Attachment XM Radio - Grant jan

XM Radio - Grant jan

DECISION submitted by IB,FCC

gr

2011-01-13

This document pretains to SAT-STA-20110103-00001 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011010300001_860798

$2786 SAT—STA—20110103—00001 182011000002 [ File # SAT— Sih— 201160103— 60601 XM Radio Inc. | XM—5 | | Calt Sign 2786 Grant Date_Q_\_/_E5_/_'l___ ther identifier oo c t Torm Dates Period cf Approved by OMB ols y | From o\ /13/1 To: _<0 Jdays_ 3060—0678 1EVQ j / 1 {1 MA Date & Time Filed: Jan 3 2011 2:56:36:436PM 1 Bureau | Approved: ‘/k%l[ié/L/// File Number: SAT—STA—20110103—00001 igih cmash cns | Sstephey‘y 3. .DuCa\_'_ . Callsign: f Chief Safellite folicg 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: XM—5 (Call Sign $2786) 30—Day STA to Activate Communications Payload 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: PC 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—20110103—00001 The request of XM Radio Inc. (XM Radio) for special temporary authority (STA), File No. SAT—STA— 20110103—00001, to activate the communications payload of the XM—5 space station (Call Sign $2786), an in—orbit spare, at the 85.2° W.L orbital location for testing purposes is granted for a period of up to 30 days, commencing on January 13, 2011. Accordingly, XM Radio is authorized to operate the communications payload on XM—5 to provide Satellite Digital Audio Radio Service (SDARS) using the 2332.5—2345.0 MHz (space—to—Earth) frequency band. Operation under this STA is for the sole purpose of evaluating XM—5‘s ability to provide replacement capacity in the event of an outage of the primary space stations that it supports. 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. In the event of any harmful interference as a result of the operations of XM —5 at 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. XM Radio shall coordinate its operations of XM—5 with existing geostationary satellites to ensure that no unacceptable interference results from its operations at the 85.2° W.L orbital location. XM Radio shall maintain the XM—5 space station within an east/west longitudinal station—keeping tolerance of + 0.05 degrees of the 85.2° W.L. orbital location. 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 will constitute formal acceptance of the authorization as conditioned. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.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. File # _SAPT—STD—20110103— AOco| Call Sign $2786 GrantDate_OV/13/11 (or other identifier) { Term Dates Périod of From_O\/13/11 To 30 days ureau j Approved: /%/JW(% *usdh condifions 3!\{9&“5. Saall Cmef, Setellite Po\‘\c\‘j 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). «y Governmental Entity g3 Noncommercial educational licensee (e: Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request C Change Station Location {3 Extend Expiration Date 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. requests a 30—day STA, commencing January 13, 2011, to activate the communications payload of XM—5 (Call Sign §$2786) at 85.2 W.L. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes C No to a denial of Federal beneffits 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 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@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.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Application by N/ N/ N/ N/ N/A N/ XM RADIO INC. Call Sign $2786 For Special Temporary Authority to Activate XM—5 REQUEST FOR SPECIAL TEMPORARY AUTHORITY By this épplication, XM Radio Inc. ("XM Radio”),1 respectfully requests special temporary authority ("STA") for a period of up to 30 days, commencing January 13, 2011, to permit XM Radio to activate the communications payloads of its XM—5 satellite at 85.2° W.L. XM—5 is a recently—launched in—orbit spafe spacecraft. XM Radio proposes to transmit for a limited period using XM—5 in lieu of XM—3, one of XM Radio‘s primary operating spacecraft, for testing purposes. Grant of the requested authority will permit XM Radio to evaluate the performance of XM—5 to provide replacement capacity in the event XM—5 is needed for primary service to respond to an outage. XM—5 was launched on October 14, 2010, and 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 ‘ XM Radio is a wholly—owned subsidiary of Sirius XM Radio Inc. ("Sirius XM"). iSee File No. SAT—LOA—20090217—00025 (Call Sign $2786), grant—stamped Aug. 31, 2009.

services of XM Radio‘s affiliate, Satellite CD Radio.3 The XM—5 license authorizes activation of the satellite‘s communications payloads only "in the event of a service outage of the XM—3 (Call Sign: $2617), XM—4 (Call Sign: $2616), FM—1, FM—2, FM—3 (Call Sign: $2105), or FM—5 (Call Sign: S2710) space stations."" Immediately following launch, XM Radio performed a series of in—orbit payload tests of XM—5 while the satellite was temporarily located at 80° W.L. to assess the spacecraft‘s performahce characteristics.5 Now that XM—5 is positioned at 85.2° W.L., its licensed location adjacent to XM—3‘s position at 85.083° W.L., XM Radio proposes to test XM—5‘s performance in a situation that accurately tracks the conditions that would apply in the event XM—5 was needed to restore capacity because of a problem with XM—3. By performing these tests, XM Radio will be better prepared if a future outage requires activation of the XM—5 satellite. During the testing period, XM Radio‘s existing feeder link earth stations in Washington, D.C. (Call Sign E0O00158) and Ellenwood, GA (Call Sign E040204) will transmit See id. Id., Attachment at [ 2. iSee File No. SAT—STA—20100917—00194, grant—stamped Oct. 22, 2010 (authorizing positioning of XM—5 at 80° W.L., testing at that location, and drift to 85.2° W.L. following completion of testing).

6 programming to XM—5 rather than to XM—3. The temporary change is expected to have no impact on listeners of XM Radio‘s satellite radio ne‘cwork.7 The proposed testing will not cause harmful interference to the operations of any other spacecraft. There are no satellites usi‘ng either S—band or X—band frequencies within two degrees of 85.2° 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 will also not result in harmful interference to regularly authorized terrestrial operations. The feeder link earth stations that will be communicating with XM—5 have been coordinated with terrestrial licensees for the frequencies and EIRP levels proposed for use here, and the coordination covers a range of orbital locations that includes 85.2° W.L.8 XM Radio will not exceed the previously—coordinated parameters during the proposed testing; its feeder link earth stations will simply be communicating with XM—5 for a brief period instead of the neighboring XM—3 spacecraft. For the foregoing reasons, XM Radio respectfully requests special temporary authority for a period of up to 30 days commencing January 13, 2011 to activate the XM—5 XM Radio has sought modification of the licenses for the feeder link sites in order to add XM—5 at 85.2° W.L., among other changes. See File Nos. SES—MOD—20101022—01323 (E0O00158) & SES—MOD—20101022—01324 (EO40204). Those applications appeared on public notice as accepted for filing on November 24, 2010, see Report No. SES—01297 (Nov. 24, 2010) at 9—11, and no party filed comments on the applications. This test involves only temporary substitution of XM—5 for XM—3 using the SDARS frequencies assigned to XM—3. XM Radio is not seeking authority here to operate XM—5 on the frequencies assigned to the Satellite CD Radio fleet. See Exhibit B to File Nos. SES—MOD—20101022—01323 (E000158) & SES—MOD—20101022— 01324 (EO40204).

communications payloads to provide service in lieu of XM—3. Grant of the requested authority will serve the public interest by facilitating XM Radio‘s ability to evaluate the performance of theXM—5 space station and will not result in harmful interference to any other regularly authorized operations. Respectfully submitted, XM Radio Inc. /s/ James S. Blitz James S. Blitz Vice President, Regulatory Counsel XM Radio Inc. 1500 Eckington Place, N.E. Washington, D.C. 20002 (202) 380—4000 Karis A. Hastings Hogan Lovells US LLP 555 Thirteenth Street, N.W. Washington, D.C. 20004 (202) 637—6400 Counsel for XM Radio Inc. January 3, 2011


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