Attachment STA grant

This document pretains to SES-STA-20070612-00795 for Special Temporal Authority on a Satellite Earth Station filing.

IBFS_SESSTA2007061200795_596073

E040204 SES—STA—20070612—007895 182007001431 XM Radio Inc. Approved by OMB 3060—0678 APPLICATION FOR EARTH STATION SPECIAL TEMPORARY AUTHORITY APPLICANT INFORMATIONEnter a description of this application to identify it on the main menu: Request for STA to conduct TT&C operations in conjunction with the relocation of XM—2 to 85.2WL 1. Applicant Name: XM Radio Inc. Phone Number: 202—380—4000 DBA Name: Fax Number: 202—380—498 1 Street: 1500 Eckington Place, NE E—Mail: james.blitz@xmradio.com City: Washington State: DC Country: USA Zipcode: 20002 — Attention: James S. Blitz

XM Radio Inc. IBFS File No. SES—STA—20070612—00795 The request of XM Radio Inc. (XM Radio) for special temporaryauthority (STA) IS GRANTED for a period of 60 days, effective October 12, 2007, subject to the technical specifications set forth in its application, the Commission‘s rules, and the following conditions: 1. All operations shall be on a non—harmful interference basis, 7.¢., XM Radio shall not cause interference to, and shall not claim protection from interference caused to it by, any other lawfully operating satellites or radiocommunication services. In the eventthat any harmful interference is caused as a result of XM Radio‘s operations, XM to Radio shall cease operations immediately upon notification of such interference and shall inform the Commission in writing immediately of such an event.

2. Contact Name: Bruce D. Jacobs Phone Number: 202—663—8000 Company: Pillsbury Winthrop Shaw Pittman Fax Number: 202—663—8007 LLP Street: 2300 N Street NW E—Mail: bruce.jacobs@pillsburylaw.com City: Washington State: DC Country: USA Zipcode: 20037 — Attention: Relationship: Legal Counsel (If your application is related to an application filed with the Commission, enter eitherthe file number or the 1B Submission ID ofthe related application. Please enteronly one.) 3. Reference File Number or Submission ID 4a. 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.E.R.Section 1.1114). (e] Governmental Entity C Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CGX — Fixed Satellite Transmit/Receive Earth Station 5. Type Request C Use Prior to Grant C Change Station Location @ Other 6. Requested Use Prior Date

7. CityAtlanta 8. Latitude (dd mmss.s h) 33 39 51.0 N 9. State GA 10. Longitude (dd mm ss.s h) 84 16 240 W 11. Please supply any need attachments. Attachment 1: Attachment A Attachment 2: Altachment 3: 12. Description. (If the complete description does not appearin this box, please go to the end ofthe form to view it in its entirety.) XM seeks for up to sixty days special temporary authority to conduct TT&C operations in conjunction with the relocation of XM—2 from the 115.1WL orbital location to the 85. 2WL orbital location. 13. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is Yes G 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 ofa conviction for possession or distribution ofa controlled substance. See 47 CFR 1.2002(b) for the meaning of "party to the application" forthese purposes. 14. Name of Person Signing 15. Title of Person Signing James S. Blitz VP, Regulatory Counsel 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 ofinformation 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 ofthis collection via the Internet if yousend them to jboley@fee.gov. PLEASE DOQ NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember —— You are not required to respond to a collection ofinformation sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number orif we fail to provide you with this notice. This collection has been assigned an OMB control number of3060—0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACTOF 1995, PUBLIC LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Attachment A XM Radio Inc. ("XM") hereby requests immediate Special Temporary Authority ("STA") for up to sixty days to permit its earth station (call sign E040204) to conduct telemetry, tracking, and control ("TT&C") operations with the XM—2 satellite during its proposed drift from the 115.1°W.L. orbital location to the 85.2°W.L. orbital location‘ and for station—keeping operations at the $5.2°W.L. orbital location." XM seeks to locate the XM—2 satellite near XM—3, which is at the 85.1°W.L. orbital location, as soon as possible to optimize XM‘s ability to provide service to its customers through its satellite and repeater network in the event of an XM—3 outage." Accordingly, grant ofthis STA will serve the public interest because it will permit greater continuity of service to XM subscribers in the event of a service outage for XM—3. XM will only communicate with XM—2 to perform TT&C functions and will not operate the satellite‘s communications payload during the drift or at the 85.2°W.L. orbital location, unless and until XM is so authorized by the Commission. This earth station is already authorized to provide TT&C services using the frequencies needed for the drift of XM—2 and to communicate using those frequencies with satellites at the 85.2°W.L. orbital location. XM will coordinate its TT&C operations with other operators to ensure that no harmful interference results to other operators as XM—2 drifts to the 85.2°W.L. orbital location. Accordingly, grant ofthis STA request will not result in increased risk of harmful interference to any other system. ‘ See XM Radio, Inc., File No. SAT—STA—20070608—00079 (June 8, 2007). * XM intends to submit soon an application to modify its earth station license to communicate with XM—2 at the 85.2°W.L. orbital location. * See XM Radio, Inc., File No. SAT—STA—20070608—00079 (June 8, 2007), at Exhibit A.

Section 304 Waiver. In accordance with Section 304 of the Communications Act of 1934, as amended, 47 U.S.C. § 304, XM hereby waives any claim to the use of any particular frequency or ofthe electromagnetic spectrum as against the regulatory power of the United States because ofthe previous use of the same, whether by license or otherwise.

Technical Certification I, Jeffrey S. Snyder, Senior Vice President, Space Systems, of XM Radio Inc., certify under penalty of perjury that: I am the technically qualified person with overall responsibility for preparation of the technical information contained in this application for Special Temporary Authority. I am familiar with the requirements of Part 25 of the Commission‘s rules, and the information contained in the application is true and correct to the best of my knowledge and belief. Dated: June 8, 2007 40057960345


Document Created: 2007-09-28 15:22:50
Document Modified: 2007-09-28 15:22:50
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