Attachment Sirius XM - Grant Se

Sirius XM - Grant Se

DECISION submitted by IB,FCC

G

2010-09-15

This document pretains to SAT-STA-20090904-00094 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2009090400094_840136

File 4 ~SRT— Sh— 200909604— 006084 g SAT—STA—20090904—00094 182009003815 Sirius XM Radio Inc. Call Sign — "RST:" Grant Date ~O32S/O (or other identifier) Approvéd by OMB Term Dates ""gee 6 ip 3060—0678 Prom_08/)5/10 To condrfions _ Date i & Time Filed: Sep 42009 2:59:03:630PM | International Bureau Approved: File Number: SAT—STA—20090904—00094 KTX mafisn 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: Request for Extension of Special Temporary Authority to Operate Terrestrial Repeaters in Cincinnati, Ohio for 60 Days 1. Applicant Name: Sirius XM 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: Patrick L. Donnelly

Attachment to Grant Application of Sirius XM Radio Inc. for Special Temporary Authority IBFS File SAT—STA—20090904—00094 Special temporary authority (STA) is granted to Sirius XM Radio Inc. (Sirius XM), for a period of 60 days, to continue to operate two previously authorized terrestrial repeaters in Cincinnati, Ohio for use in the 2320—2345 MHz frequency band, as set forth in its application. This authorization is granted according to the technical parameters specified in Sirius XM‘s application and is subject to 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. 2. SDARS terrestrial repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the SDARS licensee‘s satellite(s) directly to the SDARS licensee‘s subscribers‘ receivers, and may not be used to distribute any information not also transmitted to all subscribers‘ receivers. 3. Coordination of the operations of the terrestrial repeaters shall be completed with all affected. Administrations prior to operation, in accordance with all applicable international agreements including those with Canada and Mexico. 4. The terrestrial repeaters shall comply with Part 17 of the Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures. 5. The 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 1.1307(b) and 1.1310 of the Commission‘s rules. 6. Any SDARS terrestrial repeater operating at a power level greater than 2—watt average EIRP is required to attenuate its out—of—band emissions below the transmitter power P by a factor of not less than 90 + 10 log (P) dB in a 1—megahertz bandwidth outside the 2320—2345 MHz band, where P is average transmitter output power in watts. Any SDARS terrestrial repeater operating at a power level equal to or less than 2—watt average EIRP is required to attenuate its out—of—band emissions below the transmitter power P by a factor of not less than 75 + 10 log (P) dB in a 1—megahertz bandwidth outside the 2320—2345 MHz band, where P is average transmitter output power in watts. 7. This STA expires after 60 days, or on the date that permanent authority to operate the covered repeater operations becomes effective, whichever occurs first. 8. Sirius XM 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. 9. This action is taken on delegated authority pursuant to 47 C.F.R. § 0.261 and is effective upon release. Petitions for reconsideration under 47 C.F.R. § 1.106 or applications for review under 47 C.FR. § 1.115 may be flled w1th1n 30 days of the date of the Public Notice announcing this action. ol i Tils # ~SAT—gm— 20680904— 60634 3 Call Sign (or other identifier) GrantDate_O09/15/16 / Term Dates SC:AffFions CRANTED* From C3 is/10 To: International Bureau Approved: _ Jdl@/ éwm\canddnms Stepfen 9 Dua

2. Contact Name: James S. Blitz Phone Number: 202—380—4000 Company: Sirius XM Radio Inc. Fax Number: 202—380—4500 Street: 1500 Eckington Place NE E—Mail: james.blitz@siriusxm.com City: Washington State: DC Country: USA Zipcode: 20002 — 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 SATSTA2009061200069 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). fad Governmental Entity £3 Noncommercial educational licensee gr4 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 XM Radio Inc. (Sirius XM) requests extension of Special Temporary Authority (STA) granted on July 9, 2009 (File No. SAT—STA—20090612—00069) to operate terrestrial repeaters in Cincinnati, Ohio. Absent renewal, this STA will expire on September 7, 2009. 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 "party to the application" for these purposes. 10. Name of Person Signing 11. Title of Person Signing James S. Blitz Vice President, Regulatory Counsel 12. Please supply any need attachments. Attachment 1: Extension 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 PRA@fce.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.

SIRIUS XM RADIO INC. 1500 Eckington Place, N.E. Washington, D.C. 20002 Tel: 202—380—4000 Fax: 202—380—4500 www.sirlus.com www.xmradio.com September 4, 2009 Via IBFS Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: Sirius XM Radio Inc. Request for Extension of 60—Day Special Temporary Authority for Terrestrial Repeaters in Cincinnati, Ohio File No. SAT—STA—20090612—00069 Dear Ms. Dortch: Pursuant to Section 25.120(b)(3) of the Commission‘s Rules, 47 C.F.R. § 25.120(b)(3), Sirius XM Radio Inc. ("Sirius XM"), a satellite radio licensee in the Satellite Digital Audio Radio Service, hereby requests extension of the above—referenced Special Temporary Authority ("STA") to operate five low power terrestrial repeaters in Sirius XM‘s licensed frequency band, each of which has average Effective Isotropically Radiated Power ("EIRP") of up to 2000 watts, in the area of Cincinnati, Ohio.‘ Sirius XM requests that the Commission renew this STA for a period of 60 days or until the Commission issues a blanket license for terrestrial repeaters in the satellite radio band." ‘ Under Section 25.120(b)(3) of the Rules, the Commission may grant an application for a 60 Day STA without placing it on Public Notice. On June 1, 2009, Sirius XM filed a separate request pursuant to Section 25.120(b)(2) of the Commission‘s Rules to operate its Cincinnati market repeaters under a 180—Day Special Temporary Authority with somewhat different parameters than those sought herein. See File No. SAT—STA—20090701—00071. That STA application remains pending and is not affected by the instant request. * Absent renewal, this STA is scheduled to expire on September 7, 2009. However because this request is timely, pursuant to Section 1.62 of the Rules, this STA will continue in

Ms. Marlene H. Dortch September 4, 2009 Page 2 Sirius XM currently operates these repeaters in connection with both the Sirius frequency band (2320—2332.5 MHz) and the XM Radio Inc. ("XM") frequency band (2332.5—2345 MHz), pursuant to the STA granted by the International Bureau on July 9, 2009. Sirius XM has not changed technical parameters for the repeaters since the original 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 XM to continue to provide a quality signal to its subscribers in Cincinnati, Ohio. Sirius XM has been using the repeaters authorized in the above—referenced STA for 60 days and is not aware of any incidents where the equipment has caused any interference to other radio services. Sirius XM emphasizes that the repeaters operate at a power level of not more than 2000 watts, at a level which is unlikely to cause any interference. As the Bureau acknowledged in granting Sirius XM‘s original repeater STA requests, and the WCS licensees have confirmed, operating satellite radio terrestrial repeaters at an EIRP of 2000 watts or less does not pose interference concerns." Sirius XM will continue to comply with the conditions the Commission imposed in granting the above—referenced STA to operate the repeaters. These conditions and the technical parameters of the repeaters have provided sufficient protection to other radio services. Therefore, prompt grant of Sirius XM‘s extension request will allow for the continued reception of the SDARS signal in Cincinnati, Ohio. effect without further action by the Commission until such time as the Commission shall make a final determination with respect to this request. 47 C.F.R. § 1.62. * See XM Radio, Inc., Application for Special Temporary Authority to Operate Satellite Digital Audio Radio Service Complimentary Terrestrial Repeaters, Order and Authorization, 16 FCC Red. 16781 12 ("The comments from WCS licensees express concern about blanketing interference from DARS repeaters that operate with an Equivalent Isotropically Radiated Power (EIRP) above 2 kW."). Moreover, in March 2007, the WCS Coalition said that it will defer from objecting to STA requests that propose operations of no more than 2,000 watts EIRP, even if they do not specify peak or average EIRP, provided that grant of the STA (i) is conditioned on operation on a non—interference basis; and (ii) is subject to the condition that the issue of peak versus average EIRP will be addressed in the pending DARS rulemaking (IB Docket No. 95—91). See Letter from Paul J. Sinderbrand, Counsel to the WCS Coalition, to Ms. Helen Domenici, FCC, File No. SAT—STA—20061207—00145 (March 19, 2007). Sirius XM agrees to these conditions.

Ms. Marlene H. Dortch September 4, 2009 Page 3 Please direct any questions regarding this matter to the undersigned. ery truly yours, C ‘ anemgmemue S. Blitz Vice President, Regulatory Counsel go: Stephen Duall, FCC International Bureau Jay Whaley, FCC International Bureau Sankar Persaud, FCC International Bureau Rajendra Singh, Horizon Wi—Com LLC (rsingh@tvlle.com) Thomas Gutierrez, Lukas, Nace, Gutierrez & Sachs (tgutierrez@feclaw.com)


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Document Modified: 2019-04-14 04:50:13
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