On Tuesday, public interest groups Public Knowledge, Media Access Project and New America Foundation all met with the Federal Communications Commission to discuss the proposed merger of Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc.The meeting - which was attended by FCC Chairman Kevin Martin, Elizabeth Andrion, Acting Legal Advisor for Media Issues for the Chairman; as well as Gigi Sohn and Alex Kanous of Public Knowledge; Andrew Jay Schwartzman and Parul Desai of Media Access Project; and Michael Calabrese of New America Foundation - also resulted in one of the most detailed public filings regarding this merger of recent history.
The meeting revolved around two main topics: non-commercial/education set-aside, and open access.
But what I found most interesting was the details in the filings. I'd highly recommend reading the entire filing (PDF) to get the big picture, but here's some excerpts that I think should be highlighted:
"[Public Knowledge] suggested 10% for the minority setaside and 5% for the noncommercial set aside as reasonable."Takeaway: That's half of what Georgetown is requesting. Keep in mind that PK is also asking that if Georgetown's proposal is granted, that they too be required to setaside 5% of their own leased spectrum for non-commercial purposes.
"...Sirius purports to demonstrate that it already provides noncommercial programming that meets the 5% threshold the parties are seeking." (See below for the chart of Sirius' proposal.)
Takeaway: Public Knowledge isn't happy with this suggestion because they'd prefer to see programming that "would not ordinarily be on satellite radio" - plus several channels are owned by the same entity, and they would prefer a limit of one non-commercial programmer per channel.
I found this section particularly noteworthy:
"Regarding the open device condition, we agreed with the Chairman that should the Commission permit any entity to manufacture a satellite radio receiver, it would obviate the need for a mandate that all satellite radios have an HD radio chip, or that they be interoperable. In that case, the market would inevitably provide for satellite radio receivers with a wide variety of features." (emphasis added)Takeaway: This is a strong suggestion that iBiquity's proposal is losing ground in favor of open access. That's a good thing in my opinion - requiring that HD Radio be included seems to have little to do with the "public interest" and more to do with "iBiquity's interest."
What I particularly find important is that these three public interest groups appear to be challenging the proposals of Georgetown and iBiquity with more "reasonable" public-centric proposals. I'd hope that the FCC would be more inclined to agree with Public Knowledge, Media Access Project and New America Foundation, as opposed to companies that just want a piece of the action.
[Read FCC Filing (PDF)]
Since Sirius ALREADY sets aside 5%(do these figures include XM??) the need to mandate an ADDITIONAL 5% seems to be excessive--and both companies also ALREADY have a higher allocation to minority dedicated channels so i really dont understand the need for Georgetown to obtain more--let onalone for free too---If Sirius didnt offer these channels, they would have a right to request for the ability to lease some sprectrum but that isnt the case
I think the offer of 8 additional channels is more then generous
Martin will be fired any ways, and you know the Dems. are going to make it a Dirty affair. Why he doesn't just pass the Merger with no conditions, is beyond me? I bet he is just taking his time, so he can line himself with a job working for the NAB.
Since when did the FCC become a "Chief Negotator" for public interest groups? When are the meeting, letters and appeasement going to stop? This has gone beyond the pale.
This merger has gone on so long, I think shareholders need a new vote to approve merger terms. Also the 4.6 ratio is no longer adequate like it was over a year ago. I think a 4.0 ratio is more realistic.
It appears these 3 groups are questioning Sirius regarding the 5% for public programming.
The groups say the 5% should be based on CHANNEL CAPACITY versus Sirius
stating 5% of existing channels are already being used for public programming.
What %%%% of capacity are Sirius and XM currently using ????
I find a few things interesting: 1-that they 'reviewed' the info from Sirius regarding the 5%-makes me think that Mr. Martin brought that info to the meeting to let them know their request is already being delivered 2-that the radios be required to have HD capabilities OR be interoperable-the key being the "OR". Interoperability will benefit Sirius/XM, the HD will only help HD radio stations.
However, in our 'free' market, the merger still should be approved (6 months ago) without any conditions!
Why are we still discussing this bullshit? None of this is new. The FCC needs to pick a (low) number, and let SIXM get on with life. Whatever this is, PICK IT FUCKING NOW.
Fuck em
Ok, this is what I get:
The 3 groups agree that 5% of non-commercial is good.
The 3 groups agree with the open device plateform.
The 5% needs to be CAPACITY (spectrum) as opposed to % of # of channels. (Which makes sence to me, since the type of channel determines bandwith anyway)
They take no position on commercial set aside, other than they still want the noncommercial.
"The parties reviewed the attached document, in which Sirius purports to demonstrate that
it already provides noncommercial programming that meets the 5% threshold the parties are
seeking. PK pointed out that it would prefer that any programming on the set-aside be
programming that would not ordinarily be on satellite radio,"
Ok, so then Sirius can stop paying NPR and those types to broadcast, and can now demand that those companies lease the spectrum. That is stupid on PKs part.
And no interop or HD requirement as long as they include the open access.
I think all of this is very workable as long as they dont give Georgetown 10-20% on top of PKs 5%. I have always liked PKs suggestions.
If Sirius is required to give up Spectrum for Public Interest even thou they already have 9 channels set aside for it, would that mean Sirius could drop those channels?
Brian, I love it -- make NPR pay. Oh, the irony. In a strange way, the 5% would be interesting because you could indeed make NPR pay, but then NPR would be free whether you had a subscription or not. I like the arrangement. I think that 5% capacity for lease is genius in that respect. I know that SIXM won't make money on those channels, but it would free up the spectrum for them.
I just don't get what is taking so long to render a decision here. We should have the right to know why they're 6 months overdue...
Please no more Public Interest Channels on Satellite Radio! I can think of better things to allocate spectrum on.
or that they be interoperable. In that case, the market would inevitably
They are working hard to try to get out of the Interoperable mess!!
or that they be interoperable. In that case, the market would inevitably
They are working hard to try to get out of the Interoperable mess!!
Thats what I dont understand....Sirius already has stations that represent minorities 20 times what regular radio does. Go regulate them. Same with educational. Sirius has medical MD, discovery, black comedy station, several spanish stations, even a korean one.
Terrestrial radio needs to be regulated!!!!!! It should be illegal how they play the same music forcing the public to listen to that crap. IT keep good music and musicians from getting air time.
The FCC just announced that it COULD act on the merger by June 30.
Just get the merger done!!!!
If the merger is rejected by the FCC(FEDERAL CLOWN COMMISSION), and you want to change services, buy the radio and subscription. THEN SEND THE BILL TO THE "HEAD CLOWN" KEVIN MARTIN.
OR ONE COULD DO THAT SOONER.
"Please no more Public Interest Channels on Satellite Radio! I can think of better things to allocate spectrum on."
I'm with you! If this keeps up satrad will end up like cable TV with tons of channels that nobody wants. Maybe with a la carte programming we won't be forced to have them.
By Fawn Johnson
Of DOW JONES NEWSWIRES
WASHINGTON (Dow Jones)--Federal Communications Commission Chairman
Kevin Martin said Friday the commission could rule on the proposed
merger between XM Satellite Radio Holdings Inc. (XMSR) and Sirius
Satellite Radio Inc. (SIRI) before June 30. "I still think the
commission could act by the end of the second quarter," Martin said at
a press conference. Earlier this year, Martin had asked his staff to
compile a report on the various conditions the FCC could impose on the
proposed merger. On Friday, Martin said the staff has done what he
asked, but he declined to comment on their recommendations but said
the proposal hasn't been circulated to the four other commissioners,
Martin said. The FCC won't consider the merger proposal at its June 12
meeting, Martin said, meaning the ruling could be delayed until July
unless the commissioners agree to vote on the merger proposal before
then without a public meeting. The Justice Department cleared the
merger proposal with no conditions in March. -By Fawn Johnson, Dow
Jones Newswires; 202-862-9263; fawn.john...@dowjones.com (END) Dow
Jones NewswiresMay 23, 2008 12:29 ET (16:29 GMT)
Might be good news - fuck Struble and iBiquity!
sounds like worse case a ruling in July.
no... no... NO... NO!!!! NO... Just say no fucking way...
HD Radio MUST be included AND HAS EVERYTHING to do with the "public interest" SINCE HD RADIO IS THE ONLY RADIO WHICH WILL BE AROUND AFTER "merge" MONOPOLY kills satrad
I still want 20% of Sirius and Clear Channel because I am a minority and a Katrinicean from New Orleans.
What do all these metrics have to do with the merger, and whether or not the merged companies will be a monopoly?
What do all these metrics have to do with the merger, and whether or not the merged companies will be a monopoly?
What do all these metrics have to do with the merger, and whether or not the merged companies will be a monopoly?