Attachment 1990Petition to Deny

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

IBFS_SATLOA1990051800036_1060592

2 umac cx old s se o f "tihs} q .r.‘."f‘u BEFORE THE Federal Communications Commission ~— o_ WASHINGTON, D.C. 20554 a In re Application of ) :% i ) SATELLITE CD RADIO, INC. ) File N. 49/50— ~~ * & 4 ) DSS—P/LA—90, 3 23 for a Digital Audio Radio ) 58/59—DSS—AMEND—90 Ai: 73 Service Satellite Systenm ) * P B gt c o . M e t 6 Q;, c ;s To: The Commission yY *J PETITION TO DENY 3 Aerospace & Flight Test Radio Coordinating Council ("AFTRCC") hereby petitions to deny the above—captioned application of Satellite CD Radio, Inc. ("CDR"). AFTRCC is an organization comprised of major entities engaged in the design, development, and production of aircraft, space vehicles, and their méjor components. Members of AFTRCC include in particular the major U.S. aerospace manufacturers listed in the attachment hereto. Given its members‘ role in the development, testing and production of aircraft and space vehicles, AFTRCC serves as the FCC—recognized advisory committee for coordination of the flight test telemetry frequencies shared by non—Government and Government users. AFTRCC works closely with its counterpart coordinators on the Government side in order to ensure prompt, efficient coordination of the referenced frequencies. Related to its day—to—day coordination activities is . AFTRCC‘s long and active involvement in spectrum management nige

issues. AFTRCC has been a Zrequent commentor in FCC rulemakings. Indeed, AFTRCC has initiated private sector efforts which led to the allocation of radio spectrum for flight test telemetry. This includes notably its 1957 initiative which led to the. allocation of the 1435—1535 MHz band for telemetry, the band which is the subject of CDR‘s proposal.l More recently, AFTRCC successfully petitioned for requlatory changes which eliminated potential handicaps to the global competitiveness of the nascent United States commercial space launch industry.2 In short, AFTRCC is uniquely positioned to comment on the implications of the CDR proposal for aircraft and missile testing and has standing to file this Petition. On August 20, 1990 AFTRCC filed an Opposition to CDR‘s companion Petition for Rulemaking (RM—7400). The points made there are equally applicable to CDR‘s Title III application. Accordingly AFTRCC hereby incorporates by reference its August 20 1/ Part 2 — Frequency Allocations and Radio Treaty Matters; General Rules and Requlations, F.R. Doc. 58—7571, Sept. 17, 1958 at 7177. . 2/ Amendment of the Frequency Allocation and Aviation Sservices Rules (Parts 2 and 87) to Provide Frequencies for Use by Commercial Space Launch Vehicles, 5 FCC Red 493 (1990).

filing. For the reasons stated therein CDR‘s application should be denied. + Respectfully submitted, AEROSPACE & FLIGHT TEST RADIO COORDINATING COUNCIL By: [/Aégzg?ytfl/%jézzzfiiéiim WILLIAM K. KEANE WINSTON & STRAWN 1400 L STREET, N.W. wWwASHINGTON, D.C. 20005 November 30, 1990 Its Counsel

AEROSPACE & FLIGHT TEST RADIO COORDINATING COUNCIL Members of AFTRCC include, among others, the following: Beech Aircraft Coziporation Bell Helicopter The Boeing Company E—Systems, Incorporated Electrocom, Inc./General Dynamics Garrett Aerospace Corporation ITT Gilfillan Lockheed Corporation LTV Aerospace & Defense Corp. Martin Marietta Corporation McDonnell Douglas Corporation Northrop Radio Services, Incorporated Rockwell International Corporation

CERTIFICATE OF SERVICE I, Jean B. Pratt, do hereby certify that true and correct copies of the attached "Petition to Deny" were served by First Class United States Mail, postage prepaid, this 30th day of November 1990, on the following: James G. Ennis, Esquire Fletcher, Heald, & Hildreth 1225 Connecticut Avenue, N.W. Ssuite 400 Washington, D.C. 20036 Counsel for Satellite CD Radio, Inc. Michael Yourshaw Wiley, Rein & Fielding 1776 K Street, N.W. Washington, D.C. 20006 Counsel for Satellite CD Radio, Inc. 4 u) Fri B. IJgan Pratt ll_ _


Document Created: 2014-09-09 11:21:41
Document Modified: 2014-09-09 11:21:41
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