What The New Order Means

So The FCC published an order yesterday regarding my company wanting to acquire the 24 channels from Sirius XM. Here’s what is now required:

1. Twelve (12) of the channels are sent back to Sirius XM to decide who can get them now

2. Any one applying for the channels will be limited to four (4) two (2) on Sirius and two (2) XM

3. Sirius XM must enter in to leasing agreements by April 17, 2011

4. The Qualified Entity cannot be associated with Sirius XM in anyway

5. Sirius XM will make the selection

6. Sirius must:
Act in good faith when choosing Qualified Entity
Who would offer new source of programming, diverse entertainment content, provide original content or programming of a type not otherwise available to Sirius XM subscribers,
Would improve service to historically underserved audiences, and
Be able to meet its obligations and be able to deliver their proposed mix or type of programming for the duration of the lease term

7. The process of selection must be transparent

8. Cannot change of limit the channels that were allocated

9. No editorial control

10. Lease terms shall be 5 years

11.No subleasing and or assignment

12. Qualified Entity will indemnify Sirius XM for its content produced

13. The Qualified Entity will have the ability to get Advertising dollars

14. The creation of a mechanism for aggrieved Entities

So I have to kind of start over but unlike many that will apply I have already done the work. of the 14 points iClick2Media filed documents that outlined these same points for it American Independent Radio Project. iClick2Media will chase after the four (4) channels it is now able to get and continue to fight for the 12 channels that the FCC held.


So the fight continues.