Attachment Sirius XM- Grant Jul

Sirius XM- Grant Jul

DECISION submitted by IB,FCC

G

2010-07-07

This document pretains to SAT-STA-20100322-00052 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010032200052_828548

            SAT—STA—20100322—00052
                                                                                   File 4#     SBV— S7mh— 2000322 — COOo§2
Sirius XM Radio Inc.

                                                                                   Call Sign               Grant Date    07/07/50

                                                                                     rother identifier)
                                                                                                                        period of
                                                                                                           [orm Dates    180 days Approved by OMB
                                                                                       m 04/6/0                         Beerodibos)          s060—0678
Date & Time Filed: Mar 22 2010 1:36:19:363PM
                                                        *sutg)ec"r 40 conditions                          ie       7). Duall
File Number: SAT—STA—20100322—00052
                                                                                                          Cmief,   Satellie Policy Braonch
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 Six Low Power Terrestrial Repeaters at Various Locations for 180
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


           Application of Sirius XM Radio Inc. for Special Temporary Authority
                         IBFS File No. SAT—STA—20100322—00052

Special temporary authority (STA) is granted to Sirius XM Radio Inc. (Sirius XM) to continue to
operate, for a period of 180—days commencing on April 6, 2010, five terrestrial repeaters having
an average Effective Isotropically Radiated Power (EIRP) of up to 2000 watts for use on the
Sirius network (2320—2332.5 MHz) and one terrestrial repeater having an average EIRP of up to
2000 watts for use on the XM network (2332.5—2345 MHz) at various locations throughout the
United States, as set forth in Sirius XM‘s 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.

   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.

   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.

   The terrestrial repeaters shall comply with Part 17 of the Commission‘s rules — Construction,
   Marking, and Lighting of Antenna Structures.

   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 Commussion‘s rules.

   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..

   This STA expires after 180 days, or on the date that permanent authority to operate the
   covered repeater operations becomes effective, whichever occurs first.

   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.


       Application of Sirius XM Radio Inc. for Special Temporary Authority
                     IBFS File No. SAT—STA—20100322—00052

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




                                           File #   SAT— SA —20100322—00087


                                                            Grant Date &7 /07/|,O

                                                            _     _       pericd of
                                                            Teorm Dates     D d                   on
                                                                      tA |8L      a'fls (St'c ('ondihofls)



                                                                      .§. Duq” |
                                                                  ( Satellite Policy Branch


2. Contact


             Name:         James S. Blitz                     _ Phone Number:                        202—380—4000
             Company:      Sirius XM Radio Inc.                 Fax Number:                          202—380—4981
             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 SATSTA2009072100074 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).
C3 Governmental Entity       ¢*3 Noncommercial educational licensee
C Other(please explain):

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


lel   Change Station Location                     @   Extend Expiration Date                         C   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.               requests extension of Special Temporary Authority                              (STA)    granted on
     October 7,         2009 to operate six low power terrestrial repeaters at various locations for
     180 days        (File No.      SAT—STA—20090721—00074). Absent renewal,                         this STA will expire on April
     5,   2010 .




9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yos                 C 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
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 LaAW 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.sinus.com www.xmradio.com


March 22, 2010

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 180—Day Special Temporary Authority to Operate
                 Six New Low Power Terrestrial Repeaters at Various Locations
                 File No. SAT—STA—20090721—00074

Dear Ms. Dortch:

        Pursuant to Section 25.120(b)(2) of the Commission‘s rules, 47 C.F.R. § 25.120(b)(2),
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 in its licensed frequency band multiple low power terrestrial repeaters, each
of which has an average Effective Isotropically Radiated Power ("EIRP") of 2000 watts. 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 April 5, 2010.‘


         Sirius XM is authorized to operate five of the repeaters in connection with the Sirius
frequency band (2320—2332.5 MHz) and one ofthe repeaters in connection with the XM Radio
Inc. ("XM") frequency band (2332.5—2345 MHz), pursuant to the STA granted by the
International Bureau on October 7, 2009. Sirius XM has not changed technical parameters for



        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 CF.R. § 1.62.


Ms. Marlene H. Dortch
March 22, 2010
Page 2


the repeaters since the original grant ofthe 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 at to its subscribers at various locations across the United
States.

Sirius XM has been permitted to use the repeaters authorized in the above—referenced STA for
over 180 days and is not aware of any incidents where the equipment has caused interference to
other radio services. Sirius XM emphasizes that the repeaters are all authorized to operate at a
power level of not more than 2000 watts. As the Bureau acknowledged in granting Sirius XM‘s
original repeater STA requests, and the WCS licensees have confirmed, operating 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 at
the various locations authorized in this STA.

Please direct any questions regarding this matter to the undersigned.


                                                        Very truly yours,



                                                         léf—   A
                                                        Janes S. Blitz
                                                          ice President, Regulatory Counsel
                                                   en




    * 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 EBIRP, provided that grant of the STA (i) is conditioned on
operation on a non—interference basis; and (ii) is subject to the condition that theissue 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
March 22, 2010
Page 3




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



Document Created: 2019-04-22 21:34:14
Document Modified: 2019-04-22 21:34:14

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