Attachment comment

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COMMENT submitted by Entercom Communications Corp.

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2001-08-21

This document pretains to SAT-STA-20010724-00064 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2001072400064_456837

uswornces LEVENTHAL, SENTER 8 LERMAN rire surre eco 2000 x srazer. ww Wsimcron. DC 200064809 rurconn won aesares August 21, 2001 RECENVieMED neuent,Mawore AUG 2 1 2001 mowon@iMiwcemm commovoe ouesn mmwum rEprnat Ms. Magalie R. Slas Federal Communications Commission 445 12" Streex, SW Washingron, DC 20554 s Dear Ms. Salas: On behalf of Entercom Communications Corf. there is ransmited herewith an original and four copies of its Camments with respect to the separate requests for Special Temporary Authority filed by XM Radio Inc. (ECC File No. SAT—STA—200010712—00063) and bySiius Sarelite Radio Inc. (PCC File No. SAT—STA—200010724—00064) to operate digitl audio radio service terrestril epeater stations. f any additional information is desired in connection with this maner, please contact the undersigned counsel Verytly yours, /Jz We _ ‘Birizn M. Madden BMM/dm Encuosure ces Bruce Jacobs, Esq. Carl Frank, Esg,

BEFORE THE CA e 4B Federal Communications Comméfl‘EEENED WaSHINGTON, D.C. 20584 aus 2 1 2001 eommvon cxestt In the Matter of ) emetoe ne mete ) Request by XM Radio Inc ) 1B Docket No. 95—91 T A — 2 0 0 1 0 7 12—00063 and Sirius Satellte Radio Inc. C C le ) F Fi N So . A T — S 010724—00 064 0 for Special Temporary Authorityto Operate ) FCC File No. SAT—§TA—2 Digital Audio Radio Service Terrestrial Repeaters ) To: Chief, Allocations Branch Mass Media Bureau comments or ENT CcoMMUN ore. Entercom Communications Corp. ("Entercom"), licensee of 95 broadcast radio stations in 18 markets, by ts attomeys, hereby submits comments in opposition to the above— captioned requests of XM Redio Inc. (°XM®) and Sirius Satellite Radio Inc. (*Sirius") for special temporaryauthority (*STA®) to operate digital audio radio service terrestrialrepeaters (the "STA Requests"). The terrestrial repeater networks that XM and Sirius propose to construct pursuant to their STA Requests are not "gap filers" for satellite—delivered service, as the Commission proposed to authorize,‘ but rather, the systems proposed in the STA Requests —— and particularly in XMs unsubstantiated request to operate no fewer than 778 high power terrestrial repeaters at ‘Notice of Proposed Rulemaking, /n the Matter ofEstablishment ofRules and Policiesfor the Digital Audio Radio Satellte Service in the 2310—2360 MHZ Frequency Band, 11 FCC Red 1, 18 (1995) (the "NPRAMY). ie

«2 powers from 2 kW to 40 kW in 61 markets nationwide —— would allow XM and Sirius to provide essentially a terrestrial—based radio service, in contravention ofthe Commission‘s underlying intentions as set forth in IB Docket No. 95—91; in contravention of XM‘s and Siius‘s purported intentions of offering a satellite—delivered service in which the terrestrial repeaters will serve only to "Aill gaps" in areas where it may be difficult to receive DARS signals transmitted by satellte: and in contravention of the public interest, since such a newterrestrial system would directly threaten the viability of currently—licensed terrestrial broadcasters, particularly in smaller markets where traditional radio broadcasters already face difficult financial challenges to their continued operations. The Commission has been unwavering in proposing that terrestral repeaters used in connection with SDARS be implemented as "gap—fillers," in "urban canyons and other areas where it may be difficult to receive DARS signals transmitted bya satellit."" The Commission has proposed that the "terrestrial gap—fillers" be limited to retransmission ofthe information sent bythe satellite to "overcome the effects of signal blockage and multipath interference."" In addressing the concems expressed in IB Docket 95—91, the Commission offered its assurance that it proposed to prohibit the use of terrestrial gap—filers "except in conjunction with an operating satellite DARS system to ensure its complementary nature and so that there would e no °NPRM at 18, and Report and Order, Memorandum Opinion and Order, and Further Notice ofProposed Rulemaking, In the Matter ofEstablishment ofRules and Policiesfor the Digital Audio Radio Satellte Service in the 2310—2360 MHZ Frequency Band, 12 FCC Red 5754, 5810 (1997) (the "Report and Order®). "NPRM at 18. and Report and Order at 5811. ie

RS transformation ofsarellite DARS into an independent terrestrial DARS network" (emphasis added)." The STA Requests fall tprovide any information that demonstrates the purported necessity for deploying such extensive systems of high powered terrestril repeaters, and nowhere does XM or Sirius show that these extensive proposed systems ofterrestrialrepeaters will be used onlyas "gap—filles," in accordance with the manner in which the Commission has consistentlyintended. The Commission should not permit further proliferation of repeater stations, beyond those actually constructed as ofthis date under the existing experimental authorizations, without adoption of formal service and technical rules for terrestrial repeaters Those rules should not permit SDARS operators unfettered rights to establish repeaters without a specific demonstration of need due to signal obstruction. Not onlywould unregulated construction of an unlimited number ofhigh—powered repeater stations create interference to other spectrum users, as,for example, alleged by wireless licensees operating on adjacent spectrum, but such blanket authority would lead to a fundamental change in the nature of the SDARS service, as discussed further herein. The Commission has tentatively concluded that it will prohibit the use of terrestral repeaters totransmit locally originated programming." However, on April 25, 2001, XM submitted draft rules for the operation of SDARS terrestrialrepeaters that would allow SDARS operators to circumvent the Commission‘s intent and allowlocally—ori mated "ta ‘Report and Order at 5812. mea

2i+ programming to be broadcast on SDARS throughthe use ofthe terrestrial repeater network Specifically, XM‘s proposed Section 25.144 ofthe Commission‘s rules provides that "[tlerrestral repeaters shall not be used to originate programming not also fransmittedfom authorized DARS satelltes" (emphasis added)® The artful phrasing of this rule as proposed by XM conceivably allows SDARS operators to use a terrestrial repeater system to include programming, including local commercials, targeted to local audiences and originated locallyas Jong as such signal was first uploaded to its DARS satellite for retransmission. In the comments being filed in this proceeding by the National Association of Broadcasters ("Comments ofNAB"), which Entercom joins and supports, one possible method of such localized operation is illustrated. See Comments ofNAB at 13—14. The use ofcurrently available technologyin this manner would defeat the Commission‘s stated intention to authorize a nationally—based service to complement, and not destroy, existing terrestrial local AM and FM radio services. SDARS was established to offer new service particularly for niche audiences and geographically—isolated audiences that are underserved by exiting broadcasters.". In essence, a grant ofthe STA Requests in connection with XM‘s draft rules would allow SDARS licensees to operate virtually as terrestrial broadcasters, inserting local advertising and other programming and competing directly with established terrestrial broadcasters in their local markets for local lsteners. Entercom does not ask that competition in the markets in which it operates be curtailed; however, the Commission never intended to authorize an additional terrestrial broadeasting service that would *Ex Parte Submission ofXM Radio Inc. n TB Docket 95—91 (April 25, 2001) at Exhibit 1. "NPRM ar 2. se

compete directly with individual local AM and FM stations on the local level when it established the nationwide SDARS service Entercom has emphasized previously in filings with the Commission concerning SDARS that all radio stations require an adequate revenue base to sustain the non—entertainment programming and community—based activities for which they are licensed to serve the public convenience and necessity.* It is inevitable that when more stations are allowed to enter a market,the market shares available to a particular station in a market decrease, and potential advertising revenues are reduced. The Commission carefully weighed the effect of any new service on local broadcasters in determining that a "new radio service ... [with] national distribution . would serve the public interest." The use of a massive network ofhundreds of high—powered repeaters, located in a manner to blanket urban areas without any demonstration of service deficiencies, changes the equation as analyzed by the Commission. As observed bythe NAB, the proposal would now ereate a terrestrial—based network concentrated in metropolitan areas which is fully capable of operating independent of anysatellite delivery. In the Boston metropolitan area, where Entercom operates five radio stations, XM proposes 66 repeaters with power greater than 2 kW, and more than half of those with power greater than 12 kW. Entercom believes that the Commission would not have established SDARS had the intial proposal involved such an extensive terrestrial operation, and it must not nowallow SDARS to be transformed by the STA Requests into an ‘See Comments of Entercom (Pk/a Entertainment Communications, Inc.) filed in IB Docket 95—91 at 2. ‘Report and Order at 5758. im

entirely different service than originally conceived. There will inevitablybe some need for repeaters in cases of actual service impediments. However, anyrepeater authorized for use to complement SDARS service must be stritly limited to demonstrated service deficiencies, and restrited in use to preclude the transmission of locally—originated programming and to allow only the retransmission of the unaltered SDARS signal simultancous with itstransmission to consumer receivers nation—wide. Bythe STA Requests, XM and Sirius seek to further expand their repeater networks beyond that appropriate for experimental analysis, even before the Commission has adopted service rules for such facilities. Entercom agrees with the NAB that XM and Sirius must be deemed to have constructed the existing repeater stations at their own risk, with no entilement to any favorable equitable claims when the Commission establishes appropriately strict service limitations on the use of such repeaters. See Comments ofNAB at 10—11. There is no substantiation in the STA Requests for the necessity of utilizing such a substantial number of terrestral repeaters in connection with SDARS, and the clear inference is that XM and Siius intend that the requested terrestrialrepeater systems serve as backup, or worse, as primary broadcast systems, with the potential to offer terrestrial locally—originated programming, rather sn

4+ than to serve as the "gap—fillers" that the Commission intended.. For these reasons, Entercom epposes approval ofthe STA Requests. ENTERCOM COMMUNICATIONS CORP. me hi MeRA—__ rian M. Madden Christopher J. Sova Leventhal, Senter & Lerman PLL.C. 2000 K Street, N.W. Suite 600 Washington, D.C. 20006—1809 August 21, 2001 Iis Attorneys ow

CERTIFICATE OF SERVICE 1 Tamara L. Mariner hereby certify that true and correct copies of the foregoing "Comments of Entercom Communications Corp." was sent by U.S. Mail this 22nd day of August 2001 to the following: Carl R. Frank, Eso. Wiley, Rein & Fielding 1776 K Streex, NW Washington, DC 20006 Bruce D. Jacobs, Esq. Shaw Pittman 2300 N Street, NW Washington, DC 20037 Amai PIRP—— Tamara L. Mariner


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Document Modified: 2005-09-28 14:11:10
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