Attachment 1997Initiate contruc

This document pretains to SAT-LOA-19900518-00036 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA1990051800036_1060361

RECEIVED MAY — 6 1997 WILEY, REIN & FIELDING 2l Fedaral Communmflons Commission 1776 K STREET, N.W. Ofimfifsefif@fii'y WASHINGTON, D.C. 20006 (202) 429—7000 CARL R. FRANK FACSIMILE (202) 429—7 269 (202) 429—7049 May 6, 1997 . HAND William F. Caton Acting Secretary Federal Communications Commission 1919 M Street, NW. Washington, D.C. 20554 Re: Satellite CD Radio, Inc. Digital Audio Radio Satellite Service 49/50—DSS—P/L—90 58/59—DSS—AMEND—90 44/45—DSS—AMEND—92 Dear Mr. Caton: Satellite CD Radio, Inc. ("CD Radio"), through its counsel and pursuant to Section 25.113(f) of the Commission‘s Rules, herein notifies the Commission that CD Radio is planning to initiate construction at its own risk of space stations for its proposed satellite digital audio radio satellite system. CD Radio‘s space stations will be built by Loral Space & Communications Ltd., pursuant to an agreement entered into between the parties. Please direct any questions regarding this notification to the undersigned. Respectfully submitted, C’é%//4% Carl R. Frank

RECEIVED WOV — 9@%@ Before the FEDERAL COMMUNICATIONS COMMISSION repeqycouMmincanoscosson Washington, D.C. 20554 orriceor secREtAny In the Matter of No N) Nus! Nes N) N) SATELLITE CD RADIO, INC. File Nos. 49/50 DSS—P/ILA—90; | ; / |> 58/59—DSS—AMEND—90; Application for Digital Audio 44/45:DSS-AM D—92 Radio Service Satellite System SUPPLEMENTAL COMMENTS Satellite CD Radio, Inc. (CD Radio), hereby submits Supplemental Comments in this application regarding rules to allow for the non—mutually exclusive grant of the above—captioned application and multiple other licenses in the Satellite Digital Audio Radio Service ("SDARS").! In May of 1990, CD Radio filed its application and a petition for rulemaking to allocate spectrum and develop rules for SDARS. Over two years ago, the Commission issued a Notice of Proposed Rulemaking to allocate 50 MHz of spectrum in the S—band for provision of satellite— delivered DARS. Shortly thereafter, the agency announced a "cut—off" date to accept applications for processing at the same time as CD Radio‘s 1990 application." On December 15, 1992, five other applicants applied for SDARS licenses; two subsequently withdrew their applications, leaving a total of four applicants for the S—band spectrum. \ See the attached Motion for Acceptance of Supplemental Comments. > Digital Audio Radio Services, 7 F.C.C. Red 7776 (1992). ‘ Public Notice DA 92—1408 (Oct. 13, 1992).

Since that time, CD Radio has held discussions with the other three applicants for SDARS licenses. On November 17, 1993, after careful analysis, CD Radio and two of the other three applicants concluded that the four pending applications were not mutually exclusive and that all four applicants could be accommodated in the amount of spectrum proposed to be allocated on a proportional basis.*‘ The fourth applicant requested only 10 MHz in its application, less than a proportionate share of the proposed allocation, and thus can be accommodated in whatever spectrum plan ultimately is adopted. All four applicants later discussed with Commission staff their belief that frequency assignments could be made that avoid mutual exclusivity. Thereafter, the four applicants held further discussions focused on creating a set of service rules that clearly provided for equitable and efficient access to and use of the spectrum and provided a mechanism for the Commission to grant licensees for particular spectrum assignments. The applicants worked together cooperatively and in good faith, and CD Radio appreciates their efforts. Although several complete drafts were exchanged, and rules were agreed to by at least one other applicant, no final agreement on every rule was reached by all applicants. Given the public interest in beginning a process to license qualified SDARS applicants, and make any necessary changes in the Commission‘s rules, CD Radio hereby files proposed * Letter to Cecily Holiday from Richard E. Wiley, Douglas J. Mister, and Howard Liberman, dated November 17, 1993. * Letter to William F. Caton from Michael Yourshaw dated December 22, 1993.

service rules for the SDARS service. By this filing, CD Radio is speaking only for itself, not for any of the three other applicants. However, the attached rules reflect that —— to CD Radio‘s knowledge —— there continues to be no controversy over spectrum sharing, and thus no mutual exclusivity in the SDARS service. The enclosed rules represent CD Radio‘s understanding of what can be agreed to by all, consistent with CD Radio‘s understanding of Commission policy. While CD Radio‘s commitment to offer a subscription—based service is well known to the Commission, as a result of. discussions with the other applicants, the rules are silent on the subject of subscription—based and advertising supported service. CD Radio, however, reaffirms its commitment to provide subscription only service and its willingness to accept SDARS licensing rules with such limitation if the Commission believes this would best serve the public interest. Prompt action on service rules for the SDARS service will serve the public interest. CD Radio‘s application has now been on file for over four—and—one—half—years. The Commission‘s NPRM, and the applications of the three other parties are now approximately two years old. But, while U.S. SDARS plans have been on hold, other nations have been pressing forward: the Canadian—European Eureka 147 is in the final stages of standards setting, and has proposed to launch a SDARS satellite —— using European technology —— as soon as 1998." Without prompt _ action, the United States, which originally had technological and service leadership in providing digital audio via satellite, will now slip behind. CD Radio again notes that, in addition to promoting new technology, industrial growth and employment, SDARS will provide the listening ° Hormer, Exrope looks skyward to DAB, BROADCASTING AND CABLE 59 (Sept. 26, 1994).

public with improved programming diversity, especially in rural areas. Only by rapid issuance of proposed service rules, and the licensing of qualified applicants, can the United States hope to maintain its initiative. For the foregoing reasons, the Commission should use the attached rules and further inputs it may obtain to prepare a Further Notice of Proposed Rulemaking that would suggest service rules and a process of licensing pending applicants. Thereafter, the Commission should rapidly proceed to license and authorize qualified SDARS applicants to begin offering this valuable service to the American public. Respectfully submitted, Carl R. Frank of WILEY, REIN & FIELDING 1776 K Street, N.W. Washington, D.C. 20006 (202) 429—7000 November 9, 1994

Proposed Rules and Regulations 1. The Table of Contents for Part 25 is revised to read as follows: PART 25— SATELLITE COMMUNICATIONS Subpart A — General Sec. 25.101 Basis and scope. 25.102 Station authorization required. 25.103 Definitions. 25.104 Preemption of local zoning of earth stations. 25.105 — 25.108 [Reserved] 25.109 Cross—reference. Subpart B — Applications and Licenses 25.110 Filing of applications, fees, and number of copies. 25.111 Additional information. 25.112 Defective applications. 25.113 Construction permits. 25.114 Applications for space station authorizations. 25.115 Applications for earth station authorizations. 25.116 Amendments to applications. 25.117 Modification of station license. 25.118 Assignment or transfer of control of station authorization.

25.119 Application for special temporary authorization. 25.120 License term and renewals. EARTH STATIONS 25.130 Filing requirements for transmitting earth stations. 25.132 Verification of earth station antenna performance standards. 25.133 Period of construction; certification of commencement of operation. 25.134 Licensing provisions of very small aperture terminal (VSAT) networks. 25.135 Licensing provisions for earth station networks in the non—voice, non—geostationary mobile—satellite service. 25.136 Operating provisions for earth station networks in the 1.6/2.4 GHz mobile—satellite service. SPACE STATIONS 25.140 Qualifications of domestic fixed—satellite space station licensees. 25.141 Licensing provisions for the radiodetermination satellite service. 25.142 Licensing provisions for the non—voice, non—geostationary mobile—satellite service. 25.143 Licensing provisions for the 1.6/2.4 GHz mobile satellite service. 25.144 Licensing provisions for the 2.3 GHz satellite digital audio radio service.

PROCESSING OF APPLICATION®S 25.150 Receipt of applications. 25.151 Public notice period. 25.152 Dismissal and return of applications. 25.153 Repetitious applications. 25.154 Opposition to applications and other pleadings. 25.155 Mutually exclusive applications. 25.156 Consideration of applications. FORFEITURE, TERMINATION, AND REINSTATEMENT OF STATION AUTHORIZATION 25.160 Administrative sanctions. 25.161 Automatic termination of station authorization. 25.162 Cause for termination of interference protection. 25.163 Reinstatement. Subpart C — Technical Standards 25.201 Definitions. 25.202 Frequencies, frequency tolerance and emission limitations. 25.203 Choice of sites and frequencies. 25.204 Power limits. 25.205 Minimum angle of antenna elevation.

25.206 Station identification. 25.207 Cessation of emissions. 25.208 Power flux density limits. 25.209 Antenna performance standards. 25.210 Technical requirements for space stations in the Fixed—Satellite Service. 25.211 Video transmissions in the Domestic Fixed—Satellite Service. 25.212 Narrowband transmissions in the Fixed Satellite Service. 25.213 Inter—Service coordination requirements for the 1.6/2.4 GHz Mobile—Satellite Service. 25.251 Special requirements for coordination. 25.252 Maximum permissible interference power. 25.253 Determination of coordination distance for near great circle propagation mechanisms. 25.254 Computation of coordination distance contours for propagation modes associated with precipitation scatter. 25.255 Guidelines for performing interference analyses for near great circle propagation mechanisms. 25.256 Guidelines for performing interference analyses for precipitation scatter modes. [Reserved] Subpart D — Technical Operations 25.271 Control of transmitting stations. 25.272 General inter—system coordination procedures. 25.273 Duties regarding space communications transmissions.

25.274 Procedures to be followed in the event of interference. 25.275 Particulars of operation. 25.276 Points of communication. 25.277 Temporary fixed earth station operations. 25.278 Additional coordination obligation for non—geostationary and geostationary satellite systems in frequencies allocated to the Fixed—Satellite Service. Subpart E — Developmental Operations 25.279 > Inter—Satellite Service. 25.300 Developmental operation. 25.308 Automatic Transmitter Identification System (ATIS). Subparts F — G —— [Reserved] Subpart H — Authorization to Own Stock in the Communications Satellite Corporation 25.501 Scope of this subpart. 25.502 Definitions. 25.503 — 25.504 [Reserved] 25.505 Persons requiring authorization. 25.506 — 25.514 [Reserved] 25.515 Method of securing authorization. 25.516 — 25.519 [Reserved]

25.520 Contents of application. 25.521 Who may sign applications. 25.522 Full disclosures. 25.523 Form of application, number of copies, fees, etc. 25.524 [Reserved] 25.525 Action upon applications. 25.526 Amendments. 25.527 Defective applications. 25.528 — 25.529 [Reserved] 25.530 Scope of authorization. The authority citation for Part 25 continues to read as follows: AUTHORITY: Sections 101 — 404, 76 Stat. 419 — 427; 47 U.S.C. 701 — 744, Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interprets or applies Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303. 3. A new paragraph is added, in alphabetical order, to Sections 2.1 and 25.201 to read as follows: Satellite Digital Audio Radio Service ("SDARS"). A one—way radiocommunication system in which digital signals are transmitted by space stations and complementary terrestrial transmitters to fixed, mobile and transportable stations. 4. Section 25.114 is amended by revising paragraph (c)(18), to read as follows: § 25.114. Applications for space station authorizations. — * * *

(c) (18) Detailed information demonstrating the financial qualifications of the applicant to construct and launch the proposed satellites. Applications for domestic and mobile satellite systems shall provide the financial information required by §25.140(b)—(e) or §25.142(a)(4). Applications for SDARS systems shall provide the financial information required by §25.144(b)(3). Applications for international satellite systems authorized pursuant to Establishing of Satellite Systems Providing International Communications, 50 FR 42266 (October 18, 1985), 101 FCC 2d 1046 (1985), recon. 61 RR 2d 649 (1986), further recon. 1 FCC Red 439 (1986), shall provide the information required by that decision. 5. Section 25.120 is amended by adding paragraph (d)(3) as follows: §25.120 License term and renewals.— (d) Space stations. (3) For systems in the satellite digital audio radio service, the license term will begin at 3 a.m. EST on the date that the licensee certifies to the Commission that its system has successfully been placed in orbit and is ready to commence operations and it operations will fully conform to the terms and conditions of the SDARS system authorization. 6. A new Section 25.144 is added to read as follows: §25.144 Licensing provisions for the 2.3 GHz digital audio radio service. (a) Definitions. (1) "System." The term "system" means the constellation of one or more SDARS space stations and complementary terrestrial facilities that an individual applicant or licensee proposes to construct and operate. (2) "Usable bandwidth." The term "usable bandwidth" means that portion of the 2310—2360 MHz band that is usable by the SDARS licensees.

(3) "Frequency assignment." The term "frequency assignment" means a subsection of the usable bandwidth exclusively assigned to a single SDARS licensee. All frequency assignments are of equal bandwidth. (b) System application requirements: (1) Each application for a system authorization in the satellite digital audio radio service in the above—referenced bands shall describe in detail the proposed satellite digital audio radio system, setting forth all pertinent technical, legal, and financial qualifications of the applicant. Applicants must also file information demonstrating compliance with all requirements of this section. (2) Applicants for a satellite digital audio radio service system must identify the power flux density produced within its frequency assignment at the Earth‘s surface by each space station of their system to allow a determination of whether coordination with terrestrial services is required under international footnote 751B of §2.106 of the Commission‘s Rules. (3) Financial qualifications. (1) Each applicant for system authorization in the satellite digital audio radio service must demonstrate, on the basis of the documentation contained in its application that it is financially qualified to proceed with the construction, launch and operation of its proposed system in accordance with a schedule of milestones established at authorization. This showing shall include all information described in §25.104(c), (d) and (e) of this part. (ii) The SDARS milestones are as follows, based on the date of authorization: (A) One year: Complete contracting for construction of first space station or begin space station construction. (B) Two years: If applied for, complete contracting for construction of second space station or begin second space station construction. (C) Six years: In—orbit operation of at least one space station. (c) Permissible communications. Space stations in these bands are authorized to transmit to fixed, mobile, and transportable receivers. Complementary terrestrial stations

are authorized to repeat transmissions from SDARS space stations for reception by fixed, mobile, and transportable receivers. (d) Frequency assignment policies. (1) Each system authorized under this section will be conditioned upon construction, launch and operation milestones. The failure to meet any of the milestones contained in an authorization will result in its cancellation, unless such failure is due to circumstances beyond the operator‘s control. (2) Spectrum assignments will be made for each system as follows: i) All licensees are limited to the usable bandwidth in the 2310—2360 MHz band. (i1) The usable bandwidth will be divided into one frequency assignment for each licensed system from the initial processing group provided that there shall be a minimum of two frequency assignments. Should any initial system license be canceled, the number of frequency assignments shall be redetermined (with a minimum of two) and frequency assignment bandwidth shall be re— divided pro—rata. If the definition of usable bandwidth is changed, frequency assignment bandwidth shall be re—divided pro—rata. (ii1) Unless the licensees agree otherwise, each licensee shall be assigned the highest frequency assignment remaining available on the date of launch of its first spacecraft. Each licensee must notify the Commission of the specific frequency assignment it is using at the same time it certifies to the Commission it has met the milestone requiring launch of its first spacecraft. Frequency assignments assigned pursuant to this subsection are assigned on an exclusive basis. (iv) An SDARS system may temporarily occupy frequency assignments other than its own, provided its transmissions can be reconfigured to use only its own frequency assignment upon launch of other SDARS systems obtaining an assignment in a previously unused frequency assignment. Any such SDARS system temporarily using spectrum outside of its frequency assignment must terminate use of that spectrum immediately upon the successful launch of any SDARS satellite that becomes assigned to that frequency assignment. |

— 10 — (v) Each operational system may employ cross polarization within its frequency assignment and may transmit cross polarized emissions in other frequency assignments by mutual agreement of the licensee of those frequency assignments. (vi) Each system operator will reduce its bandwidth occupancy by 0.1 MHz to create two 0.2 MHz assignments adjacent to the edge of the usable bandwidth for location of telemetry beacons. (3) SDARS licensees may utilize any modulation technique. (e) Reporting requirements. All operators of satellite digital audio radio service systems shall, on June 30 of each year, file a report with the Common Carrier Bureau and the Commission‘s Laurel, Maryland field office containing the following information: (1) Status of space station construction and anticipated launch dates, including any major problems or delays encountered; (2) A listing of any non—scheduled space station outages for more than thirty minutes and the cause(s) of such outages; (3) Identification of any space stations not available for service or otherwise not performing to specifications, the cause(s) of these difficulties, and the date any space station was taken out of service or the malfunction identified. 7. Section 25.202 is amended by adding a new paragraph (a)(4), as follows: § 25.202. Frequencies, frequency tolerance and emission limitations. * * * (a) (4) The following frequencies are available for use by the satellite digital audio radio service: 2310—2360 MHz: Space—to—Earth (primary)

CERTIFICATE OF SERVICE I, Barbara A. Pomeroy, hereby certify that the foregoing Suplemental Comments of Satellite CD Radio, Inc. was mailed via first class, postage prepaid mail on November 9, 1994, to the persons on the attached list. — //M\ ~ L’\( Uy per k LA /.f,’?‘)o L.+ iifi Barbara A. Pomeroy / ~. Ed * By Hand Delivery

Bryan Kim Robert L. Johnstone New World Sky Media Director Strategic Marketing 553 South Street J Boats, Inc. Suite 312 30 Walnut Street Glendale, CA 91202 Newport, RI 02840 Peter J. Schaffer Ralph H. McBride Vice President President General Counsel Voice Broadcasting, Inc. All Pro Sports and Entertainment P. 0. Box 820 1999 Broadway Bridge City, TX 77611 Denver, CO 80202 Joseph N. Pelton, Director Bernard Korman University of Colorado at Boulder American Society of Composers Interdisciplinary Telecommunications Authors & Publishers Program ASCAP Building Engineering Center, OT 2—41 One Lincoln Plaza Campus Box 530 New York, NY 10023 Boulder, CO 80309—0530 Janice L. Stott Gary K. Noreen General Manager Chairman & CEO KVST Radio Radio Satellite Corporation 1212 S. Frazier 1167 North Holliston Ave. Conroe, TX 77301 Pasadena, CA 91109 Dr. Jack W. Mitchell Douglas A. Heydon Director President Wisconsin Public Radio Arianespace, Inc. 821 University Ave. 700 13th Street, NW Madison, WI 53706 Suite 230 Washington, DC 20005

Tim McDermott Craig C. Todd General Manager Senior Member of the KSBJ Technical Staff P. O. Box 187 Dolby Laboratories Humble, TX 77347 100 Potrero Ave. San Francisco, CA 94103 William K. Keane Howard F. Jaeckel Winston & Strawn John W. Zucker 1400 L Street, NW CBS, Inc. Washington, DC 20005 51 West S2nd Street New York, NY 10019 David E. Leibowitz Michael A. Menius Jennifer L. Bendall Director, Government Relations Recording Industry Association Common Carrier Programs of America, Inc. Motorola Government Relations Office 1020 19th Street, NW 1350 I Street, NW, Suite 400 Washington, DC 20036 Washington, DC 20005 William J. Potts, Jr. Neal T. Kilminster Haley, Bader & Potts World Systems Division 2000 M Street, NW Communications Satellite Corporation Washington, DC 20036 950 L‘Enfant Plaza, SW Washington, DC 20024 Len Schuchman W. Theodore Pierson, Jr. Senior Vice President Pierson & Tuttle Stanford Telecommunications, Inc. 1200 18th Street, N.W. 2421 Mission College Blyvd. Washington, DC 20036 Santa Clara, CA 95054

Howard M. Liberman Leslie A. Taylor Gerald Stevens—Kittner Leslie Taylor Associates Arter & Hadden 6800 Carlynn Court 1801 K Street, N.W. Bethesda, MD 20817—4302 _Suite 400 K Washington, D.C. 20006 Henry L. Baumann Theodore A. Miles Valerie Schulte 2025 M Street, NW National Association of Broadcasters Washington, DC 20036 1771 N Street, N.W. Washington, D.C. 20036 James B. Bailey Dr. Frank R. Arams Senior Design Engineer Vice President Techsonic Industries, Inc. LNR Communications 1 Hummingbird Lane 180 Marcus Blyvd. Lake Eufaula, AL 36027 Hauppauge, NY 11788 Rolfe Larson John E. Fiorini, III Director Gardner, Carton & Douglas Minnesota Public Radio 1301 K Street, NW 45 East Seventh Street Suite 900, East Tower Saint Paul, MN 55101 Washington, DC 20005 Bruce D. Jacobs John M. Seavey, President Clifford M. Harrington Seavey Engineering Associates, Inc. Glenn R. Flick 135 King Street Fisher, Wayland, Cooper & Cohasset, MA 02025 Leader 2001 Pennsylvania Ave., NW Suite 400 Washington, DC 20006

Paul E. Symezak Henry Geller 901 E Street, NW United Church of Christ Washington, DC 20004 1776 K Street, NW, Suite 203 Washington, DC 20006 Dr. Everett Parker David J. Del Beccaro Senior Research Associate Digital Cable Radio Fordham University 2200 Bayberry Road The Bronx, New York 10458 Hatboro, PA 19040 Charles Reutter Henry C. Rock, II ComStream Corporation The Right—Roc Group 104 East Bay View Drive 331 West 57th Street Annapolis, MD 21403 New York, NY 10019 Rollins Hudig Hall H. J. Masoni 13873 Park Center Road Manager, Advanced Programs Suite 201 Hughes Aircraft company Herndon, VA 22071 Space and Communications P. 0. Box 92919 Los Angeles, CA 90009 Lon Levin Steven A. Lerman American Mobile Satellite Corp. Sally A. Buckman 10802 Parkridge Blyvd. David S. Keir Reston, VA 22091 Leventhal, Senter & Lerman 2000 K Street, NW, Suite 600 Washington, DC 20006

Richard Smith* Thomas S. Tycz* Federal Communications Commission International Bureau Office of Engineering & Technology Federal Communications Commission 2025 M Street, N.W. 2025 M Street, NW, Room 6010 Room 7002 Washington, DC 20554 Washington, D.C. 20554 Scott Blake Harris*® Raymond LaForge* Chief Federal Communications Commission International Bureau Office of Engineering & Technology Federal Communications Commission 2025 M Street, N.W. 1919 M Street, NW, Room 658 Room 7334 Washington, DC 20554 Washington, D.C. 20554 Cecily C. Holiday* Fern J. Jarmulnek* Federal Communications Commission Federal Communications Commission International Bureau International Bureau 2025 M Street, N.W. 2025 M Street, N.W. Room 6324 Room 728 Washington, D.C. Washington, D.C. 20554 Rosalee Chiara* Federal Communications Commission International Bureau 2025 M Street, N.W. Room 6114 Washington, D.C. 20554


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