A halt in production from both XM and SIRIUS just isn't enough for the NAB. Now they want the FCC to recall all satellite radios that are not in compliance. NAB President David Rehr (pictured) wrote the following in a letter to FCC Chairman Kevin Martin:

"NAB continues to be concerned about the interference caused to free over-the-air radio services by satellite radio devices not in compliance with the Commission’s rules. To ensure that the scope of this problem is not expanded, NAB urges the Commission to take steps to halt the further distribution and sale to consumers of additional satellite radio devices failing to comply with Part 15 of the Commission’s rules."

"Although press reports indicate that XM and Sirius have requested their manufacturers to suspend production of noncompliant devices, these actions do nothing to address noncompliant products already in consumers’ hands or those already shipped to distributors and retailers. NAB would urge the Commission to seek recall of noncompliant devices from XM’s and Sirius’ major distributors and retailers. 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 noncompliant devices."

He says nothing about the disruption to listeners' use and enjoyment to people who own the satellite radio receivers that would be recalled. Thanks buddy.

Feel free to email David Rehr, at drehr@nab.org and let him know what you think.

[via FMQB]

UPDATE: Read the entire letter here (PDF). 

In a filing this morning, SIRIUS Satellite Radio has announced that they have advised manufacturers of some of their receivers, to halt production.

From the filing:

We directed manufacturers of Sirius radios with FM transmitters to suspend manufacture and shipment to retailers of non-compliant devices and to make the necessary changes in production to bring the radios into compliance.

Late last month I heard the same thing, which was later confirmed by Directed Electronics (a distributor and key hardware partner on a broad selection of SIRIUS receivers).

The filing had no mention as to exactly when Sirius told manufacturers to halt production, or exactly which receivers will be affected.

[SIRIUS Form 8-K]
Thanks Matthew!

Looks like XM isn't out of hot water with the FCC just yet. In a recent filing, XM Satellite Radio has stated that they obtained new FCC certifications in mid-June for modifications performed on equipement based on in-vehicle testing of three representative vehicles.

XM has recently been informed that the new equipment certifications have been dismissed (but not denied) by the FCC.

According to the filing, dismissal allows the equipment certifications to be reinstated if the equipment is deemed compliant. XM is working to finish the necessary modifications, or will conduct additional testing for XM radios to address any uncertainties in the testing results.

In the meantime, XM is working to limit interruptions in supply of certain models of XM radios to retailers.

[XM Form 8-K] (PDF)

As it's been widely reported, NPR has received numerous complaints from listeners about interference of satellite radio content on many of their stations. As a result, NPR Labs is running tests on several satellite radio devices for several weeks "to demonstrate the frequency of occurrence and investigate the instances of excessive field strengths from FM modulators," said NPR Vice President and Chief Technology Officer Mike Starling, who is executive director of the lab.

One of the big issues is with how some people are installing their radios. For instance, the "FM Switching Box" (like the Audiovox's SRSIR-001FM pictured) normally installs behind the car radio and allows users to directly input into the car's antenna. Starling believes some people are installing the devices improperly, stripping a wire and taking the output of the satellite receiver directly to the antenna input of the car.

"The problem with that is, when you turn on the FM radio, the satellite signal is fed into the car, but it's also sent back up the antenna and radiated out of the car antenna so the car is acting like a station," said Wilson.

WYPR/Baltimore and WDIY/Philadelphia are having the most problems with interference from FM modulated devices. Check out a sample of the complaints after the jump. They're a hoot.

XM Satellite Radio asked a federal judge to throw out the RIAA's lawsuit on Monday. In the court filing, XM Satellite Radio uses the 1992 Audio Home Recording Act as it's basis for arguement, in fact highlighting the fact that the RIAA's case does not even mention the AHRA (a statute that the RIAA themselves endorsed). It's odd that legislation that the RIAA has urged the enactment of is not being brought up in the civil lawsuit.

XM continues:

The AHRA was enacted to encourage the development of "digital audio recording devices" by prohibiting the filing of copyiight infingement suits, such as this one, based on the manufacture, importation. distribution and use of such devices. The inno - an AHRA compliant radio/recorder distributed by defendant XM Satellite Radio Inc. ("XM') is a "digital audio recording device" within the meaning of the AHRA. Accordingly, the AHRA mandates dismissal of this action.

One of the main points by the RIAA in their lawsuit is the claim that XM Radio's license is limited to playing music in "non-interactive radio-like service" - and that with the introduction of the Pioneer Inno, XM has somehow breached this license. XM disputes this point because of what an "interactive service" is defined as under the Copyright Act: one that "enables a member of the public to receive a transmission of a program specially created for the recipient, or on request, a transmission of a particular sound recording... which is selected by or on or behalf of the recipient."

XM is not an "interactive" service. Being able to call up XM and request a song, like terrestrial radio, does not make XM "interactive" as is defined under the Copyright Act. XM subscribers can only hear what XM chooses them to hear, and transmission is not "distribution" as the RIAA alleges.

The RIAA is going to have a hard time disputing these facts without the use of misinformation and rhetoric as they have been doing. Also on Monday, the Consumer Electronics Association - joined by the  Home Recording Rights Coalition - sided with XM Satellite Radio in a court filing stating that the company was protected against such lawsuits by the 1992 AHRA law.

[more on Forbes]

XM Satellite Radio is not sitting on their hands when it comes to the PERFORM Act (which the Senate Judiciary could take up as soon as the end of July).

Following the misinformed letter from Congressman Tom Latham, here's a fact-sheet created by XM (PDF) that outlines specifically what the Pioneer Inno and Samsung Helix can and cannot do. Two key points:

• Users cannot automatically record individual songs or artists.
  
• Users cannot pick what songs are played on XM, or access a playlist of songs that are to be played.
  

It's amazing how much misinformation is being spread by the RIAA regarding the capabilities of the Inno and Helix. These devices are no different than cassette recording, but with slick PR and well connected lobbyists, the RIAA is making sure to spread misleading statements.

In fact to illustrate the far reaching tentacles of the RIAA: the Senator who is championing the PERFORM act - Senate Majority Leader Bill Frist R-Tenn. (arguably the most powerful Republican in the Senate) - appears to have some special interest in getting the PERFORM Act to the floor.

"I guess he sees this as his last chance to do something parochial for his constituents," a GOP aide said to Roll Call (PDF), referring to the multibillion-dollar country music industry centered in Nashville, Tenn. "It was made pretty clear at the staff level — there would be very little chance this [telecom] bill would get floor time if this wasn’t in the bill."

But beyond a home-state interest, another enlightening fact is that the former Frist Chief of Staff - Mitch Bainwol - now heads the RIAA. Connected? You think? In recent House testimony, the RIAA’s Bainwol said, "With these devices, you can tape without listening. That’s not old-fashioned listening to the radio. You’ve changed the fundamental nature of radio." (Is it really? Have you really?)

To your right is an ad that XM recently ran in two Capitol Hill newspapers: Roll Call and The Hill (PDF).

It highlights a real-life scenario of an artist - struggling to sign with a Nashville label - who was able to gain an audience thanks to satellite radio.

If the RIAA was truly concerned about the artists, and not in stifling technology that might be a threat to CD sales, they would work with the satellite radio industry rather than against it.

The ironic thing is that they're going against an industry that can lengthen the long tail of CD sales by promoting back-catalog and indie artists. What's unfortunate is that they don't see that (or choose not to), and it's even more unfortunate that powerful Senators like Bill Frist are in their pocket - helping bring this battle to Washington, rather than where it belongs - on the free market.

PDFs:
[Roll Call Article] (highly recommended)
[Inno/Helix Fact Sheet]
[XM Artist Ad]

(If you haven't done so already, please write your Senator and voice your opposition now. Time is running out.) 

A concerned reader took XM's advice and contacted his state's congressmen to express his feelings about the PERFORM Act (aka the anti-satellite radio bill), and the response he got back made him really mad. And reading it makes me pretty ticked off as well.

So, in the interests of public knowledge, here's the letter completely unedited (minus the recipient's name).

Is Congress really looking out for our "best interests" (i.e., not stifling technology) or in the interests of campaign finances?

You be the judge. Read the letter after the jump...

The FCC will be tackling the issue of Satellite Radio's impact on Terrestrial Radio at their next meeting. The agenda for the FCC Open Hearing includes the item"Digital Audio Broadcasting Systems And Their Impact On The Terrestrial Radio Broadcast Service" - scheduled for next Thursday, July 13th.

The NAB has been voicing constant opposition to satellite radio, from stating that satellite should be subjected to indecency regulations (because of the free trial subscriptions) to saying that satellite hasn't been honest in staying as a 100% national service. This meeting will gives the NAB the opportunity to press its case, but the FCC has historically been pro-satellite because they tend to favor new services.

This should be interesting.

[via Inside Radio and All Access]