Attachment grant

grant

DECISION submitted by IB, FCC

grant

2008-09-09

This document pretains to SAT-STA-20080829-00163 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008082900163_663133

Date & Time Filed: Aug 29 2008 3:31:02:663PM L_- I - .- . ,. * File Number: SAT-STA-20080829-00 163 Callsign: FEDERAL COMMUNICATIONS COMMISSION APPLICATION FOR SPACE STATION SPECIAL TEMPORARY AUTHORITY FOR OFFICIAL USE ONLY Enter a description of this application to identify it on the main menu: Request for Extension of Special Temporary Authority to Operate Terrestrial Repeaters 1. Applicant Name: Sirius XM Radio Inc. Phone Number: 2 12-584-5 100 DBA Name: Fax Number: 2 12-584-5353 Street: 122 1 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 XM Radio Inc. IBFS File No. SAT-STA-20080829-00163 Special temporary authority (STA) is granted to Sirius XM Radio Inc. (Sirius) to operate for a period of 30 days the Satellite Digital Audio Radio Service (SDARS) terrestrial repeaters specified in Attachment E to the Consent Decree adopted on July 25,2008 (FCC 08-176). This grant of STA is subject to the terms and conditions of the Consent Decree, as well as 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. The issue concerning average versus peak 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 terrestrial 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. Terrestrial repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the satellite directly to SDARS receivers. 4. Coordination of terrestrial 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. Terrestrial repeaters shall comply with Part 17 of the Commission's rules - Construction, Marking, and Lighting of Antenna Structures. 6. 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 l.l307(b) and 1.1310 of the Commission's rules. 7. The out-of-band emissions of terrestrial repeaters shall be limited to 75+log(EIRP) dB less than the transmitter EIRP.

2. Contact Name: Patrick L. Donnelly Phone Number: 212-584-5100 Company: Sirius XM Radio Inc. Fax Number: 2 12-584-5353 Street: 1221 Avenue of the Americas E-Mail: pdonelly@siriusradio.com 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 or Submission ID 4a. Is a fee submitted with this application? @ IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). 0 Governmental Entity 0 Noncommercial educational licensee 0 Other(p1ease explain): I4b. Fee Classification CXW - Space Station (Non-Geostationary) 5. Type Request 0 Change Station Location @ Extend Expiration Date Q Other 6. Temporary Orbit Location 7. Requested Extended Expiration Date I I 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 XM Radio Inc. (Sirius) requests extension of Special Temporary Authority (STA) granted on August 6, 2008 (File No. SAT-STA-20061013-00122) to operate terrestrial repeaters. Absent renewal, this STA will expire on September 5, 2008. I I I 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject e 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 Patrick L. Donnelly I11. Title of Person Signing EVP, General Counsel 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 3 12(a)(I)), 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

SIRIUSRADIO XM Patrick 1. Donnelly Executive Vice President & General Counsel - - TEL 212 584 5180 INC. FAX 212 584 5353 pdonrielIy @ s i r iusrad io.Lorn 122 1 Avenue of the Americas I New*, NY 1 W20 August 28,2008 Via IBFS Ms. Marlene H. Dortch, Secretary Federal Communications Commission 445 1 2 ‘ Street, ~ S.W. Washington, D.C. 20554 Re: Sirius XM Radio Inc. Renewal of Special Temporary Authority to Operate Terrestrial Repeaters File No. SAT-STA-20061013-00122 Dear Ms. Dortch: Pursuant to Section 25.120 of the Commission‘s Rules,’ Sirius XM Radio Inc. (“Sirius”) hereby requests renewal of the above-referenced Special Temporary Authority (“STA”) granted in FCC File No. SAT-STA-2006 1013-00122, so the repeaters covered by that STA may continue to operate at the parameters authorized therein. Absent renewal, this STA is scheduled to expire on September 5,2008. Sirius requests that the Commission renew this STA until the Commission acts on the pending request for 180 day STA (FCC File Number SAT-STA-20061013-00121), or until the Commission issues a blanket license for satellite radio terrestrial repeaters, whichever occurs first. Because this request is timely, pursuant to Section 1.62 of the Rules, this STA will continue in effect without further action by the Commission until such time as the Commission makes a final determination with respect to this request.2 Sirius currently operates these repeaters in their licensed frequency band (2332.5- 2345 MHz) pursuant to the STA granted by the International Bureau on August 6,2008. Sirius has not changed technical parameters for these repeaters since the grant of the STA and is not herein requesting modification of any of those parameters. Renewing this STA will serve the public interest by allowing Sirius to continue to provide a clear signal to its subscribers in the areas served by these repeaters. I See 47 C.F. R. § 25.120. -7 See 47 C.F.R. 5 1.62.

Ms. Marlene H. Dortch August 28,2008 Page 2 As disclosed in the application for this STA, Sirius has been operating the repeaters authorized under this STA at the parameters requested therein and Sirius is not aware of any incidents where these repeaters have caused any interference to other radio services. Sirius will continue to comply with the conditions the Commission imposed in granting the above-referenced STA, which provide sufficient protection to other radio services. Therefore, prompt grant of Sirius’s renewal request will allow for the continued reception of satellite radio programming over these repeaters by XM subscribers across the country. Please direct any questions regarding this matter to the undersigned. Very truly yours, Patrick L. Donnelly cc: Stephen Duall, FCC Shabnam Javid. FCC


Document Created: 2008-09-09 11:49:43
Document Modified: 2008-09-09 11:49:43
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