Attachment 1994Joint Parties Op

1994Joint Parties Op

OPPOSITION submitted by Joint Parties

Opposition

1994-11-25

This document pretains to SAT-AMD-19900801-00046 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD1990080100046_1080374

BEFORE THE RECEIVED Federal Communications CommissioMyyy ) 5 j99, WASHINGTON, D.C. 20554 FEDERALCOMMUNICATIONSCOMMISSION OFFICEOF SECRETARY In the Matter of SATELLITE CD RADIO, INC. File Nos. 49/50—DSS—P/LA—90 58/59—DSS—AMEND—90 Application for Digital Audio 44/45—DSS—AMEND—92 Radio Service Satellite System OPPOSITION TO SATELLITE CD RADIO, INC.‘s MOTION FOR ACCEPTANCE OF SUPPLEMENTAL COMMENTS Pursuant to Section 1.45 of the Commuission‘s Rules, the undersigned licensees and permittees of radio stations located in markets of Qaried size throughout the United States (hereinafter "Joint Parties"), hereby oppose the "Motion for Acceptance of Supplemental Comments" filed on November 9, 1994 by Satellite CD Radio, Inc. ("SCDR"). SCDR‘s attempt to file proposed service rules, in the form of "Supplemental Comments," in the above—captioned application proceeding is both audacious and inappropriate. Despite SCDR‘s assertion that it seeks to "ease the administrative burden of the Commission" (see SCDR Motion at 1), the agency is not yet bearing a load that SCDR could lighten. The SCDR filing is simply irrelevant to the SCDR application. The issues raised in the proposed "Supplemental Comments" might be appropriate for resolution in the context of a service rulemaking proceeding relating to what SCDR calls Satellite Digital Audio Radio Service ("SDARS"), should such a

—2_ proceeding be initiated. At this point, however, discussion of such a proceeding is premature and purely speculative, as spectrum has not even been allocated for "SDARS." Decisions made in any allocation order would likely have an impact upon issues addressed by SCDR, including the existence of mutual exclusivity, that differ from assumptions embodied in SCDR‘s proposed rules. Indeed, SCDR‘s self—serving proposal has not been agreed to by all of the other potentially mutually exclusive applicants to provide "SDARS," as SCDR itself admits. See SCDR Supplemental Comments at 2. SCDR is evidently attempting, in any way possible, to push the Commission into taking premature action concerning both the desirability of a satellite radio service and the potential grantability of SCDR‘s pending application (Le., the issue whether it is mutually exclusive with other pending applicants). As the Joint Parties have made clear in the past, however, there are many unresolved issues concerning whether "SDARS" should even be implemented and, if it is implemented, how this should be done.*‘ The ultimate existence of mutually exclusive applications, which is the central issue emphasized by SCDR in its filing, is thus a question that cannot be resolved until spectrum has been allocated for a service and service rules to govern the access of applicants to the allocated frequency bands have been adopted.fi/ */ See, e.g., Joint Parties‘ "Petition to Deny or Defer," FCC File Nos. 49/50—DSS— P/LA—90, 58/59—DSS—AMEND—90, and 44/45—DSS—AMEND—92, at 1—4 (filed November 13, 1992). **/ See Amendment of the Commission‘s Rules to Establish Rules and Policies Pertaining (continued...)

Accordingly, SCDR‘s motion should be denied and its Supplemental Comments rejected as immaterial. Respectfully submitted, SHAMROCK BROADCASTING, INC. KABL(AM), Oakland, California KNEW(AM), Oakland, California KABL—FM, San Francisco, California KSAN—FM, San Francisco, California KLAC(AM), Los Angeles, California KZLA—FM, Los Angeles, California WWWW(EM), Detroit, Michigan WDFN(AM), Detroit, Michigan KFAN(AM), Minneapolis, Minnesota KEEY—FM, St. Paul, Minnesota WHTZ(FM), Newark, New Jersey WFOX(FM), Gainesville (Atlanta), Georgia WWSW(AM and FM), Pittsburgh, Pennsylvania KRQT(FM), Lake Jackson (Houston), Texas KXKL(AM and FM), Denver, Colorado KMLE(FM), Chandler (Phoenix), Arizona CLARKE BROADCASTING CORPORATION WGAU(AM), Athens, Georgia WNGC(FM), Athens, Georgia KVML(AM), Sonora, California KZSQ(FM), Sonora, California CLASSICAL ACQUISITION LIMITED PARTNERSHIP (and affiliates) WTEM(AM), Bethesda, Maryland WBIG—FM, Washington, D.C. WGMS—FM, Washington, D.C. KQQL(FM), Anoka, Minnesota WBOB—FM, Minneapolis, Minnesota **"(...continued) to a Mobile—Satellite Service in the 1610—1626.5/2483.5—2500 MHz Frequency Bands, FCC 94—261, slip op. (released October 14, 1994) (wherein the issue of mutual exclusivity could not be resolved until after a Commission decision establishing service rules).

COAST RADIO, L.C. WMXC(FM), Mobile, Alabama WNTM(AM), Mobile, Alabama WCOA(AM), Pensacola, Florida WWRO(FM), Pensacola, Florida ECI LICENSE COMPANY, L.P. KITS(FM), San Francisco, California KLDE(FM), Houston, Texas KEGE(AM), Richfield, Minnesota WDSY(FM), Pittsburgh, Pennsylvania WEEP(AM), Pittsburgh, Pennsylvania WXRB(FM), Pittsburgh, Pennsylvania WKTK(FM), Crystal River (Gainesville), Florida WYUU(FM), Safety Harbor (Tampa), Florida KMTT(AM and FM) Tacoma, Washington EXCELSIOR COMMUNICATIONS®, INC. WRKA(FM), St. Matthews, (Louisville), Kentucky KMAP, INC. KWAC(AM), Bakersfield, California KIWI(FM), Bakersfield, California L.M. COMMUNICATIONS, INC. (and affiliates) WLXG(AM), Lexington, Kentucky WGKS(FM), Paris (Lexington), Kentucky WYBB(FM), Folly Beach (Charleston), South Carolina WCOZ(AM), St. Albans, West Virginia WKLC(FM), St. Albans, West Virginia LOS CEREZOS TELEVISION COMPANY WMDO(AM), Wheaton, Maryland RADIO TRIANGLE EAST COMPANY WSAY—FM, Rocky Mount, North Carolina RUSTON BROADCASTING CO., INC. KRUS(AM), Ruston, Louisiana KXKZ(FM), Ruston, Louisiana SOUTH FORK BROADCASTING CORP . WWHB(FM), Hampton Bays, New York VANTAGE COMMUNICATIONS, INC. KKCD—FM, Omaha, Nebraska

—5 . WRMT, INC. WRMT(AM), Rocky Mount, North Carolina s (a2LE Steven man / Sally A. Buckman Brian M. Madden David S. Keir Leventhal, Senter & Lerman 2000 K Street, N.W. Suite 600 Washington, D.C. 20006 (202) 429—8970 November 25, 1994 Their Attorneys

CERTIFICATE OF SERVICE I, David S. Keir, hereby certify that a true copy of the foregoing "Opposition to Satellite CD Radio‘s Motion for Acceptance of Supplemental Comments" was mailed, postage prepaid this 25th day of November, 1994 to: Richard M. Smith Federal Communications Commission Office of Engineering & Technology 2025 M Street, N.W., Room 7002 Washington, D.C. 20554 Scott Blake Harris Chief, International Bureau Federal Communications Commission 1919 M Street N.W., Room 658 Washington, D.C. 20554 Cecily C. Holiday Federal Communications Commission International Bureau 2025 M Street, N.W., Room 6324 Washington, D.C. 20554 Rosalee Chiara Federal Communications Commission International Bureau 2025 M Street, N.W., Room 6114 Washington, D.C. 20554 Thomas S. Tycz Federal Communications Commission International Bureau 2025 M Street, N.W., Room 6010 Washington, D.C. 20554 Fern J. Jarmulnek Federal Communications Commission International Bureau 2025 M Street, N.W., Room 6112 Washington, D.C. 20554 34617.1/112394/11:32

Richard E. Wiley Michael Yourshaw Carl R. Frank Wiley, Rein & Fielding 1776 K Street, N.W. Washington, D.C. 20006 Lon C. Levin, Esq. American Mobile Radio Corp. 10802 Parkridge Boulevard Reston, VA 22091 Bruce D. Jacobs, Esq. Scott R. Flick, Esq. Fisher, Wayland, Cooper, Leader & Zaragoza 2001 Pennsylvania Avenue, N.W. Suite 400 Washington, D.C. 20006 Counsel for American Mobile Radio Corp. wW. Theodore Pierson, Jr., Esq. Douglas J. Minster, Esq. Pierson & Tuttle Suite 607 1200 19th Street, N.W. Washington, D.C. 20036 Counsel for Digital Satellite Broadcasting Corporation Howard M. Liberman, Esq. Arter & Hadden 1801 K Street, N.W. Suite 400K Washington, D.C. 20006 Counsel for Primosphere, L.P. Leslie Taylor Leslie Taylor Associates 6800 Carlynn Court Bethesda, M 20817 Counsel for Primosphere, L.P. Henry L. Baumann, Esq. Valerie Schulte, Esq. National Association of Broadcasters 1771 N Street, N.W. Washington, D.C. 20036 34617.1/112394/11:32

John E. Fiorini, III, Esq. Gardner, Carton & Douglas 1301 K Street, N.W. Suite 900, East Washington, D.C. 20005 Counsel for Radio Operators Caucus A,.m Davgf/i/ Keir / 34617.1/112394/11:32


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