DOC106.PDF

REQUEST submitted by Sirius XM Radio Inc.

Sirius XM Request for Clarification

2009-02-19

This document pretains to SES-AMD-20080822-01086 for Amended Filing on a Satellite Earth Station filing.

IBFS_SESAMD2008082201086_696410

1776 K STREET NW February 19, 2009 WASHINGTON, DC 20006 PHONE —202.719.7000 FAX 202.719.7049 Marlene H. Dortch 7925 JONES BRANCH DRIVE McLEAN, VA 22102 Office of the Secretary PHONE 703.905.2800 Federal Communications Commission FAX 703.905.2820 445 12th Street, S.W. Washington, D.C. 20054 www.wileyrein.com Re: Sirius XM Radio Inc. Request for Clarification; Call Sign EO80168 File Nos. SES—LIC—20080714—00933, SES—AMD—20080822—01086 and SES—AMD—20090204—00145 Dear Ms. Dortch: Sirius XM Radio Inc. ("Sirius XM"), by its attorneys, requests clarification of the scope of the above—referenced authorization for a fixed earth station in Ellenwood, GA (call sign EO80168).‘ Specifically, Sirius XM seeks to confirm that the authorization permits use of the earth station‘s C—band antennas for back—up Telemetry, Tracking, and Commanding ("TT&C") of the in—orbit FM—1, —2, and —3 satellites pursuant to a waiver of Section 25.202(g) of the rules of the Federal Communications Commission ("FCC" or "Commission"). In its application, as amended, Sirius XM requested a waiver of Section 25.202(g) of the Commission‘s rules to allow the Ellenwood, GA earth station to provide back—up TT&C in the C—band for its three existing non—geostationary satellites." Sirius XM explained that grant of the waiver would serve the public interest by, inter alia, "ensuring safe satellite operations during periodic maintenance of Sirius XM‘s non—U.S. TT&C facilities."" Condition 197 ofthe earth station authorization granted on February 17, 2009 waives Section 25.202(g) to permit C—band use for "emergency on—station TT&C" subject to non—interference and notification | See File Number SES—LIC—20080714—00933 (granted Feb. 17, 2009); Public Notice, Report No. SES—O01114, Satellite Communications Service Information (released Feb. 18, 2009). 2 See IBFS File No. SES—AMD—20080822—01086 (filed Aug. 22, 2008). 3 Id. at Attachment D.

Marlene Dortch February 19, 2009 Page 2 procedures.4 The emergency use specified in this condition appears to be narrower than the back—up authority sought by Sirius XM. Accordingly, Sirius XM respectfully requests that the FCC clarify that the waiver of Section 25.202(g) includes use of the Ellenwood, GA earth station for back—up TT&C in the C—band as described in the amended application and is not limited to emergencies." Thank you for your time and attention to this matter. Sincerely, Jeifer D. Hindin Counsel for Sirius XM Radio Inc. ce: Robert Nelson Stephen Duall Scott Kotler 4 See Condition 197, File No. SES—LIC—20080714—00933, call sign EO80168. 5 One way this clarification could be accomplished is by striking the word "emergency" in the opening paragraph and sub—sections (a) and (b) of Condition 197. To the extent necessary to facilitate prompt clarification of this authorization, Sirius XM is willing to comply with the notification provisions ofsub—section (d) for both emergency and back—up use, which could be accomplished by striking the two occurrences of the word "emergency" in sub—section (d) as well.


Document Created: 2019-04-12 19:30:56
Document Modified: 2019-04-12 19:30:56
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