further information ** Maximum input power derates linearly from 1000 to 750 watts as temperature increases from 25 to 50° C Andrew Corporation From North America: 1—800—255—1479 www.Andrew.com 10500 W. 153"" Street International: 1 —708—873—2307 Orland Park, IL 60462 USA Fax: 1—708—349—5444 4 June 2003 Specifications nominal and subject to change without notice


Document Created: 2008-10-03 16:02:41
Document Modified: 2008-10-03 16:02:41
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