FCC ESTABLISHES GROUND RULES FOR SDARS SERVICE

Specifically, Commission is seeking comments on requiring SDARS repeaters to meet following guidelines: (1) Low-Power Repeaters (LPR) must be limited to EIRP 2 kw. (2) High-Power Repeaters (HPR) must be limited to EIRP between 2 kw and 40 kw. SDARS repeaters could be used only to transmit complete programming and only programming transmitted by authorized DARS satellite and in manner that satellite signal and terrestrial repeater signal were received nearly simultaneously by SDARS subscriber repeaters. Commission wants to limit authorization to operate SDARS repeaters to licensees of SDARS systems with operational space stations. FCC proposed that SDARS licensee locate repeater frequency assignments in center of its exclusively licensed frequency band, with edge of repeater band being no less than 4 MHz from edge of SDARS spectrum at 2320 MHz and 2345 MHz.

Licensees also would have to obtain prior FCC approval to operate: (1) Any SDARS repeater that exceeded power levels and/or proximity restrictions specified in international agreements with Canada and Mexico. (2) SDARS repeater that failed to comply with FCC rules. (3) SDARS repeater that would have significant environmental effects. Commission would allow SDARS licensees to operate unlimited number of LPRs without prior coordination as of effective date of its order adopting final rules on SDARS repeaters and where prior approval wasn’t required. LPRs, WCS, MDS and ITFS licenses would have to be notified by SDARS licensees 30 days before starting operations from new LPR station or with increased power up to 2 kw EIRP. SDARS licensees would have to notify all WCS, MDS/ITFS licensees in or through whose licensed service area they intended to operate and provide technical parameters of terrestrial repeater facility.

SDARS licensees would be required to remedy blanketing interference caused to MDS/ITFC receivers from LPRs and bear full financial obligation for correcting interference, provided complaint: (1) Was received before Feb. 2002. (2) MDS/ITFS downconverter was installed before Aug. 20, 1998. (3) SDARS terrestrial repeater station transmitted at 50 w or more peak EIRP. (4) MDS/ITFS downconverter was located within SDARS terrestrial repeaters’ free space power flux density contour of 34 dBW. If SDARS operator couldn’t eliminate interference, it must stop operations from LPR facility. When SDARS licensees were required to colocate their repeater antennas on same tower, they would have to share responsibility for remedying interference complaints unless offending station could be readily determined. If complainant were entitled to compensation from one or more licensees in WCS, FCC is seeking comment on whether cost should be shared equally among all WCS and SDARS licensees that caused such interference.

Compensation for High-Power Repeater (HPR) operations would be established for SDARS licensees. Proposal would create safe harbor in which SDARS operators wouldn’t be required to coordinate with or compensate WCS licensees to resolve blanketing interference that might be caused to WCS receiving stations from SDARS repeaters. It also would establish zones outside of safe harbor in which WCS licensees would be entitled to compensation to resolve interference from HPR operations and whether compensation should be provided for consumer-premises equipment and whether there should be limit on financial liability.

FCC proposed that SDARS and WCS licensees coordinate in good faith and avoid interference problems to allow greatest flexibility in operations. SDARS operators within liability zone that prevented provision of commercial service would have to pay reasonable costs of mitigating or eliminating interference. SDARS licensee would compensate WCS operator for cost of components to protect its station receivers from blanketing interference caused by HPRs.