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Equally important was the capability of SDAR to broadcast continuously across the entire continental United States.
The anywhere, anytime listening convenience of SDAR has one considerable drawback--interference.
The FCC in response to these concerns issued a Special Temporary Authority Order to both SDAR licensees to coordinate with the affected services and shut down any repeater causing interference immediately.
A legal issue arises as to the liability faced by SDAR operators interfering with other licensed entities.
SDAR TECHNOLOGY, TERRESTRIAL RADIO, AND WIRELESS DEVICES
Satellite Digital Audio Radio Service is "a radio communication service involving the digital transmission of audio programming by one or more space stations directly to fixed, mobile, or portable stations, which may utilize complementary repeating terrestrial transmitters, telemetry, tracking and control facilities." (18) The satellite used in operation of SDAR is a geostationary satellite.
SDAR operates on the S-Band frequency at 2310 to 2360 Megahertz (MHz).
(25) The reason for diversity in licensing between SDAR and traditional FM and AM radio is a result of technological differences.
SDAR, being a satellite signal, requires a line of sight in the same way that FM radio does.
(61) The provisions regarding the SDAR bidding procedure are noted in the Code of Federal Regulations.
(81) The question of whether the 1934 Communications Act completely preempts state common law tort actions against SDAR licenses has not been addressed.
The next section explores legal theories preserved through the savings clause and their suitability to the SDAR electrical interference situation.
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