Attachment Sirius XM -Grant May

Sirius XM -Grant May

DECISION submitted by IB,FCC

D

2010-05-06

This document pretains to SAT-STA-20100303-00039 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010030300039_815054

                                                                               File #      SAT— STh— 20100 263— &o33

  .          SAT—STA—20100303—00039       182010000771                         Call Sign                Grant Date_ 8566 /16
Sirius XM Radio Inc.
                                                                               (or other identifier)                   ‘
                                                                                                        Torm Dates Pericd of   Approved by OMB
                                                                               From 03/12 /i6                  To: 180 days,            3060—0678

  Date & Time Filed: Mar 3 2010 11:20:16:14vam                                 Approved:
  File Number: SAT—STA—20100303—00039                      *sudject+o                                            J. Duall
  Callsign:                                                      conditions                            Chief, Satellite Yblicy Branch
                                             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 Very Low Power Terrestrial Repeaters and Signal Boosters at Trade
  Show Events
   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:

              Country:       USA                               Zipcode:                                10020       =
              Attention:     Patrick L. Donnelly


                                     Attachment to Grant
             Application of Sirius XM Radio Inc. for Special Temporary Authority
                           IBFS File No. SAT—STA—20100303—00039

Sirius XM Radio Inc. (Sirius XM) is granted special temporary authority (STA) for a period of 180 days,
commencing on March 12, 2010, to continue to operate indoor terrestrial repeaters with an effective
isotropically radiated power (EIRP) of (1) up to 10 watts and (2) up to 0.0001 watts at trade shows and
other indoor locations, such as automobile industry promotional events, press and marketing events, and
investor relations events. Sirius XM is authorized to operate these repeaters using the 2320—2345 MHz
frequency band, which is assigned for Sirius XM‘s exclusive use to provide Satellite Digital Audio Radio
Service (SDARS). This authorization is subject to the Commission‘s rules, the operational and technical
parameters specified in Sirius XM‘s application, and 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—91;

2.   Operation of the terrestrial repeaters is authorized pursuant to this STA on a non—interference basis
     with respect to all permanently authorized radiocommunication facilities;

3.   The 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.   Where applicable, 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;

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, 47 C.F.R. §§ 1.1307(b) and 1.1310;

6.   The out—of—band emissions of the terrestrial repeaters shall be limited to 75+101o0g(EIRP) dB less than
     the transmitter EIRP;

7.   Sirius XM will maintain full ownership and operational control of the terrestrial repeaters;

8.   Sirius XM will immediately shut down the terrestrial repeaters upon a complaint of interference, upon
     direction from the Commission, or upon finding that the repeaters have not been properly installed;

9.   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.

10. 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.E.R. § 1.115 may be filed within 30 days of the date of the Public Notice announcing this action.



                                                   File# S0T—STN— 20106303— 60639
                                                   Call Sign               Grant Date os/ke/o
                                                   (or other identifier)              ud of
                                                                               m
                                                                           TcrDates Fer
                                                   From 03/'2/'0                   da
                                                                                  18 0 ’:fls



                         x subject to condifions                      Stefhey/j. Dval!)
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2. Contact


             Name:        James S. Blitz                        Phone Number:                         2023804000
             Company:        Sirius XM Radio Inc.               Fax Number:                           2023804981
             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 SATSTA2009091000096 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).
[ad Governmental Entity       C3 Noncommercial educational licensee
£74 Other(please explain):

4b. Fee Classification    CXW — Space Station (Non—Geostationary)
5. Type Request


gy Change Station Location                          ) Extend Expiration Date                         {£4 Other


6. Temporary Orbit Location                                                7. Requested Extended Expiration Date


8. Description   (If the complete description does not appearin this box, please go to the end of the form to view it in its entirety.)
     Sirius XM Radio Inc.             requests extension of Special Temporary Authority                             (STA)    granted on
     September 13,        2009 to operate very low power terrestrial repeaters and signal boosters at
     trade show events for 180 days                   (File No.      SAT—STA—20090910—0009%6).               Absent renewal,          this
     STA will expire on March 12,                 2010 .




9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes              «3 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: 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 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
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Federal Communications Commission, AMD—PERM, Paperwork Reduction Project (3060—0678), Washington, DC 20554. We will also accept
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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.


1500 Eckington Place, N.E
Washington, D.C. 20002
Tel 202—380—4000
Fax: 202—380—4500
wyny.smus.com www xmradio.com



March 2, 2010

Yia IBFS
Ms. Marlene H. Dortch, Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

        Re:     Sirfus XM Radio Inc.
                Request for Extension of 180—Day Special Temporary Authority to Operate
                Very Low Power Repeaters and Signal Boosters at Trade Show Events
                KFile No. SAT—STA—20090910—00096

Dear Ms. Dortch:

        Pursuant to Section 25.120(b)(2) of the Commission‘s rules, 47 CF.R. § 25.120(b)(2),
Sirius XMRadio Inc. ("Sirfus XM"), a satellite radio licensee in the Satellite Digital Audio
Radio Service, hereby requests extension ofthe above—referenced Special Temporary Authority
("STA") to operate in its licensed frequency band (i) very low power terrestrial repeaters with an
Effective Isotropically Radiated Power ("EIRP") of up to ten watts and (ii) signal boosters with
an EIRP of up to 0.0001 watts that have previously been approved for use in retail stores and
other indoor locations. Sirius XM requests that the Commission renew this STA for a period of
180 days or until the Commission issues a blanket license for repeaters used in connection with
satellite radio. Absent renewal, this STA is scheduled to expire on March 12, 2010.‘


        Sirtus XM cutrently operates these repeaters and boosters 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 September 13,


        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
shall make a final determination with respect to this request. See 47 C.F.R. § 1.62.


Ms. Marlene H. Dortch
March 2, 2010
Page 2


2009. Sirius XM has not changed technical parameters for the repeaters and boosters since the
original grant ofthe STA and is not herein requesting modification of any ofthoseparameters.
Renewing this STA will serve the public interest by allowing Sirius XM to continue to provide a
quality signal at temporary events in various locations across the United States.

Sirius XM has been using the repeaters and boosters authorized in the above—referenced STA for
over 180 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 and boosters operate at a power _
level of not more than ten watts andat a level which is unlikelyto cause any interference. As the
Bureau acknowledged in granting Sirius XM‘s original repeater STA requests, and the WCS
licensees have confirmed, operating texresmal repeaters and boosters 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 and boosters. These conditions and the technical
parameters ofthe repeaters and boosters have provided sufficient protection to other radio
services. Therefore, prompt grant of Sirius XM‘s extension request will allow for the continued
receptionof the SDARS signal at various trade show events across the country.

Please direct any questions regarding this matter to the undersigned.


                                                     Very
                                                        11qu %roms

                                                    MWP—
                                                      @amcsS. B}ttz
                                                    / Vice President, Regulatory Counsel


        See XM Radio, Inc., Applicationfor 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 (i1) 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 XMagrees to these
conditions.


Ms. Marlene H. Dortch
March 2, 2010
Page 3




ce:      Stephen Duall, FCC International Bureau
         Jay Whaley, FCC International Bureau
         Sankar Persaud, FCC International Bureau



Document Created: 2019-04-29 13:47:10
Document Modified: 2019-04-29 13:47:10

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