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You have to read between the lines to see it, but it seems even more clear now than it ever has. Sirius (SIRI) and XM (XMSR) are not going to give up spectrum to facilitate the merger. Mel Karmazin and David Frear both stated in strong terms that they are not going to do anything that is not in the best interest of shareholders and subscribers, and that they would walk away from the deal if it came to that. Giving back spectrum would harm both shareholders as well as existing subscribers.

Consider that Sirius and XM have promised that existing radios would work, and that existing subscribers would still have access to the quantity and quality of programming that exists today. If Primospere were to get 30% of the spectrum, how could Sirius and XM keep their promise? The same is the case for the Georgetown Partners proposal seeking 20%. In either situation, both subscribers and shareholders absorb the pain.

Simply stated, the Primosphere plan is a deal breaker. So is the Georgetown Partners plan or any plan seeking a swath of the current spectrum. They are all deal breakers.

Sirius and XM have committed to 4 channels each (a total of 8 channels). Perhaps that will become 10 channels total, but they are not giving up spectrum to accomplish this. Public Knowledge has sought several conditions in the merger process, and much of what they are seeking can be accomplished if the merger is allowed to proceed without further cannibalization. However, if Primosphere or Georgetown were to get their way, none of this can be accomplished. Georgetown recently committed to Public Knowledge and Media Access Project that they would facilitate the goals of each IF Georgetown got their 20% AND these groups got what they were seeking. This will never happen, and hopefully Public Knowledge and Media Access Project are aware of this. The Georgetown proposal is a deal breaker.

The FCC now needs to consider whether they want something or nothing. If the FCC wants A-La-Carte, Interoperable Radios, some Public Interest A programming, and Open Access, it will only happen with a merger. If the FCC steps into the realm of stripping away spectrum, they will squash the deal and then none of the consumer benefits will come to fruition.

Simply stated, the merger and all of the benefits will not happen if spectrum loss is part of the equation. The FCC, Public Knowledge, and others need to weigh the benefits that can be brought vs. the thought of having the merger fall apart, and a status quo situation (Sirius and XM with exclusive OEM deals, exclusive content, no interoperability, and no A-La-Carte) for current subscribers as well as future subscribers. There are 17 million existing subscribers that have a certain level of service right now. To disrupt that service or take away from it is something that the FCC should weigh carefully. Many existing subscribers are the very people that have committed to and are fans of satellite radio. To take away from these subscribers would be a disservice to them.

Georgetown’s Proposal - Deal Breaker
Primosphere Proposal - Deal Breaker
Public Knowledge Proposal - Workable
Media Access Proposal - Workable

At this point the cards are on the table. If this was not clear to people earlier it should be now.

Position - Long Sirius - Long XM

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  •  
    COS1000, Anything green has been doing so well, bought BWEN,at 12.32, unfortunately only 200s-don't know how much longer the virticle line will cont. before a pullback. Keep seeing the ethonol stock rise and fall in my mind. Thanks.
    2008 May 19 12:00 PM | Link | Reply
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    Killerkaul.... correction NCEN is my wind energy, LDK was solar....I get so confused some times...sorry man
    2008 May 19 12:35 PM | Link | Reply
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    killer and cos, are these stocks good? By good, I mean have they done the right thing and given GTP a "fair" portion of their company for being minorities. Or are they just greedy devils that want what they have worked for, for themselves and their investors? Just curious.
    2008 May 19 01:02 PM | Link | Reply
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    On a different note. I watched my Cavs get beat by the "Irish" I mean Celtics on Sunday. Why is that WHOLE team "Irish"? Sorta seems wrong to me. Maybe I'm just bitter from the loss.
    2008 May 19 01:08 PM | Link | Reply
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    killerkaul....I'm just curious. Did you stay away from Sirius before the call? That pullback after the call, that's happening now, is what 163888 and I were talking about. As the daily volume drops with "no news" so does the stock price. Keep some powder dry.....
    2008 May 19 01:32 PM | Link | Reply
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    O.K. I am back, holy crap I leave for a few hours and most of the the market I am in gos to pot.
    2008 May 19 02:27 PM | Link | Reply
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    Why is XM suddenly tanking? Did I miss some news?
    2008 May 19 02:52 PM | Link | Reply
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    killerkaul, No I dont have those, and I just told pain on the 16th on the article before this one (the one that says FCC determined to establish their auth.) I sold the 400 shares of DRYS I had at 111.
    2008 May 19 02:56 PM | Link | Reply
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    I think any of these green stocks are scary the shoes are droping on this crap about people causing global warming. Before you know it they may tank. Did anyone hear about the next ten years now are supposed to be getting colder, not warmer. This is the kind of news I am talking about. Most may not remember this but the same people that are saying there is global warming, were saying 20 years ago there was going to be a ice age coming. When the news comes, that all this hype is wrong watch all those solar stocks slide like a avalanche, most may not know this but solar panels today only have about 30% productivity and need to be at least 70% to be viable replacement.
    2008 May 19 03:25 PM | Link | Reply
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    Sirius Fan, the news was there was no news. Thats enough to bring SIRI down at this point.
    2008 May 19 03:37 PM | Link | Reply
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    Cos1000, I started buying siri on Cramer's recommendation two months before the DOT blessing. In combination with info from Tyler's,163888's,NotVe... and your comments on the blogs. I traded it back and forth from 3.50 to 3.75 , and finaly held at 3.50, buying down all the way to 2.38, thinking the FCC might pass the merger at any moment. I'm still waiting. I may start to trade back and forth again, if they don't stop draggin their asses. I'm sure getting tired of having all this money tied up, and having to pass up so many other good sectors. Oh well. What do you do?
    2008 May 19 03:57 PM | Link | Reply
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    163888...who said you could leave anyway? you didn't leave anyone at the controls and all my stocks went to sh-t too, nice job. just kidding.

    Sirius Fan, look at my post above on SIRI to killerkaul at 5/19, 1:32 PM. "No news" is all it takes for both of these stocks to float down, although todays volume was pretty normal, watch out if the volume drops off, they'll trade lower still.

    163888...Science aside, oil prices at these levels is more of a trigger than the science... All the talk about approaching "Grid Parity" with coal and gas and new money anticipated from the inevitable Democratic President with a democratic congress is a pretty good stimulus for these stocks and their "GREEN" too. The new democratic congress is going to remove oil subsidies and feed these fledgling green companies whether they pan out or not. There won' be a President elected who would dare to veto that bill. Even McCain, especially if we have $4/gal going into Winter. If oil prices tank so won't these companies, but that's about all that going to stop them in the short term, (now 'til the end of the year)
    2008 May 19 03:58 PM | Link | Reply
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    cos1000, Well said, and I can agree totally with it. I myself will stay out for personal reasons. If you read the last comments to pain on the last article, You will see I got out of DRYS even though I would have stayed in until at least a few months after the split that is coming soon for personal reasons. I should have held off on my convections for another few trading hours though.
    2008 May 19 04:37 PM | Link | Reply
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    There is local number for the Washington D.C. Metro area 202-418-0437 for the FCC

    I was unsuccessful with the toll free number.

    Certainly as I have posted before on Tyler's site-----spectrum that Siri and XM own should not be given away to Georgetown Partners or to any other entity that want's a piece of the business they did not build.

    It is a shame, a real shame, that a few Congressmen and a few Attorney Generals aligned with the Democrat Party made an attempt to block this merger approved by the DOJ by lobbying the two Democrat members of the FCC------a real shame that we are being denied this world-class
    system.

    I was so very proud that Sirius-Satellite broadcast the Nascar, the NFL, the Pope's visit, the Frank Sinatra Special and so much more.


    2008 May 19 04:40 PM | Link | Reply
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    Killerkaul, nice playing the channel, I would have waited til it got a little higher, but then again I am a greedy bastard. I hate to say this but when I saw the earnings for the quarter I was really disappointed. So I sold the 2000 extra shares at 2.85. Now for the I hate to say part: I would like it if no news comes out until it hits 2.5 so I can get those extra shares back.

    Also my convictions will only go so far, so if DRYS gets down to 98 I will buy back 200 shares. I hold that veiw until July then I would wait til Jan. or 60 something to buy back.
    2008 May 19 04:57 PM | Link | Reply
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    Roxieanne, I cant agree more, here here, well said.
    2008 May 19 05:01 PM | Link | Reply
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    163888....I understand.. conviction is important. In following my own advice I sold 5000 sh SIRI at 2.85 right before the call on Monday. I'm looking to start getting back around $2.4 - $2.6 if the channel plays out, also. That ceiling at $2.85 is to hard to resist without any other catalysts, FCC news. It is what it is. I keep trying to accumulate shares while I wait. I certainly have paid my dues, as have others, over the last three years. On one of these cycles, I'll be wrong, the FCC will give us what we're waiting for and I'll jump in anyway with this money. Meanwhile it keeps me interested...
    2008 May 19 06:40 PM | Link | Reply
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    cos1000, I have to say I normally do not play in the channel this much. Like you, for me it is something to keep me occupied. I have to say though you were more intelligent then I though. I only sold the extra 2000 I bought because it was so low, but I should have sold the other 3,000 I normally use to mess around with. I usually wait til it gets to 2.95 - 3.20 for that though.


    For all those democrats out there, that want this merger to go through, and think it is the republicans holding this up or think this would have gone better if a democrat got into office instead of Bush. Read the Reuters atricle, "US Antitrust lawers say Obama maybe optimisic". It shows just which ideology is the one that is for mergers in general. I will tell you this much now, IT IS NOT THE DEMOCRAT IDEOLOGY.
    2008 May 19 08:00 PM | Link | Reply
  •  
    killerkaul.....great call on BWEN ....all it takes is someone like "Boone Pickens" to say oil is going to $157/barrel. By the way Boone also invested $10 Billion in Wind Energy as a venture capital investor/financier in Texas. That was announced a day before his crystal ball on oil today 5/20...interesting.
    2008 May 20 07:28 PM | Link | Reply
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    Cos1000, Those guys just can't help but step in it, can they. We should all be so lucky. Long the Big Blue Dog!!!
    2008 May 20 10:25 PM | Link | Reply
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