Attachment GRANT

GRANT

DECISION submitted by IB,FCC

GRANT

2006-12-19

This document pretains to SAT-STA-20061107-00135 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006110700135_540212

1 rij, #_ SDT— SN — 20061107 — 00135 Call Sign _________ Grant Dntc_'_z_z_l_s___/p@’_ , (or other identificr) Approved by OMB reop — medakh p x : Term Dates } o7 To: 06129 /07 3060—0678 Date & Time Filed: Nov 72006 8:53:55:963PM ol Bureart |: t File Number: SAT—STA—20061107—00135 * subject to attached= ern I4. Jarmu)lneK Callsign: conditions Deputy Chief, Sateliite Divi sion 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 180 day STA to operate SDARS repeaters and signal boosters at trade shows 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

Application of Sirius Satellite Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20061107—00135 Special temporary authority (STA) IS GRANTED to Sirius Satellite Radio Inc. (Sirius) to operate terrestrial repeaters with an Effective Isotropically Radiated Power (EIRP) of 200 watts and 0.0001 watts at the events, and with the technical parameters, specified in the above— captioned application for a period of 180 days, commencing on January 1, 2007, 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 guidelines 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. Sirius will maintain full ownership and operational control of each repeater. Sirius will immediately shut down any repeater upon a complaint of interference, upon direction from the Commission, or upon finding that a repeater has not been properly installed. 10. This STA commences on January 1, 2007, and will expire 180 days thereafter, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first.

11. 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. 12. 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. lij # _ SAT— $TA—20061107—00135 __ Cali sntm D 12/86_ | ul " copagee l is Verler_ =__ oobalor. *su\:‘g')e‘d %o conditions Fem 3. JormuineK above Depiy Chief, Satellite Division

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? ©® If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.FR.Section 1.1114). 0 Governmental Entity 0 Noncommercial educational licensee 0 Other(please explain): 4b. Fee Classification CXW — Space Station (Non—Geostationary) 5. Type Request O Change Station Location O 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 180 days to operate terrestrial repeaters and signal boosters at trade shows between December 31, 2006 and June 29, 2007. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject ® Yes 0 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: Attachment3: WILLEUL 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 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 LAW 104—13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.

Attachment Sirius Satellite Radio Inc. ("Sirius"), pursuant to 47 C.F.R. § 25.120,‘ hereby requests Special Temporary Authority ("STA") for 180 days to operate in its licensed frequency band (2320— 2332.5 MHz) (1) low—power satellite DARS repeaters with an Effective Isotropically Radiated Power ("EIRP") of 200 watts; and (2) signal boosters with an EIRP of 0.0001 watts that have previously been approved for use in retail stores. These low—power repeaters and signal boosters will be utilized at various trade shows on various dates between December 31, 2006 and June 29, 2007, as shown in Exhibit A. Sirius intends to operate the repeaters and signal boosters independently — 7.e. Sirius will not operate them in conjunction with XM Radio, Inc., the other satellite DARS licensee. The repeaters and boosters will be used by Sirius to carry out equipment and service demonstrations at trade shows across the United States for periods ranging from four to a maximum of sixteen days (including one day prior to the official start of each trade show for set— up and testing activities). Due to blockage from walls and ceilings, it is often difficult to provide quality reception of SDARS satellite and even terrestrial signals inside oftrade show venues, which often do not have line—of—sight views to receive Sirius‘ signal. These difficulties with providing coverage inside the venues require radios to be displayed with hard wire connections, which limits the locations within a trade show venue that Sirius can set up its displays, creating difficulties for trade show organizers and Sirius. Because trade show venues typically consist of a large, often multi—level space, Sirius anticipates that the use of both a repeater and one or more (but fewer than five) strategically placed boosters will be necessary to ensure full coverage of each trade show. Accordingly, grant of the requested STA to use these repeaters for these limited periods will serve the public interest. Technical Information. In Exhibit A, Sirius provides a list of technical parameters, locations, and dates for the trade show repeaters it seeks to operate pursuant to this STA. Sirius has included the following information: (1) event; (2) event date; (3) event location (specifying the center longitude and latitude of each trade show venue); (4) market; (5) antenna type; (6) antenna beamwidth; (7) total EIRP; and (8) approximate maximum height Above Ground Level (AGL). Sirius will operate its signal booster(s) at the same events, dates, locations, and markets specified in Exhibit A. Exhibit B lists the technical parameters for the signal boosters, which are identical to those previously approved by the Commission for use in retail stores." Specifically, Sirius has 1 Concurrent with this STA request, Sirius has filed an application for an STA to operate repeaters and signal boosters at trade shows in the month of December 2006. 2 See Sirius Satellite Radio Inc. Requestfor Special Temporary Authority to Operate In— Store Signal Boosters in the Satellite Digital Audio Radio Service, File No. SAT—STA— 20030411—00075 (grant stamp with conditions issued June 26, 2003) ("2003 In—Store Booster Application"). In the 2003 application, Sirius also provided an interference analysis for the signal boosters that are the subject of this application. See id, Exhibit C. That interference analysis is incorporated by reference herein, as permitted by 47 C.F.R. § 1.10009(c)(2). On June 5, 2003, Sirius further supplemented the application with a sample link budget for the signal boosters. See Letter from Robert D. Briskman to Marlene H. Dortch, Secretary, FCC, Re: Sirius Satellite Radio Inc. Request for STA to Operate In—Store SDARS Signal Boosters, File No. SAT—

Ms. Marlene H. Dortch November 7, 2006 Page 2 included the following information: (1) antenna type; (2) antenna beamwidth; (3) total EIRP; and (4) approximate maximum height Above Ground Level ("AGL"). Interference Considerations. Sirius does not anticipate that the repeaters and boosters at these trade shows will cause harmfulinterference to other radio services. Because Sirius has exclusive use of its licensed frequency band," there is no potential for in—band interference. Moreover, the repeaters will operate at 200 watts, well below the threshold EIRP of 2000 watts that Wireless Communications Service ("WCS") licensees have identified as acceptable to avoid any interference with their services. Sirius has also previously demonstrated that the proposed boosters will not cause adjacent band interference to WCS operations." In addition, the repeaters and boosters will only be used for a limited time, further eliminating any opportunity for interference. Therefore, Sirius does not anticipate that these repeaters and boosters will cause blanketing interference to any WCS receivers. Ownership and Control ofRepeaters and Boosters. Sirius will own each repeater and booster installed at a given venue and will retain full operational control of these repeaters and boosters. Sirius will also be responsible for installation of each repeater and/or booster. Public Interest Considerations. Prompt grant of this STA will promote the continued success of satellite radio and thereby serve the public interest. The demand for SDARS radios by the public has continued to increase over time. Accordingly, Sirius has begun attending trade shows and conventions where it provides demonstrations ofits equipment to consumers. Without repeaters and boosters to overcome signal blockage within the venues, however, Sirius cannot undertake real—time demonstrations of its equipment, especially demonstrations ofthe full mobility of SDARS service. These repeaters and boosters will provide clear signal reception within these venues for these demonstrations, and will eliminate any need for a hard wire connection. Sirius understands that its operation of these repeaters and boosters under STA is on a secondary, non—interference basis. While Sirius does not anticipate any interference, should interference occur, it will cease operation of the repeater and/or booster until such interference can be eliminated. (Continued . . .) STA—20030411—00075 (filed June 5, 2003). The link budget is also incorporated by reference herein. 3 47 C.F.R. § 25.202(a)(6) (stating the 2320—2345 MHz band is allocated exclusively for SDARS). * 2003 In—Store Booster Application at 4 and Exhibit C.

Ms. Marlene H. Dortch November 7, 2006 Page 3 Certifications. Sirius acknowledges that the conditions imposed in the 2001 Order granting Sirius‘ request for STA to operate terrestrial repeaters® will continue to apply to any repeaters authorized as a result of this application. Sirius further certifies thatits operation of signal boosters at trade shows will comply, as applicable, with the "Micro—Repeater STA Conditions" that the Commission imposed on Sirius in granting the June 26, 2003 STA to operate 5,000 in— store signal boosters. Specifically, Sirius certifies the following: (1) Sirius will operate the repeaters and trade show signal boosters at its own risk, and such operation shall not prejudice the outcome ofthe final rules adopted by the Commission in GEN Docket 95—91; ' (2) Sirius will operate the repeaters and trade show signal boosters on a non—interference basis with respect to all permanently authorized radiocommunication facilities; (3) The repeaters and trade show signal boosters will be restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS receivers; (4) Where applicable, coordination of the repeaters and trade show signal boosters will be completed with all affected Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico; (5) The repeaters and trade show signal boosters will comply with Part 17 ofthe Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures; (6) The repeaters and trade show signal boosters will 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 of the Commission‘s rules; (7) The out—of—band emissions of the repeaters and trade show signal boosters will be limited to 75+log (EIRP) dB less than the transmitter EIRP; (8) Sirius will operate the repeaters and trade show signal boosters according to the technical parameters provided in this application; (9) Sirius will maintain full ownership and operational control of each repeater and trade show signal booster; and 5 Sirius Satellite Radio Inc. Applicationfor Special Temporary Authority to Operate Satellite Digital Audio Radio Service Complementary Terrestrial Repeaters, Order and Authorization, File No. SAT—STA—20010724—00064, DA 01—2171 (Sept. 17, 2001).

Ms. Marlene H. Dortch November 7, 2006 Page 4 (10) Sirius will immediately shut down any repeater and any, or all, trade show signal boosters upon a complaint ofinterference, upon direction from the Commission, or upon finding that a repeater or trade show signal booster has not been properly installed.

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EXHIBIT B Attached is the following information for each of the trade show signal boosters Sirius seeks to operate pursuant to this STA. (1) antenna type; (2) antenna beamwidth; (3) total EIRP; and (4) approximate height Above Ground Level (AGL) City Antenna Type Antenna EIRP Total in Height AGL Beamwidth Watts Various Antenna Specialists 75 degrees 0.0001 < 50 feet XMSSRI23WR The transmitted carriers have a center frequency and frequency stability identical to the received SDARS satellite or terrestrial carriers. Frequency accuracy is controlled by the satellite or terrestrial repeater and not by the booster.

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 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

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 Blyd, 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


Document Created: 2006-12-19 16:42:28
Document Modified: 2006-12-19 16:42:28
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