Attachment Sirius XM - Grant ma

Sirius XM - Grant ma

DECISION submitted by IB,FCC

Grant

2011-05-11

This document pretains to SAT-STA-20110303-00047 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011030300047_888904

                                                                                                 File#_SBT— Sib — 2011 6303— 60647
             SAT—STA—20110303—00047        1B2011000669
Sirius XM Radio Inc.
                                                                                                 Call Sign               Grant Date_C5/\ /1
                                                                                                 (or other identifier)                 ttaf
                                                          |                   »                                          Term Dates F;‘Cg\cfijs    Approved by OMB
                                                          |         Ts    R                      From 03/'5/”                  To: (Ste condiflahs)     3060—0678

 Date & Time Filed: Mar 3 2011        5:40:38:526PM       | .A_]‘:‘(L:H‘:&lififlllll B.UI'CEXU   | ApprOVCd:          ’M/¢ QM

 File Number: SAT—STA—20110303—00047                          * with condctio6                                       5*6?“36/5- Duall .
 Callsign:                                                                                                            Chief, Satellite Policy Brarch

                                            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—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


                Application of Sirius XM Radio Inc. for Special Temporary Authority
                              IBFS File No. SAT—STA—20110303—00047

Special temporary authority (STA) is granted to Sirius XM Radio Inc. (Sirius XM), for a period of 180
days commencing March 15, 2011, to continue to operate Satellite Digital Audio Radio Service (SDARS)
terrestrial repeaters that were previously authorized to operate in the 2320—2332.5 MHz frequency band
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 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 PublicNotlce announcmg this actlon
                                                          File # EDT~sin—201 0303' 000%7

                                                          Call Sign               Grant Date os/u'/il
                                                          (or other identifier)
                                                                                  Term Dates ?%Q%QO‘:
                                                          l’romm                       L&‘jlf‘_ow‘s)

                                                          Approved:               %40/4&4%
                                  secoih condifion$s—                         ste           Duall
                                                                             C hieP S o”d? Palica Rranch


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).
£4 Governmental Entity       ¢*% Noncommercial educational licensee
«4 Other(please explain):

4b. Fee Classification    CXW — Space Station (Non—Geostationary)
5. Type Request

g74 Change Station Location                        ) Extend Expiration Date                          g3 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
     to operate multiple terrestrial repeaters at various locations across the United States
     for 180 days. Absent renewal,                  these STAs will expire on March 14,                      2011.




9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject @ Yes               «74 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
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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 LaAW 104—13, OCTOBER
1, 1995, 44 U.S.C. SECTION 3507.


                 RADIO INC.
1500 Eckington Place, N.E
Washington, D.C. 20002
Tel: 202—380—4000
Fax: 202—380—4500
wiwwy.simus.com eay.xmradio.com



March 2, 2011

Via IBFS
Ms. Marlene H. Dortch, Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

       Re:      Sirfus XM Radio Inc.
                Request for Bulk Extension of Special Temporary Authority to Operate
                Terrestrial Repeaters at Various Locations for 180 Days
                FCC File Nos. SAT—STA—20050301—00053; SAT—STA—20070710—00097; SAT—
                STA—20081020—00206; SAT—STA—20040623—00119; SAT—STA—20040623—
                00122; SAT—STA—20020312—00048; SAT—STA—20031219—00369

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. ("Sitius XM"), a satellite radio licensee in the Satellite Digital Audio Radio
Service ("SDARS"), hereby requests extension of the ten above—referenced grants of Special
Temporary Authority ("STA") to operate terrestrial repeaters.‘ Sirius XM requests extension of

    _ The Commission‘s order adopting rules for satellite radio terrestrial repeaters authorized
the International Bureau "to continue to grant STAs for newor modified repeaters ... {until] any
permanent authorization to operate SDARS repeaters becomes effective." 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, 25 FCC Red 11710, at Para. 264 (2010) (the "May 20 Order"). The Commission maynot
grant these blanket licenses until after the newrules have been approved by the Office of
Management and Budget, which has not yet occurred. See 75 Fed. Reg. 45058, 45058 (Aug. 2,
2010); 76 Fed. Reg. 3892 (Jan. 21, 2011) (requesting public comment on the Part 25 information
collection requirements.


Ms. Marlene H. Dortch
March 2, 2011
Page 2


these STA grants to operate repeatets in the Sirius XM frequency band (2320—2332.5 MHz) 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 CF.R. §25.144(e), whichever occurs
first. Absent renewal, each of these STAs will expire on March 14, 2011 2

The May 20 Order established mechanisms to facilitate the continued operation ofrepeaters
under STA until the new rules were fully in effect, including directing the Bureau to provide a
uniformexpiration date for all such STAs:

       In order to effect an orderly transition from operations under grants of STAto
       permanent authority to operate terrestrial repeaters, we instruct 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 a bulk STA extension for the seven STA
authorizations identified above. Sirius XM is currently authorized to operate these repeaters
pursuant to multiple STAs granted by the International Bureau on September 15, 2010. Sirius
XM has not 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 Bureauto implement the Commission‘s directive in the
May 20 Order concerning STA extensions andwill enable Sirius XM to continue to provide a
quality signal to its subscribers at various locations across the United States.

During the time since the referenced STAs were granted, Sirius XMhas not been made aware of
any incidents where its equipment has caused interference to other radio services. None ofthese
repeaters exceed12 kwaverage EIRP, which is the maximum powerlevel the Commission
permits in its new rules for satellite radio terrestrial repeaters."




       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 to this request. See 47 C.F.R. § 1.62. A similar
Request for Bulk STA Extension is being filed for the terrestrial repeater STA grants issued the
same day to XMRadio Inc.
    °_ May 20 Order, at Para. 264. 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.
   10  47 CFER. §25.214(d)(1). The Commission concluded in the May 20 Order "that
SDARS terrestrial repeaters can operate at an average EIRP of 12 kw with maximumPAPR of
13 dB without causing harmful interférence to WCS base station receivers." Id. at Para. 243.


Ms. Marlene H. Dortch
March 2, 2011
Page 3


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 protection to other radio services.

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.


                                                     Very truily yours,




                                                      ames 5. Blitz
                                                     Vice Presidem, Regulatory Counsel


coi      Stephen Duail, FCC International Bureau
         Jay Whatey, FCC International Bureau
         Sankar Persaud, FCC International Bureau




         See International and Satellite Services Fee Filing Guide (February 2009).



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Document Modified: 2019-04-13 18:20:11

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