Recently in FCC Category

Representative Edward Markey (D-MA), not content with a Federal Communications Commission inquiry on the subject, is has sponsored a bill to force HD Radio chips into  Satellite Radios.

The "Radio All Digital Channel Receiver Act" (H.R. 7157) would mandate that devices designed to receive both Sirius XM Radio Inc. service - and terrestrial radio - must be able to receive HD Radio too.

Of course, the FCC launched a Notice of Inquiry on the HD Radio mandate just last month. But Markey can't wait to let that play out it seems.

"Millions of Americans today rely on local broadcast radio for news, public safety bulletins, sports, weather, traffic and other information," Markey said in a statement.

"The recent merger of the only two satellite radio providers, XM and Sirius satellite radio, has underscored the importance of ensuring consumer access to a diversity of sources for digital radio content, in particular content originating in their local communities," Markey added.

Clear Channel CEO Mark Mays had words about the FCC's approving of the merger between Sirius Satellite Radio and XM Satellite Radio at a panel during this week's NAB Radio Show.

"I don't know how they [the FCC] allowed XM and Sirius to merge into a monopoly," said Clear Channel chief Mark Mays (pictured left, next to his father and Clear Channel chairman, Lowry Mays).

Of course, that criticism didn't prevent Clear Channel from revamping their channels on XM following the Sirius XM Radio Inc. merger. The Clear Channel controlled channels are reported to earn the radio conglomerate "seven figure revenue" annually.

Mays continued his remarks about the FCC, "They clearly didn't have the backbone right now to do the right thing." Mays added that "the right thing" would be to mandate that HD Radio be included in all receivers.

I wonder if calling Chairman Kevin Martin, as well as Commissioners McDowell and Tate, as having no "backbone" will encourage the FCC to do "the right thing"?

Los Angeles-based Mt. Wilson FM Broadcasters has filed the first petition for reconsideration with the FCC over the merger between Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc.

Mt. Wilson is the licensee of L.A. radio stations KKGO and KGIL.

The broadcaster is asking the Commission to take a second look at the conditions imposed on Sirius XM Radio Inc. The company argues that the conditions are not adequate, and that the satellite radio companies should be subject to the same indecency regulations over "unauthorized frequencies" that terrestrial radio follows.

[View Petition (PDF)]

The Sirius XM merger may be over, but there's still many loose ends that need to be tied up. One of those is the mandate to include HD Radio chips in satellite radios.

And the Commission has launched its official Notice of Inquiry on the matter.

The FCC is taking comments (under docket # 08-172) about whether to require HD Radio or any other audio technologies to be incorporated into all satellite radio receivers and/or whether to require SDARS or any other audio technologies to be incorporated into all HD Radio receivers. A bit of tit-for-tat.

The Commission also wants to understand the impact on reception and how much it would cost manufacturers, auto manufacturers and - ultimately - consumers.

Sirius XM argue iBiquity's $15 per radio fee is unrealistically low, while Pioneer has said the mandate would "unnecessarily increase costs to consumers uninterested in HD Radio."

It seems that the original statement sent out by the FCC wasn't the right one, and so Commissioner Tate has issued a new statement regarding the Sirius and XM merger.

This time around, Tate says that few decisions "have been more difficult" than the Sirius and XM one.

"As a strong supporter of free-markets and limited government regulation, I am predisposed to allow private companies the autonomy to make business decisions without the heavy hand of government regulation," said Tate.

"My personal office received hundreds of phone calls from individual citizens and organizations in at least 30 states," she added. "It seems that every segment of society has an interest in this merger."

 

FCC Commissioner Deborah Taylor Tate has finally issued a statement (technically, two statements) on the now-approved merger between Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc.

Tate doesn't wax poetically about the merger like Commissioner Copps, her Democratic counterpart. Instead, she focuses purely on the Consent Decree and Sirius-XM's adherence to FCC regulations.

You can read her statements here: 1, 2 (PDF)

On a related note: there is a nasty rumor going around that the FCC is requiring XM to remotely shut down all SkyFi2 receivers, because of the wickedly powerful FM transmitters. That's completely false.

As part of the FCC's Compliance Plan (which will last for 5 years, and require reporting every 3 months), Sirius XM Radio Inc. is required to broadcast on-air notices about non-compliant radios, and will replace radios returned by customers with compliant devices.

[FCC.gov]

 

 

It's officially official now. The Federal Communications Commission announcement on the merger approval of Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. has officially been made public on the FCC.gov website.

Did I mention it's official?

You can read the announcement here, as well as statements from FCC Chairman Kevin Martin, Commissioner Copps, Adelstein and McDowell. Note, Tate's statement appears to be missing. (All links are PDFs.)

Let's do this again, this time with gusto: The Federal Communications Commission has officially and formally approved the merger between Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc.

FCC Chairman Kevin Martin confirmed the final vote Friday night.

"I think it's going to be, in the end, a good thing for consumers and be in the public interest," Martin told The Associated Press.

FCC Chairman Kevin Martin said this in a statement:
"The merger is in the public interest and will provide consumers with greater flexibility and choices. Consumers will enjoy a variety of programming at reduced prices and more diversified programming choices. It will also spur innovation and advance the development and use of interoperable radios, bringing more flexible programming options to all subscribers."

"I am pleased that before acting on this merger, the Commission first finalized our enforcement proceeding against two companies that have flagrantly violated FCC rules and regulations," said Commissioner Tate in a statement.

Commissioner Adelstein couldn't help but to throw in a few jabs about the process of course.

"They kept each other on their toes," Democratic commissioner Jonathan Adelstein said of the two companies. "I hope they keep their edge and don't become a fat and happy monopoly."

The conditions haven't changed since we last presumed the final closure of the deal, it was simply a case of finalizing the process.

Congratulations everyone... I'm going to go sleep for a very, very long time now.

The merger between Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. has yet to be officially consumated, apparently because of a hold-up in a single vote on the consent decree.

So what's the hold up? FCC Chairman Kevin Martin is, according to reports.

A Broadcasting & Cable source said that Commissioner Tate wasn't planning to vote to approve the merger until the FCC enforcement action was taken. But Tate has already cast her vote for the decree along with Commissioner Robert McDowell.

Both of the commission Democrats, Copps and Adelstein, have not vote for the enforcement action yet either, according to a source. But they're already on record opposing the merger, so they are unlikely to do so anyway.

So that leaves Martin, who's still the missing vote.

All he needs to do is cast his vote to issue the consent decree, and the historically long merger review will finally be wrapped up. It's unclear what the hold-up is, and no one was available in the chairman's office to respond to B&C's inquires.

And so, into the weekend we go...

[Broadcast Newsroom]
Thanks voogru!

Following the obvious political posturing at the Federal Communications Commission, Howard Stern called the opposition to the merger "communism" and vowed to never vote Democrat again.

"I've voted Republican and I've voted Democrat," said Stern on the air. "I have vowed I will never vote for a Democrat again. I don't give a %#@% - no matter who they are."

Stern took it even further and called the Democrat commissioners "communists" and referred to their tactics as "gangsterism."

"The fact that these Democrats on the FCC are communists," Stern added. "They're for communism. They don't want to see companies... this is gangsterism."

[Business and Media]

Listen to the audio after the jump...