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SIRIUS, XM Highlight Growing Momentum in Favor of Merger

Press Release:

July 09, 2007: 03:54 PM EST


NEW YORK and WASHINGTON, July 9 /PRNewswire-FirstCall/ -- XM Satellite Radio and SIRIUS Satellite Radio said today that the volume, diversity and strength of the public comments filed with the Federal Communications Commission (FCC) during its public comment period demonstrate persuasively that their merger is in the public interest and should be approved.

"The support for our merger is as diverse as the programming we provide," said Mel Karmazin, CEO of SIRIUS Satellite Radio. "The thousands of pro merger comments from organizations representing diverse populations and interests, individuals, businesses, and experts plainly demonstrate that the combination of SIRIUS and XM is in the public interest."

"These FCC comments strongly validate our contention that the merger will produce substantial public interest benefits," said Gary Parsons, Chairman of XM Satellite Radio. "These include greater programming choices, better prices, rigorous competition and more rapid innovation."

Since the FCC opened its docket on the merger, more than 3,500 individuals have filed in support of combining the two companies. The FCC docket also includes positive comments from 20 organizations and businesses, representing a broad spectrum of Americans. Among the most notable names are Circuit City, the NAACP and League of United Latin American Citizens, American Trucking Associations, National Council of Women's Organizations, League of Rural Voters and American Values.

The groups filing comments include a wide array of minority, women, religious and rural organizations who support the merger in part because of its capacity to strengthen the diverse programming satellite radio already provides for their members, and businesses and conservative organizations who tout the impact the merger will have on innovation and competition. Many of the comments also cite the combined company's plan to offer one or more new, lower priced services below $12.95, maintain current services at $12.95 and offer the best of both services at a modest premium over today's price. Others who commented noted the plan to offer a "block and rebate" feature, by which subscribers can opt out of certain channels they find objectionable and receive a credit on their monthly subscription.

These and other benefits have also been detailed in FCC filings by experts and think tanks including former FCC Commissioner Harold Furchtgott-Roth, former FCC Chief Economist Thomas Hazlett and the Competitive Enterprise Institute.

The merger also has received the editorial endorsement of leading newspapers including The Wall Street Journal, USA Today, LA Times and Washington Times.

The following organizations have made public comments in support of the XM-SIRIUS merger:


-- 60 Plus Association
-- African Methodist Episcopal Church, Dist. 2
-- American Trucking Associations
-- American Values
-- Americans for Tax Reform
-- Circuit City
-- Competitive Enterprise Institute
-- FamilyNet
-- Free State Foundation
-- Hispanic Federation
-- League of United Latin American Citizens
-- NAACP
-- National Black Chamber of Commerce
-- National Council of Women's Organizations
-- National Taxpayers Union
-- NY State Fed. of Hispanic Chambers
-- The Latino Coalition
-- Women Impacting Public Policy
-- League of Rural Voters
-- Women Involved in Farm Economics


The National Association of Broadcasters and its industry allies are expected to file comments today arguing satellite radio comprises its own distinct market and does not compete with terrestrial radio. However, the government filings and statements of numerous broadcast interests, including NAB and companies like Clear Channel, CBS, Spanish Broadcasting System, Entravision, Entercom, Univision, Citadel, Cox, Cumulus Media, Emmis Communications, Beasley and Westwood One, tell a much different story. For example:

"Our broadcasting businesses face increasing competition from new broadcast technologies, such as...satellite television and radio... These new technologies and alternative media platforms compete with our radio and television stations for audience share and advertising revenue, and in the case of some products, allow listeners and viewers to avoid traditional commercial advertisements." -Spanish Broadcasting System, Inc. (2006 Form 10- K, filed March 16, 2007)

"In 2006, we have satellite and Internet radio. And barely a day passes without the introduction of a new competing device or service. But we have news for our competitors: We will beat you -- as we have beaten those change agents in the past." -David K. Rehr, President and CEO, National Association of Broadcasters (2006 NAB Radio Show, September 21, 2006)

"Our broadcasting businesses face increasing competition from new broadcast technologies, such as broadband wireless and satellite television and radio, and new consumer products, such as portable digital audio players and personal digital video recorders." Clear Channel Communications (2005 Form 10-K; page 24)

SIRIUS and XM will file reply comments by the July 24 deadline. Following that, regulators (FCC and DOJ) will consider the merger. Pending regulatory approval, both companies expect to close on the merger by the end of 2007.

More information on the SIRIUS-XM merger can be found at http://www.siriusmerger.com or http://www.xmmerger.com.
 
The merger is a bad idea no matter what XM, Sirius, and Women Involved in Farm Economics say. It's contrary to what they agreed on to begin with. Does anybody really think there is "growing momentum" out there?

IMO, this is all about paying too much for programming based on unrealistic subscription expectations.
 
It doesn''t matter how many groups they pay off to "support" the merger. The old bandwagon marketing approach will not work on this type of discussion.
 
I don't see how the people against the merger have any legal issue to stop the merger. Radio is radio...whether you pay for it or not. Can they declare a monopoly simply based on how the medium is delivered? If both company merge, it's radio. There's is alot of room up there for another company to park a satellite and compete with both the satellite delivery and tower farms.
 
simonbarrsinister said:
I don't see how the people against the merger have any legal issue to stop the merger. Radio is radio...whether you pay for it or not. Can they declare a monopoly simply based on how the medium is delivered? If both company merge, it's radio. There's is alot of room up there for another company to park a satellite and compete with both the satellite delivery and tower farms.

"We the people" do have a legal issue here as this merger would create a monopoly. It’s similar to the requested merger between DirecTV and Dish network. Much like XM & Sirius they argued that cable and broadcast were effective competition so their merger would not create a monopoly. Their request was denied.

The regulations which created satellite radio service specifically prohibit a merger. It was very clear from the beginning and agreed to by both XM and Sirius.

As far as future competition in satellite radio goes, there may be room in the sky for another bird, but available spectrum and slow demand make it unlikely.
 
There was an article posted on fmqb today( i spotted after my previous post) that covers two Reps. from both sides of the aisle, quoting the agreement. They two satellite entities can not merge, as there must be two satellite services. SOO, as dash pointed out, with the limited band width, this merger seems technically and legally deceased.
 
I read in the order from 1997 where the fcc qualified the competitive landscape as "other aural" then stated listed above. which listed the competition defined clearly.

I also think the deal gets done....because the fcc did define the market as "other aural"

quoted from the order

In the Notice, we pointed out that "satellite DARS will face competition from terrestrial radio services, CD players in automobiles and homes, and audio services delivered as part of cable and satellite services," and asked whether these delivery media, coupled with fewer than four DARS providers, could ensure an effectively competitive audio services market.134

Licensing at
least two service providers will help ensure that subscription rates are competitive as well as provide for a diversity of programming voices. The two DARS licensees will compete against each other for satellite DARS customers and will face additional competitive pressure from the other aural delivery media mentioned above. Accordingly, eligible auction participants may acquire only one of the two licenses being auctioned. One license will be for the use of spectrum
between 2320 and 2332.5 MHz and the other for 2332.5 though 2345 MHz.
 
tankedsecondchance said:
I also think the deal gets done....because the fcc did define the market as "other aural"

I disagree, but time will tell. This is clearly an antitrust issue and the only opinions that really matter are not at the FCC, but at the DOJ.

I'd just like to have a 10% cut of the money being spent on PR and lobbyists ;D
 
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