Attachment XM Radio - Grant Jan

XM Radio - Grant Jan

DECISION submitted by IB,FCC

Grant

2013-01-14

This document pretains to SAT-STA-20121224-00223 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2012122400223_981435

File # §DT STh— 2012 1224— 002 1B2012002945 $2786 SAT-STA-20121224-00223 XM Radio LLC Call Sign S27€6 Grant Date_O1 /14 /13 XM—5 (or other identifier) Term Dates pericd of Approved by OMB 3060—0678 From_OV/It4 /13 To: LCO da:E | rRANTED®E Date & Time Filed: Dec 24 2012 2:13:51:970PM | International Bureau | Approved: File Number: SAT—STA—20121224—00223 e with condifions St Hpugt/ is Callsign: Chief, Satellile Policy 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) Testing STA Request 1. Applicant Name: XM Radio LLC Phone Number: 202—380—1383 DBA Name: Fax Number: 202—380—4981 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

XM Radio LLC IBFS File No. SAT—STA—20121224—00223 Call Sign $2786 The application of XM Radio LLC (XM Radio) for special temporary authority (STA), IBFS File No. SAT—STA—20121224—00223, is GRANTED. XM Radio is authorized, for a period of 60 days commencing on January 14, 2012, 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. 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 as an in—orbit spare at 85.15° W.L., IBFS File No. SAT—MOD—20101216—00264 (granted March 8, 2011). Grant of this authorization is without prejudice to any determination that the Commission may make regarding Intelsat‘s pending application to modify XM—5‘s current authorization, IBFS File No. SAT—MOD—20130114—00007. This action is taken pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Tile # SBTt— Sih— 20121224— 00223 Calt Sign S$2786 Grant Date 0‘4'4/@ (or other identifiet) Term Dates period of ! From Oi/"-‘r/\éfi 3 Cw .‘io 6‘&85 International B Uf cau | Approved:.._ ¥withcondition Ste

2. Contact Name: Karis A. Hastings Phone Number: 202—599—0975 Company: SatCom Law LLC Fax Number: Street: 1317 F Street, N.W. E—Mail: karis@satcomlaw.com Suite 400 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). C Governmental Entity C Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request {} Change Station Location C 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 60 days beginning on January 11, 2013, 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 tothe application is subject @ Yes gy 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@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 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/ NNN N/ XM RADIO LLC Call Sign $2786 For Special Temporary Authority to Perform Tests with XM—5 REQUEST FOR SPECIAL TEMPORARY AUTHORITY XM Radio LLC ("XM Radio") respectfully requests space station special temporary authority ("STA") for a period of 60 days commencing on January 11, 2013, to permit testing of the XM—5 space station at 85.15° W.L. XM Radio seeks authority to test the performance of XM—5, an in—orbit spare spacecraft launched in October 2010, under scenarios in which XM—5 might be needed to provide primary service. XM Radio is preparing to file to modify the XM—5 license to remove the restrictions on activating the satellite‘s payload to facilitate future testing of XM—5‘s ability to perform its backup functions, and seeks STA pending the submission of, and action on, that modification application. Granting the requested STA will serve the public interest by permitting XM Radio to better prepare for and respond to possible future circumstances that would require use of XM—5. The Commission authorized XM—5 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, 1 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 See Call Sign $2786, File Nos. SAT—LOA—20090217—00025, grant—stamped Aug. 31, 2009, & SAT—MOD—20101216—00264, grant—stamped Mar. 8, 2011.

affiliate, Satellite CD Radio LLC.2 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: $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 performance characteristics.4 Additional tests were later performed to allow evaluation of XM— 5°s ability to provide substitute capacity in the evefit of an anomaly affecting XM—3 ° or one affecting the FM—5 space station or the Sirius XM HEO conste:llation.6 Tests were also performed to evaluate the transmission performance of XM—5 in the satellite frequency bands used for the legacy XM Radio terrestrial repeaters.7 XM Radio now proposes to conduct further tests of XM—5°s performance. The uplink signals for these tests will originate from earth stations that are authorized to communicate with XM—5. The frequencies, power levels, and other technical parameters of the satellite and earth station operations for the tests will be consistent with those set forth in the See id. 1Td., Attachment at « 2. 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). °* See File Nos. SAT—STA—20110103—00001, grant—stamped Jan. 13, 2011 & SAT—STA— 20110624—00121, grant—stamped July 14, 2011. 6 See File Nos. SAT—STA—201 10919—00184, grant—stamped Oct. 6, 2011, & SAT—STA— 20111104—00212, grant—stamped Nov. 9, 2011. iSee id.

XM—5 license and the licenses of the earth stations to be used. Thus, additional authority for the planned testing is needed only because the XM—5 license states that the satellite‘s payload cannot be activated unless there is an outage affecting another SDARS satellite. As indicated above, XM Radio is preparing an application to modify the XM—5 license to remove that limitation such that future such testing could be conducted without an STA, but seeks STA here to allow time— critical planned testing to go forward pending the submission and processing of that modification application. The proposed testing will not cause harmful interference to the operations of any other spacecraft. XM Radio operates the only satellites authorized to use either S—band or X— band frequencies located within two degrees of85.15° 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. XM Radio and its affiliate will internally coordinate frequency use among the satellites in their fleets. The proposed testing also will not result in harmful interference to regularly authorized terrestrial operations. The earth stations that will be used for the testing have been coordinated with terrestrial licensees. XM Radio will not exceed the previously—coordinated power density parameters during the proposed testing. In addition, and in any event, XM Radio 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 hereby certifies 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. For the foregoing reasons, XM Radio respectfully requests special temporary authority for a period of 60 days commencing on January 11, 2013, to conduct testing as 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 /s/ James S. Blitz Of Counsel James S. Blitz Karis A. Hastings Vice President, Regulatory Counsel SatCom Law LLC XM Radio LLC 1317 F Street, NW., Suite 400 1500 Eckington Place, N.E. Washington, D.C. 20004 Washington, D.C. 20002 (202) 599—0975 (202) 380—4000 Dated: December 24, 2012


Document Created: 2013-01-14 16:25:34
Document Modified: 2013-01-14 16:25:34
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