Form 442

0037-EX-ML-2000 Text Documents

Satellite CD Radio, Inc.

2000-06-21ELS_38197

, Lenep
  FEDERAL COMMUNIcATIONS commission.                                                                                                                   APPROVED BY OoMB
                                                                                                                                                           seoodes
     Washington, DC 20554                                                                                                                         \_     Expires 9/30/98
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                                  APPLICATION FOR NEW OR MODIFIED RADIO STATION AUTHORIZATION UNDER PART 5
                                      OF FCC RULES — EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)


      1.        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.                                                                      (0 [)3 7__EX_ /17 L, Z 0&J
      1221 Avenue of the Americas
      36th Floor
      New York, NY 10020

      2(a). Application for (check only one box)                                            2(b). For Modification indicate below:
           [_] New station               [K] Modification of existing authorization
                                                                                            File No.: 0252—EX—ML—1999                  Call Sign: WAZXXE
      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 of parameters in the current authorization.
      [_] FREQUENCY —                                [] emission —                          K] power —                           [K] Location —
             [_] addition or [_] replacement?            [K)] addition or[_] replacement?     K)] addition or[_] replacement?         [D]   addition orK     replacement?


     [K] OTHER PARTICULARS — addition or replacement? (Describe below or in attached EXHIBIT NoONE___________ ;


     4. Particulars of                  see instruction below
              Frequency (state                                                                                            MODULATING             NECESSARY BANDWIDTH
            whether kHz or MHz)                             POWER                                 EMISSION                  SIGNAL                      (kHz)
                   (A)                  (B)                    (C)                                       (E)                    (F)                         (G)
                                                                                                         GXD, GXE




     (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 of emission separately for each frequency. (See Section 2.201 of FCC Rules.)
     (F)       Insert as appropriate for the type of modulation:
               (1) the maximum speed of keying 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


          r

J S(a)\       Proposed location of transmitter and trafismitting-antenna {check only one box to indicate type of operation):
              (K] FIXED/BASE                                 []] MoBILE                             [] BASE AND MOBILE
 5(b). T permanently located at a FIXED location, give below:                                             5(c).    If mobile, describe the exact area of operation
 State                County                               City or Town                                  Receive only—vehicular
                                                                                                         Nationwide
 Number and street (or other indication of location)

Nationwide
 5(b)(1).         Enter geographical coordinates exact to the nearest second (see instruction 10)         5(c) (1) Enter geographica! coordinates of the approximate center of
                                                                                                          mobile operation (see instruction 10)
 North Latitude (DD—MM—SS)                            West Longitude (DD—MM—SS)                             North Latitude                   West Longitude
              0            r           LJ                            o           1           m                 0             1        L             0           r           M


  N/A                                                       N/A                                        N/A                                 N/A

 5(d).         Datum (see instruction 10):. N/A. . ... ... [] NaAp 27                               [] nap 83
 6.           Is a directional antenna (other than radar) used? K] YES                              [] no
              If "YES", give the following information:
              (a) Width of beam in degrees at the half—power point 45, 60, 90, 120 or 160
              (b) Orientation in horizontal plane 0, 90, 180, 270 degrees                           (c) Orientation in vertical plane 0, plus or minus Sdegrees

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

 9.           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).
                                                                            [] ¥yEs                 K] no
              If "YES", attach as EXHIBIT No.                    , a narrative statement providing the following information:
              (a) A description of the nature of the 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.

10.           If all the answers to Items 7, 8, and 9, are "NO", attach as EXHIBIT No. 1 WO                          , a narrative statement describing in detail the
              following:
              {a) The complete program of research and experimentation proposed including description of equipment and theory of operation.
              (b) The specific objectives sought to be accomplished.
              (c) How the program of experimentation has a reasonable promise of contribution to the development, extension, expansion, or utilization of
                  the radio art, or is along line not already investigated.
11            (a). Give an estimate of the length of time that will be required to complete the program of experimentation proposed in this
                  application:       YCaTS
              (b) If less than 2 years, give the length of time 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 of the FCC Rules, such that it may have a significant
              environmental impact (see instruction 11)?
                                                                           [] yEs                   K] no
              If "YES", attach as EXHIBIT No.                             an Environmental Assessment as required by Section 1.1311.

13.           List below transmitting equipment to be installed (if experimental, so state):
              MANUFACTURER                                                                 MODEL NUMBER                                                  No. oOF units
              Globecomm Systems, Inc.                                                      1342—05016, 1342—05017, 1342—05018                                      105



                                                                                                                                                          FCC Form 442 — Page 3
                                                                                                                                                                    March 1996


             r


  14.      ‘Is the equipment listed in Item 13 capable of station identification pursuant to Section 5.152?                              [_] vEs           &] no

* 15,       Will the antenna extend 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?
                                                                    Kk] yEes                [] no
            If "YES", give the following (see instruction 9):
            (a) Overall height above ground to tip of antenna is          Yarious; 50—300 m      meters.
            (b) Elevation of ground at antenna site above mean sea level is                     VariOoUs    meters.
            (c) Distance to nearest aircraft landing area is                                                               Vario0Us     kilometers.
            (d) List any natural formations of existing man—made structures (hills, trees, water tanks, towers, etc.) which, in the opinion of the applicant,
                 would tend to shield the antenna from aircraft and thereby minimize the aeronautical hazard of the antenna.
                 None




           (e) Submit as EXHIBIT No. THREE & FOUR, a vertical profile sketch of total structure including supporting building, if any, giving heights in
                 meters above ground for all significant features. Clearly indicate existing portion, noting particulars of aviation obstruction lighting already
                 available.

 16.       Applicant is: (Check only one box)

           [] movDUaL                       [] ASSOcIaTION               [] PARTNERSHIP                 K] CORPORATION

           [_] OTHER (describe in space provided below)




 17.       Is applicant a foreign government or a representative of a foreign government?                                               [] vyEs            &K] 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?
                                                                                                                                        [Q] yEs            &K] no
           If "YES", attach as EXHIBIT No.                         , a statement giving call sign of license 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) of person who can best handle inquiries
           pertaining to this application.
            Mark Gaudino, Vice President, Terrestrial Network, 212—584—5230, mgaudino@siriusradio.com

 21.       APPLICANT ANTI—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 of a "party" for these purposes, see 47 CFR
           1.2002(b).
                                                                                                                                        K] vyes            [] 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               ITEM NO. OF FORM              EXHIBIT NUMBER              ITEM NO. OF FORM




                                                                                                                                            FCC Form 442 — Page 4
                                                                                                                                                      March 1996


         +


 23.   ‘CERTIFICATION:
        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 of experimentation 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 rules, and will be conducted in such a manner
            and at such a time as to preclude harmful interference to any authorized station; and
        (d) Grant of the authorization requested herein will not be construed as a finding on the part of the Commission:
            (1) that the frequencies and other technical parameters specified in the authorization are the best suited for the proposed program of
                experimentation, and
             (2) that the applicant will be authorized to operate on any basis other than experimental, and
             (3) that the Commission is obligated by the results of the experimental program to make provision in its rules including its table of frequency
                 allocations for applicant‘s type of operation on a regularly licensed basis.
        APPLICANT CERTIFIES FURTHER THAT:
        (e) All the statements in the application and attached exhibits are true, complete and correct to the best of the applicant‘s knowledge; and
        (f) The applicant is willing to finance and conduct the experimental program with full knowledge and understanding of the above limitations;
             and
        (g) The applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of
            the USA.
                                                                        *
             Signed and dated this                               \3                           day of_June                                           yag 2000


                                                                   {must correspond with name given on page 1}



             By Robert D. Briskman                                                     Q,—Q—s—.k;                . W
                                                   (print                                                                (signature)

             Title President


       Check appropriate classification:


       [_] Individual applicant          [_] Member of applicant partnership

       [~] Authorized employee           K] Office of applicant 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 of the frequency
spectrum and to effect the provisions of regulatory 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 of the 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 data 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, PL. 93—579, DECEMBER 31, 1974, 5 U.S.C. 552a(e)(3), AND THE
PAPERWORK REDUCTION ACT OF 1980, PL. 96—511, DECEMBER 11, 1980, 44 U.S.C. 3507.

                                                                                                                                               FCC Form 442 — Page 5
                                                                                                                                                         March 1996



Document Created: 2001-07-27 09:08:28
Document Modified: 2001-07-27 09:08:28

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