NAB Asks FCC Dismiss Anti-Satcaster Petition; XM is ‘Vindicated’

NAB has asked the FCC to dismiss its request that the commission clarify that satellite radio is to be a national service and assess its effect on terrestrial broadcasters – temporarily. XM called the April petition “a waste of the commission’s resources” and says NAB’s action is “a complete vindication of our position that XM has complied and continues to comply with FCC rules. NAB’s action validates that there are no content restrictions on XM.” The satcaster went on to say it believed the commission was about to vote against the petition.
NAB told the FCC that it needs more time to develop a complete record in its bid to demonstrate why XM Satellite Radio and Sirius Satellite Radio are transforming from “what was intended to be a national radio service complementary to local broadcasting into one that will have a highly detrimental impact on local broadcasters’ ability to serve the needs of their listeners.”
NAB cites satellite radio’s development of addressable receivers, and XM NavTraffic in particular, as technology that enables local content to be stored and later delivered to subscribers, “mimicking a local broadcast service.”
The trade association intends to re-file its Petition for Declaratory Ruling at a later date.
NAB originally filed the petition in April. Consumer Electronics Association, the US Department of Transportation, the Satellite Broadcast and Communications Association opposed NAB on the issue. XM mobilized 25,000 customers to file responses against the petition, although by our reading of the filings at the time, many of them did not understand the issue, believing erroneously that NAB wanted to take their service away.