Attachment XM Radio - Grant Oct

XM Radio - Grant Oct

DECISION submitted by IB,FCC

Grant

2011-10-06

This document pretains to SAT-STA-20110919-00184 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011091900184_920114

$2786 . SAT-STA-20110919-00184 file s# SDT— Sih— 20110919— oo 84 1B2011004333 XM Radio LLC XM—5 Call Sign S218@ GrantDate 10/06 /11 (or other identifier) . Term Dates PefCd Of Approved by OMB From_10/O/ To: 30 days 3060—0678 Date & Time Filed: Sep 19 2011 5:51:07:746PM Bureau Approved: *ewithcend tions J. Dual! 7 File Number: SAT—STA—20110919—00184 t _ Callsign: Cmef, Sateilite Policy Barch 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 conduct tests 1. Applicant Name: XM Radio LLC Phone Number: 202—380—4000 DBA Name: Fax Number: 202—380—4500 Street: 1221 Avenue of the Americas E—Mail: James.Blitz@siriusxm.com 36th Floor City: New York State: NY Country: USA Zipcode: 10020 — Attention: James S. Blitz

Attachment to Grant Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20110919—00184 The request of XM Radio LLC (formerly known as XM Radio Inc.) for special temporary authority (STA), File No. SAT—STA—20110919—00184, as supplemen’(ed,1 to activate the communications payload of its Satellite Digital Audio Radio Service (SDARS) space station, XM—5 (Call Sign $2786), at the 85.15° W.L orbital location for performance testing purposes in the 2320—2345 MHz (space—to—Earth) frequency band is granted for a period of up to 30 days, commencing on October 10, 2011. Operations under this STA are 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 and do not include the provision of commercial services. Operations under this STA shall comply with conditions 5, 6, and 7 of the current authorization for the operations of XM—5 at 85.15° W.L., IBFS File No. SAT—MOD—20101216—00264 (granted March 8, 2011). 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. Tile # SBT—Sth— 20l109|9— 00184 Call Sign $2ZT8G Grant Date_160 /06 /11 (or other identifier) o Term Dates peviod of From 'O/'O/“ To: 30 Aa&_s_ cauu |4 Approved: A 3e with ds Se ' 3. Duall Chief; Sateiile Policy Branch \ See Letter from Karis A. Hastings, Counsel for XM Radio LLC, to Ms. Marlene H. Dortch, Secretary, Federal Communications Commission, dated October 4, 2011.

2. Contact Name: Karis A. Hastings Phone Number: 202—599—0975 Company: SatCom Law LLC Fax Number: Street: 1317 F Street, NW., Suite 400 E—Mail: karis@satcomlaw.com City: Washington State: DC Country: USA Zipcode: 20004 — Attention: Relationship: Legal Counsel (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). g34 Governmental Entity 3 Noncommercial educational licensee 4 Other(please explain): 4b. Fee Classification —CRY — Space Station (Geostationary) 5. Type Request g£4 Change Station Location «4 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 LLC requests authority for 30 days beginning October 10, 2011 to activate the XM— 5 communications payload in order to conduct performance testing. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject ) Yes g4 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: 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 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 LaAW 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 LLC and Call Sign $2786 SIRIUS XM RADIO INC. Call Signs E080168 & E990291 For Special Temporary Authority to Perform Tests with XM—5 REQUEST FOR SPECIAL TEMPORARY AUTHORITY XM Radio LLC ("XM Radio") and its parent company 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 commencing on October 10, 2011 to permit testing of the XM—5 space station at 85.15° W.L. using earth stations in Ellenwood, Georgia and Vernon, New Jersey. XM—5 is an in—orbit spare spacecraft launched in October 2010. The Sirius XM Parties seek authority to test the performance of XM— 5 under two scenarios in which XM—5 might be needed to provide primary service. First, the parties propose to test how XM—5 would perform in the event the satellite needed to be activated in lieu of Sirius XM‘s FM—5 or of its nongeostationary HEO constellation. Second, they plan to assess the transmission performance of XM—5 in the satellite frequency bands used for the legacy XM Radio terrestrial repeaters. Grant of the requested authority will serve the public interest by permitting the Sirius XM Parties to better prepare for and respond to possible future circumstances that would require use of XM—5. | Specifically, the Sirius XM Parties request authority to operate the communications payloads of XM—5 at 8$5.15° W.L. and authority for the Sirius XM earth stations EQ80168 and E990291 to communicate with XM—5 for purposes of performing the tests. In

addition to the two Sirius XM earth stations, XM Radio‘s earth station E040204 will also be used for the planned tests. No STA is required for that facility because it is already authorized to communicate with XM—5 at 85.15° W.L.,1 and the proposed operations will conform to the earth station‘s license terms. 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 S‘cates.2 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 LLC,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: S2616), FM—1, FM—2, FM—3 (Call Sign: $2105), or FM—5 (Call Sign: $2710) 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 See File No. SES—MOD—20101022—01324, grant—stamped Jan. 4, 2011. Transmissions from earth station E040204 to XM—5 will conform to the terms of the E040204 license. See File No. SAT—LOA—20090217—00025 (Call Sign $2786), grant—stamped Aug. 31, 2009. See id. Id., Attachment at « 2.

20 5 . . . performance characteristics. Further tests were performed earlier this year to allow evaluation of XM—5‘s ability to provide substitute capacity in the event of an anomaly affecting XM-3.6 The Sirius XM Parties now propose to conduct further tests of XM—5‘‘s performance. The first set of tests will simulate the conditions that would apply in the event XM—5 was needed to restore capacity because of an anomaly affecting the FM—5 space station or the Sirius XM HEO constellation. For these tests, XM—5 will transmit at 2322.93 MHz. The uplink signals for this sét of tests will be at 7062.29 MHz and originate from the Sirius XM earth stations in Ellenwood (Call Sign EQ80168) and Vernon (Call Sign E990291). The second set of tests will allow evaluation of the transmission performance of XM—5 in the satellite frequency bands used for the legacy XM Radio terrestrial repeaters. XM—5 will transmit at 2337.49 MHz and 2340.02 MHz. The uplink signals for this set of tests will be at 7056.89 MHz and 7059.42 MHz and will originate from the XM Radio earth station in Ellenwood (Call Sign EO040204). The proposed testing will not cause harmful interference to the operations of any other spacecraft. XM Radio operates the only satellites using either S—band or X—band frequencies located within two degrees of 85.15° 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 earth stations that will communicate with XM—5 have been See File No. SAT—STA—20100917—00194, grant—stamped Oct. 22, 2010 (authorizing positioning of XM—5 at 80° W.L. and testing at that location). °6 See File Nos. SAT—STA—20110103—00001, grant—stamped Jan. 13, 2011 & SAT—STA— 20110624—00121, grant—stamped July 14, 2011.

coordinated with terrestrial licensees for the frequencies and EIRP levels proposed for use here. The Sirius XM earth stations (Call Signs E080168 and £990291) were not specifically coordinated for operations with a geostationary satellite located at 85.15° W.L. However, these stations were coordinated for communications with the nongeostationary satellite fleet operated . . . 7 on . by Satellite CD Radio, involving a range of antenna orientations. Sirius XM will not exceed the previously—coordinated parameters during the proposed testing. Accordingly, no additional coordination should be required to permit temporary use of the E080168 and E990291 antennas during the brief period of the requested STA.8 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. ‘ Furthermore, Call Sign E080168 is located at the same facility in Ellenwood as Call Sign EQ40204, and as noted above, that station has been fully coordinated with terrestrial licensees for the frequencies and EIRP levels proposed for use here. To the extent necessary, the Sirius XM Parties seek a waiver of Section 25.203(c) to permit temporary use of call signs E080168 and E990291 for 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 antennas to be used have previously been coordinated with terrestrial licensees for the frequencies and power levels proposed and for operations with a nongeostationary satellite fleet.

For the foregoing reasons, XM Radio and Sirius XM respectfully request special temporary authority for a period of up to 30 days commencing on October 10, 2011 to conduct the tests described herein. Grant of the requested authority will serve the public interest by facilitating XM Radio‘s ability to evaluate the performance of the XM—5 space station and will not result in harmful interference to any other regularly authorized operations. Respectfully submitted, XM Radio LLC ._ Sirius XM Radio Inc. /s/ James S. Blitz s/ James S. Blitz James S. Blitz James S. Blitz Vice President, Regulatory Counsel Vice President, Regulatory Counsel XM Radio LLC 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 SatCom Law LLC 1317 F Street, NW., Suite 400 Washington, D.C. 20004 (202) 599—0975 Dated: September 19, 2011

SatCom Law LLC 1317 F St. NW, Suite 400 Washington, D.C. 20004 Law T 202.599.0975 www .satcomlaw.com October 4, 2011 By Electronic Filing Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW. Washington, D.C. 20554 Re: Frequency Correction for XM Radio LLC STA Request File No. SAT—STA—20110919—00184, Call Sign $2786 Dear Ms. Dortch: XM Radio LLC ("XM Radio"), by its attorneys, hereby updates the above—referenced request for special temporary authority (the "STA Request") to correct a typographical error with respect to one of the frequencies specified for testing operations. As the STA Request explains, XM Radio and its parent company Sirius XM Radio Inc. ("Sirius XM") plan to conduct certain tests using XM Radio‘s XM—5 space station beginning on October 10, 2011. The first set of tests will simulate the conditions that would apply in the event XM—5 was needed to restore capacity because of an anomaly affecting the Sirius XM FM—5 space station or the Sirius XM HEO constellation. See STA Request, Narrative at 3. The STA Request stated that during these tests XM—5 would transmit at 2322.93 MHz. /d. The correct frequency, however, is 2322.293 MHz — a digit was mistakenly omitted when the application was prepared. Accordingly, XM Radio hereby advises the Commission that it plans to use 2322.293 MHz instead of 2322.93 MHz for the downlink signals for this set of tests. Substitution of this frequency is consistent with the public interest and will not result in harmful interference. The substituted frequency is within the range of frequencies covered by the XM—5 license.

Ms. Marlene H. Dortch —2— October 4, 2011 Accordingly, XM Radio respectfully requests that the Commission update its records relating to the STA Request to reflect the change in frequency described herein. Please let me know if you have any questions regarding this matter. Respectfully submitted, /s/ Karis A. Hastings Karis A. Hastings Counsel for XM Radio LLC karis@satcomlaw.com Co: Stephen Duall Jay Whaley


Document Created: 2011-10-06 13:48:29
Document Modified: 2011-10-06 13:48:29
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