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Thread: NAB: National Appealing Broadcasters?

  1. #1
    zcurzan is offline
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    NAB: National Appealing Broadcasters?

    I guess three Republican Shut-your-mouth-Rehr-you-are-out-of-line's may not be enough.

    "The merger may be approved, but it's not over until it's over," said Jerome Boros, a partner with Bryan Cave LLP who formerly served as a trial lawyer for the FCC. "Among several things that could still happen; the NAB could file an appeal with the D.C. Court of Appeals."
    http://tinyurl.com/639wf9

    On what grounds are they going to file an appeal? That they spent a lot of money lobbying and didn't get what they paid for?

    Assuming they can concoct some C3SR conspiracy...Anyone familiar with the appeal process? Does it have to be heard, or can it simply be denied by the courts.

  2. #2
    winagain35 is offline
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    Well, let's hope that Mel gets the merger finalized quickly before the NAB can hold things up in court. You know they'll try. Once the merger is finalized it'll be much more difficult to reverse it.

  3. #3
    zcurzan is offline
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    Mel was quoted back in the day that he would be ready to close overnight and open up trading as a single company the following morning... or something to that affect.

  4. #4
    john is offline
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    zcurzan, I read that to. Believe me that is a load of crap. Does anybody remember the FTC tried to get a injunction to stop the Whole Foods/Wild Oats merger. They delayed them what about a 1 or 2 weeks, and were slapped in the face by the court. To top that off this would be the same as the DOJ saying no to SIRI/XMSR, and then going to court to stop the merger. This merger was already approved to go forward the only thing they are not approved yet for is the licence transfer. They could technically merge now, if they did not mind selling a licence. I cant believe anybody would even publish that crap. I should be a writer, I have plenty of crap of my own. I cant think of any normal (non liberal) court that would overturn the DOJs decision. The most unbelievable part is that this guy thinks, they could delay this till the new President took office, thats just the dumbest thing I have ever heard.

  5. #5
    homer985 is offline
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    FWIW, any involved party can request an FCC appeal of any decision they render... remember, they are not "approving" the merger per se... they are approving a license transfer and whether it is in the public interest. Furthermore, they are approving a wording change to the current DARS license. Both actions are appealable from all sides.

    I noted this last year... that the "losing" party can ask the FCC for an appeal, but they would likely dismiss it... which would leave one option left. Which is an appeal in US District Court. The NAB, in this instance, can file and injunction and appeal the decision to change the language or to allow the license to transfer -- but they better have a good reason, because the higher up you go... the less sympathetic the Courts get.

    XM and Sirius better be ready to close this merger the second the announcement is made by the FCC -- as that will only complicate any injunction filing.

    One things for sure, it is a slippery slope the NAB would climbing to do this though... but they can do it.


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  6. #6
    zcurzan is offline
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    The most unbelievable part is that this guy thinks, they could delay this till the new President took office, thats just the dumbest thing I have ever heard.
    Yep, sensationalism at its best. Speaking of over dramatic here's some light reading for you courtesy of our friends:

    WASHINGTON, DC -- Following news reports that the Federal Communications Commission will grant XM and Sirius Satellite Radio's request for a monopoly by a 3-2 vote, NAB Executive Vice President Dennis Wharton issued the following statement:

    "This sweetheart deal for Wall Street speculators is premised on a promise that a monopoly will provide consumers with lower prices, better service and more programming formats. Only members of the Flat Earth Society would buy into such specious nonsense.

    "Just six years ago, the FCC denied a monopoly to the nation's only two satellite TV companies in a 5-0 vote. Yet today, the Commission is apparently preparing to grant a monopoly to the nation's only two satellite radio companies that in their 11 years of existence have had more luck flaunting the FCC's own rules than creating a successful business model.

    "Historians will view this satellite radio giveaway as an irrational departure from 118 years of antitrust law wisely founded on the unassailable reality that competition serves consumers better than monopolies. NAB thanks Commissioners Copps and Adelstein -- along with consumer groups, 80 bipartisan members of Congress, and scores of labor, minority and antitrust organizations -- who stood against this wrongheaded monopoly. Given such overwhelming opposition, we're not convinced the final chapter of this book has been written."
    http://www.nab.org/AM/Template.cfm?S...ONTENTID=12784

    Bolded text was my doing, but you get the point... Persistent little guys.

  7. #7
    demonotaku is offline
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    Can we break up clearchannel too then?

  8. #8
    zcurzan is offline
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    I'm not sure, but he just alienated a few hundred members of the Flat Earth Society. Score one for Mel!

    Look for their exparte tomorrow supporting the merger.

  9. #9
    john is offline
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    Homer, I think I remember that, My point is still it will not hold up the merger for to long. Even this guy says that the FCC appeal would be a long shot and be dismised by them. My biggest problem with him is on the third part of his statement. I dont believe for a second that after the DOJ approved looking at all the internal documents of both companies, the NAB has a chance in hell getting a injunction to stop the merger for going forward.

    *Appeal the decision to the FCC: Opponents can file a petition to stay the Commission’s order of approval, which would essentially cause the Commission to reconsider the deal. However, with a hard-won 3-to-2 vote like this one, that was heavily negotiated, the Commission isn’t likely to second-guess itself, Boros warned.

    *Push anti-deal legislation: Truly committed opponents can push Congress to pass legislation to overturn the FCC’s decision or aspects of it, Boros said. Again, the chances are slim: he put the odds at 500 to 1.

    *Take it to the courts: Opponents of the deal can take their issues to the U.S. Court of Appeals, which could consider any strong legal objections to the deal. (For instance, on antitrust grounds). This is best as a delaying tactic. It would take time for the appeals court to consider the decision and kick it back to the FCC. In that time, it is possible that a new president will be in office and that he will want to appoint his own nominees to the FCC. With a different makeup–for instance, Boros quipped, “a flaming Democrat”–the FCC could potentially decide the deal differently

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