Attachment withdrawal

withdrawal

WITHDRAWAL submitted by Sprint Nextel Corp (Nextel Spectrum Acquistion Corp)

withdrawal

2006-09-07

This document pretains to SAT-STA-20060623-00067 for Special Temporal Authority on a Satellite Space Stations filing.

IBFS_SATSTA2006062300067_528112

WILKINSOB \ NA) R K E R )K N A U E R I LLP ‘\ 2300 N STREET, NW SUITE 700 WASHINGTON, DC 20037 TEL 202 7 8 3 4141 FAX 2 0 2 7 8 3 5851 RECEIVED w w w w b k l a w corn PAULJ SINDERBRAND p s i n d e r b r a n d @ w b k l a w corn SEP -7 2006 September 7, 2006 Ms. Marlene H. Dortch, Secretary Federal Communications Commission 445 Twelfth Street, SW Washington, DC 20554 Re: Application of Sirius Satellite Radio, Inc. For Modtfication of Special Temporary Authority To Operate Satellite Digital Audio Radio Service Terrestrial Repeaters - FCC File No. SAT-STA-20060623-00067 Dear Ms. Dortch: On behalf of Sprint Nextel Corporation, parent company of Nextel Spectrum Acquisition Corp. (collectively, Sprint Nextel), we are submitting the attached letter from Sprint Nextel to Sirius Satellite Radio, Inc. (“Sirius”), in which Sprint Nextel has withdrawn its June 21, 2006 statement of non-opposition to Sirius’s proposed modifications to its existing Special Temporary Authority to operate satellite Digital Audio Radio Service terrestrial repeaters, as set forth in the application referenced above. Should there be any questions concerning this matter, please contact the undersigned. Respectfblly submitted, Paul?. Sinderbrand Counsel for Sprint Nextel Corporation Attachment cc: Carl R. Frank

1 W I L K I N S O N )B A R K E R ‘ K N A U E R ’ L L P I TEL 202 7 8 3 4 1 4 1 FAX 202 783 5 8 5 1 w w w w b k l a w corn PAUL J SINOERBRAND p s i n d e r b r a n d @ w b k l a w corn September 7,2006 Patrick L. Donnelly Executive Vice President and General Counsel Sirius Satellite Radio Inc. 1221 Avenue of the Americas New York, NY 10020 Re: Withdrawal of Sprint Nextel Consent to ModiJcation of Existing Special Temporary Authority For Terrestrial SDARS Repeaters Dear Mr. Donnelly: On behalf of our client Sprint Nextel Corporation, parent company of Nextel Spectrum Acquisition Corp. (collectively,“Sprint Nextel”), 1 am writing to advise you that Sprint Nextel withdraws its statement of non-opposition to the proposed modifications to Sirius’ existing Special Temporary Authority (“STA”) set forth in the modification application filed on June 23, 2006 (FCC File No. SAT-STA-20060623-00067). Our letter to you of June 21, 2006 made it clear that Sprint Nextel does not believe you should be deploying repeaters operating at power levels higher than 2 kW, but would not oppose the proposed modifications ifthe newly-authorized terrestrial repeaters do not cause interference to any facilities Sprint Nextel deploys on its WCS spectrum. Sprint Nextel also made it clear that its was accepting operations only for a period of 180 days from June 2 1, 2006 and that its letter was “without prejudice to any position Sprint Nextel has taken or may take in the future on any FCC action relating to SDARS interference to WCS operations.” In an exparte letter to the Commission dated August 14, 2006, Sirius asks the Commission to, among other things, permanently grandfather all SDARS repeaters authorized under Sirius’ STA as configured on the date the Commission adopts final rules governing SDARS interference to WCS. However, although the STA is expressly contingent upon Sirius providing full interference protection to WCS facilities, nowhere in Sirius’ August 14, 2006 ex parte filing does Sirius state that grandfathered SDARS repeaters should have a permanent obligation to protect WCS from interference. As such, Sirius is advocating a regulatory approach at fundamental odds with Sprint’s prior statement of temporary non-opposition; to the contrary, Sirius is advocating an approach that will lead to the permanent deployment of terrestrial repeaters that will operate in excess of 2 kW, yet have no obligation to avoid interference to Sprint Nextel’s WCS facilities. Under these circumstances, Sprint Nextel does not believe that the public interest is served by

WILKINSON BARKER" K N A U E R ' LLP Patrick L. Donnelly September 7, 2006 Page 2 permitting Sirius to add more terrestrial repeaters while the Commission's rulemaking on SDARS/WCS interference remains pending. Should there be any questions concerning this matter, please contact me directly Respectfully submitted, n Paul J. Sinderbrand cc: Carl. R. Frank


Document Created: 2006-09-11 11:11:23
Document Modified: 2006-09-11 11:11:23
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