Application Form [pdf]

This document pretains to SES-LIC-20040426-00603 for License on a Satellite Earth Station filing.

IBFS_SESLIC2004042600603_369963

Approved by OMB 3060−0678 Date & Time Filed: Apr 22 2004 3:27:02:840PM File Number: SES−LIC−INTR2004−00839 Callsign/Satellite ID: APPLICATION FOR EARTH STATION AUTHORIZATIONS FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Application for Atlanta Earth Station 1−8. Legal Name of Applicant Name: XM Radio Inc. Phone Number: 202−380−4000 DBA Fax Number: 202−380−4500 Name: Street: 1500 Eckington Place, NE E−Mail: lon.levin@xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 − Attention: Lon C Levin 1

9−16. Name of Contact Representative (If other than applicant) Name: David Konczal Phone Number: (202) 663−8432 Company: Shaw Pittman LLP Fax Number: (202) 663−8007 Street: 2300 N Street, NW E−Mail: david.konczal@shawpittman.com City: Washington State: DC Country: USA Zipcode: 20037−1128 Contact Relationship: Legal Counsel Title: CLASSIFICATION OF FILING 17. Choose the button next to the b. classification that applies to this filing for b1. Application for License of New Station both questions a. and b. Choose only one b2. Application for Registration of New Domestic Receive−Only Station for 17a and only one for 17b. (N/A) b3. Amendment to a Pending Application a. (N/A) b4. Modification of License or Registration a1. Earth Station (N/A) b5. Assignment of License or Registration (N/A) b6. Transfer of Control of License or Registration (N/A) a2. Space Station (N/A) b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive−Only Station Using Non−U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non−U.S. Licensed Satellite to Provide Service in the United States b10. Other (Please specify) b11. Application for Earth Station to Access a Non−U.S.satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States. 2

17c. Is a fee submitted with this application? If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). Governmental Entity Noncommercial educational licensee Other(please explain): 17d. Fee Classification BAX − Fixed Satellite Transmit/Receive Earth Station 18. If this filing is in reference to an 19. If this filing is an amendment to a pending application enter: existing station, enter: (a) Date pending application was filed: (b) File number of pending application: (a) Call sign of station: Not Applicable Not Applicable Not Applicable TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: a. Fixed Satellite b. Mobile Satellite c. Radiodetermination Satellite d. Earth Exploration Satellite e. Direct to Home Fixed Satellite f. Digital Audio Radio Service g. Other (please specify) 3

21. STATUS: Choose the button next to the applicable status. Choose 22. If earth station applicant, check all that apply. only one. Using U.S. licensed satellites Common Carrier Non−Common Carrier Using Non−U.S. licensed satellites 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these facilities: Connected to a Public Switched Network Not connected to a Public Switched Network N/A 24. FREQUENCY BAND(S): Place an "X" in the box(es) next to all applicable frequency band(s). a. C−Band (4/6 GHz) b. Ku−Band (12/14 GHz) c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 7042.000 Frequency Upper: 7075.000 TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. a. Fixed Earth Station b. Temporary−Fixed Earth Station c. 12/14 GHz VSAT Network d. Mobile Earth Station (N/A) e. Geostationary Space Station (N/A) f. Non−Geostationary Space Station g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: Choose only one. Transmit/Receive Transmit−Only Receive−Only N/A 4

PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an ’X’ in the box(es) next to all that apply.) Not Applicable ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendmenthave a significant Yes No environmental impact as defined by 47 CFR 1.1307? If YES, submit thestatement as required by Sections 1.1308 and 1.1311 of the Commission’s rules,47 C.F.R. §§ 1.1308 and 1.1311, as an exhibit to this Rad Haz application.A Radiation Hazard Studymust accompany all applications for new transmitting facilities, major modifications,or major amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30−34. 29. Is the applicant a foreign government or the representative of any foreign government? Yes No N/A 30. Is the applicant an alien or the representative of an alien? Yes No N/A 5

31. Is the applicant a corporation organized under the laws of any foreign government? Yes No N/A 32. Is the applicant a corporation of which more than one−fifth of the capital stock is owned of record or voted by Yes No N/A aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than Yes No N/A one−fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the Applicant request any waivers or exemptions from any of the Commission’s Rules? Yes No If Yes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. 6

36. Has the applicant or any party to this application or amendment had any FCC station authorization or license Yes No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? If Yes, attach as an exhibit, an explination of circumstances. 37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling Yes No the applicant ever been convicted of a felony by any state or federal court? If Yes, attach as an exhibit, an explination of circumstances. 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, Yes No guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition?If Yes, attach as an exhibit, an explanation of circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending Yes No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 7

40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer’s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer. 41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is Yes No subject 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. 42a. Does the applicant intend to use a non−U.S. licensed satellite to provide service in the United States? If Yes, Yes No answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station?N/A 8

43. Description. (Summarize the nature of the application and the services to be provided). (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 Radio’) seeks authority to operate a fixed, transmit/receive earth station tranmsitting in the X−band and receiving in the S−band. The earth station is being hosted and collocated at PanAmSat’s Ellenwood, Georgia teleport. The earth station comprises two 7.2 meter antennas for the purpose of backing up XM Radio’s primary uplink CERTIFICATION The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 44. Applicant is a (an): (Choose the button next to applicable response.) Individual Unincorporated Association Partnership Corporation Governmental Entity Other (please specify) 9

45. Name of Person Signing 46. Title of Person Signing Lon C. Levin Senior Vice President 47. Please supply any need attachments. 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). 10

SATELLITE EARTH STATION AUTHORIZATIONS FCC Form 312 − Schedule B:(Technical and Operational Description) FOR OFFICIAL USE ONLY Location of Earth Station Site E1: Site Identifier: Atlanta E5. Call Sign: N/A E2: Contact Name Ronald C. Busch E6. Phone (404) 381−2000 Number: E3. Street: 2875 Fork Creek E7. City: Ellenwood Church Road E8. County: Clayton E4. State GA E9. Zip Code 30294 E10. Area of Operation: N/A E11. Latitude: 33 °39 ’51.0 "N E12. Longitude: 84 °16 ’24.0 "W E13. Lat/Lon Coordinates are: NAD−27 NAD−83 N/A E14. Site Elevation (AMSL): 244.0 meters 11

E15. If the proposed antenna(s) operate in the Fixed Satellite Service (FSS) with geostationary satellites, do(es) the proposed antenna(s) comply with the antenna gain patterns specified in Section 25.209(a) and (b) as demonstrated Yes No N/A by the manufacturer’s qualification measurement? If NO, provide as a technical analysis showing compliance with two−degree spacing policy. E16. If the proposed antenna(s) do not operate in the Fixed Satellite Service (FSS), or if they operate in the Fixed Satellite Service (FSS) with non−geostationary satellites, do(es) the proposed antenna(s) comply with the antenna Yes No N/A gain patterns specified in Section 25.209(a2) and (b) as demonstrated by the manufacturer’s qualification measurements? E17. Is the facility operated by remote control? If YES, provide the location and telephone number of the control point. Yes No E18. Is frequency coordination required? If YES, attach a frequency coordination report as Yes No E19. Is coordination with another country required? If YES, attach the name of the country(ies) and plot of coordination contours as Yes No E20. FAA Notification − (See 47 CFR Part 17 and 47 CFR part 25.113(c)) Where FAA notification is required, have you attached a copy of a completed FCC Form 854 and or the FAA’s study regarding the potential hazard of the Yes No structure to aviation? FAILURE TO COMPLY WITH 47 CFR PARTS 17 AND 25 WILL RESULT IN THE RETURN OF THIS APPLICATION. POINTS OF COMMUNICATION Satellite Name: OTHERIf you selected OTHER, please enter the following: 12

E21. Common Name: XM−3 E22. ITU Name: N/A E23. Orbit Location: 85W E24. Country: USA Satellite Name: OTHERIf you selected OTHER, please enter the following: E21. Common Name: XM−Roll E22. ITU Name: USASAT−28F E23. Orbit Location: 115W E24. Country: USA Satellite Name: PERMITTED LISTIf you selected OTHER, please enter the following: E21. Common Name: Alsat E22. ITU Name: E23. Orbit Location: E24. Country: Satellite Name: OTHERIf you selected OTHER, please enter the following: E21. Common Name: XM−4 E22. ITU Name: N/A E23. Orbit Location: 115W E24. Country: USA Satellite Name: OTHERIf you selected OTHER, please enter the following: E21. Common Name: XM−Rock E22. ITU Name: USASAT−28G E23. Orbit Location: 115W E24. Country: USA Satellite Name: OTHERIf you selected OTHER, please enter the following: E21. Common Name: XM−Roll E22. ITU Name: USASAT−28F E23. Orbit Location: 85W E24. Country: USA POINTS OF COMMUNICATION (Destination Points) E25. Site Identifier: 13

E26. Common Name: E27. Country: ANTENNA Site ID E28. Antenna Id E29. Quantity E30. E31. Model E32. Antenna E41/42. Antenna Manufacturer Size<meters> GainTransmint and/or Recieve (____dBi at _____GHz) Atlanta AX31/AX32 2 VertexRSI 7.2 KPCX/KPXX 7.2 42.1 dBi at 2 52.4 dBi at 7 E28. Antenna E33/34. E35. Above E36. Above Sea E37. Building E38. Total E39. E40. Total Id Diameter Ground Level<BR> Height Above Input Power at Maximum EIRP for al Minor/Major Level<BR> (meters) Ground antenna Antenna Height carriers<BR> (meters) (meters) Level<BR> flange<BR> Above (dBW) (meters) (Watts) Rooftop<BR> (meters) AX31/AX32 7.2/7.2 8.2 252.2 0.0 363.0 0.0 78.0 FREQUENCY E28. Antenna Id E43/44. E45. T/R Mode E46. Antenna E47. Emission E48. Maximum E49. Maximum Frequency Bands Polarization(H,V, Designator EIRP per Carrier ERIP Density per (MHz) L,R) (dBW) Carrier (dBW/4kHz) AX31/AX32 2332.500 R Right Hand 100KG2DCF 0.0 0.0 2345.000 Circular 14

E50. Modulation and Services (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Telemetry AX31/AX32 2332.500 R Left and Right 1M84G1EDW 0.0 0.0 2345.000 Circular E50. Modulation and Services (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Audio Content, Ancillary Data, QPSK AX31/AX32 7042.600 T Left Hand Circular 800KF2DCF 74.0 51.0 7074.400 E50. Modulation and Services (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Command and Ranging AX31/AX32 7056.845 T Left and Right 1M84G1EDW 78.0 51.4 7074.869 Circular 15

E50. Modulation and Services (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Audio Content, Ancillary Data, QPSK FREQUENCY COORDINATION E28. E51. Satellite E52/53. E54/55. E56. Earth E57. E58. Earth E59. E60. Antenna Id Orbit Type Frequency Range of Station Antenna Station Antenna Maximum Limits(MHz) Satellite Arc Azimuth Elevation Azimuth Elevation EIRP Density E/W Limit Angle Angle Angle Angle toward the Eastern Limit Eastern Limit Western Western Horizon Limit Limit (dBW/4kHz) AX31/AX32 Geostationary 2332.500 80.0/ 115.0 172.3 50.6 227.0 38.9 0.0 2345.000 Geostationary 7042.000 80.0/ 115.0 172.3 50.6 227.0 38.9 −11.75 7075.000 REMOTE CONTROL POINT LOCATION E61. Call Sign E65. Phone Number NOTE: Please enter the callsign of the controlling station, not the callsign for which this application is being filed. E62. Street Address E63. City E67. County E64/68. E66. Zip Code State/Country / 16

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 jboley@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. 17

43. Description. (Summarize the nature of the application and the services to be provided). XM Radio Inc. (’XM Radio’) seeks authority to operate a fixed, transmit/receive earth station tranmsitting in the X−band and receiving in the S−band. The earth station is being hosted and collocated at PanAmSat’s Ellenwood, Georgia teleport. The earth station comprises two 7.2 meter antennas for the purpose of backing up XM Radio’s primary uplink earth station located in Washington, DC. The earth station will uplink programming to XM Radio’s satellites for transmission to XM Radio’s SDARS subscribers. The earth station will also serve as backup TT&C support for XM Radio’s existing satellites (Call Signs S2118 (XM−Roll) and S2119 (XM−Rock)) and follow−on satellites (including Call Signs S2617 (XM−3) and S2616 (XM−4)) and also be used for in− orbit testing of XM Radio’s follow−on satellites. 18


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