FCC Commissioner Tate: The wildcard in the Sirius-XM merger? - Orbitcast

FCC Commissioner Tate: The wildcard in the Sirius-XM merger?

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FCC's Deborah Tate (talking to NAB's David Rehr)Commissioner Deborah Tate, one of three Republicans on the FCC, may be the wildcard in the final approval of the $13 billion merger of XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc., according to a report by The Deal.

Tate has consistently voted with Chairman Kevin Martin since she came onboard as Commissioner in January 2006, but, according to The Deal's sources, Tate has expressed uncertainty about the deal and has historically been a key ally to terrestrial radio.

But beyond the broadcaster-influence, observers add that her future at the FCC is at a risk and that she might be expressing opposition to the deal to curry favor with Senate Democrats and secure another confirmation.

Tate's term actually expired in June 2007, but the White House renominated her that same month for a 5-year term ending in 2012. So where's the problem? She's still in limbo, because the Senate hasn't voted on her reappointment yet. Without a Senate vote, she can remain at the commission until Congress adjourns later this year - that is, as long as another replacement doesn't get confirmed.

Additionally, The Deal suggests there may be some friction between Tate and Martin, partly because the FCC chair scuttled a deal between the White House and Senate Majority Leader Harry Reid. That deal would have secured new terms for her and Adelstein, but it also would've required Martin to step down in January 2009 if a Democrat was elected president. Something that Martin wasn't willing to do.

But other FCC attorneys argue that, in the end, Tate will support Martin.

"She is playing hard to get by being indecisive," said one telecom attorney, "But I don't think she wants to be the one responsible for killing this deal, particularly with the White House and Justice Department behind it."

[The Deal]

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22 Comments

It's a damm share that BILLIONS in SHAREHOLDER EQUITY is being thrown down
the drain because of asshole politicans and their massive EGOS !!!!!!

I would just like to know how could Commissioner Tate be placed in a position where she is suppossed to represent the best interests for the individual consumer and yet at the same time forced to vote based on whether or not she can keep her job. That dosen't seem like looking out for the consumer. Lets hope she does the right thing and votes for the merger and the consumer rather than her own self interests. One thing is for certain, all eyes are on her motives. Commissioner Tate please do the right thing for the consumer and support the merger.

I would just like to know how could Commissioner Tate be placed in a position where she is suppossed to represent the best interests for the individual consumer and yet at the same time forced to vote based on whether or not she can keep her job. That dosen't seem like looking out for the consumer. Lets hope she does the right thing and votes for the merger and the consumer rather than her own self interests. One thing is for certain, all eyes are on her motives. Commissioner Tate please do the right thing for the consumer and support the merger.

It's hard for me to believe that Martin would put something up for a vote (especially something this contraversial) that he didn't think would pass. I would like to know how often that happens. I understand that deals don't get approved. But how often do three of the other four vote against what the Chairman proposses. I doubt that happens much. This al just seems like a lot of speculation to me.

Jon

It is not like me to make such pointed statements, but I honestly believe that one or more members of the FCC has been paid offin cash, by the NAB to destroy Sirius and or XM.

An intellignet person could come to no other conclusion.

The FCC has become evil.

She won't go against Martin. She isn't going to be back if the Democrats win the election anyway.

I note that since the first of the year, these companies have lost over 2.3 BILLION dollars of market cap due to their lack of financing ability, exacerbated by the FCC's deliberate delays.

Who thinks the FCC isn't getting a pay off... raise your hand!

Anybody got a link to Goldman's report.

When do you think they will vote on the merger??? Could it be next week ,the week after,July sometime.What do you think?

AC- The answer to your questions is simple,,,

SOON

The FCC has done what the NAB couldn't do. Kill off satrad.
Stocks in wild sell off.. down 10-12%

Thanks you FCC fuckups.

Can someone please explain to me how this ass ay Goldman Sachs has so much power on Sirius' share price. In this report he cites recent gains in stock price (tell me if I am wrong) --it was already near a 52 week low -- what price gain? Someone needs to investigate this guy!!!!!!!!!!!!!!!

Can someone please explain to me how this ass at Goldman Sachs has so much power on Sirius' share price. In this report he cites recent gains in stock price (tell me if I am wrong) --it was already near a 52 week low -- what price gain? Someone needs to investigate this guy!!!!!!!!!!!!!!!

Can someone please explain to me how this ass at Goldman Sachs has so much power on Sirius' share price. In this report he cites recent gains in stock price (tell me if I am wrong) --it was already near a 52 week low -- what price gain? Someone needs to investigate this guy!!!!!!!!!!!!!!!

GS analyst has egg on his face from when he said the merger would not be approved. He originally has a 2.25 price target before Department of Justice approved and now that he believes like everyone else that merger is going through, this is his revenge and attempt to get his $ on his short position. He was wrong on Justice Dept and wrong again on FCC - what do you think this is all about ?

And yes he has enough power obviously to crush these stocks and make his $. He says Sirius is worth only $ 1 by itself, 1.75 with merger. Also says that while an approval will give a short-term lift to stocks, it won't hold.

I wouldn't want to bail on this bullshit when we could be less than 10 days away from an approval and could be back at 3.50 in a blink.

GS analyst has egg on his face from when he said the merger would not be approved. He originally has a 2.25 price target before Department of Justice approved and now that he believes like everyone else that merger is going through, this is his revenge and attempt to get his $ on his short position. He was wrong on Justice Dept and wrong again on FCC - what do you think this is all about ?

And yes he has enough power obviously to crush these stocks and make his $. He says Sirius is worth only $ 1 by itself, 1.75 with merger. Also says that while an approval will give a short-term lift to stocks, it won't hold.

I wouldn't want to bail on this bullshit when we could be less than 10 days away from an approval and could be back at 3.50 in a blink.

Got in today at $1.99 /50,000 shares. Been waiting for this all year.

I want to give all you bastards a piece of my mind.

Do you have any idea how much I spend in clothing on this shit-ass job. My outfits cost me a ton honey, and if you think I'm going to jeopardies my career and stick my neck out for a collection is satrad sucking geeks, you're sadly mistake.

Are you Satrad people delusional? ... For Chrissake don't you know how the world works. enough of this horse shit about fairness, equality, representing the people blah-blah-blah.
The name of this game is saving one's political ass, keep your fricking mouth shut, and mostly.... go along and get along.

Jesus people grow up. I'll support any position that puts me in some nice threads and heals!Did you hear that Mel... did you hear that Dave-O Rehr.... NICE THREADS and HEELS! .... is what a woman wants .... pay up suckers!

Contact me: TaterTot@Buymeshit.com

Make satellite radio keep competing
By Peter Smyth | June 18, 2008
THE FEDERAL Communications Commission should enforce its long-standing and well-reasoned prohibition against a satellite radio monopoly that it established in 1997 when it granted the spectrum licenses to XM and Sirius. The policy underlying this prohibition - to provide an opportunity for a competitive satellite service to benefit consumers - is as valid today as it was in 1997.

Satellite radio is still relatively new, and so far there is little evidence that the competitive landscape has changed in such a way that a satellite monopoly is justified. Having two satellite radio providers has kept subscription rates competitive (it is not surprising that their rates are virtually identical) and encouraged each operator to provide diverse program offerings.

Permitting XM and Sirius to merge would undermine the FCC's laudable regulatory objectives. Think about it: One company would control 25 megahertz of spectrum. This is more than the entire AM and FM terrestrial radio bands combined. In addition, one licensee would be able to air more than 300 channels in every market - 40 times more channels than terrestrial radio broadcasters are permitted to control in the largest markets.

With 300 channels, the monopoly company could use some of its channels to provide local programming aimed at specific large markets, competing directly with terrestrial radio but not on a level playing field. Last year when Greater Media purchased a sixth FM station in Boston, we had to sell a station we already owned to comply with the FCC's ownership limitations.

The Department of Justice's conclusion about the "market" in which XM and Sirius compete directly contradicts the FCC's recent decision not to relax its broadcast local ownership caps. The Department of Justice concluded that XM and Sirius compete for listeners with traditional AM/FM radio, HD radio, iPods, and cellphones. The FCC, on the other hand, found that these alternatives were not good substitutes for listening to radio. If the Justice Department is right that there is broad competition for listeners, then the FCC should relax the multiple ownership rules and permit companies to own more than a handful of stations in any given market. If the FCC is correct, then the merger must be denied since it would indisputably create a monopoly in the satellite radio market.

In any event, if the FCC permits XM and Sirius to merge, it should ensure that satellite subscribers are not discouraged from sampling other audio services, including HD radio. The radio industry is at a critical juncture with respect to the implementation of HD radio. We have spent millions of dollars to convert to digital. Consumer awareness is growing, but the number of HD receivers in use is still low.

To support broadcasters' efforts to convert to HD and help provide a relatively level playing field, the FCC should require XM and Sirius to subsidize or license receiving equipment only if it includes HD tuners and allows users to switch easily between the satellite and AM/FM bands.

XM and Sirius failed to comply with the equipment interoperability requirement the FCC imposed in 1997 and, in fact, the Department of Justice ironically relied on this lack of compliance to support its conclusion that XM and Sirius do not currently compete with each other. Therefore, failure to comply with the HD compatibility requirement should result in the forfeiture of some of the merged satellite company's spectrum.

These companies have a long history of ignoring the dictates of the FCC. The principles of a fair market demand that the FCC no longer allow that to happen.

Peter Smyth is president and CEO of Greater Media Inc.

Peter Smyth wrote With 300 channels, the monopoly company could use some of its channels to provide local programming aimed at specific large markets, competing directly with terrestrial radio but not on a level playing field. Last year when Greater Media purchased a sixth FM station in Boston, we had to sell a station we already owned to comply with the FCC's ownership limitations.

Why would Xirius even bother with local markets. The only thing that is a benefit would be the sports talk but even then if I am 3 hours away from my home market I wouldn't be able to listen to it anyway because I would no longer be in my market.

The only thing worth getting locally is new or traffic because the local stations get check traffic correct.

http://www.fcc.gov/commissioners/

The FCC is directed by five Commissioners appointed by the President and confirmed by the Senate for 5-year terms, except when filling an unexpired term. The President designates one of the Commissioners to serve as Chairperson. Only three Commissioners may be members of the same political party. None of them can have a financial interest in any Commission-related business.

What about personal interest ? This will be a big scam if this is not approved in the next 7 days.

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