Attachment withdrawal

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

IBFS_SATSTA2001071200063_456712

Wiukinson Barker) Knaver ) uur COPY sron® sans: #6 § RECEIVED nasumeron, oc 20037 teu ronrancain f OCT 1 6 2001 fax. ronzea.sesi reem, cumemomos cssn« wen.wbkian.con orenar ne sn rav. a. smotennane pringerbrand@wbitan.con October 16, 2001 °ce ve Magalie Roman Salas Secretary Federal Communications Commission Washington, DC 20554 Re: File No. SAT—STA—20010724—00064 Dear Ms. Salas: Yesterday aftemoon, the Wireless Communications Association International, Inc. (*WCA") submitted a Petition for Reconsideration of the Intemational Bureau‘s September 17, 2001 Order and Authorization granting Sirius Satellite Radio, Inc. ("Sitius") special temporary authorization (the "STA") to commercially operate terrestrialrepeaters in the spectrum licensed for satelite Digital Audio Radio Service (‘SDARS®)." In that filing, WCA urged the Commission to modify the STA to require Siius to provide certain information to Multipoint Distribution Service and Instructional Television Fixed Service licensees upon request. Later yesterday afternoon,the International Bureau released on its own motion an Order modifying the STA as requested by WCAAs result WCA‘s petition has become moot and is hereby withdrawn. Respectfull 1. Sinderbrand Counsel to Wireless Communications Association International, Inc. ce Ron Repasi Carl Frank ! Srus Srelite Radl,Inc., DA O1—2171, File No. SAT—STA—20010712:00064 (rel. Sep 17, 2001) * Srius Sarlite Radio, Inc, DA 01—2383,File No. SAT—STA—20010712:0004 (rl. Oct, 15,2001)

COPY FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the matter of ) ) STRIUS SATELLITE RADIO, INC ) File No: SAT—STA—2001 ) Request for Special Temporary Authority ) to Operate Terrestrial Repeaters ) To: Chicf, Intemational Burcau PETITION FOR RECONSIDERATION OF STA., The Wireless Communications Association Intermational, Inc. ("WCA" D;;s aitomeys, hereby petitions the Chief, International Bureau to reconsider the Bureau‘s September 17, 2001 Order and Authorization granting Sitius Satelite Radio, Inc. (‘Sirius") 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 submits that the STA fails to adequately protect Multipoint Distribution Service ("MDS®) and Instructional Television Fixed Service (‘ITFS®)licensees from harmful interference that may be caused by Sirius‘s terrestral operations In response to the Commission‘s July 31, 2001 Public Notice soliciting public comment,® WCA filed comments addressing requests by XM Radio, Inc. and Sirius for STAs to commercially operate networks of terrestral SDARS repeater facilites." In the interest of ! Stius Satellte Rad, Inc. DA Ol—2171, File No. SAT—STA—20010712:00064 (rl. Sept. 17, 2000 tereinater cited as S70} * »saelite Policy Branch Information Applications Accepted for Fling." Public Note, Report No. SAT—00077 (rst Ju 31, 2000). > See Comments of WCA in Opposition to Grant of STA Requests, File Nos. SAT—STA—20010712:00062 and File No. SAT—STA—20010712:00054 (Aed Aug, 21, 2001)freinate ied as "WCA Comments‘}

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 concern that terrestrial DARS operations can cause harmful brute force overload interference to MDS and ITES facilites,‘ and called upon the Commission, infer 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 ITFS 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 ITFS licensees will be aware in advance of the increased potential for brute forceoverload interference and will be able to trace any new or increased interference to the appropriate terrestrial repeater® Significantly, neither XM nor Sirius made any effort to refute WCA‘s position Given the state of the record, it is not surprising that the STA acknowledges "there are areas around terrestrial repeaters where [MDS, ITES and WCS] equipment may be susceptible to blanketing interference" and mandates that "all existing authorized radiocommunication facilities 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 requires that "Siius .. "WCA Commentsat 3. 5 Seeid at$ °Seeid at 89 "smays.

s54 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 notification from a WCS, MDS or ITFS licensee identifying the specific source ofinterference."" To facilitate the process of addressing interference issues, the STA mandates that Sirius "(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 (ie, 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 Sirius 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 ITES licensees was an inadvertent oversight. Certainly, there is no principled basis for requiring XM to provide that information to WCS licensees, but not to MDS and ITES 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 *1e any 14 * !* is worthrepeatingthe point, made in WCA‘s comments,that WCS licensees arerequired routielyto provide this information to MDS and TTFS licensees

Corporation (‘Sprint‘), a WCA member and MDS licensee sought both confirmation that Sitius would provide the information to MDS and ITFS licensees and access to the technical parameters of XM‘s and Sirius‘ terrestrial repeaters."". Sirius subsequently agreed to make the information available to Sprint in the fature, although it asserted that it currently is not opera na. and has not even identified sites for, any repeaters operating below 2 kw EIRP."*: However, XM has taken the position that it is under no obligation to provide information to MDS and ITFS Hicensees In light ofthe XM‘s failure to provide Sprint with information regarding XMs terrestrial repeater deployment, WCA has sought reconsideration of the XM STA and the imposition of a specific condition mandating that XM provide technical information regarding its repeaters to requesting MDS and TTE licensees."" The arguments advanced by WCA need not be repeated here, but are incorporated by reference.. Although Sirius has not adopted the uncooperative posture of XM, in the interest of comity, if the Commission agrees with WCA and imposes a specific condition on XM‘s STA, it should impose the same condition on Siius‘s STA. *‘ See Leter from Pau 1. Sinderbrand o Cart R. Frank (dated Sept. 20, 2001). A copy of hisloter is annexed as Avachment A !* e Leter from CarlR. Frank to PalSinderbrand (dated September 25,2001, A copy of this eteis anexed as Atachment B. is worth noting thatth leter from Siius addresscs repeaters operating above 2000 watts EIRP and those operting blow 2000 watts EIRP, but notthose operating at2000 watts EIRP._ WCA suspects that this was an inadvertent oversight an that Sirs intended for rferencesto epeaters opertingat less than 2000 watts EIRP t nclude those opertingat 2000 wattalso See Pettion of WCA for Reconsidertion, File No. SAT—STA—20010712:00063 (iled Sept 28, 2000). A copy of the WCA Pettion is annexed as Attachment C

z84 Respectfully submitted, WIRELESS COMMUNICATIONS ASSOCIATION INTERNATIONAL, INC By wBF Sinderbrand Wilkinson Barker Knauer, LLP 2300 N Street, NW Suite 700 Washington, DC 20037—1128 202.783.4141 October 15, 2001

CERTIFICATE OF SERVICE 1, Anna Lee Silver, hereby certify that the foregoing Petition for Reconsideration was served this 15th day of October 2001 by depositing a true copy thereof with the United States Postal Service, first css postage prepaid, addressed to Carl Frank Wiley, Rein & Fielding, LLP 1776 K Street, NW Washington, DC 20006 Counsel to Sirius Satellite Radio, Inc.


Document Created: 2005-09-27 15:36:08
Document Modified: 2005-09-27 15:36:08
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