NAB meets with the FCC... again!
There appears to be no end to the amount of meetings that are occurring at the Federal Communications Commission. According to an FCC filing, NAB president and CEO David Rehr and Jane Mago of the NAB met with Commissioner Jonathan Adelstein and Rudy Brioche of Adelstein's office over he pending merger of XM Satellite Radio Holdings, Inc. and Sirius Satellite Radio, Inc.
At the meeting, Rehr and Mago argued that a merged Sirius-XM would control "almost 20% more" total spectrum than that allocated to AM/FM radio combined. They also highlighted that the terrestrial radio spectrum is "shared among more than 14,000 licensees."
But perhaps the most scathing of the NAB's remarks comes at the end of the filing.
The National Association of Broadcasters said, at the April 30th meeting, that "the past behavior" of both Sirius and XM shows that any FCC conditions on the merger "would prove futile."
It's odd that the NAB sees "past behavior" as being such a big deal, especially considering the mountains of FCC violations - such as payola scandals, indecency violations, licensing issues, etc - that terrestrial radio broadcasters have made. Time and time again, the NAB adopts a "do as I say, not as I do" policy... something that I pray the FCC takes notice of.
[View FCC Filing (PDF)]

Comments
Is this a picture of the Joker?
Posted by: Anonymous Coward | May 2, 2008 12:55 PM
ewwwwwwwwwwwwwwwww!!
Posted by: satellite chick | May 2, 2008 1:02 PM
The NAB is all about recently "do as I say, not as I do"...policy... something that I pray the FCC takes notice of and perhaps satellite radio listening to the---FCC---a la carte was a good idea.
Posted by: dean | May 2, 2008 1:07 PM
I am beginning to think all you sat rad fanboys are right. This Rehr guy is beginning to look like a real loser, with the losing hand. This "merge" Monopoly looks like it is going to fly after all. God help us all.
Posted by: Anonymous Coward | May 2, 2008 1:09 PM
Somebody has to take David Rehr into town and get him laid. He has way too much going on in his head and needs to get some of relief I can't get over this endless philibuster. Just more and more BS with no end in sight.
Posted by: Paul | May 2, 2008 1:17 PM
Rehr, forgot about the amont of Bandwidth AM/FM stations have with the new Digital AM/FM.
Posted by: Thinking Clearly | May 2, 2008 1:22 PM
Anonymous Coward. You know what does not make sense is the fact that you use quotes around the word merge. For some reason I do not see someone making the quote symbols when they are talking.
Posted by: another thought | May 2, 2008 1:28 PM
Ryan, you seem to miss the point. What do rules violations by radio stations have to do with whether XM and Sirius can be relied upon to comply with any conditions the FCC puts on the merger? XM and Sirius have been in biz for not very long and have produced a pretty long track record of breaking their licenses, especially XM. Shouldn't satrad investors be mad if this ends up costing XM or Sirius money? Noone's arguing that they're not qualified to have a satrad license, just that the FCC better watch'm closely after the merger because if they broke their license so many times before, its more likely that they'll violate merger conditions. Also, "Thinking Clearly", radio stations don't use any additional spectrum for digital radio, they compress what they already use and squeeze digital radio stations in there. Maybe you should change your nickname, or at least make sure you only talk about things you really know about.
Posted by: jose | May 2, 2008 2:10 PM
Jose_
What's making satrad investors mad and costing XM and Sirius money is this blatant attempt by the NAB and friends to stall this process as long as possible. Enough meetings already. The NAB posterboy, I mean president, looks as sleazy as the outfit he represents.
Posted by: offthfence | May 2, 2008 2:30 PM
What a retard ! Does Davie Rehr have any education relevant to telecommunications whatsoever ?
To make the statement about the AM/FM bandwidth and comparing it to the SATRAD bandwidth is not an apples-to-apples comparison.
To make the statement that the AM/FM bandwidth is shared by more than 14K licenses somehow makes it unfair ... well HELLO ... they have 14K licenses BECAUSE the FRINGE AREA RANGE of terrestrial FM radio is limited to about 100 miles due to the curvature of the Earth ...
DAVID, YOU STUPID ASSHOLE !!! ... Of course there are MORE lAM/FM icenses that are shared. .
Maybe he thinks the world is flat ???? He IS a RETARD !!!
Posted by: Paul | May 2, 2008 2:33 PM
I say fuck you Rehr-end. You are nothing more than a punk.
Posted by: frankrizzo | May 2, 2008 2:39 PM
I just wish Ryan would stop posting these close ups of David Rehr's ugly mug.
Holy shit that guy is scary...
Posted by: banff21 | May 2, 2008 2:49 PM
Jose,
It's usually referred to as HD Hash (using more bandwidth by interfering on the side channels), and the NAB has been trying to block this (and pretty much anything) for years.
NAB is the same organization that blocked TV (now a part of) and FM back in the day.
And lets not forget where the FCCs motives line up. No to second adjacent LPFM (community broadcasters) but yes to second adjacent translators (nationwide networks like K-Love).
14,000 licenses, yes, but 5 big radio companies that own most of them.
FWIW, I hope the FCC blocks this dumb merger. Sirius will falter first, then XM will likely follow suit.
Posted by: MNXMFan | May 2, 2008 2:49 PM
HOLY SHIT.....this Rehr dude looks like the punk rock singer David Johanson of the 70s NY Dolls....check it...
http://images.google.com/imgres?imgurl=http://ecx.images-amazon.com/images/I/41Z6345D93L._AA240_.jpg&imgrefurl=http://geranium-rollmops.blogspot.com/2008/01/david-johansen-1st-1978.html&h=240&w=240&sz=12&hl=en&start=18&sig2=FCHWM-r8IfkEDg_E9TAJMQ&um=1&tbnid=eLggn-tGjS0_TM:&tbnh=110&tbnw=110&ei=SWIbSJCgBo2GpASEgqH8CQ&prev=/images%3Fq%3Dny%2Bdolls%2Bdavid%2Bjohansen%26um%3D1%26hl%3Den%26client%3Dsafari%26rls%3Den%26sa%3DN
Posted by: regan | May 2, 2008 2:52 PM
That pic is gonna give me nightmares tonight. Spooky.
Posted by: Joe | May 2, 2008 3:38 PM
Or these two pics of the 70s punk rocker look more like him.
http://image.listen.com/img/356x237/5/4/3/7/507345_356x237.jpg
http://www.karenkuehn.com/photos/people_bw/Buster_Poindexter_1988.jpg
Posted by: regan | May 2, 2008 4:02 PM
it's all about beth...........
i mean allison
fag
Posted by: Anonymous Coward | May 2, 2008 4:31 PM
I dont see why people even care anymore. I really dont.
Posted by: Scott | May 2, 2008 5:33 PM
Ryan, you seem to miss the point. What do rules violations by radio stations have to do with whether XM and Sirius can be relied upon to comply with any conditions the FCC puts on the merger?
In addition.. When AM/FM Radio stations break the terms of their licenses with rules violations. They are actually sited and in most instances FINED.
Simple concept.. You violate the rules.. You are fined..
The SDARS companies want to be rewarded for their past rules violations.
Rewards for previous rules violations, only sets up the expectation for future rewards for future rules violations.
Maybe the FCC should adopt a similar policy for AM/FM stations. Break the rules.. we will make one of your local radio competitiors go off the air.
Sounds about right.
I guess some folks personal integrity is for sale for a couple of bucks made on a stock trade.
Posted by: Anonymous Coward | May 2, 2008 6:01 PM
I have a headache! This is crap!!! Approve or not! Just do something!! The guy in the pic looks like a evil villain in a movie.
Posted by: xmguy | May 2, 2008 6:12 PM
He looks like Gary Parson's bastard son.
Posted by: Plowboy | May 2, 2008 6:56 PM
AC, don't be so juvenile - the Sat companies don't want a "reward"; they want a MERGER. And if the FCC thinks that Sirius and XM broke any rules, they should follow through and FINE THEM like they do the NAB. Denying them a business move on the grounds that they didn't "behave" in the past is utter nonsense.
It's total hypocrisy for the NAB to bring up any misbehavin' by Sirius and XM when they've had to clean their own corral on numerous occasions. David Rehr is just grabbing at straws, hoping his arguments will persuade the FCC to deny the merger.
It's easy to see at this point why there is an investigation into the questionable competence of the FCC's operations. Unfortunately, that doesn't seem to be moving this merger process along any faster.
Posted by: numb_chuck | May 2, 2008 9:22 PM
David Rher is hot! I want a date - is he married?
Take me out to the ballgame baby!
Posted by: cuddles | May 2, 2008 11:06 PM
AC, don't be so juvenile - the Sat companies don't want a "reward"; they want a MERGER. And if the FCC thinks that Sirius and XM broke any rules, they should follow through and FINE THEM like they do the NAB.
Uhhh!! The NAB has never gotten fined because they don't hold any commercial radio licenses. That's why it is so comical that the moderator of this board seems to somehow believe that comparing the NAB to SIRI and XMSR is an appropriate measure. The NAB does not condone any radio or TV station that violates rules.
Denying them a business move on the grounds that they didn't "behave" in the past is utter nonsense.
Well, maybe you consider it utter nonsense. But, those are the rules. The FCC has always considered any applicants "citizenship" record in applications... Maybe you should review Section 47 308(b) of the Commissions rules to familiarize yourself the the Commissions Rules??? Or do you want to simply ignore more FCC rules?
It's total hypocrisy for the NAB to bring up any misbehavin' by Sirius and XM when they've had to clean their own corral on numerous occasions.
Not sure where you come up with these concepts at. Maybe you've been reading too many inaccurate entries on this source of constant misinformation?? NAB has never gotten fined because they don't hold FCC commerical TV/Radio Licenses. The represent the interests of Radio and Television Stations. But, they do not condone rules violations. So you see... There is no hypocrisy.. Because the NAB has never broken Commission Rules.
Maybe you should brief yourself on the actual factual data on these issues... Instead of getting your information from these "highly inaccurate" sources.
Just a thought.
Posted by: Anonymous Coward | May 3, 2008 1:53 AM
This clown is going to filibuster and use delaying tactics even after the merger if it happens because it is his job security. If the merger goes through testicular radio is going to drop the NAB because they failed them.No demand for the NAB means no demand for Davy Rehrrider.
Posted by: Greyfurgang | May 3, 2008 7:05 AM
"FWIW, I hope the FCC blocks this dumb merger. Sirius will falter first, then XM will likely follow suit."
So basically you oppose the merger because you just hate sat. radio and you hate the subscribers. Very nice.
Let them merge and maybe make it worse for the subscribers or don't let them merge and make it even worse for their subscribers to get a signal from either bankrupted/shut down company. Take your pick!
Posted by: Anonymous Hero | May 3, 2008 10:58 AM
AC
The NAB is representative of the Radio stations that have violated FCC rules and that is obviously what my point was about. Duh.
Section 47 308(b) refers to Policy Regarding Character Qualifications which has nothing to do with failure to grant interoperable radios. Duh.
That being said, i reiterate that the FCC should fine XM and Sirius if it feels they have broken any rules, just as they have fined other RADIO BROADCASTERS (here represented by the NAB) and furthermore, that the NAB is hypocritical in using that argument as an attempt to persuade the FCC to deny the merger.
Posted by: Anonymous Coward | May 3, 2008 2:03 PM
David Rehr looks like a TV evangelist and that NEEDS MONEY !!!
Posted by: Paul | May 3, 2008 10:21 PM
The NAB is representative of the Radio stations that have violated FCC rules and that is obviously what my point was about. Duh.
Exactly, the NAB is simply a "representative body". They do not condone 'rules violations' by their member radio and television stations. Just as they don't condone the violations of Sirius and XM. So I don't see any hypocrisy here.. Now if the individual radio stations that were found guilty of rules violations complained about Sirius and XM rules violations... Then you would have some hypocrisy.
Section 47 308(b) refers to Policy Regarding Character Qualifications which has nothing to do with failure to grant interoperable radios. Duh.
Sure it does,
Section 308(b) sets forth matters into which the Commission may inquire, including
the citizenship, character, and financial, technical, and other qualifications of the applicant to operate the station;
The fact that the two companies have dubious character and citizenship records with the FCC is clearly relevant to the proceedings. If they didn't keep previous promises, what makes anyone think they will keep new "promises"?
Their entire list of concessions are based on their promises.
It's like loaning someone $1000 and they promise to pay you back in 2 months. In 2 months they return and tell you that they are not going to pay you back, but they want another $1000 loan with another set of new promises. Do you loan them another $1000?
Probably not... Why??? Because you have determined that they don't keep their promises. Why would you believe that they will pay back the second $1000 when they refuse to pay back the first $1000??
That is why it is relevant.
that the NAB is hypocritical in using that argument as an attempt to persuade the FCC to deny the merger.
The argument is valid. The entire merger is based on "promises" by the two companies.
There "promises"sound reassuring. Just as those "promises" they made 10 years ago sounded reassuring. The only problem is... They have refused to keep many of those promises to the detriment of the SDAR consumer.
Now they ask not to be reprimanded for their past broken promises, but instead they ask to be rewarded with the creation of the first ever spectrum monopoly. In exchange... They offer yet more promises.
The NAB and many other organizations view is that the combined companies have a storied history disregarding their previous "promises". So how can anyone trust them to keep their next batch of promises?
Providing rewards for previous rules violations, only sets the expectation for more rewards for more rules violations.
Posted by: Anonymous Coward | May 4, 2008 1:21 AM
Let's assume that the merged company does NOT follow the FCC guidelines.
The FCC then imposes a fine and if the fine is not paid, the merged company risks losing its license. Just like it is today.
The FCC is still the ultimate authority on the operation of SATRAD.
Why is there a problem with anyone thinking the merged company will not adhere to regulated guidlines ?
Posted by: Paul | May 4, 2008 11:18 AM
This freak Rehr looks like a cross between Renee Zellwegger and Eddie Munster! All you have to do is look at the faces of some of these characters and it puts things in perspective; they are all a bunch of close minded, conservative, yes men devoid of the guts or the conscience to take a stand..... and do the right thing. They are also all on the take and couldn't care less what people want in this country. Unfortunately our government is at it's core so corrupt that it is incapable of policing the FCC. This merger delay is disgraceful and it is no coincidence that it is happening while Bush is in office. Not only is he the WORST and most UNPOPULAR President in the history of the United States, but he evidently just doesn't give a damn about anything. For the DOJ and the FCC to take this long to make a decision of so little significance clearly shows that the system is broken and needs to be overhauled. Satellite radio is a nonessential service that people pay for. Nobody is forced to get it, and nobody is forced to keep it. There are too many ignorant people in this country who don't appreciate how great it is to keep it from ever becoming a threat to terrestrial radio. I happen to enjoy what it has to offer; AM/FM offers me nothing but limited play lists, excessive commercials, and total conservative talk (propaganda) like Rush Limbaugh, Sean Hannity and other shills for the Republican party. I haven't listened to "regular" radio since I got Sirius; I cant stand to listen to it. There are plenty of people in this country that love mediocrity, so terrestrial radio has nothing to fear. Satellite radio appeals to a more discriminating audience than the legions of fans that are satisfied with the inferiority of "free" crap radio. That ratio of listenership isn't bound to change anytime soon, so approve the merger for God's sake!
Posted by: Ultimate Warrior | May 4, 2008 3:04 PM