**DA 04-1096**

**April 27, 2004**

**MEDIA BUREAU ACTION**

**REQUEST FOR COMMENT ON PETITION FILED BY THE NATIONAL ASSOCIATION OF
BROADCASTERS REGARDING PROGRAMMING CARRIED BY SATELLITE DIGITAL AUDIO
RADIO SERVICES**

On April 14, 2004 the National Association of Broadcasters (NAB) filed a
Petition for Declaratory Ruling. NAB's Petition requests the Commission
to 1) prohibit satellite digital audio radio service ("SDARS") from
using any technology to permit the delivery of content that would be
aired on a receiver in one location that differs from the content that
would be aired on a receiver in a different location; and 2) prohibit
SDARS providers from providing locally oriented services on nationally
distributed channels. Alternatively, NAB requests the Commission to
reopen the SDARS licensing proceeding to evaluate the impact of the
service on local broadcasting. We request public comment on the issues
raised by this Petition. We are assigning this proceeding a Commission
docket number, MB 04-160, in order to facilitate filing public comment.

Pursuant to Section 1.1200(a) of the Commission's rules, 47 C.F.R.
1.1200(a), this proceeding will be governed by permit-but-disclose *ex
parte* procedures that are applicable to nonrestricted proceedings under
Section 1.1206 of the Commission's rules, 47 C.F.R.§ 1.1206.[^1]
Permit-but-disclose *ex parte* procedures permit interested parties to
make *ex parte* presentations to the Commissioners and Commission
employees and require that these presentations be disclosed in the
record of the relevant proceeding. Persons making a written presentation
to the Commissioners or Commission employees must file the written
presentation with the Commission, as set forth below, no later than the
next business day after the presentation. 47 C.F.R. §1.1206(b)(1).
Persons making oral *ex parte* presentations must file a summary of the
presentation, as set forth below, and deliver copies to the
Commissioners or Commission employees involved with the presentation no
later than the next business day after the presentation. 47 C.F.R.
§1.1206(b)(2). All *ex parte* filings must be clearly labeled as such
and must reference MB 04-160.

Parties making oral *ex parte* presentations are directed to the
Commission's statement reemphasizing the public's responsibility in
permit-but-disclose proceedings and are reminded that memoranda
summarizing the presentation must contain the presentation's substance
and not merely list the subjects discussed. More than a one or two
sentence description of the views and arguments presented is generally
required. S*ee* 47 C.F.R. §1.1206.

Parties may file responses to the Petition on or before **June 4, 2004**
and replies on or before **June 21, 2004**. Please place the docket
number **MB 04-160** on all filings.

The Petition is available for public inspection in the Commission's
Reference Information Center:

445 12^th^ Street, S.W.

Washington, D.C. 20554

202-418-7092

This document is also available to individuals with disabilities
requiring accessible formats (electronic ASCII text, Braille, large
print, and audiocassette) by contacting Brian Millin at (202) 418-7426
(Voice), (202) 418- 7365 (TTY), or by sending an email to
[bmillin@fcc](mailto:bmillin@fcc.gov).

Copies of the Petitions and other pleadings are available for purchase
from:

QUALEX INTERNATIONAL

202-863-2893

When filing responses or replies, one copy of each pleading must be
served on all parties, and an original and two copies of all pleadings
should be addressed to:

Office of the Secretary

Federal Communications Commission

445 12th Street, S.W.

Washington, D.C. 20554

Attn: Media Bureau

Parties are encouraged to file comments using ECFS. *See Electronic*
*Filing of Documents in Rulemaking Proceedings,* 63 Fed. Reg. 24,121
(1998). Comments filed through the ECFS can be sent as an electronic
file via the Internet to
\<[http://www.fcc.gov/e-file/ecfs.html](http://www.fcc.gov/e-file/eefs.html)\>.
Generally, only one copy of an electronic submission must be filed. In
completing the transmittal screen, commenters should include their full
name, Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit an electronic comment by
Internet e-mail. To receive filing instructions for e-mail comments,
commenters should send an e-mail to <ecfs@fcc.gov>, and should include
the following words in the body of the message, "get form \<your e-mail
address\>." A sample form and directions will be sent in reply.

Paper filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). The Commission\'s contractor, Natek, Inc., will receive
hand-delivered or messenger-delivered paper filings for the
Commission\'s Secretary at 236 Massachusetts Avenue, N.E., Suite 110,
Washington, D.C. 20002. The filing hours at this location are 8:00 a.m.
to 7:00 p.m. All hand deliveries must be held together with rubber bands
or fasteners. Any envelopes must be disposed of before entering the
building. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express
Mail, and Priority Mail should be addressed to 445 12th Street, SW,
Washington, D.C. 20554. All filings must be addressed to the
Commission\'s Secretary, Office of the Secretary, Federal Communications
Commission.

Media Contact: Michelle Russo, (202) 418-7200

Media Bureau Contact: Rosalee Chiara, (202) 418-0754

\-- FCC \--

[^1]: An *ex parte* presentation is any communication (spoken or
    written) directed to the merits or outcome of a proceeding made to a
    Commissioner, a Commissioner's assistant, or other decision-making
    staff member, that, if written, is not served on other parties to
    the proceeding or, if oral, is made without an opportunity for all
    parties to be present. *See* 47 C.F.R. §1.1202.