Attachment Sirius XM - Grant Oc

Sirius XM - Grant Oc

DECISION submitted by IB,FCC

g

2010-10-28

This document pretains to SAT-STA-20100923-00200 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010092300200_848480

£—— "‘““'"""—""“‘_—{ +m | File #_SAT—SB— 20100823— 00200 1B2010002983 | SAT-STA-20100923—00200 | Sirius XM Radio Inc. Call Sign _ Grant Date 'O/ZS/JO I ' (or other identifier) * | Torm Dates gee adtached Approved by OMB To: CO«%\\}\ODS 3060—0678 TEemF é‘rom 0‘9/&7/10 Date & Time Filed: Sep 23 2010 1:44:45:630PM { International Bureau | Ap; /éié/fl/j .ZZ(/(,% File Number: SAT—STA—20100923—00200 +#tithconditions_ Ste;@/j, Duall Callsign: Ch\e{ Eatellite Policg 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 a Terrestrial Repeater in Arlington, Virginia for 30 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—201000923—00200 Special temporary authority (STA) is granted to Sirius XM Radio Inc. (Sirius XM) to continue to operate one terrestrial repeater with an Effective Isotropically Radiated Power (EIRP) of up to 2000 watts (average) in Arlington, Virginia, for a period of 30 days, commencing on September 27, 2010. 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 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. 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 30 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.F.R. § 1.115 may be filed within 30 days of the date of the Public Notice announcing this action. File# SHIY—STIB—20100923—002006 Call Sign Grant Dntcw___ (or otheridentifier) Term Dates * etached| _ _—ighe)ul 09/27/10 To: CQ\“(\\‘WCHS *Fwiéth cordifions Stc9\\‘J . Dual! ()\\d,va\e\\dc Poh(tj \5&“\(1\

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 SATSTA2010082000179 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). 3 Governmental Entity £3 Noncommercial educational licensee {} Other(please explain): 4b. Fee Classification CRY — Space Station (Geostationary) 5. Type Request «y 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 August 27, 2010 (File No. SAT—STA—20100820—00179) to operate one low power terrestrial repeater in Arlington, Virginia for 30 days. Absent renewal, this STA will expire on September 26, 2010 . 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject g Yes «4 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: Extension 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@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 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.

mu:imqh,in Place, N.E BJS P—— i: agton, C 0002 2 m3 oo C3 L3 ww.sttus.com wwwxmradio.com September 15, 2010 YVia IBFS Ms. Marlene H. Dortch, bu,xuary Federal Communications Commission 445 12th Street, SIW. Washington, D.C. 20554 Re: Sirfus XM Radio Inc. Request for Extension of 30—Day Special Temporary Authority to Operate a Low Power Terrestrial Repeater in Arlington, Virginta File No. SAT—STA—20100820—00179 Dear Ms. Dortch: Pursuant to Section 25.120(b)(4) ofthe Commission‘s rules, 47 C.F.R. § 25.120(b)(4), Sirtus XM Radio Inc. ("Sirius XM"), a satellite radio licensee in the Satellite Digital Audio Radio Service ("SDARS"), hereby requests extension of the above—referenced Special Temporary Authority ("STA") to operate in its licensed frequency band a low powerterrestrial repeaterin Arlington, Virginia with an Effective Isotropically Radiated Power ("EIRP") of up to 2000 watts.‘ Specifically, the application sought authority to operate one new low power repeater in | 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, ECC 10—82 (released May20, 2010) (the "May 20 Order"}. The May 20 Order authorizes the International Buseau "to continue to grant STAs for newor modified repeaters ... {until] any permanent authorizationto operate SDARS repeaters becomes effective." See Para. 264. However, no such permanent authorization can become effective until after the new rules have been approved by the Office of Management and Budget, which has not yet occurred. See 75 Fed. Reg. 45058, 45058 (Aug. 2, 2010).

Ms. Marlene H. Dortch September 15, 2010 Page2 the former XM Radio Inc. ("XM") frequency band(2332.5—2345 MHz). Sirius XM requests renewal of this STA for a period of 30 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 September 26, 2010.* Sirius XM currently operates these repeaters pursuant to the STAgranted by the International Bureau on August 27, 2010, File No. SAT—STA—20100820—00179. Sirius XM has not changed technical parameters for the repeater since the original grant of the STA andis not herein requesting modification of any of those parameters. Renewing this STA will serve the public interest by enabling Sirius XM to continue providing quality service to subscribers in Arlington, Virginia. Sirius XM has been using the repeater authorized in the above—referenced STA for over 30 days and is not aware of any incidents where the equipment has caused any interference to other radio services. Sirius XM emphasizes that the repeater operates 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 STAto operate the repeater. These conditions and the technical parameters of the repeater have provided sufficient protection to other radio services. Therefore, prompt grant Because this request is timely, pursuant to Section 1.62 ofthe Rules, this STA will continue in effect without further action by the Commission until such time as the Commission shall make afinal determination with respect to this request. Nee 47 C.F.R. § 1.62. > 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(11) is subject to the conditionthat 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." May 20 Order at Para. 243.

Ms, Marlene H. Dortch September 15, 2010 Page 3 of Siritus XM‘s extension request will allowfor the continued reception of the SDARS signal by subscribers in Arlington, Virginia. Please direct any questions regarding this matter to the undersigned. Ver tx;yly yours, 0 uh ue W TV &rfuww‘w "~ Al\ ;&. 5 )%» “&\m‘ \\,\ | Jamies 8. Blitz jf Vice President, Regulatory Counsel o+ ce: Stephen Duall, FCC International Bureau Jay Whaley, FCC International Bureau Sankar Persaud, FCC International Bureau


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