Attachment grant

grant

DECISION submitted by IB,FCC

grant

2007-12-10

This document pretains to SAT-STA-20070928-00135 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2007092800135_609825

Approved by OMB 3060-0678 Date & Time Filed: Sep 28 2007 1:49:27:470PM File Number: SAT-STA-20070928-00 135 Callsign: PECIAL 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 - 15 New Low Power Repeaters 1. Applicant I Name: Sirius Satellite Radio Inc. Phone Number: 2 12-584-5 100 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 1

Application of Sirius Satellite Radio Inc. for Special Temporary Authority IBFS File No. SAT-STA-20070928-00135 Special temporary authority (STA) IS GRANTED to Sirius Satellite Radio Inc. (Sirius) to operate 15 terrestrial repeaters at power levels at or below 2 kW EIRP for a period of 180 days, at the locations set forth in the Exhibit attached to its application, with the technical parameters specified in its application, and 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. 95-9 1. The issue concerning EIRP raised by the WCS Coalition will be addressed in that proceeding. Operations prior to such action will be subject to condition 2 below. 2. 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 Rcd 16773 (Int’l Bur. 2001) and 16 FCC Rcd 16781 (Int’l Bur. 2001), as modified by 16 FCC Rcd 18481 (Int’l Bur. 2001) and 16 FCC Rcd 18484 (Int’l Bur. 2001). 3. 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. 4. 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. 5. SDARS repeaters shall comply with Part 17 of the Commission’s rules - Construction, Marking, and Lighting of Antenna Structures. 6. 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 1.13 10 of the Commission’s rules. 7. SDARS repeater out-of-band emissions shall be limited to 75+log(EIRP) dB less than the transmitter EIRP. 8. This STA expires after 180 days, or on the date on which permanent rules governing repeater operations become effective, whichever occurs first. 9. 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.

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: 36th Floor 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.F.R.Section 1.1114). Q Governmental Entity 0 Noncommercial educational licensee 0 Other(p1ease explain): 4b. Fee Classification CXW - Space Station (Non-Geostationary) ~ ~~~~ 15. Type Request 0 Extend Expiration Date @ Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date 2

~ ~ ~~ 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 Inc. herein requests a modification of its Special Temporary Authority to operate 15 low-power satellite digital audio radio service terrestrial repeaters. 9. By checlung Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the Anti-Drug Act of 1988, 0 No 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 Exec. VP, GC, and Sec’y Attachment 1: Attachment & Exhibit 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)(l)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 3

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@fcc.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. 4

Attachment Sirius Satellite Radio Inc. (“Sirius”) hereby requests that the Federal Communications Commission (“FCC” or “Commission”) modi@ its existing special temporary authority (“STA”) to allow Sirius to operate 15 new low-power satellite digital audio radio service (“satellite DARS”) terrestrial repeaters as set forth in the attached Exhibit.’ On September 17,2001, the Commission granted Sirius an STA to operate its satellite DARS terrestrial repeater network.2 Since that time, the Commission has extended the STA several times, pending the issuance of final rules governing the use of satellite DARS terrestrial repeater^.^ The FCC has also previously granted several modifications of the STA.4 Sirius has identified these sites as necessary to allow it to provide high quality commercial satellite DARS programming nationwide. These repeaters will operate at or below 2000 watts, a power level that has been deemed acceptable by WCS licensees? Grant of this modification will serve the public interest for the same reasons discussed in the Commission’s 2001 STA Grunt 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 “[ dliverse program formats, including educational, 1 Sirius hereby requests that this proceeding be designated “permit-but-disclose”for purposes of the Commission’s rules governing exparte communications. 47 C.F.R. $6 1.1200(a) and 1.1206. 2 Sirius Satellite Radio Inc. Application for Special TemporaryAuthority to Operate Satellite Digital Audio Radio Service Complementary Terrestrial Repeaters, Order and Authorization, 16 FCC Rcd 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. Sirius Satellite Radio Inc. Request to Modifi Special Temporary Authority To Operate Satellite DARS Terrestrial Repeaters, Order and Authorization, 19 FCC Rcd 18140 (2004) (“2004 STA Grant Order”). Sirius 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). 4 In addition to this application, Sirius 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, a 180-day request to operate a substitute repeater at a new site in Las Vegas, NV due to the destruction of the Stardust Hotel, a request to operate four new repeaters at sites in Alaska and Hawaii, and a request to operate 5 additional low-power repeaters.- See-IBFS File Nos. SAT-STA-20060623-00067, SAT-STA- 20061013-00121, SAT-STA-20061013-00122,SAT-STA-20061107-00132, SAT-STA-20061107-00131, SAT-STA-20070719-00104. 5 See, e.g., Petition to Dismiss or Deny of BellSouth Mobile Data, Inc. and BellSouth Wireless Cable, Inc., File No. SAT-STA-20060623-00067(filed September 18,2006) at 6 (“BellSouth believes that terrestrial repeaters operating below 2 kW peak EIRP will not cause undue interference to its WCS operations”).

ethnic and religious programming.”6 In particular, grant of this modification will help ensure that these benefits can be experienced nationwide. The attached Exhibit provides location and technical information for each site, as well as a 7.5 minute topographical map and an aerial view of the site. Sirius does not anticipate any in-band or out of band interference from these repeaters. As noted above, these low-power repeaters will operate at or below a power level that has been deemed acceptable by WCS licensees. In addition, WCS licensees will have an opportunity to comment on the STA during the public notice period; as a result, Sirius has not notified the WCS licensees in the affected MSAs prior to filing this request. Therefore, Sirius respectfully requests that the Commission promptly grant its proposed modifications to its STA. 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. 6 2001 STA Grant Order at 16776 (7 9).


Document Created: 2007-12-11 10:18:53
Document Modified: 2007-12-11 10:18:53
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