Interoperable Radios and Executive Candor, a look back.

[john]

I have to tell you clueless, you have a way with words. You should put a book out. Keep them coming. That "batshit crazy" still has me LOL.

[tim wallick]

You stated that the 10 k stated deployed. I proved to you that it did not. Want to sue? A company you claim to be so heavily invested in? I had heard good things about you...apparently they were wrong. You have an agenda that does not serve yourself nor me as shareholders. Do me a favor....sell...take the loss. You screwed up and you are looking for anyone else to blame...I'm done with you.

I assure you that has not been my agenda. Tell aka Tyler to give you my number I will explain thigs in more detail.

THATS A BIT HARSH COMING FROM YOU CRFCEO

I read what you had posted on the yahoo site about having some fun and trying to discredit his comments.

again you mis-construe and twist what Micheal says are facts if you read the 10ks you will find attached to each a copy via a reference link the (joint venture agreement) document that both Sirius and xmsr filed with the sec and the fcc in un-redacted form, which states clearly they then understood and planned to deploy to the consumer a single device that would receive both services at no further cost to the consumer for hardware.based on the fcc mandate.

so i understand your comments maybe in error as you may have missed the link or could not find a version to read.

this is the very reason some long term owners bought into this company and sector as a whole.he has a valid point and its ok not to agree as you feel hes hurting these equities...you would have been better of today if these companies did as they agreed by deploying the device to the public..

the fault lays with Sirius xm and fcc and none of the three want the public or consumer to understand the full details related to this issue.

sat rad investors were led then screwed big time on this very issue.

all hes was asking for was the whole truth to be a better informed shareholder based on past statements, as he thought why pay such a high price for xm if the content is what really drives subscribers as claimed by both sirius and xmsr.

just roll out the dual device and let the better content take care of the rest.

and it looked like that was going to happen in 2006 then poof no device instead a merger.

which was a good ideal but after ten years alas no device is available to consumers ... and screw you all their wont even be one if we don't merge Mel made sure he said that in case the deal got shot down. just to force the issue

he does not have to feed this information to anybody hell i see broadcasters i know posting on this board and some of those company's would love to get a slice of the sector. and thats just fine its part of the bigger picture.

us electronics even used some of his filed information and convinced the fcc to act in the public interest on the open device issue.

this did not screw the investor public or company ,everybody won maybe even the consumer can get a third party device that can now record content and wont cost the company's the extra fees for recording royalties.

which tends to lend more credit to his efforts of the past.you can call him loony if you chose or evil and greedy...

when i first contacted the fcc on the dual device issue and asked for a current status they sent me back a joint letter from Sirius/xm which was a reply to a fcc inquiry letter in 2005 the document said the interoperable device mandate was met based on the sirius/xm thinking..

I then asked for their confirmation (fcc) on the issue and explained what i thought the mandate meant in the stated vision and to me. this was in December 2006. they responded with the instructions for filing for a declaratory ruling on this issue.

yesterday i dug around till i found a copy of the dei distributor doc. and the claims made by use they were supported! all efforts were directed by sirius period. and the contract ruled out xm radio devices by name period and any other companies that wanted to do satellite radio services..

the old broadcasters are in trouble in todays digital world I dont blame them for fighting for every inch they can get.

[Dlite]

I wish my comment was still on CRF's blog.

The merger is about to be consummated and this is best for both the company and the consumer. Move on, seriously.

[tim wallick]

heres the document which is referenced in all all the sec filings

WHEREAS, the parties desire to comply with FCC licensing requirements and to enhance efficiency and consumer welfare by jointly developing and deploying certain interoperable technology for the purpose of producing radios capable of receiving broadcasts from both the XM Radio System and the Sirius Radio System;

"Interoperable Radio" shall mean a radio that, at a minimum, (a)
-------------------
receives and processes the audio portion of both the Sirius Radio System
signal and the XM Radio System signal, either as a result of an
Interoperable Chipset contained in the unit itself or as a result of an
Interoperable Chipset contained in an outboard location which interfaces
directly with the unit, and (b) which is capable of providing the user
interface for both Sirius Radio System broadcasts and XM Radio System
broadcasts, including displaying the artist and title information
transmitted as part of such broadcasts, in each case, without the consumer purchasing additional hardware or software.

heres the sec link to the filings all other documents show up in the context of a reference this document was submitted to the fcc also in a un-redacted format

[crfceo]

I did talked to Michael. He's not a nutjob. We spoke at length and each explained our positions. We will probably be speaking in the future. We agreed on many things and and agreed to disagree on the others. For what its worth after I crucified him, he had no knowledge that the NAB was going to use his letter as they did. He's been looking for some answers that have not come, and he was venting through whatever means he could. I do the same thing on my blog.

[crfceo]

just roll out the dual device and let the better content take care of the rest.

and it looked like that was going to happen in 2006 then poof no device instead a merger.

Michael and I spoke about this. My point is that Mel joined the company late in 2004....so he basically used 2005 to trim the fat and move towards profitability. When Howard came on there was a shortage of radios and a shortage of chips. Using chips in a dual mode radio made little sense at that point. Demand outripped supply. Remember going to the stores and trying to find radios back then? There weren't any. Allocating chips to radios that may not end in a subscriber vs. a desperately needed radio on a store shelf has to take priority. My point is that it made more sense to be profitable, before interoperable.

Before you could blink, talks began regarding a possible merger, which further condemned the interoperable intro.

[deewcom]

I read what you had posted on the yahoo site about having some fun and trying to discredit his comments. (So what? Is this an attempt to discredit CFRCEO?)

again you mis-construe and twist what Micheal says are facts if you read the 10ks you will find attached to each a copy via a reference link the (joint venture agreement) document that both Sirius and xmsr filed with the sec and the fcc in un-redacted form, which states clearly they then understood and planned to deploy to the consumer a single device that would receive both services at no further cost to the consumer for hardware.based on the fcc mandate.
so i understand your comments maybe in error as you may have missed the link or could not find a version to read.

You should provide the exact wording and provide the links to the specific 10 k's. There is still a lot of wiggle room here in what you present as facts.

[deewcom]

From Tim's 10Q link:

3.01. Interoperability Technology Development. XM and Sirius hereby agree
----------------------------------------
to develop Interoperability Technology for the purpose of producing (or having
produced by others) Interoperable Radios.


This has been done. Mission Accomplished (perhaps). Was this a loophole?

[crfceo]

heres the document which is referenced in all all the sec filings

I've already proven it's not in all SEC filings. But lets have a look at 2000 shall we?

WHEREAS, the FCC has mandated that XM and Sirius deploy a final receiver
design that is interoperable;

What's that???? DESIGN??????? Not manufacture, market, etc...???? Thanks for the link...


WHEREAS, the parties desire to comply with FCC licensing requirements and
to enhance efficiency and consumer welfare by jointly developing and deploying certain interoperable technology

Deploying radios??? NO! Technology! Ahhhh...big difference!

still reading...

[crfceo]

Interoperability Technology
---------------------------
shall mean the technology, including the technology which is jointly funded and developed by Sirius and XM pursuant to this Agreement or owned and/or licensed by either party, which is required to design, develop and/or manufacture an Interoperable Radio, as well as any enhancements and modifications jointly funded and developed for such technology pursuant to this Agreement (including the industry standards jointly developed by the parties pursuant to Section 3.03), but shall not include Non-core technology.


Interoperable Radio
-------------------
shall mean a radio that, at a minimum, (a) receives and processes the audio portion of both the Sirius Radio System signal and the XM Radio System signal, either as a result of an Interoperable Chipset contained in the unit itself or as a result of an Interoperable Chipset contained in an outboard location which interfaces directly with the unit, and (b) which is capable of providing the user interface for both Sirius Radio System broadcasts and XM Radio System broadcasts, including displaying the artist and title information transmitted as part of such broadcasts, in each case, without the consumer
purchasing additional hardware or software.

WHEREAS, the FCC has mandated that XM and Sirius deploy a final receiver design that is interoperable


WHEREAS, the parties desire to comply with FCC licensing requirements and
to enhance efficiency and consumer welfare by jointly developing and deploying
certain interoperable technology for the purpose of producing radios capable of
receiving broadcasts from both the XM Radio System and the Sirius Radio System

NEXT!