Ex Parte - 8-4-2009

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by Sirius XM Radio Inc.

Notice of Ex Parte Presentation

2009-08-05

This document pretains to SAT-STA-20081027-00210 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2008102700210_729316

Jennifer D. Hindin 1776 K STREET NW August 5, 2009 202.719.4975 WASHINGTON, DC 20006 jhindin@wileyrein.com PHONE 202.719.7000 FAX 202.719.7049 7925 JONES BRANCH DRIVE VIA IBFS McLEAN, VA 22102 PHONE 703.905.2800 Ms. Marlene H. Dortch, Secretary FAX 703.905.2820 Federal Communications Commission 445 12th Street, S.W. www.wileyrein.com Washington, D.C. 20554 Re: Sirius XM Radio Inc. Notice of Ex Parte Presentation File No. SAT-STA-20081027-00210 Dear Ms. Dortch: In accordance with Section 1.1206 of the rules of the Federal Communications Commission (“FCC” or “Commission”), 47 C.F.R. § 1.1206, and the FCC’s designation of the above-referenced proceeding as permit but disclose,1 this letter notifies the Commission that on August 4, 2009, James Blitz and Terrence Smith of Sirius XM Radio Inc. (“Sirius XM”) and Robert Pettit and Jennifer Hindin of Wiley Rein LLP, counsel to Sirius XM, met with Roderick Porter, Robert Nelson, Gardner Foster, Steven Spaeth and Jay Whaley of the FCC’s International Bureau. During the meeting the participants discussed Sirius XM’s pending application to use terrestrial repeaters to provide satellite radio service to the Commonwealth of Puerto Rico. Sirius XM seeks authority to operate these repeaters in Puerto Rico as required by the Commission’s order approving the merger of Sirius Satellite Radio Inc. and XM Radio Inc.2 Sirius XM discussed its desire to market its service in Puerto Rico and apprised the Commission of the preliminary steps it has taken so far to construct the requested terrestrial repeaters so that it is able to commence service promptly, should the Commission grant this application. Sirius XM also informed the Commission that the Arecibo Observatory in Puerto Rico had determined that Sirius XM’s proposal terrestrial repeaters were “unlikely to cause 1 Letter from Stephen J. Duall, Chief, IB Policy Branch, FCC to Sirius XM Radio Inc., File No. SAT-STA-20081027-00210 (July 22, 2009) (stamp grant permitting change to ex parte status for the duration of the proceeding). 2 Applications for Consent to the Transfer of Control of Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee, 21 FCC Rcd 12,348 (2008).

Ms. Marlene H. Dortch, Secretary August 5, 2009 Page 2 harmful interference to the passive use of the Radio Astronomy bands”.3 Sirius XM further noted that it currently provides Sirius satellite radio service in Puerto Rico, however, the satellite signal is weaker than that covering the contiguous United States and the terrain in Puerto Rico makes the signal subject to more frequent interruptions, making the need for complementary terrestrial repeaters even more compelling. Allowing the deployment of terrestrial repeaters in Puerto Rico would significantly enhance signal availability and reliability. For these reasons, Sirius XM urged the Commission promptly to grant the pending application. Please direct any questions regarding this matter to the undersigned. Very truly yours, /s/ Jennifer D. Hindin Jennifer D. Hindin cc (via email):Roderick Porter Robert Nelson Gardner Foster Steven Spaeth Jay Whaley 3 Letter from Reinaldo Velez, Spectrum Manager, National Astronomy and Ionosphere Center, Arecibo Observatory, to James S. Blitz (Aug. 3, 2009) (attached).

NATIONAL ASTRONOMY AND IONOSPHE,RE CENTER ARECIBOOBSERVATORY August3,2009 Mr. JamesS. Blitz Vice President, RegulatoryCounsel 1500EckingtonPlaceN.E. WashingtonDC 20002 Re: Sirius XM Radio Inc. For Special Temporary Authority to operate20 terrestrial transmitters Dear: JamesS. Blitz: Thank you very much for the notification on minor equipment changes of your FCC application sent to us in accordancewith the Puerto Rico Coordination zone agreements. We have considered the technical aspects of your application and find that your installation is unlikely to cause harmful interference to the passive use of the Radio Astronomy bands at the Observatory. We therefore have no objection to your proposed installation. Reinaldo Yelez Spectrum Manager RV:ws Cc: FCC PRCZfiles [File #009080026] HC3 Box 53995 Areciba, PR A0612 Tel: 787-878-2612 Fax: 787-878-1861 http://www.naic.edu O per a te db y C o rn e l U l n i v e rs i ty u n d e ra cooperati ve agreement w i ththe N ati onalS ci enceFoundati on


Document Created: 2009-08-05 11:59:13
Document Modified: 2009-08-05 11:59:13
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