Satellite Radio's New Local Content Riles Broadcasters

By SARAH MCBRIDE
Staff Reporter of THE WALL STREET JOURNAL

July 25, 2005; Page B1

http://online.wsj.com/article/0,,SB112225495906094590,00.html?mod=technology_main_whats_news


Local traffic and weather reports are among the most basic services radio can provide. Now, these features are the latest front in a widening battle between broadcasters and their upstart satellite radio competitors.

XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc. are moving quickly to add local features to their services, hoping to make a dent in a stronghold of traditional broadcasters. Both XM and Sirius already offer traffic and weather channels in certain major markets.

Now both companies show signs of wanting a bigger local presence. XM recently made a deal to buy additional spectrum that will enable it to offer more elaborate services in some markets. Last month, Sirius said it had developed technology that would allow it to squeeze 25% more capacity from its share of the spectrum, potentially enabling it to offer more locally tailored programming.

The plans could allow satellite broadcasters to go further in offering services aimed at specific cities or regions, such as local news, interviews with personalities and political candidates, or shows directed at ethnic markets, such as Filipinos living in Los Angeles.

These possibilities have amplified an already loud cry from traditional radio broadcasters, who see the localization efforts by XM and Sirius as an invasion of their turf. These terrestrial broadcasters have used the absence of local content on satellite as a way to dismiss the new medium, saying local features allow their own stations to connect with their listeners in ways satellite can only dream about. If satellite services continue fine-tuning their content for specific markets, regular radio stations could lose that advantage -- and, potentially, the accompanying advertising dollars.

Longtime radio broadcasters say that is a betrayal of satellite's formal mandate. They argue that, when the Federal Communications Commission agreed to award satellite radio licenses in 1997, it acted with the understanding that satellite would be a national service only. Satellite providers say they never made such a promise, and there is nothing in their licensing agreements forbidding local programming.

Broadcasters already have been hammering at the issue, with many running announcements that put down their satellite competitors' lack of localization. "I like the radio I already have -- the local news, the local weather," a woman explains in one spot run by radio station chain Entercom Communications Corp., which ends with the tag line, "Brought to you by your hometown station."

The National Association of Broadcasters, the TV and radio industry's main trade group, has seized on XM's spectrum acquisition as a chance to rally forces against satellite's advances into local content. XM is acquiring WCS Wireless LLC, a Carson City, Nev., company that controls parts of the wireless spectrum right next to XM's satellite radio spectrum in key areas. Buying that spectrum will enable XM to target local markets and create data services, video or other programming specifically for those cities.

The FCC just opened a comment period for the acquisition, a routine procedure for any license transfer. "We'll be taking the opportunity to make our case," says an NAB spokesman. That will likely unleash a flood of comments from radio executives saying that satellite should stay out of local radio.

But the NAB isn't waiting on the FCC. The day after XM announced its plans, NAB President Eddie Fritts sent a letter to every member of the House of Representatives, calling XM's pending acquisition "part of a longstanding pattern of deception by the satellite radio industry."

He asked members to support a bill introduced this year by Chip Pickering (R., Miss.) and Gene Green (D., Texas) that would prevent satellite services from using their on-the-ground repeaters, which strengthen the national satellite signal in certain areas, to deliver content to some locations and not others.

The bill also would mandate the FCC to examine the legality of delivering local content on nationally distributed channels and would forbid satellite radio from using any technology created in the future to deliver local content. So far, the bill is stuck at the subcommittee level with little chance of seeing action before the autumn at earliest.

As recently as December 2003, XM pledged that it wouldn't use its array of local satellite repeaters to deliver content only to specific markets. The spectrum XM is buying from WCS wouldn't be covered under that agreement because it isn't part of the satellite band, but instead uses a different frequency. At least for now, XM isn't handcuffed when it comes to using that WCS spectrum.

"WCS rules are very flexible," says an FCC spokesman. "You can use [WCS] to do anything for which the spectrum is allocated." That includes fixed, mobile or broadcast satellite transmissions, he says, adding there are no rules requiring WCS content to come via a satellite or a national feed. The FCC typically approves license transfers in about 60 days; XM filed its application July 15.

Local weather and traffic snuck onto satellite radio early last year by using channel space with national reach to deliver local information. Sirius channel 153, for example, includes traffic and weather for both Los Angeles and San Diego; it is accessible elsewhere, but not likely of much use to people outside those areas.

The setup allows satellite operators to say the channels are national, even if they are of interest only to certain communities. With XM's eventual use of WCS technology, it could target content to individual markets.

In April 2004, the National Association of Broadcasters filed a petition with the FCC to try to prevent XM and Sirius offering locally oriented content all over the country, saying the services violated XM's and Sirius's licenses.

XM and Sirius rallied powerful supporters such as the Consumer Electronics Association and the Department of Transportation. XM also got thousands of its subscribers to weigh in with the FCC. In November, the NAB withdrew the petition, saying it needed to present a fuller picture of how satellite's moves would hurt broadcasters.

Mr. Parsons, XM's chairman, declined to comment on XM's exact plans for the new spectrum. He noted it could offer more programming and data services, such as audio books, in local markets. XM already offers a real-time traffic service separately from its radio service that helps drivers by indicating the least-crowded routes on a display screen.

The service, called XM NavTraffic, requires customers to buy a special screen and pay a monthly fee; XM radio subscribers get these traffic subscriptions at a discount.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu


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