Attachment grant

grant

DECISION submitted by IB,FCC

grant

2008-09-17

This document pretains to SAT-MOD-20080521-00110 for Modification on a Satellite Space Stations filing.

IBFS_SATMOD2008052100110_664743

Approved by OMB 3060—0678 Date & Time Filed: May 21 2008 3:37:06:186PM File Number: SAT—MOD—20080521—00110 S20GS5 FCC APPLICATION FOR SPACE AND EARTH STATION:MOD OR AMD — MAIN FORM FCC Use Only FCC 312 MAIN FORM FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Application to Modify NGSO Authorization for FM—6 Satellite 1—8. Legal Name ofApplicant Name: Satellite CD Radio, Inc. Phone Number: 212—584—5100 DBA Fax Number: 202—584—5275 Name: Street: 1221 Avenue of the Americas E—Mail: PDonnelly@siriusradio.com 36th Floor City: New York State: NY Country: USA Zipcode: 10020 — Attention: Patrick L. Donnelly mssEv—ond 6 —2epfR8s2\—001\0 (or other identifier) _— _ § Figgg:e cos k.“\u\gl Dates !GRANTED @el\eg Brxen Chrest International Bureau 7 4 | Approved: Z// / // La.)/ww&)\ oX

Satellite CD Radio Inc. IBFS File No. SAT—MOD—20080521—00110 Call Sign: $2105 The application of Satellite CD Radio Inc. (Satellite CD Radio) is granted to modify its existing Satellite Digital Audio Radio Service (SDARS) non—geostationary satellite orbit (NGSO) constellation (Call Sign: $2105) by constructing, launching, and operating an NGSO satellite, FM—6. FM—6 shall serve as a replacement for Satellite CD Radio‘s existing satellites, FM—1 and FM—2, after expiration of their useful lifetimes. The FM—6 satellite will operate with an orbital plane that is halfway between the orbits of FM—1 and FM—2 and will be located 180 degrees opposite Sirius‘s other existing satellite, FM—3, using the frequency bands 2320—2332.5 MHz (space—to—Earth) and 7050.5—7072.5 MHz (Earth—to—space). Operations of the FM—6 satellite shall be in accordance with technical specifications set forth in Satellite CD Radio‘s application and the Commission‘s rules, unless specifically conditioned or waived herein, and are subject to the following conditions: 37 Satellite CD Radio shall operate the FM—6 satellite in compliance with all relevant international and bilateral agreements between the United States and the Administrations of Canada and the United Mexican States regarding the provision of SDARS in North America. Satellite CD Radio shall prepare the necessary information, as may be required, for submission to the International Telecommunication Union (ITU) to initiate and complete the advance publication, international coordination, due diligence, and notification process of its space stations, in accordance with these ITU fillings. We also note that no protection from interference caused by radio stations authorized by other administrations is guaranteed unless coordination and notification procedures are timely completed or, with respect to individual Administrations, by successfully completing coordination agreements. Any radio station authorization for which coordination has not been completed may be subject to additional terms and conditions required to effect coordination of the frequency assignments of other Administrations. See 47 C.F.R. § 25.111(b). The license term for FM—6 is eight years and will begin on the date Satellite CD Radio certifies to the Commission that the satellite has been successfully launched and put into operation.‘ 47 C.F.R. § 25.144(d). Satellite CD Radio shall file its certification with the Chief, Satellite Division, International Bureau, within 10 business days of the satellite being put into operation. Satellite CD Radio has 30 days from the date of this grant to decline the authorization as conditioned. Failure to respond within this period will constitute formal acceptance of the authorization as conditioned. This grant is issued pursuant to 47 C.F.R. § 0.261 of the Commission‘s rules on delegated authority and is effective upon adoption. Petitions for reconsideration or applications for review under the Commission‘s rules, 47 C.F.R. §§ 1.106 and 1.115, may be filed within 30 days of the date of the public notice indicating this action was taken. | Fic #SEXting)g —206080S2H0010 Cansfgnsmosmpa,_ 4|H|O% (or other identifier) _ ___ Sss 3e | TctmDams > From 6°< comiilies & To: Approved: ARSC fa. oC \(Cx3 ‘ The license term for Satellite CD Radio‘s existing FM—1, —2, and —3 satellites commence February 11, 2002, and will expire on February 11, 2010. Operations of the FM—1, —2, and —3 satellites beyond that date, and any operations that would remove the satellites from their operating orbits, will require a separate grant of authority.

9—16. Name of Contact Representative Name: Jennifer Hindin Phone Number: 202—719—4975 Company: Wiley Rein LLP Fax Number: 202—719—7049 Street: 1776 K Street, NW E—Mail: jhindin@wileyrein.com City: Washington State: DC Country: USA Zipcode: 20006— Attention: Jennifer Hindin Relationship: Legal Counsel CLASSIFICATION OF FILING 17. Choose the button next to the classification that applies to this filing for (N/A) b1. Application for License of New Station both questions a. and b. Choose only one (N/A) b2. Application for Registration of New Domestic Receive—Only Station for 17a and only one for 17b. {4 b3. Amendment to a Pending Application ) b4. Modification of License or Registration «74 al. Earth Station b5. Assignment of License or Registration ) a2. Space Station b6. Transfer of Control of License or Registration {34 b7. Notification of Minor Modification (N/A) b8. Application for License of New Receive—Only Station Using Non—U.S. Licensed Satellite (N/A) b9. Letter of Intent to Use Non—U.S. Licensed Satellite to Provide Service in the United States (N/A) b10. Other (Please specify) (N/A) b11. Application for Earth Station to Access a Non—U.S.satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States (N/A) b12. Application for Database Entry £3 b13. Amendment to a Pending Database Entry Application £3 b14. Modification of Database Entry

17c¢. Is a fee submitted with this application? {4 IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). C Governmental Entity £4 Noncommercial educational licensee f@, Other(please explain): Exempt under 47 C.F.R. Sec. 1.1109(d). See DA 08—1156 174. Fee Classification CGW — Space Station Modification(Non— Geostationary) 18. If this filing is in reference to an 19. If this filing is an amendment to a pending application enter both fields, if this filing is a existing station, enter: modification please enter only the file number: (a) Call sign of station: (a) Date pending application was filed: (b) File number: $2105 SATMOD1998121100099

TYPE OF SERVICE 20. NATURE OF SERVICE: This filing is for an authorization to provide or use the following type(s) of service(s): Select all that apply: D a. Fixed Satellite D b. Mobile Satellite D c. Radiodetermination Satellite D d. Earth Exploration Satellite D e. Direct to Home Fixed Satellite E] f. Digital Audio Radio Service D g. Other (please specify) 21. STATUS: Choose the button next to the applicable status. Choose |22. If earth station applicant, check all that apply. only one. D Using U.S. licensed satellites g4 Common Carrier ty Non—Common Carrier D Using Non—U.S. licensed satellites 23. If applicant is providng INTERNATIONAL COMMON CARRIER service, see instructions regarding Sec. 214 filings. Choose one. Are these facilities: £3 Connected to a Public Switched Network 4 Not connected to a Public Switched Network @ N/A 24. FREQUENCY BAND(S): Place an ‘X" in the box(es) next to all applicable frequency band(s). D a. C—Band (4/6 GHz) D b. Ku—Band (12/14 GHz) @ c.Other (Please specify upper and lower frequencies in MHz.) Frequency Lower: 2320 Frequency Upper: 2332.5 (Please specify additional frequencies in an attachment)

TYPE OF STATION 25. CLASS OF STATION: Choose the button next to the class of station that applies. Choose only one. 4 a Fixed Earth Station ¢54 b. Temporary—Fixed Earth Station <4 c. 12/14 GHz VSAT Network g74 d. Mobile Earth Station y & Geostationary Space Station @ {. Non—Geostationary Space Station {3 g. Other (please specify) 26. TYPE OF EARTH STATION FACILITY: 3 Transmit/Receive C Transmit—Only g4 Receive—Only @ N/A "For Space Station applications, select N/A."

PURPOSE OF MODIFICATION 27. The purpose of this proposed modification is to: (Place an °X" in the box(es) next to all that apply.) D a —— authorization to add new emission designator and related service D b — authorization to change emission designator and related service D c —— authorization to increase EIRP and EIRP density D d — authorization to replace antenna [_"] e —— authorization to add antenna D f—— authorization to relocate fixed station D g —— authorization to change frequency(ies) D h — authorization to add frequency D i —— authorization to add Points of Communication (satellites &amp; countries) D j —— authorization to change Points of Communication (satellites &amp; countries) k — authorization for facilities for which environmental assessment and radiation hazard reporting is required D 1—— authorization to change orbit location D m —— authorization to perform fleet management I:'] n —— authorization to extend milestones E o —— Other (Please specify)

ENVIRONMENTAL POLICY 28. Would a Commission grant of any proposal in this application or amendment have a significant environmental {y Yes @ No impact as defined by 47 CFR 1.1307? IfYES, submit the statement as required by Sections 1.1308 and 1.1311 of the Commission‘s rules, 47 C.E.R. 1.1308 and 1.1311, as an exhibit to this application.A Radiation Hazard Study Schedule$ Aftachment must accompany all applications for new transmitting facilities, major modifications, or major amendments. ALIEN OWNERSHIP Earth station applicants not proposing to provide broadcast, common carrier, aeronautical en route or aeronautical fixed radio station services are not required to respond to Items 30—34. 29. Is the applicant a foreign government or the representative of any foreign government? «4 Yes @ No 30. Is the applicant an alien or the representative of an alien? 4 Yes ® No 4 N/A 31. Is the applicant a corporation organized under the laws of any foreign government? {, Yes @ No 4 N/A 32. Is the applicant a corporation of which more than one—fifth of the capital stock is owned of record or voted by 3 Yes @ No q3 N/A aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country?

33. Is the applicant a corporation directly or indirectly controlled by any other corporation of which more than {y Yes @ No C N/A one—fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 34. If any answer to questions 29, 30, 31, 32 and/or 33 is Yes, attach as an exhibit an identification of the aliens or Narrative foreign entities, their nationality, their relationship to the applicant, and the percentage of stock they own or vote. BASIC QUALIFICATIONS 35. Does the Applicant request any waivers or exemptions from any of the Commission‘s Rules? { Yes @ No IfYes, attach as an exhibit, copies of the requests for waivers or exceptions with supporting documents. Response to Q.40 36. Has the applicant or any party to this application or amendment had any FCC station authorization or license C Yes fod No revoked or had any application for an initial, modification or renewal of FCC station authorization, license, or construction permit denied by the Commission? IfYes, attach as an exhibit, an explination of circumstances. Technical Supplement

37. Has the applicant, or any party to this application or amendment, or any party directly or indirectly controlling 0 Yes .@No the applicant ever been convicted of a felony by any state or federal court? IfYes, attach as an exhibit, an explination of circumstances. TechnicalDescription 38. Has any court finally adjudged the applicant, or any person directly or indirectly controlling the applicant, C Yes @No guilty of unlawfully monopolizing or attemptiing unlawfully to monopolize radio communication, directly or indirectly, through control of manufacture or sale of radio apparatus, exclusive traffic arrangement or any other means or unfair methods of competition?IfYes, attach as an exhibit, an explanation of circumstances 39. Is the applicant, or any person directly or indirectly controlling the applicant, currently a party in any pending O Yes @No matter referred to in the preceding two items? If yes, attach as an exhinit, an explanation of the circumstances. 40. If the applicant is a corporation and is applying for a space station license, attach as an exhibit the names, address, and citizenship of those stockholders owning a record and/or voting 10 percent or more of the Filer‘s voting stock and the percentages so held. In the case of fiduciary control, indicate the beneficiary(ies) or class of beneficiaries. Also list the names and addresses of the officers and directors of the Filer.

41. By checking Yes, the undersigned certifies, that neither applicant nor any other party to the application is .@. Yes .DNO subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti—Drug Act of 1988, 21 U.S.C. Section 862, because of a conviction for possession or distribution of a controlled substance. See 47 CFR 1.2002(b) for the meaning of &quot;party to the application&quot; for these purposes. 42a. Does the applicant intend to use a non—U.S. licensed satellite to provide service in the United States? IfYes, 0 Yes @.No answer 42b and attach an exhibit providing the information specified in 47 C.F.R. 25.137, as appropriate. If No, proceed to question 43. 42b. What administration has licensed or is in the process of licensing the space station? If no license will be issued, what administration has coordinated or is in the process of coordinating the space station? 43. Description. (Summarize the nature of the application and the services to be provided). (If the complete description does not appear in this box, please go to the end of the form to view it in its entirety.) Satellite CD Radio, Inc., a wholly—owned subsidiary of Sirius Satellite Radio Inc. (together ‘Sirius‘), requests modification of its non—geostationary satellite orbit (‘NGSO‘) satellite digital audio radio service authorization to allow the launch and operation of FM—6, a NGSO, and, ultimately, to reduce the number of authorized NGSO 10

43a. Geographic Service Rule Certification & A By selecting A, the undersigned certifies that the applicant is not subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25. @ B By selecting B, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will comply with such requirements. «3 C By selecting C, the undersigned certifies that the applicant is subject to the geographic service or geographic coverage requirements specified in 47 C.F.R. Part 25 and will not comply with such requirements because it is not feasible as a technical matter to do so, or that, while technically feasible, such services would require so many compromises in satellite design and operation as to make it economically unreasonable. A narrative description and technical analysis demonstrating this claim are attached. CERTIFICATION The Applicant waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the regulatory power of the United States because of the previous use of the same, whether by license or otherwise, and requests an authorization in accordance with this application. The applicant certifies that grant of this application would not cause the applicant to be in violation of the spectrum aggregation limit in 47 CFR Part 20. All statements made in exhibits are a material part hereof and are incorporated herein as if set out in full in this application. The undersigned, individually and for the applicant, hereby certifies that all statements made in this application and in all attached exhibits are true, complete and correct to the best of his or her knowledge and belief, and are made in good faith. 11

44. Applicant is a (an): (Choose the button next to applicable response.) g34 Individual 34 Unincorporated Association {34 Partnership @ Corporation C Governmental Entity {3 Other (please specify) 45. Name of Person Signing 46. Title of Person Signing Patrick L. Donnelly Exec. VP, Gen. Counsel & Secretary, Sirius ——> WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND / OR IMPRISONMENT (U.S. Code, Title 18, Section 1001), AND/OR REVOCATION OF ANY STATION AUTHORIZATION (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 12

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT The public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on this burden estimate, or how we can improve the collection and reduce the burden it causes you, please write to the Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to jboley@fce.gov. PLEASE DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060—0678. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC L&AW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507. 13

43. Description. (Summarize the nature of the application and the services to be provided). Satellite CD Radio, Inc., a wholly—owned subsidiary of Sirius Satellite Radio Inc. (together ‘Sirius‘), requests modification of its non—geostationary satellite orbit (‘NGSO‘) satellite digital audio radio service authorization to allow the launch and operation of FM—6, a NGSO, and, ultimately, to reduce the number of authorized NGSO satellites from three to two. 14


Document Created: 2008-09-17 12:53:37
Document Modified: 2008-09-17 12:53:37
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