Attachment DA 01-2171

DA 01-2171

ORDER & AUTHORIZATION submitted by FCC/IB

DA 01-2171

2001-09-17

This document pretains to SAT-STA-20010724-00064 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2001072400064_456835

Federal Communications Commission pa or—zim Before the Federal Communications Commission Washington, D.C. 20554 In the matter of Sirius Satellite Radio, Inc. File No. SAT—STA—20010724—00064 Application for Special Temporary Authority to Operate Satelite Digital Audio Radio Service Complementary Terrestrial Repeaters ORDER AND AUTHORIZATION Adopted: September 17, 2001 Released: September 17, 2001 By the Chict, Interational Bureau: . INTRODUCTION 1. By this Order, we grant Sirius Satellite Radio, Inc. (Sirius) special temporary authority (STA) to operate Satelite Digital Audio Radio Service (SDARS) complementary terrestralrepeaters in its exclusively licensed satelite frequency band, 2320—2332.5 MHz. This authority, subject to the conditions as specified herein, will allow Sirius to begin commercial SDARS on a nationwide basis consisting ofboth satellte and terrestril transmissions to provide a high quality signal t its customers. The terrestrial component at issue in this STA request will be especially useful where the satelite signal is blocked or will be subject to multipath interference." It. BACKGROUND 2. The use of complementary terrestrial repeaters to overcome the effects ofsatelite signal blockage and multipath interference was recognized by the Commission when it adopted service rules for SDARS and in its Further Notice ofProposed Rulemaking (Further Notice) for SDARS repeatersIn that Further Notice, the Commission anticipated the need for repeaters A Mulipath interfrence occurs when radio waves bounce off buildings.hlls, o other obstclesand the radiowaves reach thereceiveratdifferentimes, causing intrfrence. f Extblisiment ofRules and Polciesfohe DigitalAudio Radio Sevice in the 2810—230 Mz Band. Reportand Order, Memorandim Opinionand Order, and Further NoticeofProposed Ralemaking. 12 FCC Red 5754 (1997) ("DARS Order and PNPRM®)

Federal Communications Commission ba orzim and sought comment "on a regulatory structure for satellte DARS repeaters similar to the blanket authorizations used for mobile earth stations ofother services."" The Commission is preparing to conclude that proceeding. 3. In October 1997, the Commission authorized Sirius (formerly Satellite CD Radio, Inc.) to launch and operate three non—geostationary satellites to provide SDARS." Sirius launched it satellites earlier this year. With ts complementary repeater network, Sirius is ready to begin offering DARS to the public. Recognizing that such a network is essential to achieving high quality, nationwide service and that the rulemaking proceeding to establish the operating parameters of the repeater sations had not been concluded, Siriusfiled an STA request on July 24, 2001, to begin commercial service using its complementary terrestrial repeater network. The STA request was placed on public notice on July 31, 2001, comments were filed by August 21, 2001, and reply comments were filed by August 31, 2001 4. Twelve partiesfiled comments in response to Sirius‘s STA request. Several parties assert that Sirus has failed to meet the required legal showing to justify an STA. Also, the National Association ofBroadcasters and other broadcasters are concerned about the DARS Hicensees using their repeater networks to operate local radio services. Moreover, all ofthe WCS Hicensees that commented are concerned about the potential for blanketing interference from DARS repeaters." Finally, most commenters urge that,if the Commission were to grant the STA, it should be rigorously conditioned. Reply comments were filed by XM Radio and Sirius. 1tE DISCUSSION STA Justifiation 5. The Communications Act of 1934, as amended, (the Communications Act) gives the Commission authority to grant temporary authority in extraordinary circumstances where such temporary operations are in the public interest and where delay in operation would prejudice the publicinterest Similarly, the Commission‘s rules governing satelite facilities, specifically Section 25.120," permit special temporary authorization under extraordinary circumstances stating that "[CJonvenience to the applicant, such as marketing considerations of meeting scheduled customer in—service dates, will not be deemed sufficient for this purpose."* 6. Commenters argue that Sirius has not made the showing required by the Communications Act or the Commission‘s rules and assert that Sirus‘s only justification forits STA request is ts desire to begin service to customers on a self imposed schedule, a clearly * tm Set2, 142. * American Mobile Radio Corporation, Orde and Authorzation, 13 ECC Red 8829 (1997) £ Blanketinginterferenc occurs whea eceiveris near a relatvely high—powered trinsmiter and the high poer overloads the components ofhereceiver and preventsreceptionof the desiredsignl by therecever & 47 USC.Section 3090 * «1 cr® 25200 * #CrRq220

Federal Communications Commission pa or—zm insufficient reason" Commenters also state that Sirius has not provided "the full particulars of the proposed operation"as required by the rules."" In reply, Sirius states that ts STA request *included an Exhibit providing, for each currently planned terrestrial repeater with an EIRP greater than 2 kW: (1) geographic coordinates; (2) antenna type; (3) antenna orientation(4) antenna radiation pattem and any applicable vertical downtit; (5) total Equivalent Isotropically Rdiated Power (EIRP); and (6) height Above Ground Level (AGL). Sirius did not provide such data for any low—power repeaters (Le., EIRP of2 kW or less)because all parties have long disclaimed any desire to restrictor regulate such repesters." 7. We find that grant of an STA in these circumstances is appropriate and violates neither the Communications Act nor the Commission‘s rules. In 1997 when the Commission adopted service rules for SDARS and requested further comment on complementary terrestrial repeaters.it was clearly contemplated that the repeaters were to be part of the proposed satellte systems." In the service rules and in Sirius‘s individual SDARS license, Sirius was given specific milestone requirements including dates by which its system must be constructed and put into operation."".Sirius has proceeded with satellite construction, has in fact launched both of its satelites, and needs to employ terrestrial repeaters to provide adequate service. While Sirius was building itssystem, the Commission has been working to resolve the complex technical issues involved in adopting final rules to authorize SDARS repeaters but the Commission has not yet completed this rulemaking. We find that thissituation has created the extraordinary circumstances required by the statute and our rules to justify grant ofan STA. 1t would be unfair to penalize Sirius for complying with our required milestone schedule on the one hand but on the other hand force it to seriously delay initiation of service because there are no final repeater rules. Although Sitius has met itinterim milestones and is not facing an immediate deadline, it has expended significant time and money to pursue the license. 8. In addition, although Section 25.120 states that marketing considerations and customer service dates are not a sufficient justification for STA requests, we find that this portion ofthe rule does not apply in these circumstances. That language was included in the rule to address routine applications that could be normally granted within sixty days."" The rule A Comments of ATRT Wireless Services Inc. fled August21, 2001, in response t XWRadlo Irc. Applicaionfor SpectalTemporaryAuthority to Operate DigialAutlo Radio Srvice TerresticlRepeoters File No. SAT—STA—20010712—00063(iled July 12, 2001) 0Redio STA reqvest and Srue Satlite Redio nc ApplicationforSpectal TemporaryAuthorityto Operate Satlite DARS TerresialRepeatersFle No. SAT—STA« 20010724—00064 (Aled July 24, 2001) Giriu STA reques) (Comments o AWS) t 3 and Comments ofRllSouth Corpontion, fled August21, 2001 in responseto theXMRedio STA requestand th Siivs 374 request (Comments ofBellSouti) at 12. * a7 CrR 525.1000. 3 Reply comments of Sriu Satelite Radi, fled August 31, 2001, 2MRedio STA request and Sirue STA requestat56 ‘ SDARS Order and FNPR at 5810, 138 1 47 CFR § 2544(and n he Mater ofAmerican Moblle Radio Corporation, 13 ECC Red. 1829 co9n !t in the MaterofAnendinent ofPrt 25 ofthe Commission‘sRulesandRegultionsto RedaceAllen Corrier Anterference Between Fized—Satelite t Redvced Orbitl Spacings andto ReviseApplication Processing Proceduresfor Stelite Conmurications Services Reportand Orde, 6 FCC Red. 2806 at 2810 (1991).

Federal Communications Commission pa orzim codified an STA policy established for routine domestic satelfte earth station applications."" The Commission stated the policy "...has allowed our routine applications to be processed more efficiently because resources are devoted to processing underlying applications instead ofSTAs. When an application cannot be routinely granted within sixty days, the staff will, in most cases, consider a request for STA.""* 9. We find it is in the public interest to grant this STA to permit Sirius to operate its complementary repeater network on a commercial basis subject to certain conditions. The Commission has identified many public interest benefitsthat satllite DARS can provide. DARS will offer high quality radio signals to listeners in areas that have limited radio service.. With nationwide satellite coverage, motorists will have continuous radio coverage on long—distance trips. Diverse program formats, including educational, ethnic and religious programming are possible with the many channels that DARS will provide."" We also find that Sirius provided sufficient facts in its request to meet the standard required by the statute and our rules, We agree with Sirius that because the focus ofthe party‘s technical iterference objections has been on repeaters operating above 2 kW EIRP and because the particulars of those stations have been disclosed, Section 25.120‘s requirements for specificity have been satisfied. While grant ofthis STA will allow Sirius to begin to offer services to subscribers we recognize the concerns expressed by parties commenting on the STA request and have conditioned this STA to address them. ocal Origination of Programming 10. The National Association ofBroadcasters (NAB) and other broadcasters comment that the DARS licensees could use their terrestrial repeater network to compete on a local basis with terrestrial broadcasters."" They also question why the DARS operators have increased their number of repeaters during the pendency ofthe rulemaking proceeding.." They also assert that the rules proposed by the DARS licensees in their comments in the rulemaking proceeding do not adequately prohibit local origination of programming. Specifically, NAB requests that SDARS repeaters be limited to retransmitting the complete signal ofthe DARS satelltes at the same time that signal is transmitted to consumer satellite receivers."" They request the Commission to set a cap on the number ofrepeaters and either require individual lcenses for each repeater or require strict record keeping on installation in order to ensure that the DARS licensees do not provide local service. I 14 ar2s10,926 ®00 hearnsi0,527 & DARS Order and FNPRM mt 578—5761, 10—1. it Commentsof the Natloal Assaclation of Broadcasters, fled August21, 2001 in response o he AMRadio STA requestand the SriusSTA request (Comments ofNAB), Comments ofMi. Wilson FM Broodcasers, Inc. iled August 21,2001, inresponseto theXMRadio STA repuestand t SrizsSA reques, Comment ofEntrcom Communicaions Corp, Ailed August21, 2001 in response o theXMRadio STA request and the SiriusSTA request * NAB arpues thatsince Jantary 2001, the SDARS lcensees have sipnifcanty increased thei estimates from few hundred t 1150 fo Siius and 778 fr XM. Comment of NAB at 67 * 10 als.

Federal Communications Commission ba or—zi71 11. Under this STA, the use of repeaters is restricted to the simultaneous retransmission of programming, in its entrety, transmitted by the satellie directly to SDARS subscriber‘s receivers. The authority wl be so conditioned. Given the above, we believe that broadcasters‘ other requests for repeater number caps and individual icensing do not appear necessary and would not accomplish their stated objectives. ecturleat Constlornt 12. The comments from WCS licensees express concer about blanketing interference from DARS repeaters that operate with an EIRP above 2 kW. AT&T Wireless (AWS) states "AWS and other WCSlicensees have advocated that SDARS terrestrial repeaters be limited to no more than 2 kW EIRP.""" AWS accepts SDARS repeater operation at 2 kW and below and states "AWS continues to believe that a 2kW maximum is the appropriate level for al services in the band, including SDARS.""" Metricom explains "there is no technically feasible means by which Metricom can equip itsstations to accommodate SDARS operations at power Hevels ranging from over 2 kW to 40 kW EIRP, as proposed by Sirius in its STA request.""" Two commenters provided technical analyses that quantify the potential blanketing interference to their existing operational and soon to be operational facilities."" Other commenters prepared studies illustrating the effect ofDARS blanketing interference on planned WCS operations and services."" Wireless Communications Association Interational, Inc. (WCA},states that blanketing interference will affect MMDS and ITFS operations as well*" 13. The issue of blanketing interference to WCS and MDS/TES systems will be further and more fully addressed in the final rules adopted by the Commission in its docketed terrestrial repeater rulemaking proceeding. Indeed, there are areas around terrestril repeaters where this equipment may be susceptible to blanketing interference.*" In the interim, before final rules are adopted, all existing authorized radiocommunication facilities that are in operation during the period that the STA is i effect must be protected from interference caused by SDARS repeaters. We particularly note that in their comments, AWS and WorldCom identified certain repeaters that they believe will cause blanketing interference to their faciities."" " CommentsofAWSatZ. 8 o C Comments of Metrcom, In., Aled Aupust21, 2001, in responseto the 2M Radio STA request and the Strius STA request (Comments of Metricont)ar 8. 2 id at Atiachments A and B; Opposion o STA Reques, filed by WorldCom, Inc.on August 21, 2001 in responsetotheXMRadio STA requestand the SriuSTA reguest (WorkdCom Opposion) at Exhibt 1 * Comments of BelSouth at Atachment B; Comments of Meticom at Extibit A. # Comments in Opposion t Grat ofSTA Requests filed by Wirless Communications Association Interational,Inc(WCA) on Aupust 21, 2001in response t the XRadko SA request and the Srize SEA request 3. MDS includes single channel MulipointDistibution Service (MDS)and mult—channel MDS (MMDS) authorizations n the 2150—2162 Mitz and 2500—2690 Mitz bands. "* Reply Comment of Verizon Wirless, filed August 31, 2001,XMRedo TA request and te Sirius SZ4 request u6. * Comments of AWS at Atachment A, Ematum to Comments of AT&T Wieless Services,Inc. ied on August 29,2001, t the Commentsof AWS atAtachment A (revised), WorldCom Opposion at Atachments 1 and 2

Federal Communications Commission Da or—zim 14. Based on the comments filed in response to the STA request, Sirius not permitted to commence commercial operations on any repeater identified in the comments as affecting an operational WCS base station until Sirius has pre—coordinated the operation of that repeater with the affected WCS licensee(s). Sirius is permitted to commence commercial operations on all other repeaters subject to the conditions ofthis STA. One such condition on Siriusis that it immediately reduce the power level o, if necessary, cease operation of any repeater that causes interference to a WCS, MDS or ITFS authorized station upon the receipt of a written, descriptive notification from a WCS, MDS or ITFS licensee identifying the specific source ofinterference."" For those repeaters identified as affecting WCS stations that are to be placed in operation in the near future, we require that Sirius reduce its power level or,if necessary, cease operation ofthe identified repeater ifcoordination has not been completed with the affected WCS licensees prior to those WCS stations becoming operational. To facilitate this coordination, we expect WCSlicensees to provide a schedule or as much advance notice as possible ofwhen their stations are to be placed in operation. We expect the licensees to fully cooperate in the exchange ofinformation during the coordination process to mitigate the potential for iterference to WCS faciities not yet in operation and to immediately eliminate interference thatis caused to an operational WCS, MDS, or ITFS facility. To facilitate the coordination process, Sirius must take two actions: it shall (1) make available to the WCS Hicensees and to the Commission, immediately upon request, the locations and technical parameters ofall repeaters operating pursuant to this STA, including those operating at or below 2 kW EIRP," and (2) provide the name and telephone number ofa point ofcontact to all WCS licensees and to WCA prior to commencing operation, that will be available on a continuous basis (Le., 24 hours a day, 7 days a week) to receive reports of actual interference and to take immediate action to correct i. 15. Two WCS equipment manufacturers expressed concerns regarding out—ofband emissions."" The DARS licensees have designed high—powered transmitters with out—of—band emissions requirements that are far more restrictive than the requirement specified in the Commission‘s rules."" Sirius has indicated that it can meet this much more stringent out—of—band * Sius is permited o resume repeatr operation afr adequate filering has beeninsaledatth afected WCS, MDS, TTFS station, or other remedial seps have beentaken by irlus that climinates th inteference problem at nocost t the complainant and aftr Sris cerifiestothe Commission that th inteference complant has been resoved. Aditionall, Sirius willb responsiblefor addressing any complaints from it customers that may aris if they should have to reduce poer o cease aperations of a paricula repeater. Comments of BeliSouth at 38 * We anticipate hat in provding suchinformation it wouldbe reasonable or Sristo ente intoa commercially reasonable non—discosure agreement with WCS lcenseessecking acces o theinformation on repeaterlocations. We aso expectthatthe WCS icensee requesting suchinformationfrom Sius would give a simiatyprompt and reasonableresponse to a requestfrom Sirusfor elevant information repartingthe location and technical parameters of thelcensees WCS statons. Writen Ex Pare Comments of BeamiReach, Aled August 21,2001, in responseto heXMfRadio STA request and t Srius STA requestat 10 Writen Ex PartComments of Navini Networks, ied on August23, 2001, in response to the 2M Radlo SZ4 request and the Sirius STA requestat 6. & "The ou—ofband emissions requirement proposed by the DARS icensecs is to atencateth trnsmiter EIRP by 75+ 1Olog@RIRP) dB, which is fr more estictve thanthe "emissions mask" define in § 25 202() of the Commission‘srdes that applies o all Part 23 lensees. The Commission had proposed in the DARS Order and NPR t apply th § 2320200 emission mask o teresrial epeaters in ordertoprevent out—oRband intrfrence to adicent mdiocommunication services

Federal Communications Commission ba ot—zi71 emission level. Therefore, we will adopt the DARS licensees‘ proposed out—of—band attentation requirement of75+10l0g (EIRP) dB below the transmitter EIRP as a condition ofthis STA.. The out—ofband emission levelis subject to the final adoption by the Commission in its proceeding 16. There are existing Commission rules that already apply to the implementation and operation of the SDARS terrestral network. Specifically, compliance with the environmental rules ofC.F.R. 47, Part 1, and the antenna marking and lighting rules ofPart 17 is required. ‘The operation of SDARS repeaters must also conform to the requirements of the international agreements with Canada and Mexico concerning the use of the 2310—2360 MHz band."" Sirius has indicated in its STA request that it will comply with these rules and international agreements. 17. For the above reasons, we grant Sirius STA to operate complementary terrestral repesters with an ERIP at or below 2 kW nationwide and repeaters with an EIRP above 2 kW as specified in Exhibit A ofthe STA request" for a period not to exceed 180 days or on the date on which permanent rules become effective, whichever occurs first. In order tolimit the scope ofthe STA, we will require Sirius to make available to the Commission, immediately upon request a list ofthe locations and technical specifications ofterrestrial repeaters with an EIRP of2 kW or less as ofthe grant date ofthe STA. Sirius‘s authority with respect to these lower power repeaters extends only to those repeaters on thislist IV.— ORDERING CLAUSES 18 Sirius Satelite Radio 18 GRANTED authority w'opulle its SDARS terrestr repeater network to provide commercial SDARS to consumers subject to the following conditions: (a) Any actions taken as result ofthis STA are solely at Sirius‘s own risk, This STA shall not prefjudice the outcome ofthe final rules adopted by the Commission in GEN Docket 95—91; (5) Operation ofall SDARS repeaters authorized pursuant to this STA is on a non= interference basis with respect to all permanently authorized radiocommunication facilities. Sirius shall provide the information and follow the process in accordance with paragraphs 14 and 17 above; (c) SDARS repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satelite directly to SDARS subscriber‘s receivers; (d) Coordination of SDARS repeater operations shall be completed with all affected Administrations prior to operation, in accordance with all applicable international y Agreement Concerning the Coordination Betveen US Satelte Digtal Autto Radio Srvice and Canadion FivedService andMoble Aeroncutical Tlemetry Service in the Band 2320—2345 Mz implemented on September 1, 1998 andAgreement Betweenthe Govermment ofthe UnitedStates ofAmerica and the Government ofthe United AMexicon Sttes Concerning the Use ofthe 2310—2360LizBandsigna in Mexico City, July 24, 200. * StnusSTA request

Federal Communications Commission ba ot—2i71 agreements including those with Canada and Mexico; (e) SDARS repeaters shall comply with Part 17 ofthe Commission‘s rules — Construction, Marking, and Lighting ofAntenna Structures; ({) SDARS repeaters shall comply with Part 1 ofthe Commission‘s rules, Subpart I~ Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 ofthe Commission‘s rules; (&) SDARS repeater out—ofband emissions shall be limited to 75+log(EIRP) dB less than the transmiter EIRP; (1) This STA will expire on March 18, 2002 or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 19. Sirius is afforded fifteen days from the date of release of this STA to decline this wthorization as conditioned. Failure to respond within that period will constitute formal 1cceptance of the authorization as conditioned 20. This Order is effective upon release. FEDERAL COMMUNICATIONS COMMISSION /Domld ‘Abelson +>~— Chict, International Bureau


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Document Modified: 2005-09-28 15:53:49
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