Attachment Sirius- Grant Dec 21

Sirius- Grant Dec 21

DECISION submitted by IB,FCC

GR

2010-12-21

This document pretains to SAT-STA-20061013-00121 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006101300121_857713

g— File # SAT—S31Th—20061013— 60121 : * cOM) SAT—STA—20061013—00121 1B2006002814 ’ fa A Sirius XM Radio Inc. |o Call Sign Grant Date IZ/Z\/‘O | (or other identifier) Term Dates See Approved by OMB S | From iZ/ZI/lO To: concifions 3060—0678 Date & Time Filed: Oct 13 2006 7:20:34:156PM I u | A proved: W /fiédfl File Number: SAT—STA—20061013—00121 *¥ with condifions Steprey 3. Duall Callsign: Chief] Setellite Policy Branch FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY APPLICANT INFORMATION Enter a description of this application to identify it on the main menu: Request for Modification of SDARS Terrestrial Repeater STA — 180 Days 1. Applicant Name: Sirius Satellite Radio Inc. Phone Number: 212—584—5100 DBA Name: Fax Number: 212—584—5353 Street: 1221 Avenue of the Americas E—Mail: 36th Floor City: New York State: NY Country: USA Zipcode: 10020 — Attention: Mr. Patrick L. Donnelly

Attachment to Grant Application of Sirius Satellite Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20061013—00121 Special temporary authority (STA) is granted to Sirius Satellite Radio Inc. (Sirius) to operate the terrestrial repeaters as specified in Attachment E to the Consent Decree adopted on July 25, 2008 (FCC 08—176), for a period of 180 days. This grant is taken in response to the Commission‘s instruction in the Establishment ofRules and Policies for the Digital Audio Radio Satellite Service in the 2310—2360 MHz Frequency Band, IB Docket No. 95—91, Second Report and Order, FCC 10—82 (rel. May 20, 2010).‘ As a result of the Commission‘s instruction, we also take the ministerial action of dismissing the petition filed by the WCS Coalition to deny Sirius‘s STA request to operate a repeater in Wilmington, Delaware, at a power level in excess of 2,000 watts equivalent isotropically radiated power. This authorization is granted according to the technical parameters specified in Sirius‘ application and is subject to the terms and conditions of the Consent Decree and the conditions below. 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. SDARS terrestrial repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the SDARS licensee‘s satellite(s) directly to the SDARS licensee‘s subscribers‘ receivers, and may not be used to distribute any information not also transmitted to all subscribers‘ receivers. Coordination of the operations of the terrestrial repeaters shall be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. The terrestrial repeaters shall comply with Part 17 of the Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures. The terrestrial repeaters shall comply with Part 1 of the 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 of the Commission‘s rules. Any SDARS terrestrial repeater operating at a power level greater than 2—watt average EIRP is required to attenuate its out—of—band emissions below the transmitter power P by a factor of not less than 90 + 10 log (P) dB in a 1—megahertz bandwidth outside the 2320—2345 MHz band, where P is average transmitter output power in watts. Any SDARS terrestrial repeater operating at a power level equal to or less than 2—watt average EIRP is required to attenuate its out—of—band emissions below the transmitter power P by a factor of not less than 75 + 10 log (P) dB in a 1—megahertz bandwidth outside the 2320—2345 MHz band, where P is average transmitter output power in watts. This STA expires after 180 days, or on the date that permanent authority to operate the covered repeater operations becomes effective, whichever occurs first. » Sirius is granted 30 days from the date of the release of this authorization to decline the authorization as conditioned. Failure to respond within that period will constitute formal acceptance of the authorization as conditioned. \ Second Report and Order at para. 264 (instructing the International Bureau to grant all requests for STA to operate terrestrial repeaters pending as of May 20, 2010).

Attachment to Grant Application of Sirius Satellite Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20061013—00121 9. This action is taken on delegated authority pursuant to 47 C.F.R. § 0.261 and is effective upon release. Petitions for reconsideration under 47 C.F.R. § 1.106 or applications for review under 47 C.F.R. § 1.115 may be filed within 30 days of the date of the Public Notice announcing this action. File # CSP_ eSTD 2erxslo2.—ceor?| Call Sign Grant Date \Z/Z_I/IO | (orother identifier) t Term Dates 866 $. 12/24/10 || From mmmnammmcompmemeemenrommsenes corditions q,. inommnommmmarsmemmemnnemmmmmimes | roved: _ M}/flw *with conditions 51’6:,?;4\3”, Doall Chiet, Satellite Dlicy Branch

2. Contact Name: Mr. Patrick L. Donnelly Phone Number: 212—584—5100 Company: Sirius Satellite Radio Fax Number: 212—584—5353 Street: 1221 Avenue of the Americas E—Mail: City: New York State: NY Country: USA Zipcode: 10020 — Attention: Relationship: Same (If your application is related to an application filed with the Commission, enter either the file number or the IB Submission ID of the related application. Please enter only one.) 3. Reference File Number SATSTA2005030100053 or Submission ID 4a. Is a fee submitted with this application? @ If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.E.R.Section 1.1114). C Governmental Entity C3 Noncommercial educational licensee {3 Other(please explain): 4b. Fee Classification CXW — Space Station (Non—Geostationary) 5. Type Request L3 Change Station Location C Extend Expiration Date @, Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date

8. Description (If the complete description does not appearin this box, please go to the end of the form to view it in its entirety.) Sirius Satellite Radio herein requests Special Temporary Authority to operate 11 satellite digital audio radio service terrestrial repeaters for 180 days. ' 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject ty Yes C No 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 "party to the application" for these purposes. 10. Name of Person Signing 11. Title of Person Signing Patrick L. Donnelly j Executive VP and Gen. Counsel 12. Please supply any need attachments. Attachment 1: Exhibit Attachment 2: Attachment 3: WILLEFUL 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).

ECC 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 burdenit 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@fcee.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 orif 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 LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Attachment Sirius Satellite Radio Inc. ("Sirius") hereby requests Special Temporary Authority ("STA"), pursuant to Section 25.120(b)(2) of the Commission‘s rules," for a period of 180 days, to operate 11 satellite digital audio radio service ("DARS") terrestrial repeaters pursuant to the technical parameters in the attached Exhibit. These repeaters already have been constructed, although none is currently operating. This application requests a modification of Sirius‘ repeater STA so it may resume service from these locations. These repeaters will not generate harmful interference given that: (1) all but one of the subject repeaters were operating at or below currently authorized power levels; (2) all but one of the subject repeaters were operating within 10 miles of their reported locations; (3) Sirius is unaware of any operational WCS stations in the vicinity of the subject repeaters; and (4) Sirius is unaware of any complaints of interference from the subject repeaters. As the Commission knows, delivering high—quality music, news and entertainment to mobile users throughout the coterminous United States requires parallel terrestrial transmitters to overcome service availability shortfalls from multipath interference as well as b1ocking/shadowing.2 Thus, the International Telecommunication Union definition of satellite DARS includes "[clomplementary terrestrial repeaters."" Similar language in the United States Table of Frequency Allocations (as amended in 1995) reinforces the role of DARS repeaters: "[t}he band 2310—2360 MHz is allocated to the broadcasting—satellite service (sound) and complementary terrestrial broadcasting service on a primary basis."* In order to permit seamless switching between transmit sources, the FCC first granted an STA to Sirius and XM on September 17, 2001," with minor amendment and augmentation since." The terrestrial component of the Sirius | 47 C.F.R. § 25.120(b)(2). Sirius concurrently is seeking authority under Section 25.120(b)(4) to restore operations for 30 days. 2 Sirius Satellite Radio Inc. Application for Special Temporary Authority to Operate Satellite Digital Audio Radio Service Complementary Terrestrial Repeaters, Order and Authorization, 16 FCC Red 16773, «2 (Int‘l Bur. 2001) (©2001 STA Grant Order") ("use of complementary terrestrial repeaters to overcome the effects of satellite signal blockage and multipath interference was recognized by the Commission when it adopted service rules for SDARS."); Establishment ofRules and Policiesfor the Digital Audio Radio Service in the 2310—2360 MHz Band, Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, 12 FCC Red 5754,5810 (1997) ("DARS R & O/Notice") ("‘These terrestrial gap—fillers would re—transmit the information from the satellite to overcome the effects of signal blockage and multipath interference."). > ITU Table of Frequency Allocations footnote 5.396. a 4 C.F.R. § 2.106 footnote US327 (2005) (emphasis added). 5 1d. 6 Most recently, in September 2004, the Commission granted Sirius a new STA to operate for 180 days or until the Commission issued final rules governing the use of satellite DARS terrestrial repeaters. See, eg., Sirius Satellite Radio Inc. Request to Modify Special Temporary Authority To Operate Satellite DARS Terrestrial Repeaters, Order and Authorization, 19 FCC Red 18140 (2004) (©2004 ST4 Grant Order‘"), DARS R &0/Notice, 12 FCC Red at 5810—12 (%"[ 138—42). Sirius timely filed for renewal of this

satellite radio service consists of 240 transmit sites, of which approximately 130 currently are operational, with 16 additional sites sought but not yet granted.‘ The Exhibit details the technical parameters of the 11 terrestrial repeaters included in this application. It also lists characteristics of 11 sites already authorized by STA. The lists are broadly similar. With one exception, the repeaters were placed at locations departing slightly from the STA —— more than half of them within two miles of their reported sites. In addition, some of the 11 repeaters were built with beamwidths, orientations, sectorization, and/or heights different from the STA‘s terms. Sirius regrets these errors and is taking steps to help ensure that these errors will not occur in the future. Although the 2001 STA Grant Order requires that Sirius pre—coordinate with WCS licensees any repeater affecting an operational WCS base station," Sirius is not aware of any operational WCS base station in any of the cities listed in the Exhibit and has therefore not provided notice of these proposed modifications to the WCS licensees. However, to the extent deemed necessary by the Commission, Sirius requests a waiver of the pre—coordination requirement. There is good cause for the requested waiver because Sirius received no complaints of interference caused by the former, variant, repeater parameters, and waiving notice will expedite service restoration for Sirius subscribers." Sirius notes that the 11 repeaters compensated for localized satellite service availability shortfalls. In sum, Sirius requests special and temporary authorization of the now—dormant transmitters. Especially absent any potential interference to other licensed networks, the public interest would best be served by meeting customer demand for the seamless service envisioned in the Commission‘s DARS rulemaking—by rapidly granting this application. Accordingly, Sirius requests that the Commission issue a revised 180—day STA authorizing operation of the subject 11 repeaters in accordance with the parameters in the Exhibit. Sirius acknowledges that the conditions imposed in the 2001 ST4 Grant Order‘° will apply to any grant of this application. STA on March 1, 2005. See File No. SAT—STA—20050301—00053. To date, the Commission has not acted on this request. Under Section 1.62(f) of the Commission‘s rules, the timely filed renewal tolls the expiration of the previously granted STA. 47 C.F.R. § 1.62(f). 7 See IBFS File No. SAT—STA—20060623—00067. 8 2001 STA Grant Order at [ 14. ° See 47 C.F.R. § 1.3; WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969); Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1166 (D.C. Cir. 1990). 10 The conditions make all Sirius repeaters subject to the outcome of the Commission‘s rulemaking in IB Docket 95—91.

EXHIBIT SIRIUS SATELLITE RADIO Current STA Sector 1 Sector 2 Sector 3 Coordinates Market No Of Sectors Antenna Type B::::a?;h Orientation Downtilt (5\;:[;) Ble\:::r:«?(;h Orientation Downtilt (VEV';Z) B):;::\?«‘i‘;h Orientation Downtift (\5’:&) Longitude (W) Latitude (N) Antenna Height (feet) lAkron, OH 1 HMDBV90—RO5—H 90 320 0 14100 — — — — — — — — 81—30—14.00 41—03—53.00 150 lAtlanta, GA 1 EMS FR90—17—00NVL 90 220 0 7000 — — — — — — — — 84—25—30,26 33—39—35.60 199 Greensboro, NC 1 HMDBV90—RO5—H 90 240 0 14100 — — = — — — — — 79—45—38.10 36—05—10.30 504 Harrisburg 1 HMDBV2O—RO5—H 90 140 0 22400 = — — — — — — — 76—56—45.00 40—19—07.00 178 Knoxvile, TN 1 HMDBVSO—ROS—H 90 90 0 22400 — — — — — — — — 84—01—22.60 35—57—46.20 265 Lansing, M 1 EMS FR90—17—00NVL 90 120 0 7000 — — — — — — — — 84—33—07.21 42—43—56.76 345 Monterey, CA 1 HMDSPV180—RO5—H 180 180 0 2000 — — — — — — — — 121—51—24.00 36—36—26.00 135 Orlando, FL 1 EMS RV80—18—00NV 80 130 0 800 — — = — ~ — ~ — 81—20—17.6 28—27—15.7 90 Pabble Beach, CA 1 EMS FR90—17—00NVL 90 270 0 7000 = — — — — — — — 121—55—19.00 36—36—10.00 45 Philadelphia, PA 1 EMS FR90—17—00NVL 90 300 0 7000 — — — — — — = — 75—12—11.16 40—00—11.52 280 Wilmingion, DE 1 HMDBV90—RO5—H 90 225 0 14200 — — ~ — — — = — 75—32—49.00 39—44—53.00 430 Modifications Market No Of Sectors Antenna Type Secior 1 Sector 2 Sector 3 Coordinates . Antenna Height (feet) Antenna Beamwidth Orientation Downtilt EIRP Antenna Beamwidth Orientation Downtilt EBP AMfENN2 Beamwidth Grisyiation Downtilt} ,(CC, Longitude (W) Latitude (N)

CERTIFICATE OF SERVICE I, Pam Conley, do hereby certify that on October 13, 2006, I served a copy of Sirius‘ Request For Modification of SDARS Terrestrial Repeater STA (180 days) upon the following parties by U.S. first—class mail, postage pre—paid: Mr. James M. Robinson IV Ms. Robin Cohen AWACS, Inc. Nextel Spectrum Acquisition Corp. 175 E. Houston St., Rm 1152 2001 Edmund Halley Drive San Antonio, TX 78205 Reston, VA 20191 Mr. Charles Cerino Mr. Kurt Schaubach Comcast WCS Senior Vice President, Engineering 1500 Market Street NextWave Broadband, Inc. Philadelphia, PA 19103 11500 South Eastern Avenue Henderson, NV 89052 Ms. Christina Burrow Counsel for Comcast WCS Ms. Jennifer Richter Dow, Lohnes & Albertson, PLLC Counsel for NextWave Broadband, Inc. 122 New Hampshire Ave., NW Patton Boggs LLP Suite 800 2550 M Street, NW Washington, DC 20036 Washington, DC 20037 Mr. Robert Saunders Ms. Linda Woolcott Bell South Wireless Cable, Inc. NextWave Broadband, Inc. 754 Peachtree, Street 12670 High Bluff Drive 14"" Floor, Room D1487 San Diego, CA 92130 Atlanta, GA 30308 Mr. Rajendra Singh Mr. James Harralson Horizon Wi—Com LLC BellSouth Mobile Data, Inc. 201 N. Union St. #360 1155 Peachtree Street, N.E. Alexandria, VA 22314 Suite 1800 Atlanta, GA 30309 Mr. Thomas Gutierrez Counsel for Horizon Wi—Com LLC Mr. Paul J. Sinderbrand Lukas, Nice, Gutierrez & Sachs, Counsel for Sprint Nextel, Nextel Chartered Spectrum Acquisition Corp., and the 1650 Tysons Boulevard, Suite 1500 WCS Coalition McLean, VA 22102 Wilkinson Barker Knauer LLP 2300 N Street NW, Suite 700 Ms. Mary McDermott Washington, DC 20037 NTELOS Inc. PO Box 1990 401 Spring Lane Waynesboro, VA 22980

Mr. James S. Blitz Vice President, Regulatory Counsel XM Radio Inc. 1500 Eckington Place, NE Washington, DC 20002 /s/ Pam Conley Pam Conley


Document Created: 2019-04-14 14:09:41
Document Modified: 2019-04-14 14:09:41
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