[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Proposed Rules]
[Pages 19095-19096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9728]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 95-91; GEN Docket No. 90-357; FCC 97-70]


Satellite Digital Audio Radio Service

AGENCY: Federal Communications Commission.

ACTION: Further notice of proposed rulemaking.

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SUMMARY: After carefully reviewing the comments and information the 
Commission received following issuance of the Notice of Proposed 
Rulemaking, the Commission issued this Further Notice of Proposed 
Rulemaking (FNPRM) to seek comment on its proposal to permit deployment 
of satellite Digital Audio Radio Service (``DARS'') terrestrial 
repeaters, or ``gap-fillers'', on an as-needed basis by satellite DARS 
licensees to meet their service requirements. The intended effect of 
the Commission's action in issuing the NPRM is to seek comment on 
whether to adopt the Commission's proposed rules for terrestrial 
repeaters which are based upon proposals suggested by comments from CD 
Radio. The Commission also seeks comment on its tentative conclusion to 
prohibit the use of terrestrial repeaters to transmit locally 
originated programming which would be inconsistent with the allocation 
of the DARS spectrum.

DATES: Comments must be submitted on or before May 2, 1997. Reply 
comments must be submitted on or before May 23, 1997.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
1919 M Street, N.W., Room 222, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Rosalee Chiara at (202) 418-0754 or 
Ron Repasi at (202) 418-0768 with the International Bureau, or Amy 
Zoslov or Christina Eads Clearwater at (202) 418-0660 with the Auctions 
Division of the Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Further Notice of 
Proposed Rulemaking in the Report and Order and Memorandum Opinion and 
Order and Further Notice of Proposed Rulemaking, 62 FR 11083 (March 11, 
1997), IB Docket No. 95-91; GEN Docket No. 90-357; RM No. 8610; PP-24; 
PP-86; and PP-87, FCC 97-70 (adopted and released March 3, 1997). The 
complete text of the Report and Order and Memorandum Opinion and Order 
and Further Notice of Proposed Rulemaking is available for inspection 
and copying during normal business hours in the FCC Reference Center 
(Room 239), 1919 M Street, N.W., Washington, D.C. and also may be 
purchased from the Commission's copy contractor, International 
Transcription Services (202) 857-3800, 2100 M Street, N.W., Suite 140, 
Washington, D.C. 20037.

Synopsis of the Further Notice of Proposed Rulemaking in the Report 
and Order and Memorandum Opinion and Order and Further Notice of 
Proposed Rulemaking

Further Notice of Proposed Rulemaking on Terrestrial Repeaters

    1. As discussed in the Report and Order and Memorandum Opinion and 
Order and Further Notice of Proposed Rulemaking, the Commission is not 
mandating a specific service link margin that satellite DARS operators 
must provide in a given geographic area, such as urban areas. It is 
important, however, for the satellite DARS systems to maintain 
sufficient service link margin to reproduce the original information 
transmitted by the satellite. In the NPRM, 60 FR 35166 (July 6, 1995), 
the Commission noted that some satellite DARS applicants intend to 
implement, as necessary, terrestrial repeaters, or ``gap-fillers'', in 
urban canyons and other areas where it may be difficult to receive DARS 
signals transmitted by a satellite. These terrestrial gap-fillers would 
re-transmit the information from the satellite to overcome the effects 
of signal blockage and multipath interference. Since the Commission had 
no information in the record on the specifics of operation of these 
terrestrial gap-fillers, it sought comment on their operation to 
determine what rules should govern their use.
    2. Some commenters expressed concern about use of terrestrial 
repeaters to complement satellite DARS. Tichenor Media Systems, for 
example, contends that satellite DARS should not be permitted to 
originate local programming through the use of terrestrial repeaters. 
Similarly, NAB and WFAN express concern that the use of terrestrial gap 
fillers would transform satellite DARS into a terrestrial based 
service. Indeed, in the NPRM the Commission proposed to prohibit the 
operation of terrestrial gap-fillers except in conjunction with an 
operating satellite DARS system to ensure its complementary nature and 
so that there would be no transformation of satellite DARS into an 
independent terrestrial DARS network.
    3. Satellite DARS applicants provided additional information on how 
terrestrial gap-fillers will be used with their satellite DARS systems. 
The commenters agree that terrestrial repeaters would be used to 
improve satellite DARS service in the authorized satellite coverage 
areas only and on the same frequencies, and that they would not be used 
to extend the satellite coverage area or be used to originate 
programming. CD Radio and DSBC maintain that terrestrial gap-fillers 
will only be complementary to the satellite DARS systems because they 
will operate on the same frequency as the satellite transmission and 
only re-transmit the signals of operating satellite DARS space stations 
to improve service link margin in difficult propagation environments, 
especially in urban areas. Additional spectrum is therefore unnecessary 
for satellite DARS gap-fillers. Primosphere asserts further that no 
commercial inserts or local programming would be permitted over 
terrestrial gap-fillers. Furthermore, terrestrial gap-fillers will not 
extend satellite DARS coverage outside of the systems' already 
authorized service area. AMRC asserts that they will be used only to 
fill in coverage gaps within the authorized service area caused by 
various signal obstructions. Terrestrial gap-fillers will also be 
transparent to the end users because the receiver will automatically 
select the stronger of the satellite or repeater signal.
    4. Several commenters suggest that regulation of terrestrial gap-
fillers be as unrestrictive as possible. CD Radio favors rules to 
permit flexible deployment of terrestrial gap fillers without prior 
Commission approval or notification. Primosphere contends that it will 
be important for the Commission to provide a flexible scheme to 
implement terrestrial gap-fillers without the necessity to seek 
separate licenses. DSBC notes that the use of terrestrial gap-fillers 
for satellite DARS comports with the Commission's authorization of 
``boosters'' as defined in Part 22 of the Commission's rules. The 
comments of all applicants appear to be reflected in a proposal by CD 
Radio, seen for the first time in its Comments to the NPRM.
    5. The Commission did not set forth a specific proposal for 
authorizing terrestrial repeaters in the NPRM. The Commission now seeks 
comment on the proposal to permit deployment of satellite DARS gap-
fillers, on an as-needed basis by satellite DARS licensees to meet 
their service requirements. To accomplish the following important 
objectives, the Commission seeks

[[Page 19096]]

comment on whether to adopt rules for terrestrial repeaters based on CD 
Radio's proposals, as set forth in Appendix C to the Report and Order 
and Memorandum Opinion and Order and Further Notice of Proposed 
Rulemaking. The Commission agrees that it would be burdensome for both 
the Commission and the licensees if licensees were to seek separate 
authorization for each terrestrial repeater. To this end, the 
Commission seeks comment on whether to adopt a regulatory structure for 
satellite DARS terrestrial repeaters similar to the blanket 
authorizations used for mobile earth stations of other services. At the 
same time, the Commission must consider and address any potential 
impact that the operation of these repeaters would have on services of 
adjacent countries, any potential effects of radio frequency emissions 
to the public, and must determine how to ensure any use of terrestrial 
repeaters is complementary to the DARS service and is only for 
retransmission of signals received from the satellite. The Commission 
also seeks comment on its tentative conclusion to prohibit the use of 
terrestrial repeaters to transmit locally originated programming which 
would be inconsistent with the allocation of this spectrum.
    6. The Commission certifies that the proposed rules relating to the 
authorization of terrestrial repeaters will not have a significant 
economic impact on a substantial number of small entities. These rules, 
if adopted, would permit but not require the use of such repeaters to 
assist in providing higher quality service and should not significantly 
increase the cost of the systems.
    7. The Paperwork Reduction Act does not apply to the rules adopted 
herein as such rules apply to less than ten persons.
    8. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in 
Commission rules. See generally 47 CFR Sections 1.202, 1.203, and 
1.1206(a).
    9. Pursuant to applicable procedures set forth in sections 1.415 
and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before May 2, 1997 and reply comments 
on or before May 23, 1997. To file formally in this proceeding, you 
must file an original and five copies of all comments, reply comments, 
and supporting comments. If you want each Commissioner to receive a 
personal copy of your comments, you must file an original plus nine 
copies. You should send comments and reply comments to Office of the 
Secretary, Federal Communications Commission, Washington, D.C. 20554. 
Comments and reply comments will be available for public inspection 
during regular business hours in the FCC Reference Center of the 
Federal Communications Commission, Room 239, 1919 M Street, N.W., 
Washington, D.C. 20554.
    10. This action is taken pursuant to Sections 1, 4(i), 4(j), 7, 
303(r) and 309(j) of the Communications Act of 1934, as amended, 47 
U.S.C. Secs. 151, 154(i), 154(j), 157, 303(r) and 309(j).

List of Subjects in 47 CFR Part 25

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements, Satellites.

    Federal Communications Commission.
William F. Caton,
Acting Secretary.

Proposed Rule Changes

    For the reasons stated in the preamble, the Commission proposes to 
amend 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

    1. The authority citation for Part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744, Sec. 4, as amended; 47 U.S.C. 154. 
Interprets or applies sec. 303, 47 U.S.C. 303. 47 U.S.C. sections 
154, 301-303, 307, 309, and 332, unless otherwise noted.

    2. A new paragraph (e) to Sec. 25.144 is added to read as follows:


Sec. 25.144  Licensing provisions for the 2.3 GHz satellite digital 
audio radio service.

* * * * *
    (e) Licensing of satellite DARS complementary terrestrial 
repeaters. Satellite DARS licensees may construct and operate 
terrestrial transmitters to retransmit signals received from their 
operating DARS satellite(s) on the exclusive frequency assignment of 
the licensee and for use of the same bandwidth as the satellite space 
station(s). Terrestrial gap-fillers shall not be used to originate 
programming or transmit signals other than those received from the 
authorized DARS satellite. Nor shall terrestrial gap fillers be used to 
extend satellite DARS coverage outside of the satellite systems' 
authorized service area. Terrestrial gap-fillers may be implemented by 
a satellite DARS licensee only after obtaining prior Commission 
authorization and the licensee demonstrates the following:
    (1) International coordination. Satellite DARS licensee must 
demonstrate that its repeating transmitter is located at a distance 
sufficiently away from the Canadian and Mexican borders or otherwise 
obtain prior coordination with adjacent country co-frequency systems;
    (2) Antenna structure clearance required. Satellite DARS licensees 
shall demonstrate that its repeating transmitter construction or 
alteration will comply with the requirements of Sec. 17.4 of this 
Chapter;
    (3) Environmental. Satellite DARS licensee shall demonstrate that 
its repeating transmitter(s) comply with the Commission's Rules for 
environmental effects as defined by Secs. 1.1301 through 1.1319 of this 
Chapter.
    3. The definition of satellite digital audio radio service in 
Sec. 25.201 is revised to read as follows :


Sec. 25.201  Definitions

* * * * *
    Satellite Digital Audio Radio Service (``satellite DARS''). A 
radiocommunication service in which audio programming is digitally 
transmitted by one or more space stations directly to fixed, mobile, 
and/or portable stations, and which may involve complementary repeating 
terrestrial transmitters.

[FR Doc. 97-9728 Filed 4-17-97; 8:45 am]
BILLING CODE 6712-01-P