[opendtv] Satellite radio

  • From: Albert Manfredi <bert22306@xxxxxxxxxxx>
  • To: <opendtv@xxxxxxxxxxxxx>
  • Date: Sat, 22 Sep 2007 18:20:50 -0400

What I found interesting in this piece was that in addition to its satellite 
transmitters, XM Radio needs, for example, 91 "small sticks" to cover NYC, and 
39 small sticks to cover LA. Furthermore, that at least some of these "small 
sticks" are tall. They mention one example of a sanctioned 490' antenna height 
turning out to have been 900' in fact. I don't know how many of their small 
sticks are that tall. Seems to me that many were, they would be more obvious. 
Perhaps they are sharing TV towers in some cases?

The article talks about power level and location violations, without mentioning 
what the power levels are.

Apparenty, Sirius, with 3 ellyptical orbit satellites, depends less on 
terrestrial repeaters than XM, with two satellites in geosynchronous orbits.

The NAB is against the possible merger of these two companies. Best I can tell, 
the NAB's concern is that such a monopoly would have so much content buying 
power that local stations would be shut out of competition. Although the NAB 
also makes arguments which I find puzzling. For example, that such a merger 
would reduce innovation and increase prices for satellite radio. Probably true, 
but it sounds to me like that would work to the NAB's advantage.

(NAB positions at http://www.nab.org/AM/Template.cfm?Section=Home)

Bert

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http://www.bloomberg.com/apps/news?pid=20601103&sid=azdBm8rw6BmU&refer=news

XM's Rogue Antennas Amplify Signals, Merger Scrutiny (Update2)

By Christopher Stern

April 24 (Bloomberg) -- XM Satellite Radio Holdings Inc. became the nation's 
largest satellite broadcaster with a network of hundreds of antennas that were 
built and operated in violation of U.S. Federal Communications Commission rules.

At least a third of the 800 antennas that beam XM's radio channels to millions 
of customers were placed in unapproved locations or emitted signals that were 
too strong, according to a review of FCC filings. XM says some now comply with 
the rules, though it doesn't know how many.

The misplaced antennas may result in fines or a shutdown of part of the 
company's network. Lawmakers including U.S. Representative Edward Markey say 
regulators should take the violations into account when they consider XM's plan 
to combine with Sirius Satellite Radio Inc.

``This series of apparent violations by XM does provide fuel to opponents of 
the merger and gives them reason to think they can get the deal rejected,'' 
said Paul Gallant, a Washington-based policy analyst with Stanford Washington 
Research.

Sirius and XM need approval from the FCC and Justice Department for their 
all-stock combination, worth $3.42 billion at today's closing prices.

The extent of the breach hasn't been widely disclosed by XM. The company told 
shareholders on Feb. 22 in a Securities and Exchange Commission filing that 
``certain'' antennas had unapproved locations or power without giving further 
details, and said that the FCC had begun an investigation.

`Administrative Problems'

XM Chief Executive Officer Hugh Panero told investors on a Feb. 26 conference 
call that while ``clearly there were mistakes or administrative problems,'' the 
FCC isn't likely to force the company to make changes that would affect 
customers. The company is ``just working with'' the FCC to find a solution, 
Panero said.

``XM voluntarily disclosed these variances to the FCC, took unilateral action 
to eliminate many of them, and continues to work directly with the FCC to 
address any concerns,'' XM spokesman Chance Patterson said. The differences 
between the approved and actual locations or signal strength are ``generally 
immaterial,'' he said.

XM depends more on its ground-based network than Sirius, whose satellites give 
better coverage. Sirius Chief Executive Officer Mel Karmazin told Congress last 
week that 11 of the company's 138 antennas violated rules and that he switched 
them off in October.

Four Hearings

Lawmakers have no direct authority to block the merger, though they might 
influence the outcome by making their feelings known. Congress has held four 
hearings on the proposed combination at which legislators raised concerns over 
issues including XM's violation of FCC rules.

Shares of XM fell 20 cents to $10.93 at 4 p.m. New York time in Nasdaq Stock 
Market trading. They've dropped 22 percent since the purchase by Sirius was 
announced.

Sirius shares were down 3 cents at $2.77 and are down 25 percent since the 
announcement.

The two companies ran afoul of the FCC last year, when the agency said they 
were selling radios with signals that were too strong. Sirius and XM pulled the 
radios off the market temporarily while they were fixed.

XM uses antennas, or repeaters, to boost signals where buildings or hills block 
reception from orbiting satellites. The unapproved repeaters are dotted 
throughout 59 markets including Los Angeles, New York and Chicago, 
Washington-based XM said in an FCC filing in January.

42 Percent

In the filing, XM said the antennas in violation serve 42 percent of its 
network. In Los Angeles, 23 of XM's 39 antennas are in breach of the rules, the 
company said. In New York, 35 of 91 are.

XM said in December filings that turning off Los Angeles repeaters would have a 
``drastic and adverse impact'' on reception and a New York shutdown ``would 
devastate'' service.

Some antennas were erected thousands of feet from their approved location, said 
XM, which has 7.5 million subscribers. In Chicago, an antenna was more than 11 
miles from the authorized spot. In Austin, Texas, a repeater sanctioned for a 
height of 490 feet was 900 feet high.

Consumer groups including the Consumers Union and the National Association of 
Broadcasters, the trade group for broadcasters that provide free radio, said 
the violations show why the companies shouldn't be allowed to combine.

``Given their repeated lack of candor in dealing with the FCC, it is 
astonishing that XM and Sirius would now seek a government-sanctioned 
monopoly,'' said Dennis Wharton, spokesman for the broadcasters' group. FCC 
spokesman David Fiske declined to comment.

Raising Doubt

XM's failure to follow FCC rules indicates it may not live up to Karmazin's 
promises that the combined company will offer consumers more choice and lower 
prices, said Markey, who chairs the House Telecommunications and Internet 
Subcommittee.

``What is the expectation it will follow through or fulfill any public interest 
conditions?'' Markey, a Massachusetts Democrat, said in an e-mailed statement.

XM committed the violations as it raced against Sirius to begin service in 2001 
and sign up customers. The two have racked up combined losses of more than $6.4 
billion in five years as they built their networks. Annual sales at XM grew 
from $20 million to $933 million in four years. Sirius had revenue of $637 
million.

The companies say the merger won't stifle competition because of the 
availability of alternative providers of entertainment and information such as 
Apple Inc.'s iPod as well as high-definition and traditional radio.

To contact the reporter on this story: Christopher Stern at and 
cstern3@xxxxxxxxxxxxx

Last Updated: April 24, 2007 16:27 EDT

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