Attachment Sirius XM- Grant Dec

Sirius XM- Grant Dec

DECISION submitted by IB,FCC

gr

2010-12-21

This document pretains to SAT-STA-20061107-00131 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006110700131_857687

Tilse # SAT—STA— 2060 61107—60013) SAT—STA—20061107—00131 182006003001 Sirius XM Radio Inc. Call Sign Grant Date_12/21/160 (or other identifier) Term Dates ($°€ _ Approved by OMB 12 /21/0 || From Gereemecoearmcscmmint To: conditions 3060—0678 +yK t I | Date & Time Filed: Nov 72006 8:09:02:566PM File Number: SAT—STA—20061107—00131 *with conditions Callsign: 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: Sirius Satellite Radio Request for STA to operate four SDARS repeaters in Alaska and Hawaii 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—20061107—00131 Special temporary authority (STA) is granted to Sirius Satellite Radio Inc. (Sirius) to operate four terrestrial repeaters, each with an Effective Isotropically Radiated Power (EIRP) of less than 2,000 watts (average) at various locations in Alaska and Hawaii, for a period of 180 days. This grant is taken in response to the Commission‘s instructions in the Establishment of Rules 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 this instruction by the Commission, we also take the ministerial action of dismissing the petitions to deny Sirius‘s STA request to operate repeaters in Alaska and Hawaii that were filed by the National Association of Broadcasters (NAB), Mt. Wilson FM Broadcasters, Inc., and the Alaska Broadcasters Association/the Hawaii Association of Broadcasters. This authorization is granted according to the technical parameters specified in Sirius XM‘s application and is subject to 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—wait 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 Orderat paras. 288—89 & n.666 (finding that the public interest favors the ability of SDARS licensees to operate terrestrial repeaters in areas that are not within the service footprint of SDARS satellites and instructing the International Bureau to grant Sirius‘s pending STA application to operate repeaters in Alaska and Hawaii).

Attachment to Grant Application of Sirius Satellite Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20061107—00131 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. Tils # 3DT—STh—20061107—0013| Call Sign GrantDate 12 /21/168 (or other identifiet) Term Dates ~C2 Y From |2/2!/10 To: Condiions W ved: ’/ / ational Burcatt | Appro% yé(j‘ DUQH *(,U(H’\ COnd(fiOflS C_h\eF Sedellite Po\uc:j Granch

2. Contact Name: Mr. Patrick L. Donnelly Phone Number: 212—584—5100 Company: Sirius Satellite Radio Inc. Fax Number: 212—584—5353 Street: 1221 Avenue of theAmericas 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? @ I Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). g74 Governmental Entity g74 Noncommercial educational licensee C Other(please explain): 4b. Fee Classification —CXW — Space Station (Non—Geostationary) 5. Type Request £74 Change Station Location £4 Extend Expiration Date @ Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date

8. Description (If the complete description does not appear in 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 four satellite digital audio radio service terrestrial repeaters in Alaska and Hawaii. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes q734 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 Executive VP and Gen. Counsel 12. Please supply any need attachments. Attachment 1: STA Request 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 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 jJboley@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 sponsorthis 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 that the Federal Communications Commission ("FCC" or "Commission") modify its existing special temporary authority ("STA") to allow Sirius to operate four (4) additional satellite digital audio radio service ("satellite DARS") terrestrial repeaters set forth in the attached Exhibit. ‘ Sirius has identified these new sites, which will operate below 2000 watts, as necessary to allow it to provide high quality commercial satellite DARS programming in Alaska and Hawaii. Because Sirius‘ satellites are focused over the continental United States and Sirius does not use spot beams for Alaska and Hawaii, these repeaters are essential to ensure that residents of these states can receive optimal SDARS service from Sirius. These complementary terrestrial repeaters will also be used to overcome the effects of satellite signal blockage and multipath interference within those states. On September 17, 2001, the Commussion granted Sirius an STA to operate its satellite DARS terrestrial repeater network.‘ Since that time, the Commission has extended the STA several times, pending the issuance of final rules governing the use of satellite DARS terrestrial repeaters." The FCC has also previously granted several modifications of the STA." Granting this modification will serve the public interest for the same reasons discussed in the Commission‘s 2001 STA Grant Order, which include the provision of "high quality radio signals to areas that have limited radio service," continuous radio coverage for individuals on long—distance trips, and "[d|iverse program formats, including educational, ethnic and religious programming.”4 In particular, grant of this modification will help ensure that these benefits can be experienced nationwide. I 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 (Int‘l Bur. 2001) ("©2001 STA4 Grant Order‘). ‘ 2 In September of 2004, the Commussion 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. 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 STA Grant Order‘). Sirtus timely filed an application for renewal of this STA on March 1, 2005. See File No. SAT—STA—20050301—00053. To date, the Commission has not acted on this application. 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). 3 In addition to this application, Sirtus currently has pending a request for modification of STA to operate 16 additional repeaters, 30—day and 180—day requests for STA to operate 11 repeaters at new sites, and 30—day and 180—day requests, being filed concurrently with this application, to operate a substitute repeater at a new site in Las Vegas, NV due to the destruction of the Stardust Hotel. See File Nos. SAT— STA—20060623—00067, SAT—STA—20061013—00121, SAT—STA—20061013—00122. 4 2001 STA Grant Order at 16776 (4] 9).

Sirius does not anticipate any in—band or out of band interference from these repeaters. In addition, because these repeaters will operate below 2000 watts, Sirius has not notified Wireless Communications Services ("WCS") licensees. WCS licensees have indicated that repeaters operating at or below 2000 watts do not pose a threat of interference with WCS receivers. Therefore, Sirius respectfully requests that the Commission promptly grant its proposed modifications to its STA without requiring further notice. Sirius understands that the operation of these repeaters is subject to the conditions placed upon that operation by the 2004 STA Grant Order. Grant of the requested modification will not alter Sirius‘ obligations to protect authorized radiocommunications facilities from interference. Further, the final characteristics of these and the other Sirius terrestrial repeaters remain subject to the outcome of the Commission‘s rulemaking proceeding.

EXHIBIT Information Sector 1 Sector 2 Sector 3 Market No Of Sectors Antenna Type ~ Antenna Height (feet) Antenna Beamwidth Orientation Downlilt EIRP (Walts) AMeM0® Beamwidth orientation Downlilt EIRP (Watts) pAnenns,, Orientation Downtit EIRP (Watts) Longitude (W) Latitude (N) — — — — — — — — 147—42—58.69 Andrew HMD8V360—RO5—H Omni — — — — — — — — 1 Andrew HMD8V360—RO5—H Omni — — — — — — — — 157—51—41.38 21—18—29.95

CERTIFICATE OF SERVICE I, Carol Hilton, do hereby certify that on November 7, 2006, I served a copy of Sirius‘ Request for Special Temporary Authority 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 Comeast 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

Ms. Mia Lovink Cellutech 1403 30th St NW Washington, DC 20007 Mr. Thomas L. Gibson Guam Cellular & Paging 219 South Marine Drive, Suite 206 Tamuning, GU 96911 Mr. David L LaFuria Counsel for Guam Cellular & Paging Lukas, Nace, Gutierrez & Sachs, Chartered 1650 Tysons Blvd, Suite 1500 McLean, VA 22102 Ms. Sheila Chen Pacific Triangle Communications Inc. 77 Longstreet Rd Holmdel, NJ 07733 Mr. Gregory M. Necaise Stratos Offshore Services Company One Shell Square, Suite 1550 701 Poydras Street New Orleans, LA 70139 Mr. James S. Blitz Vice President, Regulatory Counsel XM Radio Inc. 1500 Eckington Place, NE Washington, DC 20002 /s/__ Carol Hilton Carol Hilton


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Document Modified: 2019-04-13 02:44:19
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