Sirius CEO and FCC Commissioner meet - Orbitcast

Sirius CEO and FCC Commissioner meet

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Mel Karmazin and Jonathan AdelsteinSirius Satellite Radio Inc. chief executive Mel Karmazin and FCC Commissioner Jonathan Adelstein met on Monday to discuss the pending merger with XM, according to an FCC filing.

The filing, which was made public today, states that the meeting was over "pending issues"  as well as the "previously filed voluntary commitment letter."

What's important is that Adelstein's vote can't be ignored, and this is a strong signal that Karmazin recognizes this. Adelstein, one of the two Democrats on the FCC, historically has opposed any media consolidation, much like his collegue, Commissioner Copps.

But Adelstein's situation is different than Copps' is.

Adelstein, like Commissioner Tate, is up for Senate confirmation for their new terms at the Commission. So he needs to play the political game a bit more - that is, if he wants to get the confirmation for another five-year term. The focus on Adelstein and Tate is not by chance.

Commissioner Adelstein also has voiced his displeasure with the FCC breaking votes in terms of ideology, and his decision will be based on the concessions offered by Sirius-XM. Whether or not these concessions, or the politics involved, are enough to influence him is the open question.

[Read FCC Filing (PDF)]

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19 Comments

Mel meeting with someone who may oppose the merger is a good sign. Perhaps Adelstein may have second thoughts, but he's still a dousche.

Does George, Dick, and the NAB own this guy too?

The merger is doomed--three vote against and two for. The NAB and Kevins plan all along stall,stall,stall and then a close vote against the merger.That puts a nail in XM heart.

Expect a metting with Copps as well.

Conversation around the Adelstein dinner table must be interesting. If I vote FOR the merger, I piss off the people who would confirm me for another five years and I have to look for another job. On the other hand if I vote AGAINST the merger, I retain my job and screw the public good. Tate is toast anyway so she will vote FOR. McDowell and Martin are safe and will vote FOR. Copps votes AGAINST so he can get backing from the NAB when Martin leaves and runs for Chief. Its all politics.

As I've been saying ....

JA has balls and is a NEW Dem. I think he will support this, and if he does, I am committed to supporting him to be the next Commissioner. I think all of us in SATRAD will then recognizing that he is a Friend of technology, and we need to support him.

I have two goals in life .... work to make the NAB pay performer royalty and work to get JA appointed Chairman if he supports SATRAD.

I invite others to do the same.

This is troubling news for Sat-Rad longs! Why would Mel personally meet with Adelstein...if he had the "needed-3-Republican" votes? I don't think he would, and that tells me that he must be having trouble with Deborah Tate; Now maybe I know why he, Nate Davis, and their attorney's met with her on June 11th; I never have been able to figure-that-out...but as the Ex-parte filings trickle-in, more color is being addes to this drama!

Again, why would Karmazin meet with Adelstein if he had all -3- Republican votes!????

After Martin's recent public support for the merger...I assumed the merger was a "go", and we were just waiting for the final vote; But with today's news about the "Karmazin-Adelstein" meeting, I must change this logic, and even say now that the merger "could be in trouble"!

I urge fellow longs to contact the FCC with respectful comments...or, you don't even have to be invested...or even voice pro-merger comments; If you honestly feel that these companies would be better off apart, then send such heart-felt sentiments that way! But personally, as the days-go-by, I think it is plainly evident that this is a "consumer friendly deal", and it's hard to argue otherwise! Beside, one of these companies will go bankrupt, for sure, imo, if the deal is denied; And who will that serve?

eom!

I've been reading the comments about how "public good" and "public interest" are negatively affected by the Sirius and XM merger not being approved? Now, I don't have any interest in the stock of either company, and I do subscribe to Sirius. I say this only for full disclosure, but why will public interest and public good be hurt by denying a merger of two companies that provide competing services into one that provides the same service.

I subscribed to Sirius for a reason - I thought its music programming was more attuned to my tastes. I don't care about listeing to sports on the radio, satellite or terrestrial. If XM had the programming I wanted, I would have gone for that choice. So now, if the merger goes through and the programming of XM is carried over because it is the largest of the 2, am I not getting shortchanged in the process?

If this is a survival issue, then the comapnies should say so. If they couldn'tcontrol their respective spending and costs, why is it up to the FCC to do it for them?

Good point...maybe both companies should have been more forthcoming about their dire financial condition...the didn't play tha card, b/c they want to be able to get financing...if they come-out and say they "won't-be-able-to-make-it"....no-one would finance them!

It is not as easy as it seems; Anytime you get lots of money invloved in something (even just so you can enjoy your Sirius over XM...billions to launch/build satellites...network, radios...etc...) the issues, especially funding, get very complex!

TW,

Any good salesman covers his base in spades. I feel that even if Mel had 5 for 5 that he would do his due dilligence and contact all players.

How I think this will end up.....

4 Yea.
1 Nay

I'm hoping in these times when being a dancing monkey for lobbyists and special interest groups is more scrutinized that they will not make decisions to better their political careers because it will only blow up in their face down the road. Terrestrial radio and the NAB are eventually going to die or become ineffective in the future and even if they kill these companies others will learn from it and live to put the final nail in the coffins of those that tried to stop the concept.

Don't hold me to it, but I have a funny feeling we may all be fooled. They might give the merger a unaminous 5-0 vote, just to get the thing off to a positive start, and take the heat off the FCC for this irrresponsible time lag, and the damage they have caused.

Don't hold me to it, but I have a funny feeling we may all be fooled. They might give the merger a unaminous 5-0 vote, just to get the thing off to a positive start, and take the heat off the FCC for this irrresponsible time lag, and the damage they have caused. It would enable the two companies to hit the ground running, and make for some of the time lost.

Don't hold me to it, but I have a funny feeling we may all be fooled. They might give the merger a unaminous 5-0 vote, just to get the thing off to a positive start, and take the heat off the FCC for this irrresponsible time lag, and the damage they have caused. It would enable the two companies to hit the ground running, and make up for some of the time lost.

"I subscribed to Sirius for a reason - I thought its music programming was more attuned to my tastes. I don't care about listeing to sports on the radio, satellite or terrestrial. why will public interest and public good be hurt by denying a merger?"

Because most people are not like you and actually DO care about sports and talk radio and are limited by choosing one service instead of the other. Both have comparable music channels. Sirius 21 is similar to XM 47. However, baseball is not football. Hockey is not basketball. There is no substitute for those on the other service.

So enjoy your music channels, but stop trying to cock block people who care about other things that only this merger will give them.

A recent Exparte shows that the Sirius people (Mel and Legal ) met with Copps, I believe on the 17th.

Bill Bennett may be correct that they are going for all five, for just the reasons that he suggests. IF JA is coming on board, it would make Copps look like a dope being the only nay. JA for the next Chairman ... I'm telling you. The guy, if he stands up, deserves our help.

I can't in 100 years believe that an institution that I once respected (even under Powell) has gone to the political dogs in such a short time under Martin, who does not deserve to be referred to as Chairman, since he has not behaved like one.

History will show that XMSR was precipitously close to the edge, exacerbated by the ineptitude of the FCC delay which is unconceivable to working / thinking people. The immoral war, the economy, world relations, poverty, Katrina, Abu Graib, GITMO ... I can't believe that I country that many of us love has deteriorated so grossly under George W. Bush. "The Decider".

I run a business or two... you would not believe the poverty in the working poor who can't full up their tank, afford insurance, or take their family out to dinner on what we call a working wage. The GOP should be ashamed of their malfeasance demonstrated again at the FCC by this example.

Time to take the country back and focus on domestic issues.

Sent to 55 of my friends and asked them to forward... you do the same eh?

http://www.fcc.gov:80/

Howdy,

As you know I'm both a fan and investor in satellite radio... have been since inception of the technology.

In February 2007, Sirius applied for a merger with XM radio as both of these entities have had tremendous start up costs and a very competitive market competing with ipod, wifi and others. The DOJ approve of this merger in March of 2008. Though the FCC has had this issue for a whopping 456 days, they have failed to rule. This is in part due to the influence that terrestrial radio ( NAB -National Association of Broadcasters) has gone to great length to block this both legally via exparte filings and underhandedly with "political contributions" to various members of Congress including Brownback, Dingle, Leahy, and a host of others hidden in the woodwork. The best Government money can buy as they say .....

To top it all off, Jesse Jackson quickly joined "Georgetown Partners" and petitioned the FCC to "give" up to 20% of Sirius and XM spectrum to them for "minority broadcasting" which most consider a shake down. 8% has been suggested in a concession letter along with ala carte pricing and a 3 year price freeze.

The FCC is in the final stages of determining if this merger will be allowed. If you have a moment, and support this merger, please click on the link above (see the far right of the FCC page for links) above and send an e-mail to Chairman Martin (who finally voiced support of this after 450 days) but mostly Commissioners Tate, Adlestein, McDowell and Copps. It being generally believed that Tate and Adlestein are the swing votes.

Lastly, if you are so inclined, please forward this to 2-3 of your friends and ask them to support Satellite radio and forever wipe out the NAB monopoly and all those commercials.


C3SR is a code name for = NAB ...make no mistake who funds this lobby.


From the WSJ (Below) ...It's interesting that NAB's name is so fouled that they have resorted to a cover name that uses UPS sites as their address. Washington at it's worst. The NAB people are greasy as is Dick "sellout for a dime" Thornburgh. / Plowboy
----------------------------------------------

Siriusly, the FCC Should Put a Spike Through This
June 19, 2008; Page A14
Regarding "FCC Foot-Dragging" (Review & Outlook, June 12): Lately the Federal Communications Commission has been criticized for dragging its feet on the proposed merger of Sirius and XM. As FCC Chairman Kevin Martin recently noted, this merger is "extraordinary," so it should come as no surprise that the FCC is taking so long to reach a decision.

To approve this merger, the FCC must change its own rules, which were specifically established to promote competition and to protect consumers of satellite radio. Approval of this merger also requires the FCC to do something unprecedented -- to create a spectrum monopoly. In addition, the FCC's public interest standard for merger review compels it to consider the impact on multiple constituencies including satellite radio subscribers, consumers at large (potential subscribers), consumer electronics manufacturers, independent programmers, non-commercial broadcasters, technology developers, and a myriad of special interest groups which are seeking a variety of remedies and protections.

The FCC could have -- and should have -- denied this merger months ago, because there is ample proof that this is a merger to monopoly that harms programmers, competitors and consumers. Nevertheless, the FCC appears willing to search for the necessary means to an end to grant this merger. Simply put, extraordinary results take extra time. Certainly XM and Sirius should not complain about the delay, especially since they have dragged their feet in producing all the documents essential to the FCC's merger review.

As recently as April 10, 2008, Sirius supplied new information to the FCC subject to protective orders. At least one prominent U.S. senator has requested access to the protected information. This senator has raised concerns about misleading testimony before Congress in hearings on the merger and about other issues of great importance to the Senate Judiciary Committee in its oversight of the enforcement of our nation's antitrust laws. If XM and Sirius truly believe these issues warrant no further consideration by Congress and the FCC, they should make the protected information publicly available, thus resolving any mystery as to why the FCC's merger review process has been delayed.

Dick Thornburgh
Washington

Former Attorney General Dick Thornburgh, an adviser and counselor to Kirkpatrick & Lockhart Preston Gates Ellis, is also a consultant to C3SR (Consumer Coalition for Competition in Satellite Radio).

AC- Thanks for letting us know that Sirius 21 is like XM 47. I really never understood how Ethel was an alternative station and lucy was new alternative. I always associated those 2 names with old television and to some extent Neil Diamonds, "The Jazz Singer."

I have XM on trial for my families car but I really do not understand some of their names. Although Boneyard is a cool name.

Yes you are write Hockey is not Basketball. If it was, Hockey fans would not know what the players were saying because they wouldn't be speaking english.

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