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Thread: June timeline of ex partes.

  1. #1
    crfceo is offline
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    June timeline of ex partes.

    I've put together a list from FCC filings to get a better picture of what is going on at the FCC. I have left out the numerous letters and WCS filings. This is what has transpired since the beginning of June 1, 2008. For purposes of this post, SX = Sirius Xm

    6/3/08
    - C3SR met with FCC staff, of note was Copps legal advisor.
    - Attorneys general from CT, IA, MD, MO, OH, TN, WA, & WI meet by phone with Martin

    6/4/08
    - SX meets with Martin

    6/5/2008
    - Pioneer meets with FCC staff

    6/6/2008
    - Ibiquity met with Martin's staff
    - Clear Channel and Tn. Reps meet with Tate
    - SX counsel meets with Tate

    6/10/2008
    - SX counsel meets with Tate
    - NAB with McDowell & Martin

    6/12/2008
    - SX counsel meets with Martin, Tate & McDowell
    - Georgetown meets with Adelstein to discuss its free ride.

    6/13/2008
    - SX files its proposal

    6/16/2008
    - NAB meets with FCC staff to oppose open access
    - Pioneer meets with Adelstein and Copps staff.
    - Mel K. Meets with Adelstein
    - Public Knowlerdge (PK) and Media Access Project (MAP) met with Adelstein
    - Minority Media & Television meets with Copps and Adelstein

    6/17/2008
    - MAP & PK met with Copps & staff, proposed concessions
    - SX execs & counsel met with Adelstein's staff, Copps, and McDowell.
    - NAB sends letter stating merger will hurt Nashville.

    6/18/2008
    - C3SR phoned McDowell
    - SX counsel meets with Tate

    6/19/2008
    - SX sends letter showing merger will benefit music city!
    - C3sr meets with Tate.
    - Clear Channel & Friends meet with McDowell & Staff, Copps and Adelstein's staff.
    - Entercom met with Tate & staff
    - David Rehr, NAB pres. met with McDowell
    - Free press met with FCC staff

    6/20/2008
    - US electronics met with Adelstein, proposal submitted

    6/23/2008
    - Georgetown meets with Adelstein, now opposes merger.

    6/24/2008
    - NAB met with staff of Tate and Copps
    - US electronics met with McDowell, letter to Tate
    - MAP and PK met with McDowell and staff
    - APM met with McDowell,.
    - RIAA met with Tate
    - PTC meets with Tate, supports merger
    - Georgetown met with McDowell to oppose merger

    6/25/2008
    - APM met with Tates staff, and Martins staff
    - NAB met with Adelsteins staff
    - MAP & PK met with Tate and staff
    - Pioneer met with McDowells staff
    - NTU meets with Tate, supports merger
    - SX execs provide Tate e-mail responses to questions

    6/26/2008
    - RIAA phones Tate
    - Entercom meets with Adelstein
    - NCWO meets with Tate, supports merger
    - NAB met with Tate, FCC counsel, Martins legal advisor, McDowell's legal advisor and staff to stall any vote - filed petition to defer action.
    - APM met with FCC staff and Adelstein
    - SX counsel and Mel K. met with Adelstein and Tate
    - Georgetown with Martins staff

    6/27/2008
    - 5 Mn democrats (see hall of shame) send opposition letter following David Rehr/NAB event in Mn.
    - Pioneer met with Tates legal advisor
    - Georgetown met with Copps

    6/30/2008
    - New York State Federation of Hispanic Chambers of Commerce met with Tate.
    - The Latino Coalition met with Tate
    - League of rural voters met with Tate
    All 3 of these urged prompt approval of the merger.

  2. #2
    zcurzan is offline
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    Hey man, good to have you back.

    Other than a big bulls-eye on Tate, I'm not picking up any other kind of pattern in here. What do you think?

  3. #3
    crfceo is offline
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    Looks like we are nearing a conclusion. Look at the volume of "work" that transpired between the 24th and 26th.

    Then notice that on the 26th, the NAB filed a motion to defer. It's safe to assume at that point, the discussions had ended. The NAB is making a last attempt to quell the vote. If they had the votes, they would not have interfered in this way. They would have pushed for it. A very good sign.

    My opinion of their motion is that it is baseless. It stems from c3sr's allegations that have already been addressed by the sx attorneys.

    http://fjallfoss.fcc.gov/prod/ecfs/r...ent=6520031900

    1. The NAB is asking the FCC to wait.

    2. The NAB is asking that the FCC toll its 180 day time clock until it has had time to review the documents submitted by C3SR, it's own subsidiary.

    3. It would like an open-ended amount of time for this review and preparation of any documents.

    (Again, these issues were already addressed. They refer to high level employee's truthfulness and repeater interference)3

    4. The NAB claims this to be to the benefit of consumers.

    5. The NAB claims that the price packages proposed by xm and sirius cannot be assured, (using c3sr's already proven baseless arguments of honesty)

    6. The NAB is using findings from the echostar deal to support their argument that the merged company will not serve the public interest.

    7. I'm a bit confused on this part. Seems the NAB was given an opportunity, by their own admission, to review these documents one year ago. They seem to be claiming they have not had enough time to review these documents.

    8. The NAB is claiming that because they have raised an argument, that the FCC should not move forward with the merger proceeding.

    9. They threaten to appeal if the FCC goes forward without addressing their concerns.

    10. They ask to stop the clock until the commission releases the c3sr documents.


    Analysis: All of this is based on one common thread. The honesty of high level execs with regard to interoperable radios and repeater issues.

    As I have stated. Sirius and xm have addressed these issues. The chairman obviously dismissed the allegations when he decided to give the merger a green light.

    I will find the sirius argument to the c3sr complaint, and post it next.
    Last edited by crfceo; 07-02-2008 at 03:36 PM.

  4. #4
    crfceo is offline
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    Sirius' reply to the allegations...filed June 6th. It's a dead issue. Martin made his decision after this. It was dismissed. The NAB's argument is based on these allegations, that have been addressed.


    http://fjallfoss.fcc.gov/prod/ecfs/r...ent=6520013361

  5. #5
    Skott is offline
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    Nice job researching and putting the time line together, when you see it laid out like that - you really start to wonder why they wouldn't want to get this thing done, and not have to see the guy from the NSB every day of your life...

  6. #6
    Newman is offline
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    This is why I wanted you back here CRF. Great rundown.

    Quote Originally Posted by crfceo
    6/4/08
    - SX meets with Martin
    6/5/2008
    - Pioneer meets with FCC staff
    6/6/2008
    - Ibiquity met with Martin's staff
    - Clear Channel and Tn. Reps meet with Tate
    - SX counsel meets with Tate
    6/10/2008
    - SX counsel meets with Tate
    - NAB with McDowell & Martin
    6/12/2008
    - SX counsel meets with Martin, Tate & McDowell
    - Georgetown meets with Adelstein to discuss its free ride.
    6/13/2008
    - SX files its proposal
    It is quite telling that Sirius/XM (SX) met with Martin, Tate, and McDowell the DAY before releasing their proposal, and a couple of times throughout the week leading up to it. I do not think they would have done that if they did not honestly feel that the votes were in the bag.

    Great work crf.

  7. #7
    zcurzan is offline
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    If the votes are in the bag, and all this talk about Tate being on the fence is media speculation. What are we still waiting on? In your opinion are we in the 10 day window?

  8. #8
    crfceo is offline
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    The bad news is that it seems they are not done. These will be posted on the FCC site tomorrow:

    July 1, 2008

    - Ibiquity met with Adelstein , Copps asst, and McDowell to discuss HD

    - Clear channel & Greater Media Inc (new player?) met with Tate to complain of the competition the merger would bring to terrestrial radio. The 4th link below is this story...really interesting.


    http://fjallfoss.fcc.gov/prod/ecfs/r...ent=6520032772

    http://fjallfoss.fcc.gov/prod/ecfs/r...ent=6520032776

    http://fjallfoss.fcc.gov/prod/ecfs/r...ent=6520032780

    http://fjallfoss.fcc.gov/prod/ecfs/r...ent=6520032820


    July 2, 2008

    - American Public Media meets with Amy Blankenship, legal advisor to Tate. Want 25% of spectrum.


    http://fjallfoss.fcc.gov/prod/ecfs/r...ent=6520032863
    Last edited by crfceo; 07-02-2008 at 11:53 PM.

  9. #9
    one959 is offline
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    Cool, thanks for the hard work and nice to have you back.

    Glad my little ongoing battle wasn't a waste

  10. #10
    demonotaku is offline
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    Quote Originally Posted by crfceo View Post
    The bad news is that it seems they are not done.
    We knew this because of the B&C Article

    Quote Originally Posted by zcurzan View Post
    via BroadcastingCable.com

    Let me save you some reading...

    Blah blah blah, merger was proposed over a year ago...

    "But the commissioners have had an item before them that proposes a series of conditions under which the deal could be approved, and at least one prominent broadcast lobbyist suggested that the deal might be close to being done.

    An aide to one commissioner said meetings on the deal were still scheduled for this week but did not rule out a decision either."


    Blah blah blah, DOJ approval... blah blah blah waiting on FCC.

    the end
    So the commissioner's aid was for Tate

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