Reps from Sirius, XM met with FCC Chairman - Orbitcast

Reps from Sirius, XM met with FCC Chairman

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XM, Sirius merger

Counsel for both Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. met with top officials from the Federal Communications Commission on Wednesday, according to a recent filing with the agency.

The meeting was with FCC Chairman Kevin Martin; Daniel Gonzalez, Chairman Martin's Chief of Staff; and Michelle Carey, Chairman Martin's Senior Legal Advisor.

According to the filing, the meeting was held with the Commission to discuss action on the merger following the decision by the Department of Justice. In addition, the filing included the programming packages and proposed pricing seen here and here.

View the FCC filing after the jump...


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Filed under: Portable Audio With that little Department of Justice business out of their way , Sirius Read More

63 Comments

Let me get right to the point.

Fuck the FCC.

Any business, agency or organization that takes 14 months to act on something within their domain is simply fucking incompetent.

The FCC any government agency has the responsibly ( if they were responsible ) to act in a timely manner. The foot dragging that these imbeciles have done has damaged both companies and represents complete malfeasance.

Martin is a child who should be fired if he lacks the intelligence, balls or experience to act.

I hope commissioner Martin promplty approves the merger WITHOUT conditions, and does not make a mockery out of our justice system any further.

the post-merger alacarte deal @ $6.99 is great.

just being able to get all major league baseball games at $7 bucks a month is worth it!

plus i still get to choose 49 more stations.

Kevin Martin is a classic example of people rising to their level of least competance. The FCC has had 14 months to consider its position on this issue, and now they're acting like they haven't got a clue. They'll probably end up lumbering the merger with so many conditions it will guarrentee the eventual demise of SatRad.

As Ryan noted on his earlier post - the conditions of a la carte and interoperable radios have been offered up already. It's all coming down to whether the FCC makes them hold prices for a set amount of time and the big one - give up a piece of the spectrum.

In my opinion, let them lease 5-10% to whoever and call it a day.

FCC should BLOCK this MONOPOLY and make Sirius and xm play by the rules they agreed to when they were given their licences. The consumer should not be the one which pays for this "merger" making a MONOPOLY. Higher cost, No Choice BLOCK IT!

fuck Martin and his fuckin stupidity!!! This has been going on for so long know and has cost sirius-xm alot of money! I think the money that they both lost should come out of Martin salary!!! Approve this merger NOW!!!

If the American consumer is Martin's highest priority then approve this merger that what the people WANT!!! Not sit in ur chair sucking ur thumbs with the other idiots of the FCC. Give sirius-xm their money back for taking so long!!! APPROVE THIS MERGER NOW!!!

How can it be a monopoly when there is no ability to raise prices without reducing demand? How can it be a monopoly when it is clear the two companies never competed only against each other? Answer: It is not, BY DEFINITION, a monopoly.

Calling XM/Sirius a "monopoly" is like calling Sony a monopoly because of Blu-ray.

MONOPOLY. Thank goodness Martin is not bowing to fanboy wishes as he is smart enough to know SMART CONSUMERS do NOT want this "merger" to form a MONOPOLY.

School is in session, sat radio fanboys, try to keep up with the class of smart consumers.

"causes of monopoly

How does a firm establish a monopoly position in a market? The fastest route for a business to grow and take an increasing share of a particular market is through integration i.e. through agreed mergers or contested take-overs.

Horizontal integration occurs when two businesses in same industry at the same stage of production become one.

Vertical Integration involves acquiring a business in the same industry but at different stages of the supply chain - for example an oil company owning drilling and extraction businesses together with refining, distribution and retail subsidiaries.

Monopoly power also comes from the ownership of Patents and Copyright protection or the exclusive ownership of assets (e.g. De Beers - diamonds).

The government may also give legal monopoly power to some business through nationalisation or government awarded franchises and licences."

Sirius/xm merged = MONOPOLY = higher prices, no choice for consumers.

banff21

Blu-ray is a pay service? Funny thought Blu-ray is a technology standard..... Your lack of understanding and desperate need to toe the sat radio merger line is laughable.

Winwarz, "super premium" channels are not included in the a la carte packages. It costs and additional $6 per month for MLB (including all other sports). So that's $12.99 vs. the $12.95 you can pay for a standard monthly subscription to XM right now. And you miss out on 100 other channels. Oh and by the way, you will need a new receiver for that AND it appears this is only the XM sports packages. What a steal... not.

This crap is stupid! If the FCC fails then I need to go out and get that I touch and give up on satellite radio.

Looking back at some of the comments made after the pricing/lineups post-merger were announced, to me the most ridiculous thing (other than this getting approved) is that both companies will be operating so many repetitive channels. At some point down the road, 2, 3, 5 years, they're going to have to look at the fact that 80%+ of their music channels are playing the same type of music (though I will be the first to say I prefer XM's playlists), and then what will change? They have to eliminate the redundancy, otherwise I really doubt most people will go beyond the packages with a 'taste' of the other, and that's assuming they actually choose good best-of channels.. To me, there's just way too many little gotchas in the way all of this will come together down the road.

Sony doesn't own blu ray, it's owned by a consortium of companies shitdick.

You are so right Plowboy. When the two companies announced the Merger, they would have been a force to be afraid of in the audio entainment industry, but now? Alot has changed in a year.

LAPTOP GAMER are you that un-satisfied with your sat radio CHOICE as it currently is? The FCC, if they do the right thing and NOT ALLOW this merger making MONOPOLY how do you feel that will make your current CHOICE in sat radio worse than what it's been? This Sirius buying xm merging into a MONOPOLY is not being done for the consumer. You'll have to buy the iTouch anyhow since if this MONOPOLY merger goes through you'll really be un-satisfied and be paying higher prices for NO CHOICE in sat radio. Think about it the grass is not greener for consumers if the FCC fails to STOP this merger making MONOPOLY.

You'd have to have the iTouch also since if the fcc fails to STOP this MONOPOLY merger sat radio is dead. Smart consumers will not support a MONOPOLY. There is always www.hdradio.com to upgrade to.

Well said pfreak I think that gets the point across better than my response, you must know the uneducated, sheep aka banff21 better :)

Once again:

A monopoly can only occur is a company can raise prices without losing demand. Further, the company has to "own" a high percentage of the relevant market. Sirius/xm do not. The NAB did more than Mel Karmazin did to effectively demonstrate that satellite radio alone is NOT the relevant market by so vehemently opposing the merger. To define the relevant market you look at the competition--that defines the market place. If terrestrial radio (and a host of other audio delivery options) did not compete with satellite radio, then why would they give a rat's ass" about the merger. Answer: Becasue they compete. It is this competetion that generates consumer benefits. It is this competition that will guarantee Sirius and Xm do not raise prices. IF they do, demand drops. That is the definition of a competitive marketplace. Further, now I will be able to have the best of both company's programming without buying two radios--and I will be paying a lower price for what I want. Gee, that really sux for consumers. Moron coward (David Rehr)

After one year of review and the DOJ approval of the merger the FCC is not going to block XM-Sirius' request. Spectrum will not be affected, but they will hold the new company to a la carte pricing for the specified period. Get use to it, these companies are merging. Any goverment talk at this time is only window dressing.

I really have to LAUGH at all the people who supposedly OPPOSE this merger...including some who posted above. I mean...COME ON. The ONLY people who oppose this merger are those affiliated with terrestrial radio. Any "supposed" consumer who says they oppose the merger on grounds that it will mean LESS CHOICE is either totally retarded or shorting the stock or a terrestrial radio shill. How can anyone say this with a straight face? Less choice? Oh yeah....you mean I can have BOTH the NFL AND MLB on the same radio? How the F@#K is that less choice? You mean I can have LOWER a la carte pricing(a first in pay media)....yeah...that SUCKS.

Seriously....anyone who says the merger hurts the consumer is an idiot. We see through your idiocy....just as we saw thru the NABs idiocy when they said they DON'T compete with sat radio...and YET they did EVERYTHING to BLOCK the merger. Why? Duh....because they DO COMPETE with sat radio.

Enough of this duplicity. Come on FCC...approve the damn merger with no restrictions just like the DOJ did. The REAL consumers want it.

There should be only five conditions with this Merger .......

Save XM 202! Save O&A, R&F, Steve C, and Black Earl!

There should be only five conditions with this Merger .......

Save XM 202! Save O&A, R&F, Steve C, and Black Earl!

THANK YOU DAVID REHR, NAB, CLEAR CHANNEL AND ALL THOSE WHO MADE IT ABSOLUTELY CLEAR TO THE DOJ AND FCC WHAT THE RELEVANT MARKET IS AND WHO COMPETES WITH SATRAD BY SO BITTERLY OPPOSSING THE MERGER. THANK YOU THANK YOU. MEL THANKS YOU. GOOD STRATEGY DECISION: MAKE ALOT OF NOISE, VEHEMENTLY OPPOSE--THAT PROVES WE DON'T COMPETE WITH SATRAD". BRILLIANT MOVE YOU TOOLS

WTF IT'S NOT A MONOPOLY. IF THEY RAISE PRICES, I WILL LISTEN TO TERRESTRIAL RADIO YOU MORONS

WTF IT'S NOT A MONOPOLY. IF THEY RAISE PRICES, I WILL LISTEN TO TERRESTRIAL RADIO YOU MORONS

I was looking at the ala carte packages.....and people were saying we'll need a new radio to get those. After having already invested money into receivers and boomboxes, and what not, are they going to cut current subscribers a deal to get one of these new radios? Or maybe a "swap" deal, like satellite TV does, where I send them the equipment I have and they send me new equipment back? Otherwise, it's going to cost me more in having to buy more equipment to take advantage of these ala carte deals than it will for a customer who held out.

You won't need new equipment to listen to both channels. There will be a firmware upgrade which will be installed over the air on most older receivers (I'm sure some of the 1st generation receivers will not be able to be upgraded though).

okay..so far I absolutely hate the pricing since this means no more retention XM plans for me for less than $100 a year.. :(
..but I looked through the PDF..and WTF happened to top 20on20? I see Hitlist, The Blend, Flight 26 the currently commercial-ridden one, The Heart...but where in the world is 20on20..it's practically the only channel I listen to 90% of the time...please don't put it in their stupid a-la carte package...

If you have XM, you'll still get "20 on 20" as part of the $12.95/month subscription that you're currently getting. If you go to ala carte, "20 on 20" is considered a "premium channel" and can't be one of the 50 channels chosen in the $6.99/month ala carte package. But a person could choose it as part of the pick 100 ala carte package, which costs $14.99 per month. If you choose not to go with an ala carte plan, you have nothing to worry about.


aw that's freaking ridiculous...so let me get this straight..no matter what happens..I can still keep all the channels I have right now at the rate I pay? (let's say $12.95/month). I could care less for Sirius's programming really...

"aw that's freaking ridiculous...so let me get this straight..no matter what happens..I can still keep all the channels I have right now at the rate I pay? (let's say $12.95/month). I could care less for Sirius's programming really..."

First, let me correct myself.....20 on 20 will be available as part of the 50-channel ala-carte plan, but since it's considered a premium channel, it can be added on for an extra .25 cents per month.

But getting to your point, obviously it could all change before they actually put the packages in place, so anything could happen. But based on the plans they've proposed, that would be correct. You continue to have what you have now at $12.95, which is what the monthy fee is now.

regan you have alot to learn. but thanks for showing how " totally retarded" you are through "your idiocy" So you think you might get "NFL AND MLB on the same radio?" maybe, maybe not. To you this is choice? hmmmm Price will go up, choice will be taken away, competition will be over and content will suffer. Just like in any MONOPOLY except this one is being called a "merger" for "idiot" fanboys like yourself.

MONOPOLY????

Does anybody actually believe that boldface lie has anything to do with the price of tea in China??

When did a 2 player, cash burning, radio experiment become a viable market sector warranting monopolistsc investigation?

Wake up PEOPLE!

Why is this REALLY taking so long and why is there more high level opposition to this merger coming to fruition than there is to the war in Iraq???

It's all about market futures and has very little to do with Terrestrial radio or monopoly -- thiat's a smoke screen!

The real answer is staring you right in the face this very minute as you sit here reading these words...Think about it people.

The bird is already flying.

The BIG question is who needs it, why, and how far ahead of the pack would it put em?

Clear radio is NOT the competition and piped in music is not the REAL prize.

That's as deep as I'll go on the subject at this time but here's a little something to think about...The feds just auctioned off a block of practically worthless obsolete and so much major money was literally jumping over itself to psess a small chunk of some of the funky stuff that many deep pockets were turned away at the door and left empty handed.

IMO, anyone long, even those who held for too long, can simply turn off the computer, relax and enjoy life knowing what will happen will happen and could drastically improve your retirement outlook depending on how many shares you own.

It took over a year for the DOJ to realize there is no monopoly and, If I am right, the FCC will probably throw in a monkey wrench or two -- as a stall tactic allowing more time for the big boys, (who fell asleep at the wheel and currently have their foot on top of this paly) to better their market position -- but they too will be legally bound to follow suit and approve the merger.

Then the merger wikll go through and, by then, the moment of truth will probably be passed or pass much too quickly for the small investor to enter the fray and reap the MASSIVE financial gains that should be realized by those who own SIRI or XM at today's levels.

And I feel sorry for anyone, to include the great Morgan Stanley, who is short when the investing public catches wind of what is actually going on.

Shawties beware.

When that happens, rest assured, anyone still attempting to stand on this play and hold down the price will have his leg snapped off at the kneecap.

Thank you "anonymous coward" for setting me straight. You are correct, when these so called "corporations" so called "merge" all competition will be eliminated, resulting in a pure and simple monopoly. Ergo, on the day the "merger" is approved, all of my devices which translate certain radio frequencies and translate them in to sound (my car radio, my clock radio, my home theater system, etc.) will immediately silence, and my cds probably won't work in any of these devices anymore as well. Also my computer will no longer have the ability to reproduce sound from data streams originating from any number of internets and/or intarwebs. My iPod will cease to function, a condition that will certainly not be covered by my AppleCare contract. Finally, to add salt to the metaphorical wound, I'll now be forced to pay a total of $6.99 for the channels and service that I am currently paying $12.99 for.

Thank you, "anonymous coward', for looking out for simpletons like myself. I shudder to think of the state our country would be in without you and the good people of the government lobbying profession keeping big business honest. Shame on you, Sirius and XM, for trying to save me $6 each month.

Jared,

Are you the Jared that eats at Subway? I think i saw you the other day in Grand Rapids.
Your pants were really baggy man. Buy a fricking belt already.

Oh yeah.... why I came here.

Fuck you again FCC. My .02 .... You dick suckers are intentionally delaying either hoping momentous oppositions arises or at the bidding of the FCC.

If this merger would create a monopoly then why is ClearChannel & the rest of the NAB so concerned? Because they are about to lose their near-monopoly status when it comes to what you listen to in your car. With 3G cellphone audio streaming, all-you-can-download iTunes subscriptions, wimax, and the old analog TV broadcast spectrum all about to invade the mobile audio space they realize that nobody will need to listen to their shit playlists, retarded DJs & annoying commercials anymore.
Orlando only has ONE fucking modern rock station, and since it's owned by ClearChannel & there are no other rock stations they only play 5 songs on it & fill the rest of the airtime with commercials and annoying DJ chatter.
This merger is good news & I hope this scares & damages the crap out of ClearChannel.

Jared back to subway with you if you feel any of those you post about have any competition for sat radio. Keep drinking the koolaid sat radio fanboy sheep. You sure won't be saving money, nor getting access choice IF the FCC doesn't STOP this "merger" MONOPOLY of sirius/xm. You are a "simpleton" if you think sirius/xm are making this MONOPOLY for you or any other consumer.

Funny sat radio fanboy's are ignorant to what will do permanent damage to the sat radio industry. Funny sat radio fanboy's have no understanding that without direct competition between Sirius and xm the sat radio industry would never be what it is today. Funny sat radio fanboys lack the understanding of what a MONOPOLY is and worse will ignorantly accept MONOPOLY games by Sirius and xm and follow like blide sheep.

One simple question to the people who are claming this is a "MONOPOLY". Does satellite radio compete with terrestrial radio? Yes or No it's a simple question.

If you say yes then by definition xm/sirius is NOT a MONOPOLY.

If you say no, I would really like to hear how it is that you think two bodies that play music over the air don't compete. Because that would be like saying cable doesn't compete with free over the air TV.

BTW has cable and sat (which are virtual monopolies in most areas) put free over the air tv out of business? Nope they sure haven't and probably never will. Same goes with free radio. It's not going to be put out of business over this deal.

Yeah ananmous coward....You friggin idiot. "The price will go up". That's the smart way to grow subscribership--charge higher prices so you can really go after the competition that charges nothing. Charge more so it becomes less affordable in an economy on the downswing. I am sure that's the business plan. What a moron.
Seriously, are u with the NAB or some terrestrial broadcast consortium that played the brilliant card of oppossing the merger so vehemently you all but wrote in stone that the market is not just satrad, but includes terrestial radio and other other audio platforms.

Hey anybody have any info with the Virus channel on XM having Howard Stern's show bleeding thru for a couple of seconds all day long. Are they doing tests or is it just O&A messing with everyone.

To the FCC, NAB posters:
BABABOOEY TO ALL OF YOU!
FM is a WASTELAND. You shirts DESTROYED it.

BABABOOEY BABABOOEY BABAOOEY.

Even though I will be happy if the merger goes through (I like the NFL on Sirius but I like the playlists on XM better than on Sirius), I am enjoying the discussion on "monopolies".

Have you ever taken a trip across the USA? If you do find a good channel on terrestrial stations, you will lose it pretty quick...and good luck in some places out west at find ANY stations at all. So does Sat radio compete with terrestrial radio...just because both things compete for what bombards my eyes? With that logic, wouldn't iPods, CDs, my kid in the backseat singing "Mary had a little lamb" all be considered a competitor in this "market"?

And I have never paid anything amount of money to a terrestrial radio station...so why are they considered to be competing for my business?

"If this merger would create a monopoly then why is ClearChannel & the rest of the NAB so concerned? Because they are about to lose their near-monopoly status when it comes to what you listen to in your car'
-------------------------------------------------------------------------------------------------------

THE ONLY MONOPOLY WHICH HAS EXISTED IN THIS COUNTRY FOR DECADES IS
'FREE RADIO'. THE ''DOJ' GOT IT RIGHT AND THE WHIINERS LIKE 'NAB' AND
FRONTMED CAN PISS AND MOAN UNTIL THE COWS COME HOME.

THIS MERGER WILL BE THE NEW BEGINNING OF SATRAD RADIO
AND THE 'NAB' INFLUENCE IN WASH D.C. WILL GO THE WAY OF THE
TOBACCO INDUSTRY LOBBY - THEY BOTH WORE OUT THEIR WELCOME TO
THE CONSUMER LONG LONG AGO.

XM fans say its a Mnopoly because O & A are scared to work for Mel again. End of story.

wow, it's so easy to call people sat radio fanboys and call it a monopoly but what is your argument based on? now that sirius and xm can merge it will be bad for the consumer because we will have to pay more money for less entertainment?

get real. if the quality goes down and the prices go up, people will find an alternative. just like people weren't happy with the quality of terrestrial radio and migrated to satellite.

call me a fanboy, i don't care. but at least my argument makes sense.

"THIS MERGER WILL BE THE end OF SATRAD RADIO" We've had consumer choice in sat radio with this "merger" MONOPOLY say hello to higher prices, no choice, and no competition. Put them all together and it's the end of sat radio. Smart consumers will not support a MONOPOLY.

I never saw a merger I didn't like. Now where are those weapons of mass destruction......

"THIS MERGER WILL BE THE end OF SATRAD RADIO" Stupid statement by a stupid
poster - 17M subs and adding 4M net adds per year is a goldmine. !!!!

"We've had consumer choice in sat radio with this "merger" MONOPOLY say hello to higher prices, no choice, and no competition' ---- The competiition is FREE TERRESTIAL RADIO
IPODS, Internet radio in the car ETC ETC - WRONGAGAIN , dummy


".Put them all together and it's the end of sat radio." - End of all shorts dummy


" Smart consumers will not support a MONOPOLY."- They supported the Monopoly of
FREE RADIO for over 70 years.

Sorry "TERRESTIAL RADIO IPODS, Internet radio in the car ETC ETC " are NOT direct competition for sat radio. Keep on drinking the koolaid sheep, keep on believing everything about the "merger" MONOPOLY..... "dummy", "stupid poster".

Oh and "17M subs and adding 4M net adds per year is a goldmine"? Really then why the desperate need to "merge" MONOPOLY? Neither company has made a cent since they started, sat radio by siruis/xm is at the end of the road with this "merger" MONOPOLY..... "dummy", "stupid poster".

one more thing "dummy", "stupid poster"

We can all see how desperate it is with stupid comments like this:
" Smart consumers will not support a MONOPOLY."- They supported the Monopoly of
FREE RADIO for over 70 years."

Terrestrial radio is not, nor never has been a MONOPOLY and since advertising pays for Terrestrial radio making it free for all consumers. L O S E R!

Sirius buying xm merging to become a MONOPOLY is the end of the road for satrad as we know it. Smart consumers will not support a MONOPOLY of satrad which brings higher prices and takes away choice and competition.

Poor "dummy", "stupid poster"......

"Sorry "TERRESTIAL RADIO IPODS, Internet radio in the car ETC ETC " are NOT direct competition for sat radio."
---------------------------------------------------------------------------------------------
YES THEY ARE COMPETITION and the DOJ agrees with that thesis. dummmy poster.


"Smart consumers will not support a MONOPOLY of satrad which brings higher prices and takes away choice and competition"
===============================================================
Boy you must work for Terrestial radio to believe that crock of BS.

Satellite radio will now be competing agains IPOD, MP3 Players, Cell phones that stream music, Internet radio, Navigation units with SD card readers, etc.

The monopoly idea isn't correct, Satellite radio won't be a monopoly, it will now compete with plenty of "digital entertainment"

And when Sirius and XM go to renew contracts with MLB, NFL, NASCAR, etc the new company will not be getting raped by these companies that know we have to outbid the other.

Merger equalls more choice for the customer, prices will stay low because if it gets too high, people will get an IPOD.

Anything that brings music to your ear, be it free FM or free internet radio, or $.99 cents a song IPOD or paying for music on your cell phone IS competition with Satellite radio.

Most of the people with MP3 players such as the IPODs pirate the music they listen to on their device.

Satellite Radio will have to bring even more choice for the customer when there is one company, or subscriber growth will not continue.

If you are blogging on the site, you are probably hooked on satellite radio, XM or Sirius, but you're hooked. I'm hooked on XM at 12.95, but if I can get BOTH XM and Sirius for 16.99 a month I am ALL for it!!!

If you don't want to pay 16.99 a month, you could always stick to downloading 17 songs every month at .99 cents. Or buy a hit CD every time it comes out, that would run you a hundred bucks or so a month.

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Terrestrial radio, cd's, iPod's, concerts, tv, the internet are not, nor never has been a MONOPOLY and since advertising pays for Terrestrial radio making it free for all consumers.

Sirius buying xm merging to become a MONOPOLY is the end of the road for satrad as we know it. Smart consumers will not support a MONOPOLY of satrad which brings higher prices and takes away choice and competition.

Guys,

Sorry I'm so damn late with this merger thing. I'm having the bathroom remodeled at home and the wife has been a real pain in the ass with all the mess......Yeah, I know it's been 14 months, but I'm really, really, really going to take a look at it over the next 2-3 months. It ain't easy being 26 and running the whole FCC ya know!

Top Secret: If I look like I'm doing extensive diligence i may be able to keep my job in a Democratic administration. THAT'S my main goal... saving my bacon.

Guys,

The above comment was not written by me but by yet another sad satrad fanboy who is blindly cheerleading for the Sirius/xm "merger" MONOPOLY which will bring higher prices, no choice, and no competition to the satrad industry. Hope that the FCC will stop this Sirius/xm "merger" MONOPOLY for no other reason than it will be BAD for the consumer. We at the FCC have been taking our time, gobbling up all the lobbyists cash while making sure we at the FCC are not "influenced" like the DOJ was. Suggest consumers wake up and do some basic thinking instead of being blind sheep of the "merger" MONOPOLY.

The Sirius/xm "merger" MONOPOLY is not being done for consumers, luckly the FCC is here led by myself to save the satrad industry and reject the MONOPOLY wishes of Sirius/xm, their lobbyists, and a sad few blind satrad fanboys.

Anyone who says this is a monopoly is an idiot! that is akin to saying, if popeyes chicken and kfc merge, they would have a monopoly, bc they are the only fried chicken chains. There are other sources of food, just as there are other sources of entertainment, there's terrestrial radio, cd's, IPODS!!!!, other mp3 players, television, jesus wake up you morons.

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