FCC Enforcement Bureau Requested to Stop Sirius Satellite Radio's Unauthorized TV Broadcasting and Investigate Sirius's Misuse o
11 Julho 2008 - 11:46AM
PR Newswire (US)
WASHINGTON, July 11 /PRNewswire/ -- The Federal Communications
Commission's (FCC) Enforcement Bureau has been asked to issue an
order stopping Sirius Satellite Radio's (Ticker: SIRI) unauthorized
satellite live television broadcasting using spectrum that the
Commission licensed exclusively for satellite radio broadcasting,
and to conduct an investigation into Sirius's misuse of spectrum.
According to a related filing with the FCC, Sirius's misuse of
spectrum, combined with its proposed SDARS monopoly with XM
(Ticker: XMSR), would amount to a multi-billion windfall at the
expense of federal taxpayers, based on the difference between the
combined price paid by Sirius and XM for their SDARS spectrum and
the value of comparable spectrum allocated for multiple uses under
rules permitting a monopoly. Despite the clear regulatory mandate
that use of SDARS spectrum is limited to digital audio
broadcasting, Sirius advertises its live satellite television
service on its website at http://www.sirius.com/backseattv/faq. The
FCC filings by private investment firm Georgetown Partners will be
available via the FCC's website, and also can be obtained from
Georgetown upon request. In the FCC filings, Georgetown stated that
it "adamantly opposes delivering to Sirius cartfulls of taxpayer
dollars by granting spectrum flexibility for it to broadcast
television, while at the same time Sirius denies that there is
sufficient spectrum to provide for a satellite radio competitor
such as that proposed by Georgetown ... By Sirius' own admission,
its television service is planned to occupy up to 20 percent of its
spectrum, so obviously 20 percent of the spectrum is available for
something other than digital radio services and could be made
available to provide competition. Doing so would go a long way to
satisfying the competition requirements of the Commission's public
interest standard that must be met for the merger to be approved.
"We could establish a competitive alternative voice using just the
20 percent of spectrum capacity that Sirius admits it is planning
to use for broadcasting television instead of for radio. It now is
crystal clear on the record that Sirius/XM does not require the
entire 25 MHz swath of spectrum to provide digital audio radio
programs. Given the extreme scarcity of spectrum allocated for
SDARS -- there is only that which is licensed to Sirius and XM --
we again urge the Commission to deny the merger unless it
conditions approval of the merger upon a lease for the purpose of
providing an independent voice for satellite audio consumers and
establishing competition to the resulting merged entity.
Competition by a structural remedy is a viable alternative to the
more detailed regulation necessary to oversee a monopoly,"
Georgetown stated. CONTACT: Adam Weiner or Robert Siegfried Kekst
and Company (212) 521-4800 DATASOURCE: Georgetown Partners CONTACT:
Adam Weiner or Robert Siegfried of Kekst and Company,
+1-212-521-4800, for Georgetown Partners
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