FCC requests more info from Sirius-XM - Orbitcast

FCC requests more info from Sirius-XM

| 26 Comments

FCCThe Federal Communications Commission has asked Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. for additional information in regards to their pending merger.

"In order for the Commission to review the consolidated application and make the required public interest findings ... we require additional information and clarification of certain matters discussed in the consolidated application," wrote the FCC in their request to the companies.

The FCC is asking for a wide array of documents ranging from agreements with content partners, to research reports and other analysis, and even technical broadcast information (much of which I would assume they already have?) among other things.

It's a fairly sizable request, and it's all due by November 16th.

Interestingly enough, a lot of the information requested is stuff that the FCC should already have, or had received already. But considering the size of the request, there's little chance the FCC will reach their final decision shortly after the Nov. 16th due-date.

With rumors of the DOJ reaching a decision sometime this week, I don't know if this is an indication that the process has been delayed at all. But traditionally the DOJ would make its decision first and then followed by the FCC. Much of the info requested by the FCC also seems to have covered what U.S. Electronics was requesting (and U.S.E. was asking for the clock to stop), so the news could be seen as a positive thing.

[FCC Requests: XM, Sirius (PDF)]
Thanks Tim!

26 Comments

after reading through the FCC request...do you really think Sirius/XM will be able to get all that info in time? Etiher this is a ploy to have the clock stopped by Sirius/xm so they don't have to or the FCC thinks Sirius/xm has already researched, analyzed, and made decisions on all the items requested. Some items requested seem like they would not be known until after the approval and merger begins.

All the info requested is like a whole new business plan for sirius/xm.

...I don't see this happening before the 16th.

...help me see my ignorance or how I am wrong

WOW you would think two of the biggest oil companies were going to merge or something...

oh wait they did and in less time then this, with less request, less review....

Anyone else get the feeling this is a lot of posturing where no one wants to come out as the bad guy?

Just what we need more delays! LOL....Whether for the merger or not, I wish they would just come to some sort of decision! Anyone else with me on this?

Come on commentors. Read the request. Are you guys saying that Sirius and XM don't have all this information readily available??? Basic merger info??? You gotta be kidding me guys.

if the requested info is simple to obtain why hasnt the govmint assed fo it before? all this time goes by and things are winding down so all of a sudden they need this info now? come on i call bullshit....this whole thing has dragged on way to long.......im gonna go listen to my ipod!

This also can be good news for people such as myself opposed to the merger. One satellite company=bad. Two satellite companies=good.

The delay in announcing a merger approval/denial/approval w/ conditions is destroying the market for satrad because consumers want to know what the heck is going on. Rumors abound and noting happens except the continued erosion of the market.

this deal has got to be the most played out merger in history..for what a measly 4% of the radio industry. i pray the day when this is over.

you're right, the oil companies had it easier.

they're acting like this is going to make or break the US economy

WHEN this merger happens the rubber band effect to higher share prices is going to be AWESOME!

Much of what is being requested is actually a RE-request as its already been provided--i think this is a response to the paperwork filed recently by a few companies with lawsuits and is the FCC way of saying"we checked/requested info following up on your filings" (cover your ass )

Is ANYONE listening out there??? THE PEOPLE WANT THIS MERGER!!!! If you want a engage in a nonsense debate, talk about the WAR! By the way, I will be listening on SATELLITE Radio!!

This is a very good development for pro-merger. I spoke to a collegue at a large antitrust firm inside the beltway today who reads this piece of news as confirmation that DOJ is about to approve the merger and the FCC is now going to have to make sure all "i's" are dotted and "t's" are crossed. Without DOJ approval the FCC's decision becomes moot. It is highly unlikely such a comprehensive request would have been made if the decsion was not going to fall to them very shortly. My prediction: DOJ approves before the 16th--the due date on the information

People want this merger? Like people want Hillary Clinton?

Bullshit.

People want this merger because they're TOLD they want this merger, and for no other reason. It benefits no one but Mel and Howard...and it inhibits choice, and therefore it hurts the listeners.

I subscribe to both XM and Sirius, and have for some time...but I'm sure they won't miss my $26 or so a month when this awful deal is done.

you heard it first, MERGER APPROVAL THIS FRIDAY
NOVEMBER 9, 2007 AFTERMARKET

you heard it first, MERGER APPROVAL THIS FRIDAY
NOVEMBER 9, 2007 AFTERMARKET

you heard it first, MERGER APPROVAL THIS FRIDAY
NOVEMBER 9, 2007 AFTERMARKET

you heard it first, MERGER APPROVAL THIS FRIDAY
NOVEMBER 9, 2007 AFTERMARKET

>>> you're right, the oil companies had it easier.

The oil companies aren't trying to create an unregulated monopoly.

(Although, they would, no doubt, like to have one).

Well, Even me... "Mr Anti Merger" sees this as a slight positive. IMO the FCC would not be asking for the information if they were not considering aproving the Merger. This still in no way means its a "Green Light" but its also not a NO WAY.

I continue to be amazed by posts like this:

" subscribe to both XM and Sirius, and have for some time...but I'm sure they won't miss my $26 or so a month when this awful deal is done."

These anti-merger comments explain exactly why they can't afford to screw subscribers after the merger! Merger or not, they still need a lot more self-paying subscribers to survive, and if they start screwing subscribers, they will be screwing themselves too!

"The oil companies aren't trying to create an unregulated monopoly'

HAHAHAHAH, 95 dollars a barrel and you tell me there is not total control by the oil countries and oil companies....hahahahahah


As for monopoly in radio i am still suprised you people are so insane that you dont know that you can get music from other places....MOST FREE....let me tell you about a little secret...its called RADIO, IPOD, CELL PHONES, INTERNET, ECT......

how can you have a monopoly when you can get all the content from more then 5 different places?

Tell me sir what can you get on a merged Sat radio that you cannot get somewhere else?
oh and don't say stern because i will just say Rush who is exclusive to radio and call radio a monopoly.......tell me what SERVICE can you get on sirius/XM that you cannot get elsewhere?

guess no one can tell me what service you can get in Siri/XM that you cannot get elsewhere?

I can tell you. Where else can I get 170 - 300 channels of commercial free music/sports/news/talk that has nationwide coverage with exceptional sound quality? AM/FM? No, commercials, not nationwide, not even close to the diversity of programming. Ipod? No, only can listen to songs you already own, no talk unless you count podcasts as talk, in fact no live programming at all. Cell phones? No, crappy sound quality, very few channel options, need to pay extra for data plan, no sports/talk. Internet? No, not portable or available in cars (please don't try to tell me it is, maybe standard in 10 years but if you have portable internet you are 1 of about 4 people on the planet), lousy playlists, no sports, no big name talk, often poor sound quality. Maybe you can tell me where I can get everything that sdars provides in one package. If it's all out there for free why do you have Sirius?

And as for the oil companies, our government cannot regulate what other countries charge. OPEC is a criminal organization that conspires to set pricing and manipulate supply. But it is also beyond the control of the US.

"Where else can I get 170 - 300 channels of commercial free music/sports/news/talk that has nationwide coverage with exceptional sound quality?"


- Internet
- Download to your MP3
- Radio covers the entire country...hell it covers it in places where sat radio cannot reach.
- ect ect ect

now the fact that you want commercial free is not a point to consider this different then all other services.

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"No, only can listen to songs you already own, no talk unless you count podcasts as talk, in fact no live programming at all"

Wrong go to espnradio and download all of their shows each day. go to rushlimbagh and download his show everyday...go to (forgot name) and you can download O&A everyday....want more talk?
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"Maybe you can tell me where I can get everything that sdars provides in one package."


you are talking about delivery of service not the service itself. you cannot claim a monopoly because you have "trouble" getting the goods from other sources since they are still avalible.

its up to THE OTHER SERVICES to provide you with an easy way to recieve the services.

do you call google a monopoly because they can give you search easier then everyone else because everyone else's service does not fit your needs?

While AM/FM is nationwide, the stations are not. I can't get a Boston station in Chicago. I can get an XM/Sirius station anywhere in the country. And very few FM stations allow you to listen online, not that it would be any help in my car or while outside. Take any market in the country and there is nowhere near the amount of terrestrial stations I can get on sdars. And yes, commercial free is a big difference, you can't just ignore it because it doesn't fit into your little plan.

Downloading a show is not live. It is a download. An iPod provides no live programming. If there is a massive breaking news story such as a terror attack on US soil, my iPod can't let me tune in for breaking news. Can I download ESPN's sunday morning NFL pre-game? No, and I like to listen to all 4 hours of it. Can I download FSN Radio's coverage during the afternoon? No and I listen to hours of that too.If I want to download O&A I have to pay $3.95 per show at Audible. That's nearly $20/week. How is that the same as $13/month?

Your Google example is laughable. Google does nothing that other search engines don't do. They are parity services. Until these "other services" can provide me with a way to get the same content as XM/Sirius, they are not competitors.

And again, how is the internet with incredibly poor playlists that tether me to a computer competition? You also forgot the cell phone and its limitaations.

If I need 5 different things to replace my sdars then those are not competition. Sorry, your argument is a joke.

PFreak my buddy let me explain it to you

______________
"While AM/FM is nationwide, the stations are not. I can't get a Boston station in Chicago. "

- Not a limitation of radio, they can do it if they wanted to so you stop a merger because the other competition refuses to do it?
_______________
"And very few FM stations allow you to listen online, not that it would be any help in my car or while outside"

- LOL its called a portable radio, you know a walkman...you can get all radio outside....hell you can even get radio INSIDE where you cannot get sat radio unless you are near a window.
______________
"And yes, commercial free is a big difference, you can't just ignore it because it doesn't fit into your little plan"

- no its how both services are paid for one is a monthly fee the other is paid by commercials. so if XM/Sirius agreed to start playing commercials then its not a monopoly anymore?
______________
"Take any market in the country and there is nowhere near the amount of terrestrial stations I can get on sdars."

- not an accurate picture since some stations in some markets would be considered like 10 sirius stations. 80's-today played by one station would cover for instance
- 80's
- 90's
- 00's
- POP
- 20 on 20
- ect ect ect
_________________________

"Can I download ESPN's sunday morning NFL pre-game? "

- no but i can listen to it in many markets such as hartford where on 1410 they have a station....COMPETITION OMG.

________________________

"If I want to download O&A I have to pay $3.95 per show at Audible. That's nearly $20/week. How is that the same as $13/month?"

- If i want to listen to rush limbagh and he is not on a station near me (god forbid) i have to PAY like 3 dollars a show too. OMG quick call the SEC/FTC/EiEiO its a MONOPOLY RADIO HAS!!!!!

- exclusive content is on every platform this is not an indication of a monopoly, otherwise you could sue fox because you cannot see a fox show on NBC.

_______________
"And again, how is the internet with incredibly poor playlists that tether me to a computer competition?"

- limitations of a competitor is not indication of a monopoly. you can very easly by a sprint 3g card, a small laptop, handheld, or even a pda and get internet music EVERYWHERE, with much bigger playlist then sirius is every going to have....EVER.

go to shoutcast.com...they have more stations under POP then sirius has stations. i call that selection HUGE. you can also take this same computer and connect to services such as Yahoo music service where you can play ANY SONG and create your playlist on the fly for 9.99 a month....out of millions of songs....can you select the next song you are going to listen to on sat radio??

sounds like competition to me. just because you dont want to spend the money on EQ or that the other companies have not created a better portable device does not mean its a monopoly
________________________

"If I need 5 different things to replace my sdars then those are not competition. Sorry, your argument is a joke."

- no it means that there is 5 different things that compete with sirius/xm...they just do it poorly.

- look at terr radio, they figured out they could provide even more music on a side band called HDradio....if they would take the next step they could prob provide direct content and user requested content, they just dont want to spend the money.....

you admit that there is 5 different ways to get the content so you admit there is competition out there....that is all that i am looking for

thank you sir