Attachment Sirius XM Radio - Gr

Sirius XM Radio - Gr

DECISION submitted by FCC

GRANT

2010-08-19

This document pretains to SAT-STA-20100623-00143 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010062300143_835538

Fils # SA1T— smm — 20100 623— coi143 Call Sign Grant Date_O§/9 /o (or otheridentifier) * _ Term Dates Sf?&{f Approved by OMB From os /A9/10 ._ comtmons 3060—0678 1 Bn+ Aryrrowert UTCaL ! Approved: Date & Time Filed: Jun 23 2010 1:27:32;:216PM o prnemmmmade ce File Number: SAT—STA—20100623—00143 Fwith conditions Stepken_ J. Duall Callsign: Chic Sedellike PolicyBranc h 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 Special Temporary Authority to Operate Two New Low Power Terrestrial Repeaters in the Commonwealth of Puerto Rico 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

Attachment to Grant Application of Sirius XM Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20100623—00143 Special temporary authority (STA) is granted to Sirius XM Radio Inc. (Sirius XM) to operate two new terrestrial repeaters with an Effective Isotropically Radiated Power(EIRP) of up to 2000 watts (average) in Puerto Rico, for a period of 180 days. 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 180 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.F.R. § 1.115 may be filed within 30 days of the date of the Public Notice announcing this action. File # SAT— Sih—20i60623— 00143 Call Sign _______ GrantDate_08/19 (or other identifier) *€ 4 . Term Dates ~*<€.; From _O#A98/h0 To: corditions - [ International Burcau Approved: 'J/f—féfly IMW €Lorth condih ons 61@;2)!9 J. Duall: _ Clhief} 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 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). {} Governmental Entity g*y Noncommercial educational licensee qy Other(please explain): 4b. Fee Classification —CXW — Space Station (Non—Geostationary) 5. Type Request ¢34 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. requests Special Temporary Authority to operate two new low power terrestrial repeaters in the Commonwealth of Puerto Rico for 180 days pursuant to the technical parameters listed in Exhibit A. 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 &quot;party to the application&quot; 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).

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SIRIUSRADIO XMINC. 1500 Eckington Place, N.E. Washington, D.C. 20002 Tel: 202—380—4000 Fax. 202—380—4500 www.sirlus.com www.xmradio.com June 23, 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 180—Day Special Temporary Authority to Operate Two Low Power Terrestrial Repeaters in the Commonwealth of Puerto Rico 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 180—Day Special Temporary Authority ("STA") to operate two low power terrestrial repeaters in its licensed frequency band, each of which has an average Effective Isotropically Radiated Power ("EIRP") of up to 2000 watts. Specifically, this application seeks authority to operate these new repeaters in the former Sirius Satellite Radio Inc. ("Sirius") frequency band (2320—2332.5 MHz) in various locations in the Commonwealth of Puerto Rico. ‘ ‘ On June 21, 2010, Sirius XM filed a request to operate these two repeaters under 60—Day Special Temporary Authority pursuant to Section 25.120(b)(3) of the Commission‘s rules. See FCC File No. SAT—STA—20100621—00141. That request remains pending. The Commission recently adopted formal rules for satellite radio terrestrial repeaters. See Amendment of Part 27 of the Commission‘s Rules to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band; Establishment of Rules and Polices for the Digital Audio Radio Satellite Service in the 2310—2360 MHz Frequency Band, Report and Order and Second Report and Order, FCC 10—82 (released May 20, 2010) (the "May 20 Order"). The May 20 Order authorizes the International Bureau "to continue to grant STAs for new or modified repeaters ... [until] any permanent authorization to operate SDARS repeaters becomes effective." Id. at Para. 264.

Ms. Marlene H. Dortch June 23, 2010 Page 2 The Bureau has previously granted Sirius XM an STA to operate repeaters in Puerto Rico," pursuant to the Commission‘s order approving the merger of Sirius Satellite Radio Inc. and XM Radio Inc.* As a condition of that merger, Sirius XM agreed to "file the necessary applications to provide the Sirius satellite radio service to the Commonwealth of Puerto Rico using terrestrial repeaters and ... upon grant of the necessary permanent authorizations, promptly introduce such satellite radio service to the Commonwealth.‘"" The repeaters proposed herein will allow Sirius XM to enhance its service in the Commonwealth. The Commission has recognized that SDARS operators require terrestrial repeaters to provide high— quality service nationwide." Consistent with this policy, in September 2001, the Bureau granted STAs to Sirius XM to operate a nationwide network of terrestrial repeaters.° 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." 2 See Sirius XM Radio Inc., Order and Authorization, IBFS File No. SAT—STA—20081027— 00210 (Int‘l. Bureau, Sept. 11, 2009); Sirius XM Radio Inc., Order and Authorization, IBFS File No. SAT—STA—20091030—00115 (Int‘l. Bureau, Dec. 10, 2009). 3 Applications for Consent to the Transfer of Control of Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee, 23 FCC Red 12348 (2008). 4 Id. * See Establishment ofRules 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 ofProposed Rulemaking, 12 FCC Red 5754, 5770 37 (1997). 6 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 Red. 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 Red. 16781 € 18 (2001) ("XM ST4 Order‘). 7 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 Red. 18140 (2004) (granting Sitius 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 Sirtus 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 Red 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.; Requestfor Special Temporary Authority to Operate Additional Satellite Digital Audio Radio Service Terrestrial Repeaters, Order and Authorization, 19 FCC Red. 18140

Ms. Marlene H. Dortch June 23, 2010 Page 3 Public Interest Considerations. Grant of this STA will serve the public interest by allowing Sirius XM to improve SDARS service to the Commonwealth of Puerto Rico. Without terrestrial repeaters, service in Puerto Rico is unreliable or non—existent on many parts of the island. The Commission has recognized that the benefits of satellite radio and complementary terrestrial repeaters include the provision of "high quality radio signals to areas that have limited radio service," continuous radio coverage for individuals on long—distance trips, and "[d]Jiverse program formats, including educational, ethnic and religious programming.""* These repeaters will ensure that residents of Puerto Rico will enjoy the same high—quality satellite radio service as the rest of the United States. > Technical Information for the New Low Power Repeaters. The following technical information pertaining to the repeaters is provided in Exhibit A: (1) antenna type; (2) antenna orientation; (3) average EIRP; (4) height above ground level ("AGL"); and (5) antenna downtilt." Exhibits B and C consist respectively, of Google*Y satellite images and topographic maps showing the location of the proposed facilities. The specification sheet for the antennas to be used by the repeaters is attached as Exhibit D. Interference Considerations. The new low power repeaters will each operate at an average EIRP of less than 2000 watts. Because Sirius XM has exclusive use of its licensed band, it is highly unlikely that these new low power repeaters will create interference to other licensees. To the extent XM‘s original 2001 STAs require it to coordinate with affected Wireless Communications Services ("WCS") licensees prior to operating any repeater, XM is not aware of any operational WCS facility in the Commonwealth of Puerto Rico.‘" 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.‘‘ However, if (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. 8 2001 STA Grant Order at 16776 (§ 9). 9 For purposes of Sirius XM and XM Radio repeater STA applications, "antenna downtilt" refers to an antenna‘s mechanical downtilt, without reference to any electrical downtilt built into the antenna. 10 See Sirius STA Order © 14. Despite the Bureau‘s statement in the Sirius STA Order (at « 14), the Bureau said it expects "WCS licensees to provide a schedule or as much advance notice as possible of when there stations are to be placed in operation." Sirius XM has not received information from any WCS licensee regarding plans for WCS deployment in this market. Moreover, Sirius XM‘ s own review of "substantial service" filings does not show any operational WCS stations in this market. _ 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

Ms. Marlene H. Dortch June 23, 2010 Page 4 prohibited interference does occur, Sirius XM will cease operation of the new repeaters until such interference can be eliminated."" Ownership and Control ofRepeaters. Sirius XM will own the new low power repeaters and it will be responsible for their installation and operation. Certifications. Sirius XM certifies that it will operate the new low power repeaters subject to the conditions and certifications set forth in the Sirtus 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 these repeaters 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; (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 (11) 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. In the May 20 Order, the Commission concluded "that SDARS terrestrial repeaters can operate at an average EIRP of 12 kw with maximum PAPR of 13 dB without causing harmful interference to WCS base station receivers." Id. at Para. 243. 12 These repeaters‘ 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 June 23, 2010 Page 5 (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 electromagneticfields as defined in Sections 1.1307(b) and 1.1310of the Cormmission‘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 these repeaters according to the technical parameters provided in this application; {(9) Sirius XM will maintain full ownership and operational control of these repeaters; and (10) Sirius XM will immediately shut down these repeaters 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 radiocommunications facilities from interference, nor will it prejudice the outcome ofthe Commission‘s ongoing rulemaking pertaining to the deploymentand 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 ofthe Anti—Drug Abuse Act of 1988, 21 U.S.C. § §53(a). Sirins XM is submitting payment to the Federal Communications Commission in the amount of Two Thousand Eight Hundred Sixty Dollars ($2860.00) —— the filing fee applicable to requests for STAs for non—geostationary ("NGSO") satellites." Please direct any questions regarding this matter to the undersigned. Very trgly yours, boflfe ames 8. Blitz ice President, Regulatory Counsel } See International and Satellite Services Fee Filing Guide (February 2009).

Ms. Marlene H. Dortch June 23, 2010 Page 6 co: Stephen Duall, FCC International Bureau Jay Whaley, FCC International Bureau Sankar Persaud, FCC International Bureau

Exhibit A Technical parameters for repeaters c NBR cotim| wl| Sm oarn es es ies, ho (w) (AZIMUTH) (FT. AGL) (DEGREES) EIRP(W) Guaynabo, PR I;Egé'roll 18—24—18 66—06—33 $A2500—090%—16 225 230 0 2000 Guaynabo, PR gsgti'roé 18—24—18 66—06—33 $A2500—090%—16 315 230 o 2000 Carolina, PR 1;1:31;011 18—24—26 65—58—43 $A2500—090%—16 45 195 0 2000 Carolina, pr CRO3—0! Sector 2 18—24—26 65—58—43 $A2500—090X—16 135 195 0 2000

Exhibit B Google*Y? Satellite Image of Repeater Locations


Exhibit C Topographic Map of Repeater Locations ns‘es 9 %@' {>,L‘,!p za fan s #a

Exhibit D Antenna Specification Sheets for Repeaters

S$A2500—0980X—16 DualPol® Antenna Decibel® Base Station Antennas Frequency (MHz) : 2300 — 2700 Polarization : £45° Gain {dBd/dBi) : 14.516.6 Azimuth BW (Deg.): 90 Elevation BW (Deg.): 5.6 Beam Tilt (Deg.): 2 USLS* (dB) : 18 Front—To—Back Ratio*{dB) : 34 Isolation (dB) : >30 VSWR : <1.4:1 PIM3 @© 2 x 20w (dBce)} : —140 Max. Input Power {Watts) : 80 Impedance (Ohms) : 50 Lightning Protection : DC Ground Notes: Antenna mount is included with antenna. Weight : 3.9 kg (8.7 tb) Dimensions (LxWxD) : 1,219 x 165 x 84 mm (48 x 6.5 x 3.3 in} Max. Wind Area : 010 m‘(1.1 ) Max. Wind Load (@ 100 mph) : 271.7 N (61.1 lbt] Max. Wind Speed : 241 kmi/h (150 mph) Hardware Material : Stainless Steet Connector Type : N — Type Female {2, Bottom}) Color : Light Gray Standard Mounting Hardware : 602030WM Andrew Corporation Fax: 214.631.4706 * — Indicates Typical 2601 Telecom Parkway Toll Free Tel: 1.800.676.5342 41612007 Richardson, Texas U.S.A 75082—3521 Fax: 1.800.229.4706 Tel: 214.631.0310 www .andrew.com dbtech@andrew.com Information correct at date of issue but mey be subject to change without notice.

S$A2500—090XM—416 DualPol® Antenna Decibel® Base Station Antennas Freq: 2500 MHs, Tat: 2 Fraq 2500 MHz, Tok 2 Andrew Corporation Fax: 214.631.4706 * — Indicates Typical 2601 Telecom Parkway Toll Free Tel: 1.800.676.5342 46/2007 Richardson, Texas U.S.A 75082—3521 Fax: 1.800.229.4706 Tel: 214.631.0310 www.andrew.com dbtech@andrew.com Information correct at date of issue but may be subjectto change without notice.


Document Created: 2010-08-19 15:34:44
Document Modified: 2010-08-19 15:34:44
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