http://blogs.wsj.com/deals/2008/03/1...od_dealjournal
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There was a resume posted here, now deleted. Also deleted: some documents posted without comment.
Please don’t post personal information about anyone here, and we like your comments far more than cut-and-pasted documents. Also keep in mind that personal attacks and swear words aren’t allowed. But you knew that.
Thanks. Keep the good conversation coming. –HNM.
Comment by Heidi Moore - March 16, 2008 at 8:30 pm
Does anyone think that given the FCC mandate to make interoperable radios and the years that have passed since Sirius and XM spent millions on it that it was not done?
Years ago Sirius and XM told the FCC when asked by the FCC that they had complied with the mandate.
The integrated Circuits are the radio and they are furnished to the radio manufactures by Sirius and XM.
What is in those chips is secret and only Sirius and XM know what is in them.
Sirius said the Chips were done years ago and that they were going to be used,
When chips are made cost is not much of a factor after the design as we see with all that is in Cell Phones today.
From what i see Mr. Hartleib is for the merger but not at the price because Sirius has a better market share and with those radios being turned on for both Sirius and XM it can be expected that the same market share % would switch to Sirius from XM.
What radio comes with the car is in many cases not what the customer wants. If all it takes is a phone call for a software download and the service is switched i expect millions would switch.
Mr Hartleib is saying from what i see that he is not happy that the shareholders were not informed about the radio and if they were they would think Sirius would take subscribers from XM making XM worth less that what Sirius is offering for XM.
Comment by Sirius stockholder - March 16, 2008 at 10:32 pm
I am also a huge Sirius shareholder and i hope MH does not go away.
As far as being put to sleep by MH not me not when i have so much invested in Sirius.
Comment by Sirius shareholder - March 16, 2008 at 10:57 pm
What Heidi Moore is referring to are documents that I have filed with the FCC on Docket 07-57 and are part of the formal record. One of which is a job resume by a gentleman who worked on adding XM’s technology (AAC+ Codec) to Sirius’ second generation chip sets. This was completed in 2003.
Some may argue that the project was not completed and/or incurred difficulties, but this is not the case as the other document I attempted to post was a publicly available patent which patents AAC+ Codec (XM’s technology) on Sirius chipsets. The job resume of this gentleman goes on to say “As a core member in digital backend firmware development, continued working on a satellite radio project called SDARS. Work focused on the 2nd generation chipset development for Sirius Radio receivers. Responsibilities included:
* Firmware migration onto a new all-in-one baseband chip
* Adding AAC+ Audio Codec to the 2nd generation SDARS chipset
* Working out receiver value-adding features together with customers”
“FROM THE PATENT APPLICATION” included “[0006] it should be noted that this disclosure is not limited to the efficient download of firmware images alone, but may be applied to any configuration image which is typically stored in non-volatile memory, such as the hardware configuration bit files for a Complex Programmable Logic Device (CPLD) or Field Programmable Gate Array (FPGA). CPLD and FPGA devices utilize a form of non-volatile memory, on or off-chip, to store the hardware configuration data.”
What this means is that the all-in-one decoding chip for both services is included in millions of radios in the market place today. Sirius’ executives have confirmed this to me personally as well as in their response to the FCC’s Request For Additional Interoperability Information where they state their radios would need a modification to the tuner portion of the radio only, all other components and hardware would remain unchanged. Their antennas are interoperable, therefore, if the companies were to download a firmware update (from the satellites to the receivers) to millions of receivers and enable the radio to tune in approximately 1% of additional spectrum, consumers could switch between services without the need to purchase additional hardware…as I have stated for approximately 2 years now. These radios would need to be certified by the FCC as they would be operating on a frequency they were not licensed for at the time. Although the FCC has created rules in anticipation of software defined radio (SDR) where these devices can be changed on the fly via firmware updates and the entire tuning portion and decoding portion is software based. Therefore, certification should not be an issue. I believe this information was material and relevant and should have been provided to shareholders prior to the shareholder vote.
I have requested, in writing, from the companies to answer definitively whether with any firmware updates the radios are indeed capable of interoperability. Despite a promised meeting in writing with the General Counsel of Sirius Satellite Radio, someone must have changed their mind as it has not occurred. I am asking the companies to describe in detail how they are in compliance with the requirement that their radios permit end users to access all SDARS services and how they are in compliance with their Joint Development Agreement to develop a unified standard for satellite radio
Comment by Michael Hartleib - March 16, 2008 at 11:43 pm
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I appreciate everyone’s opinion, but in fairness to Mr. Karmazin, he has cut costs and reigned in the absurd spending of both Sirius and XM. Howard Stern was the Hail Mary for Sirius Satellite Radio and it worked. But you must understand, this was done before Mr. Karmazin was on Board as CEO.
Personally, I am not happy with stock options being granted to executives when shareholders are suffering with a sub $3 stock. I think it would instill confidence in shareholders if middle management and upper management were to purchase at these levels – instead we’ve seen multiple FCC filings for disbursement of shares.
Let me make one thing perfectly clear. I have no affiliation with the NAB or any other entity involved in this merger proceeding. I am an individual that is willing to share the fact that I have a substantial financial investment in the securities of both Sirius and XM Satellite Radio. If it weren’t for the size of my investment, I would not spend the time, energy and money I have to fight for what I believe is right.
I, like most of you, want this merger to be consummated as soon as possible. Although I am extremely troubled that the management of these companies have denied their shareholders and consumers relevant and material facts that could have great impact on shareholders’ decisions, votes and valuations of this deal. I personally believe this deal is too expensive for Sirius shareholders. As I’ve said all along - - - I believe in the merger “as a concept” but I am not happy with the “valuation” of this deal.
In a matter of days, there will be formal oppositions filed to the settlement hearing regarding the Greg Brockwell v Sirius et al case. I urge all of you to protect your interest and either file a formal opposition to this settlement as there is no benefit to members of the class or at the very least – opt out to preserve your rights and interests in a court of law.
They intend to notify members of the class via a published notice in the Wall Street Journal. I will argue as this is a paid subscription publication with limited distribution, the majority of members of the class will be denied their right of proper notification. If any of you would like additional details, you can contact me directly at (714) 910-7528. I have not hidden my identity. I am truly trying to protect shareholders’ best interest and appreciate everyone’s input on this issue and despite many professional obligations I have given all of you a direct line to speak to me personally.
Comment by Michael Hartleib - March 13, 2008 at 12:33 am
What is the point of this post? Is this a conversation from another website?
I guess I am just confused why the information is posted on their site and again here on this site with no explanation? I am honestly asking...am I missing something?
All I see on that site is what appears to be you posting documents and articles as comments....and then again here.
Can I ask another question? I see you posting all over hell about interoperable receivers...do you feel like no one cares about this issue?
I do not believe that most people understand the importance of this issue. Clarity will be forthcoming.
Hart ,Quote:
Originally Posted by hartleib1
You have me very curious as to your motives . I am not trying to accuse you of anything .But I am especially curious as to why you keep posting this info and opinions in multiple places after all the abuse you have been taking form some people ?
I think , if it is fact that existing radios are capable like you claim of receiving either Sirius or XM content with a firmware download then that would be a great thing going forward if the merger were approved . That surely would enhance certain synergies into the new company going forward as another savings that many are not anticipating . Yes or no ?
Take care and keep your head down seems like they are really gunning for you at the other website !!!
LOL !
Eduardo S Fernandez
Yes it could and most likely will.
Are there any other "HIDDEN" facts or assumptions that would prove to enhance the synergies the merger that you are aware of .Quote:
Originally Posted by hartleib1
Here is just something that I have thought for a long while . I believe fully that once the merger is approved that Mel Karmazin is going to go for terrestrial radios jugular within 2 years . By then they will be firmly in the black and have somewhere in the neighborhood of 25 to 30 million subs the logical move would not be to try to squeeze every last penny out of existing subs but to bring as many subscribers into the fold as possible .
First I believe that Mel will go for ALL cars sold in the US to have Sat Rad as standard equipment . And I believe that he will accomplish this pretty easily and quickly after the merger is approved . But the fatal and deciding blow to terrestrial radio will be in a couple years when he has a nice cushion he will lower the price of the commercial free music package to somewhere in the $5 range and get the take rate up in the 70% to 80% range .
Think about it there are approximately 200 million vehicles in the US today as we speak . Which would you rather have as a CEO . 50 million subs at an average of $10 a month or 150 million at an average of $7 a month ? I think the answer is clear and since it cost the same to broadcast to one as it does to 150 million why not go for it all and wipe terrestrial radio out in the process?
As Hart has stated multiple times here and elsewhere, he is not against the merger, but the valuation that XM is getting in the merger.
His take: If people knew that interop radios were indeed a reality, rather than merging and taking on XMs problems, Sirius could theoretically petition the FCC to force XM to turn on the interop radios. If retail sales are any indication, when given the choice, people tend to choose Sirius over XM. If given this choice in OEMS, it is assumed that the same percentages would be seen. This would make Sirius much more valuable of a company.
The existance of interop radios already being installed in vehicles is quite compelling. The largest concern I have about this merger is how the transition will go, because as two seperate broadcasts, Sirius/XM cannot realize even half of the expected synergies.
Many people have called Hartleib a conspiracy theorist on other boards, and I for one partially agree. However, I will throw another conspiracy at you: What if these two class action suits were in fact perpetuated by Sirius and/or XM in order to actually protect THEMSELVES. This class action suit gets settled for nothnig more than an additional FCC filing, and in the process, the "CLASS" gets screwed out of all rights. Sirius/XM flip the switch, turn on interop radios, and the "CLASS" has no rights to anything because they did not opt out.
Newman is a very smart man. Just wait until I can shed more light on things to come!!!
Then why wouldn't Sirius just do that in the first place? Why would they push so hard for this merger?Quote:
Originally Posted by Newman
This is pure conjecture on my part, but there are many factors at play.
There have been times when an interoperable device would have been beneficial to Sirius, and times where it would have been beneficial to XM. There have also been times where it would have been good for the sector.
Getting interoperable was no guarentee that a large number of subscribers would migrate. The expense of creating a radio that generates half of the subscribers would have been difficult for either Sirius or XM to put on the table. Neither company has made money, and an interoperable device would have to be subsdized with potentially no real return if subscribers chose the other service.
A merger facilitates an interoperable device better because all subscribers would be under one roof.
As passionate as fansare for one service, there are fans just as passionate for the other. The OEM contracts guaranteed that neither service was going to "burry" the other. Additionally, if one service got into trouble, it would become a viable takeover to new ownership and management that may be better equipped to compete. By example, if we assume that an interoperable device came out and half of Company "A's" subscribers migrated to company "B". Company B would have cpompany A in trouble. In walks a "Google" and they scoop up company A. Flush with cash, company A can now deliver a pounding to company B.
Sometimes keeping it "in the family" is better than inviting a new player. The merger keeps it in the family, and allows the combined company to nbe a stronger and more viable competitor
(again, not saying this is HERE, but just going with my consipiracy theory above)Quote:
Then why wouldn't Sirius just do that in the first place? Why would they push so hard for this merger?
My suspicion is that the agreement between the two companies states that both companies have to agree to flip the switch before it can happen. As Tyler said above, there are times when Sirius would have benifited and there are other times where XM would have benifited. At this point, I think it is Sirius that would benifit, though not as much as some people claim.
My suspicion is that if this were in fact a possibility, Sirius forced XM into the buyout, telling them that they turn on the interop or agree to merge. Merger would be better, because ALL subscribers come under one company. If the merger fails, Sirius goes to FCC and forces XM to agree to interop, where Sirius gets the benifits.
Just food for thought....
Bingo! The truth is starting to show.