Orbitcast: August 2007 Archives

August 2007 Archives

New Orbitcast feature to be unveiled (tomorrow!)

| 24 Comments

Tomorrow, September 1st, Orbitcast will be launching a new feature that will conjoin a convoluted cacophony of confusion with a mashup of mass mayhem and madness. We've secretly been testing it out, and thanks to help of a select few readers, we're finally ready to launch.

But rather than have ME talk about it... let's see what others in the satellite radio industry are saying....

OMG! A NEW ORBITCAST FEATURE!!!111
COMING SEPT 1ST!!

...check back tomorrow, when all will be revealed.

24 Comments

Is the Sirius-XM merger "good for diversity"?

| 7 Comments

Diversity in Satellite Radio?A big hot button with the FCC is "diversity in media" - where African-Americans, Hispanics, Women and others have a strong presence in todays media - not just in the sense of programming, but in ownership as well.

And when many diverse groups, including the NAACP and LULAC, came out in favor of the merger many wondered how a merger improve diversity. The two words seem to, by definition, work against each other.

An article today in Black Enterprise explains it all. In short, XM has "The Power" (ch 169) and carries shows featuring Oprah Winfrey, Maya Angelou, Wynton Marsalis and Tyra Banks. Sirius also offers shows featuring Black celebrities and sports figures such as Keyshawn Johnson, Tiki Barber, Jamie Foxx and 50 Cent.

XM's President and interim-CEO Nate Davis, is an African American and a member of XM’s board since 1999. Davis plans to play a pivotal role in the new company if the merger is approved.

By contrast, only 1/8th of full-power radio stations are run by women and people of color in the U.S., and that's despite being two-thirds of the population. Even radio companies like Greenstone Media, with the financial backing of Gloria Steinem, Jane Fonda, and Susan Ness, couldn't survive in today's radio environment. And that's a pretty sad state of affairs.

Now I don't think it's being suggested that a merging of Sirius and XM will miraculously fix the media diversity problem, but both satellite radio providers already have dedicated themselves to providing diverse programming. So I think the thought is that by empowering a combined company to better compete, it opens up more opportunity for diverse programming to reach the population.

[Black Enterprise]

7 Comments

Timex XM Alarm Clock Radio on Woot!

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Timex XM Alarm ClockStill need to hook up your dorm room with a good alarm clock? Check out the Timex XM Alarm Clock Radio available on Woot! for a meager $49.99.

Includes a line-in for your iPod, and a line-out for additional speakers (to ensure you wake up for that Friday-morning class).

The Timex XM-Ready Alarm Clock (TMX1A) also comes with an XM CNP-100 Connect-and-Play Antenna (which normally ranges from $40-$50 by itself), plus a one-year warranty thrown in for good measure. All you need is an XM sub, and you're good to go.

(Tip to parents: big, loud, alarm clocks - preferrably with XMLM set as a preset - are a necessity in college.)

[Woot!]
Thanks Mike!

6 Comments

Sirius/XM spent $810k on lobbying... NAB spent $4.3 million

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National Association of BroadcastersXM and Sirius together spent a total of $810,000 in the first half of 2007 to lobby the federal government, yet the NAB spent a total of $4.3 million during the same period, according to a disclosure form.

XM Satellite Radio spent $580,000, according to public records. Sirius Satellite Radio lobbying firms - the Paul Laxalt Group, Quinn Gillespie & Associates and Ricchetti Inc. - spent $230,000 total through separate filings. A fourth lobbyist, the Amani Group, has not filed a lobbying report yet.

The NAB, which represents roughly 7,000 radio stations, lobbied on various issues including the satellite radio merger, according to the Senate’s public records office. In addition to Congress, the NAB used the $4.3 million to lobby the FCC and the U.S. Patent & Trademark Office.

Under a 1995 law, lobbyists are required to disclose any activity that could influence executive and legislative branch members.

[Forbes]

4 Comments

ITT wins air traffic control contract (sorry XM)

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Ouch, that's gotta hurtThe FAA has selected ITT Corp to build the first portion of a new satellite-based air traffic control system.

ITT beat competitors Lockheed Martin and Raytheon for the $1.8 billion project that could give the company a leg up in securing other contracts related to the air-travel system.

The proposed system, which the FAA said posed "no technical risks," uses GPS technology to replace the FAA's aging network of 50-year-old ground-based analog radar technology.

Lockheed was considered the favorite for bagging the deal, while Raytheon's proposal included the XM WX Weather service as part of the offering.

[Wall Street Journal]

3 Comments

John Madden returns for 4th season on Sirius

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John MaddenVeteran NFL broadcaster and Super Bowl winning head coach John Madden will be returning for his 4th season as a commentator on Sirius NFL Radio (ch 124).

Throughout the 2007 NFL season, Madden will join Adam Schein and Gil Brandt every Sunday on "The Stadium Tailgate Show," Sirius NFL Radio's pre-game program which airs Sundays from 9am - 12pm ET. Madden will also appear every Friday and Monday throughout the season on "The Afternoon Blitz," the talk show hosted by Schein, Solomon Wilcots and Jim Miller that airs weekdays from 3 - 7pm ET on Sirius NFL Radio.

One of the most popular broadcasters in all of sports, Madden is entering his 27th season as an NFL analyst. He has been a Sirius NFL Radio commentator since 2004 and currently serves as lead analyst for NBC's Sunday Night Football broadcasts.

2 Comments

Garmin unveils 700 series... where the heck are we?

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Garmin Nuvi 770Garmin, the market share leader when it comes to personal navigation devices, has just taken the wraps off of their latest generation GPS devices: the nuvi 750, nuvi 760 and the nuvi 770.

The nuvi 700 series is packed full of cool features, like a "car locator" so you don't need to remember where you parked. It also includes a built-in MP3 players with Audible support, and a handy-dandy built-in FM transmitter (hey... remember those?) so you can either listen to your tunes or the turn-by-turn directions through your car stereo. The 760 and 770 also can receive real-time traffic reports, and let you steer clear of them.

But wait... where's the satellite radio support? There is none.

The real-time traffic data, is provided by an integrated FM TMC (Traffic Message Channel) traffic receiver. In the U.S., that data is provided by Clear Channel's Total Traffic Network. Not XM or Sirius.

And the MP3/Audible support is all you're going to find in the audio category. Never mind that they have that built-in FM transmitter issue already taken care of.

I've already ranted about how Sirius and XM have missed the boat when it comes to the personal GPS market, and this is just another example.

This morning, Garmin CFO Kevin Rauckman was on CNBC talking about the company's outlook, and he mentioned that they're focusing more on the Retail channel more than the OEM channel. The reasoning was that Retail just moved much faster than OEM, and they're just seeing much more sales on the Retail side.

This is exactly the opposite of satellite radio's strategy. Being included in personal GPS devices could be an opportunity for satellite radio on the retail side. It provides access to an affluent market who's willing to spend $500+ on a device, and if XM/Sirius applied the OEM model to Retail (i.e., complimentary 3-month or 6-month subscription), they gain access to more ears as well.

It's time to get on the ball with this one.

[Garmin Press Release]

11 Comments

XM to debut "Car-B-Q" Microchannel

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XM Car-B-QWhile you're stuck in grueling traffic this Labor Day Weekend, XM will be keeping the music in overdrive with a channel dedicated to nothing but songs about cars and driving: Car-B-Q.

"Car-B-Q" will air this Saturday, September 1st at Midnight ET throughout the weekend until Monday, September 3rd at 5PM ET on XM Live (ch 120).

It's all about cars and life on the road, mixing automobile music of every genre to make your drive a (somewhat) more pleasant one. You'll be sure to hear the songs you love including classics like "Hot Rod Lincoln," "Little Red Corvette," "Highway Star" and of course "Low Rider" - all so you don't have to hear the words "are there yet?"

[XM Car-B-Q]

5 Comments

Sirius Disorder to remain, Planet Jazz to retire

| 30 Comments

SiriusBased on yesterday's announcement that the Grateful Dead Channel will be on Sirius channel 32 starting on Sept. 9th, the question remained of what will become of Sirius Disorder (who currently resides in that slot).

The official word is that Sirius Disorder will be moving to channel 70. As a result, Planet Jazz (who currently resides in the channel 70 slot) will subsequently be retired.

[Sirius Disorder, Planet Jazz]

30 Comments

Slacker launches MySpace Widget

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Slacker MySpace
Slacker continues to impress with their innovation and foresight. This time from a social media perspective, Slacker has unveiled a MySpace widget allowing you to embed your own customized station onto your MySpace page.

Check it out by going to Slacker.com, create or listen to one of your stations (custom station or just a regular preset station works) and then go to "Station Options" and select "Share This Station."

There you'll see a "MySpace" button which gives you the code to embed onto your MySpace page. You get two options for MySpace players - one shows just the album art and player; the other gives additional channel details.

Of course, you're not limited to just MySpace. The code can be embedded pretty much anywhere on the web. I've embedded the Comedy channel right in this post (after the jump).

This is impressive on many different levels. First, it fulfills a need because it keeps your MySpace page fresh yet still personalized. MySpace, aside from having the most market share, has undoubtedly done a lot in terms of music discovery, and a customizable internet radio channel just makes sense. Second, from a viral marketing standpoint, it's brilliant. The Slacker Widget beats the heck out of what Pandora offers as a widget, and bests the likes of Sirius or XM who don't offer anything like this. Satellite Radio should probably reevaluate this strategy - even if with just a limited selection of channels - because the viral nature of having an embeddable widget may prove extremely valuable (more than the email addresses acquired from the 3-day trials).

Check out the Slacker MySpace Widget after the jump (RSS/Email readers will need to click through to view)...

4 Comments

Insider trading indication of merger optimism?

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XMSRIs the "largest insider purchase ever" at XM Satellite Radio an indication of the increased chances of a Sirius-XM merger? That's what the Wall Street Journal is suggesting in an article today.

XM director Jeffrey Zients reported Friday buying over $3 million worth of XMSR shares.
Zients paid $11.14 a share for 270,000 XM shares last Wednesday, according to the Securities and Exchange Commission filing. The purchase represents the largest reported purchase by an insider since XM went public in 1999.

So is this an indication some "insider knowledge" that the XM-Sirius merger will go through? With a decision expected to be several months away, that seems like a stretch to many.

Another possibility is that it's an indication of the pending decision by the FAA to revamp its air traffic control system, of which XM is an integral part of Raytheon's proposal. The FAA is expected to announce the multi-billion dollar decision this week.

XM superstar-spokesman Chance Patterson said Mr. Zients "did not want to comment" on his stock transaction. The insider purchase is the first at XM for Zients, so maybe it just seemed like a good time to buy?

What's your opinion?

[Wall Street Journal]

10 Comments

XM launches online College Football contest

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XM Select & Connect Football Challenge
As fans gear up for the 2007 college football season, XM has kicked off their "XM Select & Connect Football Challenge" to give pigskin prognosticators the chance to win prizes including the "Ultimate College Football Road Trip" grand prize.

To play, register on xmselectandconnect.com and select the winners of the major college football games aired on XM each week. Every time you choose a winning team, you win points. Those who win the most points each week will receive various prizes like XM radios, an AT&T wireless phone, roundtrip airfare on AirTran Airways or the XM Tailgate Kit (which features an XM receiver plus boombox, a grill and tool set, cooler and chairs).

At the end of the 13-week regular season, the person with the most points overall will win the "Ultimate College Football Road Trip" where six people get to attend any college football game in 2008... be it a regular-season game or bowl game.

During the post-season this year, XM will offer a bonus round for folks to select the winners of 10 bowl games. The person who collects the most points from their bowl-game selections will win a trip for 2 to the college football rivalry game of their choice during the 2008 season.

[XM Select & Connect]

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XM, NEA, and Audible launch "The Big Read"

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The Big ReadMary Louise Parker, Colin Powell, Robert Duvall, Garrison Keillor, and Sandra Day O’'Connor are among the personalities lending their voices to "“The Big Read,”" a new series on XM Satellite Radio created by the National Endowment for the Arts (NEA), XM, and Audible.

"The Big Read" will air 30-minute installments of classic novels, such as Fahrenheit 451 and The Great Gatsby. The show will also feature NEA-produced specials with authors, actors, and other luminaries talking about –- and reading from -– the featured book.

The show will air every weekday starting September 10th on Sonic Theater (ch 163), which is devoted to audio recordings of books and plays.

“"The Big Read"” takes it name from the NEA’s national reading initiative equally entitled The Big Read, which encourages communities to come together to read and discuss a single book.

Other participants in "“The Big Read”" include Cheech Marin, playwright Edward Albee, and authors Ray Bradbury, Amy Tan, and Tony Hillerman.

Each installment of "The Big Read" will air at 2:30am, 10:30am, and 4:30pm (all times ET) on weekdays.

2 Comments

Grateful Dead Channel launches 9/7 on Sirius

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Grateful Dead Channel
The much anticipated Grateful Dead Channel on Sirius Satellite Radio will be making its debut on September 7th at 12pm ET on Sirius channel 32.

The official debut broadcast - though we heard a sneak peek on Jam_On - kicks off with an extremely rare concert broadcast of the Grateful Deads 1974 performance at the Hollywood Bowl in Los Angeles, California. This performance will be followed by a special show hosted by Bob Weir - the first by a member of the Grateful Dead on the new channel.

"This is gonna be one fun channel," said the Dead's Bob Weir. "We, the guys in the band, get to be involved as much as we can and we'll make sure it's fun. We want the fans to be involved as well."

The channel will also feature contributions from Grateful Dead expert David Gans, as well as Dead archivist David Lemieux, who will provide a look into the Dead's lush past with daily insights.

There is no official word on what will happen with Sirius Disorder which currently resides in the Channel 32 slot.

16 Comments

Howard Stern wears... dentures?

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Howard SternBah, all this merger talk is so boring and complex. Let's instead turn our focus to something far more important: Howard Stern's teeth (or, according to the New York Post, the lack thereof).

A discovery was made by a crew member on a photo shoot for Hamptons magazine that accidentally "got lost" (yeah right) and "ended up in the master-bedroom bathroom." I know that when I get lost in someone's house, the first place I'll head for is the master-bath... because it will undoubtedly lead me to safety. (In the midsts of my confusion I tend to rummage through medicine cabinets as well.)

"Sitting on the counter were a set of dentures," the source told the New York Post.

A rep for Stern did not return multiple requests for comment by the Post. Understandably so because the story is... friggin' useless.

[New York Post]

24 Comments

If Sirius and XM merge, Terrestrial wants to merge too

| 8 Comments

Terrestrial Radio wants to merge too!Broadcasters Beasley, Citadel, Entercom, Greater Media, Lincoln Financial Media and Saga Communications have filed a joint filing asking that the FCC consider relaxing ownership restrictions when deciding on the Sirius-XM merger.

"...one essential protection would be the elimination of local radio ownership rules, which would allow AM and FM broadcasters to offer more diverse services to compete with SDARS on the local level."

An interesting concept, and one that's obviously using the satellite radio merger for self-serving interests. The joint filing goes on to suggest a fully interoperable receiver - one that supports terrestrial radio as well as satellite radio - be designed as part of the conditions:

"In addition, the Commission could require, in a manner similar to the television All Receivers Act, or to cable's Must Carry, that all satellite radio receivers be capable of providing SDARS, AM and FM analog, and AM and FM HD broadcast radio signals in order to facilitate more direct competition among service providers."

Now that's actually not a bad idea. Not only would it foster more direct competition, but would also move a lot more product off the shelves. Plus we all know that satellite radio subscribers tend to listen to terrestrial radio more than "regular" listeners, so that's just empowering the consumer. Never a bad thing.

But let's take it a step further...

It's obviously hypocritical for terrestrial radio to oppose the merger while at the same time seeking a relaxation of media ownership regulations. And at the same time, it's hypocritical for satellite radio merger proponents to oppose media ownership regulations (though - it can be argued - that there's already been a relaxation in media ownership rules, which is why we're in this mess to begin with).

But what about localism? There also shouldn't be a restriction on satellite radio from providing local programming. Why does the "government sanctioned monopoly" shoe only fit for satellite radio - when terrestrial radio has been enjoying a monopoly on local broadcasts since the 1930s?

And at the same time, let's apply the same performance fees to artists that satellite radio and internet radio pay. Why does terrestrial radio get a free ride? Do they provide more "promotional value" than satellite or internet? I don't think so.

If they want a level playing field - then let's give it to them.

[Read Joint Filing (PDF) via Yahoo! Message Boards]
Thanks Tony!

8 Comments

XM's new Nashville Studios made official

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Sommet CenterWe heard all about this last week, but today XM Satellite Radio announced they're moving their Music City studios to the Sommet Center (scheduled to be completed by the end of the year).

In addition, we learn that XM has teamed up with the Nashville Convention & Visitors Bureau to collaborate on free, live music events for the Music City’s Visitor Information Center (which is located on the main level of the arena tower).

XM’s original performance series, “Music City Connection: Heroes Behind the Hits,” is produced by the Nashville Convention & Visitors Bureau.

[Press Release]

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Two Can Play: The NAB's same old song & dance

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C3SR, the so-called "consumer group" which just happens to be supported by the NAB and is housed at one of their lawyer’s offices, may have the funds to produce a JibJab-style video... but I don't.

Luckily, JabJab has a section on their website where you can create one of your own videos. So just for kicks, here goes:

8 Comments

Reply comments dispute satellite radio "merger ban"

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XM and Sirius Merger
A comment was recently submitted to the FCC in response to Entravision's comments, disputing the concept that there is a binding rule preventing Sirius and XM from merging.

The reply comments, made by a self-described "citizen and consumer," were sent in response to Entravision's comments (the one where they nobly offered to take, and use, the other half of the satellite radio spectrum) and uses Entravision's own language against them:

According to Entravision, the use of “will” in the ‘Transfer” language section of the 1997 SDARS Report & Order restricts Commission discretion with respect to decisions in the SDARS merger context. If this were true, the Commission would be restricted from exercising discretion while conducting their review of the Consolidated Application and would be bound to the provisions of rule 25.118 which identifies the exception allowing a transfer to be authorized and completed. Yes, in fact, the 1997 SDARS Report & Order states:

We note that DARS licensees, like other satellite licensees, will be subject to rule 25.118, which prohibits transfers or assignments of licenses except upon application to the Commission and upon a finding by the Commission that the public interest would be served thereby.

In other words, Entravision's interpretation of the rule were held true, then the FCC would have to recognize the authority of rule 25.118, and proceed forward.

The NAB's entire arguments against the satellite radio merger are largely based on the prohibitive language in the Transfer section of the 1997 license. But they ignore the language of rule 25.118.

The question is, does rule 25.118 override the entire ‘Transfer’ language section of the 1997 SDARS Report & Order? And since it appears to be internally conflicting, is the whole 'Transfer' section itself non-binding?

This seems like a pretty significant determination to me.

[Read Reply Comment (PDF)]

11 Comments

Commissioner Copps on media consolidation

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Commissioner CoppsFCC Commissioner Michael J. Copps appeared on PBS' Bill Moyers Journal recently to discuss the state of media consolidation and the current outlook of the media today.

As always with Commissioner Copps, media consolidation is a sore point. He's never been a big fan of media consolidation (neither has Adelstein), but the interview still remains enlightening throughout the 19 minutes.

They start off the interview showing a clip from one of the recent public hearings on media consolidation:

MICHAEL J COPPS: Now we're back at square one. It's all up for grabs. And if we are going to do better this time around, it's going to be because of input from folks like you.

MIKE MILLS: We must ask the question, is American radio better today than it was 10 years ago? [Audience yells "No!"] ...that was the answer.

A key takeaway from the interview isn't that Copps is against media consolidation just to be against it, he takes the stance that it generally doesn't work towards the public interest. Copps defines "public interest" (which can be up to much debate) as three things: localism, diversity, and competition.

He also reiterated his stance on the shortening of broadcaster's license renewal process (something he brought up strongly during an editorial he wrote which was published in the New York Times).

While Copps doesn't directly address the Sirius-XM merger, it's a good interview to watch to get a sense of where he might stand. I think most would agree with his viewpoint. Question is - in trying to serve the public interest - what effect would a merged satellite radio service have on terrestrial radio in terms of localism, diversity, and competition?

[Watch Video or Read Transcript]
Thanks Bruce!

6 Comments

Sirius lauching new "NASCAR Collector" show

| 17 Comments

Sirius NASCAR RadioSirius Satellite Radio and Motorsports Authentics have partnered together to create a new one-hour weekly radio show - "NASCAR Collector" - that focuses on NASCAR collectors and fans with special interests in racing memorabilia.

Show hosts Tim Packman, Buzz McKim and Tim Trout will provide NASCAR racing expertise, collectible information and value insight. Listeners can also call in and talk about their favorite die-cast or NASCAR souvenirs. They'll also learn about new limited edition merchandise and collectible lines, release dates and the retail outlets where they'll be available.

Think there isn't an interest in a NASCAR memorabilia show? With 24% of NASCAR fans purchasing collectibles, you bet there is.

"NASCAR Collector" will air Saturdays debuting on September 1st at 8am ET on Sirius NASCAR Radio (ch 128).

17 Comments

New season of "Ludacris' Open Mic" on XM

| 10 Comments

LudacrisLudacris is kicking off a new season of his original XM show, "Disturbing Tha Peace Presents: Ludacris' Open Mic," on September 8th.

Hosted by Ludacris and long-time radio partner Poon Daddy, the new season of "Open Mic" will continue to feature music hand-selected by the artist, including songs from Ludacris' personal music collection, as well as special guests and interviews with other artists.

Luda's roots start off as a radio personality in Atlanta, Georgia as DJ Chris Lova Lova at the an urban radio station Hot 97 (which later became Hot 107.9). Following his short stint as a DJ, Ludacris (real name Chris Bridges) debuted his own album independently, and later went on to be signed by Def Jam.

The season premiere of "Ludacris' Open Mic" will air Saturday, September 8th at 6pm ET on XM's uncut hip-hop channel, RAW (ch 66) with encores airing at 10pm ET and Tuesdays at 8am ET.

10 Comments

The battle for Radio to stay relevant

| 3 Comments

The Baltimore Sun has a great writeup on "good old-fashioned terrestrial radio" and its struggle to stay relevant amid the increasing competition for our ears.

There's some interesting facts and figures in the piece, but one quote that struck me was from a GM at an AM station:

"Because of satellite radio, more affluent people are going to use that service, so we have a smaller piece of the pie to slice up with the people remaining, who are not so affluent," said Bob Pettit, general manager of WCBM, the Baltimore talk-radio station at 680 AM. "The younger people are going to the new technologies. Radio used to be a very effective way to reach people aged 18 to 34. Now, not so much."

As a result, Pettit said, national advertisers are not turning to the old medium the way they once did, leaving the field to cheaper, and often local, ad buyers. In turn, the stations are obliged to charge less money because their demographic is poorer, he said, leaving the stations with less revenue.

That whole statement says, in no uncertain terms, "we are competing head-to-head with satellite radio." And it's valid. A decrease in cume numbers means less ears that are hearing an advertisers spot. And when the demos are less and less influential, even the smaller numbers become less valuable.

The savior for terrestrial radio is supposed to be "localism" - because unlike satellite radio, iPods or any other listening medium - only terrestrial radio can be local.

But I think the value of terrestrial goes beyond just reporting the local high school football game scores. If every station you switch to is playing the same song, then what's the point? It's a point that is referred to in the Baltimore Sun article:

"It's cool to hear a reggae channel, but no FM owner seems to dare to commit to one,"

It's not just being "local" that matters - it's being relevant. The only thing preventing terrestrial radio from playing Bluegrass, or Jazz, or Folk music is the corporate old guard who care about nothing other than squeezing the last penny out. But there's a whole new generation of Marketers who don't use the word "brand advertising" in their vocabulary. They use terms like "segmentation," "targeting," and "relevancy" to craft their campaigns.

And Radio is just not appealing to them.

[Baltimore Sun]

3 Comments

Sirius showcases indie artists on Sirius Hits 1

| 3 Comments

Sirius Hits 1Sirius Satellite Radio's pop/hits channel Sirius Hits 1 (ch 1) is unveiling their newest show, "Uncovered and Undiscovered," this weekend.

The weekly showcase presents various unsigned, indie, international and otherwise unknown artists the channel can find. Nicole, from the Sirius Hits 1 show "The Morning Mash Up" will also host "Uncovered and Undiscovered" every weekend. The show airs Saturdays at 2am, 6am, 10am & 2pm ET; and Sundays at 12am, 4am, 8am, 12pm, 4pm & 8pm ET.

If you're an unsigned artist looking for some airtime, send your stuff to:

SIRIUS Satellite Radio
SIRIUS Hits 1
Attention: Uncovered & Discovered
1221 Avenue of the Americas
New York, NY 10020

3 Comments

NAB issues an apology

| 11 Comments

David RehrThe National Association of Broadcasters (NAB) has formally issued an apology to the FCC for the misrepresentation of two Congressmen as being opponents of the Sirius-XM merger.

Representatives John Conyers, Jr.(D-MI) and Steve Chabot (R-OH) were listed in four separate ex parte filings among parties who were opposed to the satellite radio merger.

In the letter to the FCC, the NAB wrote:

"While both members have raised questions about the merger, it is inaccurate to characterize them as opposed to the merger. We apologize for any confusion this may have caused."

The filings in question cite a similar document that had listed Toyota as being opposed to the Sirius-XM merger, a point that Toyota objected to in a response filing to the FCC. The NAB subsequently removed Toyota from the "growing chorus of widespread, diverse opposition."

Apparently they will need to remove Rep. Conyers and Rep. Chabot as well.

[Read Letter (PDF) via SiriusBuzz]

11 Comments

U.S. Open Tennis Championships on XM

| 1 Comment

US Open Tennis on XM Satellite RadioThe US Open tennis championships will be airing live on XM Satellite Radio starting this Monday, August 27th.

Bud Collins and Virginia Wade will cover the US Open for XM from the USTA Billie Jean King National Tennis Center in Flushing Meadows, N.Y. Coverage can be heard on XM Live (ch 120) with simulcasts on XM's sports talk channel XM Sports Nation (ch 144).

Collins will host the show “US Open Today” at 9am ET every morning of the 14-day event starting Monday, with news and analysis of the tournament highlights.

Play-by-play coverage of the US Open will air on XM starting September 7th with the women’s semi-finals, culminating with the men’s finals on September 9th.

[US Open on XM]

1 Comment

Anti-merger editorial in the Washington Times (oh the hypocrisy)

| 20 Comments

NAB vs Satellite RadioJ. Gregory Sidak and Hal J. Singer have written an anti-satellite radio merger Op-Ed piece for the Washington Times, one that is riddled with rhetoric and hypocrisy.

Entitled "Misunderstanding the XM/Sirius merger," the piece urges conservatives to "reject the idea of taking two unregulated competitors and creating in their place a brand-new regulated monopoly."

The article also criticizes the block-and-rebate plan, that would refund subscribers who choose to opt-out of adult programming. An amazing stance in a world where we are obsessed with violent and adult content in video games and media. But still, Sidak and Singer pull it off:

"...the Family Research Council blessed the merger after XM and Sirius promised to block sexually explicit channels in exchange for a small rebate. Given the sheer popularity of Howard Stern and similar types of edgy content among satellite radio subscribers, this 'phantom rebate' will likely be redeemed by only a handful of subscribers."

I'm sure the Parent Television Council would disagree with you there. It's not about there "sheer number" but the empowering of the consumer. (Newsflash: there are 130 channels other than Howard Stern on Sirius. Yes, shocking, I know.)

The entire article is generally targeted to the politically minded, particularly conservatives, but yet at the same time managed to denounce XM and Sirius' approach to the merger, calling it "a media blitz for a political campaign."

Of course, there's no mention of the NAB and its unrelenting lobbying efforts - which include full-page advertising - to block the merger. If anything can be considered a "media blitz" it would be the NAB's attacks on Sirius and XM. But why would they mention NAB? That doesn't lend towards their agenda. Afterall, Sidak was commissioned by C3SR, which is disclosed at the end of the article, but the C3SR itself is "supported" by the NAB. Mentioning the NAB would just expose the hypocrisy, so Sidak/Singer opt toward referring to them as "merger opponents" instead. Far less incriminating.

There's other issues I have with the article.

Sidak and Singer talk about a "price freeze" being promised by Sirius and XM. But a "freeze" indicates that Sirius-XM have promised to not raise prices for a period of time. This is just factually incorrect. Sirius-XM have made no such promise, though they have said they are open to the idea. Sidak/Singer are twisting the concept of a multi-tiered/a la carte pricing plan as offering "price freezes" - indeed the term "a la carte" is no where to be found in the article (oops, apparently it does) - and they base a large part of their argument of the deal being anti-competitive on a price freeze.

"Of course, if they truly believed this argument, XM and Sirius would not need to offer to freeze their prices. Competition would keep those prices at competitive levels."

And then there's this:

"There is an established framework used by antitrust authorities to analyze mergers, which involves defining the 'relevant market' and assessing the power to raise prices within that market. Under that framework, it is clear that this merger has serious problems, so XM and Sirius have rejected that framework. Instead of offering credible evidence that terrestrial radio (or any other audio service) constrains the price of satellite radio, they have approached the government's merger review proceeding as though it were a media blitz for a political campaign."

Unfortunately, this argument falls flat on its face as well. The DOJ process is completely non-transparent. They actually take measures to make sure that even those being interviewed can't get a read on the DOJ's opinion (i.e., if they think you're pro-merger, they as anti-merger questions, and vice versa).

So how does Sidak and Singer know that Sirius and XM "have rejected that framework"? How do they know what "evidence" Sirius and XM have submitted to prove its part of a larger relevant market? The answer is, they don't These statements are complete assumptions, and the opinion of Sidak and Singer.

Just like it's my own assumption and opinion that Sidak and Singer are full of....

[Washington Times]

20 Comments

Report: SoundExchange and Major Webcasters Reach Agreement

| 3 Comments

SoundExchangeSoundExchange and the major record labels have just reached an agreement with the large webcasting services over Internet Radio royalty rates, according to a report by Billboard.biz.

Under the agreement which extends to 2010, large commercial webcasters AOL, Live365, MTV, RealNetworks, Pandora and Yahoo! will not have to pay more than $50,000 per service as a per-station or per-channel minimum royalty to webcast sound recordings, according to a source close to the negotiations.

The deal was reached late today in New York during a confidential meeting between representatives from all the major labels and the large digital services, according to the source.

The Copyright Royalty Board (CRB) decision earlier this year set no limit to the $500 per-channel or per-station minimum fee that services must pay to SoundExchange. A decision that caused a massive outcry in the community and many said was the death of Internet Radio.

No final agreement has been reached yet with small webcastersyet, but SoundExchange has offered to carry forward old rates through 2010.

[Billboard.biz]

3 Comments

FAA decision for Raytheon/XM contract could be soon

| 4 Comments

Air Traffic
Back in June we learned that the FAA is looking to upgrade their air traffic control system, and XM Satellite Radio has teamed up with Raytheon to bid on the deal. The Raytheon/XM bid is unique because it utilizes the XMWX weather service to provide real-time weather data as a added benefit for pilots.

The FAA estimates it will spend $15 billion to $22 billion by 2025 on the satellite technology alone, and another $14 billion to $20 billion in spending on new avionics, cockpit electronics linked to the satellite technology.

And the decision could come as early as next week.

If Raytheon/XM win the bid, it would be quite the coup considering that both Lockheed Martin (the nation's largest defense contractor) and ITT Corp are also bidding for the massive 30-year contract. But it may also open up the door for satellite radio to be a "standard feature" in commercial airlines, though XM hasn't explicitly said this.

XM is already providing satellite radio entertainment to jetBlue and AirTran, as well as to United Airlines (including United's amazing first-class "suites"). But if the FAA contract goes to Raytheon, theoretically it would be possible to receive XM in all airlines.

"In many cases, the pilots -- or their passengers -- could be listening to XM radio while they're using our weather systems," said Roderick MacKenzie, XM's vice president of advanced applications. "A single receiver can let the pilot keep tracking the weather and keep the passengers entertained."

Sounds like a winner to me.

[Boston.com]
Thanks skipp!

4 Comments

Kevin Martin voices support for A La Carte Cable TV

| 12 Comments

Kevin MartinFCC chairman Kevin Martin increased his vocal fight for a la carte cable programming in a letter sent to several minority groups yesterday, arguing that it would actually assist poorer minority groups.

Martin cited a Nielsen study pointing out that the average cable subscriber was paying for 85 channels, while that consumer really is only watching 16 channels. (I wonder if the same applies for satellite radio?)

"Channel choice is increasingly significant to consumers as the number of channels included in expanded basic, and the corresponding price to consumers, has continued to skyrocket," Martin wrote. "Indeed, cable rates have more than doubled in the last ten years. Cable companies often point to the increased number of channels being offered as an explanation for the increase in prices. This explanation, however, ignores the fact that most of these channels are not actually being watched.

"While I believe all consumers would benefit from channels being sold in a more a la carte manner, minority consumers, especially those living in Spanish speaking homes, might benefit most of all," Martin said.

Consumers typically have to buy large, expensive blocks of channels to access Spanish-language channels, he said.

Martin's letter was sent to the Black Leadership Council, the Hispanic Federation, the Labor Council for Latin American Advancement, and the League of Latin American Citizens, among others.

Earlier this month Kevin Martin said he was "pleased" with the proposed Sirius-XM a la carte pricing plan.

While Martin's support for a la carte has been well known for sometime, this clearly shows his feelings that it extends past the issue of simply "price," and reaches the overall issue of diversity in media. Sirius and XM's proposed a la carte pricing plan can act as a springboard for a la carte in the rest of the media industry in my opinion. Not only setting a precedent, but can even be shown as a working prototype to cable companies that the business model can actually work.

The FCC has an opportunity here. I hope they don't just let it slip through their fingers.

[Fox News]
Thanks Squeaky Wheel!

12 Comments

Hispanic group threatens boycott of WLW

| 7 Comments

The Big Juan billboard on WLWThe League of United Latin American Citizens (LULAC) has given Clear Channel's WLW an ultimatum: fix the problem with or they will urge members to boycott Clear Channel's top Hispanic markets.

The issue culminates around a promotional spot aired on WLW called "Speaking to An Illegal Alien." The spot featured translations of Spanish phrases like, "Be careful with those hedge clippers around the garden."

In May, WLW infuriated the Hispanic community when it put up billboards featuring a Hispanic man and a donkey, called "The Big Juan" (pictured). The billboards were eventually removed a month later. The league said last week's promotional spots showed them that Clear Channel market manager Chuck Fredrick "reneged on his commitment" made to "prevent future offensive materials" on the station.

"WLW has a track record of offending all minorities. Who's the next target? This is a real problem that needs to be fixed," Riveiro said.

"The spot in question was an old spot that aired in error," Fredrick said later. "It aired twice. We pulled it immediately upon realizing the error and we regret any discomfort that this mistake caused."

Riveiro said Fredrick told him that, too, but "I don't buy it."

Riveiro said if its demands are not met, the group will target Clear Channel's top 10 Hispanic markets by urging listeners to tune out and businesses to pull their ads.

In May, LULAC voiced its support for the Sirius-XM merger, and XM Satellite Radio carries WLW (ch 173) as part of their contract with Clear Channel.

[Cincinnati Enquirer]

7 Comments

Competition Watch: Phoenix WiFi Radio

| 9 Comments

Phoenix WiFi Radio
One of the biggest drawbacks of Internet Radio is that it's hard to get it off your computer and used in everyday applications. This has been a big draw of devices like the Sonos which brings untethered access throughout the house.

But for those who just want a tabletop radio, there's now the Phoenix WiFi Radio by Com One. With it's built-in speakers, you can listen to Internet Radio wherever you have a WiFi connection.

There's absolutely no PC required, and the device works with both WEP (64 - 128 bits) and WPA encryption. It's not just for Internet Radio either, because with RSS support, you can listen to Podcasts as well.

It won't be too long before a whole generation defines "radio" as something completely different than what we know it as today. The same thing happened to the word "wireless" and it will happen again.

[Product Page]
Thanks Karl!

9 Comments

Video features Dale Jr at XM headquarters

| No Comments

Just a neat video highlighting Dale Earnhardt Jr's visit to XM's headquarters.

No Comments

XM moving their Nashville studios

| 5 Comments

Sommet CenterXM Satellite Radio is moving their Nashville operation from the current home at The Country Music Hall Of Fame to the Sommet Center, according to All Access.

The three-story space at the Sommet Center (formerly known as the Gaylord Entertainment Center, and pronounced 'soh-MAY') located in downtown Nashville is already under construction. XM's new location includes office space, two full studios, a performance area, three production studios and a complete production suite.

All Access also reports that XM will be moving to the new address "later this year."

[AllAccess]

5 Comments

XM to debut new Washington National Opera series

| 1 Comment

Washington National Opera on XMXM has partnered with the Washington National Opera (WNO) to feature a new series aptly titled "Washington National Opera on XM" starting next week.

"Washington National Opera on XM" will debut on Tuesday, August 28th, with WNO's production of Norma, Bellini's bel canto drama about a Druid high priestess betrayed by her lover during the era of Roman occupation, which features two of opera’s most memorable tunes "Mira, O Norma" and "Casta Diva." Hasmik Papian sings the title role with Irina Mishura as Adalgisa and Richard Margison as Pollione.

Additional operas from WNO's recent seasons will premiere on XM's inaugural run of the program, including La Cenerentola, Die Walküre, A Streetcar Named Desire, Manon Lescaut, and La traviata.

"Washington National Opera on XM" will air Tuesdays at 12-noon ET on XM's opera/vocals channel VOX (ch 112), with encore broadcasts Fridays at 6pm ET and Saturdays at 12-midnight ET.

View a schedule of operas to air through early-October after the jump...

1 Comment

Derek Jeter at XM's Baseball Confidential

| 16 Comments

Derek Jeter
Eight-time All-Star shortstop and captain of the New York Yankees, Derek Jeter, sat down for a taping of XM Satellite Radio's "Baseball Confidential" in front of a live audience a little over two weeks ago.

I had the distinct pleasure of attending the event, which was held in the beautiful Allen Room located in the Jazz at the Lincoln Center building overlooking Central Park. I originally intended on simply doing a photo tour of XM's NYC studios, and had the opportunity to attend the Baseball Confidential event as a result. (Ironically, the tour never happened, but I'm hoping on picking up the pieces in the near future.)

The interviewer was Buck Martinez, who's the co-host of XM's MLB Home Plate (ch 175) morning sports-talk show "Baseball This Morning" as well as a former MLB manager and catcher. The entire taping was a little over an hour (not counting the cocktail hour beforehand complete with baseball-themed horsdeurves) which was done in front of an audience of around 300 people.

The best thing was to see the audience filled with kids wearing Jeter jerseys running around beaming with excitement. Moreso than most other sports, I think baseball is really all about the kids. Questions ranged from the bumbling hardcore fan, to questions that only a kid could ask, like "what do you do besides play baseball and date girls?" (Jeter's response was "How old are you? Don't worry... someday you'll understand.").

16 Comments

Brenda Lee to Guest DJ on Sirius

| 356 Comments

Brenda LeeAmerican icon Brenda Lee will guest DJ for an hour on Sirius Satellite Radio's classic country channel, The Roadhouse (ch 62).

The Georgia-born legend will play her favorite songs and share stories about her contemporaries on Friday, August 24th at 2pm ET. Encores broadcasts will air on Saturday, August 25th at 12pm ET, and August 26th at 5pm ET.

Brenda Lee charted the most hits of any woman in the 60's - outpaced only by Elvis Presley, Ray Charles and The Beatles. Given the nickname "Little Miss Dynamite" she was known for the explosive strength of her voice. Brenda Lee's voice eventually suffered damage and matured in the late 1960s, but she successfully continued her recording career by returning to her roots as a country singer. She was able to chart in Billboard's CW top ten twice in 1980.

356 Comments

Rhapsody America: MTV and RealNetworks team up

| 2 Comments

RhapsodyThe Wall Street Journal this morning broke the news that MTV will combine forces with RealNetworks to form a new company that will battle it out against Apple's iTunes.

MTV's Urge music service will combine with RealNetworks' Rhapsody music service. The combined company will be called Rhapsody America, with the Rhapsody music service retaining its original name. RealNetworks will own 51% of the new company, with MTV owning the remaining 49%. Urge's head, Michael Bloom, will run the joint venture.

Also involved is Verizon Wireless (itself is a joint venture between Verizon and Vodafone), which has signed an exclusive relationship with the bunch. The new Rhapsody offering will be replacing Verizon's digital music offering: the VCast Music store. Verizon will also be replacing its existing PC-based service with the new Rhapsody client.

Verizon customers will be able to purchase songs from their PC, as well as over-the-air from the mobile phones. In fact, over-the-air downloads are said to be a very important part of this joint venture. Songs purchased on their phones can be access from the PC. Not relegated to just songs, Rhapsody will also include ringtones, album covers, ringback tones and music videos. Verizon plans to release phones compatible with Rhapsody so you can transfer subscription music to the devices as well.

The key takeaway from this morning's conference call is that there will be a massive marketing push to promote Rhapsody. Under the terms of the deal, MTV will provide $230 million over five years for "hard advertising" purposes, as well as provide "free" promotion in MTV programming and other integrated marketing efforts. It all kicks off with the MTV Music Video Awards on September 9th.

It's my understanding that Urge never really was well marketed by MTV. The whole deal with Urge was that MTV was supposed to supply the big-media awareness behind it, but that fizzled. When asked about that during the call, the response was that "firehose will open" for the first time.

Now if Verizon gets behind the joint venture with some of its own marketing muscle, you may have a serious competitor yet. Verizon is also promising 8gb music phones this year, with storage space to double in 2008. Bring together a proper over-the-air and side-loaded music experience, with some really neat music phones that have some real storage space, plus some serious marketing backing from MTV? You quite possibly have a viable competitor (though, still considered "niche" when compared to Apple's marketshare).

It's time for Sirius and XM to dedicate some serious resources to their mobile offerings. If ever we had a crystal ball to see what was coming, this is it.

[More on Billboard, Engadget, & Forbes]

2 Comments

Terrestrial wants half of Satellite Radio's spectrum

| 12 Comments

Satellite RadioIf the FCC lets the merger of Sirius and XM move forward, Spanish-language broadcaster Entravision says the FCC should force the satellite radio companies to “relinquish their spectrum so that competition can be renewed.”

Entravision then offered to lead a consortium of terrestrial radio broadcasters to take over the remaining spectrum and to offer programming based on their individual "programming qualifications." In the name of competition of course.

But they don't stop there.

Entravision continues to "request" that in order to expedite the "resumption of competition" that Sirius-XM should be required to sell the terrestrial consortium the satellites, equipment and facilities of the of the SDARS license holders. At a depreciated value, of course.

"All of this is intended to promote competition," Entravision writes in their comment to the FCC. How noble.

[via Inside Radio]
Thanks Matt!

Read the full FCC comment after the jump...

12 Comments

Emmis CFO: Satellite radio is "competition" (but, ahem, still not a threat)

| 3 Comments

Head in the sand?Emmis Communications CFO Patrick Walsh, while at the Noble Financial Conference in Charleston, SC yesterday, was asked about the threat to terrestrial radio from satellite radio.

Walsh said that while he saw satellite radio as "competition" he did not consider it to have a "measurable effect." He cited other outlets such as the iPod and Internet radio as each being an additional "threat" to this company.

"We at Emmis have viewed the threat as being much more fragmentation from the iPod and Internet streaming and the fragmentation from media, whether it be YouTube or other media being delivered on the Internet just fragmenting peoples' time.

"Satellite radio doesn't show up in our diaries very often. The people that utilize satellite radio often toggle between AM and FM and satellite radio, and it really hasn't caused a measurable effect in our business yet. We reach hundreds of millions of people every day. Ninety-three percent of Americans listen to AM/FM radio every week.

"Satellite radio is a niche business focused on people willing to spend 13 dollars per month for the radio. Which for long-haul truckers or people who are advocates of a music format which may not reach a mass market - if you're a passionate Blue Grass listener in New York City - it probably makes sense for you.

"But I think they're still challenged. It's a challenging business model to launch a billion-dollar asset in space and try to build up a mass-market audience quickly. And with 15 million subs it's tough, which is why they're trying to get the merger done. In large measure they're trying to work with the government to solve a business model problem.

"So, it's not one that keeps us up at night. What we're working on is trying to offer compelling programming in a multi-platform environment to grow our business.

Patrick Walsh concluded by saying that satellite radio "is competition but I don't think it's the principal competition for radio going forward."

In essence, he's just define radio - and satellite radio - as being part of a greater audio entertainment market. Thanks Patrick, that was quite the compelling argument there.

[Radio Ink via FMQB]
Thanks Wes!

3 Comments

College Football coverage kicks off on XM

| 3 Comments

College Football on XM
XM Satellite Radio is 'kicking off' their biggest package of college football programming ever, with games for the six power conferences - ACC, Big East, Big Ten, Big 12, Pac-10, and SEC - starting August 30.

XM is dedicating 15 radio channels to live play-by-play coverage of college football games for listeners across the continental United States. A channel guide is available online at xmradio.com/collegesports

"If you're a Texas fan, you can tune into your favorite team on XM, whether you're in Austin or you're two thousand miles away in Seattle." said Eric Logan, XM's executive vice president of programming. "You can be a Wisconsin fan vacationing in Florida, a Virginia Tech alum who lives in Phoenix, or a Cal fan headed to New England, and you can hear your teams on XM. This year, we've got the most college football games, the most teams, and the most conferences we've ever had."

On top of the games, the XM's sports talk radio channel XM Sports Nation (ch 144) will broadcast gameday reports each week from the host city of a major game.

XMSN will be in Starkville, Miss., on August 29th and 30th for the first SEC game of 2007 as LSU takes on Mississippi State. Gameday news and analysis, on-site interviews, and call-in shows from the MSU campus will be broadcast by the XMSN team. Fans can hear the Mississippi State game feed on SEC channel 199 and the LSU feed on SEC channel 200 on August 30th, starting with the pre-game shows at 6pm ET.

XM Sports Nation has also bumped up their on-air team of football analysts, led by former coach of the Oklahoma Sooners and Dallas Cowboys, Barry Switzer. Switzer now appears live on the show "XM Sports Nation This Morning" on Mondays and Fridays to talk football with host T.J. Rives.

3 Comments

The Federation/LAF voices support for XM/Sirius merger

| 5 Comments

Interoperable Satellite Radios
Today, the Federation of Southern Cooperatives/Land Assistance Fund (FSC/LAF) announced its support of the Sirius-XM satellite radio merger. The group filed a letter with the FCC, urging swift approval for the merger.

“Rural communities are consistently undeserved by the lack of diversity in programming that local terrestrial radio broadcasters provide,” said Ralph Paige, Executive Director of the Federation of Southern Cooperatives/LAF. “A merger of Sirius and XM will bring lower prices and increased programming choices to the over 20,000 rural member families of the Federation/LAF in twelve southern states.”

In its letter to the FCC, the Federation/LAF cited the benefits that “a la carte” options and other low-cost, bundled programming packages would provide for rural and minority consumers.

“Our members clearly benefit from the ability to select the programs that are most applicable to their businesses, families, and personal interests,” added Paige. “We are also encouraged by the commitments that Sirius and XM have made to enhance the diversity and breadth of programming for minority audiences.”

The Federation of Southern Cooperatives/Land Assistance Fund (FSC/LAF) is a service, resource and advocacy association for a constituency of 25,000 low income families organized into over 100 cooperatives in rural communities across the South. The membership is primarily African-American but also includes White, Chicano and Native American members.

An outgrowth of the Civil Rights Movement, the Federation was chartered in 1967 by 22 low-income cooperatives to help African Americans and poor people to produce a livable income and save their way of life.

5 Comments

Lee Abrams in the Huffington Post

| 237 Comments

Lee AbramsXM's resident radio genius, Lee Abrams, has an article in the Huffington Post about the 'musical lull' we are currently in.

At the time of writing this post, Lee's article is on the frontpage of Huffington's Entertainment section.

The article actually is a bit of a reprint from an earlier blog post of Lee's, but one that I think holds an important enough message to deserve a larger venue like the Huffington Post. Lee examines the cyclical nature of music, and how our society tends to drift between "intense periods" and "musical lulls" - and, regrettably, we're currently in a lull.

Right now the moguls (which, I believe, includes both the RIAA and terrestrial radio) are in control, and their formulas are being adhered to. Eventually, we'll break out of the lull and once again return to a period where music is thought provoking and inspirational. When the music defines a generation.

Well worth the read, and the thought.

[Huffington Post]

237 Comments

Nate Davis gets a raise

| No Comments

Nate DavisWith the resignation of Hugh Panero, XM Satellite Radio has upped Nate Davis from President and COO status, to President and (interim) CEO.

And along with that move, Mr. Davis get a bump in his paycheck as well. Since he was snubbed from getting a raise in Spring, it's a welcome increase (when is it ever not?).

So last week it was revealed in an SEC filing that Nate Davis saw an increase in annual salary from $550,000 to $650,000. Not a bad chunk of change. Especially when you factor in a target bonus of 100% of his base salary, per year.

Davis still is $50k short of what Panero was making (so this could even be considered further belt tightening over at XM). And his salary pales in comparison to Mel Karmazin's salary which weighs in at $1.25 million annually.

No Comments

More on Sirius and XM's music royalty negotiations

| 5 Comments

SoundExchangeAs we learned from an SEC filing earlier this month, Sirius and XM have proposed a royalty rate of $1.20 per broadcast per month as part of their negotiations with SoundExchange for music performance royalties. Rough estimates put this to about 1% of revenue (they originally proposed 0.89% of revenue).

But what we didn't know from the filing is what SoundExchange's counter-proposal was - all we learn is that it was a per-broadcast fee structure. Until now.

First off, SoundExchange continues to propose a rate structure based on a percent of revenue ranging from 8%-23%, and a per-subscriber minimum of $.85-$3.00 per month.

But as the alternative (albeit, less-preferred) proposal, SoundExchange has proposed a per-broadcast rate structure of between $.0000028 and $.000010 per broadcast times the number of subscribers (for up to 150,000 broadcasts a month), and between $.0000008 and $.0000030 per broadcast times the number of subscribers (for broadcasts exceeding 150,000 per month).

If XM and Sirius made no changes to their programming, SoundExchange says that this proposal would result in rates roughly equal to 8% to 23% over the rate period.

Of course, SoundExchange is going to tweak their "alternative" proposal to bring the bottom-line to around the same point as their original proposal, but I think the important aspect is the per-broadcast fee (as opposed to all revenue). Agreeing on a reasonable rate is a whole different matter.

I don't understand why SoundExchange feels it should have a piece of all satellite radio revenue, when a massive amount of the programming on satellite radio has absolutely nothing to do with music. So a per-broadcast structure just makes sense.

What Sirius and XM are proposing - $1.20 per-song - is far above what Apple pays for iTunes (and Apple has distribution rights). And they're also providing a sliding scale based on the percentage of subscribers for the years to come, so it can't be said that Sirius/XM aren't being reasonable.

But that's how negotiations work: you go high, I go low. Let's see how this works out in the end.

5 Comments

R. Kelly interview on Sirius

| 7 Comments

R. KellyGrammy winning producer, vocalist, and songwriter - R Kelly - will sit in for an interview with supermodel and Sirius host Melyssa Ford this week on Sirius Hot Jamz (ch 50).

During the 2-hour interview, Kelly will discuss his new CD, Double Up, and premiere his single, Trapped in the Closet. Other topics covered include who will carry the R & B torch and Kelly’s relationship with his former band mates Public Announcement.

The R. Kelly interview airs this Wednesday, August 23rd at 4pm ET, with encore broadcasts on August 24th at 12am ET & 12 pm ET, and August 26th at 2pm ET.

7 Comments

Whole Foods decision seen as "helpful" for Sirius, XM merger

| 18 Comments

Sirius and XM mergerLast week's decision by a federal judge to grant the Whole Foods-Wild Oats merger, is a decision that could have "broader ramifications" for other mergers like Sirius-XM's, according to a report from Stifel Nicolaus.

Calling the ruling "a modest positive for the pending XM-Sirius" transaction, Stifel Nicolaus analyst Blair Levin felt that the decision could give the satcasters "some new legal ammo to argue for defining their relevant markets broadly."

"Again, although the facts in each case are different, we believe the judge's decision yesterday will give the advocates of the two pending mergers a bit more credibility when they suggest to government officials that their agencies risk an embarrassing defeat if they try to block the deals," added Levin.

Analysts aren't the only ones who find the Whole Foods/Wild Oats decision to be a positive for Sirius and XM.

"If I'm XM and Sirius, I'm feeling pretty good about this decision, because it has many of the same attributes," said Mark Ostrau, co-chair of law firm Fenwick & West's antitrust group.

"I think these tend to be very factual inquiries but it certainly shows that this court at least was very skeptical of the submarkets, so from that perspective I think it is helpful to XM/Sirius," said Joel Greenberg, partner and co-chair of law firm Kaye Scholer LLP's Corporate and Finance Department. "It certainly can't be harmful."

[Reuters]

18 Comments

RadioShack voices support for the Sirius, XM merger

| 9 Comments

RadioShackRadioShack has chimed in and submitted comments to the FCC voicing its support for the Sirius-XM merger.

In a letter dated for July 13th (it just went live in the FCC's comment system today), RadioShack stated that they "believe that a merger of Sirius and XM will benefit consumers, including those that purchase satellite radio products and services from RadioShack."

"Today, consumers with an interest in satellite radio must either: (1) choose between Sirius and XM, foregoing some of the most appealing channels available on the other service or (2) subscribe to both services, which means purchasing two satellite radios and paying for two subscriptions."

For merger hopefuls, it's good news to see the support of retailers like RadioShack (and Circuit City who also has come out in favor of the merger of Sirius and XM). If retailers came out in large numbers opposing the merger - since they're in the frontline, interfacing directly with consumers - then that would spell the death of the merger.

"Public interest" also directly equals "sales," and retailers are truly motivated by one thing: moving product off the shelves.

[Read Comment (PDF)]

UPDATE: I'm trying out a new feature to make PDFs more easily readable... so try viewing RadioShack's comments after the jump, and please comment if you'd like to see this in the future.

9 Comments

Spotted: Opie & Anthony in Washington, DC

| 88 Comments

Opie and Anthony

As part of the Virus Tour, Opie & Anthony broadcast their show live today from the performance studio at XM Satellite Radio in Washington, DC.

From left-to-right: Gregg "Opie" Hughes, Jim Norton, and Anthony Cumia. More photos after the jump...

88 Comments

Judge gives thumbs up to Whole Foods-Wild Oats

| 9 Comments

Whole Foods and Wild Oats mergerA federal judge yesterday gave the thumbs for Whole Foods to buy rival Wild Oats - rejecting the FTC's argument that the deal would stifle competition and lead to higher prices.

Whole Foods operates 177 stores in the U.S., while Wild Oats has about 110. Both are relatively small players in the grocery business, but FTC lawyers argued the combined company would corner the market on premium and organic foods. But U.S. District Judge Paul L. Friedman felt otherwise and his reasoning is detailed in a 93-page court document that is sealed because it contains corporate secrets.

What does this have to do with satellite radio?

Many have felt that there are parallels between the Whole Foods-Wild Oats merger and the Sirius-XM merger. Antitrust authorities in both cases need to decide whether the relevant market is a narrow one, or part of a larger, more broadly defined market.

Of course that's where the similarities end, largely because they are being reviewed by entirely different federal agencies. But with Whole Foods-Wild Oats decision is being closely followed by analysts and industry watchers, to the point that an overflow room in court was required for those eager to learn details about the companies.

And this development adds a new twist to it all.

[AP]
Thanks Daniel!

9 Comments

CNN wants to know your thoughts... let's voice them!

| 10 Comments

CNN

CNN.com is conducting a survey soliciting your thoughts on satellite radio and the merger.

They specifically want to know whether you're satisfied with the choices in regular terrestrial radio, and - if you listen to satellite radio - what you think is good/bad about it. Of course, CNN also wants to know your opinion on the merger of Sirius and XM.

"And who do you agree with -- the satellite companies or the traditional radio companies?"
(Now that's a dangerous question!)

To participate, all you need to do is follow this link, and fill out the form. If you want to upload a photo and/or video (I'm submitting this one), you can do that as well.

I think that the biggest fans and most knowledgeable listeners of "radio" are each and everyone of you - so it's really important to have our voices be heard. If you have a few minutes, please take the time and let CNN know what you think (regardless of what side of the merger fence you're on).

We've collectively made a difference before, and we can do it again.

[CNN I-Report]

10 Comments

Sirius InV2 unveiled (and it's alot like the Starmate Replay)

| 4 Comments

Sirius InV2
Sirius yesterday unveiled the Sirius InV2 satellite radio as their affordable, entry-level receiver offering. And the shape resurrects the much-beloved Sirius Starmate Replay.

Just like the previous Sirius InV, the Sirius InV2 requires you to run wires direct to the device as opposed to a happy docking station. So it's "officially" classified as an "in-vehicle product" (and that's what "InV" actually stands for), while the much fancier Sportster 5 and Starmate 4 are classified as "Dock and Play" radios.

Still, with an MSRP of $39.99, it's a compelling product for the price conscious consumer.

Sirius InV2

Features include:

  • Wide amber display (I hate amber)

  • FM transmitter or stereo output

  • FM preset function so you can store the best FM frequencies in your area

  • 6 channel presets

  • Parental controls

  • Complete vehicle kit with dash mount, power adapter, magnetic antenna, and FM extender antenna

Sirius InV2

Best of all (well, aside from the $40 price) it looks a heck of a lot like the old-school Starmate Replay which to this day is a fan favorite receiver.

Availability is listed as being in "Fall 2007" which gives it plenty of time to hit the shelves before Black Friday.

4 Comments

Sirius Backseat TV: Now with a big remote!

| 8 Comments

Sirius Backseat TV
We saw pretty much all there was to see of Sirius Backseat TV at CES, and we even learned of the monthly $6.99 price point shortly afterwards, but there was something new shown at Sirius headquarters yesterday...

A big remote!

sirius_backseat_tv3.jpg

Now, that's the kids remote mind you. But it's new nonetheless, and it's one of the small details about Sirius Backseat TV that I think parents will greatly appreciate. Follow the jump for more photos and info (including the official release date)...

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Sirius unveils new Data Services: Personal Weather, Fuel Prices and Movie Times

| 7 Comments

Sirius Traffic

Sirius Satellite Radio unveiled their latest offerings in advanced satellite-based data services for in-vehicle GPS navigation systems.

Currently available for the Alpine SIR-ALP10T SiriusConnect tuner, these new Sirius Data services provide information such as weather, local fuel prices and movie time information direct to your vehicle. The SIRALP10T is compatible with all Alpine satellite-ready headunts, and can interface with the Alpine NVE-N872A navigation system to deliver traffic data for 79 markets nationwide (requires navigation software version NVD-A801 to receive data service features).

MSRP is $299.99 for the SIRALPT10T, and it's available at retail... now.

See more in-person photos and info after the jump...

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Orbitcast Interview with Mel Karmazin

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Mel KarmazinMel Karmazin, the present CEO of Sirius Satellite Radio - and slated to become the CEO of a merged Sirius-XM, if approved by regulators - agreed to an interview with Orbitcast to discuss the pending satellite radio merger.

Knowing that Orbitcast readers include subscribers, investors and industry watchers alike, Karmazin went into great detail about the state of competition, the proposed a la carte pricing, and the overall prospects of the merger.


"More choices, better pricing." This has been the mantra throughout the merger process. What would prevent you from raising prices after the merger is approved?

Here's how we came up with that. When I had the Board meeting to discuss what we had to accomplish to get the merger approved, number one we had to demonstrate that it was not anti-competitive. And we believe clearly that satellite radio competes with all kinds of other audio entertainment devices, especially terrestrial radio. The fact that the NAB has been so aggressive in this - and thank goodness for them - has really proved our point. That we do compete with them.

34 Comments

Sirius Sportster 5: Up close and personal

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sportster-5.jpg
Today I also had the chance to play with the new Sirius Sportster 5. As everyone knows, I'm a big proponent of color displays becoming the norm for satellite radios (if nothing else, to have them look like something from 2007, not 1997).

But the Sportster 5 doesn't just have a color display - Sirius took it a little further.

sportster-5_1.jpg

The Sportster 5 has the ability to change colors to match your car's dash lights. To many people, especially those who want to maintain a "factory look," this is extremely important. Have a green dash? No problem, the Sportster 5's color display, and the backlighting for the knobs and various buttons, all can change colors to match.

sportster-5_2.jpg

My only gripe is that the color display is a pretty poor resolution. It's not nearly as crisp and clean as I would have hoped. Combined with the abstracted channel artwork and the display will make many a passenger ask "what the heck is that?"

For future versions I'd like to see a higher resolution display, and some album art (or in-studio images) as icing on the cake. I understand that it can't be distracting (as you should be driving and not staring at your radio), but just as the PAD data changes, so should the imagery. Either way, that's my wishlist for future iterations. For now, let's just enjoy the multi-color chameleon backgrounds, and the bonus 60-minutes pause/replay buffer to boot.

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Reggie Bush teams up with Sirius

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Reggie BushNew Orleans Saints running back and Heisman Trophy winner Reggie Bush will be giving live weekly reports throughout the 2007 NFL season on Sirius Satellite Radio.

Sirius NFL Radio is the only radio channel dedicated to covering the NFL 24 hours a day, 365 days a year.

Starting Week One of the NFL season and airing every Wednesday at 5:15pm ET, Sirius listeners will hear Bush recap games, break down upcoming match-ups and comment on teams and topics from around the league. The reports will air as part of The Afternoon Blitz, the daily talk show hosted by Adam Schein, Solomon Wilcots and Jim Miller that airs from 3 - 7pm ET on Sirius NFL Radio (ch 124).

Bush will also be featured in Sirius marketing initiatives to promote "NFL Sunday Drive" which features every pre-, regular, and post-season game of the NFL season.

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Howard Stern's Porky's gets the Green Light

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Howard Stern's PorkysSince 2002, we've heard about Howard Stern's remake of the cult-classic film Porky's - and now it appears the movie has been greenlit and is ready to shooting as early as this Fall.

According to SlashFilm, Stern Stern took a vacation from his daily Sirius Satellite Radio Show to work on the film project.

"They say it's all greenlit and everything, ready to go. They say they can even start shooting in October, but I don't know if that's true," says Stern. "It seemed like a fun project, which it is."

There's still no word on who exactly will be writing the script based on the original 1982 movie. Reportedly, Stern also said that a director has not yet been hired.

"We got two scripts that were developed simultaneously kind of. One's a rewrite of a rewrite of a script that we did - that I didn't do, but I was sort of in on. It's coming along pretty funny," said Stern. "We're going to combo them now because there's funny jokes in both and you have to figure out which is better for the movie. And I obsess on shit too because you want it to be good."

[SlashFilm]
Thanks realwx!

23 Comments

Hands on with the Sirius Stiletto 2

| 36 Comments

Well, I'm back from Sirius headquarters and there's a lot to give you guys. First let's start with a hands-on look at the new Sirius Stiletto 2.

Stiletto 2

Weight wise, it feels much lighter than the previous version, and the fact that it's thinner makes it much more manageable with one hand (especially if you have small nubs). The back of the unit with its new finish is a nice touch as well.

stiletto2_2.jpg

Note that the battery life has been extended to match that of the "fat" battery from first-gen Stiletto, but now without the extra bulge.

stiletto2_3.jpg

Tons more pics after the jump, and yes, even photos of the new Altec Lansing headphones...

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Sirius and Sonos team up to bring SIR to the home

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sirius-sonos-1.jpg
Sirius Satellite Radio and Sonos, Inc have partnered up to provide Sirius Internet Radio (SIR) to the Sonos Digital Music System.

This marks the first time that subscribers can listen to Sirius without the need of satellite radio hardware or a computer in the home.

The Sonos connects directly to Sirius Internet Radio, allowing you to listen to over 80 different channels (yes, including Howard Stern) in up to 32 rooms around the house. Sonos customers automatically receive a 30-day free trial of SIR, and the Sirius capabilities are provided through the v2.3 update of the Sonos System Software.

Check out the online demo here, or follow the jump for lots of additional photos...

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Sirius Stiletto 2: More photos to drool over...

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Sirius Stiletto 2
Want to see more pictures of the all new Sirius Stiletto 2? Why wouldn't you. Follow the jump for some huge images to feast your eyes on.

Side note: I apparently ruffled some feathers by saying the Stiletto 2 looks to be better than the Pioneer Inno. Yes, I know the Inno is nearly two years old. But without any updates from XM to show otherwise, I'd have to give the Stiletto 2 the crown in terms of capabilities (MicroSD, WiFi and cached "virtual channels" are the winners in my book).

Then again, the proof is in the pudding.

And I'm headed over to Sirius' HQ right now to go check out the Stiletto 2 in person... stay tuned.

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Sirius unveils new Sportster 5 (and I want one)

| 12 Comments

Sirius Sportster 5
Well, well, well. Looks like XM won't be the only one on the block with a color plug-and-play receiver (and it's a welcome update in the evolution of satellite radio). Introducing the brand spankin' new Sirius Sportster 5.

The Sportster 5 boasts a vivid color display, simple navigation, and the advanced features that you've come to love from the Sportster line of receivers.

Let's let the features speak for the Sportster 5, because as plug-and-plays go, this is the new hotness from Sirius:

  • Large multi-color display
  • Selectable colors: match your dash lights and mood (awesome)
  • Sirius Universal docking, so it's compatible with a majority of Sirius accessories
  • Sirius Replay: pause, rewind and replay up to 60 minutes of live radio
  • FM transmitter with FM preset function: allows you to store the best FM frequencies in your area
  • 30 channel presets plus the standard array of PnP features like S-Seek Alerts, Sports Alert, One-Touch Jump, personalized tickers, etc
  • Parental controls

  • Alarm clock w/snooze: wake up in the morning to Hard Attack

The Sirius Sportster 5 will MSRP for $169.99 and will be available at retail this Fall 2007. Yet another winner from Sirius today.

Want more pics? Sure you do, check out more photos of the Sportster 5 after the jump...

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Sirius Stiletto 2 unveiled

| 26 Comments

Sirius Stiletto 2Sirius has taken the wraps off of the new Sirius Stiletto 2, something that we all knew was going to happen less that two weeks ago.

Here's the breakdown of the features and highlights:

  • Store 100 hours of content
  • The Stiletto 2 is smaller (1.9" x 4.3" x 0.6") and lighter (4.3 oz)
  • Enhanced 802.11 b/g WiFi now supports commercial hotspots (username/password options now available)
  • MicroSD slot for expandable MP3 storage
  • Support for any Windows Media-based music store
  • Sirius Replay, which allows users to pause, rewind and replay 60 minutes of live radio programming
  • Radio Replays - stored music broadcasts from your favorite music channels that create "virtual channels" - these are available even when you have no WiFi or Sirius signal (awesome)
  • Altec Lansing will supply new antenna headphones (model # AHP202SIR) for the Stiletto 2. Featuring 30mm drivers and an adjustable headband for increased comfort.
  • Battery life: 4 hours live satellite, 10 hours WiFi, 20 hours of pre-recorded content
  • MSRP: $349.99 (vehicle kit: $49.99; executive system: $149.99)
  • The Sirius Stiletto 2 will be available in Fall 2007

Wow, I want one. May I say, the Stiletto 2 looks like it blows the Inno out of the water.

Thanks to everyone who sent this in!

26 Comments

YouTube video attacks Sirius-XM merger (and guess who created it?)

| 24 Comments

There's a YouTube video up called "Farmer Mel" that attacks the Sirius-XM merger, and in a pretty personal matter I might add.

Watch the video below (RSS/Email subscribers may need to click to see the video, trust me, it's worth it).

Now here's the kicker. The video was created by C3SR (or the "Consumer Coalition for Competition in Satellite Radio") and encourages viewers to visit their website and "let the FCC know that you oppose a satellite radio monopoly." (UPDATE: For what it's worth, they make no secret of this, the end screen shows that C3SR produced it.)

In an effort to garner support (or views), the NAB sent out an email blast sent out to members asking them to watch it:

From: "John David"
Date: Tue, 14 Aug 2007
Subject: YouTube Video Pokes Fun at Satellite Radio Monopoly

I want to be sure you see this humorous depiction of the proposed XM/Sirius merger-to-monopoly posted to YouTube by the Consumer Coalition for Competition in Satellite Radio. After you have viewed it, I hope you will visit the Web site, www.c3sr.org, and send an email to the Federal Communications Commission opposing this monopoly. XM and Sirius have increased their number of pro-merger comments by tapping into their subscriber base, and those who oppose this merger need to have their voices heard.

Feel free to forward to your friends: http://www.youtube.com/watch?v=Bp8RCneVcrQ

John David
Executive Vice President/Radio
National Association of Broadcasters
1771 N Street, N.W.
Washington, D.C. 20036
Phone 202.429.5305 and Fax 202.775.3523
jdavid@nab.org

How nice. Nothing like a little co-marketing to help boost a social media campaign. If you're wondering where a bunch of college students got the budget to create such a video, just remember C3SR is supported by the NAB.

UPDATE: Apparently C3SR doesn't quite enjoy comments to the video that oppose their view. The following comment was just deleted:

fcukradio
What transparent bull5h!t. What it really should say is, "Paid for by Clear Channel and CBS - two companies who now realize what they've done to radio. The consequences of greed are being realized. You've taken all that terrestrial radio had to give and have bankrupted yourselves. There's no more costs to cut, no more talent to bleed and no more viability. Rot in hell.

Guess they don't like that whole "transparency" aspect of social media. Apparently so much so that comments are now turned off on the video (except for pro-NAB comments of course).

No worries, you can still add a comment to the video creator's profile page: jbrady82.

YET ANOTHER UPDATE: Well that was fast. Comments to the video are turned back on. Bombs away.

24 Comments

XM launches unsigned artist campaign on MySpace

| 1 Comment

XM hip-hop contest on MySpace
XM and MySpace have launched an online search for unsigned hip-hop and R&B artists on a special section on MySpace called "Show Us What Ya Got!" Submitting a song gives entrants the opportunity to perform at The Mix Show Power Summit, and one grand prize winner will get a mix tape created with a high profile DJ, an on-air XM appearance and more.

All entries for the competition must be submitted between now and August 31, 2007. The entries will be reviewed by a panel of judges made up of music editors and industry artists who will select 5 finalists and post their entries on the XM MySpace community page for open voting.

Video blogs will be posted regularly, featuring advice and trends in the urban music industry from DJ Enuff, founder of Heavy Hitters DJs; Rene McLean, CEO of The Power Summit; and Bryan Leach, senior VP of Urban J Records and president of Polo Grounds Music. Video blogs with behind-the-scenes advice will also be available by on-air talent from XM's urban channels, including: Mz. Kitti, DJ "Funkregulata" Celo and DJ Furious Styles from RAW (ch 66); Lisa Lisa, Tiff Square, and Nina Nine from The City (ch 67).

Members from the MySpace community can view blogs and vote for their favorites among the top five finalists.

Three finalists will be selected for superstar treatment, including a free trip to The Power Summit, on October 24-27 in the Dominican Republic, to perform for an audience of the top record industry elite in the country. Past performers include Kanye West, Eminem, 50 Cent and Alicia Keys. Leo G, program director for XM's RAW channel, will be among the panel of on-site judges to watch the performances, provide on-the-spot commentary and award a grand prize finalist.

The live performance will be broadcast live on the XM MySpace community page reaching MySpacers around the globe.

The grand prize winning artist or group (who'll be selected by The Power Summit audience) and will receive:

  • A mixtape created with a high profile DJ
  • The opportunity to appear as the opening act on the MySpace Secret Show, a series of music performances only available to "friends" of the page.
  • A local grassroots sniping promotional campaign
  • All expense paid trip to be a guest on XM Radio in Washington, DC, and two weeks XM airplay
  • MySpace Music Feature

[View the XM MySpace page here]

1 Comment

Imus settles with CBS Radio

| 3 Comments

Reportedly Don Imus has agreed to settle with CBS for $20 million, and a non disparaging clause, according to the Drudge Report's legal sources.

The move opens the possibility Imus will soon return to the airwaves, reportedly as soon as January. Some wonder whether Imus could be headed to Sirius, since Mel Karmazin, a former boss of Imus, recently told the Fox News Channel he'd hire him.

"The fact that he had been fired wouldn't stop me from having Don work for me again," Karmazin said. "He makes you a lot of money."

[Drudge Report]

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XM's user-generated video contest coming to a close

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A couple months ago it was rumored that XM will be running user-generated ad campaign contest, details of which were later found out.

Well, the contest - which is to make your own TV commercial promoting XM - is coming to a close on August 26th. So yes, there's still time left to enter. There's been several submissions made to Current TV - so far, my personal favorite is this one:

Remember, these aren't just for bragging rights. The winning videos get $1,000 per piece on TV. Not too shabby.

[XM Radio VCAM]

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XM unveils XpressRC, the first color plug-and-play

| 25 Comments

XM XpressRC
XM has taken the wraps off the new XpressRC - the first full-color plug-and-play radio with a split-screen display. Not only do you get the much needed full-color display, but the XpressRC features 60-minute pause/replay functionality and the ability to save up to 10 favorite songs for later listening.

I noted back in May that color displays were a long-needed function for plug-and-play receivers - a feature that now will be a reality.

XpressRC features include:

A customizable, color display that allows XM listeners to view channel, artist name and song title. The split-screen lets listeners view the current channel information on the left side, while browsing to view what is playing on up to three different channels on the right side. The split-screen allows listeners to easily browse to discover what XM content is playing on multiple favorite channels without having to change the dial.

A buffer that saves the last 60 minutes of programming so listeners can easily replay what they just heard. XpressRC users can also pause the XM programming they are listening to with the option to play that programming as long as it is within the 60-minute timeframe (and the unit is not powered off).

The ability to easily save up to 10 favorite songs for future listening. The split-screen option enables listeners to see the artist and song that is currently playing on the left side of the screen, and view up to five other saved songs on the right side at the same time. (I can only assume the 10-songs limitation is a concession for the RIAA, considering the Inno lawsuit is still going on.)

Quick channel navigation with the option to pre-set up to 10 favorite channels, or press number buttons to enter and move directly to the desired channel.

The radio display automatically adjusts brightness from day to night while in the car and includes a customizable stock and sports ticker, as well as TuneSelect alerts (notifies you when a song/artist is playing on another channel).

The XpressRC includes a new FrequencyFinder feature, which conveniently scans and locates FM frequencies for listening to XM through your FM radio.

Interestingly enough, even though the receiver sports the "Xpress" moniker, the device is actually manufactured by Delphi. Audiovox in the past manufactured the Xpress, XpressR, and XpressEZ - but it looks like XM is extending the Xpress brand to other manufacturers now as well.

The XpressRC will be available in fall 2007, with an MSRP of $169.99.

[Product Page]

More photos of the XpressRC available after the jump...

25 Comments

Barry Switzer joins XM Satellite Radio

| 4 Comments

Barry SwitzerBarry Switzer is joining XM Satellite Radio as a football analyst this fall for XM's sports talk radio channel: XM Sports Nation (ch 144).

Starting on August 20th, Switzer will appear live on the show "XM Sports Nation This Morning" with host T.J. Rives every Monday and Friday from 6:30am to 8am ET. Switzer will join Rives in sizing up the week's biggest match-ups in college and professional football, and they'll take phone calls from XM listeners across the United States.

During his 16 years as football coach at the University of Oklahoma, Switzer led the Sooners to three national championships, and he posted the fourth-best winning percentage (.837) in college football history. In the NFL he coached the Dallas Cowboys to victory in Super Bowl XXX, retiring in 1997 with a 45-26 career NFL coaching record.

A member of the College Football Hall of Fame, Switzer joins XM as they prepare to offer their largest package of college football games ever. XM is now the official satellite radio network for all six "power" conferences in college football -- the ACC, Big East, Big Ten, Big 12, Pac-10, and SEC. This will be the first season that XM will carry Big 12 and SEC games. XM also recently signed an agreement with FOX Sports to be the exclusive satellite radio network for the Bowl Championship Series (BCS) National Championship Game and other BCS games.

Check out another photo of Switzer after the jump...

4 Comments

Wired gets it wrong: The facts on SoundExchange

| 7 Comments

WiredIn an article featured in this week's Wired Listening Post, writer Eliot Van Buskirk lays down claims that SoundExchange has been "caught lobbying." He alleges that SoundExchange is not authorized to fund musicFIRST, which is currently at war on Capitol Hill with terrestrial radio over performance royalties.

In essence, Wired is accusing that SoundExchange of acting illegally... or "apparently" acting illegally. Because section Section 114(g)(3) of the Copyright Act limits how the nonprofit can spend the money it collects. Eliot Van Buskirk feels that SoundExchange has violated this section of the law, and that "SoundExchange should immediately sever its ties to musicFirst and any other lobbying group it funds or assists, and fulfill its role as a neutral administrator of fees."

The problem? Wired doesn't have the facts straight. And I need to call them out on this.

First, some background.
Let me preface this by saying that I don't like SoundExchange. SoundExchange was founded by the RIAA to handle the performance royalty side of the business. And the long-arm of the RIAA rubs me the wrong way on many different levels. I feel the music industry has used legislation, as opposed to innovation, to further its cause in light of a rapidly changing digital music revolution. So in general practice, I'm skeptical of everything coming from the music industry.

That said, I'm also in favor of performance artists getting paid. The artists who physically make the music we hear on the radio (be it terrestrial, satellite or internet) should be compensated - fairly - for that airplay. By "fairly" I don't mean the ridiculous rates that SoundExchange is currently asking for (from both internet and satellite radio). But I also don't think there should be a differentiator between analog and digital radio. The delivery method should hold no bearing on royalty compensation. Period.

Bottom line: I'm in favor of leveling the playing field. Whether I personally like the music industry makes no difference - all forms of radio should be treated equal. And it's my personal opinion that if terrestrial radio was treated on equal ground as other forms of radio, then the burden on internet radio and satellite radio wouldn't be so high.

So that's my opinion, now let's get to the facts, shall we?

SoundExchange is 501c(6) non-profit trade association that's authorized to advocate on behalf of its members for a common business interest. By definition (and by law) that's what a 501c(6) organization does.

Here's how it works:
SoundExchange sends royalty checks to all artists (members and non-members) whose songs have been played. Period. If an artist is a SoundExchange member, a portion of their royalties can be allocated to programs the organization believes in (such as musicFIRST). These members don't determine how these funds are used - that's why they have an executive board - and the SoundExchange board makes this decision. If you've ever been part of an organization, you know that the board makes decisions based on the interests of the organization and its members. Usually by a vote.

And the SoundExchange board unanimously approved the funding and participation in the musicFIRST Coalition. So, if musicFIRST is successful and the performance royalties for terrestrial radio are granted, this will obviously benefit SoundExchange's members. It all goes back to that "advocating for its members" concept.

Now I'm no lawyer, so for the legal terminology, here's what Michael Huppe of SoundExchange's general counsel had to say about everything:

"Like most performing rights organizations, SoundExchange operates as a 501(c)(6) membership organization to benefit its members and their interests. In that capacity it advocates on behalf of and offers services to its members as directed by its board. In supporting musicFIRST, SoundExchange is operating in this capacity and only utilizes member funds after approval of the board. It does not use non-member funds for this purpose."

(You lawyers reading this will enjoy the next section.)

"As the collective responsible for receiving royalties under section 114 of the Copyright Act, SoundExchange collects and distributes royalties for all artists and labels regardless of whether they are members of SoundExchange. When operating in that capacity, SoundExchange is guided by 114(g)(3), which lists what deductions may be taken for costs. In such cases, administrative costs may be covered by royalties to all payees (members and non-members alike)."

Wait. Now read that bolded sentence over again. The money that the SoundExchange Board is authorized to use for musicFIRST comes only from member royalties, not royalties collected from non-members.

The Wired article seemingly ignores this fact, even though Michael Huppe even provided this info in the article itself.

What the Wired article does do, is seek the advice of other legal experts. But... those legal experts don't make any definite conclusions:

"Jessica Litman, a law professor at the University of Michigan, could not point to any legal grounds for SoundExchange's move, saying, 'I'm not aware of any statute that authorizes the contribution.'"

That does not mean the legal grounds aren't there or don't exist just because she could not point to them. They’re actually very clear: the incorporation of SoundExchange as a 501c(6) gives it the authority to advocate for its members.

"Shoshana Zisk, a music attorney in San Francisco, said, 'Upon reading Copyright Act Section 114(g)(3), it would appear that funding a lobbying or PR organization (such as musicFIRST) is a violation of this provision.'"

Now this looks to be Wired strongest argument. But, Zisk doesn't distinguish between funding based on authority granted by 114(g)(3) of the statute, which applies to all domestic royalties collected by SoundExchange. Again, the funding is authorized by members of SoundExchange, not all the copyright owners and performers who SoundExchange pays. This may sound like legalese, but there's actually a very distinct difference between them.

Members, and only members, paid for musicFIRST.

Understanding this, Wired's accusations fall flat on their face. Not surprising, considering that the article was all based on what "a source familiar with SoundExchange told [Eliot Van Buskirk] on condition of anonymity".

Many organizations, especially a 501c(6), use different operating funds for operations and for advocacy. In accordance with the law, the SoundExchange board only approved the funding to support the artists and copyright owners that they represent. That's all.

More importantly none of this spewing of misinformation does a bit to help anyone. Not listeners. Not musicians. Not even Wired. It only leads to benefit organizations - like the NAB - who oppose the thought that musicians should be paid when they get airplay.

The real issue at hand is that we're supporting 70-year old rules that give terrestrial radio a free ride. And we're one of the only countries in the world that do this (along with Iran, China, Rwanda, and North Korea).

Terrestrial radio is an industry that pulls in profits that nearly double what the music industry makes. These aren't small 'mom and pop' stations, but huge media conglomerates. There is absolutely no reason why Internet Radio and Satellite Radio should foot the bill, while terrestrial sits idly by enjoying an obscene government-sanctioned profit margin.

[Read the original Wired article]

7 Comments

PTC vs NAB: A La Carte debate heats up

| 11 Comments

PTC vs NAB
The million-member strong Parent Television Council has fired a shot across the bow at the NAB over the "analysis" that a satellite radio a la carte packages would not better serve the consumer. The PTC called the NAB's claims “irrelevant” and called the NAB’s practices “self-serving, anti-competitive practices.”

The PTC recently praised Sirius-XM for their a la carte plans, calling it "groundbreaking" if enacted.

In a statement made to Radio & Records on Thursday, PTC director of corporate and government affairs Dan Isett said, “The National Association of Broadcasters has thrown up a red herring by claiming that prices would rise under an a la carte model for satellite radio. In its January 2007 report about cable television pricing, the FCC debunked the suggestion that prices would rise under an a la carte model.”

Isett added that “despite the NAB’s claims, the per-channel cost of programming is completely irrelevant unless the consumer has the ability to choose that programming on a per-channel basis. The same is true of cable television programming.”

NAB’s self-serving, anti-competitive practices have now been exposed, and it is unfortunate that the NAB has adopted the cable television industry’s anti-consumer choice talking points,” Isett said.

[Radio & Records]

11 Comments

Update on Sirius/XM CRB proceedings

| No Comments

Satellite Radio RoyaltiesSirius and XM are still in the midsts of a proceeding in front of the Copyright Royalty Board (CRB) over music performance royalties to be paid to SoundExchange. A recent SEC filing by Sirius provides more clarity over what has taken place, and what's currently on the table.

In June, the hearing took place between Sirius/XM and SoundExchange (the organization that collects and distributes the royalties to performance artists). In July, all parties filed rebuttal cases, and in August the CRB will convene to have the rebuttal evidence presented.

Now here's where the
Sirius and XM originally proposed a royalty rate of 0.89% of all satellite radio subscription revenue. But this has now changed (at least for Sirius - and I assume XM - though that has not been specifically noted) . They've proposed a new rate of $1.20 for each performance made of a copyrighted sound recording.

That's for 2007. Sirius (and again, presumably XM) also proposed that this royalty rate be adjusted each subsequent year by a percentage equal to the percentage change in aggregate satellite radio subscribers during the preceding year.

SoundExchange has originally proposed a scaled system, ranging in seven steps - from 8% of all revenue, to an incredible 23% of all revenue. That translates to a range of $0.85 per subscriber, to $3.00 per subscriber. The problem with this (in my opinion) is that a percentage of all revenue makes no sense when a large amount of the programming made available on Sirius and XM is talk, news and sports programming. All of which already have their own individual contract arrangements (and Sirius/XM pay significantly for them). There's no need for performers to get a cut of Howard Stern's listenership.

But SoundExchange has also provided an alternative, which is encouraging. It's a per-broadcast fee structure, which (they claim) is calculated to reach similar fee levels if Satellite Radio continues with their current level of music performances.

The key takeaway here is a per-performance rate is now on the table. I'm not sure how many performances either service plays per month (a figure I heard from XM was 160,000 unique songs per month - but that's not all inclusive), but a per-performance rate sounds far more reasonable than a percentage of all revenue. Keep in mind that Mel has previously testified that he would consider removing music from the service if the original SoundExchange rate proposal were adopted. So it's encouraging that SoundExchange is also considering a per-broadcast structure.

Sirius said at last week's earnings call that they expect a decision from the CRB proceedings by the end of this year.

[Sirius 10-Q]

No Comments

It's Elvis Week on both Sirius and XM

| 1 Comment

ElvisElvis died 30 years ago this week (on August 16, 1977) and Elvis Presley fans from all over the world will descend on Graceland for this year's Elvis Week. And both Sirius and XM will be featuring a week of special programming honoring The King.

Sirius Satellite Radio's Elvis Radio (ch 13) will have full coverage of all the big events from Graceland. Programming includes the Elvis Tribute Artists semi-finals as well as interviews with the people who were closest to Elvis, like original trio drummer D.J. Fontana. There will also be backstage coverage of "Elvis: The 30th Anniversary Concert," and "The 3rd Annual Sirius Satellite Radio Candlelight Vigil" show hosted by long time Elvis friend George Klein

XM Satellite Radio's The 50s on 5 (ch 5) own resident Memphian, Alex Ward (host of XM’s "Pink & Black Days") will be all over Memphis all week covering Elvis Week. He"ll go from activities on Beale Street to the candle light vigil at Graceland and everywhere in-between.

Tune in to both satcasters this week for a full week of programs paying tribute to the most popular American Icon in history.

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XM covering SCREAMFEST '07

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SCREAMFEST 2007
One of the biggest hip-hop/R&B tours of the summer, SCREAMFEST '07, started last Friday (August 3rd) and continues on through September 2nd. For those who can't get tickets, XM's broadcasts of SCREAMFEST opening night performances is the closest you can get to being there.

This Saturday, August 11th, XM's hip-hop hits channel The Heat (ch 68) will air multi-platinum selling artists T.I. and Ciara, as well as rising stars Yung Joc and T-Pain, recorded live from the SCREAMFEST ’07 opening night. Encores will air each Saturday until the tour ends (so that's 8/18, 8/25 and 9/1). All broadcast times are 9pm ET on The Heat.

XM also will air exclusive countdown shows hosted by T.I., Ciara and Lloyd during the month of August, as well as regular on-the-road, backstage reports from every stop during the tour.

Another cool thing to note: XM looks to be pushing some Mobile Marketing efforts with Screamfest, allowing cellphone users to text various messages to 46896. Each message sent will return something different, like Screamfest tour dates, to XM exclusive music, or XM free trials, etc. Check out on the Screamfest page for more info. It's good to see the marketing folks exploring newer angles of engaging potential audiences.

[SCREAMFEST '07 on XM]

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JD Power releases Satellite Radio numbers

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Satellite Radio SatisfactionJ.D. Power and Associates released a report on satellite radio market penetration, as well as numbers on the problems that consumers face with various satellite radio installs.

According to the J.D. Power and Associates 2007 Multimedia Quality and Satisfaction Study, nearly 40% of consumers report having satellite radio capability in their new-vehicle's audio system, an increase from 26% the previous year. Additionally, 94% of owners indicate that their satellite radio is factory or dealer installed, up from 92% in 2006.

The study also found that owners report more problems with navigation systems and satellite radio (such as poor satellite radio reception) more than their less technologically-advanced alternatives. Not much of a surprise there.

"It's interesting to note that while consumers who have more complex systems tend to have more problems, they also have higher satisfaction levels than consumers with simpler systems," said Allison LaDuc, senior research manager of automotive product quality at JD Power.

Among manufacturers in the AM/FM/Multi CD Changer/Satellite segment, Panasonic ranks highest, followed by Pioneer, Delphi, and finally Visteon.

[Press Release]

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Bushnell ONIX 400 to hit stores in September

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Bushnell ONIX 400
The Bushnell ONIX 400 GPS/XM Satellite Radio/XM NavWeather uber-device has been a subject of obsession since CES, but beyond the "Summer" ship date we've never known when it would be available to the equally obsessive masses.

Well, an Orbitcast reader grabbed the bull by the horns and did the unthinkable... he emailed Bushnell. And who'da thunk it, they actually gave him the scoop on the ship date:

Good afternoon,

Thank you for contacting Bushnell. You should start to see the Onix 400 in stores around the first to second week of September.

And there it is. The wait is nearly over.

Thanks Gregg!

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NAB follows up with FCC, mentions Toyota again

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NABThe NAB has sent a follow-up letter to the FCC after meeting with Commissioner Jonathan Adelstein, Rudy Brioché, and Christopher Naoum on Tuesday. The meeting was a follow-up of its own to discuss the NAB's "analysis" of Sirius-XM's A La Carte pricing.

In the letter, they list the US Senators and Representatives who voiced opposition to the merger, as well as other groups/individuals (like C3SR and American Antitrust Institute among others).

And they again depict Toyota as being on their side. They even add the following footnote:

"Even long-time XM partner Toyota expresses concerns that an XM-Sirius merger may harm
audio quality and consumer interests."

Wow. Seeing how Toyota reacted to the first "mischaracterization," I wonder how they'll react to this?

[Read letter (PDF)]
Thanks Tim!

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Paul van Dyk takes over Area 33

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Paul van DykSirius Satellite Radio's trance and progressive house channel, Area 33 (ch 33), will become "PvD 33" in celebration of Paul van Dyk's first anniversary on Sirius.

The Grammy nominated DJ and producer Paul van Dyk signed with Sirius and launched Vonyc Sessions, a 2-hour show on Area 33, a year ago today.

Listen all day today for 24-hours of non-stop music from the pioneer of the Berlin trance style. PvD 33 will showcase the Sirius debut of the Vonyc Sessions, The Politics of Dancing, Re-Reflections and more from Paul’s incredible career.

Sirius also is featuring an exclusive interview with Paul van Dyk here.

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Senator McCaskill writes letter opposing Sirius-XM merger

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Senator McCaskillSenator Claire McCaskill (D-MO) wrote a letter to FCC Chairman Kevin Martin and Assistant Attorney General Thomas Barnett opposing the proposed merger between Sirius and XM.

In the letter, McCaskill states that she does "not believe the merger is in the best interest of consumers" and asks that it be rejected. Senator McCaskill is now the 82nd lawmaker to express opposition to the XM-Sirius merger.

McCaskill said that even though the satellite radio does compete with terrestrial radio and the digital marketplace, the service it provides is different since it's subscription based. The Senator noted that both are not subject to indecency and public interest requirements. McCaskill also wrote that both services have benefited from competition from one another.

"A market, absent of this condition, would not protect consumers," she added.

I wonder if the NAB would use the same logic when it comes to media ownership rules.

[Radio Online]

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Toyota is not happy with the NAB

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ToyotaThe NAB selectively quoted from Toyota's merger comments in a letter they sent to the FCC, and Toyota apparently is not happy about it, calling it a "mischaracterization" in a letter to the FCC.

Toyota's July 9th filing stated "with a finite bandwidth for both XM and Sirius, it may be difficult for a combined entity to deliver more content while maintaining or even improving audio quality."

The NAB took this to mean that Toyota "expresses doubts whether the merger is a good idea." (The letter in question of course, is the famous "sow's ear" letter.)

But Toyota said no such thing, and never meant to express any such doubts about the merger. An attorney representing wrote in a response to the FCC that "Toyota wishes to clarify any confusion that may result from the NAB’s mischaracterization of our comments."

"Toyota intended to reiterate that satellite radio bandwidth continues to limit audio quality," wrote Toyota's attorney. "This is a concern irrespective of the number of satellite radio providers, and was not intended to suggest that the problem would be worse with a single provider should the merger be approved."

"Toyota’s comment should not be read to suggest that this concern raises any doubts for Toyota as to whether the merger is a good idea."

[Read Letter (PDF) via SiriusBuzz]

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Satellite Radio listeners lead as Influentials

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Satellite Radio Influentials
A recent Bridge Ratings study found that satellite radio listeners leads other radio formats in attracting Influentials, nearly 30% more than all of traditional radio.

"Influentials" are segments of the audience who are enthusiasts, who influence others to act on or consume products or services. They're a group of very active consumers who others turn to for advice and product recommendations. In other words, they're the hubs of word-of-mouth marketing.

And the Bridge study found that Satellite Radio Influentials are ten times more passionate about their experience than their terrestrial radio counterparts.

This isn't surprising, since most satellite radio listeners are also subscribers. So they are passionate enough to pay for radio while others simply turn on the radio.

Knowing that satellite radio listeners far outweigh terrestrial radio listeners in their word-of-mouth clout holds more value than you think. Because aside from Sirius and XM trying to appeal to Influentials, there's another group that desperately wants to get on their good side... advertisers.

Audio entertainment isn't the only rapidly evolving segment of the media right now. Everything in media is changing, including the rules on how companies market their product to their core audience. In an age where peer networks have more chops than the traditional 30-second spot, the one group marketers want to target is the New Influential.

And this study shows that satellite radio is chock full of them. Might be something for the Ad Sales folks to look into the next time they're courting a prospect.

[Bridge Ratings]

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Charley Pride to guest DJ on Sirius

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Charley PrideCountry legend Charley Pride will guest DJ on Sirius Satellite Radio's classic country channel, The Roadhouse (ch 62).

The Grammy-winner and Country Music Association Entertainer of the Year will share songs and stories from some of his favorite artists and friends including Conway Twitty, Loretta Lynn, Sonny James, to name a few. He'll also share some of his own music from a career that has spanned over 50 years with over 70 million records sold.

Tune in this Friday, August 10th at 2pm ET
(Encores air on Saturday, August 10th at 12pm ET and Sunday, August 11th at 5pm ET).

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XM NavWeather - the service for the Bushnell ONIX400

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Bushnell ONIX 400While we're all twiddling our thumbs waiting for the Bushnell ONIX400 uber-gps to come out, it looks like Bushnell has spilled the beans on the real naming of its corresponding 'personal' weather service.

I say real naming, because in the beginning of the year word got out that the consumer version of XM WX was going to be called XM SkyWatch. Indeed, even the XM WX website shows SkyWatch as one of the packages... though, for marine purposes only. (Remember, XM WX is an ultra-advanced, professional service that likely wouldn't suit the consumer who's simply trying to avoid getting wet.)

So leave it to Bushnell to list "XM NavWeather" on their website, putting all speculation to rest. The nice thing is that the pricing info from back in January hasn't changed:

XM NavWeather (only)
$9.95 / month

XM Radio & XM NavWeather
$16.94 / month

Now the only remaining question is... when is the Bushnell ONIX400 coming out? Because I really want one.

[Bushnell]

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NAB "A La Sham" report gets some media attention

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NAB's A La Sham
It's sad that the New York Post is actually giving any attention to the NAB's "analysis" - and subsequent name-calling - of Sirius-XM's proposed A La Carte pricing.

Then again, Peter Lauria does leave subtle drops about the NAB's "increasingly vitriolic quest" to block the merger, as well as their critique of A La Carte "coincides, somewhat inopportunely," with the words of praise from the FCC Chairman.

And I'm glad he picked up on this bit: "...while Sirius and XM have been open about the equipment upgrades needed for a la carte, the NAB does not mention that terrestrial broadcasting's push into high-definition radio also will require a hardware upgrade."

In other words, "do as I say, not as I do."

[New York Post]

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Spotted: XM at AFL-CIO Presidential Candidate Debate

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All the major Democratic candidates were at Soldier Field in Chicago today for a debate hosted by the nations largest labor federation, the AFL-CIO. And XM Satellite Radio's POTUS '08 team was also there providing live coverage of the event.

XM POTUS at AFL-CIO

The photo above is XM's Tim Farley (left) and Scott Walterman (far right) broadcasting from ringside seats among the approximate 15,000 union workers in the audience. Below is a photo taken from the XM broadcast booth.

AFL-CIO Presidential Debates

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NAB calls A La Carte an "A La Sham"

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David RehrThe NAB has released an analysis showing that the A La Carte proposal - the one that the FCC Chairman has just expressed being pleased with - is in fact... a "sham."

The NAB (reaching further back into the coffers of dead terminology by calling the proposal "much-ballyhooed") found that the A La Carte offering in fact costs more on a per-channel basis than what subscribers currently pay.

It's amusing that the NAB finds that a "required hardware upgrade" as being against the public interest, when they're pushing for HD Radio which... requires a hardware upgrade. It's even more amusing that they assume the FCC doesn't see right through this.

Regardless, NAB staff will be meeting with FCC Commissioners and FCC staff this afternoon to present the the pricing chart analysis. In addition, the analysis will be forwarded to the DOJ. Presumably because they are under the assumption that these government agencies cannot perform simple math on their own.

Even the most superficial "analysis" of the A La Carte plan shows that pricing per-channel is higher, but I don' t think that's the point. And apparently neither does Kevin Martin.

Today Martin said he was "pleased any time companies come forward with proposals that would give consumers more control over what they pay for." It's about control, not necessarily price-per-channel. Surely the economies of scale don't escape Mr. Martin (nor the NAB, though they may ignore them in this case), but hey, when you've got an agenda, why let logic get in the way?

Read the full "analysis" here (PDF) or view it after the jump...

35 Comments

Kevin Martin is "pleased" with Sirius/XM A La Carte proposal

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FCC Chairman Kevin MartinFCC Chairman Kevin Martin said to reporters he was "pleased" with the a la carte proposal submitted by Sirius and XM, calling it an "important proposal."

Though he admitted that he hadn't read the details of the plan put forth by the two satellite radio companies, Martin said he was "pleased any time companies come forward with proposals that would give consumers more control over what they pay for."

The issue of a la carte has been one Martin has long advocated for cable television companies. It was widely seen by analysts that Karmazin was trying to curry favor with Martin with the proposals.

Martin, who was speaking to reporters after the FCC's monthly public meeting, said he could provide no guidance on when the merger might be decided on by commissioners.

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Senator Dorgan opposes Satellite Radio Merger

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Senator Byron Dorgan on Sirius and XM merger
Senator Byron Dorgan (D-ND), chairman of the Democratic Policy Committee and a member of the Senate Commerce Committee and Appropriations Committee, is the latest on Capitol Hill to publicly oppose the XM-Sirius merger.

Dorgan sent a letter to DOJ Assistant Attorney General Thomas Barnett and FCC Chairman Kevin Martin opposing the proposed deal.

In the letter, Dorgan cites the FCC's condition that prevents one SDARS license holder from acquiring control of the remaining license.

Dorgan writes that "Little has changed since their initial licensing in 1997. While other forms of audio have sprouted up around the country, such as terrestrial radio, webcasting or mp3 players, the companies have no proven beyond a doubt that these forms amount to competition."

...funny, I didn't think that terrestrial just sprouted up since 1997. Bah, semantics!

Dorgan concludes, "I cannot believe that this merger will result in lower prices or increase diversity. And I cannot believe that the public will be better served by this merger. As I said in April and I still believe, this isn't even a close call. I urge you to reject the merger proposal by XM and Sirius."

[Read full letter (PDF) via FMQB]

20 Comments

Ferrari becomes first supercar brand to offer XM

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Ferrari 612 Scaglietti
We got a hint of this announcement from XM's "Coolest Car" promotion last week, but now its official: the Ferrari 612 Scaglietti is the first Ferrari to come with XM Satellite Radio and XM NavTraffic factory-installed.

Arguably, you can say that this is first supercar to come with satellite radio factory-installed, but that is a distinction that Porsche and Aston Martin may dispute. And even the Audi R8 may hold rights to the 'supercar' moniker. But there's no arguing that Ferrari is the definitive supercar, and by including both the satellite radio - and traffic data component - there's a "first" somewhere in there.

The Ferrari 612 Scaglietti will come equipped with both XM Satellite Radio and XM NavTraffic as standard features and will be incorporated into the vehicle’s advanced audio and navigation system (which includes voice recognition and a built-in Compact Flash card reader).

Ferrari will also include 3-years of XM and XM NavTraffic service with each vehicle. Though considering the clientèle, I don't think the word "free" really makes a difference. It's quality that holds all the weight, and XM just earned some serious street cred with both Ferrari and Porsche under their belt. (Lamborghini has yet to tie up a relationship under the Sirius/Vee-Dub deal, though Bentley and Roll Royce ain't too shabby.)

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Dell buys Zing (...and something's amiss)

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Dell DJ SatelliteDell, the company that was to have its own portable XM receiver (and never did) has said it will buy Zing, the company that (successfully) built the Wifi component for the Sirius Stiletto.

Curious.

Zing makes software for consumer electronics that allows devices to connect and listen to music over Wifi. Stiletto users know all about this, as Sirius was the first to license the technology. Zing has since moved on to partner with SanDisk and most recently with Pandora for its own Wifi portable. Zing also receive $12.5 million in third-round funding earlier this year.

But now Dell has scooped up Zing, saying it reflects a "renewed interest and energy" in the company's consumer businesses. Terms of the deal were not disclosed.

And while I doubt it means that a Dell DJ Satellite is back, you can almost guarantee that it means a new line of Wifi Internet Radio players will be coming to town.

[Forbes]
Thanks to everyone who sent this in!

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XM to air AFL-CIO Presidential Debate

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AFL-CIO Presidential Forum
XM will be airing the AFL-CIO Presidential Candidates Forum on Tuesday, August 7th, on the channel dedicated to the 2008 presidential election, POTUS '08 (ch 130). XM will be the sole radio outlet to carry the event.

XM's Scott Walterman and Tim Farley will kick off the broadcast at 6pm ET with a one hour pre-show. Then the Democratic candidate debate, moderated by MSNBC’s Keith Olbermann, will air live from 7pm to 8:30pm ET.

Following the conclusion of the debate, the channel will repeat the broadcast for 24 hours. While POTUS '08 will officially launch in September, the channel has been airing GOP and Democratic forums during the summer in advance of the launch.

Side Note: Hopping on the YouTube/CNN bandwagon (and striving to appeal to the social media consuming masses) the AFL-CIO is inviting people to choose questions for the candidates through an online vote. Select from the ten top questions, those that get the most votes will be asked on Tuesday night.

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Busted: NAB cites satelite radio as competition on website

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NAB Radio Show Even while the National Association of Broadcasters (NAB) attempts to scuttle the Sirius-XM merger, they still can't resist admitting that they compete directly with satellite radio and other forms of audio media. We're not talking about NAB CEO and President David Rehr's speech at the National Press Club last year (watch the video here) where he lists satellite radio as a competitor. Though that alone is fairly telling. Instead, its now their web site and a promotion of an upcoming session at the annual NAB Radio Show, that admits it all:
"In the AM radio days, perhaps there were a half-dozen radio choices for most consumers. With the advent of FM, the number expanded to perhaps 20 or 30 options. Today, with satellite radio, streaming and pod-casts, the options are nearly infinite. The consumer will soon see an ‘Infinite Dial’, where any kind of radio, for any kind of taste, will be available at any time. How will your station compete in such an environment, where anyone can find anything at any time?"
Indeed. Despite flip-flopping their position, backpedaling claims that satellite is not competition, banner hanging campaigns, and let's not forget the old sow's ear; the NAB still can't resist citing satellite radio as competition. It's one thing to mention it during a speech, but it's another to spell it out on your website. Unless of course... it's the truth. [NAB Radio Show: The Infinite Dial]
57 Comments

Sirius presents Newport Jazz Weekend

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Horace Silver
Sirius Satellite Radio is saluting The Newport Jazz festival with a special weekend of programming, from 9am ET on Saturday August 11th through midnight ET on Sunday August 12th, on Pure Jazz (ch 72).

The Newport Jazz festival, now in its 53rd year, is America's first summer jazz festival.

Tune in to hear hourly historic Newport performances, including previously undiscovered and unreleased recordings of jazz great Horace Silver at the festival in 1958. The broadcast will also feature reminiscences from the festival's founder - George Wein.

In addition, Pure Jazz will air newly re-mastered tracks by John Coltrane, Oscar Peterson, Ella Fitzgerald and many more. These recordings were just unearthed from the Library of Congress and will not be commercially available until next year, but will be broadcast on Pure Jazz next weekend.

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Mel Karmazin Editorial on A La Carte packages

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XM and Sirius mergerMel Karmazin wrote an editorial piece on Sirius-XM's proposed A La Carte packages, which was ran today in the Washington Times.

Karmazin said that "nothing I've touched though has come close to changing the consumer experience" like the pricing packages. He added that it's a "first-ever in subscription media." A distinction that I think the FCC has likely recognized as well. For Chairman Martin, I don't think it's just a "first," but also a victory against other forms of media who have been reluctant to provide a la carte.

Mel doesn't resist the chance to call out the NAB either (and he should).

"We believe a strategy of increased choice and lower price points will build our subscriber base and allow us to become a stronger competitor in the audio entertainment marketplace. Apparently, our giant competitors in terrestrial broadcasting agree. The National Association of Broadcasters and its allies have opposed the merger of Sirius and XM, arguing that the merger will be anti-competitive."

"...it seems to me the NAB isn't afraid the merger will foster too little competition. It's afraid it will foster too much," Karmazin added. "However, the efficiencies and cost savings we realize from the merger will allow us to compete more aggressively with terrestrial radio, the 800-pound gorilla that still dominates the industry."

I think it's good that Karmazin focuses on the competition between terrestrial radio and satellite radio, because that's an argument that is easily won. Many people tend to have an issue with saying that satellite radio and iPods compete, saying that the mediums are complimentary and not substitutable. But the thought that terrestrial and satellite compete head-to-head, on a nationwide basis, is something that I think many people can recognize. Especially those reading the Washington Times.

There's much more to the op-ed piece, I highly recommend reading it.

[Washington Times]

18 Comments

Cox Radio CEO accused of racist remarks

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Cox Radio Robert Neil
Cox Radio CEO Robert Neil is under fire for some possible racist remarks he made following the Congressional hearing on performance royalties in radio last week.

Sam Moore, who testified at the hearing, is calling for Neil to be fired after the remarks.

Neil said: "I saw the (congressional) testimony yesterday, and the reality is a lot of those people would be sitting in a shack somewhere in a small town if it wasn't for the fact that radio supported their music when it was coming up.”

Following the remark, Moore became furious. He felt the term “those people” is a racist remark, and that Cox Radio - which owns 80 stations in 18 markets - has made their money from black artists for 40 years.

Some of Cox Radio’s best known stations are WBLI and WBAB in Long Island, NY and six stations in the Tampa, Florida area. All of them play music by “those people.”

[Fox News]

12 Comments

XM upgrades sound quality for Music Channels

| 19 Comments

Today, August 5th, XM Satellite Radio has implemented a new upgraded audio processor for its music channels, resulting in what they claim as "a fuller and richer sound across the more than 70 XM music channels."

This sound quality update has been in development for over a year, and XM has been working closely with Neural Audio to put this in effect.

Keep in mind that this is not a change in compression. XM says these are "pure fidelity improvements" and has nothing to do with bandwidth.

As of this posting, I personally haven't heard a noticeable difference (though I still need my coffee) - scratch that, I think I do hear a difference. Have you heard a difference? Let everyone know in the comments.

(Side note, we're on our new server now, so things may be a little hokey while I work out the bugs.)

[XM Fan]

19 Comments

Sirius Stiletto 2: It's coming...

| 45 Comments

Sirius Stiletto 2During this week's earnings call, Sirius' President of Operations and Sales, Jim Meyer, announced that details on the upcoming Sirius Stiletto 2 and Sportster SP5 would be released soon.

"...we are preparing for the launch of some new after market products, including a new wearable product, Stiletto 2, and a new Sportser SP5. Stay tuned for more details on these exciting new products next month," Meyer said.

"We now believe that Sirius has reached market share parity in the wearable category and we expect to be the leader with the introduction of the new Stiletto 2 this fall."

While there's no info out (...yet) on what the Stiletto 2 will have in store for us, I'd assume a smaller form-factor and increased storage space would be in order. I have a funny feeling we may be learning the full details on the Stiletto 2 sometime within the next two weeks. But that's just idle speculation.

In the meantime, what features would you like to see in the new Stiletto 2? Sound off in the comments.

45 Comments

NAB calls satellite's FCC infractions as "brazen" (yet ignores own issues)

| 1 Comment

NABThe Hill has a good recap of the NAB's latest smear campaign against satellite radio that highlight's the FCC violations of past.

NAB spokesman Dennis Wharton called the infractions "brazen," arguing that they cast light on whether the merged company can be relied upon to adhere to any merger guidelines.

"If you're asking the government to give you a monopoly, you ought to be as pure as the driven snow in your practices and your communication with the government," Wharton said.

Of course, it's not like the NAB's darling technology, HD Radio, isn't without it's own problems. Not only do experts claim that HD Radio broadcasts interfere with adjacent stations (such as low powered mom and pop stations). But it looks like some wacky HD Radio stations are magically changing the channel for you.

It's not the radio's fault - it's the HD Radio signal. Nah, let's just ignore all that. Instead, let's kick and scream and call for FOIA requests.

"The NAB is abusing the FOIA process," an XM spokesman told The Hill. "The FCC already has all of the information that the NAB is seeking, and under well-settled precedent, these enforcement matters have no relevance to the FCC’s merger proceeding."

"The NAB will do and say anything to try to block the merger of XM and Sirius," said a Sirius spokeswoman. "As more and more consumers voice their support for the merger of XM and Sirius, the more fearful of increased competition the NAB becomes and the more desperate their actions in response."

'nuff said. 

[The Hill

1 Comment

Space Systems/Loral to build Sirius' sixth satellite

| 16 Comments

New Sirius Satellite: Sirius FM-6Space Systems/Loral has been awarded the contract by Sirius to build their sixth satellite.

Sirius FM-6, which is the crafty name for the new bird, will be a high-power satellite designed to operate in a highly inclined elliptical orbit.

Based on SS/L's 1300 platform, the Sirius FM-6 satellite will provide nearly double the power of Sirius' other satellites in orbit. Sirius FM-6 is scheduled to be completed in 2010 and will provide over 15 years of service life.

Sirius announced last year that SS/Loral would be building their next satellite - Sirius FM-5. Sirius FM-5 is to be a geostationary satellite (similar to XM's setup... incidentally SS/Loral is building the XM-5 satellite as well) and would be used to augment the constellation. The introduction of Sirius FM-6 is proof positive that Sirius intends to continue with it's current highly inclined elliptical orbit constellation setup.

Sirius did not announce the launch provider for the new satellite.

16 Comments

Ice Road Truckers on Sirius Road Dog Trucking Radio

| 5 Comments

Ice Road TruckersSirius Satellite Radio's trucker talk show, Freewheelin', will welcome Rick Yemm of The History Channel's Ice Road Truckers series on Road Dog Trucking Radio (ch 147).

Rick, who is Hugh "The Polar Bear" Rowland's employee and nemesis, will talk with Freewheelin's own "High Priestess of the Hammer Lanes" Meredith Ochs and "Ol' Leadfoot" Chris T - tomorrow, August 3rd at 1:30pm ET. This is Rick's second year on the ice roads - the first time he heard the road cracking beneath him he almost bailed, but he calls himself "too stupid and stubborn" to quit.

Ice Road Truckers airs on The History Channel on Sundays at 10pm ET/PT. It averages over 3 million viewers a week, making it the most watched original series in the network's 12-year history. Freewheelin' airs Monday through Friday from 11am - 2pm ET on Road Dog Trucking Radio.

5 Comments

Lollapalooza 2007 on XM and Sirius

| 4 Comments

Lollapalooza
Can't make it to Grant Park in Chicago for Lollapalooza 2007? Not a problem, because both Sirius and XM Satellite Radio have got you covered.

On XM, join Ethel (ch 47) for three days of live music direct from Lollapalooza. As one of the biggest music festivals around, over 150,000 fans will gather for an eclectic mix of music spanning alternative rock, pop, indie, and funk. And Ethel will bring the concerts to you with live broadcasts throughout the weekend.

Sirius Satellite Radio's Left of Center (ch 26) will also be bringing you live coverage from Lollapalooza. Pappy, joined by Alt Nation's Madison, will be on deck bringing interviews with artists, concert reviews, and all of the latest up-to-date information from Lollapalooza 2007. Left of Center will also spend the entire weekend highlighting the bands playing at the summer-time festival.

XM's coverage kicks off tomorrow, August 3rd at 7pm ET; then again on Saturday, August 4th at 3:30pm ET; and Sunday, August 5th at 1pm ET (Pearl Jam is live at 9pm ET on Sunday).

Sirius' Lollapalooza Weekend coverage begins tomorrow through Sunday, August 5th: from 3pm-5pm ET.

Check out the full festival lineup on the Lollapalooza website. Bands scheduled to appear include Pearl Jam, Daft Punk, Satellite Party, Yeah Yeah Yeahs, Spoon and more.

4 Comments

Mel Karmazin featured in CNBC ad spot

| 4 Comments

Mel Karmazin on CNBCSirius Satellite Radio's CEO Mel Karmazin has recently appeared in a CNBC advertising campaign which features testimonials from various business leaders.

For the satellite radio fanatic, the neat thing is to see the level of brand exposure given to Sirius in the ad spot. If you didn't watch the end of the commercial, you'd think it was a commercial for Sirius - not a CNBC. In fact, most of the shots featured in the ad spot are all from within Sirius' headquarters.

Investors will enjoy the "your report card is your stock price" line as well.

[Watch Video via New York Times]

4 Comments

Sirius and Celtic Football Club sign exclusive agreement

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Celtic Football Club partners with SiriusSirius Satellite Radio and the Celtic Football Club have partnered up to make Sirius the exclusive satellite radio provider of Celtic Football Club.

Starting Sunday, August 5th, Sirius will broadcast every Celtic Premier League game live, including the celebrated matches against their historic rivals, the Rangers. The start date coincides with the with Celtic vs Kilmarnock match to air at 9am ET.

All games, which will feature the official Celtic FC broadcast, will air on Sirius channel 126. Other non-Premier League Celtic matches might also get added to the schedule.

Founded in 1888, Celtic (the reigning champions of the Scottish Premier League) is one of the most dominant football clubs in the history of the sport, winning the Scottish League title a remarkable 41 times.

Last May, Celtic won the Scottish Premier League title for the second consecutive year and the fifth time in the last seven seasons. The team then went on to play their way into the final 16 of the UEFA Champions League, the world’s premier club competition, with a 1-0 victory over Manchester United before being defeated by the eventual champions, AC Milan.

Sirius also broadcasts UEFA Champions League matches and, as a partner of the English Premier League, airs multiple live Premiership soccer matches each week. Sirius is also the exclusive satellite radio broadcaster of Chelsea Football Club and airs every Chelsea Premier League game live. 

A schedule of Celtic matches on Sirius can be found online here

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Level Playing Field: Performance royalty battle heats up

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Performance rights on Capitol HillYesterday the House Subcommittee on Courts, the Internet, and Intellectual Property held a hearing on updating the performance royalties rules which would pay artists a royalty when their music is broadcast on terrestrial radio.

Marybeth Peters, Register of Copyrights at the U.S. Copyright Office, was in attendance and had very compelling case (mentioning satellite radio several times in her testimony). She laid the ground that all services should be treated equal, and if digital broadcasters need to pay a performance right, then so do analog broadcasters.

Here's one of my favorite statements from her testimony:
"Consequently, whatever promotional value that may have existed in 1995 has been diluted by the increase in alternative media, such as satellite radio and digital music services... Moreover, broadcasters’ claims ignore the fact that songwriters and music publishers receive payments for the same public performances for which performers and record companies do not. The broadcasters’ rhetoric never accounts for this inconsistency and it fails to explain why airplay provides promotional value to performers and record companies but not to the songwriters and music publishers."

Peters also brings up the Inno lawsuit, and that a similar suit against a free over-the-air recording device would likely have completely different results.

Also in attendance were recording artists and GRAMMY winners Judy Collins and Sam Moore.

"The issue here is simple, it’s about fairness," said Judy Collins. "Radio is multibillion dollar industry built on our creativity, our passion and our soul which is part of every song aired on the radio. Every other music distribution platform – Internet, cable and satellite radio – recognizes what we bring to sound recordings. Terrestrial radio no longer has an excuse. It’s time to acknowledge the performer and treat us fairly."

"You may remember a little song that Stephen Sondheim wrote for the musical A Little Night Music entitled 'Send in the Clowns'," Collins told the subcommittee members. "I recorded the song in 1975 and shortly after release, the record became a top radio hit."

"Unfortunately, I did not earn a cent from radio even though that song was played time and time again. On the other hand, Stephen Sondheim earned millions. He wrote me a thank you note... It read, 'Judy, thank you for giving me my first hit song.' It is a wonderful song. Stephen deserves to be compensated for his creativity. But I do, too; as do the thousands of artists who bring music to life on the radio…"

And Sam Moore drives the point home perfectly...

"If broadcasters shared any of the money they earn from playing my recordings, I'd be spending more time with my grandchildren," said Sam Moore "I’m 71 years old and still touring to support myself and my family. A fair performance right would allow me to retire from a life on the road."

"I remember Mary Wells coming to my house after she was diagnosed with cancer. Mary brought so many great songs to life, including the number one hit 'My Guy.' And yet, she told me and my wife that she didn't know what would happen to her little girl Sugar after she died. In 1992, with no income earned from decades of radio airplay, Mary died without being able to provide for her daughter..."

"I think about the late Junior Walker going out on tour sick with cancer, needing to earn income. I think about Bo Diddley, today still recovering from a stroke he suffered last year while performing – at nearly 80 years old. Many of our greatest artists, who created the recordings that are the soundtracks of our lives, must tour until they die because they are not compensated by radio for the performance of their work."

Wow. It is absolutely time to level the playing field.

Read the full statements below (all are PDFs):
[Marybeth Peters]
[Judy Collins]
[Sam Moore]

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XM NavTraffic now covers most major & secondary markets

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XM NavTraffic
Starting today, XM has added 29 new markets to their XM NavTraffic service, providing real-time satellite traffic data to a total of 79 major and secondary North American markets. Add to that, four of NavTraffic's current markets will benefit from an increase in traffic data coverage within their metro areas.

XM NavTraffic feeds data on incidents directly to your GPS navigation system via XM's satellite pipeline, alerting you to blockages directly on the navigation screen and routing around a jam before you get caught in traffic. Drivers in these 79 markets will be able to learn about traffic incidents such as accidents, road closures or construction as they occur in real-time.

XM NavTraffic is available as a factory-installed feature on 2008 model year vehicles from Acura (MDX, RDX, RL, TL), Cadillac (CTS), Infiniti (G35, G37, QX56), Lexus (LS, LX), and Nissan (Altima, Armada, Pathfinder), as well as through a number of aftermarket and handheld units from Alpine, Garmin, Kenwood and Pioneer (and soon Audiovox).

XM NavTraffic is expected to be available in 200,000 vehicles by the end of the 2008 calendar year.

Check out the 29 new XM NavTraffic markets after the jump...

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