Attachment 1990Joint Parties Op

1990Joint Parties Op

OPPOSITION submitted by Joint Parties

Joint Opposition To Application

1990-11-30

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

IBFS_SATAMD1990080100046_1080449

fiECEIVED Federal Communications CommlssmnNgv 3 0 1990 WASHINGTON, D.C. 20554 Federal Communications Commission Office of the Secretary In the Matter of File Nos. 49/50—DSS—P/LA—90 58/59—DSS—AMEND—90 Application of Satellite CD Radio, Inc. To Construct, Launch and RECEIVED ‘peg 3400 Operate a Digital Audio Radio Service Satellite System ies Division Domestit Facilities Satellite Radio Branch To:r: Chief, Common Carrier Bureau JOINT OPPOSITION TO APPLICATION OF SATELLITE CD RADIO, INC. The undersigned licensees and permittees of radio stations located in markets of varied size throughout the United States (hereinafter "Joint Parties"), by their attorneys, hereby oppose the above—referenced application filed by Satellite CD Radilo, Inc. ("CD Radio") for authority to construct, launch and operate a Gdigital audio radio satellite system. This opposition is filed pursuant to the Commission‘s Public Notice [DA 90—1462], released October 19, 1990 ("Public Notice"). In addition to its Domestic Satellite application, CD Radio has filed a Petition for Rule Making (RM—7400) ("Petition") requesting the Commission to allocate 70 MHz of scarce and highly valuable electromagnetic spectrum, on a primary basis, for the purpose of broadcasting satellite radio

~programming. Responding to petitions filed by CD Radio and other parties seeking authority to initiate digital audio broadcast services ("DAB"), the Commission subsequently released a Notice of Inquiry, Amendment of the Commission‘s Rules with Regard to the Establishment and Requlation of New Digital Audio Services, FCC 90—281 (released August 21, 1990) —{GEN Docket No. 90—357) ("NOI"), seeking comment on the development and implementation of DAB generally. More than one hundred and twenty comments, representing an even larger number of interested parties from various segments of the telecommunications industry, were received by the Commission in response to the NOI. The comments submitted in the NOI raise many significant issues ranging from the copyright ramifications of DAB to the impact of any new or expanded service on the Commission‘s policies regarding Giversity of ownership of broadcast facilities. Joint Parties filed comments responding to several of the questions raised in the NOI, demonstrating that a satellite—based, nationally—oriented digital radio system such as that proposed by CD Radio would be inconsistent both with the Commission‘s recent efforts to upgrade and revitalize current radio service and with the agency‘s historic commitment to the concept of local broadcasting, a touchstone Commission policy that has produced a breadth and quality of radio service unmatched in the world. In addition, Joint Parties filed comments with respect to CD Radio‘s Petition

—raising other significant issues, including the lack of a d@emonstrated need or demand for a satellite DAB service, the press of spectrum demands from various quarters, the substantial economic costs that such a service would entail, and myriad regulatory and technical questions that remain largely unanswered, but which are being focused upon increasingly as technological developments relevant to DAB continually unfold, seemingly on a daily basis. Joint Parties respectfully request that their comments with respect to the NOI and CD Radio‘s Petition be incorporated in this proceeding by reference. As the Commission asserted in its Public Notice, the appropriate course to pursue on the CD Radio application will be directly affected by the disposition of the Petition as well as any action taken pursuant to the NOI. Thus, processing CD Radio‘s application at this time would be premature, squandering both time and precious administrative resources. The significant, fundamental issues raised by CD Radio‘s Petition and the NOI should be resolved before CD Radio or any other DAB proponent is authorized to construct and deploy costly satellite facilities and, effectively, to reserve spectrum space for a service that may never be initiated. Accordingly, the Joint Parties respectfully request that the Commission suspend consideration of CD Radio‘s application pending resolution of the Petition and the NOI.

Respectfully submitted, SHAMROCK BROADCASTING, INC. {and subsidiaries) KABL(AM), Oakland, California KABL—FM, San Francisco, California KMGC(FM), Dallas, Texas KUDL(FM), Kansas City, Kansas WHB(AM), Kansas City, Missouri KXRX(FM), Seattle, Washington WCXI(AM), Detroit, Michigan WWWW(FM), Detroit, Michigan wWFOX(FM), Gainesville (Atlanta), Georgia WWSW(AM and FM), Pittsburgh, Pennsylvania KZFX(FM), Lake Jackson (Houston), Texas KXKL(AM and FM), Denver, Colorado KMLE(FM), Chandler (Phoenix), Arizona BAHIA RADIO, INC. KLOK(AM), San Jose, California CAPITOL BROADCASTING CORPORATION (and subsidiaries) WGFX(FM), Gallatin (Nashville), Tennessee wWCAW(AM), Charleston, West Virginia wWVAF(FM), Charleston, West Virginia WRKA(FM), St. Matthews, (Louisville), Kentucky WKSJ—FM, Mobile, Alabama wWKSJ(AM), Prichard (Mobile), Alabama CLARKE BROADCASTING CORPORATION WGAU(AM), Athens, Georgia wWNGC(FM), Athens, Georgia KVML(AM), Sonora, California ~KZSQ(FM), Sonora, California COMMUNITY MEDIA, INC. KWYO(AM), Sheridan, Wyoming KLWD(FM), Sheridan, Wyoming GARAMELLA BROADCASTING COMPANY and MONDAY MEDIA, INC. KBJJ(FM), Marshall, Minnesota KSCR(AM and FM), Benson, Minnesota KJJG(FM), Spencer, Iowa KXLV(FM), Cambridge, Minnesota WXCE(AM), Amery, Wisconsin

KIRKWOOD BROADCASTING, INC. KTWB(FM), Sioux Falls, South Dakota KMAP, INC. KWAC(AM), Bakersfield, California KIWI(FM), Bakersfield, California KRZI, Inc. KRZI(AM), Waco, Texas KEYR(FM), Marlin, Texas LAKELAND BROADCASTING, INC. WMYM(AM), Minocqua, Wisconsin wWWMH(FM), Minocqua, Wisconsin L.M. COMMUNICATIONS, INC. (and affiliates) WLXG(AM), Lexington, Kentucky wWCOZ(FM), Paris (Lexington), Kentucky wWYBB(FM), Folly Beach (Charleston), South Carolina LOS CEREZOS TELEVISION COMPANY wWMDO(AM), Wheaton, Maryland MOOSEY COMMUNICATIONS, INC. KTIE(FM), Bakersfielad, California OvVATION BROADCASTING CO. KNTS(AM), Abilene, Texas KFQX—FM, Merkel (Abilene), Texas RADIO AMERICA, INC. KBRG(FM), Fremont, California RADIO STATION WDXN(AM), Clarksville, Tennessee RADIO TRIANGLE EAST COMPANY WSAY—FM, Rocky Mount, North Carolina RUSTON BROADCASTING CO., INC. KRUS(AM), Ruston, Louisiana KXKZ(FM), Ruston, Louisiana SsOUTH FORK BROADCASTING CORP. wWWHB(FM), Hampton Bays, New York VANTAGE COMMUNICATIONS, INC. KKVU—FM, Omaha, Nebraska wWKRG—TV, INC. wWKRG(AM and FM), Mobile, Alabama wWRMT, INC. WRMT(AM), Rocky Mount, North Carolina m ven/A. Lerman

setly . freck— Sallg:kf Buckman David S. Kei LEVENTHAL, SENTER & LERMAN 2000 K Street, N.W. Suite 600 Washington, DC 20006—1809 (202) 429—8970 November 30, 1990 Their Attorneys

CERTIFICATE OF SERVICE I, Marion E. McDougal, hereby certify that a true copy of the foregoing Joint Opposition to Application of Satellite CD Radio, Inc. was mailed, first class postage paid, this 30th day of November, 1990, to: Peter J. Dolan President Satellite CD Radio, Inc. 800 K Street, N.W. Suite 750 Washington, D.C. 20001 *Thomas P. Stanley Chief Engineer Office of Engineering and Technology Federal Communications Commission 2025 M Street, N.W. Room 7002 Washington, D.C. 20037 *Bruce A. Franca Deputy Chief Engineer Office of Engineering and Technology Federal Communications Commission 2025 M Street, N.W. Room 7002 Washington, D.C. 20037 Marion E. McDougal * Hand Delivery


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