FCC dismisses Sirius' FM-6 Satellite application

Friday, May 16, 2008 at 2:24 PM
Sirius SatelliteThe Federal Communications Commission has dismissed the application by Satellite CD Radio Inc. (aka Sirius Satellite Radio Inc.) to launch and operate the FM-6 satellite.

The FM-6 satellite was to replace two of Sirius' satellites - FM-1 and FM-2 - and would ultimately reduce the number of satellites in Sirius' network.

Sirius will still be allowed to reapply. The reason the FCC dismissed the application is because Sirius didn't provide enough information on how the satellite would be disposed of. In other words, the space-junk strategy, or as the FCC puts it "orbital debris mitigation plans."

The agency asked for two additional items, which - for all intents and purposes - are just too darn technical to translate into a post that you're not going to read anyway.

So if you're a satellite-geek, go ahead and click the jump to read the additional requests, or read the full FCC document (PDF) yourself.

Continue reading »

Analyst: Sirius "better positioned" than XM if no merger

Friday, May 16, 2008 at 10:09 AM
Sirius Barrington Research analyst Jim Goss writes in a recent report that he feels Sirius Satellite Radio Inc. is "better positioned" than XM Satellite Radio Holdings Inc. to achieve profitability should the merger not go through.

"We continue to believe that the FCC will likely approve the merger, although the time frame remains unclear," write Goss.

Barrington adds that, "if the merger is blocked or the approval language contains unacceptable conditions, we would continue to favor Sirius as the better standalone operator." Goss said that Sirius is "better positioned" than XM "to achieve profitability in a shorter time frame with relatively less downside risk."

In a report on XM, Goss noted that, "In the event that this does not occur, we feel some risk would exist in the stock."

[RadioInk]

Is the FCC simply flexing its muscles?

Thursday, May 15, 2008 at 3:40 PM
FCC Chairman Kevin Martin That's the basic thought that is being floated around on Seeking Alpha today. The long-winded article essentially comes to the conclusion that the delay in reaching a decision on the merger between Sirius Satellite Radio Inc. and XM Satellite Radio is a result of "the FCC's determination to establish its authority."

It's an interesting theory, though I'm not so sure that the rest of the article gives it much validity (it's filled with obvious statements). Here's the basic gist of it:
"...this publication continues to perceive this merger as arguably the defining moment for the current and future FCC. Any approval that fails to enforce the FCC's authority via significant conditions beyond those proposed by the companies will effectively result in the FCC being labeled a 'rubber stamp' regulator for years to come -- at least with respect to major license transfers."
In other words - from a 50,000 foot view - the FCC is hemming and hawing over this merger in a way to as to impose a sense of its authority.

Ultimately, M&A Research (the author of the article, who has historically been uber-conservative in their predictions over this deal), feels the FCC "will impose conditions which will force the companies to either submit to unwillingly or to reconsidering the combination altogether."

I don't know exactly how correct it is - but it's a curious thought to entertain. What's your opinion? Why do you think the FCC is taking so long?

[Seeking Alpha]

Neil Diamond's channel on Sirius gets extended

Thursday, May 15, 2008 at 2:47 PM
Neil DiamondRemember how Neil Diamond's channel was supposed to be only a 2 week run? Well, due to "fans' requests" Neil Diamond Radio has been extended another 2 weeks through the end of May.

To celebrate the channel's extension, Neil Diamond will guest host his own show on Neil Diamond Radio, personally selecting music by recording artists playing unique renditions of songs he wrote, such as UB40's reggae version of "Red, Red Wine" and Frank Sinatra singing "Sweet Caroline."

Diamond will also share stories behind his new album, "Home Before Dark."

The show, artfully named "Neil Diamond Hosts On Neil Diamond Radio" will air on Sirius channel 3 this Friday, May 16th at 5pm and 9pm. Encore broadcasts will air Saturday, May 17th at 9am, 12-noon and 3pm; as well as this Sunday, May 18th at 1pm, 4pm and 7pm (all times Eastern).

Public Knowledge, Media Access Project clarify letter from Georgetown Partners

Thursday, May 15, 2008 at 1:17 PM
XM / SiriusPublic-interest groups Public Knowledge and Media Access Project want to make sure the FCC understands their position on the Sirius-XM merger in light of a recent letter from Chester Davenport the Managing Director of Georgetown Partners.

While they confirmed that they did indeed meet with Georgetown Partners, the groups reiterated that they "take no position with respect to [Georgetown Partners'] specific proposal that 20% of the merged XM/Sirius company's spectrum capacity be leased on an arms-length basis to an independent entity."

"This approach could be a useful supplement to, but not a substitute for, the 5% non-commercial, educational set aside," they state in their letter to the FCC.

Should the Federal Communications Commission determine that Georgetown's proposal is in the public interest, both Public Knowledge and Media Access Project support the minority-owned group's proposal to assist non-commercial, educational programmers.

Both Public Knowledge and Media Access Project have proposed that roughly 5% of broadcast capacity from a merged Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. be dedicated to non-commercial and educational programming, of which Sirius-XM have no editorial control.

Georgetown stated in its letter to the FCC that they would agree to the proposal to set aside 5% of their own capacity for non-commercial, educational  programming. Additionally, they stated that there might be "technical barriers" that would hinder this content from being delivered to a merged entity and proposed a plan to overcome these so-called barriers.

In the filing, the public-interest groups conclude:
"In the interest of clarity, [Media Access Project and Public Knowledge] wish to state that neither they nor any person or organization associated with them have requested or received consideration of any kind from [Georgetown Partners] or any person or organization associated with them in exchange for their willingness to submit this letter of support."

[View FCC Filing (PDF)]

Rock legend Lou Reed joins Sirius Satellite Radio

Thursday, May 15, 2008 at 10:11 AM
Lou ReedRock & Roll Hall of Famer Lou Reed will host his own weekly show, entitled "Lou Reed's New York Shuffle," on Sirius starting this Saturday, May 17th.

"Lou Reed's New York Shuffle" will feature an eclectic mix of music running the gamut from jazz to vintage rock, and everything in-between. Reed will co-host the show with music producer Hal Willner, who recently collaborated with Reed on the concert film Berlin.

Lou Reed said, "For years, I've always been a fan of eclectic radio, such as FM radio in the past when you could hear stations play widely divergent music, ranging from rock to country to jazz to opera. I loved the days when DJs who did their own programming set the bar high. I learned from these DJs and it's a delight, with my friend Hal Willner, to do this type of radio today on Sirius. We will try to bring Sirius' listeners audio from all parts of the world that covers the whole musical spectrum."

In the 1960s, Lou Reed led the Velvet Underground as the antidote to the counterculture hippies of the time. Produced by Andy Warhol, they became a band with an avante-garde vision beyond the realms of popular music.

In addition to Reed's success as part of the Velvet Underground, he scored a major solo hit with his gritty urban anthem "Walk on the Wild Side" and has released over 20 solo albums since 1972. Lou Reed's talents were recognized in 1996 when the Velvet Underground was inducted into the Rock & Roll Hall of Fame. In 2006, he played a series of now legendary shows at St. Ann's Warehouse in Brooklyn, on a stage designed by the painter Julian Schnabel. Reed's performance was recorded live and released as a film by Schnabel in 2008. Lou Reed most recently collaborated with The Killers on the alternative rock hit, "Tranquilize."

"Lou Reed's New York Shuffle" will air on Sirius Disorder (ch 70), Saturdays at 6pm ET. Encore broadcasts will air on Sundays at 12-noon ET and Mondays at 4pm ET.

Pictured: Lou Reed answers questions from the audience at the 'Celebrating Berlin With Lou Reed At The 2008 Tribeca Film Festival' held inside the Directors Guild Theater on May 4, 2008 in New York City. Photo Credit: Getty Images.

Dolly Parton "shocked" at Howard Stern bit

Thursday, May 15, 2008 at 9:03 AM
Dolly PartonGrammy Award-winning singer, songwriter, author, actress and plastic surgery petri dish Dolly Parton issued a statement yesterday condemning a bit on Howard Stern where one of her audio books was manipulated to form racist and sexually graphic phrases.

This isn't the first time that "The Howard Stern Show" has altered recordings to string together sentences, but it's the first time - of recent memory - that someone has actually taken it seriously. The bit was aired on the Stern Show last week.

"I have never been so shocked, hurt and humiliated in all my life," Parton said in a statement on Wednesday. "I cannot believe what Howard Stern has done to me.

"In a blue million years, I would never have such vulgar things come out of my mouth. They have done editing or some sort of trickery to make this horrible, horrible thing. Please accept my apology for them and certainly know I had nothing to do with this."

Parton concluded: "If there was ever going to be a lawsuit, it's going to be over this. Just wanted you to know that I am completely devastated by this."

Listen to audio of the Stern bit after the jump...

[Reuters/Billboard]
Thanks Chris!

Continue reading »

Primosphere isn't looking to "lease" spectrum, they want a license

Wednesday, May 14, 2008 at 11:55 AM
XM and Sirius MergerFollowing their marathon of meetings with the FCC, Primosphere wants to make clear its position on the ownership of spectrum: they don't want to just lease spectrum, they want the spectrum licensed to them.

"Primosphere is not looking to 'lease' a portion of the DARS spectrum," the company writes in a recent filing with the agency. "Rather, Primosphere is asking that its pending application be granted in part so that Primosphere will be a licensee of the DARS spectrum. Furthermore, Primosphere hereby restates it proposal... to offer free DARS service."

According to the filing, if the FCC approves the merger between Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc., Primosphere urges the agency to simultaneously license a portion of the DARS spectrum to the company.

"Primosphere's proposed free service will ensure that consumers have an alternative to the combined XM/Sirius," the letter concludes.

[View FCC Filing (PDF)]

Georgetown Partners lays out plan to "further the public interest"

Wednesday, May 14, 2008 at 10:29 AM
Chester DavenportGeorgetown Partners, the minority-owned firm that analyzes FCC regulated markets "for opportunities to extend minority ownership and control," recently met with public interest groups to discuss set aside provisions of Sirius-XM spectrum, according to a recent filing.

The privately-owned firm, headed up by Chester Davenport (pictured), is asking the Federal Communications Commission to require that 20% of Sirius-XM's broadcast infrastructure be leased to a "independent new entrant."

In a letter to FCC Chairman Martin, Davenport outlined his meeting with public interest groups Public Knowledge and Media Access Project. Both groups have suggested to the FCC that 5% of spectrum from a merged Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. be dedicated for non-commercial, educational programming.

Georgetown Partners agrees that the proposals by Public Knowledge and Media Access Project (as well as its own) would indeed "benefit consumers and serve the public interest." But Davenport feels that there are "technical barriers" that would hinder this content from being delivered in the digital format and bandwidth necessary, according to the letter.

As a result, Georgetown laid out a plan to "further the public interest objectives" shared by the groups. They include:
  • Georgetown will "accept delivery of the program streams" in an agreed manner
  • Will "at its own expense" encode the programming into the required digital format
  • And finally will "transport and deliver" the programming, along with its own programming, to the merged entity.
All costs for the acceptance, encoding, and delivery of programming would be graciously absorbed by Georgetown Partners, according to the letter.

Chester Davenport highlights that their plan would be to broadcast satellite radio programming to all receivers - subscribers or not - and so would further the objectives of Public Knowledge and Media Access Project.

"We estimate that today there are 36 million such receivers in the marketplace, of which roughly 50 percent, or 18 million, are not subscribed," writes Davenport. "Implementing any educational set-aside in this manner will double the potential audience for the non-commercial programming."

Finally, Davenport feels that the educational set-aside is separate and distinct from Georgetown Partners' own 20% proposal. But if both proposals are realized, Georgetown "will dedicate resources to make sure that the non-commercial educational uses become reality."

[Read the entire letter (PDF)]
Bonus: Listen to yesterday's Orbitcast Radio show featuring Public Knowledge co-founder Gigi Sohn where we briefly discussed Georgetown Partners' proposal.

Mario Batali and Martha Stewart go one-on-one on Sirius

Tuesday, May 13, 2008 at 5:46 PM
Martha Stewart and Mario BataliMartha Stewart and Mario Batali will sit down for a live one-on-one interview on "At Martha's Table," a series on Sirius featuring Martha herself conducting in-depth, intimate conversations with today's most influential tastemakers.

Martha and Mario will discuss his new book Italian Grill, as well as his career, inspirations and future plans.

Internationally-recognized for his passionate and innovative Italian and Spanish cooking, Mario Batali is one of America's top restaurateurs.

Mario currently has 12 restaurants around the country, including Babbo Ristorante e Enoteca, Del Posto, and Otto Enoteca Pizzeria in New York City; Osteria Mozza in Los Angeles and Enoteca San Marco in Las Vegas.

The show will air live on Wednesday, May 14th from 2pm - 3pm ET on Martha Stewart Living Radio (ch 112), from the showcase studio at Sirius Satellite Radio in NYC.

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