Attachment Sirius XM - Grant Ju

Sirius XM - Grant Ju

DECISION submitted by IB,FCC

G

2010-07-07

This document pretains to SAT-STA-20100415-00078 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010041500078_828552

File 4# SHT— STA—Zm8 OS —OCOT§ SAT—STA—20100415—00078 182010001191 XM Radio Inc. l Sipn immpmage Grant Date _Qj_/_():ZZLO — )a fiéj%q& Approved by OMB oSs/oyio. (see concifions) 3060—0678 Date & Time Filed: Apr 15 2010 3:58:32:136PM J%/xw_____ Stepr File Number: SAT—STA—20100415—00078 *SU b\\ed‘ o condutions Chie® Sedellite R)h(j Branch 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 a Low Power Terrestrial Repeater in Las Vegas, Nevada for 180 Days 1. Applicant Name: XM Radio Inc. Phone Number: 202—380—4000 DBA Name: 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: James S. Blitz

Application of XM Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20100415—00078 Special temporary authority (STA) is granted to XM Radio Inc. (XM Radio) to continue to operate a terrestrial repeater with an Effective Isotropically Radiated Power (EIRP) of up to 2,000 watts (average) in Las Vegas, Nevada, at the Tropicana Hotel, for a period of 180 days commencing on May 5, 2010. This authorization is granted according to the technical parameters specified in XM Radio‘s application and is subject to the conditions below. 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 repeater 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 repeater shall comply with Part 17 of the Commission‘s rules — Construction, Marking, and Lighting of Antenna Structures. The terrestrial repeater shall comply with Part 1 of the Commussion‘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. XM Radio 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 XM Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20100415—00078 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. ‘Tile #_Sht— sim— 2016 04 15— 6007 _ Call Sign Grant Date o7/07/0 (or other identifier) peried of Torm Dates lfso days OS/OS_/'O ol T6: (s eens) Condmo From P 4% [buaull 3. Duall * SUtj)ed 1o cénd'd\ons Salellte PO“(S 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 SATSTA2009093000102 or Submission ID 4a. Is a fee submitted with this application? fod IfYes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). C Governmental Entity — C Noncommercial educational licensee {p Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request «4 Change Station Location & Extend Expiration Date gy 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.) XM Radio Inc. requests extension of Special Temporary Authority (STA) granted on November 5, 2009 to operate a low power terrestrial repeater in Las Vegas, Nevada for 180 days (File No. SAT—STA—20090930—00102). Absent renewal, this STA will expire on May 4, 2010 . 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject % Yes «y 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 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.sinus.com wwwxmradio.corn April 15, 2010 Via IBFS Ms. Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: XM Radio Inc. Request for Extension of 180—Day Special Temporary Authority to Operate a New Low Power Terrestrial Repeater in Las Vegas, Nevada File No. SAT—STA—20090930—00102 Dear Ms. Dortch: Pursuant to Section 25.120(b)(2) of the Commission‘s rules, 47 C.F.R. § 25.120(b)(2), XM Radio Inc. ("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 a low power terrestrial repeater which has an average Effective Isotropically Radiated Power ("EIRP") of 2000 watts. 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 May 4, 2010.‘ XM currently operates the repeater pursuant to the STA granted by the International Bureau on November 5, 2009. XM has not changed technical parameters for this repeater 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 XM to continue to _ 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 April 15, 2010 Page 2 provide a quality signal to its subscribers in the Las Vegas, Nevada area. XM has been using the repeater 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. XM emphasizes that the repeater operates at a power level of not more than 2000 watts. As the Bureau acknowledged in granting 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. XM will continue to comply with the conditions the Commission imposed in granting the above— referenced STA to operate the repeater. These conditions and the technical parameters of the repeater have provided sufficient protection to other radio services. Therefore, prompt grant of XM‘s extension request will allow for the continued reception of the SDARS signal in Las Vegas. Please direct any questions regarding this matter to the undersigned. Very truly yours, / [ i Zzsg( B‘;itz Vice President, Regulatory Counsel * 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). XM agrees to these conditions.

Ms. Marlene H. Dortch April 15, 2010 Page 3 ce: Stephen Duall, FCC International Bureau Jay Whaley, FCC International Bureau Sankar Persaud, FCC International Bureau


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Document Modified: 2019-04-09 05:48:37
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