RCR Wireless News' Jeffrey Silva says there's a battle brewing between WiMax vendors and XM Radio.

It all started when XM disclosed to the FCC on October 2nd that 221 of its land-based repeaters are operating above authorized power levels, and 19 are operating at sites outside the scope of XM's FCC permit.

"The terrestrial components of satellite radio services operate on frequencies adjacent to those licensed to wireless broadband licensees in the 2.3 GHz band, but the FCC has failed to date to craft permanent rules governing the land-based transmissions of satellite radio operators," Silva writes. "Instead, the agency issues 'special temporary authority,' or STA, authorizations to digital satellite radio service providers. The situation worries wireless broadband companies that intend to invest millions of dollars in coming years on WiMAX systems in the 2.3 GHz and 2.5 GHz bands."

"The revelation by XM certainly supports a full enforcement investigation before the FCC grants any additional STAs," says Paul Sinderbrand, outside counsel to the Wireless Communications Association International.

More here from the Washington Post.