Federal Communications Commission FCC 08-176
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Sirius Satellite Radio Inc.
)
)
)
)
)
)
File Nos. EB-06-SE-250 and
EB-06-SE-386
Acct. No. 200832100061
FRN No. 0006345730
ORDER
Adopted: July 25, 2008 Released: August 5, 2008
By the Commission:  Chairman Martin and Commissioners Adelstein and Tate issuing separate 
statements.
1. In this Order, we adopt the attached Consent Decree entered into between the Federal 
Communications Commission (“Commission”) and Sirius Satellite Radio Inc. (“Sirius”).  The Consent 
Decree terminates investigations by the Commission into whether (a) certain radio receivers intended for 
use with Sirius' satellite radio service and marketed by or on behalf of Sirius were in compliance with 
Section 302(b) of the Communications Act of 1934, as amended, (the “Act”),1 and Parts 2 and 15 of the 
Commission’s rules;2 and (b) Sirius constructed and operated terrestrial repeaters without Commission 
authorization in violation of Section 25.120 of the Commission’s Rules.3
2. The Commission and Sirius have negotiated the terms of the Consent Decree that resolve 
these matters.  A copy of the Consent Decree is attached hereto and incorporated herein by reference.  
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree and terminating the 
investigations. We do not come to this conclusion easily.  The apparently intentional nature of some of 
the violations resolved by this Order and the Consent Decree and the apparent involvement of certain 
Sirius personnel in these violations are very troubling. Indeed, the ability and willingness to conform 
one’s conduct to the requirements of the Commission’s Rules are central to the qualifications of any 
Commission licensee.  We must balance our concern, however, against the public’s interest in the 
continued availability and viability of Sirius’ satellite radio service and the impact on the public and other 
licensees that Sirius’ violations precipitated.  These considerations, taken together with the rigorous 
oversight and reporting obligations and substantial voluntary contribution prescribed in this Order and the
Consent Decree, persuade us that settlement of these matters would best serve the public interest.
4.  In the absence of new material evidence relating to this matter, therefore, we conclude 
that our investigations raise no substantial or material questions of fact as to whether Sirius possesses the 
basic qualifications, including those related to character, to hold or obtain any Commission license or 
authorization.
  
1 47 U.S.C. § 302a(b).
2 47 C.F.R. § 2.1 et seq. and § 15.101 et seq.
3 47 C.F.R. § 25.120.
Federal Communications Commission FCC 08-176
2
5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act,4 the Consent 
Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigations ARE
TERMINATED.
7. IT IS FURTHER ORDERED that all third-party complaints against Sirius before the 
Commission related to the above-captioned-investigations as of the date of this Consent Decree ARE 
DISMISSED.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be 
sent by first class mail and certified mail, return receipt requested, to counsel for Sirius, Robert L. Pettit, 
Esq., Wiley Rein LLP, 1776 K St., NW, Washington, DC 20006. 
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
  
4 47 U.S.C. § 154(i).
Federal Communications Commission FCC 08-176
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Sirius Satellite Radio Inc.
)
)
)
)
)
)
File Nos. EB-06-SE-250 and
EB-06-SE-386
Acct. No. 200832100061
FRN No. 0006345730
CONSENT DECREE
The Federal Communications Commission (“Commission” or “FCC”) and Sirius Satellite Radio Inc. 
(“Sirius”), by their authorized representatives, hereby enter into this Consent Decree for the purpose of 
terminating the Commission’s investigations into whether (a) certain radio receivers intended for use with 
Sirius’ satellite radio service and marketed by or on behalf of Sirius were in compliance with Section 
302(b) of the Communications Act of 1934, as amended (the “Act”),1 and Parts 2 and Part 15 of the 
Commission’s rules2; and (b) Sirius constructed and operated terrestrial repeaters without Commission 
authorization in violation of Section 25.120 of the Rules.3
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Adopting Order” means an Order of the Commission adopting the terms of this 
Consent Decree, without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.  
(e) “Complaints” means third-party complaints that may have been received by, or are 
in the possession of, the Commission or Bureau alleging that certain radio receivers 
intended for use with Sirius’ satellite radio service and marketed by or on behalf of 
Sirius are not in compliance with Section 302(b) of the Act and Parts 2 and Part 15 
of the Rules, or that Sirius failed to comply in all respects with the special temporary 
authority to operate eleven of its terrestrial repeaters granted pursuant to Section 
25.120 of the Rules.
  
1 47 U.S.C. § 302a(b).
2 47 C.F.R. §§ 2.1 et seq. and 15.1 et seq.  
3 47 C.F.R. § 25.120.
Federal Communications Commission FCC 08-176
2
(f) “Compliance Plan” means the program described in this Consent Decree at 
paragraph 9.
(g) “Effective Date” means the date on which the Commission releases the Adopting 
Order.
(h) “FM-Out Switched Radios” means radio receivers bearing FCC ID Numbers 
NKRUPAKW001, O6ZS50-C1, NKRUPASY001, NKRUPAST201 and 
NKRUPARK001.
(i) “FM-Out Unswitched Radios” means radio receivers bearing FCC ID Numbers 
P3HXTR3, P3H-XTR3, P3HXTR3G3S, P3HCALYPSO, P3HKT-SR3000, 
P3HSV1, P3HSV1G3, P3HSV1G3S, P3HSPR1, P3HSPR1-1, P3HSP-R1-1 and 
P3HSP-R2.
(j) “Investigations” means (a) the investigation in File No. EB-06-SE-250 commenced 
by the Bureau’s June 20, 2006 Letter of Inquiry4 commenced by the Bureau in April 
2006 into the manufacture, authorization, importation, distribution and marketing of 
the Radio Receivers; and (b) the investigation in File No. EB-06-SE-386 
commenced by the Bureau relating to Sirius’ operation of its terrestrial repeaters.  
(k) “OET” means the Office of Engineering and Technology of the Federal 
Communications Commission.
(l) “Other Radios” means radio receivers bearing FCC ID Numbers NKRUPAUS007 
and NKRUPAUS002.
(m) “Parties” means Sirius and the Commission.
(n) “Radio Receivers” means all satellite radio receivers with built-in wireless FM 
modulators manufactured, sold or distributed for use with Sirius’ satellite radio 
service on or before the Effective Date under FCC ID Numbers NKRUPAKW001, 
O6ZS50-C1, NKRUPASY001, NKRUPAST201, NKRUPARK001, P3HXTR3, 
P3H-XTR3, P3HXTR3G3S, P3HCALYPSO, P3HKT-SR3000, P3HSV1, 
P3HSV1G3, P3HSV1G3S, P3HSPR1, P3HSPR1-1, P3HSP-R1-1, P3HSP-R2, 
NKRUPAUS007 and NKRUPAUS002.
(o) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
(p) “Sirius” means Sirius Satellite Radio Inc. and its predecessors-in-interest and 
successors-in-interest.
  
4 Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau, to Patrick L. 
Donnelly, Executive Vice President and General Counsel, Sirius Satellite Radio Inc. (June 20, 2006) (“June 20, 
2006 LOI”).
Federal Communications Commission FCC 08-176
3
II. BACKGROUND
2. Pursuant to Section 302(b) of the Act5 and Parts 2 and 15 of the Rules,6 certain radio 
frequency devices, including wireless FM modulators, must be authorized in accordance with the
processes set forth in the Rules and comply with all applicable technical standards and labeling 
requirements prior to importation into, or marketing in, the United States.  On June 20, 2006, the Bureau 
issued a Letter of Inquiry to Sirius in File No. EB-06-SE-250 initiating an investigation into the 
manufacture, authorization, importation, distribution, and marketing of certain radio receivers (with 
wireless FM modulators) intended for use with Sirius’ satellite radio service.7  
3. When the Commission adopted service rules for the Satellite Digital Audio Radio Service 
(“SDARS”), it recognized that some SDARS applicants intended to use terrestrial repeaters to improve 
reception of the service in “urban canyons” and other areas where it might be difficult to receive SDARS 
signals transmitted by satellite, and it sought comment on the rules that should be applicable to those 
repeaters.8 Pending adoption of permanent rules for terrestrial repeaters, the FCC has authorized 
repeaters through the grant of special temporary authority (“STA”) pursuant to Section 25.120 of the 
Rules.  Sirius filed an STA request on July 24, 2001, to begin commercial service using its terrestrial 
repeater network.  The STA request was granted on September 17, 2001, along with subsequent STA 
requests9 through October 2006, which were granted per the specifications in Sirius’ request.10 On 
October 13, 2006, Sirius informed Commission staff that eleven of these terrestrial repeaters had been 
operating at variance from their authorized specifications.  Sirius further informed the Commission that it 
had turned off these repeaters, and filed requests for STA to authorize each of the repeaters.11 The Bureau 
subsequently initiated an investigation in File No. EB-06-SE-386 into Sirius’ operation of its terrestrial 
repeaters.
III. TERMS OF AGREEMENT
4. Adopting Order.  The Parties agree that the provisions of this Consent Decree shall be 
subject to final approval by the Commission by incorporation of such provisions by reference in the 
Adopting Order without change, addition, modification, or deletion.
5. Jurisdiction.  Sirius agrees that the Commission has jurisdiction over it and the matters 
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
6. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the date on which the FCC releases the Adopting Order.  Upon release, the Adopting Order 
and this Consent Decree shall have the same force and effect as any other Order of the Commission.  Any 
  
5 47 U.S.C. 302a(b).
6 47 C.F.R. §§ 2.1 et seq. and 15.1 et seq.
7 See June 20, 2006 LOI.
8 Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency 
Band, Report and Order, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 12 FCC 
Rcd 5745, 5810 (1997).
9 See File Nos. SAT-STA20020312-00029, SAT-STA-20030827-00299, SAT-STA-20020827-0248, SAT-STA-
20020827-00162, SAT-STA-20020222-00028, SAT-STA-20031106-00370.
10 See File No. SAT-STA-20010724-00064 (granted September 17, 2001).
11 See File Nos. SAT-STA-20061013-00121 and SAT-STA-20061013-00122.
Federal Communications Commission FCC 08-176
4
violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation 
of a Commission Order, entitling the Commission to exercise any rights and remedies attendant to the 
enforcement of a Commission Order, including imposition of the maximum statutory forfeiture for any 
such violations.  Similar penalties shall be imposed for any violation of the underlying rules at issue in 
this proceeding.
7. Termination of Investigation.  In express reliance on the covenants and representations 
in this Consent Decree and to avoid further expenditure of public resources, the Commission agrees to 
terminate its investigations and dismiss the complaints.  In consideration for the termination of said 
investigations and dismissal of the complaints, Sirius agrees to the terms, conditions, and procedures 
contained herein.  The Commission further agrees that in the absence of new material evidence, the 
Commission will not use the facts developed in these investigations through the Effective Date of the 
Consent Decree, or the existence of this Consent Decree, to institute, on its own motion, any new 
proceeding, formal or informal, or take any action on its own motion against Sirius concerning the matters 
that were the subject of the investigations or with respect to Sirius’ basic qualifications, including its 
character qualifications, to be a Commission licensee or hold Commission authorizations, provided, 
however, that the Commission may consider the facts in this proceeding in any future proceeding 
involving violations by Sirius of the same rules at issue in this proceeding or involving misrepresentation 
or lack of candor by Sirius in its dealings with the Commission.
8. Terrestrial Repeaters.  The Commission, as of the Effective Date, shall grant Sirius’ 
request for STA to operate for a period of thirty (30) days12 those repeaters which varied slightly from 
what it was originally authorized to do listed in Attachment E.  Concurrently, the Commission shall place 
on public notice Sirius’ request for STA to operate for a period of 180 days those repeaters which varied 
slightly from what they were originally authorized to do listed in Attachment E.  With respect to those 
repeaters listed in Attachment F, Sirius may return these repeaters to operation provided that they are first 
brought into compliance with the specifications that were originally authorized.13 The pending requests 
filed by Sirius for STA to operate the repeaters listed in Attachment F for 30 days and, separately, to 
operate these repeaters for 180 days will be dismissed as of the Effective Date such that no repeaters in 
Attachment F shall be permitted to operate if they have not come into compliance.
9. Compliance Plan. For purposes of settling the matters set forth herein, Sirius agrees to 
implement a Compliance Plan related to future compliance with the Act, the Commission’s Rules, and the 
Commission’s Orders.  Sirius will submit a copy of the Compliance Plan to the Bureau by September 1,
2008.  The Plan will include, at a minimum, the following components: 
  
12 See SAT-STA-20061013-00122.  The conditions for all 30-day STA grants shall include but are not limited to:
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.
The issue concerning EIRP raised by the WCS Coalition will be addressed in that proceeding.
Operations prior to such action will be subject to condition 2 below.
2. Operation of all SDARS repeaters authorized pursuant to this STA is on a non-interference 
basis with respect to all permanently authorized radiocommunication facilities. The operator shall 
provide the information and follow the process set forth in paragraphs 14 and 17 in 16 FCC Rcd 
16773 (Int’l Bur. 2001) and 16 FCC Rcd 16781 (Int’l Bur. 2001), as modified by 16 FCC Rcd 
18481 (Int’l Bur. 2001) and 16 FCC Rcd 18484 (Int’l Bur. 2001).
13 See SAT-STA-20061013-00121.  These repeaters in Attachment F are a subset of the STA requests made by 
Sirius on October 13, 2006.  The same conditions noted above would apply to any 180-day STA, if granted.  
Federal Communications Commission FCC 08-176
5
(a) FCC Compliance Officer.  Sirius will hire an FCC Compliance Officer, who will be 
responsible for overseeing the FCC-related aspects of the company’s operations, ensuring 
Sirius' compliance with all FCC Rules, and serving as point of contact for Sirius 
management, employees, FCC staff, and the public with reference to Sirius' FCC regulatory 
compliance.  The FCC Compliance Officer will report directly to Sirius’ Senior Vice 
President, Internal Audit, who, in turn, will report to the Audit Committee of Sirius’ Board of 
Directors.
(b) Equipment Design and Certification. By September 1, 2008, Sirius will adopt a Procedural 
Guide for satellite radio receivers (“Procedural Guide”) establishing step-by-step procedures 
that Sirius employees must follow in connection with testing and obtaining FCC certification 
of any new radio receivers, as well as making any modifications to existing radio receivers 
where such changes may implicate FCC rules or certifications.  Sirius will submit a copy of 
the Procedural Guide to the Bureau within five days of its adoption.  In addition, Sirius will 
implement the following internal procedures related to equipment design and certification for 
radios intended to be sold at retail:  (i) the FCC Compliance Officer will have ultimate 
responsibility over FCC testing and certification; (ii) authority over the design and 
manufacture of Sirius radio receivers will be separated from authority over FCC testing and 
certification for those radio receivers; (iii) prior to commencing manufacturing of commercial 
quantities of any devices governed by FCC rules, the FCC Compliance Officer will be 
required to certify directly to Sirius’ Chief Executive Officer and General Counsel that such 
device has been designed to comply with those rules; and (iv) the FCC Compliance Officer
will supervise the audit of randomly selected radio receivers manufactured for retail 
distribution in order to help ensure the continued compliance of those devices with FCC 
rules.
(c) Modification of Vendor Agreements.  Sirius will ensure that all new agreements it enters 
into with vendors to manufacture radio receivers specifically require that such devices be 
manufactured in accordance with specifications provided or approved by Sirius and in 
compliance with applicable FCC rules. All existing agreements will be conformed to 
similarly ensure that devices are manufactured in accordance with specifications provided or 
approved by Sirius and in compliance with applicable FCC rules.
(d) Repeater Licensing and Modifications.  To ensure its compliance with FCC rules relating 
to its terrestrial repeaters, Sirius will adopt a Repeater Change Guide establishing procedures 
to be followed before any changes can be made to Sirius' terrestrial repeater network, 
including adding any new repeater sites or making changes to existing repeaters.  Sirius will 
submit a copy of the Repeater Change Guide to the Bureau by September 1, 2008.  Pursuant 
to the Repeater Change Guide, any construction or other changes to Sirius' repeater network 
must be approved in advance by Sirius' Senior Vice President, Engineering, and the FCC 
Compliance Officer.  If the FCC Compliance Officer determines that FCC approval is needed 
before a change is made, no construction or modification may be made until such FCC 
approval is received, and pursuant to the direction of Sirius’ Senior Vice President, 
Engineering, and the FCC Compliance Officer.
(e) Compliance Training Program.  Sirius will establish an FCC Compliance Training 
Program for all current employees who engage in activities subject to FCC regulation.  The 
training program will be developed and fully implemented no later than December 1, 2008.  
Sirius will conduct refresher training programs for relevant employees at least annually and 
will train relevant new employees within 90 days of their employment.
Federal Communications Commission FCC 08-176
6
10. Voluntary Contribution.  Sirius agrees that it will make a voluntary contribution to the 
United States Treasury in the amount of $2,200,000.  The payment will be made within thirty (30) days 
after the Effective Date.  The payment must be made by check or similar instrument, payable to the Order 
of the Federal Communications Commission.  The payment must include the Account Number and FRN 
Number referenced in the caption to the Adopting Order.  Payment by check or money order may be 
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment 
by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 
021030004, receiving bank TREAS/NYC, and account number 27000001.  For payment by credit card, 
an FCC Form 159 (Remittance Advice) must be submitted.  When completing the FCC Form 159, enter 
the Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block 
number 24A (payment type code). Sirius will also send electronic notification on the date said payment is 
made to Kathy Berthot at Kathy.Berthot@fcc.gov.
11. Waivers.  Sirius waives any and all rights it may have to seek administrative or judicial 
reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent 
Decree and the Order adopting this Consent Decree, provided the Commission issues an Order adopting 
the Consent Decree without change, addition, modification, or deletion.  Sirius shall retain the right to 
challenge Commission interpretation of this Consent Decree or any terms contained herein.  If either 
Party (or the United States on behalf of the Commission) brings a judicial action to enforce the terms of 
the Adopting Order, neither Sirius nor the Commission shall contest the validity of this Consent Decree or 
the Adopting Order, and Sirius shall waive any statutory right to a trial de novo.  Sirius hereby agrees to 
waive any claims it may otherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 
C.F.R. § 1.1501 et seq., relating to the matters addressed in this Consent Decree.
12. Radio Receivers.  The Commission will allow operation of the Radio Receivers that 
have been sold or distributed on or before the Effective Date.  With regard to these existing Radio 
Receivers, Sirius will undertake the following efforts: 
(a) With respect to potentially non-compliant Radio Receivers purchased by a consumer but 
activated after the Effective Date, Sirius will use reasonable efforts to identify such 
consumers, and shortly after such consumer contacts the company to activate such device, 
offer such consumer the choice, as appropriate, of:  (i) in the case of consumers using an FM-
Out Switched Radio, an “FM extender” device, which has been evaluated by the OET; (ii) in 
the case of consumers using an FM-Out Unswitched Radio, an “attenuator plug,” which has 
also been evaluated by the OET; (iii) a cassette tape adapter usable with potentially non-
compliant Radio Receivers; (iv) a direct audio connection cable; or (v) a coupon redeemable 
at no charge to the consumer for a directly connected antenna switchbox with professional 
installation.  Sirius will deliver to such consumers one of the above referenced solutions and a 
written communication to explain the benefits to consumers.  
(b) Within seven (7) business days of the Effective Date, Sirius will commence sending notices 
to, and make substantial progress towards notifying, by U.S. or electronic mail,14 all Sirius 
subscribers with Radio Receivers as of the Effective Date one of the notices described below.  
The notice will inform subscribers that the subscriber’s Radio Receiver may not be in 
compliance with FCC Rules and it may interfere with others’ FM radio reception.  The notice 
will direct subscribers to a website or a toll-free customer service number for further 
information.  
  
14 Electronic mail notices will be sent to all subscribers for whom Sirius has electronic mail addresses.  All other 
notices will be sent by U.S. mail, postage prepaid.
Federal Communications Commission FCC 08-176
7
(i) Sirius subscribers with an FM-Out Switched Radio will receive a notice in 
substantially the form included in Attachment A offering each subscriber the 
choice of:  (1) an “FM extender” device; (2) a cassette tape adapter usable with 
potentially non-compliant radio receivers; (3) a direct audio connection cable; or 
(4) a coupon redeemable at no charge to the subscriber for a directly connected 
antenna switchbox with professional installation;
(ii) Sirius subscribers with an FM-Out Unswitched Radio will receive a notice in 
substantially the form included in Attachment B offering each subscriber the 
choice of:  (1) an “attenuator plug”; (2) a cassette tape adapter usable with 
potentially non-compliant radio receivers; or (3) a direct audio connection cable; 
and,
(iii) Sirius subscribers with Other Radios will receive a notice in substantially the 
form included in Attachment C offering each subscriber the choice of:  (1) a 
cassette tape adapter usable with potentially non-compliant radio receivers; or (2) 
a direct audio connection cable.
Each such notice will also contain a hyperlink or an address to a website maintained by 
Sirius that allows subscribers to search for open FM frequencies by zip code.  Distribution to 
subscribers of these solutions will be effected based upon subscriber responses and will 
begin within five (5) business days following receipt by Sirius, or a third party retained by 
Sirius, of the solutions.
(c) Sirius will also provide such notices to subscribers via its website, subscriber newsletter and 
automated telephone response.
(d) Sirius will cause all non-compliant radio receivers returned by consumers for repair or 
warranty claims to be replaced with compliant devices.
(e) Within seven (7) business days of the Effective Date, Sirius will begin broadcasting an on-air 
notice regarding the Radio Receivers on a daily basis on high listenership news, talk and 
entertainment programming selected by Sirius.  Sirius will continue such on-air notices for 
three (3) months after the Effective Date.  The Commission shall have the option of 
extending the on-air notice requirement for three additional months by notifying Sirius in 
writing of the need for such an extension one week prior to the termination of the initial three 
month period.  The on-air notice shall contain in substantial form the information in 
Attachment D. 
13. Marketing of Radio Receivers.  Sirius agrees that every radio receiver that is marketed 
by Sirius in the United States on or after the Effective Date of this Consent Decree shall be designed to be 
compliant with Section 302(b) of the Act and Parts 2 and 15 of the Rules.
14. Compliance Reports.  Sirius will file compliance certifications and reports with the 
Commission as follows:
(a) Beginning on September 1, 2008, and continuing at three-month intervals thereafter until the 
expiration of this Consent Decree, Sirius shall provide a report detailing:
(i) to its knowledge, the total number of Radio Receivers that remain activated as of 
the most recent date on which that information is available to Sirius; 
Federal Communications Commission FCC 08-176
8
(ii) the status of its compliance efforts set forth in paragraph 12 and a certification 
that Sirius has provided the notices required in paragraph 12(b); and 
(iii) any changes in the technical parameters at which its terrestrial repeaters are 
operating.
(b) Each report shall include a compliance certificate from Sirius’ Senior Vice President, 
Engineering, as an agent of Sirius, stating that the officer has personal knowledge that Sirius
has established and implemented operating procedures intended to ensure compliance with 
this Consent Decree, together with an accompanying statement explaining the basis for the 
officer’s compliance certification.  All compliance reports shall be submitted to the Chief, 
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications 
Commission, 445 12th Street, S.W., Washington, D.C. 20554.  All reports shall also be 
submitted electronically to Kathy Berthot at Kathy.Berthot@fcc.gov.
15. Termination Date.  Except with respect to paragraph 9(e), the requirements of this 
Consent Decree will expire five (5) years after the Effective Date.
16. Severability. The Parties agree that if any of the provisions of the Adopting Order or 
this Consent Decree shall be invalid or unenforceable, such invalidity or unenforceability shall not 
invalidate or render unenforceable the entire Adopting Order or Consent Decree, but rather the entire 
Adopting Order or Consent Decree shall be construed as if not containing the particular invalid or 
unenforceable provision or provisions, and the rights and obligations of the Parties shall be construed and 
enforced accordingly.  In the event that this Consent Decree in its entirety is rendered invalid by any court 
of competent jurisdiction, it shall become null and void and may not be used in any manner in any legal 
proceeding.
17. Subsequent Rule or Order. The Parties agree that if any provision of this Consent 
Decree conflicts with any subsequent rule or Order adopted by the Commission (except an Order 
specifically intended to revise the terms of this Consent Decree to which Sirius does not expressly 
consent) that provision will be superseded by such Commission rule or Order.
18. Successors and Assigns.  Sirius agrees that the provisions of this Consent Decree shall 
be binding on its successors, assigns, and transferees.  
19. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties.  The Parties further agree that this Consent Decree does 
not constitute either an adjudication on the merits or a factual or legal finding or determination regarding 
any compliance or noncompliance with the requirements of the Act or the Commission’s Rules and 
Orders, provided, however, that the Commission may consider the facts in this proceeding in any future 
proceeding involving violations by Sirius of the same rules at issue in this proceeding or involving 
misrepresentation or lack of candor by Sirius in its dealings with the Commission.  The Parties agree that 
this Consent Decree is for settlement purposes only and that by agreeing to this Consent Decree, Sirius
does not admit or deny noncompliance, violation or liability for violating the Act or Rules in connection 
with the matters that are the subject of this Consent Decree.
20. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
21. Paragraph Headings. The headings of the Paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree.
Federal Communications Commission FCC 08-176
9
22. Authorized Representative.  Each party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
23. Counterparts. This Consent Decree may be signed in any number of counterparts 
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of 
which counterparts together shall constitute one and the same fully executed instrument.
________________________________
Marlene H. Dortch 
Secretary
Federal Communications Commission
________________________________
Date
________________________________
Patrick L. Donnelly
Executive Vice President, General Counsel and 
Secretary 
Sirius Satellite Radio Inc.
________________________________
Date
Federal Communications Commission FCC 08-176
10
ATTACHMENT A
[DATE], 2008
<Contact fname> <Contact lname>
<Title>
<Address1>
<Address2>
<City,> <State> <ZIP>
Dear <fname>:
Your Sirius radio contains an FM transmitter that allows it to operate wirelessly through your car FM 
radio.  We have determined that the output of this transmitter exceeds the limits established by the Federal 
Communications Commission (FCC).  As a result, the unit may interfere with the performance of radios 
operating in areas adjacent to your radio.  There are no health or safety concerns associated with this 
issue.
· If you listen to your Sirius radio wirelessly through your vehicle’s FM radio, then please review 
the solutions listed below and select the one that works best for you.  Sirius will provide you the 
best solution at no cost.
· If you use your Sirius radio only when docked in a boombox, or directly connected to your car 
radio or home stereo using audio cables or a cassette tape adapter, then no interference can occur 
and no further action is required, provided you have turned off your FM transmitter.  To turn off 
the FM transmitter, first press the MENU button.  Use the channel up/down buttons to highlight 
“FM Transmitter” and push the SELECT button.  Use the channel up/down buttons to highlight 
the “FM On/Off” menu item and then press the SELECT button.  Use the up/down buttons to 
highlight “FM Off” and press the SELECT button.  To exit the “FM On/Off” menu, press the 
MENU button.  Use the same procedure to turn off the FM transmitter if you use Solution 1 or 
Solution 2 below..
Solution 1 - Direct Wired Audio Connection:  If your vehicle radio has a “LINE IN” or “AUX IN” 
jack, you can use a stereo cable to connect directly to your Sirius radio.  This solution is the easiest to 
install and provides the best audio performance.  Many newer vehicles provide the required audio input 
jack.  It will normally be found on or near the front faceplate of your vehicle’s radio.
Federal Communications Commission FCC 08-176
11
Solution 2 - Cassette Tape Adapter: If your vehicle has a cassette tape player, you can use a cassette 
adapter that allows you to play your Sirius radio through the cassette portion of your vehicle radio.  The 
adapter slips into your vehicle radio as easily as a cassette tape and provides better performance than a 
wireless connection.
Solution 3 - FM Extender Cable Kit: An FM extender cable will provide a special transmitter antenna 
that allows you obtain the best audio performance through your vehicle’s FM radio.  This solution is easy 
to self-install, but does require that an easy-to-hide wire be run in your vehicle so the transmitter antenna 
can be placed in close proximity to your vehicle’s radio antenna.  Using this FM Extender Cable Kit, you 
will continue to use your Sirius radio exactly the same way as you do currently.
 
Solution 4 - FM Direct Adapter with Professional Installation: An FM Direct Adapter provides a 
wired connection between your SIRIUS radio and your vehicle’s radio.  You will continue to listen to 
your SIRIUS radio through the FM tuner of your car radio, but the FM Direct Adapter eliminates the 
outside static and interference you sometimes experience when using a wireless FM connection.  This 
solution usually requires professional installation.  We will provide a certificate redeemable for 
installation at an installation center in your area.
Please go to optimize.sirius.com and select the solution that works best for you.  <ADDITIONAL 
PROCESS DETAIL TO BE INSERTED HERE WHEN FINALIZED>  If you have any questions, 
please call <(###) ###-####>.  Detailed instructions will be included with your solution.
Federal Communications Commission FCC 08-176
12
You will improve the performance of your Sirius radio and reduce the potential for interfering with 
adjacent radios if you properly tune your FM transmitter.  Please see the enclosed FM Transmitter Set-Up 
Tips for more information.
We are sorry for this inconvenience.  We are confident these solutions will allow you to continue to enjoy 
the great music, news, sports and entertainment that only Sirius Satellite Radio can offer with no impact 
on your radio’s performance.
Sincerely,
SIRIUS SATELLITE RADIO
Federal Communications Commission FCC 08-176
13
ATTACHMENT C
[DATE], 2008
<Contact fname> <Contact lname>
<Title>
<Address1>
<Address2>
<City,> <State> <ZIP>
Dear <fname>:
Your Sirius radio contains an FM transmitter that allows it to operate wirelessly through your car FM 
radio.  We have determined that the output of this transmitter exceeds the limits established by the Federal 
Communications Commission (FCC).  As a result, the unit may interfere with the performance of radios 
operating in areas adjacent to your radio.  There are no health or safety concerns associated with this 
issue.
· If you listen to your Sirius radio wirelessly through your vehicle’s FM radio, then please review 
the solutions listed below and select the one that works best for you.  Sirius will provide you the 
best solution at no cost.
· If you use your Sirius radio only when docked in a boombox, or directly connected to your car 
radio or home stereo using audio cables or a cassette tape adapter, then no interference can occur 
and no further action is required, provided you have turned off your FM transmitter.  To turn off 
the FM transmitter, first press the MENU button.  Use the channel up/down buttons to highlight 
“FM Transmitter” and push the SELECT button.  Use the channel up/down buttons to highlight 
the “FM On/Off” menu item and then press the SELECT button.  Use the up/down buttons to 
highlight “FM Off” and press the SELECT button.  To exit the “FM On/Off” menu, press the 
MENU button.  Use the same procedure to turn off the FM transmitter if you use Solution 1 or 
Solution 2 below.
Solution 1 - Direct Wired Audio Connection:  If your vehicle radio has a “LINE IN” or “AUX IN” 
jack, you can use a stereo cable to connect directly to your Sirius radio.  This solution is the easiest to 
install and provides the best audio performance. Many newer vehicles provide the required audio input 
jack.  It will normally be found on or near the front faceplate of your vehicle’s radio.
Federal Communications Commission FCC 08-176
14
Solution 2 - Cassette Tape Adapter: If your vehicle has a cassette tape player, you can use a cassette 
adapter that allows you to play your Sirius radio through the cassette portion of your vehicle radio.  The 
adapter slips into your vehicle radio as easily as a cassette tape and provides better performance than a 
wireless connection.
Solution 3 – Attenuator Plug:  If your vehicle does not have an AUX IN or LINE IN jack, you can use a 
special plug from Sirius to be inserted into the FM OUT jack on your receiver.  The plug will reduce the 
signal radiated by the FM transmitter by an amount sufficient to reduce the potential for the receiver to 
cause interference to other receivers.
Please go to optimize.sirius.com and select the solution that works best for you.  <ADDITIONAL 
PROCESS DETAIL TO BE INSERTED HERE WHEN FINALIZED>  If you have any questions, 
please call <(###) ###-####>.  Detailed instructions will be included with your solution.
You will improve the performance of your Sirius radio and reduce the potential for interfering with 
adjacent radios if you properly tune your FM transmitter.  Please see the enclosed FM Transmitter Set-Up 
Tips for more information.
We are sorry for this inconvenience.  We are confident these solutions will allow you to continue to enjoy 
the great music, news, sports and entertainment that only Sirius Satellite Radio can offer with no impact 
on your radio’s performance.
Sincerely,
SIRIUS SATELLITE RADIO
Federal Communications Commission FCC 08-176
15
ATTACHMENT C
[DATE], 2008
<Contact fname> <Contact lname>
<Title>
<Address1>
<Address2>
<City,> <State> <ZIP>
Dear <fname>:
Your Sirius radio contains an FM transmitter that allows it to operate wirelessly through your car FM 
radio.  We have determined that the output of this transmitter exceeds the limits established by the Federal 
Communications Commission (FCC).  As a result, the unit may interfere with the performance of radios 
operating in areas adjacent to your radio.  There are no health or safety concerns associated with this 
issue.
· If you listen to your Sirius radio wirelessly through your vehicle’s FM radio, then please review 
the solutions listed below and select the one that works best for you.  Sirius will provide you the 
best solution at no cost.
· If you use your Sirius radio only when docked in a boombox, or directly connected to your car 
radio or home stereo using audio cables or a cassette tape adapter, then no interference can occur 
and no further action is required, provided you have turned off your FM transmitter.  To turn off 
the FM transmitter, first press the MENU button.  Use the channel up/down buttons to highlight 
“FM Transmitter” and push the SELECT button.  Use the channel up/down buttons to highlight 
the “FM On/Off” menu item and then press the SELECT button.  Use the up/down buttons to 
highlight “FM Off” and press the SELECT button.  To exit the “FM On/Off” menu, press the 
MENU button.  Use the same procedure to turn off the FM transmitter if you use Solution 1 or 
Solution 2 below.
Solution 1 - Direct Wired Audio Connection:  If your vehicle radio has a “LINE IN” or “AUX IN” 
jack, you can use a stereo cable to connect directly to your Sirius radio.  This solution is the easiest to 
install and provides the best audio performance.  Many newer vehicles provide the required audio input 
jack.  It will normally be found on or near the front faceplate of your vehicle’s radio.
Federal Communications Commission FCC 08-176
16
Solution 2 - Cassette Tape Adapter: If your vehicle has a cassette tape player, you can use a cassette 
adapter that allows you to play your Sirius radio through the cassette portion of your vehicle radio.  The 
adapter slips into your vehicle radio as easily as a cassette tape and provides better performance than a 
wireless connection.
Please go to optimize.sirius.com and select the solution that works best for you.  <ADDITIONAL 
PROCESS DETAIL TO BE INSERTED HERE WHEN FINALIZED>  If you have any questions, 
please call <(###) ###-####>.  Detailed instructions will be included with your solution.
You will improve the performance of your Sirius radio and reduce the potential for interfering with 
adjacent radios if you properly tune your FM transmitter.  Please see the enclosed FM Transmitter Set-Up 
Tips for more information.
We are sorry for this inconvenience.  We are confident these solutions will allow you to continue to enjoy 
the great music, news, sports and entertainment that only Sirius Satellite Radio can offer with no impact 
on your radio’s performance.
Sincerely,
SIRIUS SATELLITE RADIO
Federal Communications Commission FCC 08-176
17
ATTACHMENT D
(Queen-Bohemian Rhapsody) 
We want our Sirius to sound the best it can
How to do it? How to do it?
Should we do some hard wiring?
Static can be frightening, the buzz is terrifying here
Modulator? Or adapter?
Plug directly? What’s that clatter?
Let me knoooooow.. 
(Music under)
(ANN) SIRIUS WANTS TO HELP YOU GET THE CLEAREST SOUND OUT OF YOUR RADIO 
AND THE BEST WAY TO DO IT IS WITH A DIRECT CONNECTION.. GO TO SIRIUS DOT COM 
SLASH (xx) OR CALL 888-888-8888 AND SPEAK TO ONE OF OUR SIRIUS CUSTOMER 
REPRESENTATIVES FOR DETAILS ON MAKING THE BEST RADIO ON RADIO SOUND EVEN 
BETTER.
(I can see clearly now)
I can hear clearly now the static’s gone.. 
I can hear everything as clear as day
(ANN) SIRIUS WANTS TO HELP YOU GET THE CLEAREST SOUND OUT OF YOUR RADIO 
AND THE BEST WAY TO DO IT IS WITH A DIRECT CONNECTION.. GO TO SIRIUS DOT COM
SLASH (xx) OR CALL 888-888-8888 AND SPEAK TO ONE OF OUR SIRIUS CUSTOMER 
REPRESENTATIVES FOR DETAILS ON MAKING THE BEST RADIO ON RADIO SOUND EVEN 
BETTER.
Federal Communications Commission FCC 08-176
18
ATTACHMENT E
Location
1. Pebble Beach, CA
2. Wilmington, DE
Federal Communications Commission FCC 08-176
19
ATTACHMENT F
Location
1. Akron, OH
2. Atlanta, GA
3. Greensboro, NC
4. Harrisburg, PA
5. Knoxville, TN
6. Lansing /Detroit, MI
7. Monterey, CA
8. Orlando, FL
9. Philadelphia, PA 
Federal Communications Commission FCC 08-176
20
STATEMENT OF
CHAIRMAN KEVIN J. MARTIN
Re: Sirius Satellite Radio Inc.
Re: XM Radio, Inc.
The Commission has longstanding technical rules regarding the marketing of equipment, 
including FM modulators, and the construction and operation of terrestrial repeaters pursuant to Special 
Temporary Authority.  These rules serve important consumer protection and competitive goals.  As I have 
said before, the Commission takes a licensee's obligation to comply with our rules very seriously and will 
not tolerate non-compliance.
In order to resolve the Commission's investigation into whether these license holders were 
violating the Commission's technical requirements regarding FM modulators, as well as our rules 
regarding the construction and operation of terrestrial repeaters, the two companies have agreed to 
undertake significant corrective actions and implement various reforms to ensure future compliance with 
the Commission's rules.  They also have agreed to make significant contributions to the U.S. Treasury 
totaling nearly $19.6 million.
In reaching a conclusion to these investigations, the apparently intentional nature of some of the 
violations was troubling.  Indeed, the ability and willingness to conform one's conduct to the requirements 
of the Commission's rules are central to the qualifications of any Commission licensee.  On balance, 
however, the public's interest in the continued availability and viability of satellite radio services and the 
impact on the public and other licensees that the violations precipitated, taken together with the rigorous 
oversight and reporting obligations and substantial voluntary contribution, persuade me that settlement of 
these matters would best serve the public interest.
Through this strong enforcement action that we take today, the Commission has provided clear 
guidance to the licensees that we expect them to conform their conduct to the Commission's rules and 
sends a strong message that we will not tolerate non-compliance.  
Federal Communications Commission FCC 08-176
21
STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN
Re: Sirius Satellite Radio Inc.
Re: XM Radio, Inc.
Today, we approve one of the largest voluntary contributions ever agreed upon by the 
Commission for violations of Commission rules.  XM and Sirius have agreed to pay a total amount of 
$19.5 million for their intentional and repeated violations of rules intended to protect other licensees and 
the public.  The brazen nature of these violations indeed warrants this substantial monetary contribution 
and rigorous oversight and reporting obligations. 
It is my hope that the Commission will vigorously enforce all elements of today’s Order and 
Consent Decree, but history suggests otherwise.  In April and June 2006, the Commission launched an 
investigation into alleged noncompliant XM and Sirius satellite radio devices; and that fall, the 
Commission learned about widespread unauthorized use of terrestrial repeaters.  XM, for example, had 
constructed and was operating 479 unauthorized or variant repeaters.  In light of such unprecedented 
violations, it is stunning that the Commission was poised to approve the merger of XM and Sirius before 
resolving these enforcement matters.  It is inconceivable to me that we would even consider approving 
such a merger with such a large and serious number of outstanding violations unresolved.  That would 
have never crossed our minds if the transactions involved terrestrial broadcasters.  I commend my 
colleague, Commissioner Tate, for insisting that we conclude enforcement action prior to concluding the 
merger transaction.  
In the same vein, I am discouraged that the Commission has not yet decided the interference 
issues between the SDARS and Wireless Communications Service (“WCS”) in the 2.3 GHz band.  That 
these issues have been before the Commission for over a decade is completely unacceptable.  This 
enforcement action implicates a number of transmitters that are now operating with special temporary 
authority (STAs).  These STAs would no longer be necessary, and they could operate under regular 
authorization, if this matter were resolved.  It should have been done before or concurrent with this 
enforcement matter, and certainly before the merger was approved.  The longer we delay implementing 
rules governing the coexistence of SDARS and WCS, the longer we delay WCS rollout of critical 
wireless broadband services to rural, unserved and underserved areas.  It is not enough to talk about rural 
broadband deployment.   We need to do something about it.  Here, we are in fact standing in the way.  We 
need to act, and do so in a way which promotes broadband and protects listeners of satellite radio.  Today, 
I urge my colleagues to determine final technical rules so that WCS licensees can manufacture compliant 
equipment and devices.  
Federal Communications Commission FCC 08-176
22
STATEMENT OF
COMMISSIONER DEBORAH TAYLOR TATE
Re: Sirius Satellite Radio Inc.
Beginning in 1927 with its predecessor, one of the core purposes for the Federal Communications 
Commission was to ensure that licensees operate in accordance with technical specifications of their 
license.  Adherence to Commission authorizations ensures that all spectrum licensees can make efficient 
use of the bandwidth they have been allocated.  That is why I felt it imperative to resolve these 
outstanding enforcement issues before moving to consideration of this merger.
The licensee that is the subject of today’s voluntary forfeiture and consent decree failed to 
comply—knowingly and repeatedly—with the specifications for its FM modulators and the terms of its 
Special Temporary Authorizations (“STAs”) for more than five years.  I believe the Consent Decree we 
adopt today reflects the gravity of the violations, and the seriousness with which I view them.
Sirius has agreed to a voluntary contribution of $2,200,000 for operating terrestrial repeaters at 
variance from their specification, and authorizing non-compliant FM modulators.  In addition, Sirius has 
entered into a consent decree that mandates strict compliance with certifications, reporting requirements, 
and penalties associated with future violations.  Specifically, Sirius has agreed to the following:
? A Compliance Plan to remain in effect for five (5) years, requiring reporting every three (3) 
months- almost twice the FCC’s customary compliance plan period.
· Hire FCC Compliance Officer responsible for ensuring future compliance with Act and 
Commission rules;
· Adopt Procedural Guide establishing procedures for testing, certifying and making modifications 
to satellite radio receivers and Repeater Change Guide establishing procedures for making any 
changes to terrestrial repeater network;
· Conduct audits of randomly selected satellite radio receivers to ensure compliance;
· Establish an FCC Compliance Training Program for all employees who engage in activities 
subject to FCC regulation;
· Provide notices to subscribers offering various technical fixes to non-compliant radio receivers at 
no cost to subscriber via its website, subscriber newsletter and automated telephone response;
· Broadcast on-air notices to subscribers regarding non-compliant radio receivers;
· Replace non-compliant radio receivers returned by consumers for repair or warranty claims with 
compliant devices; and
· Submit periodic compliance reports to FCC. 
With regard to terrestrial repeaters, the Commission shall grant Sirius’ request for a Special 
Temporary Authority (“STA”) to operate for thirty days those repeaters which varied slightly from their 
original authorization.  Concurrently, the Commission shall place on public notice Sirius’ request for an 
STA to operate those repeaters for a period of 180 days. 
Administration of effective spectrum policy requires that licensees comply with Commission 
rules and that the Commission is vigilant in its oversight.  This will foster a level playing field for 
competition and encourage technological innovation.  The American public requires and deserves no less.