Attachment Sirius XM - Grant De

Sirius XM - Grant De

DECISION submitted by IB,FCC

GR

2010-12-15

This document pretains to SAT-STA-20101008-00211 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2010100800211_857007

File # "SBT—ST— 2010 1008§— Co2j] SAT—STA—20101008—00211 1820100031 Sirius XM Radio Inc. C Call Sign Grant Date_12/15/16 (or other identifier) Term Dates See Approved by OMB From_12/15/10 To: condifions 3060—0678 Date & Time Filed: Oct 8 2010 3:54:01:826PM onal Bureau Approved: /égfl/fi%m File Number: SAT—STA—20101008—0021 1 *# with condifions StC/WZY Bouyt==s4 Callsign: Chief) ) Seatellite blicy Brand 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 Bulk Extension of Special Temporary Authority to Operate Terrestrial Repeaters at Various Locations for 180 Days 1. Applicant Name: Sirius XM Radio Inc. Phone Number: 212—58§4—5100 DBA Name: Fax Number: 212—584—53523 Street: 1221 Avenue of the Americas E—Mail: 36th Floor City: New York State: NY Country: USA Zipcode: 10020 5 Attention: Patrick L. Donnelly

Application of Sirius XM Radio Inc. for Special Temporary Authority IBFS File No. SAT—STA—20101008—00211 Special temporary authority (STA) is granted to Sirius XM Radio Inc. (Sirius XM), for a period of 180 days, to continue to operate Satellite Digital Audio Radio Service (SDARS) terrestrial repeaters that were previously authorized to operate under multiple separate grants of special temporary authority, as listed in Sirius XM‘s application. This grant will not change the previously authorized technical parameters of the repeaters, each of which will operate with an effective isotropically radiated power of less than 12,000 watts (average) at various locations throughout the United States. 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 maynot 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 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. 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. Tile x SPT— STB— 201010608— 0621] Calt Sign Crant Date 12/15)60 4 (or other identifier) Term Dates tC |Z/\‘3/IO To: Cor\dlhons J%fl ?lfilua seuith condifions \e D’h Duall onof. StteMe 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). C Governmental Entity g% Noncommercial educational licensee { Other(please explain): 4b. Fee Classification CXW — Space Station (Non—Geostationary) 5. Type Request g4 Change Station Location & Extend Expiration Date g4 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 bulk extension of Special Temporary Authority (STA) grants listed in Exhibit A to operate multiple terrestrial repeaters at various locations across the United States for 180 days. Absent renewal, these STAs will expire on the dates listed in Exhibit A. 9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes «3 No to a denial of Federal beneffits 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.

RADIQING, 1500 Eckington Place, N.E, Washington, 0.C. 20002 Tat 202—380—4000 Fax: 202—380—4500 wwwsifus.com wwwxmradie.com October 8, 2010 Via IBFS Ms. Marlene H. Dortch, Sectetary Fedéral Communications Commission 445 12th Street, SW. Washington, D.C.—20554 Re: Sirius XM Radio Inc. Request for Bulk Extension of Special Temporary Authority to Operate Terrestrial Repeaters at Various Locations for 180 Days Dear Ms. Dortch: Pursuant to Section 25.120(b)(2)of the Commission‘s rules, 47 C.E.R. § 25.120(b)(2), Sirius XM Radio Inc. ("Sirius XM"), asatellite radio licensee inthe Satellite Digital Audio Radio Service {"SDARS"),, hereby requests extension of multiple grants of Special Temporary Authority ("STA"")to operate terrestrial repeaters. Sirinis XM requests extension of the STA grants listed in Exhibit A to operate these repeaters in the Sirius frequency band (2320— 2332.5MHz) at various locations across the United States, for a period of 180 days or until the Commission issues a blanket license for these repeaters pursuant to 47 C.F.R. § 25.144(e), whichever occurs first. Absent renewal, these STAs will expire on the dates indicated in Exhibit A.‘ The Commission‘s May 20, 2010 decision adopting formal rules for satellite radio terrestrial repeaters established mechanismsto facilitate the continued operation of repeaters under STA until the new rules were fully in effect, including directing the staff to provide a uniform expiration date for all such STAs: 1 Because this request is timely, pursuant to Section 1.62 of the Rules, the listed STAs will continue in effect without further action by the Commission until such time as the Commission shall make a final determination with respect tothis request. See 47 C.F.R. § 1.62.

Ms. Marlens H. Dortch October 8, 2010 Page2 In order to effect an ordetly transition from operations under grants of STA to permanent authority to operate terrestrial repeaters, weinstruct the International Bureau to extend all existing grants of STA for SDARS repeaters for a period of 180 days from the release date of this Second Report and Order.? The instant application asks that the Bureaugrant the bullk STA extension contemplated inthe May 20 Order." To farther the Commission‘s goals in the May 20 Order, Exhibit A lists not only Sirtus XM‘s repeater STAs that will expire in the next 180 days, but also several STAsthat are already the subject of other peniding extension applications. Incorporating the pending extension applications into the instant application will facilitate the STA process going forward by establishing a consistent expiration date for many of Sirius XM‘s repeater STA grants. Sirius XM currently operates these repeaters pursuant to multiple STAs grantedby the International Bureau between July 7. 2010 and September 15, 2010. Sitrius XM hasnot changed technical parameters for the repeaters since the original grants ofthe STAs and is not herein requesting modification of any of those parameters. Renewing these STAs will serve the public interest by assisting the Bureau to implement the Commission‘s directive inthe May 20 Order concerning STA extensions and will enable Sirius XM to continue to provide a quality signal to its subscribers at various lLocationsg#cross the United States. During the time the referenced STAs have been operating, Sirius XM has not been made aware of any incidents where the equipment has caused any interference to other radio services. None of these repeaters will exceed12 kw average EHIRP, which is the maximum power level the Commission permits in its new rules for satellite radio terrestrial repeaters." Amenidment of Part 27 of the Commission‘s Rules to Govern the Qperation of Wireless Communications Services in the. 2.3 GHz Band,; Establishment of Rules and Polices for the Digital Audio Radio Satellite—Service in the 23 10—2360 MHz Frequency Band, Report and Order and Second Report‘and Order, FCC 10—82, at Para. 264 {released May 20, 2010) (the "May 20 Order"). The May 20 Order also allows Sirius XM to request further 180 day extensions of this initial 180 day automatic extension "[i}n the event blanket licenses are not issued within 180 days of the effective date of this Order." I4., note 615. The Commission cannot grant these blanket licenses 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). * _A similar Requestfor Bulk STA Extensionis being filed for the terrestrial repeater STA grants issued to XM Radio Inc. * 47 CFR§25.214(d)(1). The Commission concluded in the May 20 Order "that SDARS terrestrial repeaters canoperate at an average EIRP of 12 low with maximum PAPR of 13 dB without causing harmful interference to WCS base station receivers." Id. at Para. 243.

Ms. Marlene H. Dortch October 8, 2010 Page3 Sirius XM will continue to comply with the conditions the Commission imposed in granting the referenced STAs to operate these repeaters. These conditions and the technical parameters of the repeaters have provided sufficient protectionto other radio services. Sitius XM is submitting paymentto the Federal Cormmunications Commission in the amount of Two Thousand Eight Hundred Sixty Dollars ($2860.00) «— the filing fee applicable to requests for STAs for non—geostationary ("NGSQ®) satellites." Pleasedirect any questions regarding this matter to the undersigned. Very truly yours, ce: Stephen Duall, FCC International Bureau Jay Whaley, FCC International Bureau Sankar Persaud, FCC International Bureau * See International and Satellite Services Fee Filing Guide (February 2009).

Exbhibit A Term/Expiration File Number Grant Date Date sAT—SsTA—20100611—00129* 77222010 mateoln SAT—STA—20100810—00126* g1412010 anfeorG SAT—STA—20100602—00119 ser2o10 tfigfggfi);cge SAT—STA—20100623—00143 8192010 Argcont SsAT—STA—20100623—00142*+ 872372010 Pageor1® SAT—STA—20100503—00091* 9112010 4merois sAT—STA—20100503—00092 smr20i0 Arartis SAT—STA—20081002—00197 9572010 orsnit sAT—STA—20100720—00163 gr912010 WBBDH SAT—STA—20100503—00090* _ Pending 151/’ggggfg*ff’ SAT—STA—20100907—00190" Pending sroaroro SAT—STA—20100928—00202* Pending f(’;?ggggfgfi SAT—STA—20100923—00201* Pending 39/;%22%1%33 * STA is also listed on a similar Request for Bulk Extension of Special Temporary Authority that is being filed for the terrestrial repeater STA grants issued to XM Radio Inc. This STA requests authority for one or more repeaters that operate in both the Siriug and XM frequency bands. ** Prior STA term


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