Attachment letter

letter

LETTER submitted by WCS Coalition

letter

2007-05-01

This document pretains to SAT-LOA-20060901-00096 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2006090100096_571949

* \ Wwitkinson ) BARKER) KNAUER ) LLP 2300 N streer, NW suite 700 wasHincton, DC 20037 TEL 202.783.4141 FAX 202.783.5851 w w w . w b klaw. c o m Paur J. SinpersRranp psinderbrand@wbklaw.com May 1, 2007 Helen Domenici Chief, International Bureau Federal Communications Commission Washington, DC 20554 Fred Campbell Chief, Wireless Telecommunications Bureau Federal Communications Commission Washington, DC 20554 Re: Establishment ofRules and Policies for the Satellite Digital Audio Radio Service in the 2310—2360 MHz Band — IB Docket No. 95—91 Applications ofXM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc. for Consent to Transfer ofControl — MB Docket No. 07—57 Application ofSirius Satellite Radio Inc. for Authority to Launch and Operate SIRIUS FM—5, a Geostationary Satellite, to Provide Satellite Digital Audio Radio Service —SAT—LOA—20060901—00096 WRITTEN EX PARTE COMMUNICATION Dear Ms. Domenici and Mr. Campbell: I am writing on behalf of the WCS Coalition regarding the response by Sirius Satellite Radio Inc. ("Sirius") to the Coalition‘s concerns regarding Sirius‘ plans to commence the provision of video services over its Digital Audio Radio Service ("DARS") spectrum later this 1 year. Between the Coalition‘s initial letter expressing its concerns and Sirius‘ response, the material facts regarding the Sirius Backseat TV service are now a matter of record, and the Commission would appear to have all the information it needs to determine whether that service ‘ See Letter from Robert L. Pettit, Counsel to Sirius Satellite Radio Inc., to Helen Domenici, Chief, International Bureau, Federal Communications Commission, and Fred Campbell, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, IB Docket No. 95—91 (filed April 25, 2007).

\ WiLkINSON ) BaRKER ) KNAUER| LLP Ms. Domenici and Mr. Campbell May 1, 2007 Page 2 is an "ancillary service" despite Sirius‘ candid acknowledgement that it will utilize up to 20% of Sirius‘ authorized spectrum for the transmission of video programming." More importantly, the WCS Coalition is pleased with Sirius‘ concession that under Section 4.4 of the ITU Radio Regulations, the Commission specifically must preclude any Sirius‘ video offerings in the DARS band from causing interference to the Wireless Communications Service ("WCS"), and bar Sirius from claiming protection against interference to its video offering from wes.> Thus, if the Commission finds on the record before it that Sirius Backseat TV is a permitted "ancillary service," the Commission must do as it has done in similar situations and condition Sirius‘ operating authority consistent with Section 4.4 of the ITU Radio Regulations, making any video offerings by Sirius secondary to WCS operations.* Should you have any questions regarding this submission, please contact the undersigned. Pursuant to Section 1.1206(b) of the Commission‘s Rules, a copy of this letter is being filed in the dockets referenced above utilizing the Electronic Comment Filing System. Respectfully submitted, /s/ Paul J. Sinderbrand Paul J. Sinderbrand Counsel to the WCS Coalition See id. at 3 ("the back—seat video offering will operate in less than one—fifth of Sirius‘ exclusively—licensed band."). > See id. at 4 n.15 (quoting ITU Rad. Reg. § 4.4). Under similar circumstances, the Commission has not hesitated to impose the conditions required by Section 4.4 of the ITU Radio Regulations. See, eg. Intelsat LLC, Application to Modify Authorization for Intelsat 805 to Allow the Provision of Fixed—Satellite Service Between Non—U.S. Points in the 12.7—12.75 GHz Frequency Band, Order and Authorization, 19 FCC Red 2775, 2776 (2004); Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L—Band, and the 1.6/2.4 GHz Bands, Report and Order and Notice of Proposed Rulemaking, 18 FCC Red 1962, 2066 (2003)("ITU Radio Regulations provide for the operation of communications systems that do not conform to the service allocation, provided that the services are on a non—harmful interference basis."). * Subject to the imposition of such conditions on Sirius‘ video operations, the WCS Coalition withdraws its request for rescission of the license issued to Sirius for authority to operate the satellite it calls FM—5. Although the Coalition believes, notwithstanding Sirius‘ arguments to the contrary, that Sirius‘ application for this satellite was defective for failure to provide the specific information required by Section 25.144(a)(3)(iii) of the Commission‘s Rules, the imposition of the conditions even Sirius agrees are required by Section 4.4 of the ITU Radio Regulations mitigates any harm to the WCS Coalition‘s members. Although the point is moot in light of the WCS Coalition‘s withdrawal of its request for rescission of the FM—5 license, the Commission should note that the WCS Coalition had no reason to object to the grant of that license during the period normally afforded for petitions to deny because Sirius did not announce its arrangement with DaimlerChrysler AG‘s Chrysler Group until after that period had run. See, e.g., Chrysier Minivans to Offer Satellite TVY, THE WALL STREET JOURNAL, at B3 (March 30, 2004); James Healy, Chrysler, Sirius to Beam Kids*‘ TV Into ‘08 Models, USA TODAY, at 1B (March 30, 2007).

Wirkinson ) BARKER) KNAUER| LLP Ms. Domenici and Mr. Campbell May 1, 2007 Page 3 ce: Hon. Kevin J. Martin Hon. Michael J. Copps Hon. Jonathan S. Adelstein Hon. Deborah Taylor Tate Hon. Robert M. McDowell Erika Olsen Bruce Gottlieb Barry Ohlson Aaron Goldberger Angela Giancarlo Julius Knapp Robert Nelson Roderick Porter Robert Pettit, Counsel to Sirius Satellite Radio Inc.


Document Created: 2007-06-06 15:25:58
Document Modified: 2007-06-06 15:25:58
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