Form 442

6305-EX-PL-1998 Text Documents

SATELLITE CD RADIO, INC.

1998-12-07ELS_705

FEDERAL COMMUNICATIONS COMMISSION                                                                  ko          o     t                               APPROVED By OMB
                                                                                                           °                                               3060—0065
Washington, DC 20554                                                                                                                                     Expires $/30/98


                               APPLICATION FOR NEW OR MODIFIED RADIO STATION AUTHORIZATION UNDER PART 5
                                   OF FCC RULES — EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)


 LC       Applicant‘s Name and Post Office address                                                                    DO NOT WRITE IN THIS BLOCK
          (Street address. city. state. and ZIP Code. See instruction                          File No.
          No. 4)

 Satellite CD Radio, Inc.                                                                        6305— EX—PL— 1998
 1180 Avenue of the Americas, 14th Floor
 New York, NY 10036


 2(a). Application for (check only one box)                                               2(b). For Modification indicate below:

  m         New station               D    Modification of existing authorization          ,                                                   .
                                                                                  File No.:                               Call Sign:
 3.       Application for Modification: Check the box beside all particulars to be modified. Check either addition or replacement to indicate whether
          the change is an addition or a replacement ofparameters in the current authorization.
[]] Frequency —                                  [] emission —                           [—] power.—                              [] Location —
      [—] adaition or [_] replacement?                [Z] adaition or [~] replacement?         [_] addition or [_] replacement?        [] addition or [T] replacement?


D OTHER PARTICULARS — addition or replacement? (Describe below or in attached EXHIBIT No.                               )




4. Particulars of Operation (see instruction below)
        Frequency (state                                                                                                     MODULATING            NECESSARY BANDWIDTH
      whether kiz or Miiz)                               POWER                                      EMISSION                   SIGNAL                      (iz)
              (8)                    (B)                    (C)                                           E)                      E)                        (@
                           Z                                                                               1                ce                      ce




(A)       List each frequency or frequency band separately. (If more space is required, attach as EXHIBIT No.                                 )
(B)       Insert maximum R.F. output power at the transmitter terminals. Specify units.
(C)       Insert maximum effective radiated power from the antenna (If pulsed emission, specify peak power). Specify units.
(D)       Insert "MEAN® or "PEAK"(See definitions in Part 5).
(E)       List each type ofemission separately tor each frequency. (See Section 2.201 of FCC Rules.)
(F)       Insert as appropriate for the type of modulation:
          (1) the maximum speed ofkeying in bauds:
          (2)        maximum audio modulating frequency:
          (3)       frequency deviation of carrier;
          (4) pulse duration and repetition rate.
          For complex emissions, describe in detail in the space provided below.
(G)       Describe how the necessary bandwidth was determined in space provided below.
                                                                                                                                                    FCC Form 442 Page 2
                                                                                                                                                              March 1996


  5(a).    Proposedlocation oftransmitter and transmitting antenna (check only one box to indicate type ofoperation):
           (X] FIxEDBASE                                     (2 mosiLe                             []] BASE. AND MOBILE
  5(b).    If permanently focatedat a FIXED location. give below;                                        5(c).    If mobile. describe the exact area of operation
  State              County                                City or Town
TX                  Harris                               Houston                                        Receive—only Vehicular
 Number and street (or other indication oflocation}

Chase Tower, 600 Travis, Houston, TX 77002
 5(b)( 1).       Enter geographical coordinates exact to the nearest second (see instruction 10)         5(c) (1) Enter geographical coordinates of the approximate center of
                                                                                                         mabile operation (see instruction 10)

 North Latitude (DD—MM—SS)                           West Longitude (DD—MM—SS)                           North Latitude                      West Longitude
             o            «           «                              e            1           n               0            1           n             o            1         n
      29           45           37                           095           21           50
 5(d).     Datum (see instruction E0) . .....2222202....                         NAD 27            E NAD 83

 6.        is a directional antenna (otherthan radar) used?                  {X] YES               [_] no
           If "YES", give the following information:
           (a) Width ofbeam in degreesat the half—power point 120
           (b) Orientation in horizontal plane 0, 90, 180. 270                                     (c) Orientation in vertical plane O. 0 , 0 , 0

           is this authorization to be used for fulfilling the requirement ofa governmentcontract with an agency ofthe
           United States Government?
                                                                            J ves                  [X no
           If "YES". attach as EXHIBIT No.                                . a narrative statement describing the government project. agency and contact number.
           Is this authorization to be used for the exclusive purpose of developing radio equipment for export to be employed by stations under the
          jurisdiction ofa foreign government?
                                                                            [ ves                     No
           If "YES", attach as EXHIBIT No.                                . the following information: Provide the contract number and the name ofthe foreign
           government concerned.

           Is this authorization to be used for providing communications essential to a research project? (The radio communication is not the objective of
           the research project).
                                                                           [ ves                   [X no
           If "YES". attach as EXHIBIT No.                                . a narrative statement providing the following information:
           (a) A description ofthe nature ofthe research project being conducted.
           (b) A showing that the communications facilities requested are necessary for the research project involved.
           (c) A showing that existing communications facilities are inadequate.

           Ifall the answers to Items 7, 8, and 9. are "NO", attach as EXHIBIT No. 2                                , a narrative statement describing in detail the
           following:
           (a) The complete program ofresearch and experimentation proposed including description of equipment and theory of operation.
           (b) The specific objectives sought to be accomplished.
           (c) How the program ofexperimentation has a reasonable promise of contribution to the development. extension, expansion, or utilization of
               the radio art, or is along line not already investigated.
           (a). Give an estimate ofthe length oftime that will be required to complete the program of experimentation proposed in this
                 application: 2 Years
           (b) If less than 2 years, give the length oftime in months that the authorization requested in this application will be
                 required:
12.        Would a Commission grant of this application come within Section 1.1307 ofthe FCC Rules, such that it may have a significant
           environmental impact (see instruction 11)?
                                                                           [] vEs                  [X no
           If "YES". attach as EXHIBIT No.                                an Environmental Assessment as required by Section 1.1311.

           List below transmitting equipment to be installed (ifexperimental, so state):
           MANUFACTURER                                                   MODEL NUMBER                                                                   NO. OF UNITS
           Unique Systems                                                                    DAB 2005/0 UTX                                                             2




                                                                                                                                                              FCC Form 442 — Page 3
                                                                                                                                                                        March 1996


 14,       Is the equipment listed in Item 13 capable ofstation identification pursuant to Section 5.152?                                J ves            [X] no

 13.       Will the antennaextend more than 6 meters above the ground. or if mounted on an existing building. will it extend more than 6 meters above the
           building. or will the proposed antenna be mounted on an existing structure other than a building?
                                                                   [J ves                  (X) no
           If "YES". give the following (see instruction 9):
           (a) Overall height above ground to tip ofantenna is                      304.3       meters.
           (b) Elevation ofground at antenna site above mean sea level is                          14.5    meters.

          (c) Distance to nearest aireraft landing areais                                                                        4.8    kilometers.
          (d) List any natural formations ofexisting man—made structures (hills. trees, water tanks, towers. etc.) which, in the opinion ofthe applicant.
              would tend to shield the antenna from aircraft and thereby minimize the acronautical hazard ofthe antenna.


               None



          (e) Submit as EXHIBIT No. 3                          . a vertical profile sketch oftotalstructure including supporting building. if any. giving heights in
               ineters above ground for all significant features. Clearly indicate existing portion, noting particulars ofaviation obstruction lighting already
               available.

16.       Applicant is: (Check only one box)

          []] INDIVIDUAL                   []] ASSOCI&ATION             []] PARTNERSHIP                @ CORPORATION

         D OTHER (describe in space provided below)




17.       Is applicant a foreign governmentor a representative ofa foreign government?                                                   [] ves           [X no

18.       Has applicant or any party to this application had any FCC station license or permit revoked or had any application for permit. license or renewal
          denied by this Commission?
                                                                                                                                         {] ves           [X] no
          If "YES". attach as EXHIBIT No.                         . a statement giving call sign oflicense or permit revoked and relate circumstances.

19.       Will applicant be owner and operator of the station?                                                                               YES          |:| NO

20.       Give name, title. and telephone number (include area code), and Internet e—mail address (if applicable) ofperson who can best handle inquiries
          pertaining to this application.
          Robert Briskman, VP ~ Engineering & Operations, (212) 899—5000, rbriskman@cdradio.com

21.       APPLICANT ANTH—DRUG ABUSE CERTIFICATION:
          By checking "YES", the individual applicant certifies that he or she is eligible for this license. This requires that he or she is not subject to a
          denial of federal benefits, including FCC benefits, as a result of a drug offense conviction pursuant to Section 5301 of the Anti—Drug Abuse Act
          of 1988, 21 U.S.C. 862. A non—individual applicant, e.g., corporation, partnership or other unincorporated association, certifies that no party to
          the application is subject to a denial of federal benefits, pursuant to that section. For definition ofa "party" for these purposes. see 47 CFR
           1.2002(b).
                                                                                                                                             vEs          [] no
22.       List below all exhibits in numerical sequence and the item number of form requiring the exhibit identified.

       EXHIBIT NUMBER          ITEM NO. OF FORM        EXHIBIT NUMBER                ITEMNO. OF FORM                 EXHBIT NymBER              ITEMNO. OF FORM




                                                                                                                                             FCC Form 442 — Page 4
                                                                                                                                                       March 1996


        CERTIFICATION:
t
&o


        Attention: Read this certification carefully before signing this application.

        THE APPLICANT CERTIFIES THAT:
        (a) Copies of FCC Rule Parts 2 and 5 are on hand: and
        (b) Adequate financial appropriations have been made to carry on the program ofexperimentation which will be conducted by qualified
            personnel; and
        {c) All operations will be on an experimental basis in accordance with Part 5 and other applicable rutes. and will be conducted in such a manner
            and at such a time as to preclude harmful interference to anyauthorized station: and
        {d) Grant ofthe authorization requested herein will not be construed as a finding on the part ofthe Commission:
            (1) that the frequencies andother technical parameters specified in the authorization are the best suited for the proposed program of
                experimentation, and
            (2) that the applicant will be authorizedto operate on anybasis other than experimental, and
            {3) that the Commissionis obligated by the results ofthe experimental programto make provision in its rules including its table offrequency
                allocations for applicant‘s type ofoperation on a regularlylicensed basis.
       APPLICANT CERTIFIEES FURTHER THAT:
        (e) All the statements in the application and attached exhibits are true, complete and correct to the best ofthe applicant‘s knowledge: and
        (1) The applicant is witling to finance and conduct the experimental program with full knowledge and understanding ofthe above limitations;
            and
       (g) The applicant waives any claim to the use ofany particular frequency or ofthe electromagnetic spectrum as against the regulatory power of
           the USA.


            Signed and dated this 30th                                                        day of October                                       .19 98

            Name of Applicant Satellite CD Radio, Inc.
                                                                   (must cortespond with name given on page 1)



            sy Robert Briskman                                                                         _ B,__..L__\,
                                                   (orint)                                                               (signature)



            Title Vice President, Engineering & Operations

       Check appropriate classification:

       [] Individual applicant           [_] Member ofapplicant partnership

       [—] Authorized employee           @ Office ofapplicant corporation or association


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 LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1), AND/OR FORFEITURE (U.S. Code,
Title 47, Section 503).

                                            NOTIFICATION TO INDIVIDUALS UNDER PRIVACY ACT OF 1974
                                                  AND THE PAPERWORK REDUCTION ACT OF 1980

Information requested through this form is authorized by the Communications Act of 1934, as amended, and specified by Section 308 therein. The
information will be used by Federal Communications Commission staff to determine eligibility for issuing authorizations in the use ofthe frequency
spectrum and to effect the provisions ofregulatory responsibilities rendered by the Commission by the Act. Information requested by this form will be
available to the public unless otherwise requested pursuant to 47 CFR 0.459 ofthe FCC Rules and Regulations. Your response is required to obtain this
authorization.

Public reporting burden for this collection of information is estimated to average four (4) hours per response, including the time for reviewing instructions, searching
existing clata sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information, including suggestions for reducing the burden to the Federal Communications Commission, Records
Management Branch. Paperwork Reduction Project (3060—0065), Washington, DC 20554. DO NOT send completed applications to this address. Individuals
are not required to respond to this collection unless it displays a currently valid OMB control number.


THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.L. 93—579. DECEMBER 31. 1974, 5 U.S.C. 552a(e)(3). AND THE
PAPERWORK REDUCTION ACT OF 1980, P.L. 96—511, DECEMBER 11, 1980, 44 U.S.C. 3507.

                                                                                                                                               FCC Form 442 — Page 5
                                                                                                                                                         March 1996


  Approved by OMB               FEDERAL COMMUNICATIONS COMMISSION                                   FOR
     30500065                                                                                       Use
   Expires 93098                         FCC FORM 442                                              onty

                  APPLICATION FOR NEW OR MODIFIED RADIO STATION AUTHORIZATION UNDER PART 5
                      OF FCC RULES — EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)

 ‘SECTION I
  APPLICANT NAME (Last, first. middle initial)
  Satellite CD Radio, Inc.
  MAILING ADDRESS (Line 1) (Maximum 35 characters — refer to Instruction (2) on reverse ofform)
  1180 Avenue of the Americas
  MAILING ADDRESS (Line 2) (if required) (Maximum 35 characters)
  14th Floor
  CITY

  New York
  STATE OR COUNTRY (if foreign address)                                       ZIP CODE                    CALL SIGN OR FILE NUMBER
  NY                                                                          10036                       New
  Enter in Column (A) the correct Fee Type Code for the service you are applying for. Fee Type Codes may be found in FCC Fee Filing Guides. Enter in
  Column (B) the Fee Multiple, if applicable. Enter in Column (C) the result obtained from multiplying the value of the Fee Type Code in Column (A) by
  the number entered in Column (B), if any.
                (A)                                     (B)                                        (C)
                                                  FEE MULTIPLE                            FEE DUE FOR FEE TYPE
         FEE TYPECODE                              (if required)                           CODE IN COLUMN (A)                           FORFCC USEONLY

 (1)
         E       A          E                                       1                 $                     45.00


  SECTION 1             —       To be used only when you are requesting concurrent actions which result in a requirement to list more
                                than one Fee Type Code.


               (A) CODE
         FEE TYPE                                       (B)
                                                  FEE MULTIPLE                                     (0) FEE TYPE
                                                                                          FEE DUE FOR                                   FORFCC USE ONLY
                                                   {if required)                           CODE IN COLUMN (A)



 (2)                                                                                  $



 (3)                                                                                  $


 (4)                                                                                  $



 (8)                                                                                  $
ADD ALL AMOUNTS SHOWN IN COLUMN C, LINES (1)                                                Tonrmonnaeames
THROUGH (5), AND ENTER THE TOTAL HERE.
THIS AMOUNT SHOULD EQUAL YOUR ENCLOSED                                                      witk ngs QETNLGEAToN                        FORFCC USEQONLY
 REMITTANCE.

                                                                        }             $                     45.00
This form has been authorized for reproduction.

                                                                                                                                                    FCC Form 422
                                                                                                                                                      March 1996



Document Created: 2001-08-27 17:29:38
Document Modified: 2001-08-27 17:29:38

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