Attachment petit for recon

petit for recon

PETITION FOR RECONSIDERATION submitted by Wireless Comm. Ass. International

petit for recon

2001-09-28

This document pretains to SAT-STA-20010712-00063 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2001071200063_456703

smy FEDERAL COMMUNICATIONS COMMISSION _EOPY Washington, DC 20554 In the matter of RECEIVED XM RADIO, INC. File No. SAT-STA-ZOO]OHZMSZ 82001 Request for Special Temporary Authority to Operate Terrestrial Repeaters To: Chief, Intemational Bureau PETITION FOR RECONSIDERATION Or STA The Wireless Communications Association International, Inc. ("WCA"), by its attomeys, hereby petitions the Chief, Intemnational Bureau to reconsider the Bureau‘s September 17, 2001 Order and Authorization granting XM Radio, Inc. special temporary authorization (the "STA") to commercially operate terrestrial repeaters in the spectrum licensed for satellite Digital Audio Radio Service (‘SDARS®)." For the reasons set forth below, WCA submitsthat the STA fails to adequately protect Multipoint Distribution Service (‘MDS®) and Instructional Television Fixed Service (‘ITES®) licensees from harmful interference that may be caused by XM‘s terrestrial operations. In response to the Commission‘s July 31, 2001 Public Notice soliciting public comment,® WCA filed comments addressing requests by XM and Sitius Satellite Radio, Inc. (‘Sirius") for STAs to commercially operate networks of errestrial SDARS repeater facilities" In the interest ! XM Radio, Ic, DA O12172, ) Pile No. SAT—STA—20010712:00063 (rel. Sep. 17, 2001)(hreinater cied as "sor * »Saellite Polcy Branch Information Applications Accepted for Filing," Pubilc Norice, Report No. SAT—00077 (ret Juty 31,2001). > See Comments ofWCA in Opposion to Grant of STA Request, File Nos. SAT—STA—20010712:0006and File No. SAT—STA—20010712—00064 (Rled Aug.21, 2001}(herciafer ctedas "WCA Comment‘}

ag+ of brevity, the arguments advanced in those comments will not be repeated here but instead are incorporated by reference. For present purposes, it suffices to say that WCA reiterated its oft— stated concem that terrestrial DARS operations can cause harmful brute force overload interference to MDS and ITFS facilities;‘ and called upon the Commission, inter alia, to impose upon the SDARS licensees the same condition imposed on Wireless Communications Service ("WCS") licensees — that they be required to provide all neighboring MDS and TTFS licensees 30 days advance notice of the technical parameters of all terrestrial repeaters (not just those operating above 2,000 watts EIRP) in the same fashion that WCS licensees are obligated to give advance notice pursuant to Section 27.58 of the Commission‘s Rules:® WCA established that such a condition is necessary to assure that MDS and ITES licensees will be aware in advance of the increased potential for brute force overload interference and will be able to trace any new or increased interference to the appropriate terrestral repeater.® Significantly, neither XM nor Sirius made any effort to refute WCA‘s position. Given the state ofthe record, it is not surprising that the STA acknowledges "there are areas around terrestrial repeaters where [MDS, ITFS and WCS] equipment may be susceptible to blanketing interference" and mandates that "before final rules are adopted, all existing authorized radiocommunication facilites that are in operation during the period that the STA is in effect must be protected from interference caused by SDARS repeaters."". More specifically, the STA " WCA Commens,at2—5. * See id at$. ®See id at8.9 smm3

i3+ requires that "XM . .. immediately reduce the power level or,if necessary, cease operation of any repeater that causes interference to a WCS, MDS or ITFS authorized station upon the receipt of a written, descriptive notifation from a WCS, MDS or ITFS licensee identifying the specific source of interference."* To facilitate the process of addressing interference issues, the STA mandates that XM "(1) make available to the WCS licensees and to the Commission, immediately upon request, the locations and technical parameters of all repeaters operating pursuant to this STA, including those operating at or below 2 kW EIRP, and (2) provide the name and telephone number of a point of contact to all WCS licensees and to WCA prior to commencing operation, that will be available on a continuous basis (Le., 24 hours a day, 7 days a week) to receive reports of actual interference and to take immediate action to correct it"" Simply stated, WCA. seeks reconsideration of the Bureau‘s failure to specifically require that XM provide to requesting MDS and ITES licensees the location and technical parameters of all repeaters operating pursuant to the STA. WCA suspects that the Bureau‘s failure to mandate the provision of this information to MDS and ITRS licensees was aninadvertent oversight. Certainly, there is no principled basis for requiring XM to provide that information to WCS licensees, but not to MDS and ITFS "ue act 14 * td. Altbough not thebsisfo ts peiion for reconsidertion, WCA i cetainly roubled by the fct that XM has apparently sated operating under the STA but has yet to provide WCA with the teephone mumber of any designated point of contact that be available to eceive and act upon inrference reports. XM‘s fullre to satidy even this minimal condition on the STA ceriinly does notbode well fois compliance with other conditins imposed on the STA or tatmay be imposed in thfinal ules.

licensees."" Indeed, in informal discussions with the Commission‘s staff, counsel for WCA was advised that XM and Sirius had agreed to make technical information regarding their repeaters available to MDS and ITFS licensees. Based on that information, on September 20, 2001, Sprint Corporation (‘Sprint‘), a WCA member and MDS Hicensee, sought access to the technical parameters of XMs and Sitius® terrestrial repeaters. Copies of those requests are annexed as Attachments A and B, respectively. Sirus subsequently agreed to make the information available (although it asserts that it currently is not operating, and has not even identified sites for, any repeaters operating below 2 kw EIRP)."". However, despite the passage of more than a week, XM has yet to provide any information and has implied that it will not make information available to Sprint becauseit is an MDS licensee, not a WCS licensce."" In light of the XM‘s failure to provide Sprint with information regarding XM‘s terrestrial repeater deployment, WCA has no choice but to seck reconsideration of the STA and the imposition of a specific condition mandating that XM provide technical information regarding its repeaters to requesting MDS and ITFS licensees. Clearly, the same location and technical information XM must provide WCS licensees is equally essential to MDS and ITFS licensees that may be exposed to interference from terrestrial DARS repeaters.. Absent the addition of a specific condition on XM‘s STA, the Commission will be putting in jeopardy existing, licensed " 1 is worth repeating the point, made in WCA‘s comment, that WCS lcenseesare required routinly to provide this information to MDS and ITFS lcensces " See Leter rom Carl Frank to Paul Sinderbrand, annexed as Attichment C. Itis worth noting thatthelter from Situs addreses epeaters operating above 2000 wats EIRP and those operating below 2000 watts EIRP, but not those operating at2000 watts EIRP. WCA suspectsthat this was an inadvertent oversight and that Sirius ntended forrefernces o repestes operatinat less tian 2000 watts EIRP to include those operating at 2000 watts also © See Email rom Bruce Jacobs to Paul Sinderbrand,annexed as Atichment D.

a5: service to MDS/TES subscribers for the benefit of a company that has chosen to construct terrestrialrepeater facilities at ts own risk prior to the adoption offinal rles and licensing. Respectfully submitted, WIRELESS COMMUNICATIONS ASSOCIATION INTERNATIONAL, INC. Paul J.Sinderbrand Wilkinson Barker Knauer, LLP 2300 N Street, NW Suite 700 Washington, DC 20037—1128 202.783.4141 September 28, 2001

CERTIFICATE OF SERVICE 1, LaVon E. Stevens, hereby certify that the foregoing Petition for Reconsideration was served this 28th day of September 2001 by hand delivery to: Bruce Jacobs ShawPittman, LLP 2300 N Street, NW Washington, DC 20037 Counsel to XM Radio, Inc. Lagon E. Stevens

aveacument a Wirkinson ) BarkeR) Knavie® ) Lur as00 w srnier nw / sume 100 rasuneros, o6 20037 t rorm.oo rax ronures.sesi weebitonccom printerprangenniian.con September 20, 2001 via EaiL aND HaND petiveny Bruce D. Jacobs Shaw Pittman LLP 2300 N. Stree, N.W. Washington, DC 20037—1128 Re: XM Radio, Inc. Terrestrial Repeaters Dear Mr. Jacobs: I am writing on behalf of Sprint Corporation and its various subsidiaries that hold Multipoint Distribation Service licenses (collectively, "Sprint") to request that XM Radio, Inc. provide Sprint with the locations and technical parameters of all trrestrial Digital Audio Radio Service repeaters to be operated pursuant to the special temporary authorization issued by the Federal Communications Commission on September 17, 2001, including those operating at or below 2 kW EIRP. It is my understanding that your client has agreed to make this information available to Multipoint Distribution Service and Instructional Television Fixed Service licensces to facilitate their ability to comply with their obligations under Paragraph 14 of the special temporary authorization to provide your client with written notice of the "specific source of interference"" should interference occur. The requested information can be delivered directly to me in electronic format via e—mail or in hard copy to the address listed above. Please let me know if you have any questions or if my understanding of your client‘s willingness to provide thisinformation is in error. Respectfull PaulJ. Sinderbrand cc: Ron Repasi Ron Netro

aemacumur s \ \ Wirkinson) Barker) Knauvcr) uur Base # is ww * wre 100 nasuneros, oc 20037 t rerreaie eax ronresses wonstiten.com pringertrandenbiinn.con September 20, 2001 via EMaIL AND HAND DELIVERY Carl R. Frank, Bsq. Wiley Rein & Fielding 1776 K Street, NW. Washington, DC 20006 Re: Sirius Satellite Radio, Inc. Terrestrial Repeaters Dear Mr. Frank: I am writing on behalf of Sprint Corporation and its various subsidiaries that hold Multipoint Distribution Service licenses (collectively, "Sprint") to request that Sirius Satellte Radio, Inc. provide Sprint with the locations and technical parameters of all trrestral Digital Audio Radio Service repeaters to be operated pursuant to the special temporary authorization issued by the Federal Communications Commission on September 17, 2001, including those operating at or below 2 kW EIRP. It is my understanding that your client has agreed to make this information available to Multipoint Distribation Service and Instructional Television Fixed Service licensees to faciliate their ability to comply with their obligations under Paragraph 14 of the special temporary suthorization to provide your client with written notice of the "specific source of interference" should interference occur.. The requested information can be delivered directly to me in electronic format via e—mail or in hard copy to the address listed above. Please let me know if you have any questions or if my understanding of your client‘s willingness to provide this information is in eror. Respectfully yours, Pab]. Sinderbrand ec: RonRepasi Ron Netro

areacument c Wiley Rein & Fielding u se ce September 25, 2001 Sm virwnm mm now . rooie via EMAIL m anmine mpuonce Paul J. Sinderbrand, Bsg, roie nisonsue| Wilkincon Barker Knaver LLP Ts nuume mn 2300 se NnsStreet, NW now mamane m masane Washington, DC 20037 Re: Requestfor Information on Terrestral Repesters Dear Mr.Sinderbrand: In your September 20, 2001 eter, you asked Siius Satelite Radio Inc. (‘Siius") to provide the locations and technical prameters ofal repeaters operating pursuant to the STA adopted by the Itermational Bureau and released on September 17, 2001. The Sitius terestral repeaters with an EIRP above 2 kW are as specifie in Extibit A ofSirus® STA request. Siris is investigating the deployment ofseveral repeaters less than 2 KW prio to December 31, 2001. Sirius agrees to notify you onee it has selected sitesfor such repeaters. Please do not hesitate to contact me should you have any questions. Sincerely, ayse Counsel to Sirius Satelite Radio Ic. ce: Ron Repasi Ron Netto

f anmemeut n Sinderbrand, Paul Bruce Jacobs@shawpitiman.com Thursday, September 27, 2001 3:02 PM Sinderbrand, Paut Go: ‘metro@icogov Subject Re: Request foterrestialrepeaterinformation pesmmuee Paul, My understanding is that Sprint in an MDG licensee and not a HCS lcensee. Bruce *Sinderbrand, Pasn® To: "Bruce D. Jacobs <PSinderbrandtw (E—mail) ® bidaw. con> <bruce. Jacobstshawpittman ce: *‘ rrepasi¢feo.gov oa/22/2001 <rrepasitfeo. gov» 20:46 a *‘ rnetro@fee.gov <rnetrotfco.gov> Subject: Request for terrestrial repeater information Bruce, One week ago today 1 emailed and hand—delivered to you a request by Sprint Corp. for information regarding the terrestrial DARS repeaters that XM Radio, Inc. is operating at or below 2000 watts EIRP pursuant to the FCC‘s recent STA. A copy of that request is attached for your reference. _1 have yet to receive a response. Particularly since press reports indicate that XM is now operating porsuant to the STA (and thus the potential. for interference to Sprint‘s operations is very real), XMM*s prompt response to Sprint‘s request would be appreciated. Paut 3. Sinderbrand Milkinson Barker Knauer, LLP 2300 N Street, 1 Suite 700 Hashington, DC 20037—1128 202.703.4241. (phone) 202. 793,5051 (Fax) psinderbrand@wbklan. con mos«vbklaw. con <00t Request.pdf>> (See attached tile: XM Request.pdf)


Document Created: 2005-09-27 15:02:14
Document Modified: 2005-09-27 15:02:14
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC