Open Letter to the 100 U. S. Senators of the 111th Congress

Dear Senators;

On July 25, 2008, Federal Communication Commission (FCC) voted to approve the merger between Sirius and XM. As part of the Merge Order Sirius XM made a Voluntary Commitment to donate four percent commercial (12 channels) and four percent of non-commercial (12 channels) to the underserved market. One of the goals of the FCC has is a compelling interest to maintain an equal playing field in all forms of communication in the United States. Statically there is data that proves the current state of minorities with access and or ownership to radio is dismal at best. In a report entitled Off The Dial: Female and Minority Radio Station Ownership in the United States by S. Derek Turner June 2007 found that women and minorities own just 6 and 7.7% of all broadcast radio stations in the country respectively. To further the point of the dismal outlook of minorities in radio the Third Circuit chastised the FCC in Prometheus v. FCC 373 F.3d 372 for ignoring the issue of female and minority ownership. This proves there is a compelling interest for the FCC a governmental agency to act.

American Independents Radio (AIR) has filed several documents with the FCC on its implementation of its concept regarding the proposed 24 channels offered by the Sirius XM Voluntary Commitment. AIR’s concept is to break the channels up by topic not race using the common thread of being human to inform, educate and give the underserved market the opportunity to be on the radio. By defining the proposed channels by topic you broaden the spectrum of talent, interest and diversity. This concept insures the underserved markets needs are met and the line between race-neutral and race preference are met.

When the FCC accepted the Applicants’ Voluntary Commitments from Sirius XM to make available 24 channels for use by Qualified Entities (the FCC compelling governmental interest in maintaining equality), and the FCC defined a "Qualified Entity” as a business "majority-owned by persons who are African American, not of Hispanic origin; Asian or Pacific Islanders; American Indians or Alaskan Natives; or Hispanics, it obligated itself to find a method and a individual or several individuals to give the proposed channels too.

What is required now is a plan that makes sense and adheres to Adarand Constructors, Inc. v. Peña 515 U.S. 200 (1995) that all racial classifications, imposed by whatever federal, state, or local government must be analyzed by a reviewing court under a standard of "strict scrutiny and the American Independents Radio meets that test.

If the FCC in the eleven-hour decides to kick the responsibility back to Sirius XM then the duties granted to the FCC from it creations “to regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex” will fall to the waist side and the FCC will ultimately fails in protecting the people of the United States including the Qualified Entities. However if you inform acting Commissioner Michael J. Coops that the FCC cannot accept a responsibility to improve minority access to radio and a year later decided it want to shift the responsible to Sirius XM then what the Third Circuit chastised the FCC in Prometheus rings true that the FCC ignores the issues of female and minority ownership.

Other than American Independent Radio there are two other Qualified Entities active on the docket that meet all the needs of Adarand and Sirius XM Voluntary Commitments. If given the opportunity to work together as the Voices under the American Independent Radio banner then the FCC has done its job by creating equality for all on the radio. Please don’t let the FCC walk away from its responsibility.

Regards,

Malik Shakur CEO

American Independents Radio