Attachment Sirius XM- Grant Sep

Sirius XM- Grant Sep

DECISION submitted by IB,FCC

grant

2010-09-09

This document pretains to SAT-STA-20100720-00163 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010072000163_839162

63 1B2010002283 Tile#_ SBT— STh—ZO0I0 0720—001( SAT—STA—20100720—00163 Sirius XM Radio Inc. Call Sign Grant Date_OYos/io or other identifier) Torm Dates Set attached | by OMB :+ conditions Approved3060—0678 ‘romm_©%/693/0 Fro Date & Time Filed: Jul 20 2010 11:05:36:270AM |_ International WNSXUHLUCTJ Bureau ADDIOY Approved: y F File Number: SAT—STA—20100720—00163 * with conditions Chief, Satellite Policy Bvanch 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 Special Temporary Authority to Operate a Terrestrial Repeater in Baltimore, Maryland 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—20100720—00163 Special temporary authority (STA) is granted to Sirius XM Radio Inc. (Sirius XM) to operate a terrestrial repeater with an Effective Isotropically Radiated Power (EIRP) of less than 12,000 watts (average) in Baltimore, Maryland, 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. 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 Commission‘s rules, Subpart 1 — 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. 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. 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. SBT— sim— 20100720—00163 "‘M Tile # Call Sign Grant Date_O093/09/h6 (or other identifier) Torm Dates S6e C_IHOCN’A /6 09ho log o T_ cd :odin d ons |i From O38/ WZ | | GRANTED* l Bureau z Approv ed: fi m iona [ Internat.___-“-[1‘, ;.4‘_‘.\__, '\01\, Ssfepfen 3. Duall #xulih égreniet‘s Cvie? Setellite Polcy Branc)

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? @ If Yes, complete and attach FCC Form 159. If No, indicate reason for fee exemption (see 47 C.F.R.Section 1.1114). gy Governmental Entity £3 Noncommercial educational licensee C Other(please explain): 4b. Fee Classification CXW — Space Station (Non—Geostationary) 5. Type Request q4 Change Station Location {} 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 a terrestrial repeater in Baltimore, Maryland 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 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 aconviction 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 burdenit 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 Internetif you send them to PRA@fec.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 orif we fail to provide you with this notice. This collection has been assigned an OMB control numberof 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.

SIRIUSRADIO XMINC. 1500 Eckington Place, N.E. Washington, D.C. 20002 Tel: 202—380—4000 Fax: 202—380—4500 wway.sirlus.com www.xmradio.com July 20, 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 For a Terrestrial Repeater in Baltimore, Maryland 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 ("SDARS"), hereby requests 180—Day Special Temporary Authority ("STA") for one terrestrial repeater having an Effective Isotropically Radiated Power ("EIRP") of below 12 kw in Baltimore, Maryland.‘ Specifically, this application seeks authority to operate one repeater in the former Sirius Satellite Radio Inc. ("Sirius") frequency band (2320—2332.5 MHz) at 4900 watts on each of two sectors. Sirius XM requires STA so that it can increase the power of this repeater back to the level at which it oerated prior to June 2010, in order to minimize the disruption of satellite radio service to the public.* ‘ The Commission recently adopted formal rules for satellite radio terrestrial repeaters. 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. * On July 16, 2010, Sirius XM filed an application for a 60 day STA for the same facilities, pursuant to Section 25.120(b)(3) of the Commission‘s Rules, 47 C.F.R. §25.120(b)(3). See FCC File No. SAT—STA—20100716—00161. That application remains pending. A related application

Ms. Marlene H. Dortch July 20, 2010 Page 2 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.4 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." The May 20 Order adopted those final rules, although the rules have not become effective and also remain subject to reconsideration and review by the Commission and the courts. Public Interest Considerations. In June 2010, Sirius XM discontinued operations on this repeater due to minor discrepancies between the authorized site parameters and the specifications of the repeater as constructed. Pursuant to STA, Sirius XM reauthorized operations at lower power in order to promptly return service to the public. See FCC File No. SAT—STA—20100621—00140 for 180 day STA for this same facility also remains pending. See FCC File No. SAT—STA— 20100623—00142. ' * See May 20 Order. See also, Establishment ofRules and Policies for the Digital Audio Radio Satellite Service in the 2310—2360 MHz Frequency Band, Report and Order, 12 FCC Red 5754, 5770 «[ 37 (1997). 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., Applicationfor Special Temporary Authority to Operate Satellite Digital Audio Radio Service Complimentary Terrestrial Repeaters, Order and Authorization, 16 FCC Red. 16781 « 18 (2001) ("XM STA Order‘). 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 Sirius an STA in File No. SAT—STA— 20031 106—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 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 (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 July 20, 2010 Page 3 (granted June 25, 2010). Sirius XM now seeks to return this repeater to operation with the power level at which it previously operated —— 4900 watts EIRP, on each of two sectors —— in order to provide its subscribers in the Baltimore, Maryland area with the same quality of satellite radio service as they received prior to June 2010. Technical Information for the Repeater. 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.© Exhibits B and C consist respectively, of Google*Y satellite images and topographic maps showing the location of the proposed facilities. The specification sheets for the antennas to be used by the repeateris attached as Exhibit D. Interference Considerations. As proposed in this STA, this repeater will operate at an average EIRP of 4900 watts. Because Sirius XM has exclusive use of its licensed band, and because this repeater previously operated at this powerlevel without causing any interference, it is highly unlikely that this 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 sending a copy of this STA application to Horizon Wi—Com LLC in satisfaction of this coordination requirement® However, if prohibited interference does occur, Sirius XM will cease operation of the repeater until such interference can be eliminated." 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. In the May 20 Order, the Commuission determined "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." May 20 Order at Para. 243. ° 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 these markets. However, Sirius XM‘s own review of Commission files shows that Horizon has certified that it operates a WCS station serving the Washington, DC metro area, Call Sign KNLB315. It is not clear from the certification whether the base station is receiving transmissions from CPE oris engaged in transmit—only operations. If only the latter, potential interference to the base station is not an issue. In any event, Sirius XM has conducted an interference analysis and determined that its proposed repeaters will not create any interference concern for Horizon‘s operating WCS site beyond any concerns that may exist from Sirius XM‘s existing repeaters in the vicinity, none of which have been the subject of any interference complaints from WCS licensees or users. 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

Ms. Marlene H. Dortch July 20, 2010 Page 4 Ownership and Control ofRepeater. Sirtus 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 Strizus 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 Commiussion‘s rules; (7) The out—of—band emissions of the facility will be limited to 75+10log (EIRP) dB less than the transmitter EJRP; (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. 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 July 20, 2010 Page 5 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). Sirius 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. ery truly yours, | _ ice President, Regulatory Counsel to: Stephen Duall, FCC International Bureau Jay Whaley, FCC International Bureau Sankar Persaud, FCC International Bureau Rajendra Singh, Horizon Wi—Com (rsingh@tyvile.com) Thomas Gutierrez, Lukas, Nace, Gutierrez & Sachs (tgutierrez@feclaw.com) 9 See International and Satellite Services Fee Filing Guide (February 2009).

Exhibit A Technical Parameters for Repeater ANTENNA SITE SITE ANTENNA ANTENNA ANTENNA TOTAL CITY NumBEr LATITUDE LONGITUDE ANTENNA TYPE ORIENTATION HEIGHT DOWNTILT AVERAGE ° (N) (w) (AZIMUTH) (FT.AGL) (DEGREES) EIRP (W) Baltimore, MD Slg;‘;gf'll 1 39 —17 —14 76—36—52 EMS FRI0—17—00NVL 45 525 0 4900 Baltimore, MD STM89—4 Sector 2 39 57 .14 76—36—52 EMS FR90—17—00NVL 315 525 0 4900

Exhibit B Google*Y" Satellite Image of Repeater Location et »4 ..jsfl «:_p

Exhibit C Topographic Map of Repeater Location

Exhibit D Antenna Specification Sheet for Repeater

OtTtHER PRODUCTS El ,u._,l:,s‘_‘a FR90—17—XXXVL OptiFill" DualPol® Polarization Suppressor" 2305 MHz — 2360 MHz Electrical Specifications Azimuth Beamwidth (—3 dB) 90°+ 5° Elevation Beamwidth (—3 dB) 5.6° Elevation Sidelobes (Upper) > 20 dB Gain 16.6 dBi (14.5 dBd) Polarization Slant, £45° Front—to—Back Ratio > 25 dB ( > 30 dB Typ.) Electrical Downtilt Options 0° VSWR 1.33:1 Max (1.22:1 Typ) Connectors 2; 7—16 DIN (female), or Type N Power Handling 250 Watts CW Passive Intermodulation <—147 dBc [2 x 20 W (+ 43 dBm)] Lightning Protection Chassis Ground RF CONNECTORS Mechanical Specifications Dimensions (L x W x D) 54 in x 6 in x 3 in (137.2 cm x 15.2 cm x 7.6 cm) Rated Wind Velocity 150 mph (241 km/hr) Equivalent Flat Plate Area 283# (.21 n) Front Wind Load @ 100 mph (161 kph) 66 Ibs (294 N) Side Wind Load @ 100 mph (161 kph) 33 lbs (147 N) Weight (Without Mounting Options) 13 lbs (6.0 kg) Mounting Options MTG—POO—10, MTG—$02—10, MTG—DXX—20*, MTG—CXX—10*, MTG—C02—10, MTG—TXX—10* Note: *Model number shown represents a series of products. See Mounting Options section for specific model number. Patterns o° Azimuth Elevation 0° Downtilt EMS‘ antennas are protected by one or more of the following U.S. patents: 5,844,529; 6,067,053; 6,462,710; 6,392,600; 6,069,590; 5,966,102; . 5,757,246. EMS‘ antenna designs may also be covered by pending U.S. Revised 09/03/04 patent applications and by pending & awarded international patents. +1 770.582.0555 ext. 5310 + Fax +1 770.729.0036 www.emswireless.com


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Document Modified: 2019-04-13 18:20:38
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