Congressman Meeks flips, supports Georgetown Partners
Representative Gregory Meeks (D-NY), who in October was among 13 Congressmen who came out in support of the Sirius-XM merger, has written a letter to the FCC voicing his support for Georgetown Partners - a minority-owned firm which has recently opposed the merger.
Georgetown has recently asked that the merged Sirius/XM company lease its broadcast infrastructure and 20% of its channel capacity to a minority-controlled entity, claiming that this would alleviate anti-competitive effects of the merger and ensure diversity in programming.
Rep. Meeks apparently finds this proposal appealing, and wrote a letter to the FCC in support of their cause.
"By allowing a minority-controlled entity to be the lessee, the Commission would serve the public interest by achieving diversity of ownership in this large medium as well as enhanced minority media ownership in general-two areas that the Commission has been asked by advocacy groups from various cross sections of our society," Meeks writes.
Georgetown has increasing become louder and louder in their opposition, and now they've built up some support on Capitol Hill as well.
[Read FCC Filing (PDF)]

Comments
Another reason to end this mindless waiting game for the merger to be approved or rejected. This bullshit has got to stop. Everybody is sick of it.
Posted by: Paul | December 7, 2007 2:09 PM
I wonder what changed his mind?
My guess. MONEY!
Does anyone remember when Sirius thought they would be profitable at 1 or 2 million subs?
Posted by: Jeremy | December 7, 2007 2:13 PM
I wonder what changed his mind?
My guess. MONEY!
Does anyone remember when Sirius thought they would be profitable at 1 or 2 million subs?
Posted by: Jeremy | December 7, 2007 2:14 PM
aaaaahhhhhhhhh!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Posted by: Anonymous Coward | December 7, 2007 2:23 PM
It could be money changed his mind.
But it could also be that he realized the basic injustice in putting both licenses in the hands of one company, unnecessarily.
It makes absolutely zero sense from a public policy standpoint to give both these licenses to XM/SIRI. If they wanted to merge and give up their spectrum to other competitors who WANT to use it, that would be a different matter.
Posted by: Stack Pointer | December 7, 2007 2:34 PM
The whole idea of a merger is to merge debts and assets, spectrum is an asset!
If Ford and GM would contemplate a merger I expect those that oppose the satrad merger would probably agree to the GM/Ford merger if Ford would agree to manufacture its cars without wheels.
For satellite radio to merge at the expense of spectrum is just ludicrous.
Posted by: Peter Mackreth | December 7, 2007 3:00 PM
So, in other words, affirmative action is about to reach space.
Posted by: Abe Hirschfeld | December 7, 2007 3:24 PM
>>> For satellite radio to merge at the expense of spectrum is just ludicrous.
Worse than ludicrous, it is a show-stopper. I just don't think it is something they could even consider moving forward with.
I don't think they would, but if the parties felt the merger was essential, they could do it if they could divest themselves of the spectrum down the road several years instead of right away. I cannot imagine either party, certainly XM, going forward with the merger under such conditions, though.
Posted by: Stack Pointer | December 7, 2007 3:27 PM
The issue with the spectrum was obvious from day 1. Why is this getting attention now?
Enough already. I think I am going to check out of Orbitcast until this is finally decided. I just can't take it amymore.
Posted by: nhoJ | December 7, 2007 3:28 PM
>> The issue with the spectrum was obvious from day 1. Why is this getting attention now?
Because everyone has assumed that Mel had the FCC eating out of the palm of his hand. The big problem was DOJ. And now, we have analysts saying the DOJ is ignoring the law and leaning toward a politically-motivated approval.
So, suddenly, the FCC is problem.
Posted by: Stack Pointer | December 7, 2007 3:33 PM
Peter,
I'm not sure your analogy is applicable here. RF spectrum is not a corporate asset. It is a public asset, which corporations are allowed to use to provide services. In some cases it is given to free use (like broadcast tv and radio) but there are strings attached like % of local content, obscenity content, etc. In other cases the spectrum is auctioned off by the government for services. In the case of Sirius and XM two companies were given exclusive rights to a particular band to create satellite data distribution. It is more than voice. There is aviation weather, emergency responder services,...
Right now I can lease XM satellite time to push data. That is done via a teaming or other corporate agreements. XM does this because it is a potential revenue stream and they offer it reasonably because there is the threat of competition. What happems to theese service post merger?
Just like with internet and phone companies, it is perfectly reasonable and appropriate for the government to ensure that a particular spectrum and service not become a monopoly.
Posted by: Jim | December 7, 2007 3:39 PM
Looking for the black vote is exactly what this is about. Like I have said to many others, many times, watch who you are voting for at the polls people. Most people vote for someone and have no clue of their record or their many filp flop style. A politican will go where the money is being contributed the most.
Posted by: Kevin | December 7, 2007 3:39 PM
Its all falling through slowly but surely. Bye Bye Sirius.
Posted by: gower2352 | December 7, 2007 3:50 PM
All I can say is I hope it isn't too late.... I echo gower2352 sentiments... good bye sirius and their money whore Stern...
Posted by: harry hardon | December 7, 2007 4:28 PM
pleasae please DoJ and FCC deny the merger, but also please note the NAB had nothing to do with their decition and in fact the NAB almost swayed them the other direction.
Hey.... What if Mel was and still is Working for the NAB to bring down Sat Rad? OOOHHH wouldnt that be the ultimate conspiricy? The Truth is out there.... Que creepy X Files whistle....
Posted by: jeff | December 7, 2007 4:37 PM
Finally some positive merger news for XM fans.
Posted by: scott | December 7, 2007 4:38 PM
Jim,
>>> Right now I can lease XM satellite time to push data. That is done via a teaming or other corporate agreements. XM does this because it is a potential revenue stream and they offer it reasonably because there is the threat of competition. What happems to theese service post merger?
Thank you for your response my analogy may be stretch but I still stand by it and it did grab your attention.
With regards to lease agreements made pre merger, should be honered post merger.
I am not an FCC expert or a merger expert but I would have thought that it is the responsibility of the FCC to look at this sort of thing and ensure these agreements are met. It is also in the merged entity's interest to honer these agreements because of the potential revenue stream. Are these lease agreements written in contractual form? and what do they say should a merger occur?
With regards to spectrum ownership, if the FCC award a particular company with spectrum and they build a business around this spectrum and pay money for this spectrum then it is my opinion they own it.
If these companies are not allowed to merge and don't survive, lease agreements and any other agreements including agreements made to the consumer will become a moot point.
At that point nobody wins.
Posted by: Peter Mackreth | December 7, 2007 5:06 PM
Talk about coming out of the woodwork...where did all of these commentors come from all of a sudden. Many people are trying to keep the stock price down so they can buy more apparently.
Don't be fooled by a fool. These 'XM' supporters are boiler room operatives trying to manipulate stock price through this well run informative website.
Fools, turn up your 'XM', enjoy the music and get ready for some Sirius NFL next year!
Posted by: Smitty | December 7, 2007 5:45 PM
Theoretically, this seems like a business deal. We want to lease 20%--- it is not a business deal with either company or the merged company if the merger occurs as stockholders have approved.
Georgetown Partners is asking for the federal government to mandate to force as part of the merger approval that they Georgetown Partners be given this lease; other wise they oppose the merger.
Why should Georgetown Partners receive special treatment?
Who else will come out of the woodwork to oppose the merger and demand they be given special consideration?
Posted by: Malinda | December 7, 2007 7:32 PM
Malinda is exactly right. Georgetown wants the FCC to MANDATE a lease agreement with XM/Sirius. The amount of bandwith is not excessive, but given the technical difficulties that we already know exist, it is a show stopper. Besides that, Georgetown wants the FCC to mandate the lease agreement, which means it will be the FCC that will determine the price for the lease. Sirius cannot cancel the lease if GT starts to abuse it or refuses to pay or whatever. It would take another government decision to change the lease, which as we all know takes forever.
Besides, Georgetown Partners has always had the option of a lease of any other satellite in the air. This "Give us 20%" is just crap. If the FCC wants to allow the merger, but at the same time approve another company to step into the arena, that is fine. Open up the other half of the spectrum that you didnt auction off last time. If you want to give that to only one company, that is fine too. I think what a lot of people do not realize is that the 700 mhtz spectrum auction could find many more competitors for XM/Sirius as well, because there is really no "intended use" for that spectrum. It could be satellite radio, TV, data, or any combination there in. Bid for that spectrum Georgetown, and dont let Google or Apple overbid you.
Posted by: Brian R. | December 7, 2007 7:59 PM
Sorry, but now is not the time to make money off these stocks. Two to three years ago was. I made about 40% off Sirius in about a 3 month stretch if I remember correctly.
My statements were not opposition to the merger, just giving a counterpoint to some of the ideas being pushed forward. Personally, I think having content bounce back and forth across providers is a bad deal.
However, I would have thought a Sirius/DishNetwork and XM/DirectTV buyouts seemed to make more seense. It would add more vertical integration capabilities.
Maybe some of us are just lurkers, but this is a great site for satradio news.
Posted by: jim | December 7, 2007 10:12 PM
I think Al Sharpton and Jesse Jackson should be given 20% of all public airtime. Also 20 acres and a mule.
Posted by: 20acresandamule | December 8, 2007 1:00 AM
You know none of you are thinking about certain things in the merger, like all the employees that could loose there job if the two companies don’t merge. Like me!! I have been reading these forums for a year, working for one of the satellite radio companies can’t say what one and I have never posted anything. The way you all think about this is fucked though people could loose there jobs, homes, cars and all you guys can think about is if O&A will cry cause they have to work for the same company as stern, O&A are pussys by the way. The truth is as some of you seem to know is nether company is making money 1 will fall if they don’t merge it has to. This fight between the two has been going on for so long and so much money has been spent to undermine the other that they can afford if anymore.
Posted by: SatFan | December 8, 2007 12:09 PM
well put
for the longest I have heard the two companies would or should merger and all the forum experts were saying it would not happen due to some Howard or OandA bullshit. I enjoy my XM eventhough it is not prefect, but what is. It is clear that both companies are losing way too much money and something is going to done. I would rather have a strong merged company than the last one standing of two sissy fighting in the school yard.
Bring Back the Flow
Posted by: wmccaskey | December 8, 2007 7:56 PM
SatFan - Although I sympathize (having once worked for a company that went bankrupt) the problem is not with the people on this board, or georgetown partners, or even the NAB. Its with Mel and Gary. They say they've given the govt millions of pages of documents, and alll kinds of economic studies, and they've told all the groups (women in farm economics etc) that've come out in favor of the merger that they need to merge to continue in business, but not once have they told the govt the truth about their financial problems. If they were to make what's called a "Failing Firm" argument to the govt, meaning that XM needs to merge or it will have to go bankrupt, then the entire equation would change at the DOJ and FCC because the antitrust reason for okaying the merger would be different. The whole time they've been trying to tell the govt one thing and wall street and their investors something different, and that's been one of their biggest problems to ramming thru the merger.
Posted by: jose | December 8, 2007 10:58 PM
SatFan,
I think most of us clearly understand that they are both losing money. However, there are several issues that need worked out prior to this being a good deal for the consumer. I also think about the employees first over any of the on-air personalities.
All that being said - I will not have $0.01 of my money going to Stern. I do not listen to or support O&A either. I am not convinced that with all of the liabilities that Mel has incurred that a combined Sirius/XM is any more viable than the companies individually. I don't believe the break-even numbers they are touting in the slightest. I don't believe the tiered pricing crap that is being thrown around either. No way they can pay the Stern contract as a tiered option only.
Besides, just because the companies slide into bankruptcy that doesn't mean that satradio will go away. Iridium is still hanging around.
Posted by: jim | December 10, 2007 4:07 PM