Attachment XM Radio-Grant Oct 2

XM Radio-Grant Oct 2

DECISION submitted by IB,FCC

gr

2010-10-22

This document pretains to SAT-STA-20100917-00194 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010091700194_847088

Tile # SAT— Sth— 20100917— 00194 Call Sign $Z786__ GrantDate_!© [2z2/ho (or other identifier) 5 Term Dates (Period o To: 2C da; $ Approved by OMB From_ 10/2%/10 3060—0678 | Approved: hy//@é/»q Qlll/fl Date & Time Filed: Sep 17 2010 7:16:57:963PM Stegifey! 3. Duall File Number: SAT—STA—20100917—00194 Chiel, Sglellite Plicy Brench 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: XM—5 (Call Sign $2786) 30—Day STA Request to permit in—orbit testing 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@siriusxm.com City: Washington State: DC Country: USA Zipcode: 20002 = Attention: James S. Blitz

Attachment to Grant Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20100917—00194 The request of XM Radio Inc. (XM Radio) for special temporary authority (STA), File No. SAT—STA—20100917—00194, is granted for a period of up to 30 days, commencing on October 26, 2010, to permit in—orbit testing (IOT) of the XM—5 space station (Call Sign $2786) at the 80° W.L. orbital location. Accordingly, XM Radio is authorized to conduct Telemetry, Tracking and Control (TT&C) operations necessary to maintain XM—5 at the 80° W.L. orbital location using the 7056.8450—7074.8690 MHz (Earth—to—space) frequency band. Additionally, XM Radio is authorized to perform TT&C operations necessary to drift XM—5 to the 80° W.L. orbital once the space station is in orbit, to support XM—5°‘s operations while it is being tested at the 80° W.L. orbital location, and to drift XM—5 to its authorized orbital location of 85.2° W.L upon completion of IOT, using the following frequencies: 2336.7, 2337.2, 2334.0, or 2342.5 MHz (space—to—Earth, Right Hand Circular Polarization), and 7043.0 MHz and 7074 MHz (Left Hand Circular Polarization). Finally, XM Radio is authorized to operate the communications payload for XM—5 in the 2332.5—2345.0 MHz (space—to—Earth) frequency band for purposes of IOT only. This authorization is granted subject to the technical parameters specified in XM‘s application, the rules of the Federal Communication Commission (Commission), 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 of any harmful interference as a result of the operations of XM —5 at the 80° W.L. orbit location or during drift to the 85.2° W.L. orbital location, XM Radio shall cease operations immediately upon notification of such interference and shall inform the Commission, in writing, immediately of such an event. 3. XM Radio‘s operations at 80° W.L. shall be limited to IOT operations and shall not include the provision of commercial services. 4. XM Radio shall coordinate its IOT and TT&C operations with existing geostationary satellites to ensure that no unacceptable interference results from its IOT operations at the 80° W.L. orbital location or from its TT&C operations during the drift from 80 °W.L. to its assigned orbital location at §5.2° W .L. 5. During in—orbit testing, XM Radio shall maintain the XM—5 satellite within an east/west longitudinal station—keeping tolerance of + 0.05 degrees of the 80° W.L. orbital location. 6. XM Radio is afforded 30 days from the date of release of this grant and authorization to decline this authorization as conditioned. Failure to respond within this period w111 constitute formal acceptance of the authorization as conditioned. 7. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.E.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. fFile# SAtT— sim—20li060917— 00194 Call Sign 82786 Grant Date_10 /22 /10 (or other identifier) Torm Dates PEVCd ofs : d30 yys ada g f From 10/26/i0 mzfl ed: %’flg Approv% International Bureau o with n condd idiosns _ S 3. ~Duall ndio Ch ,Scficfl‘\k Fbii(tj Branch

2. Contact Name: Karis A. Hastings, Esq. Phone Number: 202—637—5767 Company: Hogan Lovells US LLP Fax Number: 202—637—5910 Street: 555 Thirteenth Street, NW E—Mail: karis.hastings@hoganlovells.com City: Washington State: DC Country: USA Zipcode: 20004 —1109 Attention: Relationship: (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? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption {see 47 C.F.R.Section 1.1114). C3 Governmental Entity C Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request gry Change Station Location {*4 Extend Expiration Date g, 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 for 30 days to to perform in—orbit testing of XM—5 (Call Sign $2786) at 80 W.L. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes «4 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. 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: Attachment 1 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 PRA@fec.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.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Applications by XM RADIO INC. and Call Signs $2786 & EO40204 SIRIUS XM RADIO INC. Call Sign E080168 For Special Temporary Authority to Test XM—5 at 80° W.L. REQUEST FOR SPECIAL TEMPORARY AUTHORITY XM Radio Inc. ("XM Radio") and Sirius XM Radio Inc. ("Sirius XM" and with XM Radio, the "Sirius XM Parties"), respectfully request space station and earth station special temporary authority ("STA") for a period of up to 30 days to permit in—orbit testing ("IOT") of the XM—5 space station at 80° W.L. using XM Radio‘s and Sirius XM‘s Ellenwood, Georgia earth stations. Specifically, the Sirius XM Parties request: (1) authority to perform Telemetry, Tracking and Control ("TT&C") in order to position XM—5 at 80° W.L.; (2) authority to operate the TT&C and communications payloads of XM—5 at 80° W.L. during IOT; and (3) authority to perform TT&C in order to drift XM—5 to 85.2° W.L. following the completion of IOT. The call signs of the space station and earth stations for which STA is requested are listed in the caption above. XM Radio is licensed to launch and operate XM—5 at 85.2° W.L. Grant of authority to perform IOT for XM—5 at 80° W.L. will serve the public interest by permitting testing to occur without disrupting existing services being provided from the nominal 85° W.L. orbital location. Launch of XM—5 is currently scheduled for October 14, and the Sirius XM Parties respectfully request action on the instant application to accommodate this schedule. The

Sirius XM Parties also request that the 30—day period of the STA commence ten days after launch of XM—5. XM—5 is authorized to serve as an in—orbit spare for XM Radio‘s fleet of satellite digital audio radio service ("SDARS") spacecraft that provide a high—quality, continuous, multi— channel audio service throughout the United States.. XM—5 is also equipped with frequencies allowing it to serve as back—up capacity for the SDARS services of XM Radio‘s affiliate, Satellite CD Radio." Testing of XM—5 will use XM Radio‘s earth station call sign E040204 on the frequencies for which the earth station and XM—5 are authorized, with uplinks in the X—band, 7056.8450—7074.8690 MHz, and downlinks in the S—band, 2332.5—2345.0 MHz. The payload testing transmissions from call sign E040204 will include intermittent use of an unmodulated carrier operating at the earth station‘s maximum authorized EIRP of 78 dBW. Sirius XM‘s earth station call sign E080168 will be used to perform TT&C during the drifts to and from 80° W.L. and while XM—5 is being tested at that location. During the drift, the Sirius XM Parties will use only the TT&C frequencies authorized for XM-S.4 Because call sign E080168 is not currently authorized to operate on these specific frequencies, Sirius XM See File No. SAT—LOA—20090217—00025 (Call Sign $2786), grant—stamped Aug. 31, 2009. iSee id. . As noted above, XM—5 is also capable of operating in the S—band frequencies authorized to Satellite CD Radio, 2320—2332.5 MHz, but no testing of this portion of the XM—5 payload is planned. Telemetry carriers for XM—5 are at 2336.7, 2337.2, 2334.0, or 2342.5 MHz, RHCP, and command carriers are at 7043.0 MHz and 7074 MHz, LHCP .

requests special temporary authority to use these frequencies to communicate with XM—5 for the purposes of providing TT&C during the requested 30—day period. | The proposed TT&C and testing will not cause harmful interference to the operations of any other spacecraft. The Sirius XM Parties will follow industry practices for coordinating TT&C transmissions during relocation. If any interference occurs during the drift, the Sirius XM Parties will take all reasonable steps to eliminate it. There are no satellites using either S—band or X—band frequencies within two degrees of 80° W.L. XM Radio does not share S—band spectrum with other satellite systems (except its affiliate, Satellite CD Radio), and the SDARS downlink frequencies are not subject to two degree spacing rules. The proposed testing and TT&C will also not result in harmful interference to regularly authorized terrestrial operations. Call sign EO40204 has been fully coordinated with terrestrial licensees for the frequencies and EIRP levels proposed for use here, and the Sirius XM Parties will not exceed the previously—coordinated parameters during the proposed testing. Call sign E080168 has been coordinated with terrestrial licensees for operations in the 7025—7072.5 MHz band with a geostationary satellite positioned at the nominal 96° W.L. orbital location. Although not contemplated in the original frequencies and orbital are for which this station was coordinated, the temporary operation of call sign EO80168 with XM—5 as proposed herein does not pose a material risk of interference. The EO80168 antenna is located at the same facility in Ellenwood as call sign EO40204, and as noted above, that station has been fully coordinated with terrestrial licensees for the frequencies and EIRP levels proposed for use here. The TT&C transmissions using the antenna licensed under EO80168 will take place in frequencies and at powerlevels for which E040204 has been coordinated. Accordingly, no

additional coordination should be required to permit temporary use of the E080168 antenna during the brief period of the requested STA.5 In addition, and in any event, the Sirius XM Parties will conduct all testing on a non—harmful interference basis, and will cease transmissions promptly in the event any harmful interference is caused by such operations. XM Radio and Sirius XM hereby certify 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. § 862. To the extent necessary, the Sirius XM Parties seek a waiver of Section 25.203(c) to permit temporary use of call sign EO80168 for TT&C operations with XM—5 as described herein without the requirement to conduct a prior coordination with terrestrial licensees or applicants. Grant of a waiver is justified here because it would not conflict with the underlying purpose of the rule‘s coordination requirement. See Pand4mSat Licensee Corp., 17 FCC Red 10483, 10492 (Sat. Div. 2002) ("the Commission may grant a waiver of its rules in a particular case if the relief requested would not undermine the policy objective of the rule in question and would otherwise serve the public interest") (footnotes omitted). Here, the purpose of the rule is to avoid interference to terrestrial licensees, and that purpose is achieved because the antenna to be used is co—located with facilities that have previously been coordinated with terrestrial licensees for the frequencies and power levels proposed.

For the foregoing reasons, XM Radio and Sirius XM respectfully request special temporary authority for a period of up to 30 days commencing ten days after launch of XM—5 to test XM—5 and perform associated TT&C functions. Grant of the requested authority will serve the public interest by facilitating XM Radio‘s ability to evaluate the pei’formance of the XM—5 space station and will not result in harmful interference to any other regularly authorized operations. Respectfully submitted, XM Radio Inc. Sirius XM Radio Inc. /s/ James S. Blitz /s/ Patrick L. Donnelly James S. Blitz Patrick L. Donnelly Vice President, Regulatory Counsel Executive Vice President XM Radio Inc. Sirius XM Radio Inc. 1500 Eckington Place, NE 1221 Avenue of the Americas, 36" Floor Washington, D.C. 20002 . New York, NY 10020 (202) 380—4000 (212) 584—5100 Of Counsel Karis A. Hastings Hogan Lovells US LLP 555 13"" Street, N.W. Washington, D.C. 20004—1109 Tel: (202) 637—5600 Dated: September 17, 2010


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