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I'll say what is currently on everyone's mind. What a complete disaster this whole Sirius / XM (SIRI) situation has become.  As I write this I have watched SIRI officially become a penny stock again; levels that have not been seen since it emerged from bankruptcy a few years ago. The stop loss is your best investment friend, folks.

How can our Government have allowed the FCC to drag their feet for 18 months without mandating a time restriction on future decisions?  Yes, yes, of course we all realize that there are many other important issues to be addressed that our Government is dealing with. The energy crisis that caused the auto crisis and food crisis, the housing crisis that caused the credit crisis, the Iraq crisis that caused a world crisis, and so on and so forth.  I would, however, like to point out that gross negligence of this magnitude in one of our branches of government certainly deserves a second look at a minimum. After all, our whole system hinges on public faith. Take a look at the consumer confidence index right now and you will see the level of faith I speak of. 

Why did they not pay attention to what every professional analyst in the world was screaming? The longer the merger decision was put off, the more damage they do to the company. Think about that. The FCC knowingly damaged a company. Either an acceptance or a rejection of the merger in a timely manner would have put Sirius in a much better position. Anyone with an IQ over 50 and just a little bit of  morality would have acted upon this issue regardless of NAB opposition.  Ah, morality and politics, what am I thinking?   We cannot tarnish that FOR SALE sign now can we?

Kevin Martin, Michael Copps, Jonathan Adelstein, Deborah Tate, and Robert McDowell: You have done the NAB's dirty work for them. Please accept my heartfelt congratulations on being one of the worst teams of politicians in history.

Run Forest, run.

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This article has 27 comments:

  •  
    bravo-someone with balls
    2008 Sep 11 07:02 AM | Link | Reply
  •  
    Copy of email sent to FCC Board:

    Dear FCC Board,

    I won't hide the fact that I have been a Sirius Satellite Stock-holder for at least 6 years. I own the stock and purchased shares for my 2 sons as college graduation presents. I had faith in this new idea that would do a better job delivering what consumers wanted in pay-radio.

    Your Board was directly responsible for the impetus of the current decline in the stock value. Your lack of foresight and deplorable timing with regard to making a decision on the merger with XM was more than just bad judgement; it was a forfeiture of your responsibilities as a government agency.

    Voting up or down in a timely manner was all we asked. I now see why Washington is broke and why change is needed. I hope you all have your bags packed because whomever wins the Presidential election should make removing each one of you a priority the first day in office.

    You have abrogated your responsibilities. Besides being a Siruis/XM stockholder, I am also an American taxpayer who is ashamed of the way your committee did business.
    2008 Sep 11 07:10 AM | Link | Reply
  •  
    touche. 18 months was unconscionable. How much taxpayer money was spent during that time?
    2008 Sep 11 07:16 AM | Link | Reply
  •  
    shouldnt surprise you....govt is govt is govt....we are nothing but bagholders.... look at the dept of interior this am.... doesnt matter if its radio or oil or anything....if they are involved, we're screwed!


    On Sep 11 07:10 AM Mark 1154 wrote:

    > Copy of email sent to FCC Board:
    >
    > Dear FCC Board,
    >
    > I won't hide the fact that I have been a Sirius Satellite Stock-holder
    > for at least 6 years. I own the stock and purchased shares for my
    > 2 sons as college graduation presents. I had faith in this new idea
    > that would do a better job delivering what consumers wanted in pay-radio.
    >
    >
    > Your Board was directly responsible for the impetus of the current
    > decline in the stock value. Your lack of foresight and deplorable
    > timing with regard to making a decision on the merger with XM was
    > more than just bad judgement; it was a forfeiture of your responsibilities
    > as a government agency.
    >
    > Voting up or down in a timely manner was all we asked. I now see
    > why Washington is broke and why change is needed. I hope you all
    > have your bags packed because whomever wins the Presidential election
    > should make removing each one of you a priority the first day in
    > office.
    >
    > You have abrogated your responsibilities. Besides being a Siruis/XM
    > stockholder, I am also an American taxpayer who is ashamed of the
    > way your committee did business.
    2008 Sep 11 07:22 AM | Link | Reply
  •  
    shouldnt surprise you....govt is govt is govt....look at the dept of interior this am.....does'nt matter if its radio or oil or anything....if they are involved, we're screwed! figures don't lie but liars can figure.
    2008 Sep 11 07:27 AM | Link | Reply
  •  
    The simple fact is we won... the "NAB" propaganda machine lost. The merger is now a reality, and it's a huge step forward for democracy and free speech in this country. We should all look to the future.
    2008 Sep 11 07:39 AM | Link | Reply
  •  
    Think government is a friend of business? Remember this one.

    Did you see/hear Pelosi demanding oil companies give govt royalties if allowed to off shore drill like it was govt's right to punish? At all our elections we better get it right.

    2008 Sep 11 07:51 AM | Link | Reply
  •  
    Sirius stinks. Everything they touch turns to poop. Buying out their superior rival XM looked like a clever move on the surface but I guess now that the deal is done, it appears Sirius was nothing but a paper tiger with debt issues that would make MC Hammer dizzy!
    2008 Sep 11 09:32 AM | Link | Reply
  •  
    Sean, you do realize that about 750 million of the 1 billion that Sirius now has to refinance came from XM right?

    If the FCC had made a decision within it's 180 day time clock like it was supposed to, this would not be an issue. 180 days are up, we have not collected enough information to approve the merger, so we will deny it. Applicant's can refile with more information. Done. Both companies would be thriving right now, and the stock price would not be where it is today.

    The government screwed the pooch on this one. Good article Gino.
    2008 Sep 11 10:13 AM | Link | Reply
  •  
    Sirus is dead. Keep your fingers crossed. It is going below 50 for sure. FCC did this to a good stock and he(Mel) doesn't have the right "stuff" to fix it. Like I said keep your fingers crossed.
    2008 Sep 11 10:23 AM | Link | Reply
  •  
    We all know the FCC effed this up. So what? There is nothing we can do about it now. I don't think any FCC comissioners are losing any sleep over us losing money.
    2008 Sep 11 10:25 AM | Link | Reply
  •  
    Hmmm. I thought you said the stock was going to zoom after the merger? Was XM/SIRI not conducting business during the wait period for the merger? And if they were did you hear anything but good news from them? I think you owe your readers a mea culpa about your being so naive and coaxing them to buy, buy, buy a stock that you had clearly feel in love with and lost all objectivity towards.
    2008 Sep 11 10:32 AM | Link | Reply
  •  
    Since when did Sirius declare BK before? The author of this article got that wrong... the rest I fully agree with.
    2008 Sep 11 10:33 AM | Link | Reply
  •  
    The market has been the biggest killer. The dalay was painful. The two companies need to truly merge now and make huge cuts in support services then the stock will go up. This will be the true test of Mel.
    2008 Sep 11 10:43 AM | Link | Reply
  •  
    Whether it took the Commission 18 days, 18 months, or 18 years to make the decision to allow two broken businees models to merge into one monopolisitc broken business model, the results for the shareholder would at this point, be the same. Companies that project rapid and substantive growth that cannot deliver on that promise get severly punished by Wall Street since all of those promises are priced in prior to actual results. Sirius/XM, like most other companies, can't cut their way to prosperity. If you eliminated 100% of the operating expense of XM you still have to face the fact that this audio entertainment niche will never have more that 8-9% of the available adult radio listening audience willing to pay for its services, and, that will contract when wi-fi is available in more cars. It's amazing that logical investors would believe that just because a reciever was going to be made available in a majority of new cars that more than 10% of these new car buyers would pay $12-$14 monthly, and on an ongoing basis for either XM, Sirius or the combined service. The dirty little secret within the business is that the churn rate would be TRIPLE what is reported without the '3 free month' offers that are aggressively pushed after the initial 'free 12 months with purchase of the vehicle' runs out. Fact is, those '3 free months' turn into 'free service' since Sirius/XM would take a far bigger beating if it stopped counting those vehicles - and vehicles that sit on lots unsold - as 'active subscribers'. Simple math applies here 1 POS + 1 POS = 1 big POS.
    2008 Sep 11 11:28 AM | Link | Reply
  •  
    class action lawsuit against the FCC.....lets do it...haha.
    2008 Sep 11 11:38 AM | Link | Reply
  •  
    Watching stock action today. As every day they set a solid wall at a certain price, and throw as much stock at it as possible. It runs up that price over and over and over again.
    Heres how a free market stock works.
    As buying interest hits a price to the ask side, investors whoare trying to sell will go to the next level, or but a limit order in for a penny over, and etc... etc.. trying to get the highest price. No one justs keeps randomly throwing there price in at the same tick, thats not how it works. As it clears the ask window , the price moves up to the next tick, etc.. etc.. same with the down. Yes shares will be thrown in at those levels at the last second if you think it wont uptick, but when you see 10000 shares in the ask, and it takes 1 million shares bought at that price and it doesnt move up, someone is intentioinally "throwing shares in at the price over and over to refill the ask, just as it is about to uptick. That is illegal blatant stock manipulation. Stock wont move up till THEY allow it too. This proves manipulation to the down side, which means someone is illegally pushing this stock down, cause they know it would be 4 dollars by now on pure speculation alone. With the buying interest this stock has had of REAL news, and not OPINION, it has never moved up on REAL news, and thats what drives a stock, not OPINIONS. Why did not one analyist say that the guidance was understated? They know it was, but used that info to give their illegal manipulated price apparent legitimacy.Normal stocks dont move this way.
    They use this to keep stocks from going down too. All major banks use this strategy, why financials arent all under 10 dollars by now, like they should be. If you wonder how so stocks have lived to see the day still, like how LEH got back to 20 in the middle of their bankrupcy issues, is beyond me, and their is no mention of bankrupcy on Sirius, and it losses 70 percent of its value, and this is AFTER the merger and synergies. The time for approval in the larger picture is irrelevant, and since they didnt use one dime to pay for XM, just your common stock value, its only hurt stockHOLDERS, not the company bottom line. That was hurt only temporarily as sales seemed to increase ANYWAY, YTY. This market is a joke, the SEC is a joke, and Gino is a joke for writing such a dumb article. Its official, either Gino is in on it with them, or hes not intelligent enough or knowledgable enough to be writing financial articles. His article today should read:
    "All Sirius stockholders sign my letter to jointly file a lawsuit against Goldman Sachs(holders of the bonds) for intentially trying to tank a stock. Find out whoever is doing this, the SEC knows right now who it is. So does Sirius. They need to come public and share with the stockholders what is really going on. He hinted at it on Cramers show, and no one ran with it. Just completely ignored, now some idiot author is trying to blame the FCC for this. LOL LOL
    Just be lucky they appoved it at all, but only after they got their paws on it(minority owned channels). The they would be "the powers that be."
    2008 Sep 11 11:40 AM | Link | Reply
  •  
    The FCC board of directors is comprised of 5 members of whom no more than 3 members can be from the same party. So, unfortunately the board makeup becomes political rather than objective appointments. Currently all 5 board members have been "public servants" and on the government payroll. The majority of the members are attorneys. When was the last time you saw an attorney not want to drag out an issue. It’s in their genes. Not one has held a meaningful executive position in a large for Profit Company. So, does this inexcusable lack of responsibility to the taxpayers surprise anyone? Get ride of the entire board and get people that have business sense and are not politically motivated to run this commission.
    2008 Sep 11 11:45 AM | Link | Reply
  •  
    Ok, I will ammend one statement. Stocks will for a SHORT time move on rumors and opinions. But according to every analysist who covers this stock, its is undervalued. Merger happens it goes down. Synergies are announced it goes down. Encouraging words about refinancing options, stock goes down. New revenue streams are announced, the stock goes down. New car market penetration higher than most think, stock goes down.
    Do you people even realize that every TOYOTA sold will next year have Sirius in it too now, and im sure the new receiver that receives both Sirius and XM will be in it. Used car market, all the talent, sports, GPS, song downloading, etc...
    There are hundreds of stocks performing better with more debt and more uncertain futures. WM is trading at $2 today. Id take that. That company is in the toilet, right now, literally. If Sirius wanted too, do you people realize they have enough cash on hand to pay off the first debt entirely.
    2008 Sep 11 11:45 AM | Link | Reply
  •  
    Relmor,
    Interesting posts. So are you watching the level 2 streaming quotes? (I'm just now learning about such things). So why do you think this manipulation is happening? By "throwing" shares at a certain price aren't these shares being sold at a loss just to keep the price down? Do you think naked shorting of the stock is still occuring? At some point won't this have to come to an end and then maybe the powers that be pump this stock in the other direction? I'm just trying to wrap my head around everything that is goin on here. This investment has been a total nightmare and I want to know what is going on.
    2008 Sep 11 02:00 PM | Link | Reply
  •  
    DOOBZ26
    Heres how it works. Its a net zero gain.
    1. Short at 1.35.
    2. Buy at 1.34.
    3. Short at 1.34
    4. Buy at 1.33.
    Repeat till you have a $1 stock. Yes i study streaming and buying interest. Sellers mentality (legitamite) is to get a higher price than you paid. When you see a stock about to tick up, you dont put in the ask, you RAISE the bid. Thats the only way stocks every go up.
    When the ask is filled, its goes to the next ask price. Of course sometimes this isnt true. But it happens always with Sirius, and at certain price points. When you see Sirius jump 10 percent, you can bet your ass their loading up and legitamite shares too. They dont need to naked short it, the banks were given the shares by the co conspiriters(Sirius satellite). To break the shorts you have to get above 2-2.50 area. To break all the bondholder shorts you need to hit 4, and then they convert to shares, it takes a temporty dilution hit to 2ish, and its clear up from their. At that point 250 MILLION SHARES would be returned to Sirius, as their hedge will no longer be necessary, as the bondholders will be out, and Sirius wont have to pay that debt back. Converibles are just that, converted to true stock. They can make more that way. They will convert to 1.87, and the shares repurchased on the open market and returned at 1.50. Thats why I know it will go much higher than those prices. Mel didnt do a last minute financing, he got EXACTLY THE FINANACING HE WANTED. Perfect to drop the stock, rebuy low, and give the banks what they want. A fat return on a sure thing. The uncertainty in their debt refinancing is being used by the banks to get in lower. They wont bankrupt the company, because banks cant think long term anymore, they needs profits RIGHT NOW, or handed you noticed?
    2008 Sep 11 03:15 PM | Link | Reply
  •  
    relmor, could you give more details, in non-financial concepts/terms. I think you are 100% correct from what I have read in the last two months. Someone mentioned that SISIUS had an earlier financing effort o the same type and that it had similar results. The key now is where do we go from here. When the shares are repurchased how does the stock react? Up until a certain point, fall back, and then let normal market demand take over?
    2008 Sep 12 11:09 AM | Link | Reply
  •  
    All, remember that the two democrats voted against the merger in the end. If Obama wins, the FCC board will be 3 democrats and 2 republicans. If that happens we can expect them to throw everything they have at SIRI to either kill it or bust it up. VOTE REPUBLICAN!!
    2008 Sep 12 08:45 PM | Link | Reply
  •  
    Read Brandons new article. I feel vindicated. These are all points from my past points. Maybe he used my notes to write the article, if he did, I want a high five!! Im sure he knew these things as well. Not sure about Tyler, he seems like a republican doghboy who thinks Santa Clause still exists.
    2008 Sep 15 01:09 AM | Link | Reply
  •  
    The specifics of how they manipulate stock is an equation.
    This is a time game. Its played sometimes in seconds.
    Number of stocks purchased(buying interest) is greater than the number of stocks sold(selling interest). This sentiment is usually driven buy news, market factors, or even random buying at the same time, momentum trading, etc...
    If you see a stock that normaly doesnt move take off with buying interest, you can quickly reverse the sentiment by simply defeating that time window of interest. Interest must be fast and intense to overcome shorting cycles. It must not be shallow, or speculative, or of weak hands, it must be hard, legitamite buying interest. When this sudden buying interest causes a price increase you get momentum traders jumping on, interested parties peaking interest, and buy points hit, causing it to rise further. Then you have sell points hit, momentum traders getting out, and you get a decline. Bargin shoppers, legitamite buying interest picks up because of the drop, and it goes back up again. Etc... etc.... Sirius does not trade this way. All buying interest in absorbed into a black hole. Only with massive thrusts does it go up 10 cents and then right back down once the interests abades, and it doesnt get a normal jump, this is irregular and illogical market behavior, and thus you get a bigger faster drop right after. Its hard to explain, hope Ive helped a little.
    2008 Sep 15 01:53 AM | Link | Reply
  •  
    Debt, schmedt... I was going on actual quality of the services provided. XM was way ahead in virtually every meaningful category, so any gain against them would come at a steep cost. Sirius saw the road ahead and made an offer to XM. Sure, they absorbed debt by doing so, but that substantial debt would have been a drop in the ocean compared to the cost of continuing the battle against XM in the marketplace. I guess the plan was to direct that revenue toward innovation in equipment and services, instead of duking it out over OEM vehicle installs and high priced on-air talent. Now that they are the only game in town, costs for both will diminish sharply.


    On Sep 11 10:13 AM *Newman* wrote:

    > Sean, you do realize that about 750 million of the 1 billion that
    > Sirius now has to refinance came from XM right?
    >
    > If the FCC had made a decision within it's 180 day time clock like
    > it was supposed to, this would not be an issue. 180 days are up,
    > we have not collected enough information to approve the merger, so
    > we will deny it. Applicant's can refile with more information. Done.
    > Both companies would be thriving right now, and the stock price would
    > not be where it is today.
    >
    > The government screwed the pooch on this one. Good article Gino.
    2008 Dec 21 12:45 PM | Link | Reply
  •  
    Oh. Was I supposed to say "Bump"?



    BUMP!
    2008 Dec 21 12:46 PM | Link | Reply
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