Recall Noncompliant XM, Sirius Radios, NAB Urges FCC
It’s not enough that Sirius and XM have stopped shipping plug & play radios with wireless FM modulators found to exceed FCC power emission limits, NAB Pres. David Rehr told Chmn. Martin in a letter late Fri. Halting the shipments does “nothing to address non-compliant products already in consumers’ hands or those already shipped to distributors and retailers,” Rehr said.
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The NAB wants the FCC to “seek recall” of the noncompliant devices from XM’s and Sirius’ distributors and retailers, Rehr said. Such action “is necessary to prevent even more disruption to listeners’ use and enjoyment of free over-the-air radio services, including new digital services, and the Commission has clear authority to vigorously enforce its rules regarding non-compliant devices,” Rehr said.
An NAB engineering study sent to the Commission in June found that of 17 wireless devices tested 13 exceeded FCC power emission rules, some by “extraordinary levels,” Rehr said: “In light of these test results, it is hardly surprising that interference from such devices is causing ‘bleed through’ so that consumers listening to FM radio receive unwanted satellite radio programming via FM frequencies.”
Rehr’s letter mentions only satellite radio, but NAB wants the Commission to recall all noncompliant wireless devices, a spokesman told us. Of the 17 devices tested, some were for use with MP3 players. Broadcasters’ ire, focused on satellite radio, also includes devices whose interference may exceed FCC rules, he said. NAB hopes “the FCC will consider our request promptly,” said the spokesman.
An FCC spokesman declined to comment on the feasibility of a recall or on agency FM modulator test criteria, called “unclear” by XM and Sirius executives -- all obscuring the path to resolving the issue. But a source at the FCC said Commission test methods for FM modulator emissions “are clear enough that the companies knew they were not in compliance.”
Fri. wasn’t the first time NAB complained to Martin and Senate Commerce Committee Chmn. Stevens (R-Alaska) about interference from unlicensed devices. Last month, the group griped about the problem in letters to Martin and the rest of the Senate committee (CD June 23 p8), citing the study discussed in the latest volley. Asked why NAB wrote Martin again, the spokesman said: “The Friday letter was sent merely to reiterate the importance that NAB places on eliminating devices that jeopardize consumer reception of interference-free radio.” Meanwhile, NAB said it’s seeking FCC permission to let AM radio stations use FM translators. NAB said comments to the FCC are due Aug. 24, replies Sept. 8.
XM didn’t return calls seeking comment on the NAB letter. But XM executives told analysts last week “sporadic” product shortages have followed halts in shipment of noncompliant radios. Not knowing when the issue will be resolved forced XM to cut its 2006 subscriber target for the 2nd time in as many months (CD July 28 p6). Sirius didn’t return calls, either, but it’s expected to comment on the matter in a Q2 earnings call scheduled for today (Tues.).