Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2006-11-15

This document pretains to SAT-STA-20061107-00133 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006110700133_535674

Approved by OMB 3060—0678 Date & Time Filed: Nov 72006 8:26:16:633PM File Number: SAT—STA—20061107—00133 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 Modification of Las Vegas, NV SDARS Repeater (30 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 4o attached condifions subject T | li. 4# SDT— ST— 20061107— 00133 3 Call Sign __ Gvant 1"”“‘,'_‘__[_.'_5.!9.91 § (or etherdcentificr) i Torm Dates t & From 11/1G4/06 ']'”3__.'_&1_!.?_/9-9— _ GrANTED mm W L Internatonal Burcau | Approved: , i'fM q . Fern Torqmu(\/neK ,DepLdfl Chiet css wlb Asa xt ut

Application of Sirius Satellite Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20061107—00133 Special temporary authority (STA) IS GRANTED to Sirius Satellite Radio Inc. (Sirius) to operate one terrestrial repeater in Las Vegas, Nevada, at the location and with the technical parameters specified in its application for a period of 30 days subject to the following conditions: 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. Operation of all 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 set forth in paragraphs 14 and 17 in 16 FCC Red 16773 (Int‘l Bur. 2001) and 16 FCC Red 16781 (Int‘l Bur. 2001), as modified by 16 FCC Red 18481 (Int‘l Bur. 2001) and 16 FCC Red 18484 (Int‘l Bur. 2001). SDARS repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS subscriber‘s receivers. Coordination of SDARS repeater operations shall be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. SDARS repeaters shall comply with Part 17 of the Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures. SDARS repeaters shall comply with Part 1 of the Commission‘s rules, Subpart I — Procedures Implementing the National Environmental Policy Act of 1969, including the guidf:lines for human exposure to radio frequency electromagnetic fields as defined in Sections 1.1307(b) and 1.1310 of the Commission‘s rules. SDARS repeater out—of—band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP, This STA commences on November 16, 2006, and will expire 30 days thereafter, or on the date onfwhlch permanent rules governing repeater operations becom e 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 withi n that period will constitute formal acceptance of the authorization as conditioned. '

10. This action is issued pursuant to Section 0.261 of the Commission‘s rules on delegated authority, 47 C.F.R. § 0.261, and is effective immediately. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission‘s rules, 47 C.F.R. §§ 1.106, 1.115, may be filed within 30 days of the date of the public notice indicating that this action was taken. lils # SBT— Sih— 2006107— 00133 Calt Sign _ Grant Date /lS/Ob it _ (or other identificr) Torm Date From /“0 _ 1606 To: __/IS/OO 12 ; InternatGonal Bureau Approved: FMM 9" W “*subJed 40 aftached Femm Tarmu\ne_\( Deputy Chief condihons Seatellite bivision

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 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? & !f Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.ER.Section 1.1114). ( Governmental Entity «3 Noncommercial educational licensee [eo] Other(please explain): 4b. Fee Classification —CXW — Space Station (Non—Geostationary) 5. Type Request @ 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 requests Special Temporary Authority for 30 days to relocate one of its terrestrial repeaters in Las Vegas, NV due to the destruction of the Stardust Hotel and Casino. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes 4 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 &quot;party to the application&quot; 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: 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).

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@fee.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 r'lot 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 LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Attachment Sirius Satellite Radio Inc. ("Sirius") requests that the Federal Communications Commission ("FCC" or "Commission") grant special temporary authority ("STA") for 30 days, beginning as soon as possible but no later than December 15, 2006, to allow Sirius to operate a substitute satellite digital audio radio service ("‘satellite DARS") repeater in Las Vegas, NV, as set forth in the attached Exhibit.‘ Sirius requires repeaters to allow it to provide high quality commercial satellite DARS programming nationwide. On September 17, 2001, the Commission granted Sirius an STA to operate its satellite DARS terrestrial repeater network, including a 2 repeater located on the Stardust Hotel and Casino in Las Vegas, NV ("Stardust Hotel") 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. The Stardust Hotel closed on November 1, 2006 and will be razed early in 2007 to allow for construction of a new hotel. Thus, the structure on which Sirius currently has installed its repeater will no longer exist. Sirius has identified an acceptable alternate location for its repeater, and Sirius will be required to install this substitute repeater at the new site in the near future. Sirius was recently advised that the construction schedule for the Stardust could require shut—down of the existing repeater as soon as early December, and that the repeater must be physically removed from the Stardust by December 15, 2006. The technical parameters of the current repeater and the proposed substitute repeater are attached as an Exhibit. Granting this modification will serve the public interest for the same reasons discussed in the Commission‘s 2007 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 "[dJiverse program formats, 1 Because Sirius is requesting STA for only 30 days, the Commission can grant this application without placing it on Public Notice. 47 C.F.R. § 25.120(b)(4). Concurrent with this STA request, Sirius is filing an application for a 180—day STA to operate the substitute repeater. 2 Sirius Satellite Radio Inc. Applicationfor 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 STA Grant Order"). 3 In September of 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. Establishment Strius 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"). Sirius timely filed an application for renewsal 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 g:;)rgz?fi)ssion’s rules, the timely filed renewsal tolls the expiration of the previously granted STA. 47 C.F.R.

including educational, ethnic and religious programming.""* In particular, grant of this modification will help ensure the continued reliable service that Las Vegas residents and businesses have come to expect from Sirius. 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 Las Vegas and has therefore not provided notice of the proposed modification 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 has received no complaints of interference caused by the current repeater, and waiving notice will ensure continued service for Sirius subscribers." Because the new repeater will operate at the same Effective Isotropically Radiated Power ("EIRP") as the current repeater, Sirius does not anticipate any out—of—band interference. In addition, because the repeater being installed is a substitute repeater as that term is defined in the proposed rules recently submitted by Siriusin the SDARS rulemaking proceeding,‘ the Commission should approve this application using the grant stamp mechanism. The proposed repeater is replacing a repeater at a site that is "physically unusable," is less than three kilometers away from the repeater it is replacing, does not increase the size of the area within the —44 dBm contour of the repeater it replaces, and does not extend the —44 dBm contour of the repeater it replaces more than 3 km in any direction. Thus, the Commission can be assured that the substitute repeater will have no incremental impact on any licensees and can approve this application in the routine manner. Sirius understands that the operation of this repeater 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. a 2001 STA Grant Order at 9. 5 Id. at 4 14. 6 See 47 C.F.R. § 1.3; WAITRadio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969); Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1166 (D.C. Cir. 1990). 7 See Sirius Satellite Radio, Petition for Rulemaking, IB Dkt. Nos. 95—91, 90—357 (filed Aug. 23, 2006).

EXHIBIT Current Las Vegas Stardust Repeater site No Of Sector 1 Sector 2 Sector 3 Coordinates Height Market Antenna Type Antenna ERRP Antenna EIRP Antenna ERP Sectors _ Be: p Orientation Downtit (yoyey geamwigth 00008007 |DOWlit (waney peamwiatn Orientation| Downtit |//j Longitude (W)| Latitude (N) feot (feet) Las Vegas 1 EMS FR90—16—00NVL 90 180 C 8800 — — — — 115—10—00.00 |_36—07—57.00 401 Proposed Las Vegas Repeater site No Of Sector 1 Sector 2 Sector 3 Coordinates Height Market Sectors Antenna Type Antent® Grientation Beamwidth Downtit ,C8E, (Watts) 2A0°""8 orentation Beamwidth bowntt CRP (Walts} Amenn® Grientation Beamwidth Downtitt E8P (Watts) Longitude mo (W)| Latitude (N) (foon Las Vegas 2 EMS FR9O—17—00NVL, EMS FR65—18—00NVL 90 180 0 4400 65 240 0 4400 — — — — 115—09—04.80 |_36—08—10.28 300 1 of 1


Document Created: 2006-11-15 16:22:28
Document Modified: 2006-11-15 16:22:28
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