Clear Channel Communications, Inc. outlined its most detailed concession requirements, in a filing with FCC posted today, should the Commission approve the merger between Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc.
While earlier FCC filings have essentially reiterated Clear Channel's prior argument that granting the merger would permit for too much spectrum control for a single entity, the filing posted online today gives the most level of detail about merger concessions.
"Were the Commission inclined to approve the merger, nonetheless, it should, at a minimum, impose the following conditions that would be essential to remain even remotely faithful to Commission precedents and policies regarding competition, spectrum and preservation of a viable, locally-oriented, free, over-the-air radio broadcast system," the company wrote in an ex parte filing.The merger conditions that Clear Channel is requesting include:
- No less than 50% of broadcast capacity be made available for lease to create "a viable competitive alternative" to the merged company.
- No less than 5% of capacity be set aside for public interest programming, modeled after the 4-7% requirement for DBS services. (This, interestingly enough, is identical to Public Knowledge's requests.)
- That Sirius-XM be subject to indecency regulations. Because, "one of the primary potential dangers to free, over-the-air radio posed by this merger is siphoning popular, including 'edgy' content, with consequent loss of advertising revenue."
- Sirius-XM be prohibited from broadcasting local content, (this goes against Public Knowledge's requests).
- Following #4, Sirius-XM be prohibited from receiving local advertising revenue.
- And finally, the FCC require that HD Radio capabilities be built in to all satellite radio receivers. (Similar to iBiquity's most recent filing, except that they seem to specifically target OEM installations.)
(Photo courtesy of jrbrubaker). View the full filing after the jump...
If you can't see the above document, you can view the PDF here.