Attachment STA Request SAT-STA-20091207-00140

Attachment STA Request

This document pretains to SAT-STA-20091207-00140 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2009120700140_785953

SIRIUSRADIO
XM INC.
1500 Eckington Place, N.E.
Washington, D.C. 20002
Tel: 202-380-4000
Fax: 202-380-4500
www.sirius.com www.xmradio.com

December 7, 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 30-Day Special Temporary Authority
For a New Low Power Repeater in Las Vegas, Nevada

Dear Ms. Dortch:

Pursuant to Section 25.120(b)(4) of the Commission’s rules, 47 C.F.R. § 25.120(b)(4), Sirius XM
Radio Inc. (“Sirius XM”), a satellite radio licensee in the Satellite Digital Audio Radio Service
(“SDARS”), hereby requests 30-Day Special Temporary Authority (“STA”) for a new low power
terrestrial repeater with an Effective Isotropically Radiated Power (“EIRP”) of up to 1000 watts in
Las Vegas, Nevada.1

Sirius XM will operate this new repeater at the Rio Hotel in Las Vegas, Nevada, in connection with
the 2010 Consumer Electronics Show (“CES”) to be held January 7 through January 10, 2010.
This new repeater will provide Sirius network coverage inside the Bellagio Hotel, where Sirius XM
will demonstrate its radios and service during the convention. In order to provide adequate time to
set up, test, and dismantle this repeater, Sirius XM requests authority to use it from December 20,
2009 through January 11, 2010.

In planning for its demonstrations at this year’s CES, Sirius XM expected that it would be able to
provide Sirius network service inside the Bellagio Hotel using the company’s existing STA
authorizations. However, during a site visit on November 20, 2009, Sirius XM learned that it could
not provide adequate Sirius coverage inside the Bellagio Hotel due to satellite blockage caused by
construction of the new City Center complex adjacent to the Bellagio. Sirius XM determined that it
could, however, provide the necessary coverage using the low power repeater requested herein,

1
Under Section 25.120(b)(4), the Commission may grant this application for a 30-Day STA
without placing it on Public Notice.

Ms. Marlene H. Dortch
December 7, 2009
Page 2

which will be co-located with an existing XM network repeater at the Rio Hotel. Accordingly,
given the last-minute discovery of this issue and the importance of providing satellite radio service
for the 2010 CES, Sirius XM requests STA as requested herein.

The Commission has recognized that SDARS operators require terrestrial repeaters to provide high-
quality service nationwide.2 Consistent with this policy, in September 2001, the Bureau granted
STAs to Sirius XM to operate a nationwide network of terrestrial repeaters.3 In the years since, the
Bureau has granted Sirius XM additional STAs to operate terrestrial repeaters, pending issuance of
final rules governing the deployment and use of repeaters.4

Public Interest Considerations. As noted above, granting the instant STA will serve the public
interest by allowing Sirius XM to provide demonstrations of its radios and service during the CES
2010 convention. Prior to November 20, 2009, Sirius XM was unaware that it needed a further
authorization to provide Sirius network satellite radio service to its display facilities at CES.

2
See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the
2310-2360 MHz Frequency Band, Report and Order, Memorandum Opinion and Order, and
Further Notice of Proposed Rulemaking, 12 FCC Rcd 5754, 5770 ¶ 37 (1997).
3
See Sirius Satellite Radio, Inc., Application for Special Temporary Authority to Operate
Satellite Digital Audio Radio Service Complimentary Terrestrial Repeaters, Order and
Authorization, 16 FCC Rcd. 16773 ¶ 18 (2001) (“Sirius STA Order”). XM Radio, Inc.,
Application for Special Temporary Authority to Operate Satellite Digital Audio Radio Service
Complimentary Terrestrial Repeaters, Order and Authorization, 16 FCC Rcd. 16781 ¶ 18
(2001) (“XM STA Order”).
4
See, e.g., Sirius Satellite Radio Inc.; Request to Modify Special Temporary Authority to Operate
Additional Satellite Digital Audio Radio Service Terrestrial Repeaters, Order and
Authorization, 19 FCC Rcd. 18140 (2004) (granting Sirius an STA in File No. SAT-STA-
20031106-00370, effective Sept. 15, 2004. Since that time, the Commission has extended the
STA several times, pending the issuance of final rules governing the use of satellite DARS
terrestrial repeaters. In September 2004, the Commission granted Sirius a new STA to operate
for 180 days or until the Commission issues final rules governing the use of satellite DARS
terrestrial repeaters. See Sirius Satellite Radio Inc. Request to Modify Special Temporary
Authority to Operate Satellite DARS Terrestrial Repeaters, Order and Authorization, 19 FCC
Rcd 18149 (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. See also, XM Radio, Inc.; Request for Special
Temporary Authority to Operate Additional Satellite Digital Audio Radio Service Terrestrial
Repeaters, Order and Authorization, 19 FCC Rcd. 18140 (2004) (granting XM an STA in File
No. SAT-STA-20031112-00371, effective Sept. 15, 2004); Public Notice, 2002 FCC Lexis
5670 (rel. Oct. 30, 2002) (granting XM an STA in File No. SAT-STA-20020815-00153,
effective Sept. 30, 2002); Public Notice, 2003 FCC Lexis 4803 (rel. Aug. 29, 2002) (granting
XM an STA in File No. SAT-STA-20030409-00076, effective June 26, 2003). XM has filed
applications to renew its STAs, and those renewal applications remain pending.

Ms. Marlene H. Dortch
December 7, 2009
Page 3

Technical Information for the New Low Power Repeaters. The following technical information
pertaining to the repeater is provided in Exhibit A: (1) antenna type; (2) antenna orientation;
(3) average EIRP; (4) height above ground level (“AGL”); and (5) antenna downtilt.5 Exhibits B
and C consist respectively, of Google™ satellite images and topographic maps showing the location
of the proposed facilities. The specification sheet for the antenna to be used by the repeater is
attached as Exhibit D.

Interference Considerations. As proposed in this STA, the repeater will operate at an average EIRP
of less than 1000 watts. Because Sirius XM has exclusive use of its licensed band, it is highly
unlikely that this low power repeater will create interference to other licensees. To the extent Sirius
XM’s original 2001 STAs require it to coordinate with affected Wireless Communications Services
(“WCS”) licensees prior to operating any repeater, Sirius XM is not aware of any operational WCS
facilities in Las Vegas.6 Moreover, as the Bureau acknowledged in granting Sirius XM’s original
repeater STA requests, the WCS licensees have confirmed that operating terrestrial repeaters at an
EIRP of 2 kW or less is not an interference concern.7 However, if prohibited interference does
occur, Sirius XM will cease operation of the repeater until such interference can be eliminated.8

5
For purposes of Sirius XM’s repeater STA applications, “antenna downtilt” refers to an
antenna’s mechanical downtilt, without reference to any electrical downtilt built into the
antenna.
6
See Sirius STA Order ¶ 14 and XM STA Order ¶ 14. Despite the Bureau’s statement in the XM
STA Order (at ¶ 14) and Sirius STA Order (at ¶ 14) that it expects “WCS licensees to provide a
schedule or as much advance notice as possible of when their stations are to be placed in
operation,” Sirius XM has not received information directly from any WCS licensee regarding
plans for WCS deployment in this market. Moreover, Sirius XM’s own reviews of “substantial
service” filings do not show any operational WCS stations in this market.
7
XM STA Order ¶ 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). XM agrees to these
conditions.
8
This repeater’s design includes several automated shutdown mechanisms that are triggered in
the event of equipment major malfunctions. The transmit chain also includes a transmit output
coupler which feeds a self-monitoring system detecting any transmission anomalies. Any such
anomalies are automatically reported back to Sirius XM’s National Repeater Control Center
(202-380-4725), which is available on a continuous basis to receive any reports of any
suspected interference and take immediate corrective action.

Ms. Marlene H. Dortch
December 7, 2009
Page 4

Ownership and Control of Repeaters. Sirius XM will own the repeater and it will be responsible
for the repeater’s installation and operation.

Certifications. Sirius XM certifies that it will operate the repeater subject to the conditions and
certifications set forth in the Sirius STA Order and XM STA Order granting Sirius XM’s September
2001 requests for STAs to operate terrestrial repeaters. Specifically, Sirius XM certifies the
following:

(1) Sirius XM will operate this repeater at its own risk, and such operation shall not
prejudice the outcome of the final rules adopted by the Commission in GEN Docket 95-91;
(2) Sirius XM will operate these facilities on a non-interference basis with respect to all
permanently authorized radiocommunication facilities;
(3) The facilities 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 facilities 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 facilities will comply with Part 17 of the Commission’s rules – Construction,
Marking, and Lighting of Antenna Structures;
(6) The facilities will 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;
(7) The out-of-band emissions of the facility will be limited to 75+10log (EIRP) dB less
than the transmitter EIRP;
(8) Sirius XM will operate this repeater according to the technical parameters provided in
this application;
(9) Sirius XM will maintain full ownership and operational control of this repeater; and
(10) Sirius XM will immediately shut down this repeater upon a complaint of interference,
upon direction from the Commission, or upon finding that a facility has not been properly
installed.

Granting this request will not alter Sirius XM’s obligation to protect authorized radio-
communications facilities from interference, nor will it prejudice the outcome of the Commission’s
ongoing rulemaking pertaining to the deployment and operation of terrestrial repeaters.

Sirius XM hereby certifies that no party to this application is subject to a denial of Federal benefits
pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 853(a).

Exhibit A

Technical parameters for repeaters

NETWORK
SITE SITE ANTENNA ANTENNA ANTENNA TOTAL
AND ANTENNA
CITY LATITUDE LONGITUDE ORIENTATION HEIGHT DOWNTILT AVERAGE
ANTENNA TYPE
(N) (W) (AZIMUTH) (FT. AGL) (DEGREES) EIRP(W)
NUMBER
Sirius
Las Vegas, NV 36-06-58 115-11-12 TA2304-2-DAB (45) 140 438 10 1000
LVX004B

Exhibit D

Antenna Specification Sheet for Repeaters

Document Created: 2009-12-07 14:35:17
Document Modified: 2009-12-07 14:35:17

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