XM 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]

Based 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]

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.

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)]

Sirius 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).

Sirius 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

The 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]

J. 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]

American 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.

If 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...