Report: McDowell has voted in favor of merger; one more vote needed

2 down 1 to go! :)

2 down and 1 to go till I cancel each and every subscription I have with the satradio industry. Educated consumers will not accept Melvin Alan "Mel" Karmazin's "merge" scheme aka MONOPOLY. :)

Commissioner Deborah Taylor Tate don't let us down, NO! to Melvin Alan "Mel" Karmazin's "merge" scheme. Let Martin and McDowell fry for rubber stamping a obvious scheme leading to a MONOPOLY in the satradio industry, leading to the implosion of the entire satradio industry.

Story by Michael Hartlieb. I defy anyone on this board to poke any holes is in it. Hartlieb's take is completely accurate and truthful. XM and Sirius have been lying to their customers for years about interoperable radios, and the FCC, and none of the Mel fan boys on this site or SiriusBuzz and other other pro-merger, Sirius-funded websites, seems to give a damn.

The 'Real' Story Behind the XM/Sirius Merger
by: Michael Hartleib posted on: July 11, 2008 |

I am both a satellite radio listener (consumer) and a major shareholder in Sirius (SIRI). As an investor, I have studied the technology and closely followed Sirius’ operations and those of XM Satellite Radio (XMSR) - its only competitor. I have also read its filings made over the years with the SEC and I not only have closely followed the merger proposal and the application Sirius and XM made for its approval to the FCC, but have actively participated in that proceeding.

Back in March 2007, approximately, I filed a Petition for Declaratory Ruling with the FCC asking it to determine whether the two companies had complied with the condition the FCC imposed on both XM and Sirius when it granted each their licenses in 1997. That condition, which many consumers and individual shareholders may still be unaware of, required the companies provide an interoperable radio that would permit consumers to receive either XM or Sirius service from a single satellite radio receiver.

I filed the Petition for Declaratory Ruling at the FCC because, though ten years has passed since the FCC imposed the condition and long after XM and Sirius became operational, consumers still do not have access to an interoperable radio capable of receiving services from both companies. Moreover, shareholders have been kept in the dark about the impact that providing an interoperable radio would have on both companies' financial performance.
For consumers, one example of the adverse consequences of not having interoperable radios occurred on January 1, 2007 - to NASCAR fans. These listeners purchased XM radios because it provided NASCAR coverage. But when Sirius acquired the rights to broadcast NASCAR events, these listeners were forced to purchase new equipment, switch their service contracts to Sirius and lose their other XM services. Had the companies complied with the FCC’s interoperable radio requirement, these satellite radio consumers would not have been forced to buy new equipment or choose other programming offers in order to retain NASCAR programming.

Both XM and Sirius were well aware of the potential that interoperability provided not only for consumers, but also for the fortunes of both companies. In settling patent litigation between the two companies in 2000, a press release on February 16, 2000 stated:
Sirius Satellite Radio and XM Satellite Radio today announced an agreement to develop a unified standard for satellite radios. The standard is expected to accelerate growth of the satellite radio category by enabling consumers to purchase one radio capable of receiving both companies' broadcasts. XM Radio and Sirius will jointly fund development of the technology and work together to proliferate the new standard by creating a service mark for satellite radio. As part of the agreement, each company will contribute its intellectual property to the initiative and have agreed to resolve any pending patent litigation.

The companies both further extolled the unified standard as good news not only for consumers but also for shareholders because they said it would increase consumer use of satellite radio services, which logically was expected to have a positive effect on both companies’ revenues. The auto buying public would find particular benefits because the companies announced that no future OEM deals (auto manufacturers) would be exclusive. This would have meant that each vehicle manufactured with an interoperable radio would allow the auto buying public the ability to chose either XM or Sirius or both depending on their personal content preferences.

None of this happened, however. Why? Why are consumers who have spent tens of millions of dollars on non-interoperable radios now faced with the future prospect of having to spend the same amount or more once XM and Sirius merge? How has the lack of interoperable radios all these years affected each company’s financials and falling share prices?

Even with the merger, it will be one or more years before the combined programming of XM and Sirius can be received. In the interim, consumers have stopped or slowed their buying of satellite radio services because of the surrounding uncertainty about when and at what price a receiver will be available that can receive the programming of the merged entity. This confusion has only exacerbated an already serious decline in both companies' valuations and their shareholders are the ones being victimized.

As a consumer and shareholder, I have been asking for answers about what happened to the FCC’s interoperability mandate and the companies’ failure to comply with it. Not only have Sirius’ and XM’s executives refused to answer, the FCC has refused to address the issue of the companies’ failure to comply with its own rule or how its refusal to do so comports with its statutory obligations to protect the public’s interests in communications services.

The companies do offer a defense. They say they only had to “design and develop” the interoperable radios… not make them available to consumers. Think of it as a government-forced and shareholder-funded science project that the companies allocated up to 25 million dollars to complete. When specifically asked about this defense, the FCC says it can’t talk about it because the matter is pending before the Commission. With all due respect, it’s been “pending” for ten years. This seems all too convenient. It permits the FCC to refuse to explain why it hasn’t enforced its own rule by its continuous failure to enforce its own rule.

It’s been nearly two years since I began to ask questions about the lack of interoperable radios. The companies have defended themselves by silence, by inconsistent, ambiguous, and self-serving statements and even in testimony before Congressional committees. Recently, Senator Brownback obtained documents that have caused him to make inquiry about the truthfulness of the testimony given by Sirius’ CEO during some of his appearances before Congressional committees.

The reason this merger has been delayed, at a grave expense to shareholders, is because the companies are not in compliance with their licensing requirements and the FCC does not have the interest to address whether or not the companies have failed to properly serve satellite consumers’ interests. But the failure of the FCC regulatory oversight is not the only problem. The Department of Justice granted its approval of this merger precisely because of the companies’ failure to comply with the FCC’s interoperability mandate. The DOJ’s rationalized that because there are no interoperable radios, the companies still use radios capable of receiving only their respective services and hence do not compete with each other. In other words, the companies having prevented competition by violating the FCC regulatory requirement, there is no competition that could be harmed by the merger and hence no antitrust concerns.

Consumers and shareholders have been and are being duped. Shareholders have lost billions of dollars in investment. Consumers have spent hundreds of millions on unnecessary hardware. Why? Because at some point, these companies converted their business plans into a concerted effort to consolidate all of the satellite radio spectrum into one company. To do this, they flaunted the interoperable mandate, negotiated the merger, created a audio entertainment market out of whole cloth and engaged a host of Washington insiders to lobby their plan before the FCC, DOJ and Congress. During the process they kept their exclusive OEM deals, spent outrageous amounts of money for exclusive content, scuttled true competition, saddled consumers with soon to be obsolete equipment and forced consumers to invest in new equipment or forego satellite radio service.

Consumers and shareholders have been cheated and the government appears to be part of the problem or at least unwilling to do anything about it. Congress should investigate. Enough is known to question the candor and credibility of the highest-ranking executives in both companies, but in particular in Sirius. A lack of candor and credibility goes to the heart of the qualifications to be a FCC licensee. Under these circumstances, for the FCC to allow XM and Sirius to consolidate their licenses when it is not clear they are fit to hold such licenses is to favor the private interests of a few executives over the public interest and a failure of the FCC to perform the duties Congress gave it.

Disclosure: Author holds a long position in SIRI
Posted by: Jose | July 11, 2008 10:13 AM

Anonymous Coward you're an Idiot.

So, basically the rest of the world now has the information that we've known for months. We're in the same spot we've been in, now it's just being reported by mainstream media.

Len "you're an Idiot."

Yes! 2 down, 1 to go until more choice, more channels! and lower prices!!!

@AC

"Additionally, Dow Jones sources say the conditions laid out in Martin's recommendation were carefully negotiated, and there may be little wiggle room for further changes."

Who gives a fuck, now! Either way, looks like no HD Radio! FUCKING GREAT! Satrad will take a few years to go bankrupt, and by that time, Chrysler, BMW, and the rest of the automakers will be installing Internet, beginnning next year. That goes without saying, that iPod integration is currently targeted at 50% and exploding:

'Fifty percent of 2007 cars offer iPod integration"

"Playlist magazine reports that about half of all new 2007 automobiles support iPod integration. Telematics Research Group calls it "the most sought after feature" for customers. This number is way up from the 12% iPod support in 2006 model year cars. You can only imagine how our Internet-addicted lifestyle (aka our "crackberry-style living") will continue to grow and develop over the next few model years. I fully expect standard in-seat video integration and wireless Internet consoles to join iPod support as standard options."

http://www.tuaw.com/2006/12/20/fifty-percent-of-2007-cars-offer-ipod-integration/

More choice? More channels? What the hell are you smoking? The merger will lead to less choice, and will dumb down both services! Goodbye niche channels!

I wonder how many of these turds in Congress even listen or subscribe to satrad?

This merger should go through now, people are tired of waiting, as if this is a decision on whether or not to take the country to war. vote yes, Miss Tate.

Yes, the FCC only mandated that Sirius and XM "design and develop" interoperable radios. The FCC did not mandate that Sirius and XM subsidize, market and allow access to these radios. Why would a company develop a product that has to be subsidized in order to be affordable and then the company may not even get a paying customer? Sounds like a lot of money to invest only to allow your customer to subscribe to another company. What is the difference between this and the cell phone carriers? Would I love to have an iPhone? Yes, but I don't want to subscribe to AT&T for my service. Sirius and XM have complied with their license agreements.

Besides, interoperable radios are all around us.

I believe that interoperable receivers are already commercially
available and this function can be made available through a firmware
update. There are numerous clues that this function is available on
the latest receivers and I have pointed these out in prior posts on
this forum. The latest evidence comes from the FCC filing submitted
by C3SR. http://www.c3sr.org/news/C3sr/Redacted-Final.pdf

This filing is unfortunately redacted because it references "Highly
Confidential" documents filed by Sirius and XM. However, if you read
this document I believe it confirms my beliefs that some of today's
receivers are capable of receiving both Sirius and XM programming.

For instance, the filing states, "Both Sirius and XM had approximately
seven full years preceding the filing of the Merger Applications to
bring interoperable receivers to market. During that period, both
failed to disclose...(REDACTED)

Later, the filing quotes a letter issued jointly from Sirius and XM
responding to a request about their progress on an interoperable
radio. The filing states, "In the Joint Letter, the Merger Parties
discussed the status of their interoperable technology by stating that
at a "minimum" a "prototype" interoperable receiver would be developed
in 2005. In fact, it appears that the Merger Parties lacked candor
because...(REDACTED)

The filing continues by stating, "C3SR can only speculate as to the
motive that Sirius and XM had in 2005 for failing to provide full
information. By the time of the merger announcement in 2007, however,
it was apparent that the companies wanted to CLAIM interoperability as
a merger-specific benefit, and thus continue to withhold information.
In this proceeding, the Merger Parties stated, "[i]n short, the
proposed merger will eliminate the final barriers to the commercial
availability of an interoperable radio. Again, this is the very
definition of a merger-specific benefit and claims to the contrary
fall flat."

The filing also stated, (Redacted)... "That Sirius and XM chose not
to reveal this information to the Commission raises a material issue
of fact with regard to this merger. The Commission should investigate
the apparent lack of candor."

The filing also has a section titled, "Contradictions Between Highly
Confidential Documents and Congressional Testimony"

Under this section the filing states, "In oral testimony before the
House Judiciary Committee's Antitrust Task Force on February 28. 2007;
the House Subcommittee on Telecommunications and the Internet on March
7, 2007; and the Senate Commerce Committee on April 17, 2007, the
Sirius CEO provided a number of justifications for the Merger Parties'
failure to make interoperable radios commercially available. In one
hearing, he justified the need to keep all 25 MHz of SDARS spectrum
until at least 2017 because of the lack of interoperable satellite
radio receivers. Significant parts of the testimony given are
inconsistent with the Highly Confidential Documents submitted to the
FCC on April 10, 2008, as detailed in Exhibit 1, attached hereto."

The entire filing references the subject of interoperable radios and
Sirius and XM's "lack of candor." I believe Sirius and XM's, along
with Mel Karmazin's history of vague statements towards interoperable
radios also lends credibility to my belief.

I have written several posts on this topic and there always seems to
be people that will not believe that there are interoperable radios
currently in the market place. If this does not convince you, just
wait until after the merger and see for yourselves.

Ignorant Elric Torkelson,

When you say "people are tired of waiting" you mean YOU are tired of waiting, and for what? higher prices? the choice of satradio companies to be taken from you? less content, less talent, and less programming? the end of the satradio industry sooner than later?

Luckly Miss Tate ignores blind, ignorant, satradio fanboy aka Melvin Alan "Mel" Karmazin's bitches.

Tristan28,

So your proving this whole idea of Melvin Alan "Mel" Karmazin's "merge" scheme. What you call "vague statements" are both anti-consumer and lies or both.

No, I am just proving that HD radio will be extinct shortly.

Yeah great but it will take another to get that vote, this whole thing is a big joke and is ruining XM a once great satellite service provider.

oh christ dont let this go through please

damm howie had to sign with sirius so they could kill xm in the end :(

First, wasn't this the guy everyone thought was the swing vote? If he's going to vote yes, this is a done deal at long last, right?

Second, to all the anonymous cowards here, remember that if either XM or Sirius went out of business you've have the exact same thing as you'd have with the merger: one satrad corporation (at the moment). So to me it's pretty much the same thing no matter how you split it, and you might as well allow the merger since in effect that's where we're going to end up anyway.

Finally, if there's one thing I've learned through this, it's that the NAB are a bunch of douchebags -- and anything that they're against, I'll be for.

So hurrah to what looks more and more like the imminent end to this interminable process.

Wow - Just one vote stands in the way of my saving a lot of money every month on satellite radio subs!!! I've already canceled 3 subs. Just two more to go and I can get rid of a lot of useless hardware.

Edgewater Joe,

" remember that if either XM or Sirius went out of business you've have the exact same thing as you'd have with the merger: one satrad corporation (at the moment). So to me it's pretty much the same thing no matter how you split it, and you might as well allow the merger since in effect that's where we're going to end up anyway."

Not quite Edgewater Joe, you for some reason don't get it either IF one satrad corporation "went out of business" they would be bought and the radio spectrum they use would be sold to another corporation (not Sirius) Making for continued direct competition in the satradio industry. Also one satradio corporation (MONOPOLY) would not control double the amount of radio spectrum they were offered at time of FCC licensing.

So NO it's not at all the same.

NO! to ignorance
NO! to Melvin Alan "Mel" Karmazin's "merge" scheme

You are confused if you think the job of the FCC is to salvage your investments or represent the public. The job of the FCC as is so well demonstrated here is to protect their personal jobs.

Tate is a cunt pure and simple... playing chicken trying not to be the tie breaker.... too late Cunty ... you're triangulated.

AC, has anybody ever told you , not to assume. If people wanted to get into satellite radio, I believe they had the chance. As far as I know, companies have goals to make money and niether of these companies have made a profit, yet.

What has happened to the Republican Party when your appointees to the FCC don't vote for a merger? What possibly can Tate be thinking? Merger is good for the consumer, good for the companies, good for the investors, good for everyone but terrestrial radio. I guess she is bought and paid for too.

Looks like we've got a NAB member on the board here folks ! Keep spewing your bs....you almost got me to take your side. I mean, who could argue with you. Why would I want my subscription price to go from $13 to $7.....I must be an idiot! Oh yeah, and those niche stations your so worried about losing.....good riddance!
And as a SIRI shareholder, the merger will be awful for me. I'd hate to see the pps of SIRI double, triple or quadruple. I dont really like making money in the stock market anyway.
Your bs is getting thick here. The ONLY people this merger will not benefit is the NAB. But you might be right. Maybe when the companies merge, they'll get rid of most of their channels and dispose of much of the on air talent and then after that, they'll raise the subscription price. That makes sense....right? Because they know that nobody will cancel their subscription when that happens...lol
You're just a NAB fool. This merger is a done deal, stop wasting your time trying to stop it with your "I already canceled 3 of my 5 subscriptions" bs. Everybody here knows you never had any subscriptions. You're just worried about the near 20 million subscribers that Sirius will have, and the potential for millions more when they offer the $7/month package. Terrestrial radio is DEAD. They're unable to develope any good programming. And even if SATRAD does fail in the long run, FM radio is doomed. Between Sirius and Ipod and internet....regular old radio doesnt stand a chance. And neither does HD radio. Thats the biggest crock O'shite ive seen in a long time. More of the same horrible radio programming, only now you can hear it in HD!! wooooooooohoooooooooooo............sign me up!! haha

Either way, there will be no XM. The delayed vote has destroyed XM. Their management threw in the towel a over a year ago when the merger was announced. If the merger is denied, XM will not survive. And when they go under, Sirius can very easily reach out to all the XM subscribers and offer them a great deal if the sign up with Sirius. It will be a breeze since the radios are already interoperable , all they'll need to do is sign up. No new hardware needed!

Bring on the vote!! The delay has only caused shareholders to lose billions of dollars in capital. Way to go FCC!! Looking out for the consumers best interest's?? You done a wonderful job a taking money out of the pockets of the consumers. And if the vote continues to be pushed back, you'll be responsible for bankrupting XM which will cause over 1000 people to lose their jobs on top of the shareholders monetary loss.

There is a lght at the end of the tunnel. Or is that a train ?

Who died and made Michael Hartlieb a pink-socked cyunt.?

well well well kids its the end of life as we know it

"Not quite Edgewater Joe, you for some reason don't get it either IF one satrad corporation "went out of business" they would be bought and the radio spectrum they use would be sold to another corporation (not Sirius) Making for continued direct competition in the satradio industry. Also one satradio corporation (MONOPOLY) would not control double the amount of radio spectrum they were offered at time of FCC licensing."

Yeah, they would be bought out by Clear Channel, mop the floor with Sirius, Sirius declares bankruptcy, and they get bought out by... A Clear Channel alt corporation.

Yay! Monopoly!

To the highly educated aonymous Cowards who are against the merger::

From the way you guys talk, you are not average consumers. Sounds to me like you are working for the NAB. That means you are not to be trusted. Why don't you just be quiet.

You can't stop progress.
If you were really smart, you would buy as many shares in both Sirius and XM then pray for a merger. That way you wouldn't have to work for your self-centered Bosses!

Do you own a radio station?

Shirley Saunders,

You are WRONG, no NAB here, can't see why they would waste their time trying to convince a bunch of ignorant satradio fanboys of the truth. Perhaps those with views other than your own are just better educated, since your investment idea's prove your ignorant.

PS Melvin Alan "Mel" Karmazin has more ties to the NAB than anyone here posting at Orbitcast. Shirley you'd do yourself a big favor taking your own advice "Why don't you just be quiet." That way you would prove yourself ignorant.

For those who think there will be less choices after a merge...

What good is choice when you have to pick between NFL or MLB? BigTen football versus NHL? The only choice you have now is whether to get one or two radios in your car and how many subscription fees do you want to pay to get a quality product? How much choice will you have when both companies go under becuase they can't afford the operating costs?

Next point...high prices?
Does anyone read about the details of the merged company? Aside from forced price freezes for three years (ample time for other technologies to enter the market), Sirius promises that your current subscription will NOT cost more. Can you trust them? Absolutely, because the FCC is going to lock down tightly on the merger agreements and force Sirius/XM to comply. Also, if the price goes up, consumers will drop their subscriptions, forcing Sirius to offer lower prices and better deals to continue operations.

Disclosure: Double Lifetime Sirius Subscriber, not a anonymous coward (Yes, I might be a bit biased). If Sirius/XM merger is approved, the NAB and friends will have a harder time convincing anyone to go back to terrestrial (terrible/testicle) radio. Already I had three friends/family pick up Sirius radio, and they love it as much as I do. Although Howard Stern was the icing on the cake, the music channels sold me. I got tired long ago of the same 30 songs all the time, with all the commercials. Regardless of which service you subscribe, all satellite listeners have already experienced all kinds of music/entertainment/talent unavailable or limited by the need to sell airtime and robust censorship regulation. Satellite service is paid for by the consumers, like HBO and Showtime is paid by those who choose to receive that programs. Why haven't the NAB television group seriously went after them by now? Members own them (Time Warner and CBS Corp.). That is why independent companies who innovate need to be shut down by the old guard. Can't have their piece (excluding the Clear Channel Deal with XM, naturally bastardized by commercials), so they have to grind out this merger, to the point it's damn near nonexistent. So I'm not going to DISCOVER anything new by changing my station everytime I enter a different region any time the AM/ FM/HD station drops out. When I entertain friends, I don't need to make complicated playlists on my iPod, I just tune in to what they like. Chances are good that I like their music as well. With stations with many decent formats that have been aborted just to make a buck elsewhere, TERRESTRIAL RADIO IS DEAD in my eyes. Even when I make quick trips, I have to bring my iPod/satellite radio with me to avoid the same 30 songs. Male satellite users, you ever notice how it impresses the ladies? :) OK, one thanks to Clear Channel. WDVE in Pittsburgh has the comedy bits of the morning show I do like on podcast. Now I get a laugh and not have to listen to commercials/same old playlist. HA! Since you got the idea to put commercials on the podcasts now, I can edit them out if I want. Not too much trouble. We can end the debate that XM/Sirius spends too much to hire or retain talent with two words, Rush Limbaugh (Not that I'd want him on satellite or general airwaves, anyhow). Attention NAB, Georgetown Partners, bought and paid-for congresspersons, and anonymous cowards. Your schemes did not work. Try now to deliver better radio. Deliver to the people quality. Face all kinds of audible competition with ingenuity instead of a closed fist. Peace, Milo Berrios, Greensburg, PA

Isn't the service/product audio programming? Then why would it matter HOW the signal got to your radio? No one cares how their cell phone signal is transmitted, just as long as the call goes through. For all most of the subscribers know, their Sirius or XM signal could be coming from a GSM network.

Taking that further, if cheap wireless internet with streaming audio comes to your car and that wipes out all of the Sirius and XM subscribers, then wouldn't that clearly be competition?

Hey isn’t this funny? Look what happens when you use google trends to look up the site that Anonymous Douchebag keeps spamming us with. Didn’t that asshole AC claim huge increase of traffic to the spam links? Further proof that AC is a lying sack of shit

“Your terms - www.hdradio.com - do not have enough search volume to show graphs.”

http://www.google.com/trends?q=www.hdradio.com&ctab=0&geo=all&date=all&sort=0

But if you try www.sirius.com or www.xmradio.com they both come back with results. More proof that people couldn’t care less about (H)ardly (D)ifferent radio no matter how free it is. On the other hand both pay services garner enough attention to generate data.

FILED VIA ECFS

July 4, 2007

Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, SW
Washington, D.C. 20554

Re: Consolidated Application for Authority toTransfer Control of
XM Radio Inc. and Sirius Satellite Radio Inc.
MB Docket No. 07-57

Dear Ms. Dortch:

In an attempt to provide clarity on the Interoperable Mandate, I respectfully submit for your consideration the following:

Dual Mode Radios include chip sets that can receive and process both sets of signals (one from Sirius Satellite Radio and Terrestrial Repeaters and one from XM Satellite Radio and Terrestrial Repeaters) simultaneously, therefore giving consumers continuous access to ALL satellite radio channels.

Interoperable Radios include chip sets that can process signals from either Sirius Satellite Radio and Terrestrial Repeaters OR from XM Satellite Radio and Terrestrial Repeaters, but NOT BOTH simultaneously, and would require some type of switching mechanism to move between one service provider to the other (ie: switching from AM to FM – you can only access AM channels when you are switched to the AM mode and you can only access FM channels when you are switched to the FM mode). I have been told this could be achieved via a firmware update from the satellites to the receivers.

It is important for the Commission to understand the details of these definitions as they are at the heart of the arguments being raised by parties that oppose the merger.

In a recently submitted Engineering Statement Prepared on Behalf of the National Association of Broadcasters, it is suggested that satellite radio companies cannot be trusted as they have failed to meet the F.C.C. mandated interoperable obligations. It is also suggested that the companies will not be able to deliver on their promises to provide additional and diverse channels (ie: multi-cultural, multi-lingual and/or educational programming). With the current hierarchical compression, they argue that it is not possible to add any meaningful programming without degradation of sound quality. The argument is that the companies will not have the spectrum and/or channels available and that additional content and channels would have to be added on a one-for-one basis; meaning, as one channel is added one channel must be removed.

With all due respect to the N.A.B. and Mr. Dennis Wallace (the preparer of said report), I believe they are being misinformed and/or disingenuous. In speaking with Mr. Wallace, and discussing the conclusion of his report, he confirmed to me that current production receivers ARE capable of receiving EITHER service from XM Satellite Radio OR Sirius Satellite Radio, but not both simultaneously. I ask you to please review the conclusion portion of the Engineering Statement dated March 16, 2007:

Conclusions:
It is not possible for the current production satellite receivers to simultaneously (emphasis added) receive both the XM and Sirius signals. In order for consumers to simultaneously (emphasis added) receive the signals of both providers, they would need new (emphasis added) interoperable radios or need to purchase two separate current production receivers. A merger of XM and Sirius would not change the technical parameters or implementations of their respective SDARS systems. Consumers would still not be able to receive the signals of both SDARS providers without buying a new (emphasis added) interoperable radio, or by using two radios simultaneously, one for Sirius, and one for XM. Progress on the design and implementation of a new (emphasis added) unified and interoperable radio has been slow and still has not yielded any commercially (emphasis added) available receivers. The joint venture of XM and Sirius has been ongoing for over seven years and still has not produced the interoperable radio as required by FCC Rules. This fact may indicate the complexities of design and costs are difficult challenges to resolve. The FCC rules
9 Ibid.

I agree with the conclusion as it is factually correct, however, I ask the Commission to please note the use of qualifying words (ie: simultaneously, new, commercially) and read the above again without the qualifying words which have been placed to mislead and confuse this issue. I hope the Commission can see through this rather transparent attempt to obscure the truth: interoperable radios do exist as is supported by the March 14, 2005 letter authored by Patrick L. Donnelly of Sirius Satellite Radio and William Bailey of XM Satellite Radio where they jointly “reconfirm their compliance with Section 25.114(a)(3)(ii) of the Commissions rules by including interoperable radios in their respective system design”. The Engineering Statement seems to conveniently avoid any reference to the companies’ reconfirmation of their compliance with the Interoperable Mandate.

I believe Sirius and XM have contributed to the confusion surrounding the capabilities of current receivers on the market. In their letter of March 14, 2005, Sirius and XM state that they “are optimistic that, at a minimum, a prototype for this type (emphasis added) of interoperable radio (ie: a receiver using a common antenna, a common RF Tuner, and two baseband modules, one for XM and one for Sirius). I ask the Commission to notice that they are qualifying which type of interoperable radio they reference.

On July 2, 2007, Mel Karmazin, in an exclusive interview with TWICE stated:
Karmazin : The opportunity exists for us to commercially (emphasis added) market an interoperable radio. Right now we have developed it. There's one in my office right now, which is an interoperable radio, which is a receiver that in essence has an XM component and a Sirius component sort of Velcro-ed together. So we developed that, and one of the things that we have the opportunity to do is to market it into retail stores as an interoperable radio, one (NASDAQ:ROIA) that would be priced attractively and be able to get the consumer both services. A radio that gets the best of both services is sort of attractive and again enables the two companies to not water each other down but to have a stronger service while competing with all of these other technologies.
I ask the Commission to please note the use of the qualifying word, commercially, and read the above again without the qualifying word. I would argue there is no need to use the word “commercially” other than to confuse the issue. It is my opinion that interoperable radios have already been “marketed” through O.E.M. channels without the consumer’s knowledge and that these receivers could not be “commercially” marketed due to the following reasons:
• the companies have not agreed to enable the interoperability function (via a firmware update)
• the F.C.C. has failed to enforce the mandate to require the companies to do so
• the companies may not have the proper certification from the F.C.C. to do so
• and due to the exclusive and exclusionary contracts with the O.E.M.’s by Sirius and XM

The following excerpt is quoted from Interoperable Technologies, LLC which is the joint venture owned by Sirius and XM:
It is acknowledged that SIRIUS, XM and their manufacturing partners already (emphasis added) produce receivers that permit end users to access all Satellite Digital Audio Radio systems in compliance with FCC interoperability (emphasis added) obligations. Furthermore, there currently is no assurance that the XM or Sirius manufacturing partners will build dual-mode (emphasis added) radios, that they will be cost competitive, or that any significant market for dual-mode (emphasis added) radios will develop. Even so, Interoperable Technologies stands to develop the opportunity for dual-mode (emphasis added) satellite radio technology.
It is my opinion that this reconfirms my position of interoperable radios being manufactured but not yet being made available “commercially” to the public. Please note after they acknowledge “that SIRIUS, XM and their manufacturing partners already (emphasis added) produce receivers that permit end users to access all Satellite Digital Audio Radio systems…” they seem to contradict themselves by saying “Furthermore, there currently is no assurance that the XM or Sirius manufacturing partners will build dual-mode (emphasis added) radios... or that any significant market for dual-mode (emphasis added) radios will develop.” As you can see from the prior definitions of “Interoperable” and “Dual Mode”, they are not one and the same.
Based on the aforementioned observations, it is apparent that the F.C.C. must provide clarity on the lack of enforcement, compliance and implementation of their Interoperable Mandate. The Media Bureau and the International Bureau are unsure whether or not the companies are in compliance or in violation of the Interoperable Mandate. The Bureaus have forwarded my Petition for Declaratory Ruling to the Enforcement Bureau for review as to the companies’ status of compliance. It troubles me that in the middle of a major transaction the public is being asked to comment on a proceeding rife with confusion even at the Regulatory level.
Respectfully ,
Michael Hartleib

CC:
The Honorable Chairman Kevin J Martin
The Honorable Michael Copps
The Honorable Jonathan Adelstein
The Honorable Deborah Taylor Tate
The Honorable Robert McDowell
Thomas O. Barnett

Hartleib, what exactly is your agenda here? You claim to support the merger yet seem hell bent on delaying its approval. Are you so stupid as not to realize every day this merger gets delayed, the closer these companies get to filing bankruptcy? Or is it that you are an obsessive-compulsive attention whore who simply can't help himself and gets off filing frivolous motions on behalf of people who don't want your help. The vast majority of satellite radio subscribers and shareholders support this merger. DO YOU GET IT??? Do whatever your twisted mind desires, just stop claiming you are doing it on behalf of Sirius subscribers or shareholders!

LOL!!! HD Radio is so lame, it can't even beat Orbitcast's traffic!!!

http://tinyurl.com/6amyya

I thought all those HD Radio commercials were supposed to be helpfuly? STFU you little "HD" Radio cunt with your "merge" monopoly "scheme" you fat little "faggot."

AC....Isn't this going to be sweet! Toodles NAB goof!

Explain to me why it would help the consumer to have an interoperable radio. Is it so the consumer could have a subscription to both satellite companies at the same time? Is it so if you get tired of one service, you can switch to the other without buying another receiver? I don't see how this really benefits the consumer without a merger. As a cost basis, maintaining two subscriptions would cost $26. With the merger, the cost seems to be way below that. Also, just judging from the small sample of people who have satellite radio, no one ever went to me and said "damn, I wish my receiver could get both XM and Sirius". People seem very loyal to their brand, so I would have to imagine that there isn't much demand in the retail market for this. There may be more demand in the car market, but still, if my car was installed with an XM receiver and I wanted Sirius, I would go to the retail market and buy a $20 receiver. You would probably argue that the consumer should not have to do this, however, I wish my xbox could play playstation games, I wish my HDDvD player could play blu ray, I wish my Vista computer supported Mac OS X and I also wish my beta max played VHS. To me and everyone else I speak with, not a big deal and certainly not something that I would want to stop a merger over. I love satellite radio. I love the idea of 1 subscription for all sports. I love the idea of A La Carte packages. Please give me A La Carte on cable and I would be a happy man. See you later Lifetime! Ultimately, the FCC should listen to the consumers and not the special interest groups. Hopefully this gets done sometime in my lifetime.

Anonymous Coward you're an Idiot.

Never, never put an indecisive woman in a position of power.

510 days later, she's on vacation, unable to decide, and failing to offer a counter.
A political and useless cunt wanting the power, but not the responsibility.

so if i ship my apples to market via boat, and my competitor ships his apples via airplane, are we not selling apples nonetheless? siri/xm ship their product (audio content) via satellite, while terrestrial radio ships its product (audio content) via RF....in the end are they both not providing audio content?
then we get the questions of HD radio and local broadcasts, and now GTP is whining about video. whats next, NAB and GTP complain about data services too. oh, but if you put HD chips in your sat. receivers then were ok, as long as ?????? pays for it. NAB, terrestrial radio and all their paid for groups that are against the merger are not against the merger because it is a monopoly, but they are against it because it will become a more powerful competitor.... WHO WILL CONTINUE TO PAY ARTISTS FOR THEIR WORK.......UNLIKE TERRESTRIAL RADIO.....who airs artists' music (FOR FREE), charges advertisers BIG BIG $$$$$$ AND in return, the artist who provide the music get NOTHING!!!!

THAT IS THE SYSTEM THAT THE NAB AND TERRESTRIAL RADIO OWNERS WANT. I SAY MAKE THEM PAY THE ARTISTS. MAKE THEM PLAY BETTER MUSIC. MAKE THEM MORE COMPETITIVE AND LET SIRI/XM SHOW THEM HOW IT IS TRULY DONE!!!

COMPETITION is EVERYWHERE now when it comes to AUDIO CONTENT (the end product). iPODS, MP3 PLAYERS, cd players, boom boxes, hd radio, vinyl is even coming back, zune, slacker, iTUNES, napster, and a host of other new entities looking to provide what??? AUDIO CONTENT!!!! DUH.

SIRIUS AND XM ARE NOT GOING TO BECOME THE ONLY PROVIDERS OF AUDIO CONTENT, just like wholefoods and wild oats are NOT the only providers of organic foods (that is why they were allowed to merge).

Well said " a efen"

Look what happens when you use google trends to look up the site that Anonymous Douchebag keeps spamming us with. Didn’t that asshole AC claim huge increase of traffic to the spam links? Further proof that AC is a lying sack of shit

“Your terms - www.hdradio.com - do not have enough search volume to show graphs.”

http://www.google.com/trends?q=www.hdradio.com&ctab=0&geo=all&date=all&sort=0

But if you try www.sirius.com or www.xmradio.com they both come back with results. More proof that people couldn’t care less about (H)ardly (D)ifferent radio no matter how free it is. On the other hand both pay services garner enough attention to generate data.

SAVE O&A and Steve C!!!

SAVE Ron & Fez and Black Earl!!!

SAVE XM AS WE KNOW IT BEFORE ITS GONE FOREVER!!!

Yes, the FCC only mandated that Sirius and XM "design and develop" interoperable radios. The FCC did not mandate that Sirius and XM subsidize, market and allow access to these radios. Why would a company develop a product that has to be subsidized in order to be affordable and then the company may not even get a paying customer? Sounds like a lot of money to invest only to allow your customer to subscribe to another company.

LOL!! It's so easy to justify a WRONG position when you don't even know the FACTS. This all gets back to the concept that people believe WHAT THEY WANT TO BELIEVE,not the actual FACTS.

The FCC mandated the (exact wording here) " the final receiver design" would allow interoperability between the two services.

Both companies claim in their legal filings that the rule states that they were required to provide a final receiver design "

Here is the wording from XM's 10-K.

The FCC conditioned our license on certification by us that our final receiver design is interoperable with the final receiver design of the other licensee, Sirius Radio, which uses a different transmission technology than we use. We have previously certified and reconfirmed that we comply with this obligation. Although we believe that we are currently in compliance, the FCC has not expressly acknowledged our compliance. We have signed an agreement with Sirius Radio to develop a common receiver platform combining the companies’ proprietary chipsets, but we have not completed final design of an operational radio using this platform. If the FCC were to interpret the interoperability requirement in a manner that mandates a particular radio design, complying with this requirement could make the radios more difficult and costly to manufacture.

The FCC is not in the business to burden companies with shareholder financed "science projects" and "technology exhibits". The "spirit of the law" is crystal clear. And the rules were set in place for the "publics Interest". These two companies acted in collusion to prevent the deployment of the "public interest" aspects of the FCC's requirements.

The two companies instead decided to "interpret" the rule as they saw fit. And have acted against the public interest in doing so. So yes, the commercial deployment of interoperable radios was clearly the "intent" of the rule.

But, to justify their position. The two companies claim, in unison, that they could not commercially deploy interoperable because the two companies chose, (due to competitive reasons between the two companies) to subsidize the radios, and therefor could not possibly subsidize a radio that could then be activated on a competitors service.

¿¿¿¿¿¿¿¿¿¿¿

This argument doesn't hold a drop of water. Because if this was so. Then consumers would never receive a completely subsidized cell phone from a cell phone provider.

I have a free phone that I got from TMobile. It was fully subsidized by TMobile, yet the phone is interoperable with ATT's network. So how can TMobile subsidize an interoperable phone which can be used on a competitors network?? Because, they require a contract term for a given length of time, at a given price point that guarantees the recovery of their subsidy and CPGA expenses over the term of the contract.

This isn't rocket science, this is how subscriber models work.

As a matter of fact.. I can walk down to Best Buy and purchase a radio off the shelf that has a subsidy applied by either XM or Siriius to the manufacture. I can walk to the cash register and pay the discounted subsidized amount for the radio, and then walk outside. Smash it with a sledge hammer and toss it into the dumpster.

The service provider paid a subsidy on the radio, but never got a dime in revenue.

You see, the competitive forces have required the two companies to offer subsidies on user terminals available at retail without the requirement of a contract. When the two companies merge. That competitive force goes away. So do the subsidies. So prices go up to the consumer.

The same thing goes for a la carte radios. A subscriber will be required to buy a NEW RADIO to acquire "a la carte" services. And that will be a completely unsubsidized radio. So the consumer will have a choice at receiving a lower cost programming package, but will have to spend hundreds more on a radio to receive them. Sorry folks, there is no consumer benefit in that scenario either.

Most the readers of this "shill site" don't really care. However, there are some like Michael Hartlieb whom understand the travisty that has taken place against the consumer in this matter and even though having a financial interest in the companies, is not willing to compromise his "personal integrity" in the proceedings. Those remaining are willing to sell their own "personal integrity" down the toilet for a couple of dollars in their back pockets.

For those, I can tell you that Karma is a bitch!! Just pull up a stock quote to see how it works.

And so it goes,
PCSTEL

I didn't expect to post this here, but I see it may be fitting...

http://siriusnewsrumors.blogspot.com/

Interoperable Radios and Executive Candor, a look back.
All this talk of interoperability and lack of candor has really got me upset. As a shareholder, I am concerned. So I decided to look into the company's annual reports dating back to 2003, when I first invested in sirius stock. These reports are for investors. They are filled with all the facts an investor needs to decide to buy, sell or hold. Making the right choice is up to the individual. There have been allegations of wrong-doing by many organizations with regard to this issue. The facts do not support their argument.

The 2003 annual report states: "On February 16, 2000, we signed an agreement with XM Radio, the holder of the other FCC license to provide a satellite-based digital audio radio service, to develop a unified standard for satellite radios to enable consumers to purchase one radio capable of receiving both SIRIUS and XM Radio's services. We expect the unified standard to detail the technology to be employed by manufacturers of such dual-mode radios. The technology relating to this unified standard will be jointly developed, funded and owned by the two companies. In addition, we are working with XM Radio to promote adoption of the new standard by creating a service mark for satellite radio. This unified standard is also intended to meet FCC rules that require interoperability of both licensed satellite radio systems. We anticipate that it will take several years to develop radios capable of receiving both services.

Similar wording appears in 2004. "to be employed by manufacturers" this means built, marketed and sold by radio manufacturers. Not Sirius. Not xm. Acknowledgement is made that it will be several years before interoperability is realized.

In 2005, the annual report states the following: We believe that this agreement, and our efforts with XM Radio to develop this unified standard for satellite radios, satisfies the interoperability condition contained in our FCC license, although the FCC has not addressed this issue. We notified the FCC of this agreement in 2000, and asked the FCC to concur that our efforts to develop this unified standard satisfied the conditions to our license. In January 2005, the FCC asked us and XM Radio to provide a written update regarding the status of developing interoperable receivers and the time frame for making interoperable receivers available to the public. We are in the process of preparing a response to this request.

Which brings us to the 2006 annual report, in which sirius states : "...We expect the unified standard to detail the technology to be employed by manufacturers of such dual-mode radios, although we have no assurances that any manufacturer will build, or that a market will develop, for such dual-mode radios....In 2005, we substantially completed the design of a radio capable of receiving both services.

As far as this investor is concerned....VOILA! FCC mandate met! The 2007 and 2008 annual reports go on to state that the company believes the mandate to have been acheived. Here's the monkey wrench in all of it. The lack of candor seems to be pointing at Mel Karmazin.

Now mel started in november 2004 so for all intents and purposes, he really began in 2005. Sometime in 2005 they completed the interoperable radio as reported in the 2006 annual report. Sirius announced the merger with xm in febuary of 2007. Meetings would have been going on since 2006. So Mel Karmazin had about a 1 year window to get this interoperable radio on the market assuming you believe that it was his responsibility. It was not. Sirius met their responsibility to the FCC and to shareholders.

For those of us who have been around a while, we understand that the launch of satellite radio was not an easy task. Money was the first problem. The second was not enough chipsets available in the beginning years which created a shortage of radios. Demand outstripped supply. This is an overlooked fact. The companies couldn't get enough radios on the shelves to meet demand, much less finance the production of radios that might never have gotten them a single subscriber. The question we all asked ourselves each Christmas was "are there going to be enough radios?" As I stated....the mandate was met.

Back to Mel for a moment. When he took over the reigns of sirius he had a resonsibility to shareholders. Joseph Clayton, the former CEO was a spendthrift who would issue more and more shares on a whim...you always knew when a mega Stern type deal was coming! Mels priority, and rightfully so, was to trim the fat....something various members of Congress could learn from. Under Mel, sirius has cut costs and increased revenue. No one complained when he under promised and over delivered by beating street expectations.

Now a farce has been created to destroy the merger, claiming it was the companies responsibility themselves to deploy interoperable radios. I would much rather as an investor see profitability before interoperability. I think most investors would agree. The companies have acted in good faith to the FCC and the shareholders. It's time the FCC put an end to the nonsense and approve the merger.

We knew that Karmazin was lying from the get-go--I fear that Gary Parsons (XM) was too. They are now trying to split hairs on the interoperable radio, by saying, "Oh, we just had to build it--we didn't have to actually put it out to the public (paraphrasing)."

Well...then why would you build a radio if you weren't going to make it available?

The whole thing stinks...glad to see Brownback is going after the Little Napolean, but do you think he'll actually investigate, even bring charges of perjury against Mel and his ilk?

My guess is no.

The interoperable radio thing has been talked about for years; I do believe it's being worked on, but when the hell is it gonna be ready? And you know...everyone's gonna have to fork over the cash for a new radio, and the other will be worthless.

And don't think for one minute that you won't pay more for service...you will.

It is so sad...both companies have a lot to offer, and the competition would only make both companies better. But no, cut the costs, cut the competition, and soak the consumer for all it's worth...ain't that the American Way?

Never, never put an indecisive woman in a position of power

Itwas a man in charge of this procedure and men at the NAB who led the opposition. Last time I checked Chester Davenport was a man too. Moron.

Black dog...in a different industry i might agree with what your saying. But they are still competing with so much out there. Now with a merged company they will have the oppurtunity to do more much faster, and cheaper. If they didnt merge they wouldn;t get anything done. Think of all the content you will have now under one subscription. Yea you will lose some dj;s but the sports, and personalities are all their. Not to to mention having 5 satellite instead of just 2. Better coverage and service as well.

I don't think these people realize that they are playing with fire after 18 months. They must be absolutely oblivious to the anger in the community. I can't imagine what would occur if there was a denial after keeping these poor companies on the hook for 18-19 months.....while they whack off.... but I'll tell you, it wouldn't be pretty IMHO.

Just think.... five Judge Ito's trying to make one decision... now that's funny.

Dismantle the FCC after this. Martin sold then to Congress years ago anyhow.

Federal Congressional Commission -John Kerry Chairman - Kevin Martin -Head Toady
Deb Tate - Token Indecisive Blond Woman - John "Pick me" Adlestein - Commissioner Wannabe - Mike "GET OFF MY LAWN!!" Copps - Town Grump - Bob McDowell - Normal - Sane one.

maybe howard could have the commissioners out to his hamptons compound to swing that last vote.beth could have dinner delivered,howard could regale' them with stories of all the inventions edison stole from him,robin could say ooooooh howard,artie would say you did invent that dude,gary could say edisons calling all the time to get on and fred woukd say nothing.

ron and fez noon to three

0.0

Mat,

Must you prove your ignorance with every post?

The Federal Communications Commission (FCC) is an independent United States government agency. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.

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.

As the chief executive officer of the Commission, the Chairman delegates management and administrative responsibility to the Managing Director. The Commissioners supervise all FCC activities, delegating responsibilities to staff units and Bureaus.

The "anti-merger" Anonymous Cowards here should be ashamed of themselves -- I've seen everything from insults of intelligence and fourth-grade taunts to "she's a woman and all of THEM are indecisive" responses in this string.

What that tells me is, you all got nothin' and you can't admit it or are just really, really bitter about this whole thing.

Sad, really.

Have you all tried getting hobbies?

" It was a man in charge of this procedure and men at the NAB who led the opposition. Last time I checked Chester Davenport was a man too. Moron. "

.....spoken like a real woman... late and wrong.

---

Had Tate been able to make a "man like" decision, or state her thoughts/needs with clarity (once again like a man and not a wuss) there would be no Davenport and little NAB. Martin was forced to "pussy" foot (which is called Pussy foot for reasons I'll not explain, but are exemplified here) due to Tate's lack of commitment or voice.

Women should only be allowed in roles that have no urgency and roles that need no firm decision. Here's a 5 Billion dollar example of what happen when they are expected to perform in a timely manner.....well... um.... I'm not sure... I have concerns.... Um.... maybe.

Men don't take a fucking vacation when issues are at hand for Chrissakes. Look around you, do you think Corporations are 98% run by males for a reason. males aren't wishy-washy. Males don't leave doors open for complainers for 18 months.

THIS is the reason.

Why is it that the NAB who said satellite WASN'T competition is so hell bent on stopping this merger and trying to put down satrad every time they get the chance?

Why do they even care?

I love the medium of radio. I grew up loving FM/AM radio.

But I don't have to describe what it has become. The day satrad was started, it was something that I had been wishing and hoping for years.

And even if they merge, and some of the stations are blended, etc, there will still be genres and deeper playlist than anything FM/AM can provide, along with no commercials.

Anonymous Coward, I'm glad you're on this board posting 20 times a day. Keeps a twisted fuck like you off the streets...

To the person who thinks Anonymous Coward is an idiot: I'm glad I'm on this board posting 20 times a day. Keeps a twisted fuck like me off the streets...

The only thing that keeps you off the street is when you're turning tricks

To the person who thinks AC LUV'S IT IN THE REHR: "The only thing that keeps YOU off the streets is when YOU'RE turning trucks."

PCSTEL wrote:
The same thing goes for a la carte radios. A subscriber will be required to buy a NEW RADIO to acquire "a la carte" services. And that will be a completely unsubsidized radio. So the consumer will have a choice at receiving a lower cost programming package, but will have to spend hundreds more on a radio to receive them. Sorry folks, there is no consumer benefit in that scenario either.

Why do you believe a subscriber will have to purchase a new radio to obtain a la carte services?

Tate ,get your ass in the office monday morning,sip your coffee,read the paper and post your vote to Kevin.That it ,nice and easy,vote yes or no,don't try to add any more condition on to the deal..

AC RULZ!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!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Get one service or both , and piggy-back on somebody's family plan for 6.99 .

Why do you believe a subscriber will have to purchase a new radio to obtain a la carte services?

Because it is not in their best interest to do so.

It's just like the "interoperable radio mandate". Sure they agreed to the requirement as part of their bid for a license. But, then they just decided that it didn't make business sense. So they chose to "interpret" the wording of the rules to suit their needs.

Most times, future behavior is indicative of past behavior. So sure they will agree to provide lower cost 'a la carte' service packages as part of their "concessions" as a merge to monopoly. But, that concession doesn't stipulate that they have to make it easy for a subscriber to obtain. Look, the fixed costs of maintaining a subscriber doesn't change much at all between a full service package, and a 'a la carte' package. Content costs, and or royalty payments do not change that drastically. Customer Service, billing, retention costs are not impacted at all..

So, just as with the interoperable mandate. The company will simply interpret the requirement as they desire and based on the financial impact on the company.

Hint: If they can't make money at $13 a month, then they sure can't make money at $6 a month on the primary subscription. So the company has no financial incentive to actually allow 'a la carte' programming on a full subscription radio. They will simply claim that current radios are not capable of programming 'a la carte' services.

So that means that a new generation of radio WILL support 'a la carte services' in a year or so.

But, this takes us back to "interoperable radio mandate". The company decided that it was not in their best financial interest to actually market an interoperable radio at the time, and claim that the rules do not require commercial deployment.

So the company will simply claim that they can not subsidize a 'a la carte' radio because of the lower ARPU generated by the receiver. So the 'a la carte' capable receiver will be more expensive (on the order of hundreds of dollars in my opinion) and have fewer feature sets that a subsidized full feature radio that can only receive full feature programming.

So while the monthly cost of a service package may only be $6. The total overall cost to the consumer is more than a subsidized radio at the $13 price point.

So in this case. It actually becomes a "price increase" to the consumer, and discourages the consumer from opting for 'a la carte' service packages all together.

So in the end. The company has "complied" with the rule as they interpret it. But, the public interest aspect of the rule has been removed.

This is why the companies previous behavior in regard to previous promises and commitments is so crucial to this proceeding. Because it is a direct indication on the companies intent as to future compliance on the new promises and or requirements associated with this merger.

And so it goes,
PCSTEL

AC is a twisted fuck, RULZ ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

AC, we get it. You can't get laid. Have fun jacking off to your David Beckam poster.

"To the person who thinks AC LUV'S IT IN THE REHR: "The only thing that keeps YOU off the streets is when YOU'RE turning trucks."
Posted by: Anonymous Coward | July 13, 2008 4:34 AM"

Thats Pocketradio using yet another name to post his fear and desperation with.

Pocketradio TROLL
Pocketradio DEBUNKED

Hey PCSTEL, do you and Anonymous Retard get paid by the post or by the paragraph, cause you guys sure love blathering on...and on...and on... Get your head outta your ass for a minute - do you really think the merged company will have a special set of radios manufactured that can only be employed for ala carte plans and nothing else, just so they can lure new customers in with over-priced radios? What if an ala carte customer wants to upgrade to a higher plan? Buy a new radio? Perhaps you think they'll be putting out a different radio for each plan?

Sure hope ALL FCC Commissioner's including FCC Commissioner Deborah Taylor Tate take a few minutes each day to look though all the ignorance being posted and that coupled with the real facts rule to stop Melvin Alan "Mel" Karmazin's "merge" scheme. Not only that, but hope the FCC goes one extra step further to thank Melvin Alan "Mel" Karmazin for pushing his illegal "merge" scheme and thanks him for current and past ignoring of FCC agreements and have the FCC Enforcement Bureau pull both xm's and sirius's operating licenses, making way for more than two new satradio companies to compete direclty while complying with FCC licenses and agreements.

NO! to ignorance
NO! to Melvin Alan "Mel" Karmazin "merge" MONOPOLY scheme

"Hey PCSTEL, do you and Anonymous Retard get paid by the post or by the paragraph, cause you guys sure love blathering on...and on...and on... Get your head outta your ass for a minute - do you really think the merged company will have a special set of radios manufactured that can only be employed for ala carte plans and nothing else, just so they can lure new customers in with over-priced radios? What if an ala carte customer wants to upgrade to a higher plan? Buy a new radio? Perhaps you think they'll be putting out a different radio for each plan?
Posted by: PCSTEL is an idiot and he knows it | July 13, 2008 12:28 PM"

Rude, crude, blind and ignorant with a reading comprehension problem too? Don't see where PCSTEL said the above, but know you'd learn something if you learn to read the truth PCSTEL posts.

"Story by Michael Hartlieb. I defy anyone on this board to poke any holes is in it...
The 'Real' Story Behind the XM/Sirius Merger
by: Michael Hartleib posted on: July 11, 2008 |
I am both a satellite radio listener (consumer) and a major shareholder in Sirius (SIRI). As an investor, I have studied the technology and closely followed Sirius’ operations and those of XM Satellite Radio (XMSR) - its only competitor."

Holes in the first paragraph.
1)151,000 shares of Sirius' does not make Hartleib a major shareholder. Look it up.
2) XM is not Sirius' ONLY competitor. The DOJ established that 4 months ago.

Didn't bother reading the rest of it.

We know you're "rude, crude, blind and ignorant with a reading comprehension problem too."
It explains why you "don't see where PCSTEL said the above, but know you'd learn something if you learn to read the truth PCSTEL posts.

FINALLY A RADIOMAN WHO SPEAKS THE TRUTH IN A TRADE MAGAZINE
Richard Harker is President of Harker Research, a company providing a wide range of research services to radio stations in North America and Europe. Twenty-years of research experience combined with Richard's 15 years as a programmer and general manager
“Last Fall Ken Dardis, author of the Audio Graphics blog, wrote, “Either the radio industry is going to start delivering on what’s promised: HD Radios available in stores, and truly unique programming which gets people talking or the public is going to pick up on these false statements.” A year later it seems his prediction has come true. What buzz HD Radio has ranges from mildly tepid to strongly negative. And mostly true. There are serious issues of coverage. Early adopters who bought HD radios report serious drop-outs, poor coverage, and interference. The engineers of Ibiquity may argue otherwise and defend the system, but the industry has a serious PR problem with the very people we need to get the word out on HD”.
“It doesn’t look good for HD Radio. Supporters of HD Radio will say that marketing will turn things around. Once people realize the benefits of HD Radio, they will buy the radios. Let’s not forget that nothing kills a bad product faster than good marketing. The word has already gotten out about HD Radio. People who have already bought an HD Radio are telling others of their experience (mostly bad) and no amount of marketing will reverse this”.
“ I also have to wonder about the investment that radio stations are making in HD Radio. Budgets are tight. Marketing and research dollars are in short supply. Maybe the declines in listening levels are not just a result of growing competition. Maybe listeners are abandoning radio because the product isn’t as innovative and isn’t as good as it used to be. Our research suggests that radio’s poor image has much more to do with the product than our technology. Wouldn’t the money being spent in supporting HD Radio (to which virtually no one is listening) be better spent on the things that will have a real impact”?

http://www.fmqb.com/article.asp?id=487772

FMQB (Friday Morning Quarterback) recently celebrated its 40th anniversary of serving the music and radio industries with high quality unique content, insight articles and news. Founded in 1968 by Owner/Publisher/Radio-TV personality Kal Rudman, FMQB has established itself as the premiere destination for music and radio industry professionals.

Are there any published statistics on the percentage of satellite radio subscribers that support the merger?

Hartleib is smoking his lunch,

Your a complete fool if you buy for a second the DOJ's onclusion that xm and sirius are not direct competitor's and that they don't compete. The DOJ was wrong, rubber stamped it and dropped it in the FCC's lap. Michael Hartleib is correct and by chosing not read the rest of his post just proves the fact you'd rather be blind, and ignorant than know whats right and the truth. Just because the DOJ was feed a bunch of spin and screwed up doesn't give you a green light to be proud to be ignorant.

“The Division’s investigation indicated that the parties are not likely to compete with respect to many segments of the satellite radio business even in the absence of the merger. Because customers must acquire equipment that is specialized to the satellite radio service to which they subscribe, and which cannot receive the other provider’s signal, there has never been significant competition for customers who have already subscribed to one or the other service."

So xm's and Sirius's proprietary equipment (ignoring FCC agreement), and exclusive agreements with OEM both not in the consumers best interest in the first place is grounds for the DOJ to make the wrong choice that Melvin Alan "Mel" Karmazin's "merge" scheme would not make a MONOPOLY? Really? Name another satellite radio service which is available nation wide. xm and sirius complete directly with each other and is one reason why both have kept innovating and signing the best talent, content and programming they could get, it's this direct competition which has been the satradio subscribers best friend and in a way satradio's best friend. take away the direct competition we'll have higher prices, less content, less talent, less innovation. The consumer choice in satradio will be taken away and Melvin Alan "Mel" Karmazin's "merge" scheme will be the MONOPOLY Melvin Alan "Mel" Karmazin is desperate to get.

Are there any published statistics on the percentage of satellite radio subscribers that support the merger?

"The Division’s analysis considered the extent to which the two satellite radio providers compete with one another. Although the firms in the past competed to attract new subscribers, there has never been significant competition between them for customers who have already subscribed to one or the other service and purchased the requisite equipment. Also, competition for new subscribers is likely to be substantially more limited in the future than it was in the past."

"As to existing subscribers, the Division found that satellite radio equipment sold by each

"The Division’s analysis considered the extent to which the two satellite radio providers compete with one another. Although the firms in the past competed to attract new subscribers, there has never been significant competition between them for customers who have already subscribed to one or the other service and purchased the requisite equipment. Also, competition for new subscribers is likely to be substantially more limited in the future than it was in the past."

"As to existing subscribers, the Division found that satellite radio equipment sold by each

"The Division’s analysis considered the extent to which the two satellite radio providers compete with one another. Although the firms in the past competed to attract new subscribers, there has never been significant competition between them for customers who have already subscribed to one or the other service and purchased the requisite equipment. Also, competition for new subscribers is likely to be substantially more limited in the future than it was in the past."

"As to existing subscribers, the Division found that satellite radio equipment sold by each

"The Division’s analysis considered the extent to which the two satellite radio providers compete with one another. Although the firms in the past competed to attract new subscribers, there has never been significant competition between them for customers who have already subscribed to one or the other service and purchased the requisite equipment. Also, competition for new subscribers is likely to be substantially more limited in the future than it was in the past."

"As to existing subscribers, the Division found that satellite radio equipment sold by each

"The Division’s analysis considered the extent to which the two satellite radio providers compete with one another. Although the firms in the past competed to attract new subscribers, there has never been significant competition between them for customers who have already subscribed to one or the other service and purchased the requisite equipment. Also, competition for new subscribers is likely to be substantially more limited in the future than it was in the past."

"As to existing subscribers, the Division found that satellite radio equipment sold by each

company is customized to each network and will not function with the other service. XM and Sirius made some efforts to develop an interoperable radio capable of receiving both sets of satellite signals. Depending on how such a radio would be configured, it could enable consumers to switch between providers without incurring the costs of new equipment. The Division’s investigation revealed, however, that no such interoperable radio is on the market and that such a radio likely would not be introduced in the near term. For example, in the important automotive channel, such a radio could not be introduced in the near term due to the engineering required to integrate radios into new vehicles. The need for equipment customized to each network means that in order to switch from XM to Sirius, or vice versa, a subscriber would have to purchase new equipment designed for the other service. In the case of a factory-installed car radio, switching satellite radio providers would have the additional disadvantage of requiring an aftermarket radio that would be less integrated into the vehicle’s systems. Data analyzed by the Division confirmed that subscribers rarely switch between XM and Sirius"

DOJ screwed up.

Anonymous Turd, no one disputes Sirius and XM compete against each other. But no one with an IQ of more than 3 would claim XM is Sirius' ONLY competitor. Apparently you don't know what "ONLY" means. And no, "only competitor" is not the same as 'direct competitor".
I guess you're smoking your lunch too (hopefully that illustrates the difference between YOU'RE and YOUR, since you insist on using them interchangeably)

AC and PCSTEL are Dumb and Dumberer aka HDOA RADIO aka all the other names = Pocketradio.

His fear and desperation are really getting to him as the TRUTH is coming out and he, Pocketradio is known internet wide for the TROLL and FUD he try's to spread to anyone ignorant, like himself. Everyday more and more are alerted and educated to REJECT pocketradio FUD.

Pocketradio = TROLL
Pocketradio = DEBUNKED

Hey Dumbass, here's the rest of the DOJ statement you and all your twisted, tormented blow-buddies conveniently ignore:
"The Division found that evidence developed in the investigation did not support defining a market limited to the two satellite radio firms, and similarly did not establish that the combined firm could profitably sustain an increased price to satellite radio consumers."

Finally, it added, "Any inference of a competitive concern was further limited by the fact that a number of technology platforms are under development that are likely to offer new or improved alternatives to satellite radio. Most notable is the expected introduction within several years of next-generation wireless networks capable of streaming Internet radio to mobile devices."

HD Radio broadcasting is writing the future of digital radio technology and it's the approved FCC standard for digital radio.

HD Radio technology is new. It allows digital information to be broadcast along the same channels as AM/FM radio. The system allows listeners to enjoy "CD-quality" sound and virtually eliminates the static, signal fading, and pops typical of traditional radio. The technology also provides a platform for new data services, such as song and artist information, weather services, and traffic alerts. And best of all, it's FREE for consumers.

• FM broadcasts with CD-quality sound.
• AM broadcasts with FM stereo quality.
• Broadcasts will be static-free, without pops, hiss, and signal fading.
• New data services, such as artist and song title, plus scrolling text, traffic updates, weather reports and more.
• Opportunities for entirely new services, like surround sound, multiple audio channels, store-and-replay radio, a "buy" button for music, sports, and concert tickets, and more.
• It's FREE, just like today's analog AM and FM radio.

HD Digital Radio • IT'S TIME TO UPGRADE!
HD Digital Radio. It's here. It's local. It's free. DISCOVER IT!
www.hdradio.com/

AC and PCSTEL are Dumb and Dumberer.

Our fear and desperation is really getting to us as the TRUTH is coming out and I, Anonymous Coward aka Anonymous Retard aka Anonymous Turd aka Hartleib's bitch , am becoming known internet wide for the TROLL and FUD we keep trying to spread to anyone ignorant like us. Everyday more and more are alerted and educated to REJECT hdradio FUD.

Anonymous Coward = TROLL
PCSTEL = DEBUNKED

YES TO SATRAD MERGER!

NO TO THE IBIQUITY MONOPOLY!

BOYCOTT HDRADIO FOREVER!

MAKE THE NAB PAY ROYALTIES TO RADIO PERFORMERS. RETROACTIVELY.

AC is Hartleib's bitch now,

it's not ignored, it's just DEBUNKED as incorrect. Is it the DOJ's job to make law now based on "expected" success of future technologies? Is it the DOJ's job to use a fortune teller to make policy? Guess if we come away with anything the DOJ said it is they too expect the satellite radio industry to implode with "merge" or NO! Melvin Alan "Mel" Karmazin's"merge" scheme. Perhaps their fortune teller told them satradio is "expected" to continue never making a dime and that Melvin Alan "Mel" Karmazin's "merge" scheme, desperate for government bailout has already killed the industry, pump and dump.

But you wouldn't ever be able to figure that out since your a blind, ignorant satradio fanboy who is one of Melvin Alan "Mel" Karmazin's bitches.

Educated consumers will not accept a Melvin Alan "Mel" Karmazin "merge" scheme, and we know it can be called any number of things but when the only two companies in a industry come together that "merge" is a MONOPOLY. Educated consumers will not support a MONOPOLY, the ignorant will have to wait to see proof of what a MONOPOLY will do to the satradio industry before they cancel and move on.

Add "Antubis is coming for AC" to the long list of names Pocketradio hides behind as he posts his fearful and desperate FUD. Pocketradio's desperation with his blog of FUD and ignorance all over THE FCC approved technology standard for digital radio, HD Radio. Bob Struble President and CEO of ibiquity "is coming for" Pocketradio.

Pocketradio = TROLL
Pocketradio = DEBUNKED

"Is it the DOJ's job to make law now based on "expected" success of future technologies?"
I think it's our job to have you committed.

"HD Radio - Radio for the 21st century. iBiquity Digital is the developer and licenser of HD Radio technology, which is transforming AM and FM broadcasting with vastly increased number of channels, drastically improved sound quality and an array of new data services. We are actively engaged with broadcasters; receiver, component and broadcast equipment manufacturers; automotive manufacturers; and retailers in the United States and around the world. HD Radio - the AM/FM digital radio revolution.

iBiquity Digital is committed to enabling HD Radio technology throughout the world. This remarkable technology is currently being tested in Brazil, Switzerland, Thailand and many other countries. iBiquity is diligently working with broadcasters around the globe to ensure everyone can enjoy the benefits of crystal-clear reception, more choice through multicasting and awesome new data capabilities.

More choice, crystal-clear sound, new data services. Each week more than 200 million people listen to AM and FM radio in the United States alone. Looking to tap into this huge pool of potential customers, consumer electronics manufacturers around the world are building an array of products to meet the demand for digital HD Radio.

More choice, crystal-clear sound, new data services. No car should be without it. The automotive industry is a key element in the mass market launch of HD Radio digital AM and FM broadcasting. In 2005, BMW became the first automotive OEM to offer HD Radio as a factory installed option. Today, 10 car brands representing 53 different models have committed to including HD radio receivers in their vehicles.

More choice, crystal-clear sound, new data services. Experience the HD Radio revolution! Join the HD Club.

www.hdradio.com

>>>"HD Radio - Radio for the 21st century.

It could be if it worked and decent content were available on HD Radio.

By the way, what does the letters "HD" stand for?

TESTICLE RADIO’S “ADVANCE TO THE REHR!”

Decline in Terrestrial Radio Audience
In an average week, 230 million Americans tune in to traditional radio. A large audience to be sure, but one in sharp decline from just five years ago. During the heady days of radio consolidation during the late 90s, stations increased their spot loads and promotional clutter. Listeners got annoyed, resulting in lower AQH ratings and time listening. During this same period, new on-demand devices, like MP3 players, were introduced and gained popular momentum. According to Billboard Radio Monitor, the number of ears listening [to terrestrial radio] every day has slowly slipped to about what it was in 1994. The audience of 18- to 24-year olds, a demographic particularly beloved by advertisers, has fallen nearly 22% since 1999. The sharp decline in radio advertising revenue reflects this change: In the radio expansion period of 1996-2000, total radio revenue (excluding network radio) grew 12%. Yet from 2000-2004, the increase was a meager .3%.

https://bostonglobe.com/advertiser/datacenter/datacenter.aspx?id=1404

Three tenths of a percent revenue growth in three years! No wonder Anonymous Cockgobbler is so freaked out. They can’t even pay him in used condoms and empty liquor bottles anymore.

A RADIOMAN SPEAKS THE TRUTH ABOUT HDOA IN A TRADE MAGAZINE

Richard Harker is President of Harker Research, a company providing a wide range of research services to radio stations in North America and Europe. Twenty-years of research experience combined with Richard's 15 years as a programmer and general manager

“Last Fall Ken Dardis, author of the Audio Graphics blog, wrote, “Either the radio industry is going to start delivering on what’s promised: HD Radios available in stores, and truly unique programming which gets people talking or the public is going to pick up on these false statements.” A year later it seems his prediction has come true. What buzz HD Radio has ranges from mildly tepid to strongly negative. And mostly true. There are serious issues of coverage. Early adopters who bought HD radios report serious drop-outs, poor coverage, and interference. The engineers of Ibiquity may argue otherwise and defend the system, but the industry has a serious PR problem with the very people we need to get the word out on HD”.

“It doesn’t look good for HD Radio. Supporters of HD Radio will say that marketing will turn things around. Once people realize the benefits of HD Radio, they will buy the radios. Let’s not forget that nothing kills a bad product faster than good marketing. The word has already gotten out about HD Radio. People who have already bought an HD Radio are telling others of their experience (mostly bad) and no amount of marketing will reverse this”.
“ I also have to wonder about the investment that radio stations are making in HD Radio. Budgets are tight. Marketing and research dollars are in short supply. Maybe the declines in listening levels are not just a result of growing competition. Maybe listeners are abandoning radio because the product isn’t as innovative and isn’t as good as it used to be. Our research suggests that radio’s poor image has much more to do with the product than our technology. Wouldn’t the money being spent in supporting HD Radio (to which virtually no one is listening) be better spent on the things that will have a real impact”?

http://www.fmqb.com/article.asp?id=487772

FMQB (Friday Morning Quarterback) recently celebrated its 40th anniversary of serving the music and radio industries with high quality unique content, insight articles and news. Founded in 1968 by Owner/Publisher/Radio-TV personality Kal Rudman, FMQB has established itself as the premiere destination for music and radio industry professionals.

Looks like we'll have to add .3% sonn to be 0.0% aka HDOA aka HARK WHAT FECES THROUGH YON HD RADIO MAKE aka "Antubis is coming for AC" to the long list of names Pocketradio hides behind as he posts his fearful and desperate FUD. Yet more fearful and desperate re-posts of prior DEBUNKED Pocketradio FUD, none with any truth behind them. Pocketradio's desperation of FUD and ignorance all over THE FCC approved technology standard for digital radio, HD Radio.

Pocketradio = TROLL
Pocketradio = DEBUNKED

HD radio, unlike its satellite counterpart, broadcasts over traditional airwaves and charges no monthly subscription fee

"Free tends to trump fee in almost every market," said Rob Enderle, principal analyst at Enderle Group.

"Digital radio in Europe is into its second decade but the market shows no sign of settling down. Much to everyone's surprise the American HD Radio format is now jostling for position with (big breath) DAB, DAB+, DRM, DRM+, DMB and digital terrestrial television to be the basis of new radio and multimedia services.

HD Radio's presence in Europe is small but support is growing, shown by the formation during October 2007 of the European HD Radio Alliance. The organisation intends to promote and support the rollout of HD Radio; current members include small to medium-sized commercial stations, many of them in central and eastern Europe. "

Publication: Pro Sound News Europe
Publication Date: 01-JAN-08

Pocketradio = TROLL
Pocketradio = DEBUNKED

YOUR DESPERATE ATTEMPTS TO CHANGE THE SUBJECT DOESN'T CHANGE THE TRUTH FOUND FMQB ARTICLE NOR DOES IT DEBUNK IT.

GOOGLE TRENDS SHOWS JUST HOW UNPOPULAR YOUR SPAM IS EXPLAIN THAT INSTEAD OF DEFLECTING .

With speculation anew that satellite-radio services may not make up the next great growth market, CAPS investors have sent XM back to a lowly one-star rating recently. More than 38% of CAPS investors rating the company believe it will underperform the market, new price targets are grim. the satradio fad is over, the horrid business plan coupled with Melvin Alan "Mel" Karmazin "merge" scheme based on personal greed of lining his pockets with pump and dump have taken their toll.

I know but you can't fault me for trying!

It doesn’t matter how much BULLSHIT you post to CHANGE the subject. The fact of the matter is your spam site gets no attention!!! Contrary to your past posts claiming a large increase in web traffic google trends show you are a LIER. “It went up 700% from one to seven people WOW”!
ON the other hand the technologies that people actually want www.ipod.com, www.sirius.com and ww.xmradio.com do create a buzz on google trends.
I would post something GAY like DEBUNKED but everyone knows you love it in the REHR!

does the 10 day rule apply here? i know i heard somewhere that once the first 2 votes are cast the next 2 votes must be cast within 10 days. does anyone know if this is true now that mcdowell has voted?

Add "YOU CAN RUN BUT............... " and "AC LUV'S IT IN THE REHR" to Pocketradio's list of hiding names to post his fear and desperation, with a little rude, crude and homophobic added in to prove Pocketradio's lack of character. Face the FACTS, nothing Pocketradio posts has a once of truth or fact to it. Nothing but a troll with a blog of FUD using site counters like they mean something, thats sad, fearful and desperate all at the same time, to say nothing about he desperate need to spam the net where ever he can find something posted about HD Radio. However that just lets even more educated people get to read and DEBUNK the TROLL known as Pocketradio.

Pocketradio = TROLL
Pocketradio = DEBUNKED

MJ,

I believe you mistake this with the 1000 day rule, that FCC rules allows 1000 days for each member to vote. With 5000 days allowed for careful consideration, expect a ruling sometime July 2021.

Sincerely,

K.J. Martin and The Band of Renowns.

SHUT UP YOU FUCKING HATERS THEY WILL MERGE GO LISTEN TO YOUR SHITY FREE RADIO BITCH

AC, we get it. You can't get laid. Have fun jacking off to your David Beckam poster.

Posted by: Anonymous Coward

r u talking to yourself?

A monopoly in satelite radio, is still way better than terrestrial radio.

Paul Farhi
Washington Post Staff Writer
Tuesday, July 1, 2008; 1:00 PM

The triplecast: Paul, what's your take on whether HD radio is about to subsume the XM/Sirius duopoly?
And how do you think the radio stations in this region (particularly WAMU and WETA) are doing in this realm? And might we see a D.C. sports broadcast get moved onto an HD2 or HD3 channel so that people can actually find it?

Paul Farhi: HD radio will NOT subsume anything. It's a failure, as far as I can tell (and it's sort of hard to tell, since no one seems to know how many HD radios there are out there). ONly a few stations (WAMU, for example) really promote what's on their HD channels. And not many stations are doing anything truly innovative with their second, third and fourth channels. The XM/Sirius duop (or monop, depending on the FCC) has other problems, but HD radio isn't one of them.

http://www.washingtonpost.com/wp-dyn/content/discussion/2008/06/17/DI2008061701422.html

Never send a woman to do a man's job!

" does the 10 day rule apply here? i know i heard somewhere that once the first 2 votes are cast the next 2 votes must be cast within 10 days. does anyone know if this is true now that mcdowell has voted? "

I believe the first 2 are other than the Chairman Martin, so only 1 in so far if McDowell indeed voted. Anyhow FCC doesn't even follow their own rules - there seem to be none, so I wouldn't count on anything so apecific anymore.

Tristan28 wrote:
Why do you believe a subscriber will have to purchase a new radio to obtain a la carte services?

PCSTEL wrote:
Because it is not in their best interest to do so.

This is simply text book propaganda. With this logic you might as well say the merged company would double subscription prices and make every radio obsolete because it was in their best interest. Your last name wouldn't happen to be Flynn, would it?

At present, approximately 50% of the people do not subscribe to satellite radio after the free trail period ends. I am sure some of these people did not like or use the satellite radio so it was not worth renewing at any price. However, I believe it is logical to assume a majority of these people simply felt it was not worth $12.95 per month. Sirius will benefit from the millions of subscribers that will subscribe for the a la carte pricing plan.

Your statement, "Hint: If they can't make money at $13 a month, then they sure can't make money at $6 a month on the primary subscription. So the company has no financial incentive to actually allow 'a la carte' programming on a full subscription radio. They will simply claim that current radios are not capable of programming 'a la carte' services."

According to this flawed logic Sirius will never turn a profit. It over simplifies the situation and ignores the fact that Sirius will have approximately 20 million subscribers after the merger is approved, over double their current number, never mind the synergies of the combined company.

If you were not a satellite radio subscriber, how would you feel if your choices for radio stations/channels doubled, tripled, or even quadrupled over night?

If you were the National Association of Broadcasters, how would this make you feel?

" does the 10 day rule apply here? i know i heard somewhere that once the first 2 votes are cast the next 2 votes must be cast within 10 days. does anyone know if this is true now that mcdowell has voted? "

I thought about this also and went back and found the article. It states, "The timing depends on how the first two Commissioners vote, but TRADITIONALLY, the final two Commissioners have ten days after the first two votes to make their decision."

http://www.orbitcast.com/archives/breaking-sirius-xm-merger-draft-with-fcc-has-been-circulated.html

I wouldn't say anything about this process is traditional.

Hi, can anyone tell me if there any published statistics on the percentage of satellite radio subscribers that support the merger?

looking at the fcc filings, which were made by subscribers... roughly 99%

I think I read literally about 100 comments, and a single one was opposed to the merger and did not state a reason.

Add "FUCK AC AND THE NAB" and "HDOA" and "YOU CAN RUN BUT............... " and "AC LUV'S IT IN THE REHR" to Pocketradio's list of hiding names to post his fear and desperation, with a little rude, crude and homophobic added in to prove Pocketradio's lack of character. Face the FACTS, nothing Pocketradio posts has a once of truth or fact to it. Nothing but a troll with a blog of FUD using site counters like they mean something, thats sad, fearful and desperate all at the same time, to say nothing about he desperate need to spam the net where ever he can find something posted about HD Radio. However that just lets even more educated people get to read and DEBUNK the TROLL known as Pocketradio.

Pocketradio = TROLL
Pocketradio = DEBUNKED

In an article in Tuesday's (July 3) Washington Post, Karmazin acknowledged that increased rivalry from newer technologies could threaten the future of satellite radio.

"It's not news to us that HD Radio is a competitor," Karmazin told the Post. "It may be news to regulators because they don't follow this as much as we do, but this is the market we saw when we announced our merger." (MONOPOLY scheme)

Hey if Melvin Alan "Mel" Karmazin say it it has to be true.....

Pocketradio = TROLL
Pocketradio = DEBUNKED

How convenient for Melvin Alan "Mel" Karmazin since Karmazin needs audio competitors to spin his case to the FCC that the satcasters not only compete for terrestrial radio's audience, but also with all the new stuff -- Internet radio, iPods, HD Radio -- that has come to market in the decade since Sirius and XM were awarded their $80 million-plus licenses to build their mega-billion-dollar companies. Neither of which has made a dime since the first tune bounced to earth from their iron birds.

Pocketradio = TROLL
Pocketradio = DEBUNKED

NAB boy ....i knew your supreme ignorance would return----

you post: In an article in Tuesday's (July 3) Washington Post, Karmazin acknowledged that increased rivalry from newer technologies could threaten the future of satellite radio.

----------------------------------------------------------------
i didnt know the 35 people who have HD radio could make HD radio a household name

NAB boy ....i knew your supreme ignorance would return----

you post: In an article in Tuesday's (July 3) Washington Post, Karmazin acknowledged that increased rivalry from newer technologies could threaten the future of satellite radio.

----------------------------------------------------------------
i didnt know the 35 people who have HD radio could make HD radio a household name

NAB boy ....i knew your supreme ignorance would return----

you post: In an article in Tuesday's (July 3) Washington Post, Karmazin acknowledged that increased rivalry from newer technologies could threaten the future of satellite radio.

----------------------------------------------------------------
i didnt know the 35 people who have HD radio could make HD radio a household name

NAB boy ....i knew your supreme intelligent self would return----

you post: In an article in Tuesday's (July 3) Washington Post, Karmazin acknowledged that increased rivalry from newer technologies couldn't threaten the future of satellite radio.

----------------------------------------------------------------
i didnt know the 35 people who have SAT radio could make SAT radio a household name

Add " iLL Rated" and "FUCK AC AND THE NAB" and "HDOA" and "YOU CAN RUN BUT............... " and "AC LUV'S IT IN THE REHR" to Pocketradio's list of hiding names to post his fear and desperation, with a little rude, crude and homophobic added in to prove Pocketradio's lack of character. Face the FACTS, nothing Pocketradio posts has a once of truth or fact to it. Nothing but a troll with a blog of FUD using site counters like they mean something, thats sad, fearful and desperate all at the same time, to say nothing about he desperate need to spam the net where ever he can find something posted about HD Radio. However that just lets even more educated people get to read and DEBUNK the TROLL known as Pocketradio. No reason to be so upset there Pocketradio it's your actions and only your actions only which are coming back to get you. You post FUD to try to fool the stupid like yourself and the educated around the net call you for your fear and desperate trolling DEBUNKING each and every one of your posts of ignorant FUD.

Pocketradio = TROLL
Pocketradio = DEBUNKED

Votes are IN!

Chairman Kevin Martin (R-NC) -NO- (I was just playing good cop, bad cop)
Commissioner Michael Copps (D-WI) -NO-
Commissioner Jonathan Adelstein (D-SD) -NO-
Commissioner Deborah Taylor Tate (R-TN) -NO-
Commissioner Robert M. McDowell (R-VA) -NO-

Three Republicans and two are Democrats. All are appointed by the President.