Attachment Sirius XM - Grant No

Sirius XM - Grant No

DECISION submitted by IB,FCC

Grant

2011-11-02

This document pretains to SAT-STA-20110909-00175 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2011090900175_923981

           SAT—STA—20110909—00175         1B2011004223                        File # SRT— Sth— 20110409 — oo175
SIRIUS XM RADIO INC.

                                                                              Call Sign _             Grant Date_ 1t /02/1
                                                                              (or other identifier)   Ton Doicg Neeg            Approved by OMB
                                                                                                               alt.                   3060—0678
                                                                              From_ 09 /20 /1               To Cenditions

    Date & Time Filed: Sep 9 2011 11:50:42:716¥AM                mal Bureau | Approved:
    File Number: SAT—STA—20110909—00175                  #with conditions _                       Step                . Duall
    Callsign:                                                                                     Chief, Satellife Pticy 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 Blanket 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


                                      Attachment to Grant
                                     Sirius XM Radio Inc.
                           IBFS File No. SAT—STA—20110909—00175

Special temporary authority (STA) is granted to Sirius XM Radio Inc. (Sirius XM), for a period
of 180 days, commencing September 20, 2011, to continue to operate up to 1000 Satellite Digital
Audio Radio Service (SDARS) terrestrial repeaters on each of the Sirius XM and XM networks
in the 2320—2345 MHz frequency band. Each repeater is authorized to operate with an average
effective isotropically radiated power (EIRP) of between 2 watts and 12 kilowatts 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.

2. SDARS terrestrial repeaters shall operate at a power level less than or equal to 12 kW EIRP
   (average), with a maximum peak—to—average power ratio of 13 dB.

3. 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.

4. Sirius XM shall, before deploying any new, or modifying any existing, terrestrial repeater,
   notify potentially affected WCS licensees pursuant to the procedure set forth in Section
   25.263, as adopted in 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, WT Docket No. 07—293;
   B Docket No. 95—91, 25 FCC Red 11710 (2010), petitions for recon. pending.

5. 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.

6.   Operators of SDARS terrestrial repeaters are prohibited from using repeaters to retransmit
     different transmissions from a satellite to different regions within that satellite‘s coverage
     area.

7. The SDARS terrestrial repeaters must meet all applicable requirements in part 1, subpart I,
   and part 17 of the Commission‘s rules. Operators of SDARS terrestrial repeaters must
     maintain demonstrations of compliance with part 1, subpart I, of this chapter and make such
     demonstrations available to the Commission upon request within three business days.

8. The SDARS terrestrial repeaters must comply with all requirements of all applicable
   international agreements.

9. This STA expires after 180 days, or on the date that permanent authority to operate the
   covered repeater operations becomes effective, whichever occurs first.

10. Sirius XM is granted 30 days from the date of the release of this authorization to decline the


                                   Attachment to Grant
                                   Sirius XM Radio Inc.
                         IBFS File No. SAT—STA—20110909—00175

   authorization as conditioned. Failure to respond within that period will constitute formal
   acceptance of the authorization as conditioned.

11. 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 # SpBT—sin— 201169363 — 06178

                                            Call Sign                Grant Date_ t /02/1
                                            (or other identifier)
                                                                     Term Dates S€C<C
                                                                                   condifions
                                                                           To:
                    au
                     International Burcau   Approved:
                    »spuptth condition$s                                         . Duaill
                                                                    Chief, Satetlite %\icj 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:


   (If your application is related to an application filed with the Commission, enter either the file numberor the IB Submission ID of the related
application. Please enter only one.)
   3. Reference File Number SATSTA2011012800018 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
£3 Other(please explain):

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


g24 Change Station Location                        «) Extend Expiration Date                        gr4 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 extension of blanket special temporary authority to operate
     terrestrial repeaters at various locations for 180 days.                                   Absent renewal,          this STA will
     expire on September 19,              2011.




9. By checking Yes, the undersigned certifies that neither applicant nor any other party to the application is subject     @ Yeos          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:


          WILLEFUL 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).


ECC 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,
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Remember — You are not required to respond to a collection of information sponsored by the Federal government, and the government may not
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THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC L&AW 104—13, OCTOBER
1, 1995, 44 U.S.C. SECTION 3507.


(SirlusXM
                                                                                        Sirius XM Radio Inc.
       was      ma                     F*                                               1500 Eckington Place NE


                                                                                     I T: 202—380—1383
       SATELLITE RADIO                                                                  F: 202—380—4981
                                                                                     l sirlusxm.com


September 9, 2011

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 Extension of Blanket Special Temporary Authority to Operate
                     Terrestrial Repeaters at Various Locations for 180 Days
                     FCC File No. SAT—STA—20110128—00018

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"), the satellite radio licensee in the Satellite Digital Audio Radio
Service ("SDARS"), hereby requests extension of blanket Special Temporary Authority
("STA") to operate terrestrial repeaters. Sirius XM requests extension of the blanket STA listed
above to operate these repeaters in the Sirius frequency band (2320—2332.5 MHz) and the XM
frequency band (2332.5—2345 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
C.F.R. § 25.144(e), whichever occurs first. Absent renewal, this STA will expire on
September 19, 201 1.‘

The Commission‘s May 20, 2010 decision adopting rules for satellite radio terrestrial repeaters
established mechanisms to facilitate the continued operation of repeaters under STA until the
new rules are fully in effect." One of those procedures authorizes the Bureau "to continue to
grant STAs for new or modified repeaters ... [until] any permanent authorization to operate
SDARS repeaters becomes effective." See id., Para. 264. However, the Commission may not
implement the permanent licensing authority afforded by the 2010 Order until after it announces




    ‘ 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.
   >         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 "2010 Order").


Ms. Marlene H. Dortch
September 9, 2011
Page 2




the effective date of the new rules following their approval by the Office of Management and
Budget. No such announcement has yet been issued."

The instant application will further reduce administrative burdens and facilitate the construction
and use of terrestrial repeaters by authorizing the operation of all Sirius XM network repeaters
not covered by an existing STA, until such time as the Commission grants a blanket license for
Sirius XM repeaters pursuant to Section 25.144 of the Rules, 47 C.F.R. § 25.144. Each repeater
authorized under this STA will comply with the new repeater rules as adopted in the 2010 Order,
including the requirements of new Sections 25.202, 25.214, and 25.263 of the Rules, 47 C.F.R.
§§ 25.202, 25.214, and 25.263. This STA will not authorize operation of any repeaters that
would require "site—by—site" licensing under Section 25.144(e)(9), 47 C.F.R. § 25.144(e)(9).

Sirius XM has operated within the scope of this STA and is not herein requesting modification of
any of its parameters. Renewing this STA will serve the public interest by assisting the Bureau
to implement the Commission‘s directive in the 2010 Order concerning STA new or modified
repeaters and will enable Sirius XM to continue to provide a quality signal to its subscribers at
various locations across the United States. During the time Sirius XM has operated underthe
referenced STA, Sirius XM has not been made aware of any incidents where the equipment has
caused interference to other radio services.

Sirius XM will continue to comply with the conditions the Commission imposed in granting the
STA to operate the 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.*




    *   See 75 Fed. Reg. 45058, 45058 (Aug. 2, 2010).
    *   See International and Satellite Services Fee Filing Guide (February 2009).


Ms. Marlene H. Dortch
September 9, 2011
Page 3




Please direct any questions regarding this matter to the undersigned.


                                                     Very truly yours,


                                                      ford 8*—
                                                     James S. Blitz
                                                     Vice President, Regulatory Counsel


co:      Stephen Duall, FCC International Bureau
         Jay Whaley, FCC International Bureau
         Sankar Persaud, FCC International Bureau



Document Created: 2011-11-02 11:56:56
Document Modified: 2011-11-02 11:56:56

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