Why wouldn't a merger work?

[BDBopper]

This is a legal question. Why wouldn't a merger work between Sirius and XM. I think it would be awesome. In fact I'd be willing to pay 25 or more a month for a combined service with all the programming between the two as of right now. I understand the "Competition" thing but we're talking about a fairly new medium. In this country there are only two Sat radio services. Overseas there are more than that. Couldn't an argument be made that would lump HD-Radio, Sat Radio, and Wi-Fi Radio together in the same category? yes I know HD-Radio is free once you pay the big bucks for a receiver, but there are stations you have to pay for to listen on a Wi-Fi (like certain Live 365 feeds) and if the popularity of Wi-Fi grows like I think it is many more stations are going to make you pay to listen. This isn't like Robber baron type monopoly we are talking about. Deciding on XM and Sirius was an excruciatingly difficult one to make. It would be much easier if it was all one service. And I don't know about you, I'm willing to pay for that simplicity. Or maybe I'm just stupid.

 

[tankedsecondchance]

why merge to get what the fcc mandated for the public.

Dear xxxxxxxx,
Thank you for contacting the Federal Communications Commission. XM and Sirius filed a joint letter dated March 14, 2005 outlining some progress in to develop interoperable technologies. This can be viewed at http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6517501376.

To voice your concerns in this proceeding (Docket 95-91), your comments should be directed to the Commission's Electronic Comment Filing System (ECFS) at http://www.fcc.gov/cgb/ecfs/. At http://gullfoss2.fcc.gov/prod/ecfs/upload_v2.cgi, you may file your comments concerning 95-91.

For additional information concerning filing comments, please visit this website: http://www.fcc.gov/cgb/consumerfacts/howtocomment.html. You may petition the Commission to issue a rulemaking on this matter. Under Title 47 of the Code of Federal Regulations, section 1.401 (47 CFR § 1.401), "Petitions for Rule Making", any interested person may petition for the issuance, amendment, or repeal of a rule or regulation. 47 CFR §§ 1.49, 1.52, and 1.419(b) provides conformance requirements for petitions for rulemaking and the method of submission, i.e., petitions are addressed to the Secretary, FCC, Washington, DC 20554, or may be submitted electronically. 47 CFR rules may be accessed from the link at: http://wireless.fcc.gov/rules.html. Thank you again for your interest in satellite radio equipment interoperability.

Mike Landis
Consumer & Governmental Affairs Bureau
Consumer Inquiries & Complaints Division1-888-225-5322
________________________________
From: (me)[mailto:[email protected]]
Sent: Wednesday, January 31, 2007 8:04 AM
To: Robert McDowell; dtaylortateweb; Jonathan Adelstein; Michael Copps; KJMWEB

Subject: satellite radio, interoperal devices as mandate (failed the consumer)

I would like to know the status currently, of the mandated interoperable devices as required by award of license to the satellite radio industry. specifically xmsr and sirius based on the perception of failure to implement the mandate as required, and if or when you plan to take some action on the behalf of consumers as its become painfully clear,and costly to the public they serve collectively..........at least one of the parties or both, has done all they can to prevent this from moving toward closure within the total sprit of the Fcc vision mandated.

thanks for your help (me)

 

[smashedcd]

why merge to get what the fcc mandated for the public.

Dear xxxxxxxx,
Thank you for contacting the Federal Communications Commission. XM and Sirius filed a joint letter dated March 14, 2005 outlining some progress in to develop interoperable technologies. This can be viewed at http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6517501376.

To voice your concerns in this proceeding (Docket 95-91), your comments should be directed to the Commission's Electronic Comment Filing System (ECFS) at http://www.fcc.gov/cgb/ecfs/. At http://gullfoss2.fcc.gov/prod/ecfs/upload_v2.cgi, you may file your comments concerning 95-91.

For additional information concerning filing comments, please visit this website: http://www.fcc.gov/cgb/consumerfacts/howtocomment.html. You may petition the Commission to issue a rulemaking on this matter. Under Title 47 of the Code of Federal Regulations, section 1.401 (47 CFR § 1.401), "Petitions for Rule Making", any interested person may petition for the issuance, amendment, or repeal of a rule or regulation. 47 CFR §§ 1.49, 1.52, and 1.419(b) provides conformance requirements for petitions for rulemaking and the method of submission, i.e., petitions are addressed to the Secretary, FCC, Washington, DC 20554, or may be submitted electronically. 47 CFR rules may be accessed from the link at: http://wireless.fcc.gov/rules.html. Thank you again for your interest in satellite radio equipment interoperability.

Mike Landis
Consumer & Governmental Affairs Bureau
Consumer Inquiries & Complaints Division1-888-225-5322
________________________________
From: (me)[mailto:[email protected]]
Sent: Wednesday, January 31, 2007 8:04 AM
To: Robert McDowell; dtaylortateweb; Jonathan Adelstein; Michael Copps; KJMWEB

Subject: satellite radio, interoperal devices as mandate (failed the consumer)

I would like to know the status currently, of the mandated interoperable devices as required by award of license to the satellite radio industry. specifically xmsr and sirius based on the perception of failure to implement the mandate as required, and if or when you plan to take some action on the behalf of consumers as its become painfully clear,and costly to the public they serve collectively..........at least one of the parties or both, has done all they can to prevent this from moving toward closure within the total sprit of the Fcc vision mandated.

thanks for your help (me)

i dont want a merger. i like and have both services.

 

[tankedsecondchance]

this information is from a closed board......

I know the person that made the comments, I will only say they are a rather large investor.that has complete faith in satellite radio and sirius going forward...

This past week has been very illuminating. I can finally see the light and it's the dog star shining bright and its about to get even brighter. Mr. (edit) is right, he does know things. I have run across several documents that have helped paint a more clear picture - and on Friday, our suspicions were confirmed. Thursday I spoke with someone from Kevin Martin's office at the FCC and received a return phone call Friday morning. In so many words, they acknowledged the information is true. They couldn't go into great detail as certain aspects of this information is in committee and under review. Let's just say it has to do with the FCC Mandate and both companies haven't been exactly up front on this matter. More to follow......

 

[tankedsecondchance]

heres some more background on what sirius and xmsr agreed to on technology. note the date of the joint press release and the document,it should have been presented to the fcc and sec as part of the overall technology agreement they entered into for the interoperal device issue as mandated

another person is working on locating the related information for the lawsuit that was dismissed when this agreement was reached....

EXHIBIT B

PRESS RELEASE

PRESS RELEASE

For Immediate Release

Sirius Radio and XM Radio Form Alliance to Develop
Unified Standard for Satellite Radios


New York, NY and Washington, DC -- February 16, 2000 -- Sirius
Satellite Radio (Nasdaq: SIRI) and XM Satellite Radio (Nasdaq: XMSR) 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.

"This standard is good news both for consumers and for the category," said
David Margolese, Sirius Chairman and CEO, and High Panero, XM President and
CEO, in a joint statement. "This will allow for reduced subscriber
acquisition costs, more satellite radios in the marketplace, and a
simplified choice for consumers."

The unified standard will represent a second generation of satellite radios.
At the time of the commercial launches of XM Radio and Sirius, consumers
will be able to purchase radios capable of receiving one of the two
companies' broadcasts. These radios are already being developed by leading
electronics and automotive manufacturers. XM and Sirius will work with their
existing automobile and radio manufacturing partners to integrate the new
standard under the terms of their existing agreements. All future agreements
with automakers and radio partners will specify the new satellite radio
standard.

XM Radio and Sirius are each building a digital satellite radio service for
consumers, offering up to 100 channels of audio entertainment for a monthly
subscription fee of $9.95. For more information about the companies, visit
XM Satellite Radio at http://www.xmradio.com and Sirius Satellite Radio at
---------------
http://www.siriusradio.com.
-------------------

continues...


Sirius Radio and XM Radio Form Alliance
Page Two

Any statements that express, or involve discussions as to, expectations,
beliefs, plans, objectives, assumptions, future events or performance with
respect to Sirius Satellite Radio Inc. or XM Satellite Radio Inc. are not
historical facts and may be forward-looking and, accordingly, such statements
involve estimates, assumptions and uncertainties which could cause actual
results to differ materially from those expressed in the forward-looking
statements. Accordingly, any such statements are qualified in their entirety by
reference to the factors discussed, as the case may be, in XM Satellite Radio
Inc.'s registration statement on Form S-1 (File No. 333-93529) filed with the
Securities and Exchange Commission or Sirius Satellite Radio Inc.'s Annual
Report on Form 10-K for the year ended December 31, 1998, filed under the
company's former name, CD Radio Inc. Among the key factors that have a direct
bearing on the companies' results of operations are the potential risk of delay
in implementing the companies' business plans; increased costs of construction
and launch of necessary satellites; dependence on satellite construction and
launch contractors; dependence on third-party technology partners; risk of
launch failure; unproven market and unproven applications of existing
technology; unavailability of satellite radio receivers; and the companies' need
for additional financing.

###############

[EDIT]


[EDIT-privacy concerns]

 

[tankedsecondchance]

http://http://www.nypost.com/seven/02192007/business/heavenly_deal_business_peter_lauria.htm

February 19, 2007 -- Satellite radio operators Sirius and XM are expected to announce their long-awaited merger today, according to a source familiar with the deal.
The two sides were locked in negotiations over the weekend trying to hammer out a final agreement with an eye toward going public with the merger today in Washington, D.C., where XM is based, this source said.
Talks were still going on at press time and the deal could fall apart at any time. With antitrust issues of paramount importance, this source said lawyers for both companies were working overtime to fine-tune the language of the agreement and frame the discussion around the deal itself and not regulatory concerns.

 

[SirFreebie1975]

its official!!!
ABC News is saying that they have "confirmed" the merger between XM and Sirius.
http://abcnews.go.com/

 

[Oldbones]

This is a legal question. Why wouldn't a merger work between Sirius and XM. I think it would be awesome. In fact I'd be willing to pay 25 or more a month for a combined service with all the programming between the two as of right now.

I doubt there are many who agree with you. As it is, they've pretty much run out of people willing to pony up $13/mo...why do you think anyone would pay double? Merging 2 weak companies doesn't necessarily equal one strong one...witness the merger of Sears & Kmart a few years ago.
Secondly, I'd guess that redundant services would be eliminated...assuming this merger passes FCC & DOJ muster, why would they want to waste bandwidth with multiple similar formats? They don't need 2 80s formats, etc. The one to go might be the one you prefer.

 

[smashedcd]

This is a legal question. Why wouldn't a merger work between Sirius and XM. I think it would be awesome. In fact I'd be willing to pay 25 or more a month for a combined service with all the programming between the two as of right now.

I doubt there are many who agree with you. As it is, they've pretty much run out of people willing to pony up $13/mo...why do you think anyone would pay double? Merging 2 weak companies doesn't necessarily equal one strong one...witness the merger of Sears & Kmart a few years ago.
Secondly, I'd guess that redundant services would be eliminated...assuming this merger passes FCC & DOJ muster, why would they want to waste bandwidth with multiple similar formats? They don't need 2 80s formats, etc. The one to go might be the one you prefer.

i pay 42.00 a month

 

[Al Timiter]

I like the idea of inter-operable technologies. The merger is bad for consumers though. As someone just pointed out, you can bet that duplicate formats will be eliminated. Cost-cutting is what made the deal so attractive to the two principals. While I totally understand your attraction to both services and your willingness to pay $42 a month, I just don't think most people would or could pay that much.

 

[tankedsecondchance]

they have currently admited that users of certain devices could obtain today, content from either service ....but its up to the oems.....

this is from the joint conference call

please note the current chipsets in use will allow content from either service

Q follow up: At what point in time will you begin to migrate users to the dual chipset?
A: (GARY) We can work with an exclusive OEM to allow for a dual-content through the current chipset - it's just negotiations with the content partners

its also worth noting the birds currently used can broadcast on either sector of the sdars band.

heres a patent from euorpe, for xmsr.

via satradtechworld

for a signal to signal converter......its worth noting the recent patent on xmsrs hybrid orbital paths first showed up in euorpe.....

http://satelliteradiotechworld.blogspot.com/2007/02/xm-has-patent-application-published-to.html

the good news hidden in all of this is the interoperal device issue has been put into play on day one..

melvin is nobodys fool that issue even with a failure to complete the merger, will become a requirement for the sector going forward..

you will soon see free to air always on advertising supported channels....to compete better with other audio services

this was the least risky way for sirius, to obtain access to the badly needed spectrum and mels the right guy to sell the combined concept to the regulators,that process will start on the hill on the 28th.

 

[tankedsecondchance]

xmsr had the 4th quarter conference call today......the recent extended deals were made to lock xmsr units and content into the dashboard.....as a single provider in case the deal blows up...... that said, it sounds like some aftermarket retail units being produced now will work with either service but may require a firmware update to obtain the others service...

im thinking both companys are less then honest on the interoperal issue. and if you would like the option you may need to voice your concern with the fcc, before they make any new rules, or allow the merger to proceed under the current oem contracts...

mel was on sterns show today for about a hour talking about the merger

http://www.fmqb.com/Article.asp?id=357762

Karmazin stressed similar themes found in last week's press conference announcing the merger, stating he thinks it will be approved because they aren't competing with XM, but rather with all the other audio entertainment options. He also pointed out that terrestrial radio annual reports list satellite radio as a competitor.

"We all know we've been competing with terrestrial radio so it's very hard for somebody talking about a monopoly of satellite radio, there really is no satellite radio market, there is an audio entertainment market," said Karmazin. "The fact that anyone would think we are not competing with terrestrial radio really is not even an argument that can be made."

Karmazin also revealed there was a meeting with all five FCC commissioners last week after the merger announcement, saying he was met with "skepticism

 

[tankedsecondchance]

read the points and comments, made by the international bureau and the FCC ,when granting the permission for the launch of the new geostationary bird Sirius FM-5..

it reads something along the lines of this, " the grant is issued without prejudice to any action the FCC might take regarding the requirement to produce an interoperable satellite radio."

has Sirius and xmsr just been put on notice!!

will action be taken to force this issue, I think this was one of the items Melvin planned or hoped for all along....

just click on the link below and scroll down a page or two..

its interesting for sure...

http://svartifoss2.fcc.gov/servlet/ib.page.FetchAttachment?attachment_key=560827
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