Has the FCC Gone Communist? 74 comments
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It’s bad enough that the FCC is against free speech and the First Amendment. Now it’s against capitalism. Get a load of commissioner Jonathan Adelstein’s ridiculous conditions on the long, long, long overdue Siriux-XM merger:
He told the companies that they would have to agree to cap prices for their service for six years after the merger, set aside one-quarter of their radio spectrum for noncommercial and minority programming and equip satellite receivers with high-definition over-the-air radio signals to ensure that traditional radio will be able to compete with the monopoly.
Disclosures: I’m a Sirius stockholder, a Sirius customer, and a Howard Stern fan and speaking as one customer, this merger is good for me. I don’t need you to protect me, sir.
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This article has 74 comments:
bulleye!
I agree with you 100%, as I believe 95+% of us Sirius subscribers (and I am two, as I have two subscriptions) agree with you...
fcc commissioners' conditions for the approval of the siri-xm merger are excessive. they are discouraging entrepreneurship.
to fcc commissioners - regulate, not destroy.
- no business establishments, no consumers.
ContributerTotal
DLA Piper $100,950
AT&T Inc $92,600
Time Warner $76,000
Mintz, Levin et al $67,050
Viacom Inc $66,350
News Corp $57,500
Cassidy & Assoc/Interpublic Group $57,000
Walt Disney Co $50,850
Akin, Gump et al $50,250
Comcast Corp $49,500
Feeley & Driscoll $46,500
Sprint Nextel $43,750
Covington & Burling $42,450
Qualcomm Inc $42,204
General Electric $42,000
Cassidy & Assoc $37,300
GTCR Golder Rauner $36,800
Paloma Partners $36,500
Raytheon Co $35,600
National Assn of Broadcasters $33,300
It's such a shame that an official of our government could be allowed to try and destroy a business while getting paid off by opposing business. How does anyone live with themselves while knowingly committing acts against the citizens he's sworn to work for.
Shame on you Jonathan Adelstein.
Nah, who am I kidding? The entire system is so corrupt now there's no saving it.
FOR THE RECORD DOES ANYONE KNOW IF OBAMA OR MCCAIN SUPPORT THE SIRIUS / XM MERGER?
EXPECT ANOTHER POP IN PRICE MONDAY AS THE MERGER GETS CLOSER TO BEING APPROVED. MY GUESS THIS WEEK IT'S A DONE DEAL AT $4.00-$4.60 ON THE MERGER NEWS.
GREAT TO THE POINT ARTICLE JEFF!!!!
I wonder, will Adelstein and Markey and Tate impose a 6 year cap on HD radio fees (yes, HD radio can be subscriber only- it's called conditional access)? Going head to head with a paid service is the next step of the broadcasters and HD radio.
Chairman Martin's Contact Information
Room: 8-B201 • Phone: 202.418.1000 • E-mail
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
More FCC Contact Information...
Phone: 1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Fax: 1-866-418-0232
E-mail: fccinfo@fcc.gov
Commissioner Copps' Contact Information
Room: 8-B115 • Phone: 202.418.2000 • E-mail
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
More FCC Contact Information...
Phone: 1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Fax: 1-866-418-0232
E-mail: fccinfo@fcc.gov
Commissioner Adelstein's Contact Information
Room: 8-A302 • Phone: 202.418.2300 • E-mail
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
More FCC Contact Information...
Phone: 1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Fax: 1-866-418-0232
E-mail: fccinfo@fcc.gov
Commissioner Tate's Contact Information
Room: 8-A204 • Phone: 202.418.2500 • E-mail
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
More FCC Contact Information...
Phone: 1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Fax: 1-866-418-0232
E-mail: fccinfo@fcc.gov
Commissioner McDowell's Contact Information
Room: 8-C302 • Phone: 202.418.2200 • E-mail
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
More FCC Contact Information...
Phone: 1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Fax: 1-866-418-0232
E-mail: fccinfo@fcc.gov
this should be our new preamble.or better yet instead of U.S.A. maybe it should be
L.O.T.A.D.
LAND OF THE ALMIGHT DOLLAR.
Is proposal speaks for it's self.
Room: 8-A302 • Phone: 202.418.2300 • E-mail
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
More FCC Contact Information...
Phone: 1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Fax: 1-866-418-0232
E-mail: fccinfo@fcc.gov
Commissioner Tate's Contact Information
Room: 8-A204 • Phone: 202.418.2500 • E-mail
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
More FCC Contact Information...
Phone: 1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Fax: 1-866-418-0232
E-mail: fccinfo@fcc.gov
FORCE TATE IN APPROVING THIS MERGER THIS WEEK!!!
ADELSTEIN HAS NO RIGHT TO ASK FOR SUCH HEAVY CONCESSIONS FROM BOTH SATRAD SUBSCRIBERS AND THEIR AILING STOCKHOLDERS. HOLDING THESE TWO SMALL "MADE IN THE USA" COMPANIES AT BAY FOR ALMOST 500 AGONIZING DAYS WHILE SCORES OF COMPETITION (MUCH OF IT FOREIGN) HAVE BROUGHT NEW TECHNOLOGIES TO MARKET IS A TRAVESTY IN ITSELF ! IT DEFINITELY FORTIFIES THE CLARITY OF THE DOJ’S DECISION. THE FCC MUST CONCUR!
PRICE FREEZING FOR SIX YRS IN THIS (OR ANY) ECONOMY IS SUICIDE THAT IS RECOGNIZIBLE BY EVEN THE DUMBEST OF US. MY GOVERNMENT CAN'T EVEN MAINTAIN THE PRICE OF A SIMPLE POSTAGE STAMP YET YOU ASK ME TO ALLOW YOU TO FURTHER RISK AND IMPEDE THE SUCCESS OF MY INVESTMENTS AND CONSEQEUNTLY MY PERSONAL LISTENING PLEASURE AS WELL. THIS IS NO LONGER ACCEPTABLE UNDER ANY CONDITIONS SIRS !!!
FURTHERMORE, EXTRACTING ANY REFERENCE FROM THE LONG DEFUNCT ECOSTAR MERGER, BESIDES INSULTING, HAS CLEARLY NO CORRELATION TO THE ISSUES OR BENCHMARKS AT HAND. IT STRONGLY ADS, HOWEVER, LUCIDITY TO THE FEEBLE SMOKESCREEN WHICH ACTUALLY REVEALS ADELSTEIN'S CONCRETE ALLEGIANCE WITH MARKEY, NAB, GEORGETOWN AND THE LAW SCHOOL KIDS. IT IS MORE OBVIOUS THAN EVER THAT THAT GROUP, AS A WHOLE , ARE SCRAMBLING IN DESPERATION, FEAR AND COLLUSION TO DEBILITATE THEIR WORTHY SATRAD OPPONENT AT ALL COSTS. ADELSTIEN’S OWN WORDS OVBIATES THIS POINT BY HIS REDICULOUS DEMANDS WHICH PARALLELS THE OPPOSITION DAMN NEAR LINE FOR LINE !!! THIS IS NOTHING SHORT OF CRIMINAL. POLITICALLY CRIMINAL !!!
WHAT IS EVEN MORE CRIMINAL, SIRS, IS THE TRUE STRANGLEHOLD THAT THE NAB AND, OBVIOUSLY, ANY NEW UNESTABLISHED FLY- BY-NIGHT SPECIAL INTEREST MILLIONAIRES CLUBS HAS ON YOUR FOCUS. YOUR FOCUS MUST RETURN TO ME AND MY FAMILY, THE AMERICAN CONSUMER!! WE ARE PEOPLE YOU ARE SWORN TO SERVE!! IT IS ALSO CRYSTAL CLEAR THAT THIS HAS BEEN THE STATUS QUO FOR SOME TIME. THIS OPPORTUNISTIC TRAVESTY MUST END IMMEDIATELY !!!
COMMISSIONERS, YOU MUST TAKE ADVANTAGE OF THIS CRITICAL OPPORTUNITY TO RID YOURSELVES OF THE NAB GORILLA AND ITS FLYS THAT HAVE PLAGUED AND CONTROLLED YOU FOR YEARS. THE AMERICAN PUBLIC HAS ALREADY SPOKEN!! YOU MUST LISTEN TO US !!! 20,000,000 SUBSCRIBERS PLUS COUNTLESS OTHERS CAN’T BE IGNORED !!! NEW SUSCRIBERS AT THE CONSISTENT RATE OF 4-5000 PER DAY 24/7 ARE EVIDENCE ENOUGH TO HELP YOU MAKE THIS DECISION TODAY!
DEAR COMMISSIONERS- STOP HELPING ME!!! LET ME DECIDE WETHER OR NOT THIS LUXURY ITEM IS A VALUABLE SERVICE. QUIT, IMMEDIATELY, THIS CIRCUS PARADE OF SPECIAL INTEREST GROUPS WHOSE VIEWS AND NEEDS DO NOT REPRESENT ME !!! STOP, STOP, STOP BANKRUPTING MY INVESTMENTS AND MY DREAMS!! THEY ARE NOT , I REPEAT NOT, YOUR PROPERTY !!! YOU HAVE NO RIGHT TO ANY OF IT WITHOUT MY PERMISSION, WHICH YOU DO NOT HAVE!!!!! QUIT GIVING AWAY WHAT DOES NOT BELONG TO YOU!
COMMISSIONER TATE, YOU MUST COUNTER TODAY WITH THE VOICE OF PRUDENCE, COMPROMISE AND REASON. I INSIST THAT YOUR FOCUS RETUN TO ME, THE AMERICAN CONSUMER AND INVESTOR !!! YOU MUST NOT SHRINK FROM YOUR RESPONSIBILITY TO ME!
ENOUGH IS ENOUGH !!! APPROVE HIS MERGER WITH REASONABLE TERMS SO WE ALL CAN WIN
THE STOCK IS STARTING TO POP BACK UP WHICH IS GOOD. THE STREET KNOWS IT'S A DONE DEAL AND IF PEOPLE DONT WANTTO HAVE SO BE IT NOBODY IS FORCING THEM TO HAVE IT OR KEEP IT.
ADELSTEIN, OR BETTER YET WE CALL HIM "IDLESTEIN" GOT HIS HANDS IN OUT POCKETS. LETS SHOUT DOWN "IDLESTEIN" ON BEING IDLE ON THIS MERGER FOR SO LONG. WHAT "IDLESTEIN SAID LAST WEEK HE COULD HAVE SAID A YEAR AND HALF AGO.
MARTIN HAS LOST CONTROL AND DROPPED THE BALL A LONG TIME AGAIN. THE FCC SHOULD HAVE NO SAY ON ANTI TRUST ISSUES IT IS BETTER LEFT WITH THE DOJ. HANG ONE THIS WILL BE DONE REAL SOON. $4.00-$4.60 ON THE MERGER BREAK OUT.
you sound more interested in the merger for yourself in stock holdings.this is about the almighty dollar.but not yours.this is about people on the take.you give me a little and i will do what i can for you.bottom line.
give me a little extra and i will try a little harder.
i am a share holder,way before stern was announced.i do believe it will go thru.but the article was based on the almighty dollar so to speak.if the people should ever get tired of what OUR GOVERNMENT IS DOING,we need to find a way to make them accountable.
does your name have to do with law enforcement?
if it does thank you for doing that horrific job.
Stan Muse - (I) Georgia
On a slightly different note: while I realize that regulation is generally a bad thing, deregulation of terrestrial radio is what rendered it unlistenable, and created the NEED for satellite radio. Imagine if the merger is allowed and ClearChannel someday buys the resulting company -- radio would be uttely dead (again).
Perhaps the FCC realizes how its idiocy destroyed radio, and hopes to prevent another catastrophe.
Nah - it's about the money.
I just cannot believe any federal judge would deny the injunction.If he/she did we might as well turn off the lights
Vapor
what the big problem is if either one went belly up before they merged,the one left would be out soon and here is why.
someone with money would come in and buy the one out of bk.then they would have no debt so to speak.where would that leave the other one?to file also.that would leave us out in the cold.
Adelstein is talking from Georgetown partners talking points. Directly. He knows that there are 3 yes votes. He is trying to extract conditions. Sirius knew that they would have to give up something and they will give up 50 channels and 4 years of price freezes. Big deal. They will gain that many subscibers who will be willing to sign 4 year contracts for fixed prices over that term. How many of those customers will know that those were legally required? They can market it that way. A la cart will not be included in the fixed price deal. Also, I can see porn channels coming out in a la cart that could be charged at premium rates. (yes....porn.) If cable can do it, why cant radio?? They could charge 40 bucks a month for 5 porn channels.
I wish the universities had done a better job teaching communism. At least I'd have a better framework for investing. Maybe Georgetown partners should write a textbook and the FCC should publish it. Now there's an idea.
"How to destroy the wealth of nations".
Sirius and XM shareholders have put up a ton of risk capital, as I learned it in college. It would be a shame, and go against everything free-market, to allow this agency to legislate control over the proprietary networks established by Sirius-XM.
This article was extreme. But, sadly, the author is dead on! And it is why I hope the shareholders of Sirius-XM file for a class action lawsuit when this is all said and done, in the true american spirit!
The FCC commisioners are seriously abusing their power for not taking a decision on XM-Sirius deal for a record many months in hostory. They are also heeding to the advice of the regular radio lobbies instead being neutral while tking merger decisions.
It is a clear case of abusing the power these FCC commisoners are wielding.
I listen to Sirius because terrestrial radio is awful. The programming and content is not entertaining. So based on that assesment, satellite is not even competing with them
Let me tell you what would happen if a communist government was making a decision on this merger. They would dissolve both companies in addition to terrestrial radio to create a government controlled radio entity, consisting of only government sanctioned and run radio programming.
What we have here is not communism - it is in fact quite the opposite. I think its more like capitalism to its extreme, where money and political power go hand in hand, and companies/industries dictate the political process.
Get a clue.
At the point government controls private enterprises, it's communism. Listing degrees of government control is simply splitting hairs.
While I have no problems with 'monopolies', because I think the market will mediate them eventually -- like Microsoft, for instance, which had vast control for many software applications like Internet Explorer, and Windows, has begun to lose significant market share to other offerings with no goverment assistance to those alternatives.
Nevertheless, I have cannot understand how Siri/XM can be called a monopoly. First of all, there was a time when SIRI did not exist, and XM was the SOLE PROVIDER of Satellite Radio! Was there any talk of a monopoly back then?
I'm a Sirius subscriber, and I do not own the stock. The reason I got Sirius was because I hated listening to the public radio stations that played the same songs, which were constantly interrupted by commercials. I chose to Pay for satellite radio to replace terrestrial radio. REPLACE is the key word.
Before that, there were no options. Terrestrial Radio was the monopoly!!!
Under the guise of consumer interest, the NAB is trying to protect its interests in the name of capitalism , and the illusory claims of a monopoly. But the stark truth is that the NAB is simply reacting to its loss of monopolistic control over the radio waves and is using the FCC in its fight to sustain its own monopoly!
Siri/XM: Get your 100+ lawyers round the table.
Tell them to say YES to the FCC in legal terms, provisoning that
- OK 25% channels equalling 25% x 300 = 75 channels set aside, meaning ALLOCATED, not given away
- to be populated by those crowds of 75 minorities and what have you by 12 months, not later; If they are so longing for spectrum, they should hurry
- paying the normal lease for these channels meaning Siri/XM cost + a decent operating profit - whether they are commercial, generate income or not used at all
-pricecap for 6 years OK, YES, conditioned to economy factors, oilprices, birthrate, carsales, global melting etc. etc. whatever one can think of to contain the risk --
and go get this merger approved.
That cannot be a too hard job for Management and lawyers now, can it?
This way the dragging will stop, people can get back to busienss at hand, the merger can be consummated, loans can be organsized, subs can be attracted etc.
Isaac (long)
On another note, I am a Sirius shareholder and I was very pleased to see an offer on the table by an otherwise dead vote (Adelstein). Despite the offer having a few concessions that may be damaging to Satrad's business model, I think it puts pressure on Tate to make a decision and removes her ability to highjack the process.
The only concession I find troubling is the mandatory inclusion of HD radio in all satrad receivers... This would be fine, but who will be paying for them?
F-DA-FCC!
on the HD chips aspect: again, it is simple. The lawyers should say YES but -- of course we agree to the inclusion but obviously not at a subsidizing cost for Siri/XM.
Siri/Xm have invested millions over the years into the network and programming -- so now it's your / HD turn.
We agree to have your stuff included - here's our specs so talk to the Radio Manafacturers now and make a joint effort.
We SIRI/XM hav e nothing against at as long as you carry the cost.
Be surprised how fast that issue dies..?
Isaac
LETS ALL CALL IN NOW!!!!!!!!!!!!!!
I agree that XM/SIRI should accept even if it comes down to Adelstein's offer... The issue is how the combined satrad entity will be compensated for including the hd chips in their receivers. If they are given a certain amount per receiver, say $10, $20, $30 to include the hd chip, I would be more than happy with that.
Even with the HD chip in there, people will still pay for satellite radio. The truth is that HD radio doesn't even come close in (programming) quality to satrad. What traditional radio fails to understand is that people buy satellite radio for content, not signal quality. Therefore, HD radio will never catch on... Sirius and XM have spent literally billions over the past year to penetrate the car market - I just find it funny that terrestrial radio is pushing for this "concession" as a fix for their their poor HD product offering...
NAB and terrestrial giants are also tiptoeing on a very dangerous line when it comes to this merger. They are trying to equate themselves to satrad and this just may kill them in the long run, most notably because of song royalties. Eventually, record companies are going to demand the same royalties from terrestrial radio as they do satellite, which would turn the tide in favor of satrad in my opinion.
Thanks for your response Isaac.
DOES ANYONE AT THE FCC READ THESE COMMENTS OR ARE THEY JUST AN AUTOMATIC EMAIL REPLY?
I ASKED THEM TWICE THINKING PERHAPS THIS MIGHT SPUR A REPLY.
ANOTHER CASE IN POINT. THIS APPEARED TODAY 7/21/2008 IN THE NEWS. DOES ANYONE KNOW HOW TO GO ABOUT REQUESTING THAT THE FCC HAVE THEIR COMMISSIONERS PLACED UNER REVIEW FOR THEIR LAME ACTIONS REGARDING THE SIRIUS AND XM MERGER?
THE NEXT BLOG MOVEMENT - LET’S TAKE THE FCC TO COURT FOR THEIR INADEQUATE AND BIAS HANDLING OF THE SIRIUS AND XM MERGER. THEY WASTED THE TAX PAYERS TIME AND MONEY OVER THIS FRIVILESS JANET JACKSON INCIDENT WHERE THEY WERE RULED AGAINST. IT IS JUST ANOTHER CASE WHERE THEY HAVE ALLOWED LOBBYIST TO STEER THEM OFF COURSE.
EVERYDAY THEY MAKE THEMSELVES LOOK LIKE INCOMPETENT FOOLS. WHEN ARE THEY GOING TO ACT IMPARTIAL AND FORTHRIGHT? APPARENTLY THEY HAVEN'T SHOWN US THAT THEY ARE ABLE TO FAIRLY ADDRESS THE PARTICULARS OF THE PENDING MERGER.
A federal appeals court on Monday threw out a $550,000 indecency fine against CBS Corp. for the 2004 Super Bowl halftime show that ended with Janet Jackson's breast-baring "wardrobe malfunction."
The three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission "acted arbitrarily and capriciousl
So, shut up about communism in the USA - however, the FCC seems a remnant of that since it is a dictatorship under the cover of people's protection!
How come one Congress body can uphold and prolong a DoJ ruling on non-competiveness? And lame two businesses at that?
Incredible.
Here's my cure:It's so simple, really.
The FCC / Adelstein is laying it on the table.
Siri/XM: Get your 100+ lawyers round the table.
Tell them to say YES to the FCC in legal terms, provisoning that
- OK 25% channels equalling 25% x 300 = 75 channels set aside, meaning ALLOCATED, not given away
- to be populated by those crowds of 75 minorities and what have you by 12 months, not later; If they are so longing for spectrum, they should hurry
- paying the normal lease for these channels meaning Siri/XM cost + a decent operating profit - whether they are commercial, generate income or not used at all
-pricecap for 6 years OK, YES, conditioned to economy factors, oilprices, birthrate, carsales, global melting etc. etc. whatever one can think of to contain the risk --
and go get this merger approved.
- Of course you will have a monitor - don't we all these days? We all need an enforcer - it's fashionable! Just say YES; next year's different.
That cannot be a too hard job for Management and lawyers now, can it?
This way the dragging will stop, people can get back to busienss at hand, the merger can be consummated, loans can be organsized, subs can be attracted etc. Let's move on!
Isaac (long)
this is about greed nothing more.
by a person who is not there for the people.and i wil make my plea one more time
"WE THE PEOPLE ON THE TAKE OF THE UNITED STATES OF AMERICA"
PLEASE UNDERSTAND THIS WHEN YOU VOTE THIS NOV.
On Jul 21 09:02 PM shash wrote:
> Price freeze for six years? Try this with all our institutions to
> strengthen our economy. Won't happen without political suicide. Might
> as well look for another job that requires less common sense.