Senate Democrats Weigh In on XM-Srius
Kerry, McCaskill, Cardin: Compromise proposal not enough.
By John Eggerton -- Broadcasting & Cable, 6/30/2008 9:49:00 AM
With the Federal Communications Commission members kicking around the compromise proposal for an XM Satellite Radio-Sirius Satellite Radio merger and both Democrats and Republicans still talking of wanting to get a decision out the door "soon," several high-profile Democrats weighed in saying that the proposal does not go far enough for their liking.
That came in a letter Friday to FCC chairman Kevin Martin -- who is circulating the compromise proposal -- from Sens. John Kerry (D-Mass.), Claire McCaskill (D-Mo.) and Ben Cardin (D-Md.).
For one, they said, the proposal to set aside 12 channels for minority programmers and another 12 channels for noncommercial informational programming -- a total of 8% of their spectrum -- is not enough to ensure "viable competition" to the combined company. They added that it needs to be at least 20%, or as many as 50 channels.
The senators also want XM/Sirius to be required to build HD-radio capability into their receivers, which means that they would be able to receive free, over-the-air signals, as well as the pay service. The legislators called that an "essential check" on the ability of the merger company to "stifle" competition from digital-radio broadcasting.
Also on their list was FCC enforcement of price caps, interoperable radios, open access and a la carte promises made by the two companies as part of the compromise.
"The proposed conditions fail to provide meaningful competition in the SDARS [satellite digital audio radio service] marketplace and would leave the merged entity in a position to exercise its market power in anticompetitive ways against other media, including free, over-the-air radio," they wrote.
They also argued that allowing the two companies to merge would violate the FCC's rules in establishing the two satellite-radio licenses. The FCC said when establishing the service that the two national satellite-radio licenses should not be held by one company. But the Democratic FCC chairman at the time, Reed Hundt, has since said that the rule was not meant to be set in stone and he would favor allowing them to merge.
They closed the letter by saying that they still opposed the merger, but that their suggestions would "mitigate the harms to the public and consumers" if the FCC goes ahead with the deal.
Currently, the commission is thought to be split 2-2, with the chairman and Republican commissioner Robert McDowell said to be OK with the compromise, the two Democrats on the commission not convinced that the compromise conditions are sufficient and Republican Deborah Taylor Tate still weighing them.
Two weeks ago, three Republican legislators wrote Tate to ask her to oppose the merger. They were among 69 who had written a letter exactly one year before to express their opposition.
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The FCC can go to hell as can John Kerry and the democratic party for that matter. When 80% of the public wants this merger and it's held up for now 18 months, there is money changing hands.
The FCC is corrupt.
Mike Michaels - 7/2/2008 8:39:00 AM EDT -
It's time to get the D A M N POLITICS out of this.... There has been enough money given to these B . S SENATORS an alike to probably purchase a few hundred barrels of oil from overseas.
It's now time for those within the FCC to listen to what "We the people....." and stop this nonsense of giving more monies to these politicians to which they all ready receive way to much all ready.
Let's APPROVE THIS AND MOVE ON TO MUCH MORE IMPORTANT ISSUES...
Old Ga. Dawg - 6/30/2008 9:48:00 PM EDT -
this merger is in the best interest of the consumer, with the economy in the shape its in,gas prices keep getting worse, you would think that the people in our government would have more important issues to deal with. I hope in november everyone will write down the names of these people thats causing this problem, and vote them out of office. I will do my part, keep them from not getting reelected. this is absurb for this merger not being already approved.
Ronald perry - 6/30/2008 7:11:00 PM EDT -
"FCC Chair backs approval of Sirius-XM merger"
"Open Device Access, providing technology standards to allow for any device manufacturer to make satellite radios... UPDATE: Noticeably absent from the agreed concessions are iBiquity's proposal to require HD Radios be built-in to satellite radios."
tinyurl.com/4tdmhv
"Pioneer says HD Radio succcess should be decided by open market, not forced inclusion"
"IBiquity, the company behind HD Radio, is making enemies all over the place, the latest of which is Pioneer. The Japan-based corp, which makes the popular Inno, recently told the FCC [PDF] that iBiquity's scheme to force satellite radio manufacturers to include HD Radio playback is absurd. The iBiquity conditions would limit the breadth of radio product offerings to consumers, limit which radio component suppliers’ products be designed into radios, have the effect of decreasing AM/FM tuning performance, unnecessarily increase costs to consumers uninterested in HD Radio and interfere with the useful and healthy free market mechanisms extant in radio electronics purchases."
tinyurl.com/5f9q2b
What a bunch of garbage - FCC consessions have been agreed upon, Pionerr doesn;t want HD Radio mandated as forced inclusion, and the DOL ruled against HD Radio. HD Radio is a farce:
hdradiofarce.blogspot.com
PocketRadio - 6/30/2008 3:03:00 PM EDT -
bs bs bs... even the letter to Tate from the republicans... i should work for the govt... i can easily compile the same crap they do.
how does waiting for one company to die (BK) allow for competition either? does it not create a monopoly in a sense. can anyone else afford to enter the market.
whatever
steve - 6/30/2008 2:43:00 PM EDT
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