Attachment XM Radio - Grant may

XM Radio - Grant may

DECISION submitted by IB,FCC

Grant

2011-05-11

This document pretains to SAT-STA-20110303-00046 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011030300046_888906

File #_SANT— STA—2011 03603— 000 Ub SAT—STA—20110303—00046 1B2011000665 XM RADIO INC. Call Sign Grant Date_O5/1\ /1) (or other identifier) Approved by OMB TcrmDatcs peried of 3060—0678 From 03/'5/” %@fi) Date & Time Filed: Mar 3 2011 5:16:27:926PM & \lproved: File Number: SAT—STA—20110303—00046 e wfi(fl'\ Cmdl fioY\S' Ste 3. Duall Callsign: Ch»eF Sateilite Poh(a 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 Bulk Extension of Special Temporary Authority to Operate Terrestrial Repeaters at Various Locations for 180 Days 1. Applicant Name: XM Radio Inc. Phone Number: 212—584—5100 DBA Name: Fax Number: 212—584—5353 Street: 1221 Avenue of the Americas E—Mail: 36th Floor City: New York State: NY Country: USA Zipcode: 10020 i Attention: Patrick L. Donnelly

Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20110303—00046 Special temporary authority (STA) is granted to XM Radio Inc. (XM Radio), for a period of 180 days commencing March 15, 2011, to continue to operate Satellite Digital Audio Radio Service (SDARS) terrestrial repeaters that were previously authorized to operate in the 2332.5—2345 MHz frequency band under multiple separate grants of special temporary authority, as listed in XM Radio‘s application. This grant will not change the previously authorized technical parameters of the repeaters, each of which will operate with an effective isotropically radiated power of less than 12,000 watts (average) at various locations throughout the United States. This authorization is granted according to the technical parameters specified in XM Radio‘s application and is subject to the conditions below. 1. Any actions taken as a result of this STA are solely at the applicant‘s ownrisk. This STA shall not prejudice the outcome of the final rules adopted by the Commission in IB Docket No. 95—91. SDARS terrestrial repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the SDARS licensee‘s satellite(s) directly to the SDARS licensee‘s subscribers‘ receivers, and may not be used to distribute any information not also transmitted to all subscribers‘ receivers. Coordination of the operations of the terrestrial repeaters shall be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. The terrestrial repeaters shall comply with Part 17 of the Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures. The 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. Any SDARS terrestrial repeater operating at a power level greater than 2—watt average EIRP is required to attenuate its out—of—band emissions below the transmitter power P by a factor of not less than 90 + 10 log (P) dB in a 1—megahertz bandwidth outside the 2320—2345 MHz band, where P is average transmitter output power in watts. Any SDARS terrestrial repeater operating at a power level equal to or less than 2—watt average EIRP is required to attenuate its out—of—band emissions below the transmitter power P by a factor of not less than 75 + 10 log (P) dB in a 1—megahertz bandwidth outside the 2320—2345 MHz band, where P is average transmitter output power in watts.. This STA expires after 180 days, or on the date that permanent authority to operate the covered repeater operations becomes effective, whichever occurs first. XM Radio 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. This action is taken on delegated authority pursuant to 47 C.E.R. § 0.261 and is effective upon release. Petitions for reconsideration under 47—C.F.R..§—1:106sorsapplications for review under 47 C.F.R. § 1.115 may be filed within ays of thedate of the Public Notice announcing this action. ShT— gth—20110308—000 4e | Call Sign _________ GrantDate_O5/N (or other identifier) hef! taf Torm Dates ,ng“’fimds‘ — = Frow OaAe/M To: conc lhs m) {See (o“d'fio Burcau | Approved: M M j cXhins tep . Dual Avsin corAdions %h?&%elme Pcf;‘.cq Branch

2. Contact Name: James S. Blitz Phone Number: 202—380—4000 Company: Sirius XM Radio Inc. Fax Number: 202—380—4981 Street: 1500 Eckington Place NE E—Mail: james.blitz@siriusx.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? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). C Governmental Entity C3 Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request 4 Change Station Location @ Extend Expiration P Date 3 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 bulk extension of Special Temporary Authority (STA) grants to operate multiple terrestrial repeaters at various locations across the United States for 180 days. Absent renewal, these STAs will expire on March 14, 2011. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject t Yos g3 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: Extension 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 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@fce.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 LaAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

RADIO INC. 1500 Eckington Place, N.E. Washington, D.C. 20002 Tel 202—380—4000 Fax: 202—380—4500 ~ wayw.situs.com wwwxmradio.com March 2, 2011 YVia IBFS Ms. Martene H. Dortch, Secretary Federal Communications Commission 445 12th Street, SW, Washington, D.C.: 20554 Re: XM Radio Inc. Request for Bulk Extension of Special Temporary Authority to Operate Terrestrial Repeaters at Various Locations for 180 Days FCCFile Nos. SAT—STA—20070706—00096; SAT—STA—20080303—00056; SAT— STA—20080701—00139; SAT—STA—20081002—00196; SAT—STA—20081218— 00234; SAT—STA—20050307—00056; SAT—STA—20070706—00095; SAT—STA— 20020311—00049; SAT—STA—20030325—00056; SAT—STA—20031219—00373 Dear Ms. Dortch: Pursuant to Section 25.120(b)(2) of the Commission‘s rules, 47 C.F.R. § 25.120(b)(2), XM Radio Inc. (*XM*"), a satellite tadio licensee in theSatellite Digital Audio Radio Service ("SDARS"), hereby requests—extensionof the ten above—referenced grants of Special Temporary Authority {"STA") to operate terrestrial repeaters.‘ XM requests extensionof these STA grants ‘ The Commission‘s order adopting rules for satellite radio terrestrial repeaters authorized the International Bureau "to continue to grant STAs for new or modified repeaters ... {until] any permanent authorization to operate SDARS repeaters becomes effective." Amendment of Part 27 of the Commission‘s Rules to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band; Establishment of Rules and Polices forthe Digital Audio Radio Satellite Service in the 2310—2360 MHz Frequency Band, Report and Order and Second Report and Order, 25 FCC Red 11710, at Para. 264 (2010) (the "May 20 Order"). The Commission may not grant these blanket licenses until after the newrules have been approved by the Office of Management and Budget, which has not yet occurred. See 75 Fed. Reg. 45058, 45058 (Aug. 2,

Ms. Mariene H. Dortch March 2, 2011 Page 2 to operate repeaters in the XM frequency band (2332.5—2345 MHz] at various locations across the United States, for a period of 180 days or until the Commission issues a blanketlicense for these repeaters pursuantto 47 CFR.§ 25. 144(@) whichever occurs first. Absent renewal, each of these STAs will expire on March 14, 2011.2 The May 20 Order established mechanisios to facilitatethe continued operation of repeaters under STA until the new rules were fully in effect, including directing the Bureau to provide a uniform expiration date forall such STAs: In order to effect an ofderly transition from operations under grants of STA to permanent authority to operate terrestrial repeaters, wesinstruct the International Bureau to extend all existing grants of STA for SDARS repmters for a period of 180 days from the release date ofthis Second Report and Order." The instant application asks that the Bureau grant a bulk STA extension for the ten STA authorizations identified above. XM is currently authorized to operate these repeaters pursuant to multiple STAs granted by theInternational Bureau on September 15, 2010. XM has not changed technical parameters for the repeaters sincethe original grants of the STAs and is not herein requesting modification of any of those parameters. Renewing these STAs will serve the public interest by assisting the Bureau to implement the Commission‘s directive in the May 20 Order concerning STA extensions and will enable XMto continue to provide a quality signal to its subscribers at various locations across the United States. During the time since the referenced STAs were granted, XM has not been made aware of any incidents whereits equipment has causedinterference to other radio services. None of these 2010); 76 Fed. Reg. 3892 (Jan. 21, 2011) (requesting public comment on the Part 25 information collection requirements. * Because this request is timely, pursuant to Section 1.62 ofthe Rules, the listed STAs will continue in effect without further action by the Commission until such time as the Commissiton shall make a final determination with respect to this request. See 47. CER. § 1.62. A similar Request for Bulk STA Extension is being filed for the terrestrial repeater STA grants issued the same day to Strius XM Radio Inc. * May 20 Order, at Para. 264. The May 20 Order also allows Sitins XM to request further 180 day extensions ofthis initial 180 day automatic extension "[ilnthe event blanket licenses are not issued within 180 days of the effective date ofthis Order." Id., note 615.

Ms. Marlene H. Dortch March 2, 2011 Page 3 repeaters exceed 12 kw average EJIRP, which is the maximum power level the Commuission permits in its newrules for satellite radio terrestrial repeaters.* XM will continue to comply with the conditions the Commission imposed in granting the referenced STAs to operate these repeaters. These conditions and the technical parameters of the repeaters have provided sufficient protection to other radio services. XM is submitting payment to the Federal Communications Commission in the amount of Eight Hundred Thirty Dollars ($830.00) —— the filing fee applicableto requests for STAs for geostationary ("GSO") satellites." Please direct any questions regarding this matter to the undersigned. Very truly yours, HataesS~BHitz Vice President, Regulatory Counsel co: Stephen Duall, FCC International Bureau Jay Whaley, FCC International Bureau Sankar Persaud, FCC International Bureau i 47CER. § 25.214(d)(1). The Commissionconcluded in the May 20 Order "that SDARS terrestrial repeaters can operate at an average EIRP of 12 kw with maximumPAPR of 13 dB without causing harmfual interference to WCS base station receivers." Id. at Para. 243. See International and Satellite Services Fee Filing Guide (February 2009).


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Document Modified: 2019-04-11 21:07:04
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