# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+--------------------------------+-------+-----------------------------+
| In the Matter of               | )     | File Nos. EB-06-SE-148 and  |
|                                |       |                             |
| XM Radio, Inc.                 | )     | EB-06-SE-356                |
|                                |       |                             |
|                                | )     | Acct. No. 200832100062      |
|                                |       |                             |
|                                | )     | FRN No. 0007714579          |
|                                |       |                             |
|                                | )     |                             |
|                                |       |                             |
|                                | )     |                             |
+--------------------------------+-------+-----------------------------+

# ORDER

**Adopted:** July 25, 2008 **Released:** August 5, 2008

By the Commission: Chairman Martin and Commissioners Adelstein and Tate
issuing separate statements.

1.  In this Order, we adopt the attached Consent Decree entered into
    between the Federal Communications Commission ("Commission") and XM
    Radio, Inc. ("XM"). The Consent Decree terminates investigations by
    the Commission into whether (a) certain radio receivers intended for
    use with XM's satellite radio service and manufactured and marketed
    by or on behalf of XM were in compliance with Section 302(b) of the
    Communications Act of 1934, as amended, (the "Act"),[^1] and Parts 2
    and 15 of the Commission's rules;[^2] and (b) XM constructed and
    operated terrestrial repeaters without Commission authorization in
    violation of Section 25.120 of the Commission's Rules.[^3]

2.  The Commission and XM have negotiated the terms of the Consent
    Decree that resolve these matters. A copy of the Consent Decree is
    attached hereto and incorporated herein by reference.

3.  After reviewing the terms of the Consent Decree and evaluating the
    facts before us, we find that the public interest would be served by
    adopting the Consent Decree and terminating the investigations. We
    do not come to this conclusion easily. The apparently intentional
    nature of some of the violations resolved by this Order and Consent
    Decree and the apparent involvement of certain XM personnel in these
    violations are very troubling. Indeed, the ability and willingness
    to conform one's conduct to the requirements of the Commission's
    Rules are central to the qualifications of any Commission licensee.
    We must balance our concern, however, against the public's interest
    in the continued availability and viability of XM's satellite radio
    service and the impact on the public and other licensees that XM's
    violations precipitated. These considerations, taken together with
    the rigorous oversight and reporting obligations and substantial
    voluntary contribution prescribed in this Order and the Consent
    Decree, persuade us that settlement of these matters would best
    serve the public interest.

4.  In the absence of new material evidence relating to this matter,
    therefore, we conclude that our investigations raise no substantial
    or material questions of fact as to whether XM possesses the basic
    qualifications, including those related to character, to hold or
    obtain any Commission license or authorization.

5.  Accordingly, **IT IS ORDERED** that, pursuant to section 4(i) of the
    Act,[^4] the Consent Decree attached to this Order **IS ADOPTED**.

6.  **IT IS FURTHER ORDERED** that the above-captioned investigations
    **ARE TERMINATED**.

7.  **IT IS FURTHER ORDERED** that all third-party complaints against XM
    before the Commission related to the above-captioned-investigations
    as of the date of this Consent Decree **ARE DISMISSED**.

8.  **IT IS FURTHER ORDERED** that a copy of this Order and Consent
    Decree shall be sent by first class mail and certified mail, return
    receipt requested, to counsel for XM, Scott Blake Harris, Esq.,
    Harris, Wiltshire & Grannis LLP, 1200 Eighteenth St., NW,
    Washington, DC 20036 and to James S. Blitz, Esq., Vice President and
    Regulatory Counsel, 1500 Eckington Place, NE, Washington, DC
    20002-2164.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+--------------------------------+-------+-----------------------------+
| In the Matter of               | )     | File Nos. EB-06-SE-148 and  |
|                                |       |                             |
| XM Radio, Inc.                 | )     | EB-06-SE-356                |
|                                |       |                             |
|                                | )     | Acct. No. 200832100062      |
|                                |       |                             |
|                                | )     | FRN No. 0007714579          |
|                                |       |                             |
|                                | )     |                             |
|                                |       |                             |
|                                | )     |                             |
+--------------------------------+-------+-----------------------------+

**CONSENT DECREE**

The Federal Communications Commission ("Commission" or *"*FCC") and XM
Radio, Inc. ("XM"), by their authorized representatives, hereby enter
into this Consent Decree for the purpose of terminating the Commission's
investigations into whether (a) certain radio receivers intended for use
with XM's satellite radio service and manufactured and marketed by or on
behalf of XM were in compliance with Section 302(b) of the
Communications Act of 1934, as amended, (the "Act"),[^5] and Parts 2 and
15 of the Commission's rules;[^6] and (b) XM constructed and operated
terrestrial repeaters without Commission authorization in violation of
Section 25.120 of the Commission's Rules.[^7]

**I. DEFINITIONS**

1.  For the purposes of this Consent Decree, the following definitions
    shall apply:

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(a) "Act" means the Communications Act of 1934, as amended, 47 U.S.C. §
    151 *et seq.*

(b) "Adopting Order" means an Order of the Commission adopting the terms
    of this Consent Decree without change, addition, deletion, or
    modification.

(c) "Bureau" means the Enforcement Bureau of the Federal Communications
    Commission.

(d) "Commission" and "FCC" mean the Federal Communications Commission
    and all of its bureaus and offices.

(e) "Complaints" means third-party complaints that may have been
    received by, or are in the possession of, the Commission or Bureau
    alleging that certain radio receivers intended for use with XM's
    satellite radio service and manufactured and marketed by or on
    behalf of XM are not in compliance with Section 302(b) of the Act
    and Parts 2 and Part 15 of the Rules, or that XM failed to comply in
    all respects with the special temporary authority to operate its
    terrestrial repeaters granted pursuant to Section 25.120 of the
    Rules.

(f) "Compliance Plan" means the program described in this Consent Decree
    at paragraph 10.

(g) "Effective Date" means the date on which the Commission releases the
    Adopting Order.

(h) "Investigations" means (i) the investigation in File No.
    EB-06-SE-148 commenced by the Bureau's April 20, 2006 Letter of
    Inquiry[^8] into the manufacture, authorization, importation,
    distribution and marketing of the Radio Receivers; and (ii) the
    investigation in File No. EB-06-SE-356 commenced by the Bureau's
    February 15, 2007 Letter of Inquiry[^9] relating to XM's operation
    of its terrestrial repeaters.

(i) "Parties" means XM and the Commission.

(j) "Radio Receivers" means all satellite radio receivers with built-in
    wireless FM modulators manufactured, sold or distributed for use
    with XM's satellite radio service on or before the Effective Date
    under FCC ID Numbers BGAXMXP01, RS2SA10101, RS2R101, RS2SA10177,
    RS2SA10113, RS2GEX-AWARE1, RS2TXM 1000, RS2SA 10085, SICXR9,
    RS2GEXINNO1, RS2YX-M1, and RS2YP-XZC.

(k) "Rules" means the Commission's regulations found in Title 47 of the
    Code of Federal Regulations.

(l) "XM" means XM Radio, Inc. and its predecessors-in-interest and
    successors-in-interest.

**II. BACKGROUND**

2.  Pursuant to section 302(b) of the Act[^10] and Parts 2 and 15 of the
    Rules,[^11] certain radio frequency devices, including wireless FM
    modulators, must be authorized in accordance with the processes set
    forth in the Rules and comply with all applicable technical
    standards and labeling requirements prior to importation into, or
    marketing in, the United States. On April 20, 2006, the Bureau
    issued a Letter of Inquiry to XM in File No. EB-06-SE-148 initiating
    an investigation into the manufacture, authorization, importation,
    distribution and marketing of certain satellite radio receivers
    (with wireless FM modulators) intended for use with XM's satellite
    radio service.[^12]

3.  When the Commission adopted service rules for the Satellite Digital
    Audio Radio Service ("SDARS"), it recognized that some SDARS
    applicants intended to use terrestrial repeaters to improve
    reception of the service in "urban canyons" and other areas where it
    might be difficult to receive SDARS signals transmitted by
    satellite, and it sought comment on the rules that should be
    applicable to those repeaters.[^13] Pending adoption of permanent
    rules for terrestrial repeaters, the FCC has authorized repeaters
    through the grant of special temporary authority ("STA") pursuant to
    Section 25.120 of the Rules. XM filed an STA request on July 12,
    2001, to begin commercial service using its terrestrial repeater
    network, along with subsequent STAs[^14] through September 2006,
    which were granted per the specifications in XM's requests.[^15]

4.  On September 20, 2006, XM voluntarily disclosed to the Commission
    that it had constructed and was operating 479 repeaters for which it
    had not asked for authorization or which varied either slightly or
    significantly from what it was originally authorized to do and thus
    operated unauthorized and in an unlawful manner. Of the 479
    repeaters, there are 19 repeaters for which it had not asked for
    authorization, four of which continue to operate. Of the remaining
    460 repeaters, 317 of them continue to operate unauthorized and in
    an unlawful manner.[^16] Some repeaters had multiple violations.
    Specifically, there are 711 violations associated with these 460
    repeaters, 354 of which varied slightly and 357 of which varied
    significantly from what XM was originally authorized to do. There
    are 495 violations associated with the 317 variant repeaters XM
    continues to operate, 136 of which varied significantly from what XM
    was originally authorized to do and 359 of which varied slightly.
    The Enforcement Bureau ("Bureau") sent an LOI to XM on February 15,
    2007.[^17] XM submitted a response to the LOI on March 12,
    2007.[^18]

**III. TERMS OF AGREEMENT**

5.  **[Adopting Order]{.underline}.** The Parties agree that the
    provisions of this Consent Decree shall be subject to final approval
    by the Commission by incorporation of such provisions by reference
    in the Adopting Order without change, addition, modification, or
    deletion.

6.  **[Jurisdiction]{.underline}.** XM agrees that the Commission has
    jurisdiction over it and the matters contained in this Consent
    Decree and has the authority to enter into and adopt this Consent
    Decree.

7.  **[Effective Date; Violations]{.underline}.** The Parties agree that
    this Consent Decree shall become effective on the date on which the
    FCC releases the Adopting Order. Upon release, the Adopting Order
    and this Consent Decree shall have the same force and effect as any
    other Order of the Commission. Any violation of the Adopting Order
    or of the terms of this Consent Decree shall constitute a separate
    violation of a Commission Order, entitling the Commission to
    exercise any rights and remedies attendant to the enforcement of a
    Commission Order, including imposition of the maximum statutory
    forfeiture for any such violations. Similar penalties shall be
    imposed for any violation of the underlying rules at issue in this
    proceeding.

8.  **[Termination of Investigation]{.underline}.** In express reliance
    on the covenants and representations in this Consent Decree and to
    avoid further expenditure of public resources, the Commission agrees
    to terminate its investigations and dismiss the complaints. In
    consideration for the termination of said investigations and
    dismissal of the complaints, XM agrees to the terms, conditions, and
    procedures contained herein. The Commission further agrees that in
    the absence of new material evidence, the Commission will not use
    the facts developed in these investigations through the Effective
    Date of the Consent Decree, or the existence of this Consent Decree,
    to institute, on its own motion, any new proceeding, formal or
    informal, or take any action on its own motion against XM concerning
    the matters that were the subject of the investigations or with
    respect to XM's basic qualifications, including its character
    qualifications, to be a Commission licensee or hold Commission
    authorizations, *provided, however*, that the Commission may
    consider the facts in this proceeding in any future proceeding
    involving violations by XM of the same rules at issue in this
    proceeding or involving misrepresentation or lack of candor by XM in
    its dealings with the Commission.

9.  **[Terrestrial Repeaters.]{.underline}** With respect to any of the
    100 repeaters listed in Attachment C, within a period of 60 days
    from the Effective Date of this Consent Decree, XM shall cease
    operating 50 of these repeaters and must bring the remaining 50
    repeaters into compliance with the specifications that they were
    originally authorized or cease operating them. The Commission, as of
    the Effective Date of this Consent Decree, shall also grant XM's
    request for STA to operate for a period of thirty (30) days[^19]
    those repeaters for which it seeks authority listed in Attachment D.
    Concurrently, the Commission shall place on public notice XM's
    request for STA to operate these repeaters for a period of 180
    days.[^20]

10. **[Compliance Plan]{.underline}.** For purposes of settling the
    matters set forth herein, XM agrees to implement a Compliance Plan
    related to future compliance with the Act, the Commission's Rules,
    and the Commission's Orders. XM will submit a copy of the Compliance
    Plan to the Bureau prior to the Effective Date. The Plan will
    include, at a minimum, the following components:

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(a) FCC Compliance Officer. XM has hired an FCC Compliance Officer, who
    is responsible for overseeing the FCC-related aspects of the
    company's operations, ensuring XM's compliance with all FCC Rules,
    and serving as point of contact for XM management, employees, FCC
    staff, and the public with reference to XM's FCC regulatory
    compliance. The FCC Compliance Officer will report directly to XM's
    General Counsel. []{.mark}

(b) **[Equipment Design and Certification]{.underline}.** By September
    1, 2008, XM will adopt a Procedural Guide for satellite radio
    receivers ("Procedural Guide") establishing step-by-step procedures
    that XM employees must follow in connection with testing and
    obtaining FCC certification of any new radio receivers, as well as
    making any modifications to existing radio receivers where such
    changes may implicate FCC rules or certifications. XM will submit a
    copy of the Procedural Guide to the Bureau within five days of its
    adoption. In addition, XM will implement the following internal
    procedures related to equipment design and certification for radios
    intended to be sold at retail: (i) the FCC Compliance Officer will
    have ultimate responsibility over FCC testing and
    certification; (ii) authority over the design and manufacture of XM
    radio receivers will be separated from authority over FCC testing
    and certification for those radio receivers; (iii) prior to
    commencing manufacturing of commercial quantities of any devices
    governed by FCC rules, the FCC Compliance Officer will be required
    to certify directly to XM's Chief Executive Officer and General
    Counsel that such device has been designed to comply with those
    rules; and (iv) the FCC Compliance Officer will supervise the audit
    of randomly selected radio receivers manufactured for retail
    distribution in order to help ensure the continued compliance of
    those devices with FCC rules.

(c) **[Modification of Vendor Agreements]{.underline}**. XM will ensure
    that all new agreements it enters into with vendors to manufacture
    radio receivers specifically require that such devices be
    manufactured in accordance with specifications provided or approved
    by XM and in compliance with applicable FCC rules. All existing
    agreements will be conformed to similarly ensure that devices are
    manufactured in accordance with specifications provided or approved
    by XM and in compliance with applicable FCC rules.

(d) Repeater Licensing and Modifications. To ensure its compliance with
    FCC rules relating to its terrestrial repeaters, XM will adopt a
    Repeater Change Guide establishing procedures to be followed before
    any changes can be made to XM's terrestrial repeater network,
    including adding any new repeater sites or making changes to
    existing repeaters. XM will submit a copy of the Repeater Change
    Guide to the Bureau by September 1, 2008. Pursuant to the Repeater
    Change Guide, any construction or other changes to XM's repeater
    network must be approved in advance by the Senior Vice President,
    Ground Systems Engineering and the FCC Compliance Officer. Where the
    FCC Compliance Officer determines that FCC approval is needed before
    a change is made, no construction or modification may be made until
    such FCC approval is received, and pursuant to the direction of the
    Senior Vice President, Ground Systems Engineering and the FCC
    Compliance Officer.

(e) **[Compliance Training]{.underline}.** XM will establish an FCC
    Compliance Training Program for all current employees who engage in
    activities subject to FCC regulation. The training program will be
    developed and fully implemented no later than December 1, 2008. XM
    will conduct refresher training programs for relevant employees at
    least annually and will train relevant new employees within 90 days
    of their employment.

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11. **[Voluntary Contribution]{.underline}.** XM agrees that it will
    make a voluntary contribution to the United States Treasury in the
    amount of \$17,394,375. The payment will be made within thirty (30)
    days after the Effective Date. The payment must be made by check or
    similar instrument, payable to the Order of the Federal
    Communications Commission. The payment must include the Account
    Number and FRN Number referenced in the caption to the Adopting
    Order. Payment by check or money order may be mailed to Federal
    Communications Commission, P.O. Box 979088, St. Louis, MO
    63197-9000. Payment by overnight mail may be sent to U.S. Bank --
    Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
    Louis, MO 63101. Payment by wire transfer may be made to ABA Number
    021030004, receiving bank TREAS/NYC, and account number 27000001.
    For payment by credit card, an FCC Form 159 (Remittance Advice) must
    be submitted. When completing the FCC Form 159, enter the Account
    number in block number 23A (call sign/other ID), and enter the
    letters "FORF" in block number 24A (payment type code). XM will also
    send electronic notification on the date said payment is made to
    Kathy Berthot at Kathy.Berthot@fcc.gov.

12. **[Waivers]{.underline}.** XM waives any and all rights it may have
    to seek administrative or judicial reconsideration, review, appeal
    or stay, or to otherwise challenge or contest the validity of this
    Consent Decree and the Order adopting this Consent Decree, provided
    the Commission issues an Order adopting the Consent Decree without
    change, addition, modification, or deletion. XM shall retain the
    right to challenge Commission interpretation of the Consent Decree
    or any terms contained herein. If either Party (or the United States
    on behalf of the Commission) brings a judicial action to enforce the
    terms of the Adopting Order, neither XM nor the Commission shall
    contest the validity of the Consent Decree or the Adopting Order,
    and XM shall waive any statutory right to a trial *de novo*. XM
    hereby agrees to waive any claims it may otherwise have under the
    Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 1.1501
    *et seq*., relating to the matters addressed in this Consent Decree.

13. **[Radio Receivers]{.underline}.** The Commission will allow
    operation of the Radio Receivers that have been sold or distributed
    on or before the Effective Date. With regard to these existing Radio
    Receivers, XM will undertake the following efforts:

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(a) With respect to potentially non-compliant Radio Receivers purchased
    by a consumer but activated after the Effective Date, XM will use
    reasonable efforts to identify such consumers, and shortly after
    such consumer contacts the company to activate such device, offer
    such consumer at no charge to the consumer the choice, as
    appropriate, of: (1) a ferrite package, with instructions for how to
    attach the ferrites to the consumer's radio cables (including on the
    cables of radios that have been professionally installed); (2) a
    replacement cassette adaptor (for consumer whose vehicles have
    cassette players); or (3) a ferrite package and an installation kit
    with hardware to use in connection with a professional installation
    of the consumer's Radio Receiver, along with a coupon redeemable at
    no charge to the consumer for professional installation. XM will
    deliver to such consumers one of the above referenced solutions and
    a written communication to explain the benefits to consumers.

(b) Within seven (7) business days of the Effective Date, XM will
    commence sending notices to, and make substantial progress towards
    notifying, by U.S. or electronic mail, all XM subscribers with Radio
    Receivers as of the Effective Date. The notice will inform
    subscribers that the subscriber's Radio Receiver may not be in
    compliance with FCC Rules and it may interfere with others' FM radio
    reception. The notice will direct subscribers to a website or a
    toll-free customer service number for further information and to
    choose from among the following options. For each subscriber who
    uses a Radio Receiver in the wireless FM modulator mode or who uses
    a Radio Receiver that has been professionally installed, XM will
    send the subscriber at no cost to the subscriber his or her choice
    of either:

    i.  A ferrite package, with instructions for how to attach the
        ferrites to the subscriber's radio cables (including on the
        cables of radios that have been professionally installed);

    ii. A replacement cassette adaptor (for subscribers whose vehicles
        have cassette players); or

    iii. For subscribers whose vehicles do not have cassette players, a
         ferrite package and an installation kit with hardware to use in
         connection with a professional installation of the subscriber's
         radio, along with a coupon redeemable at no charge to the
         consumer for professional installation.

         Each such notice, which will be substantially in the form
         included in Attachment A, will also contain a hyperlink or an
         address to a website maintained by XM that allows subscribers
         to search for open FM frequencies by zip code. Distribution to
         subscribers of these solutions will be effected based upon
         subscriber responses and will begin within five (5) business
         days following receipt by XM, or a third party retained by XM,
         of the solutions.

(c) The website and toll-free customer service number will advise all
    subscribers using a Radio Receiver with a cassette adaptor in a
    vehicle or with an RCA cable in a fixed location that if there is a
    menu setting enabling the FM modulator to be turned "off," it should
    be turned "off" when the cassette adaptor or RCA cable is attached.

(d) XM will also provide such notice to subscribers via its website,
    subscriber newsletter and automated telephone response.

(e) XM will cause all non-compliant Radio Receivers returned by
    consumers to XM for repair or warranty claims to be modified to be
    compliant with Section 302(b) of the Act and Parts 2 and 15 of the
    rules or replaced with compliant devices.

(f) Within seven (7) business days of the Effective Date, XM will begin
    broadcasting an on-air notice regarding the Radio Receivers on a
    daily basis on high listenership news, talk and entertainment
    programming selected by XM. XM will continue such on-air notices for
    three months after the Effective Date. The Commission shall have the
    option of extending the on-air notice requirement for three
    additional months by notifying XM in writing of the need for such an
    extension one week prior to the termination of the initial three
    month period. The on-air notice shall contain in substantial form
    the information in Attachment B.

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14. **[Marketing of Radio Receivers]{.underline}**. XM agrees that every
    radio receiver that is marketed by XM in the United States on or
    after the Effective Date of this Consent Decree shall be designed to
    be compliant with Section 302(b) of the Act and Parts 2 and 15 of
    the Rules.

15. **[Compliance Reports]{.underline}**. XM will file compliance
    certifications and reports with the Commission as follows:

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(a) Beginning on September 1, 2008, and continuing at three (3)-month
    intervals thereafter until the expiration of this Consent Decree, XM
    shall provide a report detailing:

    i.  to its knowledge, the total number of Radio Receivers that
        remain activated as of the most recent date on which that
        information is available to XM;

    ii. the status of its compliance efforts set forth in paragraph 13
        and a certification that XM has provided the notices required in
        paragraph 13(b); and

    iii. any changes in the technical parameters at which its
         terrestrial repeaters are operating.

(b) Each report shall include a compliance certificate from XM's Senior
    Vice President, Ground Systems Engineering, as an agent of XM,
    stating that the officer has personal knowledge that XM has
    established and implemented operating procedures intended to ensure
    compliance with this Consent Decree, together with an accompanying
    statement explaining the basis for the officer's compliance
    certification. All compliance reports shall be submitted to the
    Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
    Communications Commission, 445 12^th^ Street, S.W., Washington,
    D.C. 20554. All reports shall also be submitted electronically to
    Kathy Berthot at Kathy.Berthot@fcc.gov.

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16. **[Termination Date]{.underline}.** Except with respect to paragraph
    10(e), the requirements of this Consent Decree will expire five (5)
    years after the Effective Date.

17. **[Severability]{.underline}.** The Parties agree that if any of the
    provisions of the Adopting Order or the Consent Decree shall be
    invalid or unenforceable, such invalidity or unenforceability shall
    not invalidate or render unenforceable the entire Adopting Order or
    Consent Decree, but rather the entire Adopting Order or Consent
    Decree shall be construed as if not containing the particular
    invalid or unenforceable provision or provisions, and the rights and
    obligations of the Parties shall be construed and enforced
    accordingly. In the event that this Consent Decree in its entirety
    is rendered invalid by any court of competent jurisdiction, it shall
    become null and void and may not be used in any manner in any legal
    proceeding.

18. **[Subsequent Rule or Order]{.underline}.** The Parties agree that
    if any provision of the Consent Decree conflicts with any subsequent
    rule or Order adopted by the Commission (except an Order
    specifically intended to revise the terms of this Consent Decree to
    which XM does not expressly consent) that provision will be
    superseded by such Commission rule or Order.

19. **[Successors and Assigns]{.underline}.** XM agrees that the
    provisions of this Consent Decree shall be binding on its
    successors, assigns, and transferees.

20. **[Final Settlement]{.underline}.** The Parties agree and
    acknowledge that this Consent Decree shall constitute a final
    settlement between the Parties. The Parties further agree that this
    Consent Decree does not constitute either an adjudication on the
    merits or a factual or legal finding or determination regarding any
    compliance or noncompliance with the requirements of the Act or the
    Commission's Rules and Orders, *provided, however*, that the
    Commission may consider the facts in this proceeding in any future
    proceeding involving violations by XM of the same rules at issue in
    this proceeding or involving misrepresentation or lack of candor by
    XM in its dealings with the Commission. The Parties agree that this
    Consent Decree is for settlement purposes only and that by agreeing
    to this Consent Decree, XM does not admit or deny noncompliance,
    violation or liability for violating the Act or Rules in connection
    with the matters that are the subject of this Consent Decree.

21. **[Modifications]{.underline}.** This Consent Decree cannot be
    modified without the advance written consent of both Parties.

22. **[Paragraph Headings]{.underline}.** The headings of the Paragraphs
    in this Consent Decree are inserted for convenience only and are not
    intended to affect the meaning or interpretation of this Consent
    Decree.

23. **[Authorized Representative]{.underline}.** Each party represents
    and warrants to the other that it has full power and authority to
    enter into this Consent Decree.

24. **[Counterparts]{.underline}.** This Consent Decree may be signed in
    any number of counterparts (including by facsimile), each of which,
    when executed and delivered, shall be an original, and all of which
    counterparts together shall constitute one and the same fully
    executed instrument.

+-----------------------------------+-----------------------------------+
| Marlene H. Dortch                 |                                   |
|                                   |                                   |
| Secretary                         |                                   |
|                                   |                                   |
| Federal Communications Commission |                                   |
|                                   |                                   |
| Date                              |                                   |
|                                   |                                   |
| Gary N. Parsons                   |                                   |
|                                   |                                   |
| Chairman of the Board of          |                                   |
| Directors                         |                                   |
|                                   |                                   |
| XM Radio, Inc.                    |                                   |
|                                   |                                   |
| Date                              |                                   |
+-----------------------------------+-----------------------------------+

**ATTACHMENT A**

> **Draft Text of Customer Notice**

Dear XM Subscriber,

The FCC has notified XM that some of our older receiver models
(generally, those purchased before August, 2006) may not operate in the
manner required by the FCC and may cause interference to FM radio users
depending on how the XM radio is installed or used.

The receiver models include the Roady2, SkyFi2, MyFi, Airware, Tao,
RoadyXT, Xpress, Sportscaster, XR9-XCX9, Jensen JXR9, Inno, Helix, and
Nexus. Please note **this notice does not apply to you** if your new car
came installed with an XM receiver.

If you do have one of the receivers mentioned above and use it with the
wireless FM option or you have had the receiver professionally
installed, then we have several options available at no cost to you to
alleviate this possible interference. Please visit our website at
[www.#####.com](http://www./#%23%23%23%23.com) or call us toll-free at
###-###-#### to choose one of the following three options:

**Option A:** We will send you ferrite beads to attach to your XM
antenna and power adaptor cables. (Ferrite beads are typically placed on
the end of data cables to reduce interference.)

**Option B:** We will send you a replacement cassette adapter to use
with your XM radio. Only choose this option if your car radio has a
cassette player.

> **Option C:** For subscribers whose vehicles do not have cassette
> players, a ferrite package and an installation kit with hardware to
> use in connection with a professional installation of the subscriber's
> radio, along with a coupon redeemable at no charge to the consumer for
> professional installation.

Please visit the following website,
[www.######.com](http://www./#%23%23%23%23%23.com) for more information
and to select your option. If you do not have access to the Internet,
you may call our toll-free automated telephone response system at
###-###-#### for information on how to alleviate this possible
interference.

Thank you for your attention to this matter.

Best Regards,

XM Management

**ATTACHMENT B**

**Draft Text of On-Air Announcement**

The FCC has notified XM that some of our older receiver models could
cause interference to FM radio users. If you are currently using one of
the affected models, you will receive an email or letter from XM with
information to assist you in deciding whether your receiver needs
changes and what changes you should make. Please visit our website
[www.#](http://www./)####.com or call us toll-free at ###-###-#### for
further information. Please note that this notice does not apply to you
if your new car came installed with an XM receiver. Thank you for your
attention to this matter.

**ATTACHMENT C**

  ----------- ------------------------------ ----------------------------
  **No.**     **Market Area**                **Repeater ID**

  1           Akron                          AKR004A

  2           Albuquerque                    ALQ004A

  3           Atlanta                        ATL009A

  4           Atlanta                        ATL046A

  5           Atlanta                        ATL095A

  6           Atlanta                        ATL003C

  7           Buffalo                        BUF001A

  8           Buffalo                        BUF003A

  9           Buffalo                        BUF012A

  10          Charlotte                      CHA007B

  11          Charlotte                      CHA015B

  12          Charlotte                      CHA021B

  13          Charlotte                      CHA037A

  14          Charlotte                      CHA009F

  15          Charlotte                      CHA038B

  16          Chicago                        CHI137B

  17          Chicago                        CHI106B

  18          Chicago                        CHI125A

  19          Chicago                        CHI222A

  20          Chicago                        CHI238A

  21          Chicago                        CHI241D

  22          Cincinnati                     CIN025C

  23          Cincinnati                     CIN041B

  24          Dallas                         DFW507B

  25          Dayton                         DAY011B

  26          Detroit                        DET005D

  27          Detroit                        DET035A

  28          Detroit                        DET037A

  29          Detroit                        DET043A

  30          Detroit                        DET030A

  31          Greenville                     GRV027B

  32          Harrisburg                     HAB008A

  33          Hartford                       HAR035A

  34          Houston                        HOU020A

  35          Jacksonville                   JAC009A

  36          Kansas City                    KAC022C

  37          Los Angeles                    LAX645B

  38          Los Angeles                    LAX011A

  39          Los Angeles                    LAX020B

  40          Los Angeles                    LAX108A

  41          Los Angeles                    LAX144A

  42          Los Angeles                    LAX024A

  43          Los Angeles                    LAX103A

  44          Los Angeles                    LAX117C

  45          Los Angeles                    LAX116A

  46          Miami                          MIA019B

  47          Miami                          MIA022A

  48          Minneapolis                    MIN027A

  49          Minneapolis                    MIN030A

  50          Nashville                      NAS508A

  51          Nashville                      NAS001A

  52          Nashville                      NAS038D

  53          New Orleans                    NOX004A

  54          New York                       NYC192C

  55          New York                       NYC010A

  56          Norfolk                        NOR003A

  57          Orlando                        ORL005C

  58          Pittsburgh                     PIT011C

  59          Pittsburgh                     PIT033A

  60          Pittsburgh                     PIT037B

  61          Portland                       POR003B

  62          Portland                       POR028A

  63          Raleigh                        RAL009A

  64          Raleigh                        RAL016C

  65          Raleigh                        RAL017B

  66          Raleigh                        RAL021B

  67          Raleigh                        RAL029B

  68          Raleigh                        RAL022A

  69          Sacramento                     SAC006A

  70          San Francisco                  SFX007A

  71          San Francisco                  SFX716B

  72          San Francisco                  SFX058A

  73          San Francisco                  SFX064A

  74          San Francisco                  SFX117A

  75          San Francisco                  SFX214B

  76          Seattle                        SEA007A

  77          Seattle                        SEA012A

  78          Seattle                        SEA016A

  79          Seattle                        SEA021B

  80          St. Louis                      STL009D

  81          St. Louis                      STL001A

  82          St. Louis                      STL020A

  83          St. Louis                      STL023A

  84          Tampa                          TAM015A

  85          Tampa                          TAM003A

  86          Tampa                          TAM008A

  87          Tampa                          TAM009C

  88          Tampa                          TAM001A

  89          Tampa                          TAM002A

  90          Tampa                          TAM013A

  91          Tampa                          TAM014A

  92          Washington DC                  WDC430A

  93          Washington DC                  WDC232E

  94          Washington DC                  WDC502A

  95          Washington DC                  WDC220C

  96          Washington DC                  WDC227E

  97          Washington DC                  WDC501B

  98          Washington DC                  WDC515A

  99          Washington DC                  WDC519A

  100         Washington DC                  WDC215B
  ----------- ------------------------------ ----------------------------

**ATTACHMENT D**

  ---------------- ---------------------------- --------------------------
  **No.**          **Market Area**              **Repeater ID**

  1                Akron                        AKR002B

  2                Albany                       ALB006D

  3                Albany                       ALB013B

  4                Atlanta                      ATL007A

  5                Atlanta                      ATL010B

  6                Atlanta                      ATL016C

  7                Atlanta                      ATL024A

  8                Atlanta                      ATL030B

  9                Atlanta                      ATL043B

  10               Atlanta                      ATL063A

  11               Atlanta                      ATL064C

  12               Atlanta                      ATL067A

  13               Atlanta                      ATL068A

  14               Atlanta                      ATL069A

  15               Atlanta                      ATL110B

  16               Atlanta                      ATL525A

  17               Austin                       AUS003A

  18               Birmingham                   BIR006A

  19               Boston                       BOS101E

  20               Boston                       BOS109B

  21               Boston                       BOS122A

  22               Boston                       BOS124A

  23               Boston                       BOS125A

  24               Boston                       BOS127A

  25               Boston                       BOS128A

  26               Boston                       BOS132A

  27               Boston                       BOS134A

  28               Boston                       BOS135A

  29               Boston                       BOS202C

  30               Boston                       BOS226A

  31               Boston                       BOS232B

  32               Buffalo                      BUF004A

  33               Buffalo                      BUF006A

  34               Chicago                      CHI115D

  35               Chicago                      CHI116F

  36               Chicago                      CHI118E

  37               Chicago                      CHI121A

  38               Chicago                      CHI123F

  39               Chicago                      CHI133A

  40               Chicago                      CHI134D

  41               Chicago                      CHI136C

  42               Chicago                      CHI140A

  43               Chicago                      CHI142B

  44               Chicago                      CHI201E

  45               Chicago                      CHI213A

  46               Chicago                      CHI225B

  47               Chicago                      CHI250A

  48               Chicago                      CHI251E

  49               Chicago                      CHI255B

  50               Chicago                      CHI604B

  51               Cleveland                    CLE002A

  52               Cleveland                    CLE005D

  53               Cleveland                    CLE006A

  54               Cleveland                    CLE027A

  55               Columbus                     COL020F

  56               Columbus                     COL501A

  57               Dallas                       DFW011A

  58               Dayton                       DAY013A

  59               Detroit                      DET001A

  60               Detroit                      DET008A

  61               Detroit                      DET012A

  62               Detroit                      DET014A

  63               Detroit                      DET016A

  64               Detroit                      DET029B

  65               Detroit                      DET031C

  66               Detroit                      DET034A

  67               Detroit                      DET038A

  68               Detroit                      DET040A

  69               Detroit                      DET044A

  70               Detroit                      DET047A

  71               Detroit                      DET048A

  72               Detroit                      DET515A

  73               Detroit                      DET549A

  74               Greensboro                   GRE003A

  75               Greenville                   GRV005B

  76               Harrisburg                   HAB014A

  77               Hartford                     HAR040A

  78               Indianapolis                 IND002C

  79               Kansas City                  KAC025A

  80               Kansas City                  KAC125A

  81               Kansas City                  KAC225A

  82               Knoxville                    KNO001A

  83               Las Vegas                    LVX003A

  84               Las Vegas                    LVX005A

  85               Los Angeles                  LAX001B

  86               Los Angeles                  LAX012C

  87               Los Angeles                  LAX014A

  88               Los Angeles                  LAX018A

  89               Los Angeles                  LAX028B

  90               Los Angeles                  LAX037B

  91               Los Angeles                  LAX101B

  92               Los Angeles                  LAX105A

  93               Los Angeles                  LAX109A

  94               Los Angeles                  LAX110A

  95               Los Angeles                  LAX111A

  96               Los Angeles                  LAX113B

  97               Los Angeles                  LAX118C

  98               Los Angeles                  LAX126A

  99               Los Angeles                  LAX130A

  100              Louisville                   LOU005A

  101              Louisville                   LOU007B

  102              Louisville                   LOU009B

  103              Memphis                      MEM003A

  104              Memphis                      MEM011B

  105              Miami                        MIA003F

  106              Miami                        MIA005A

  107              Miami                        MIA007B

  108              Miami                        MIA008A

  109              Miami                        MIA009A

  110              Miami                        MIA010A

  111              Miami                        MIA029C

  112              Miami                        MIA101E

  113              Minneapolis                  MIN012A

  114              Minneapolis                  MIN014B

  115              Minneapolis                  MIN016D

  116              Monterey                     MON008C

  117              Nashville                    NAS009A

  118              Nashville                    NAS017B

  119              Nashville                    NAS020A

  120              New York                     NYC003A

  121              New York                     NYC004A

  122              New York                     NYC008B

  123              New York                     NYC009A

  124              New York                     NYC012B

  125              New York                     NYC017C

  126              New York                     NYC019F

  127              New York                     NYC020B

  128              New York                     NYC027A

  129              New York                     NYC028C

  130              New York                     NYC031D

  131              New York                     NYC035A

  132              New York                     NYC046A

  133              New York                     NYC053E

  134              New York                     NYC055A

  135              New York                     NYC058D

  136              New York                     NYC070G

  137              New York                     NYC132H

  138              New York                     NYC136C

  139              New York                     NYC141A

  140              New York                     NYC161A

  141              New York                     NYC172A

  142              New York                     NYC193B

  143              New York                     NYC195B

  144              New York                     NYC196A

  145              New York                     NYC200A

  146              New York                     NYC205A

  147              New York                     NYC214B

  148              New York                     NYC222C

  149              New York                     NYC611B

  150              New York                     NYC614B

  151              Oklahoma City                OKC001B

  152              Orlando                      ORL001C

  153              Philadelphia                 PHI002A

  154              Philadelphia                 PHI049A

  155              Phoenix                      PHO006A

  156              Phoenix                      PHO101A

  157              Pittsburgh                   PIT002A

  158              Pittsburgh                   PIT004D

  159              Pittsburgh                   PIT019C

  160              Pittsburgh                   PIT042B

  161              Portland                     POR017B

  162              Portland                     POR021A

  163              Portland                     POR030A

  164              Portland                     POR035A

  165              Providence                   PRO001B

  166              Raleigh                      RAL004A

  167              Raleigh                      RAL007A

  168              Raleigh                      RAL028A

  169              Richmond                     RIC008A

  170              Richmond                     RIC020A

  171              Richmond                     RIC033A

  172              Richmond                     RIC034A

  173              Rochester                    ROC002A

  174              Sacramento                   SAC001C

  175              Salt Lake City               SLC001A

  176              Salt Lake City               SLC004B

  177              San Antonio                  SAN001A

  178              San Diego                    SDX002B

  179              San Diego                    SDX019C

  180              San Francisco                SFX005A

  181              San Francisco                SFX009C

  182              San Francisco                SFX139B

  183              San Francisco                SFX250A

  184              Seattle                      SEA001B

  185              Seattle                      SEA002A

  186              Seattle                      SEA011A

  187              Seattle                      SEA014A

  188              Seattle                      SEA019C

  189              Seattle                      SEA033B

  190              Seattle                      SEA034A

  191              Seattle                      SEA050A

  192              Seattle                      SEA053A

  193              Seattle                      SEA056A

  194              Springfield                  SPR001A

  195              Springfield                  SPR003B

  196              St. Louis                    STL003A

  197              St. Louis                    STL006A

  198              St. Louis                    STL012C

  199              St. Louis                    STL017E

  200              Syracuse                     SYR004A

  201              Syracuse                     SYR008F

  202              Tampa                        TAM011A

  203              Toledo                       TOL505A

  204              Tulsa                        TUL001A

  205              Washington DC                WDC102E

  206              Washington DC                WDC105F

  207              Washington DC                WDC202A

  208              Washington DC                WDC203B

  209              Washington DC                WDC222A

  210              Washington DC                WDC223A

  211              Washington DC                WDC230A

  212              Washington DC                WDC307A

  213              Washington DC                WDC313B

  214              Washington DC                WDC314B

  215              Washington DC                WDC325A

  216              Washington DC                WDC329A

  217              Washington DC                WDC401B

  218              Washington DC                WDC405A

  219              Washington DC                WDC409A

  220              Washington DC                WDC500B

  221              Washington DC                WDC513A
  ---------------- ---------------------------- --------------------------

**STATEMENT OF**

**CHAIRMAN KEVIN J. MARTIN**

Re: *Sirius Satellite Radio Inc.*

Re*: XM Radio, Inc.*

The Commission has longstanding technical rules regarding the marketing
of equipment, including FM modulators, and the construction and
operation of terrestrial repeaters pursuant to Special Temporary
Authority. These rules serve important consumer protection and
competitive goals. As I have said before, the Commission takes a
licensee\'s obligation to comply with our rules very seriously and will
not tolerate non-compliance.

In order to resolve the Commission\'s investigation into whether these
license holders were violating the Commission\'s technical requirements
regarding FM modulators, as well as our rules regarding the construction
and operation of terrestrial repeaters, the two companies have agreed to
undertake significant corrective actions and implement various reforms
to ensure future compliance with the Commission\'s rules. They also have
agreed to make significant contributions to the U.S. Treasury totaling
nearly \$19.6 million.

In reaching a conclusion to these investigations, the apparently
intentional nature of some of the violations was troubling. Indeed, the
ability and willingness to conform one\'s conduct to the requirements of
the Commission\'s rules are central to the qualifications of any
Commission licensee. On balance, however, the public\'s interest in the
continued availability and viability of satellite radio services and the
impact on the public and other licensees that the violations
precipitated, taken together with the rigorous oversight and reporting
obligations and substantial voluntary contribution, persuade me that
settlement of these matters would best serve the public interest.

Through this strong enforcement action that we take today, the
Commission has provided clear guidance to the licensees that we expect
them to conform their conduct to the Commission\'s rules and sends a
strong message that we will not tolerate non-compliance.

**STATEMENT OF**

**COMMISSIONER JONATHAN S. ADELSTEIN**

Re: *Sirius Satellite Radio Inc.*

Re*: XM Radio, Inc.*

Today, we approve one of the largest voluntary contributions ever agreed
upon by the Commission for violations of Commission rules. XM and Sirius
have agreed to pay a total amount of \$19.5 million for their
intentional and repeated violations of rules intended to protect other
licensees and the public. The brazen nature of these violations indeed
warrants this substantial monetary contribution and rigorous oversight
and reporting obligations.

It is my hope that the Commission will vigorously enforce all elements
of today's Order and Consent Decree, but history suggests otherwise. In
April and June 2006, the Commission launched an investigation into
alleged noncompliant XM and Sirius satellite radio devices; and that
fall, the Commission learned about widespread unauthorized use of
terrestrial repeaters. XM, for example, had constructed and was
operating 479 unauthorized or variant repeaters. In light of such
unprecedented violations, it is stunning that the Commission was poised
to approve the merger of XM and Sirius before resolving these
enforcement matters. It is inconceivable to me that we would even
consider approving such a merger with such a large and serious number of
outstanding violations unresolved. That would have never crossed our
minds if the transactions involved terrestrial broadcasters. I commend
my colleague, Commissioner Tate, for insisting that we conclude
enforcement action prior to concluding the merger transaction.

In the same vein, I am discouraged that the Commission has not yet
decided the interference issues between the SDARS and Wireless
Communications Service ("WCS") in the 2.3 GHz band. That these issues
have been before the Commission for over a decade is completely
unacceptable. This enforcement action implicates a number of
transmitters that are now operating with special temporary authority
(STAs). These STAs would no longer be necessary, and they could operate
under regular authorization, if this matter were resolved. It should
have been done before or concurrent with this enforcement matter, and
certainly before the merger was approved. The longer we delay
implementing rules governing the coexistence of SDARS and WCS, the
longer we delay WCS rollout of critical wireless broadband services to
rural, unserved and underserved areas. It is not enough to talk about
rural broadband deployment. We need to do something about it. Here, we
are in fact standing in the way. We need to act, and do so in a way
which promotes broadband and protects listeners of satellite radio.
Today, I urge my colleagues to determine final technical rules so that
WCS licensees can manufacture compliant equipment and devices.

**STATEMENT OF\
COMMISSIONER DEBORAH TAYLOR TATE**

Re*: XM Radio, Inc.*

Beginning in 1927 with its predecessor, one of the core purposes for the
Federal Communications Commission was to ensure that licensees operate
in accordance with technical specifications of their license. Adherence
to Commission authorizations ensures that all spectrum licensees can
make efficient use of the bandwidth they have been allocated. That is
why I felt it imperative to resolve these outstanding enforcement issues
before moving to consideration of this merger.

The licensee that is the subject of today's voluntary forfeiture and
consent decree failed to comply---knowingly and repeatedly, at the
highest levels of management---with the specifications for its FM
modulators and the terms of its Special Temporary Authorizations
("STAs") for more than five years. I believe the Consent Decree we adopt
today reflects the gravity of the violations, and the seriousness with
which I view them.

XM has agreed to a voluntary contribution of \$17,394,375 for operating
terrestrial repeaters at variance from their specification, and
authorizing non-compliant FM modulators. In addition, XM has entered
into a consent decree that mandates strict compliance with
certifications, reporting requirements, and penalties associated with
future violations. Specifically, XM has agreed to the following:

> ▪ A Compliance Plan to remain in effect for five (5) years, requiring
> reporting every three (3) months; almost twice the FCC's customary
> compliance plan period.

-   Hire FCC Compliance Officer responsible for ensuring future
    compliance with Act and Commission rules;

-   Adopt Procedural Guide establishing procedures for testing,
    certifying and making modifications to satellite radio receivers and
    Repeater Change Guide establishing procedures for making any changes
    to terrestrial repeater network;

-   Conduct audits of randomly selected satellite radio receivers to
    ensure compliance;

-   Establish an FCC Compliance Training Program for all employees who
    engage in activities subject to FCC regulation;

-   Provide notices to subscribers offering various technical fixes to
    non-compliant radio receivers at no cost to subscriber via its
    website, subscriber newsletter and automated telephone response;

-   Broadcast on-air notices to subscribers regarding non-compliant
    radio receivers;

-   Replace non-compliant radio receivers returned by consumers for
    repair or warranty claims with compliant devices; and

-   Submit periodic compliance reports to FCC.

With regard to terrestrial repeaters, within 60 days XM will shut down
or bring into compliance 100 of its repeaters. All others will be
referred to the FCC's International Bureau for processing.

Administration of effective spectrum policy requires that licensees
comply with Commission rules and that the Commission is vigilant in its
oversight. This will foster a level playing field for competition and
encourage technological innovation. The American public requires and
deserves no less.

[^1]: 47 U.S.C. § 302a(b).

[^2]: 47 C.F.R. § 2.1 *et seq.* and § 15.101 *et seq*.

[^3]: 47 C.F.R. § 25.120.

[^4]: 47 U.S.C. § 154(i).

[^5]: 47 U.S.C. § 302a(b).

[^6]: 47 C.F.R. § 2.1 *et seq.* and § 15.101 *et seq*.

[^7]: 47 C.F.R. § 25.120.

[^8]: *See* Letter from Kathryn S. Berthot, Deputy Chief, Spectrum
    Enforcement Division, Enforcement Bureau, FCC, to William J. Bailey,
    Senior Vice President, Regulatory and Government Affairs, XM Radio
    Inc. (April 20, 2006) ("April 20, 2006 LOI").

[^9]: *See* Letter from Kathryn S. Berthot, Deputy Chief, Spectrum
    Enforcement Division, Enforcement Bureau, FCC, to James Blitz, Vice
    President & Regulatory Counsel, XM Radio Inc. (February 15, 2007)
    ("February 15, 2007 LOI").

[^10]: 47 U.S.C. 302a(b).

[^11]: 47 C.F.R. §§ 2.1 *et seq.* and 15.1 *et seq.*

[^12]: *See* April 20, 2006 LOI.

[^13]: *Establishment of Rules and Policies for the Digital Audio Radio
    Satellite Service in the 2310-2360 MHz Frequency Band*, Report and
    Order, Memorandum Opinion and Order and Further Notice of Proposed
    Rulemaking, 12 FCC Rcd 5745, 5810 (1997).

[^14]: SAT-STA-20020815-00153; SAT-STA-20031112-00371.

[^15]: *See* File No. SAT-STA-20010712-00063.

[^16]: Of the repeaters that were powered down, several have other, less
    significant violations associated with them.

[^17]: *See* Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement
    Division, Enforcement Bureau, FCC, to James Blitz, Vice President
    and Regulatory Counsel, XM Radio, Inc. (February 15, 2007).

[^18]: *See* Letter from James Blitz, Vice President and Regulatory
    Counsel, XM Radio, Inc. to Kathryn S. Berthot, Chief, Spectrum
    Enforcement Division, Enforcement Bureau, FCC (March 12, 2007).

[^19]: *See* SAT-STA-20061002-0014. The conditions for all 30-day STA
    grants include but are not limited to:

    > 1\. Any actions taken as a result of this STA are solely at the
    > applicant's own risk.  This STA shall not prejudice the outcome of
    > the final rules adopted by the Commission in IB Docket No. 95-91. 
    > The issue concerning EIRP raised by the WCS Coalition will be
    > addressed in that proceeding.  Operations prior to such action
    > will be subject to condition 2 below.
    >
    > 2\. Operation of all SDARS repeaters authorized pursuant to this
    > STA is on a non-interference basis with respect to all permanently
    > authorized radiocommunication facilities.  The operator shall
    > provide the information and follow the process set forth in
    > paragraphs 14 and 17 in 16 FCC Rcd 16773 (Int'l Bur. 2001) and 16
    > FCC Rcd 16781 (Int'l Bur. 2001), as modified by 16 FCC Rcd 18481
    > (Int'l Bur. 2001) and 16 FCC Rcd 18484 (Int'l Bur. 2001).

[^20]: *See* SAT-STA-20061013-00119. These repeaters in Attachment C are
    a subset of the STA requests made by XM on October 2, 2006, as
    modified by XM's filing of March 22, 2007. The same conditions noted
    above would apply to any 180-day STA, if granted. *See* note 19,
    above.