American Independent Radio

My Open Letter to President Barack Obama

2012-01-26T10:52:00.000-08:00

Wednesday, January 25, 2012

RE: Generation X’s State of the Union

Dear Sir:

As I listened, then re-listened to your State of the Union speech, I am troubled at how my generation, a generation of men and woman whom as young children listened to the call about the importance of a college education then committed themselves to achieving that goal seem to be forgotten by your adminstration. For some of us this would be the first generation to go to college, for others second and sometimes even third. Many of who have spent thousands of dollars to become educated now holding BA’s, BS’s, MA’s, MS’s, MSW’s, MBA’s, PhD’s and JD’s unable to find any type of employment. We, Generation X were supposed to be the new middle class living the American dream, while contributing to her needs, keep her strong and powerful. However for many X’ers, we are now a part of the working poor and some educated professionals including myself are living below poverty line disenfranchised by what it means to be an American.

I believe the tools I have been given, an education, the ability to understand how to turn an idea into innovation and the drive to take an opportunity and turn it into some great is with in me. For example, in July 2008 the FCC issued an Order giving any small minority business the opportunity to be issued licenses for free under the Sirius XM Voluntary Merge Commitment. This commitment by Sirius XM accepted by the Senate committee and approve by the FCC made 24 channels available so the underserved Americans could have a voice on satellite, become a part of the conversation and no longer having disillusionment that they did not matter. This opportunity if performed as it was spelled out in the Order could of helped thousands of Americans get back to work. I took advantage of this opportunity and for two years chased, filed, met with various members of the FCC, provide solutions to the selection process, legal issues and voiced my concerns at all turns in this process. But because my government was more concern with big business than it was stopping its continued failure to support, educated and give access to its underserved people, it (the FCC) when no one was looking went against what the Senate committee accepted in approving the merger, its own Order and gave the channels back to Sirius XM who was more concern of doing what was best for them not the underserved.

This type of behavior is what many of my fellow X’ers has come to expect when it comes to their needs and wants not being answered by this government as a whole. I am not Middle America nor is my thinking Middle America, but your continued rhetoric about the suffering of Middle American and their Main Street’s leaves many of my generation angry, frustrated and down right bitter with your so called progress and job growth none of which we the educated X’ers qualify for.

The opportunity as mentioned above and others of this kind are how entrepreneurs have used in the past to help rebuild this country and because many of us have the education, work experience and the drive to succeed, many at the same time lack the resources, the access and or the necessary funds or meet the requirements (SBA two years of tax returns with income greater than $250,000) to create an opportunity of self employment let alone the ability to hire a staff to put other people in need of job back to work.

I have become somewhat bitter with my state of being but still I press on. I have never allowed my color or my faith to be a factor in what I can or can’t achieve. But my color and faith does cause me to pay the corporate BLACK TAX more often than I like too. I believe that I speak for so many Americans of my generation, that we as X’ers can say with one voice: “enough is enough, what about me, us, the educated individuals that have been left behind”. Mr. President what is my exit plan from getting from under this cloud? How do I rebuild my life? How do I find a job when my employment experiences are on the Internet, which means I can’t dummy down my resume because many employers are doing Google searches prior to setting up an interviews. If you can answer and solve this problem for so many of us college educated X’ers then give me that action plan PLEASE!

As a Muslim that is fourth generation freed in this country, I am the hope and the dream of the slave, yet my new second class citizenship of being unemployed, being stressed about making ends meet, my doubt at times of how I will get out of this rabbit hole that is dragging my generation down into the abyss of emptiness and what seems like the endless sacrifice of life essentials has cause me to rethink about how my government see me and how I see it. I am sure from your perspective you see me as one man venting but from my point of view I see a government that is more concern with it world image, its officials being re-elected and coming up with solutions about job creations that center on the non-educated middle class not the educated “suppose to be” middle class.

As Robert F. Kennedy said in a speech in 1966:

…Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring these ripples to build a current that can sweep down the mightiest wall of oppression and resistance. Few are willing to brave the disapproval of their fellow, or the wrath of their society. Moral courage is a rarer commodity than bravery in battle of great intelligence. Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change.

Mr. President, I am that voice, the one that Mr. Kennedy speaks of and I am willing to tell you like it is.

I implore you to re-think about my generation of Americans X’ers that are seldom mentioned but always talked around. My generation of educated professionals need help in finding solutions using their education to become gainfully employed again; providing entrepreneur opportunities for us to take an idea (as you stated in you 2012 State of the Union Address) and get it funded to help employ other Americans without all the red tape and the continued letters of rejection from the very banks that used our taxed dollars to be bailed out. The time is now to include the educated generation X’ers in your action plan to get Americans back to work, not to pretend we don’t exist or worst think we will figure it out on our own. MR. PRESIDENT THE TIME IS NOW FOR YOU TO WAKE UP AND LISTEN TO MY EDUCATED GENERATION X’ERS THE FORGOTTEN PEOPLE.

Regards

/s/ MS

Malik Shakur

Why We Fight For What we Believe In.

2011-01-31T08:17:00.000-08:00

I remember my dad giving me this speech to read. He told me that whenever I needed to be inspired or to keep on fighting remember your faith and these words.

"There is discrimination in this world and slavery and slaughter and starvation. Governments repress their people; millions are trapped in poverty while the nation grows rich and wealth is lavished on armaments everywhere. These are differing evils, but they are the common works of man. They reflect the imperfection of human justice, the inadequacy of human compassion, our lack of sensibility towards the suffering of our fellows. But we can perhaps remember -- even if only for a time -- that those who live with us are our brothers; that they share with us the same short moment of life; that they seek -- as we do -- nothing but the chance to live out their lives in purpose and happiness, winning what satisfaction and fulfillment they can. Surely, this bond of common faith, this bond of common goal, can begin to teach us something. Surely, we can learn, at least, to look at those around us as fellow men. And surely we can begin to work a little harder to bind up the wounds among us and to become in our own hearts brothers and countrymen once again. The answer is to rely on youth -- not a time of life but a state of mind, a temper of the will, a quality of imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease. The cruelties and obstacles of this swiftly changing planet will not yield to the obsolete dogmas and outworn slogans. They cannot be moved by those who cling to a present that is already dying, who prefer the illusion of security to the excitement and danger that come with even the most peaceful progress. It is a revolutionary world we live in, and this generation at home and around the world has had thrust upon it a greater burden of responsibility than any generation that has ever lived. Some believe there is nothing one man or one woman can do against the enormous array of the world's ills. Yet many of the world's great movements, of thought and action, have flowed from the work of a single man. A young monk began the Protestant reformation; a young general extended an empire from Macedonia to the boarders of the earth; a young woman reclaimed the territory of France; and it was a young Italian explorer who discovered the New World, and the 32 year-old Thomas Jefferson who proclaimed that “all men are created equal” These men moved the world, and so can we all. Few will have the greatness to bend history itself, but each of us can work to change a small portion of events, and in the total of all those acts will be written the history of this generation. It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance. Few are willing to brave the disapproval of their fellows, the censure of their colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change. And I believe that in this generation those with the courage to enter the moral conflict will find themselves with companions in every corner of the globe.

Robert F. Kennedy University of Capetown Capetown, South Africa June 6, 1966

AIR Is Nearing The Finish Line

2011-01-18T05:13:00.000-08:00

On January 5 2011 iClick2Media filed with Sirius XM and the FCC its programming line up for final approval. Its program focus was to include voices of the undeserved, minorities and women all that are becoming more and more absent on radio. the channels will include:

1. AIR Politico (Commercial)
2. BlackSpin (Commercial)
3. The Women’s Network (Commercial)
4. iTalk Network (Commercial)
5. Today’s Health (Non-Commercial)
6. Music 101 (Non-Commercial)
7. Popular Culture (Non-Commercial)
8. Faith (Non-Commercial)
9. Digital News 365 (Non-Commercial)
10. World News 24/7 (Non-Commercial)

iClick2Media stands by its belief that if change is to happen then the undeserved, minorities and women must be an active voice in that change.

During iClick2Media's 2 year quest for control of the 24 channels set aside by the Memorandum Opinion and Order Report and order July 2008 iClick2Media has provided to the FCC statistical data which included “The Infinite Dial 2008: Radio’s Digital Platforms”, “Aribton Listening Report 2008”, “Online, Satellite, HD Radio” and Podcasting”. “Off The Dial”, released in 2007, found that women and minorities own just 6 and 7.7% of all broadcast radio stations in the country respectively. The year before in 2006 “Out of the Picture,” an unprecedented report on broadcast television ownership, which found that women of all races own just 5% of the 1,400 commercial broadcast television stations in America. People of color, who make up 33% of the national population (and will be more than 50% by 2050), own just 3.6%. To further the point of the dismal outlook of minority on the dial the Third Circuit chastised the FCC in Prometheus v. FCC for ignoring the issue of female and minority ownership. For each of the above statistical data prove a consistence decline in mass media when it comes to the undeserved, minority and women.

Here are so more statistical data that supports iClick2Media’s position

According to the U.S. Census Bureau report show our nation will be more racially and ethnically diverse, as well as much older, by midcentury:

• Minorities, now roughly one-third of the U.S. population, are expected to become the majority in 2042.
• By 2050, the minority population — everyone except for non-Hispanic, single-race whites — is projected to be 235.7 million out of a total U.S. population of 439 million.
• The nation is projected to reach the 400 million-population milestones in 2039.
• The black population is projected to increase to 65.7 million, or 15 percent in 2050.
• The Asian population is projected to climb to 40.6 million
• Among the remaining race groups, American Indians and Alaska Natives are projected to rise to 8.6 million.
• The Native Hawaiian and Other Pacific Islander population is expected to more than double to 2.6 million.
• The number of people who identify themselves as being of two or more races is projected to triple to 16.2 million.

These number show the how as a nation we are changing and how we must not wait for it to happen we must be a part of that change and that what AIR is all about; providing content that give a voice to the voiceless, opens the door to an audience looking for such content and providing a space were the undeserved minorities and women can become a part of the conversation on satellite, mobile and in the digital space.

Though all mass media outlet in one way or the other has programming, there is not one that is sole focused on this population and how to fold them into the conversation. When Sirius and XM were separate company there might have been opportunity for that to occur but that opportunity was removed when the companies merged. But when you read the Memorandum Opinion and Order Report and order and the subsequent Orders, Comments, Reply Comments, Ex Parte Letters and face to face meeting with members of the FCC you can only reach one conclusion, these channels were set aside to ensure the undeserved, minorities and women would be included not excluded as it has happen and continues to happen in terrestrial radio.

The movement for change has always started on a local grassroots level throughout the fabric of American history. The goal of American Independent Radio is to give Main Street and beyond a voice, by using:
A high tech means so they too can be heard,
Have the ability to share the wealth of information, and
To experience our rich heritages and voices in a fair and open forum

iClick2Media see’s these channels as a Digital Grassroots Movement for the undeserved markets, giving them a voices, a place for their ideas and goals to be shared that can be heard in a race natural space. This helps moves iClick2Media’s goal forward removing racial and gender inequality in mass media. If we are to achieve a true race neutral society then we must first having an understanding of what opinions we have be it positive or negative and having an understanding that though we are different we all wants the same things. This concept helps to erased past ideas and assist in building an understanding of who people are what they share in common, their likes and dislikes. This idea is quintessential to making a difference for the undeserved, minorities and women currently not represented in mass media but needing to become a part of the conversation if change is to occur.

Malik Shakur
CEO
iClick2Media
An Independent Creative Artists Company

How to Attract Talent to Your Start-Up

2011-01-05T06:27:00.000-08:00

At a start-up, you need employees that are in it for the long haul and fit your unique culture. Find out where to look, what to look for, and what to offer a new hire.

Employees are valuable. So are referrals. That was the thought behind Meebo's decision to offer a $5,000 reward to anyone who referred qualified potential employees to the company that launched in 2005. The only stipulation? People would only get paid if the candidates got hired.

As an instant-messaging and social media service, Meebo never really had trouble finding and attracting talent. They offered employees referral bonuses, posted on job boards and committed themselves to so-called "guerilla recruiting." But they realized, some time in May of this year, that they had 10 high-level jobs to fill and they hadn't been using all of the resources available to them to find the best talent. They hadn't yet reached out to their massive user network.

So, Vice President of Human Resources Tom Perrault and his team decided to offer the public the $5,000 prize.

"Good talent is going to make the difference in the growth of our organization and in the future," says Perrault. "So we're willing to pay for good talent."

The referrals the company got, especially from vendors and external partners were, in Perrault's words, "spot on," and the experiment was a success. The moral of the story, though, is not that you have to throw money around to attract top talent.

Instead, the takeaway message for recruiting is: play to your strengths (in Meebo's case, it's networking), be active, not passive, and get your name out there. This guide will provide a few recruiting tips, as well as what to look for in a new hire, and how to entice the best talent.

How to Attract Talent to Your Start-up: Face-to-Face Interaction

No matter how small the internet has made the world, experts still recommend in-person networking as the No. 1 way to recruit talent.

"I've done a lot of placing people into positions, and I have never used a job board as a way to do that," says Rich Sloan, co-founder of StartupNation. 'Personal [interaction] is so much more powerful and important to me."

Start at your local Chamber of Commerce, which should list information on industry events happening in your area. Don't stop there, though. Research local industry groups and associations. "Every type of business has their own meetings," says Martin Zwilling, founder and CEO of consulting group Startup Professionals. "You'll find people who know your business and are looking for opportunities."

Even if you don't find employees at these industry events, you will at least make contacts who understand your needs and will put you in touch with other people they know.

Or, you could create your own networking events, as Meebo did. Perrault says the company started scheduling Meebo meetups around the world and asking fans and users to come out to rub elbows with the Meebo staff.

"We'd say, "Hey, we're going to be in Chicago. We're going to be in Japan. We're going to be in New York. If you're interested in Meebo, come to XYZ coffee shop,'" he says.

At these events, they hand out cupcakes and t-shirts. Once, one of Meebo's founders even played JavaScript bingo with people who showed up. They wanted to give guests a memorable experience because, says Perrault, "It wasn't just about recruiting. It was about building a community, and people who show up to those things have a heightened interest in Meebo."

Even if you don't have a huge network of people to advertise your meetups with, you can always try becoming an official Meetup group to get the word out.

And don't forget about schools and universities. Job fairs abound, so it's wise to get in touch with career counselors at both local schools and schools that have high-performing graduates in your field to see how you can get involved.

"Every university makes efforts to get interconnected with the entrepreneur community," Zwilling says. "They have outreach programs, and the people who are involved are the people who will find you interns and people who will be graduating soon."

Meebo judges and sponsors programming competitions at schools like MIT, Stanford and Berkeley, so they can see firsthand where the real talent is.

How to Attract Talent to Your Start-up: Use the Internet Wisely

No one wants to sift through endless responses from a job board listing. You may find the right candidates in the end, but you'll waste precious time separating what Perrault calls "the weak from the champs."

This is not to say, however, that you can't find good talent for your start-up online. In the era of social networking, there are tons of sites dedicated to matching qualified applicants with the right employers, including Startupers, VentureLoop and Startuply. You can even try InternshipIN to find people while they're still in school.

Make sure, when you register for these sites, that your profile reflects the spirit of your company. That goes for your Facebook presence, too. If your business is casual and fun, you'll need people who are attracted to that type of environment, and your time will be best spent if you find these people from the very beginning.

How to Attract Talent to Your Start-up: What to Look For

"There are certain kinds of people who thrive in an environment with the risk profile and anarchy of a start-up," says Sloan. "Start-ups demand great working relationships. There can be no issues."

This means the cultural fit is equally as important as what's on a person's resume. Zwilling recommends looking for people who are results-oriented, people who can tell you what exactly they've done in their careers. As you probably know already, responsibility gets pretty evenly distributed in a start-up with a small staff. You need to know that people can produce when given that responsibility.

"I hear a lot of people talk about what their job description is, but I'm looking for results," Zwilling says.

He also recommends looking for someone who is "attracted to the promise of a big win." The road may be rough at first, but someone who's ready to see your business through and can tell you why it's worth it to them is someone you want on your team.

If your business requires long or odd hours, look for someone whose other commitments aren't going to prevent them from contributing. And, most importantly, you should steer clear of people who list being tired of the corporate world as one of their main reasons for applying. That doesn't automatically mean they're ready for the start-up world, either.

Preempting these issues is key, so Sloan suggests putting all potential employees through a training session. He says, "The test period will reveal what the dynamics really are."

How to Attract Talent to Your Start-up: What to Offer

As a start-up, you might not be able to offer top talent all the benefits and employee perks that a big corporation can, but what you can offer is the promise of purpose and independence.

According to Sloan: "People get involved in a start-up for three reasons. One, they like creating, being part of something new. Two, they want to participate in the upside. Three, they want to live a meaningful life, and the closer you are to the success or failure of a business, the more meaning and purpose you feel."

Without a corporate ladder to scale, employees at start-ups can also start out with higher job titles, which can be a big incentive for driven individuals.

No matter how driven a person is, though, he or she will still want to be reassured that the company will be around a few years from now. Sloan suggests being open about your financial situation, discussing your business plan and demonstrating knowledge about your place in the industry. You don't want your new hire to face any surprises during the first few weeks.

In addition to promising purpose and more important roles, many start-ups have another secret weapon to help them secure top talent: a casual and fun working environment. If you've got one, don't be afraid to show it off. Meebo puts all its new hires through a three-hour work simulation, in which new hires not only get to demonstrate their skills, but they get to see how the office operates day-to-day.

"If we get them in the door, we have a fighting chance," says Perrault. "When we do the debrief, every single person says, 'It's so easy to see the enthusiasm of your employees, and it's infectious.'"

How to Attract Talent to Your Start-up: Always Be on the Lookout

Don't lose recruiting momentum just because you've filled all current positions. "Even if you don't have an opening right now, eventually you'll have an opening, and you need to get people interested, so by the time you're ready, they'll want to join you," Perrault explains. "If you're not recruiting all the time, you're not doing it right."

Sloan suggests keeping a running list of all the people you meet or hear of who impress you. He calls it a "Superstar list." "It's good to always keep track of outstanding people," he says, "because you never know how or where you can plug them in."

Even when you're not actively recruiting, you can still engage talented people in non-traditional forums. Meebo posts JavaScript puzzles on its site, and every once in a while, when someone does particularly well, Perrault's team may contact that person to discuss job opportunities at Meebo.

"It's so clear to everyone here that recruiting is not just an HR job. Everybody here understands recruiting is the lifeblood of our organization," Perrault says, "and that makes for a richer and stronger recruiting process."

10 Things to Do Before You Start Your Start-Up

2011-01-04T09:33:00.000-08:00

Is your great idea good enough? Can it grow in this slow economy? Can it become profitable, and return on any investments it requires?

Well, there's no way to know until you try, right? Hardly. There are some ways to prepare yourself, test your idea, and improve it before you actually found a company around it. We've compiled the best examples from recent Inc. articles and Inc.com guides of tips for the very early steps of building a start-up.

1. Scope out your industry.

Or, if you're just starting to think about entrepreneurship in general, find the best industry to fit your style and talents. For example, this year's burgeoning industries include interactive technology (from mobile app design to tech-savvy translation), wellness (healthy beverages), and little luxuries, such as baked goods. When you start honing in on a specialty area, seek out counselors and talk to industry veterans. You can go to SCORE, the SBA, the Women's Economic Development Agency, or scores more. The Internet, your local library, the U.S. Census Bureau, business schools, industry associations, can be invaluable sources of information and contacts. For instance, you might approach business schools in your area to see if one of their marketing classes will take on your business as a test project. You could potentially get some valuable market research results at no cost. Read more.

2. Size-up the competition.

Study your competition by visiting stores or locations where their products are offered. Say you want to open a new restaurant. For starters, create a list of restaurants in the area. Look at the menus, pricing, and additional features (e.g., valet parking or late night bar). Then check out the diners those restaurants appeal to. Are they young college students, neighborhood employees, or families? Then, become a customer of the competition. Go into stealth mode by visiting its website and putting yourself on its e-mail list. Read articles written on them. Sign up for e-mail alerts about search terms of your choice on Google News, which tracks hundreds of news sources. After you study it, deconstruct it using Fagan Finder, a bare-bones but very useful research site. Plug the address into the search box. You will be able to quickly learn, for example, the other sites that link to it, which can reveal alliances, networks, suppliers, and customers. Business data aggregators such as Dun & Bradstreet and InfoUSA provide detailed company information, including financials, although the services are not cheap. Your aim is to understand what your competition is doing so you can do it better. Read more.

3. Second-guess yourself.

"The biggest mistake I see these days is thinking that a business idea will automatically turn into a viable business model," says Terri Lonier, president and founder of Working Solo, a New Paltz, New York-based business strategy consultancy, and author of Working Solo: The Real Guide to Freedom and Financial Success with Your Own Business. Then again, what if the idea really is viable? "A lot of people start with a kitchen table idea," says Marla Tabaka, a business coach who writes The Successful Soloist blog for Inc.com. "It's a great idea you come up with your cousin at dinner. But then the business booms, and your growth gets out of control. You need a plan." Another important consideration is your personal financial resources. Make sure you have a considerable amount of capital set aside, especially because in a sole proprietorship you assume personal liability for all activities of that business. If you borrow money and can’t repay it, your personal assets are at stake. Read more.

4. Think about funding. A lot.

Can you bootstrap your company? Or are you going to need a small business loan? Might an entrepreneur in the family be able to invest, or should you look for venture capital or an angel investor? Money is a big topic for entrepreneurs, and you'll want to know your options early on. In order to get investors to open up their checkbooks, you’ll need to convince them that your idea is worthy and also be willing to subject yourself to increased scrutiny and give up a percentage of your company. That’s why it’s a good idea to first ask yourself whether you really need a professional investor at all, says David Henkel-Wallace, a serial entrepreneur who has raised $60 million from VCs. "If you’re starting a web software or mobile software company, you might be able to bootstrap it, which has the advantage that you get to keep all the money you earn," says Henkel-Wallace. "You could also look into borrowing from friends and family – or even take out a second mortgage – for the same reason." If you decide your business can only get to the next level with the aid of a professional investor, then you need to figure out what a potential backer looks for in a budding company, says Martin Babinec, who raised six rounds of funding through the business process outsourcing firm he founded, TriNet, which now boasts annual revenues in excess of $200 million. Start doing your research now, and don't talk to investors until you have a strategy that involves foreseeable future liquidity

5. Refine your concept.

Adrienne Simpson initially intended to run a traditional moving company out of her home in October 2002. The idea came to her after relocating her mother from Georgia to Michigan. "I thought I'd put everything in a box, put it on a truck and send her on her way. Oh, no! Mom started walking me through her home, pointing at things saying, 'I'll take that, let's sell that, and I want to give that away,'" she recalls. By the second year of operation, Simpson shifted gears to make her Stone Mountain, Georgia-based company, Smooth Mooove, specialize in transporting seniors—and their beloved pets—and providing such value-add services as packaging, house cleaning, room reassembly, antique appraisals, estate sales, and charity donations. Her crew does everything: put clothes in the closets, hang drapes, make the bed, fill the refrigerator. But even still business was stalling. "I knew how to run an existing company, but I didn't know how to run a start-up," says Simpson, who worked 20 years for Blue Cross/Blue Shield and 10 years with Cigna Healthcare. Seeking money and marketing advice, Simpson went to the U.S. Small Business Administration (SBA) office in Atlanta and was connected to SCORE (Service Corps of Retired Executives) counselor Jeff Mesquita. "When you position your company you have to think outside of the box in terms of what makes you different from the competition," says Mesquita. "Adrienne described that what she does is move seniors from A to Z, so, when they arrive to their new home it is like walking into a hotel room." The only thing her clients have to bring is the clothes on their back (and maybe their pet under their arm). That's when Mesquita suggested the business name change to Smooth Mooove Senior Relocation Services. That same night, Simpson went to a networking event. When people asked 'what do you do?' and her response was 'I have a senior relocation service.' Right away people said 'Oh, you move seniors." The business took off from there. Read more.

6. Seek advise from friends, mentors … or anyone, really.

A mentor can be a boon to an entrepreneur in a broad range of scenarios, whether he or she provides pointers on business strategy, helps you bolster your networking efforts, or act as confidantes when your work-life balance gets out of whack. But the first thing you need to know when seeking out a mentor is what you’re looking for from the arrangement. What can your mentor do for you? Determining what type of resource you need is a crucial first step in the mentor hunt. Lois Zachary, the president of Leadership Development Services, a Phoenix, Arizona-based business coaching firm, and author of The Mentee’s Guide: Making Mentoring Work for You, recommends starting with a list. You may want someone who’s a good listener, someone well connected, someone with expertise in, say, marketing, someone accessible. Ideally you could find a mentor with all of these qualities, but the reality is you may have to make some compromises. After you enumerate the qualities you’re looking for in a mentor, divide that list into wants and needs. Who's best as a mentor? Look within your family, friends, business community, academic community, and even at your competitors – well, not your direct competition, but you get the idea. Read more.

7. Pick a name.

Naming your business can be a stressful process. You want to choose a name that will last and, if possible, will embody both your values and your company’s distinguishing characteristics. But screening long lists of names with a focus group composed of friends and family can return mixed results. Alternatively, a naming firm will ask questions to learn more about your culture and what's unique about you - things you'll want to communicate to consumers. One thing that Phillip Davis, the founder of Tungsten Branding, a Brevard, North Carolina-based naming firm, asks entrepreneurs is "do you want to fit in or stand out?" It seems straightforward. Who wouldn't want to stand out? But Davis explains that some businesses are so concerned about gaining credibility in their field, often those in financial services or consulting, that they will sacrifice an edgy or attention-getting name. "However, in the majority of cases, clients want to stand out and that's a better approach when looking at your long-term goals. Even the companies that say 'I just want to get my foot in the door' will usually begin wishing that they stood out more once they pass that first hurdle."

8. Get a grasp on marketing strategies.

You don't need to be a marketing whiz, but if you’re trying to build an idea from the ground-up, you'll likely need to build an accompanying marketing strategy from the ground up. In doing so, you need to be clear on who your customers are, because you don’t have any time to waste on marketing to those who aren’t. "That’s really the biggest challenge, determining who exactly your customers are," Lonier says. "Many times [business owners] think they understand who they are, but you need to be willing to interview and test potential customers, particularly in the early days of a company, in order to be able to build those relationships." One way to make marketing easier is through joint-venture marketing, Tabaka says. When she owned a coffeehouse in Naperville, Illinois, she realized that her company and a major drugstore in the same shopping center could work together and support each other’s marketing goals. Another important and relatively easy way to get your name out into the market is building your web presence through social media like Twitter and Facebook. Be sure you familiarize yourself with and utilize Search Engine Optimization (SEO) to make it easier for people to find your website. Read more.

9. Do a little test-run.

"The best way to test your idea is if you're employed full-time and can sell your product or service in the marketplace on weekends," says Sapp. If the business is already your day job, then you have to move quickly to test, verify, and tweak your model," he adds. Try surveys, polls, and focus groups to gain insight into attitudes about your business idea. Solicit feedback on the cheap by using online survey tools available through such services as Zoomerang.com, Surveymonkey.com, and Constantcontact.com. The goal is to get to know your customers intimately. What turns them on? What causes them to tune out? Are they impulse buyers or do they like to deliberate over their buying decisions? There are a lot of products that people like but don't buy, says Sapp. The price might not be right, for example. "Use social media to hone in on certain groups that can become your focus group," says Susan Friedmann, a nichepreneur coach, in Lake Placid, New York and author of Riches in Niches: How to Make it Big in a Small Market. "Check out chat rooms, communities on social networks like Ning or Facebook, industry groups within LinkedIn," she says. "What are people discussing? Letters to the editor or articles in trade publications are resources for finding out about challenges in that particular industry. What are people writing about? What do people want to know about?" Knowing the answers to these types of questions may help you refine your idea. Read more.

10. Start searching for future talent.

This might sound premature, but don't forget that your business is supposed to grow someday. Keep your eyes peeled all the time for people who might fit into your organization – even if you can't afford to pay them yet. No matter how small the internet has made the world, experts still recommend in-person networking as the No. 1 way to recruit talent. "I've done a lot of placing people into positions, and I have never used a job board as a way to do that," says Rich Sloan, co-founder of StartupNation. 'Personal [interaction] is so much more powerful and important to me." So, if you meet someone interesting or knowledgable at a networking event, or even if you get particularly impressive service somewhere, be it a museum gift shop or helpline, ask that person a bit about themselves, what kind of business they see themselves in in five years – and the best people around will stick in your mind for when you need them.

35 Percent of Blacks Watch TV Online, 13 Percent Consider Cancelling Cable

2011-01-03T19:12:00.001-08:00

As African Americans continue to bridge the disparity in broadband usage and access, we’ve witnessed a number of trends that show that not only are we adopting technology, we’re beginning to dominate in usage. Blacks currently outpace other ethnic groups in mobile phone usage according to the Pew Report and now it seems online television may become the next frontier.

According to a new study titled “Multiplatform Content and Services: Multicultural Edition,” from Horowitz Associates, African Americans are now the biggest consumer of Internet TV. For those unfamilar with Horowitz, they are a leading provider of consumer research for cable operators, television networks, Internet and broadband companies to name a few. The study comprised of 1,000 survey participants nationwide that have broadband access in their homes. The report states that Asians currently lead the pack with 48% watching television online with Latinos at a close second at 46% and African Americans and Caucasians coming in with 35% each. When it comes to watching television via a handheld device the numbers shift with 22% of Hispanics, 19% of blacks and 16% of Asians tuning in.

While alternative forms of television are being employed, it should be noted that the traditional set continues to reign supreme with 74% of blacks responding that they still watch most of their programs on a regular set. Whites and Latinos weighed in with 75% and Asians with 70% keeping it old school with the TV. It should be noted that the term “traditional set” wasn’t defined in the study, so it’s unclear where current TVs that stream online content and allow users to surf the net fall into the equation.

With the increasing popularity of online TV are minorities ready to cut their cable subscriptions? Not exactly. According to the report, only 13% of African Americans are ready to take the leap. Asians and whites were more sold on the possibility with 24% and 25% respectively. Latinos were somewhere in the middle with 18%. The tide is turning in digital’s favor according to the Pew Internet & American Life Project whose recent study shows that 65% of Internet users have paid for content with 16% paying for TV shows, movies, and videos.

Top 10 little known facts about Teena Marie

2010-12-28T18:00:00.000-08:00

While the world awaits word as to the cause of death for R & B singer Teena Marie, we look back at some things about the “Ivory Queen of Soul’s” life you might not have known:

1) She has a connection to “Saturday Night Live” – The singer was godmother to former “SNL” cast member Maya Rudolph who is the daughter of the late legendary singer Minnie Ripperton and music producer Richard Rudolph. Richard Rudolph produced Marie’s second album, “Lady T.”

2) She was a free spirit early on – Marie admitted during a TV One episode of the show “Unsung” that she got into a little bit of trouble while a student at Venice High School in Los Angeles, California. During a production of the musical “Carousel,” she was booted out for smoking marijuana, the singer said.

3) Fans weren’t the only ones surprised by her ethnicity – Early in her career, Motown opted not to send out press photographs so as not to prejudice fans and radio stations with the fact that Marie was white. But one of her childhood friends, singer Mickey Boyce-Ellis, reportedly said she didn’t realize her best friend was white until one day Marie’s mother came to school to pick her up.

4) She and Rick James weren’t just musical partners – The pair shared a tumultuous love affair which Marie said resulted in a two week long engagement. The "Super Freak" singer produced her early work and they famously dueted on the passionate single “Fire and Desire.” They broke up in 1981 but reconciled musically in 2004 for a tour and a performance on the BET Awards which earned a standing ovation. James died two months later.

5)She was a rap pioneer – Marie was one of the first musical artists to incorporate rhyme into an R & B song. In 1981, she rapped on her single “Square Biz” off the album “It Must Be Magic.”

6) She crossed racial boundaries – The singer was embraced by the Black community, as has been evidenced by the outpouring of grief and tributes since her death. In 2004, she was signed to a sub-label of the successful Cash Money Records, home of rap superstar Lil Wayne. She later moved on to the Stax Records. In his Atlantic essay “The Indomitable Blackness of Teena Marie,” writer Ta-Nehisi Coates says "I'm sure some of the old-heads here, can come up with a corollary, but I'm having trouble thinking of a white artist whose relationship to black music mirrored Teena Marie's. More specifically, I can't think of a white artist who was more beloved by such a large swath of black people than Teena Marie."

7)She influenced law – After leaving Motown Records in the 1980s, the label sued her and she responded in a countersuit which resulted in the “Brockert Initiative” which was named for the singer whose real name was Mary Christine Brockert. The initiative clarified a California law which made it impossible for record labels to keep a performer under contract without paying them royalties.

8)She remained a part of the Motown family – Despite the legal troubles, Marie and Berry Gordy remained close and she often referred to him as her father. The Motown founder has said he is devastated by her death.

9) She’s not the only singer in the family – Marie was often joined these past few years on stage by her daughter Alia Rose who performs under the name Rose Le Beau. The pair were extremely close (Marie had refered to her daughter's Christmas birth as her greatest gift) and it was her daughter who reportedly discovered Marie’s body. "The thing that I am most proud of is my child,” Marie told TV One. “That I was able to do these things that I did, but I was able to still be a good mother."

10) She loved Sarah Vaughn to the end – Not only did Marie pay homage to the great jazz singer in interviews and song (in “Square Biz” Marie raps about her) but one of her last tweets the day before her death quotes Vaughn: “May you never grow old, and may I never die.”

2010-12-20T22:09:00.000-08:00

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554

In the Matter of

Applications for Consent to the Transfer of MB Docket No. 07-57
Control of Licenses,

XM Satellite Radio Holdings Inc., Transferor,

to

Sirius Satellite Radio, Inc., Transferee

To: The Commission, Office of the Secretary
Attn: Chief, Media Bureau

REPLY COMMENTS OF iCLICK2MEDIA

iClick2Media an Independent Creative Artists Company submits these comments with limited support for the Petition for Reconsideration of Clarification by the Minority Media and Telecommunications Council (“MMTC”) filed in response to the Commission’s October 19, 2010 Supplemental Merger Order. In that Supplemental Merger Order, the Commission had adopted the implementation details for the voluntary commitment made by Sirius Satellite Radio Inc. (“Sirius”) and XM Satellite Radio Holdings Inc. (XM) to lease a portion of their combined channel capacity to certain “Qualified Entities” as a condition to the merger of the two satellite broadcasters (hereinafter, “Sirius XM”) on July 28, 2008 (“Leasing Condition”). In particular iClick2Media agrees that the new definition of Qualify Entity should be clarified and also believes the commission should remove any and or clearly define any language that has any ambiguity as discussed in iClick2Media’s Letter of Opinion to the Commission on November 12 2010 . iClick2Media however does not agree with MMTC concept to now include three race-neutral (but not racially dilute) classifications: Historically Black Colleges and Universities (HBCUs), Hispanic Serving Institutions (HSIs), Asian American Serving Institutions (AASIs), and Native American Serving Institutions (NASIs). iClick2Media like the others on the docket have filed comments and met with the members of the FCC stand firm in its belief that the order should be set aside and the original plan as defined in the order when the FCC approved the merger between XM and Sirius should stand.

Further as I stated I applaud your efforts in finding a solution that included all the active parties ideas, and concepts on the docket however history has show that without clear distinctness of terms in place the underserved is seldom served. By back peddling the FCC continues to maintain the status quo when it comes to the underserved, minorities and women in telecommunications. The line between racial preference and race-neutral is finding the less restrictive mean of achieving equality. It does not mean walking away from your responsibility a responsibility the FCC obligated itself to oversee and has a duty to ensure fairness over such communication.

The latest Radio Television, Digital News Associations (RTDNA) Hofstra University Annual Survey finds that the percentage of minority news directors rose in both television and radio. But those were nearly the only positive numbers in the survey. Overall, the percentage of minorities in both radio and television fell for the third straight year, although the drop in TV was small. Women in radio news rose slightly, but the percentage of women radio news directors went down, as did both the overall percentage of women in TV news and women TV news directors. The drop in women TV news directors was small, and the percentage of women TV news directors stands at the second-highest level ever. As far as minorities are concerned, the bigger picture remains unchanged. In the last 20 years, the minority population in the U.S. has risen 9.4 percent; but the minority workforce in TV news is up 2.4 percent, and the minority workforce in radio is actually half what it was two decades ago. Still, TV news diversity remains far ahead of newspaper (see sidebar).

For the second year in a row, the percentage of minorities in television decreased from the year before. In fact, we end the decade with no gains whatsoever for minorities in TV news, and the percentage of minorities in radio news is down substantially. In TV, much of the drop in minority employment -- and Hispanics specifically – came from a drop at Hispanic stations. Among non-Hispanic stations, minority employment slipped by just 0.3 percent to 19.3, down from last year's 19.6 percent.

At non-Hispanic stations, the minority break down is:

• 10.3 percent African American (up from 9.8 percent)
• 5.7 percent Hispanic (down from 6.2 percent)
• 2.8 percent Asian American (down from 3.1 percent)
• 0.5 percent Native American (unchanged from a year ago)

Overall, 73.9 percent of the TV news workforce at Hispanic stations are Hispanic. That's up slightly from last year's 72 percent. Twenty percent are white; 3.5 percent are Asian American; 2.6 percent are African American. That's down for white and black and up for Asian American.

As usual, men outnumber women for almost all groups except Asian Americans, where women out number men 1.5:1 and Native Americans, which were even. Otherwise, differences are greatest among Hispanics 3.6 percent male to 2.2 percent female; whites: 48.6 percent to 31.2; blacks 6.7 percent to 4.8 percent.

In radio, the percentage of minorities fell substantially. All groups dropped except Native American.

The overall percentage of minority news directors in TV increased by almost two percent last year. It's still below the all-time high, but it's certainly among the highest percentages I've seen. Much of that was fueled by a jump in Asian American news directors. Historically, minority news directors have been concentrated in the largest markets. It's still highest in markets 1 - 25, but the percentages are in double digits for all market sizes except 51 - 100. That's a first. The percentage is still lowest at the largest stations -- just 2.8 percent minority in newsrooms of 51+ staffers. Fox affiliates had the highest percentage at 15.8 percent, followed by CBS at 10.8 percent. Both ABC and NBC affiliates were between 6 and 7 percent. Still, the big four network affiliates, overall, had 9.7 percent minority news directors. That's up from 6.9 percent the year before. As usual, minority news directors were most common in the South and West and least likely in the Midwest.

At non-Hispanic TV stations, the percentage of minority news directors rose from last year's 7 percent to 8.9 percent. That's just off the all time high of 9.1 percent two years ago. 3.2 percent were African American; 2.5 percent each for Hispanic and Asian American; and 0.7 percent Native American. That's about the same for African American and Native American and up for Hispanic and Asian American. The percentage of minority news directors in radio tripled from last year's paltry 2.2 percent to this year's 7 percent. All minority groups went up except Asian American, which slid slightly. Group-owned stations were less likely to have minority news directors than independent stations.

At 28.4 percent, the percentage of women TV news directors fell 0.7 percent from last year's all-time high of 29.1 percent. It's still the second-highest percentage ever. It’s also worth emphasizing that the percentage of women TV news directors in the RTDNA /Hofstra University Annual Survey is based on a complete station census – not projected from a smaller sample. So 28.4 percent isn’t a rough figure, it’s an exact one. Women news directors were highest in the Midwest and then West and lowest in the South. There was no meaningful difference based on network affiliation.

Women have been right around the 40-percentage mark of the TV workforce for more than a decade. Last year, the number edged up to 41.4 percent, but this year it's back down to 40.0 percent. That could indicate that women in TV news lost their jobs at a higher rate than men, but it could also just be an anomaly in the numbers. Perhaps I'll have the answer after next year's survey.

Readers with sharp eyes might wonder how women can be in all stations based on staff size but in smaller percentages based on market size. That's because I have all market sizes for all stations, but quite a few stations don't tell me exact staff size. All the stations that supply staff size reported having women in the news department, but that wasn't the case for all stations that returned the survey. That kind of disparity doesn't happen often, but it's one of the hazards in survey research.

A mixed picture for women in radio news in 2010, the percentage of women in the radio workforce stayed essentially the same (up by 1.0 percent). The percentage of stations with women rose by 10 percent, but the percentage of women radio news directors fell by 9 percent. The opposite of last year, women were actually more likely to be news director at stations with larger staffs but less likely to be in the Northeast than elsewhere in the country.
Major markets are those with 1 million or more listeners. Large markets are from 250,000 to 1 million. Medium markets are 50,000 to 250,000. Small markets are fewer than 50,000.

Minority numbers in TV news present a mixed picture. The percentage of minority TV news directors rose by almost 2 percent in the last year to one of the highest levels ever. At the same time, the overall minority workforce dropped by about a percent and a half, and there was a large, puzzling drop in the percentage of stations with minorities. I suspect the latter number is an aberration that will disappear next year.

There are few consistent trends within the minority data. Generally, the larger the market has the higher percentage of minorities. Fox affiliates were a little more likely than other network affiliates to have minority news directors, and ABC and NBC affiliates were least likely to have minority news directors. As usual, stations in the South and West were more likely to have minority news directors and stations there also tended to have a higher percentage of minorities in the newsroom.

Even as the percentage of the minority workforce in radio news fell to one of its lowest levels ever, the percentage of minority radio news directors rose substantially from last year. At 7.1 percent, the percentage of minority radio news directors isn't the highest it's been, but it's certainly on the high end of the scale.

Both minority and women numbers are up slightly from a year ago, but they look a lot like last year. Women GMs (at stations that run local news) are more likely to be found in smaller newsrooms and at ABC affiliates and less likely in the Northeast.

At 2.7 percent last year, it was hard to imagine that minority general managers (at network affiliates that run local news) could become even more white, but they did. Now, under 2 percent of those GMs are minorities. The overall percentage of minority went up slightly because minorities at independent stations went up. Among the network affiliates, ABC and NBC stations were much higher than CBS or Fox -- but all were low.

At non-Hispanic stations (which run local news), minority GM numbers were cut by one-third from a year ago ... which was down two-thirds from the year before that. Minority GMs at non-Hispanic stations have gone from 9.8 percent to 3.1 percent to 2.6 percent in the latest survey. Most of those are black. Seventy percent of the GMs at Hispanic stations are Hispanic; the rest are white.

Radio General Managers – 2010

Percent Caucasian Percent Minority Percent Men Percent Women

All Radio 92% 8.0% 81.7% 18.3%

Both minority and women numbers went up in the last year. Both are more likely to be found at non-commercial stations and independent stations. Minority GMs were also most likely to be in the Northeast, then the West.

The RTDNA/Hofstra University Survey was conducted in the fourth quarter of 2009 among all 1,770 operating, non-satellite television stations and a random sample of 4,000 radio stations. Valid responses came from 1,355 television stations (76.6 percent) and 203 radio news directors and general managers representing 301 radio stations.

Some data sets (e.g. the number of TV stations originating local news, getting it from others and women TV news directors) is based on a complete census and is not projected from a smaller sample.

ADDITIONAL MATERIAL:
Age - 2010

The typical TV news director remained in the mid 40s. The median was 44 and the average was 45. Overall, the age ranged from 28 to 69. Generally, news directors were a little older in the largest markets and the largest stations, but the differences were quite small. Network affiliation and region made no difference.

News directors appear to be getting a lot less nomadic. The typical TV news director had been at his or her station for just over 6 years (although not necessarily as news director). The average tenure at that station for the news director was eight and a half years. One news director had been at the station for 48 years. The numbers didn't vary a lot by market size, although news directors in the very smallest markets tended to have been there a little less than for other markets. Overall, news directors were a little more stable in the Midwest and Northeast than in the South and West. In radio, the median age for news director was 48 and the average was 45. Interestingly, the average and median ages for news directors at commercial stations was about 10 years older than for those at non-commercial stations. Radio news directors are even less nomadic than TV news directors. The typical (median) radio news director had been at his or her station for 6 years (although not necessarily as news director). The average tenure at that station for the news director was 10.3 years.

Newspapers and TV

The 2010 survey by the American Society of News Editors found that minority journalists make up 13.3 percent of newsroom employees at daily newspapers. That’s down 0.1 percent from the 2009 number.

Daily Newspapers TV News

Minority population 13.3% 20.2%

African American 4.9 11.5

Hispanic/Latino 4.6 5.8

Asian American 3.3 2.3

Native American 0.5 0.5

Women 36.6 40.0

Daily Newspapers TV News (non-Hispanic only)

Daily Newspapers TV News

Minority population 13.3% 19.3%

African American 4.9 10.3

Hispanic/Latino 4.6 5.7

Asian American 3.3 2.8

Native American 0.5 0.5

Women 36.6 40.0

The above statistical data is necessary in these reply comments to show the underserved, minority and women are on a continue decline in several medium of communication. If the FCC does not reconsider its Order to allow Sirius XM to choose whom will be given the Licenses the voices of the underserved, minorities and women will continue to get smaller and smaller.

Respectfully submitted,

/s/ Malik Shakur

iClick2Media
An Independent Creative Artists Company

By
Malik Shakur CEO

December 19, 2010

iClick2Media’s Opinion on New Order

2010-11-12T10:09:00.000-08:00

Marlene H. Dortch
Secretary
Federal Communication Commission
224 12 Street S.W.
Washington, D.C. 20554

RE: iClick2Media’s OPINION ON the MEMORANDUM OPINION AND ORDER 07-57 Adopted: October 18, 2010 Released October 19, 2010

Dear Ms. Dortch:

I applaud your efforts in finding a solution that included all the active parties ideas, and concepts on the docket. Though you did not adopt any of AIR’s ideas and concepts per say the fact that you saw the importance of including parts of AIR’s objectives is clear our concept for the 24 channels is on the right path: Some of those points include:

Qualified Entity Definition

To minimize the possibility of litigation regarding the constitutionality of the definition of a Qualified Entity, which could delay implementation of this important public interest benefit, we have decided to define “Qualified Entity” in this Order in a manner that is race-neutral.

Transparent Selection Process

Although we do not adopt AIR’s specific proposals, we require Sirius XM to file with the Commission within 30 days of release of this Order a notification that identifies a public website or similarly accessible source where the following information relating to the application process will be available to the public: (1) the definition of Qualified Entity as provided herein; (2) the deadline and procedures for submitting applications; (3) any specific information that it will require applicants to submit; and (4) any specific application criteria that Sirius XM intends to apply in its review of potential lessees…The specific application criteria must be open to all entities that meet the definition of a Qualified Entity and cannot place limits on who can apply.

Capacity Allocation

Second, the limitation is sufficiently generous that it will permit a lessee to acquire enough channels to accommodate business plans dependent on programming more than a single channel and allow a single lessee to provide a variety of high-quality, diverse programming that is not otherwise available to SDARS subscribers and may attract new subscribers and enhance the commercial viability of SDARS. Sirius XM may also elect to lease a single channel to more than one lessee, thereby increasing the number of distinct voices, as some commenters suggest.

Capacity Calculation

In response, commenters generally characterize the leased capacity in terms of “channels.

Implementation Details

DBS operators make NCE channels “available” by including the channels on every tier or programming package at no additional charge. Consistent with this approach, we require that the leased channels be part of every compatible package or tier 98 provided to Sirius XM subscribers, to the extent technically feasible, including Internet subscribers as AIR suggests, and that Sirius XM not assess an additional charge for the receipt of these channels.

Indemnification

AIR, Entravision, and Radio One assert that Sirius XM should be indemnified for its implementation of the Leasing Condition. We agree and conclude that Sirius XM should be permitted to require lessees to indemnify Sirius XM against liability arising from their conduct as lessees. We believe that private negotiation is the best means to implement the indemnification requirement in this context and therefore decline to adopt specific conditions or limits regarding the type of contractual indemnification agreement or the amount of coverage or the type of insurance policy that Sirius XM may require. Consistent with our approach in cable leased access, however, we will require that insurance and indemnification requirements be reasonable in relation to the equitable objective of limiting the liability of Sirius XM for conduct of lessees over which it will have little or no control.

Advertising

At least one commenter has indicated that the success of lessees may depend, at least in part, on advertising revenue. We find it reasonable for lessees to include advertising on their channels as a means of support for their programming. As a result, we conclude that it would be inappropriate for Sirius XM to prevent lessees from airing a reasonable amount of advertising on the leased channels.

Enforcement

We adopt enforcement procedures that we conclude are appropriate for SDARS and specifically for compliance with this condition. A few commenters suggest that the Commission include enforcement mechanisms for the implementation of the Leasing Condition. In particular, AIR proposes that alternative dispute resolution procedures be used to resolve conflicts that arise in the implementation of the Leasing Condition.

However, I am concern with the net that is now in place to grab a wider group of entities or persons wanting to be considered for the 12 commercial channels that are now suppose to be race-neutral. History has show that without clear distinctness of terms in place the underserved is seldom served. By back peddling the FCC continues to maintain the status quo when it comes to the underserved, minorities and women. Though I understand your side stepping your fiduciary duties because of potential legal concerns as assumed in Adarand Constructors, Inc. v. Peña , City of Richmond v. Croson Co., and other cases but the voluntary commitments proposed by (the then applicants) Sirius and XM are not effect by either of the court ruling unless I missed a memo that Sirius XM a publicly traded company became a branch of the federal, state and or any local government. At first thought I was going to write an opinion on each section of the order but I think iClick2Media’s focus will be the issues that it believes are quintessential. Be advised iClick2Media, AIR and or its parent company Independent Creative Artists reserve the right to re-visit any other concerns as it relates to this order or to the issue of the 24 channels made available via the voluntary commitments.

One of the key components that is stated in the Memorandum Opinion and Order and Report and Order Section IV Potential Public Interest Harms Section C - Other Potential Public Harms states:

In this section we examine the impact of the merger on the Commission’s goals of diversity and localism. We find that Applicants’ voluntary commitments address concerns about the potential loss of diversity, we find that the merger is not likely to frustrate the Commission’s localism goal.

Further in the same documents Section VI: Balancing Public Interest Harms and Benefits Clause A. General Introduction and Summary states:

As previously noted, under the Communication Act, we must determine whether the “public interest, convenience and necessity will be served” by granting the Application . We now employ a balancing process, weighing the potential harm of the propose transaction that we have found against the potential public interest benefits . Applicants bear the burden of proving, by a preponderance of the evidence, that the proposed transaction, on balance, will serve the public interest . Absents Applicants’ voluntary commitments and other conditions, the harms outweigh the potential benefits; the presents of these voluntary commitments mitigates the harm and ensures that benefits are realized. The Application and the record before us make clear that, on balance, the public interest will be served by approval of the application subject to the voluntary commitments and other conditions that we will discuss below. Accordingly, we accept the Applicant’s voluntary offer of these commitments with the expectation that Applicants will adhere to each according to its specified terms and within the specified timeframes . These voluntary commitments are fully enforceable by the Commission .

In iClick2Media’s opinion the reasoning for accepting said responsibility were to hold Sirius XM’s feet to the fire; to avoid them from not adhering or selectively forgetting the voluntary commitments they made prior to merger being finalized. The FCC acceptance the voluntary commitments and claimed they are fully enforceable by the Commission to then redefining the term “Qualified Entities” and labeling it as a reasonable solution that only took two (2) years, two (2) months and nineteen (19) days after the approval of said merger smells rotten. But this is not the first time that the FCC has let the underserved, minorities and women down. In "The Scope of Competition in Telecommunications," states:

The overall goal of telecommunications policy is to maximize efficiency through competition. The logic of competition and antitrust law in the United States is to guard against restrictions and impediments to competition that are not likely to be naturally corrected by competitive forces. As an alternative to antitrust and competition law, economic regulation has been established in three exceptional case: (i) for those markets where it is clear that competition cannot be achieved by market forces; (ii) where deviation from efficiency is deemed socially desirable; and (iii) where the social and private benefits are clearly different.

In each of these cases, it is clear that a market without intervention will not result in the desired outcome. In the first case, this is true by the definition of the category. In the second case, markets may lead to efficiency, but society prefers a different outcome, and intervention is necessary to achieve the diversity goals (voluntary commitments . In the third case, maximization of social surplus does not coincide with maximization of the sum of profits and consumers’ surplus because of “externalities, which is why the voluntary commitments were added to ensure profits would not override the necessity of having the underserved, minorities and women’s voices on satellite radio.

In reading the Memorandum Opinion and Order your new concept of race-neutral feel more like the EEO Rule 47, C.F.R 73.2080 . The rule does not require that any person be hired or accorded a hiring preference based or racial or ethnic status. Rather, its requires that licensees make efforts to recruit minority and women applications so that they will be ensure access to the hiring process which is fundamentally different from a race-based preference program such as that at issues in Adarand . However the issues still remains Sirius XM is NOT a governmental agency, does not has the ability to implement any governmental agency race-based programs and cannot beheld to Adarand standards. Mere outreach and recruitment efforts…typically would not be subject to Adarand standards. Indeed, post-Croson cases indicate that such efforts are considered race neutral means of increasing minority opportunity. In some sense, of course, the targeting of minorities through outreach and recruitment campaigns involves race-conscious action. But the objective when the merger between Sirius and XM was approved the objective was not to expand the pool of applications or bidders but to include them so their voices would not absent on satellite radio. The definition of Qualified Entity was included to avoid the potential lockout of these Qualified Entity from this new (non-governmental) company. What a way to cool off the hot potato on everyone mind.

In a statement made by Chairman Kevin J. Martin regarding the “Voluntary Commitments” made by Sirius and XM states:
“I said at the time that the two companies announced their intent to merge that I thought they had a high hurdle to meet if they wanted to prove that the transaction would be in the public interest. It has taken some time, but I do believe that with the essential “Voluntary Commitments” they have made, the parties have met this burden…. I commend the parties for committing to offer more choice and flexibility in how they purchase channels…. I am pleased that the parties have committed to offering consumers, for the first time, with a specific percentage of diverse programming. The companies have agreed to dedicate eight percent of their channels – 24 channels in total—to minority and public access programming. This will create greater opportunities for more voices to be heard on satellite radio, covering the issues that are important to those communities that may have traditionally been ignored in the past .

Are those issues important to Sirius XM? I think not because if they were important there would have been no need to offer the voluntary commitments. It seems the offer was nothing more than appeasing the voices that were crying foul prior to the merger .

Further iClick2Media believes that the concern express in the Dissenting Statement of Commissioner Jonathan S. Adelstein now raises the red flags he spoke of. According to his dissent Commissioner Adelstine wrote:
Sirius and XM (collectively the “Applicants”) currently offer dynamic and competitive audio programming to consumers. Their marketplace competition with each other has undoubtedly contributed to their cutting edge appeal…The Applicants’ commitment to set aside four percent of full-time audio channels for noncommercial educational and informational programming as well as four percent for qualified entity programming is a small step in the right direction. There is no explanation, however, as to why these commitments are significant enough to offset the potential public interest harms by a merger to monopoly…and, it is left entirely unclear how the qualified entities will be selected, leaving the entire provision unintelligible and unpredictable. “We will determined the implementation details for use of these channels [for qualified entities] at a latter date, is a clear indication of the Commission’s historic pattern of neglecting minority access to communication industry. Once again, rather than taking a decisive step forward to improve the plight of women and people of color in media, the Commission has taken a step to the side”.

If the “high hurdle” was met by the Voluntary Commitments mentioned by Chairman Kevin J. Martin and the belief by Commissioner Adelstein that “a clear indication of the Commission’s historic pattern of neglecting minority access to communication industry” was true on July 25, 2008 how can the FCC now decide these points are trivial and place such faith in Sirius XM that they will do the right thing in 2010? Had not Sirius and XM developed the Voluntary Commitments would the merger between the two companies happened? From the language maybe not but to walk a way from one of the key components within the Voluntary Commitments bring to fruition the fears mentioned in the Merger Order
How about the statement made by Commissioner Deborah Taylor-Tate where she states:

The forfeitures imposed against these companies, in combination with strict compliance plan they will submit to, convince me that it is now reasonable to consider and approve the merger application. With the sluggish economic outlook and the Down Jones Industrial Average closing down almost 100 points in mid-July, compounding this environment with a negative regulatory decision could greatly harm both companies and, more importantly, their subscribers. While the FCC is only a tiny piece of the economic puzzle, I believe it is our responsibility to contribute to a vibrant healthy marketplace within those sectors under our purview.

In this statement the Commissioner realized that Sirius XM bottom line is important to survive as she states “a negative regulatory decision could greatly harm both companies and, more importantly, their subscribers” shows the FCC had a concern regarding the economic viability of the two company and saw if Sirius and XM were to survive in the “sluggish economic” they had to merge. If merging of the two was to remove the anxiety of the then economy its not that big of a step to show Sirius XM will do what is best for their shareholders and company bottom line as a oppose to doing what best for the underserved, minorities and women.

She goes on and states:

The Applicants have the burden of providing the propose transaction on balance, serves the public interest by a preponderance of the evidence. While my reaming concerns are many, I find that the Applicants have shown that this merger, with the voluntary conditions and concessions, and the previously agreed upon consent decree for their violations on balance will serve the public interest…The parties before the Commission today have knowingly violated a number of Commission rules and guidelines. For this reason, I felt it was necessary to resolve the issue through enforcement action first, and then proceed to consider the merger application. XM has agreed to pay $17,394,375 and Sirius has agreed to pay $2,200,000 million for violating modulator and terrestrial repeater rules. In addition both companies have entered into consent decrees that mandate strict compliance with certifications, reporting requirements, and penalties associated with future violations. Specifically, they have agreed to hire compliance officers whose primary responsibility will be to ensure compliance with the FCC.

It can be inferred that the Commissioner had concern regarding the past violation and saw if the two companies were merged would do the same thing if the fines had not been placed on them and the compliance officers put in place. This show the apprehension she felt about the potential of taking advantage of the system and the consumers. What about the last paragraph of Commissioner Taylor-Tate statement where she states:

Four percent of all channels on both systems must be set aside for non-commercial educational programming, and four percent must be set aside for use by “qualified entities” such as minority broadcasters. Only one programming channel per programmer will count towards the set-aside. This will promote a greater diversity of voices, and grant complete editorial control to other programmers and owners…The FCC will determine the appropriate process for selecting programmers to occupy set-aside channels. The Applicants (Sirius & XM) will not be part of this process.

So here’s another question for the FCC why did the FCC impose fines and demand compliance officers be put in place before the merger was complete and state Sirius XM would not be a part of the process? Here’s why, somewhere in the back of the collective brain of the FCC they saw the possibility that Sirius XM if left alone would not do the right thing. If that was the logical thinking then and all the concerns express during the process of the two companies merging prior to the Voluntary Commitments being presented to the FCC which assured all parties (FCC, Senate, Third parties and the Consumers) concerns were met, how can you now believe Sirius XM will hold true to the intent of what the 24 channels were set aside for? We all knew as long as big brother was choosing there could be a sense of fairness, iClick2Media doesn’t see that so much now. What iClick2Media does see is in two years two months and nineteen days the doors of diversity that had been open in this medium has now be slammed closed and there are no other opportunities for the underserved, minorities and women to go to since Sirius XM is now the only game in town.

Finally in Commissioner Taylor-Tate in her conclusion states:

In conclusion, I voted to approve this merger in light of many public interest benefits…The FCC will oversee the compliance of these two companies, and I personally intend to follow up with the merged entity and the FCC’s enforcement Bureau to ensure they are fulfilling the terms of the enforcement and merger agreement…The Commission will also ensure that the spectrum is used in a way that servers the public interest by enhancing diversity and giving voice to minority and noncommercial broadcasters.

Can the FCC really believe by changing the definition of the Qualified Entity and or Entities will serve that the public interests, the underserved, minorities and women by sidestepping their responsibility? At what price? Does not the FCC have the inalienable right to maintain an equal playing field? Statically there is data that proves a huge disparages that the current state of the underserved, minorities and women with access and or ownership is dismal at best. Comments on Regulation of Access to Vertically-Integrated Natural Monopolies show the main idea behind regulations was necessary because the market for telecommunication services was a natural monopoly, and therefore a second competitor would not survive. Regulations were imposed to protect consumers from monopolistic abuses. When the FCC allow this Merger to occur it only allow it to happen with the Voluntary Commitments in place and within those commitments it was stressed that Sirius XM would not have a voice in deciding what Qualified Entity or Entities would be granted the channels. Why was that? To ensure Sirius XM would not be tempted to ignore the conditions it had agreed on (voluntary commitments) the very thing that moved the obstacle of concerns out of the way and pushed the approval of the merger through.

Paragraph 3 of the Memorandum Opinion and Order:

We require Sirius XM reasonably to exercise its good-faith judgment to select as lessees those Qualified Entities that it believes will advance our diversity goals. We expect that Sirius XM will use this selection process to create opportunities for a variety of programmers, including new entrants.

The words “reasonably to exercise”, “its good-faith judgment”, “expect”, and “its believes: are a cause for alarm. There is nothing within the order that narrowly defines what “reasonably to exercise”, “good faith judgment” nor what “it believes will advance our diversity goals” are. Without defining what theses terms in the Order means you allow the subjective thought to be the guideline for what entities can get these channels because the judgment of the channels will be based on Sirius XM’s bottom line not what best for the underserved, minorities and women.
Paragraph 5 of the Memorandum Opinion and Order :

Several commenters in the merger proceeding voiced concerns that the merger of the sole two providers of satellite digital audio radio service would harm viewpoint and program diversity. The Commission found that the Applicants’ voluntary commitment to provide long-term leases addressed the diversity concerns, raised by commenters and was consistent with the Commission’s goals of fostering competition and diversity.

Yes the concerns regarding programming diversity had been addressed by the voluntary commitments however those concerns were eased when the FCC was to be the deciding voice not Sirius XM. By shifting (which is different from the order containing the Voluntary Commitment) deciding power of what Qualified Entity or Entities will get these channels from the FCC to Sirius XM regardless of the requirement in the order continue the perpetual history that Commissioner Adelstein spoke of in his dissent that side step giving the appearance of an open door but continue the Commission’s historic pattern of neglecting minority access to communication industry.

HOW BOUT THIS, way back when in 1996 when then President Clinton signed the Telecommunications Act of 1996 into law was the first major reform since the original 1934 Telecommunications Act. The restructuring of the US telecommunications sector crystallized changes that had become necessary because of technological progress. Rapid technological change has always been the original cause of regulatory change. The radical transformation of the regulatory environment and market conditions that was presently taking place as a result of the 1996 Act is no exception. The Telecommunication Act of 1996 was aimed to "preserve and advance universal service”, this meant:

(1) High quality at low rates.
(2) Access to advanced services in all States.
(3) Access in rural and high cost areas at comparable prices to other areas.
(4) Supported by "equitable and nondiscriminatory contributions" by "all providers of telecommunications services."
(5) Specific and predictable mechanisms to raise the required funds.
(6) Access to advanced telecommunications services for schools, health care, and libraries.
Though the purpose of the Act had good intentions (window dressing) the effect has created a bigger gap causing a De facto censorship. In a study done entitled Off The Dial: Female and Minority Radio Station Ownership in the United States shows that media consolidation is one of the key factors keeping female and minority station ownership at low levels. As consolidation cuts back the already limited number of stations available, women and people of color have fewer chances to become media owners and promote diverse programming.

Here’s another something else that show the role or lack there of. In an article Minority progress in media and why it’s important written by Rick Albertson for Senator John Kerry of Massachusetts explains:

“The FCC is the agency charged with governing the media. The FCC has an obligation to promote the public interest, including diversity in media ownership. Unfortunately, the FCC has failed to adequately assess the state of minority-owned media, or develop constructive ways to encourage underrepresented entities to become larger players in the media landscape…Now we understand the FCC may soon consider changes in the media ownership rules that only help big media get bigger, but do nothing to make media more responsive to minority viewpoints and local communities…The FCC tried this once before, in 2003. At that time, the nation’s top broadcasters met behind closed doors with FCC officials more than 70 times. But the public was not invited. After the proposed rules were announced, a major public backlash ensued… Providing opportunities for minority-owned businesses to own media outlets is fundamental to creating the diverse media environment that federal law requires and the country deserves and demands… any changes to the media ownership rules must encourage new entrants into the market and prioritize the entry of small, women-owned and minority-owned businesses.

In 2006 Senator Kerry urged then FCC Chairman Kevin Martin to address the issue of diversity in media ownership. In 2007-08 several other leaders in Congress — including Sen. Robert Menendez of New Jersey, Rep. Hilda L. Solis of California and Rep. John Conyers Jr. of Michigan have also pressed the FCC to stop allowing greater corporate consolidation and start promoting media diversity due to the ever shrinking voice of the underserved minority markets. Just when it looked like the FCC was doing the right thing to ensure the voices of the underserved, minorities and women be heard on satellite they pull the rug from under those of us whom have been the most active on the docket and continue the perpetuation of what can be deemed segregation on the airwaves.

The FCC abdication of its responsibility to monitor and foster increased the underserved minority, and women’s voices on the dial, satellite and broadcast ownership has once again fallen to the waist side. By giving these channels back to Sirius XM and trusting they will due the right thing is like allowing a fox to sleep in the chicken coop. Sirius XM will due what’s best for Sirius XM’s bottom line not what best for the underserved, minorities and women. So here’s another question for the FCC if you now trust Sirius XM will do the right thing why did you take on the responsibility of deciding what Qualified Entity or Entities would be granted the 24 Channels 2008? According to the results of the FCC competitive analysis under “worst-case” assumptions :

“We conclude that the merger, absent Applicants’ “voluntary commitments” and other conditions, would result in potential harms. However. Applicants have committed voluntary to take steps that will mitigate these harms”.

At what point in the two years, two months and nineteen days did the potential harm stop becoming a potential harm? It has not. The facts are still the same; minorities, women and the underserved voices are ever-shrinking and now may not ever be heard on Satellite. The FCC continues to stick its head in the sand pretending that some Jennie on a magic carpet will ride into Washington D.C., and grant the FCC a wish and cause real diversity to be come a reality. But we all know that not going to happen and that why the decision on what Qualified Entity or Entities’ would be awarded the 24 channels was in the hands of the FCC not Sirius XM.

Paragraph 10 of the Memorandum Opinion and Order :

However, questions have been raised regarding the constitutionality of the definition of “Qualified Entity” as adopted in the Sirius-XM Merger Order. To minimize the possibility of litigation regarding the constitutionality of the definition of a Qualified Entity, which could delay implementation of this important public interest benefit, we have decided to define “Qualified Entity” in this Order in a manner that is race-neutral. In particular, we define Qualified Entity to require only that a lessee: (1) not be directly or indirectly owned, in whole or in part, by Sirius XM or any affiliate of Sirius XM; (2) not share any common officers, directors, or employees with Sirius XM or any affiliate of Sirius XM; and (3) not have any existing relationships with Sirius XM for the supply of programming during the two years prior to the adoption date of this Order

So race-neutral now means everybody. Well I guess this is a case of the baby being thrown out with the bath water. What is so puzzling is the FCC doesn’t see a problem with this solution even with the statics from outside sources , the FCC own history of diversity or lack thereof, legal proceeding that have happen since the passing of the Telecommunications Act of 1996 that clearly shows the underserved, minorities and women’s are absence and diversity continues to reach the point of non repair.

Paragraph 11 of the Memorandum Opinion and Order :

We expect that this revised Qualified Entity definition will encourage new entry because programmers already carried on the Sirius XM platform are excluded. In addition, we believe that additional guidance will help focus Sirius XM’s selection of lessees in a manner that will promote source, viewpoint, and programming diversity. We therefore provide below selection criteria and processes that, coupled with the modified definition of “Qualified Entity,” are intended to advance these objectives.

So you remove Radio One, Entravision or any other party that has any association with Sirius XM ability to gain access to these 12 channels but you open all the windows and doors and allow any one that fits the race-neutral definition to apply. Once again the FCC continues the status quo, its systematic behavior of ignoring its responsibility and allow the continue pushing of the underserved, minorities and women Off The Dial, Out of The Picture and soon off of satellite and out of the digital space.

Paragraph 12 of the Memorandum Opinion and Order :

The Public Notice sought comment on the process for selecting lessees if channel demand were to exceed supply. Based on the record developed in response to the Public Notice, we conclude that allowing Sirius XM to select the lessees, subject to the limitations and criteria described herein, would best serve the public interest because it is an efficient way to select qualified lessees, ensures that the lessees selected will be technically compatible with the Sirius XM service, and will promote an increase in source, viewpoint, and programming diversity on the SDARS platform as soon as possible. We find that alternative selection proposals proposed in response to the Public Notice could cause unnecessary delay and uncertainty in implementing the voluntary commitment, which could thwart the Commission’s goals of fostering diversity on the SDARS platform.

By not being the decider, the FCC continues to ignore its duties and insure the underserved, minorities and women will not have a voice under the Sirius XM brand. By pass the responsible back to Sirius XM continue to thwart the FCC goals for foresting diversity because without your influence into the decision you allow the forces like stock prices, investors, and what is best for Sirius XM bottom line to be the voice for choosing, not what’s best for the underserved, minorities and women. Though paragraph 23 of the Order states:

In order to ensure that any lessee selected by Sirius XM satisfies the criteria set forth in the definition of a Qualified Entity above, we require Sirius XM to notify the Media Bureau of its selections prior to signing an agreement for the leased channel or channels. This process will provide the Commission with an opportunity to review each proposed lessee for compliance with the definition of a Qualified Entity before Sirius XM engages in the negotiations for a long-term lease or agreement, and it does not impose a significant burden or delay in the implementation of the Leasing Condition. Sirius XM must provide the name of each lessee it has selected and certify that, to the best of its information and belief, the entity meets the definition of a Qualified Entity as provided herein. The Media Bureau will have 45 days to respond to the selection of proposed lessees submitted by Sirius XM for our review. If the Bureau does not respond within 45 days, Sirius XM’s proposed lessee will be deemed to be in compliance with the definition of a Qualified Entity in accordance with this Order. Thereafter, Sirius XM may sign an agreement for the leased channel or channels. We do not intend to second-guess Sirius XM’s good faith selection of one lessee over another applicant where we agree that the selected lessee meets the definition of a Qualified Entity and Sirius XM followed the transparent selection process and capacity allocation requirements set forth in this Order.

However, nothing in this paragraph from the Order claims, states or give the FCC final say over the choices Sirius XM has made. What’s even worst is if the FCC does nothing within 45 days it is deemed the choice Sirius XM has made is in compliance with the definition of a Qualified Entity. What kind of craziness is that. So there subjective meaning to these words you choose (reasonably to exercise”, “its good-faith judgment”, “expect”, and “its believes) in choosing a Qualified Entity or Entities out weights the responsibility of the FCC? If that is true then the underserved, minorities and women have bigger problem than trying to acquire these channels because if this is the road the FCC is taking us down their wont be any advancement of any diversity goals.

Paragraph 13 of the Memorandum Opinion and Order:

Sirius XM Involvement: Although the Sirius-XM Merger Order indicated that Sirius XM would not be involved in the selection of the Qualified Entities, we believe this decision could hinder the implementation of this Leasing Condition for the reasons explained below. We sought comment on this issue in the Public Notice. The record compiled in response to the Public Notice strongly supports allowing Sirius XM to participate in the process of selecting lessees.

Though AIR in its comment expressed Sirius XM should be a part of the decision it has never suggest it be the sole decider. AIR understands the important of keeping its format consistence with its current format Sirius XM uses and must be able to adhere to those constrains. However AIR believes the greatest benefit in assuring the underserved is reached is with the use of digital transmission along with satellite. Sirius XM agrees with this concept because since the two companies merged, Sirius XM is now offering it services via mobile devices (i.e. iPhone and Blackberry with Sirius XM Apps). Which by the most current statistical data prove the digital divide is closing.

Paragraph 15 of the Memorandum Opinion and Order:

Our decision to allow Sirius XM to select among Qualified Entities is consistent with decisions regarding the selection of programmers for the Direct Broadcast Satellite (“DBS”) noncommercial educational or informational programming (“NCE”) set-aside and the NCE set-aside condition adopted in this proceeding . In the DBS context, the Commission permits the DBS operator to select the programmers who use the NCE set-aside. The Commission utilized the same approach in implementing the SDARS NCE set-aside condition in this proceeding. We have received no complaints regarding Sirius XM’s selection of programmers for the NCE set-aside and trust that Sirius XM will exercise good faith in selecting the lessees consistent with our guidance herein.

This is nothing more than red herring. Though there has been no complaints regarding Sirius XM’s selection of programmers for NCE does not exclude that fact there wont be favoritism or the selection of Qualified Entities based on how the Qualified Entities will help increase Sirius XM bottom line which is not what the intention of the 24 channels were when it was added to the then potential merge order . In fact the FCC might as well told Sirius XM we too care about your bottom line so we will allow you to do whatever you want as long as you stay between the lines (Oh the lines are as far apart as Los Angeles and Washington D.C., See Paragraph 18 of the Order ) that was not the intent when the decision was made to accept the application and approve the merger between the two. There is more at stake with the 12 commercial channels then there is with the 12 non-commercials channels. The 12 non-commercial channels are not moneymakers; they carry no weight and for many have very little value outside of educational use. However iClick2Media see’s the value in creating a block of 24 channels and achieving its goal of race-neutral programming that has been presented to the FCC throughout this process and again in August of this 2010 . It’s silly to think just because someone has not done something doesn’t mean if give the opportunity they wont do it and it’s clear from the merge order there were many concerns about this.

The Wrap-Up

The concept of race-neutral, gender-neutral when applied, assurance against actual discrimination. This is the type of Affirmative Action contemplated by President Lyndon Johnson’s Executive Order 11246 , in which he sought to ensure that individuals have equal opportunity without regard to their race, sex, or ethnicity. In this 1965 Executive Order, President Johnson consistently and repeatedly used the term Non-discrimination and never once mentioned racial quotas or preferences. The original, un-amended version of the Civil Rights Act of 1964 similarly emphasize:

Race-neutrality and non-discrimination, racial-preferences and gender-preferences for the correct races and genders. Under this definition, Affirmative Action is comprised of programs and policies that grant favorable treatment on the basis of race or gender to government-defined “”disadvantage” individual. Under the definition, racial or gender preference must be granted even when the favored/aggrieved minority or gender has no actual evidence or proof that a company, boss, individual, or government agency has discriminated against them due to their race or gender.

The line between racial preference and race-neutral is finding the less restrictive mean of achieving equality. It does not mean walking away form your responsibility a responsibility the FCC obligated itself to oversee and has a duty to ensure fairness over such communication. By doing this you prove what the Third Circuit chastised the FCC for in Prometheus v. FCC ignoring the issues of the underserved, minority and women ownership.

It was important for iClick2Media to offer its opinion on this. Sometime you have to take a stand and when you draw you line in the sand you have to be prepared for what comes with taking that stand. iClick2Media might not be consider for these channels after its post this opinion but it does not make it right to the underserved, minorities and women to be treated like Oliver asking for a second helping either. Our voices need to be heard and our opinions count. Less we forget we too are part of the American fabric and with each strand of the fabric our stories, experiences, opinions, are just as important as Rush Limbaugh, Howard Stern, Sarah Palin, Al Franken Janeane Garofalo Sean Hannity and Alan Colmes. Thought the Order is final I know this is Opinion will fall on deaf ears and maybe seen as a waste of time but it only take one voice to make a difference and iClick2Media want to be that voice.

Regards,

Malik Shakur
iClick2Media
An Independent Creative Artists Company

cc:
Senator Jay Rockefeller
Senator Dan Inouye
Senator John Kerry
Senator Byron Dorgan
Senator Barbara Boxer
Senator Bill Nelson
Senator Maria Cantwell
Senator Frank R. Lauternberg
Senator Mark Pryor
Senator Claire McCaskill
Senator Amy Klobuchar
Senator Tom Udall
Senator Mark R. Warner
Senator Mark Begich
Senator Kay Bailey Huchison
Senator Olympia J Snowe
Senator John Ensign
Senator Jim DeMint
Senator John Thune
Senator Roger Wicker
Senator George S. LeMieux
Senator Johnny Isakson
Senator David Vitter
Senator Sam Brownback
Senator Mike Johanns

Footnotes:

In the matter of Applications for consent of control of Licenses XM Satellite Radio Transferor To Sirius Satellite Radio Inc Transferee Memorandum Opinion and Order FCC 10-184
Id
Id
515 U.S. 200 (1995)
488 U.S. 469 (1989)
FCC 08-178 ¶ 69
In the matter of Application for Consent to the Transfer of Control of the Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee Memorandum Opinion and Order and Report and Order MB Docket no. 07-57 FCC 08-178 ¶ 104
See 47 U.S.C. §§ 309(a), (d); 310(d)
See SBC-AT&T Order, 20 FCC Red at 18300 ¶ 16; Verizon-MCI Order, 20 FCC Red at 18443 ¶ 16; Sprint-Nextel Order, 20 FCC at 13976-77 ¶ 20; News Corp-Hughes Order, 19 FCC Red at 483 ¶ 15; Comcast-AT&T Order, 17 FCC Red at 23225 ¶ 26; EchoStar-DIRECTV HDO, 17 FCC Red at 20574 ¶ 25. See Section VII. A., infra, for discussion of the applicable language in the Commission’s 1997 SDARS Services Rules Order, prohibiting the transfer of control of one SDARS licensee to the SDARS licensee. As discussed below, the Commission finds that the prohibition set forth o paragraph 170 of the 1997 SDARS Service Rules Order is a binding substantive rule, and that it is in the public interest to repeal the rule prohibiting the merger.
See SBC-AT&T Order, 20 FCC Red at 18300 ¶ 16; Verizon-MCI Order, 20 FCC Red at 18443 ¶ 16; Sprint-Nextel Order, 20 FCC at 13976-77 ¶ 20; News Corp-Hughes Order, 19 FCC Red at 483 ¶ 15; Comcast-AT&T Order, 17 FCC Red at 23225 ¶ 26; EchoStar-DIRECTV HDO, 17 FCC Red at 20574 ¶ 25
Clear Channel suggests that Applicants’ voluntary commitments are not enforceable. Letter for Lawrence R. Sidman, Paul Hastings, Counsel for Clear Channel, to Marlene H. Dortch, Secretary, FCC (June 20, 2008) at 2. We disagree. As we state here in, grant the Application in conditioned on the merged entity’s fulfillment of Applicants’ voluntary commitments and other conditioned. Therefore, the merged entity’s compliance with voluntary commitments is and enforceable condition.
FCC 08-178 pg 46 ¶104
FCC 08-178
A “Qualified Entity” includes any entity that is majority-owned by persons who are African-American, not Hispanic origin; Asian or Pacific Islanders; American Indians or Alaskan Natives; or Hispanics FCC 08-178 ¶ 134 AEI Studies in Telecommunications Regulation by Bernheim, B. Douglas and Robert D. Willig
Id
In the matter of Application for Consent to the Transfer of Control of the Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee Memorandum Opinion and Order and Report and Order MB Docket no. 07-57 FCC 08-178 ¶ 134
In the matter of Application for Consent to the Transfer of Control of the Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee Memorandum Opinion and Order and Report and Order MB Docket no. 07-57 FCC 10-184
Title 47 C.F.R. 73.2080 Equal Employment Opportunities Code of Federal Regulations
115 S.Ct 2097
Id.
Id.
City of Richmond v. Croson Co., 488 U.S. 469
FCC 08-178 ¶ 134
In the matter of Application for Consent to the Transfer of Control of the Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee Memorandum Opinion and Order and Report and Order MB Docket no. 07-57 FCC 08-178 pg 95
Statement of Chairman Kevin J. Martin Re: Application for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57 FCC 08-178 pg 95
FCC 08-178 pg 15 ¶28
Statement of Commissioner Jonathan S. Adelstein Re: Application for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57
In the matter of Application for Consent to the Transfer of Control of the Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee Memorandum Opinion and Order and Report and Order MB Docket no 07-57 FCC
FCC 08-178 pg 35-99
FCC 08-178
Application for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57 pg 104
Comments on Regulation of Access to Vertically-Integrated Natural Monopolies Ministry of Commerce The Treasury Wellington New Zealand September 1996
FCC 10-184 ¶ 3
FCC 10-184 pg 2
FCC 10-184 pg 2
Id
Id
FCC 08-178 pg 62-63
FCC 10-184
Id
Telecommunications Act of 1996, Pub. LA. No. 104-104, 110 Stat. 56 (1996)
S. Derek Turner Research Director of The Free Press
John Kerry.com Oct 26, 2007
MB Docket No. 07-57
FCC 08-178 pg 20
FCC 10-184
Off The Dial, Out of The Picture, THE INFINITE DIAL 2008: RADIO’S DIGITAL PLATFORMS, RADIO TODAY: HOW AMERICA LISTEND TO RADIO, A QUANTITATIVE HISTORY OF OWNERSHIP CONSOLIDATION IN THE RADIO INDUSTRY, Women and Minorities in the Newsroom,
Id
FCC 10-184
Id
FCC 10-184
FCC 10-184
In this Order, we delegate authority to the Media Bureau staff to review Sirius XM’s selection of lessees.
See supra ¶ 10.
FCC 10-184
Pew Internet & American Life Project: Home Broadband Adoption 2009 by John Horrigan Associate Director, Research
Sirius –XM Merger Order, 23 FCC Red at 12415, ¶ 145; DBS PI Order, 13 FCC Red 23301-02. ¶ 105.
Sirius –XM Merger Order, 23 FCC Red at 12414, ¶ 143
FCC 08-178
FCC 10-184
White Paper On Fcc, Sirius Xm And Adarand: How iClick2media’s American Independent Radio Solves The Proble
President Lyndon Johnson Executive Order 11234 September 28, 1965 F.R. 12319
373 F.3d 372 (2004)

APPENDICES DIRECTORY

IAB STATS DECK Social Media May 2010

HOME BROADBAND ADOPTION 2009 Broadband adoption increase, but monthly prices do too. June 2009 Pew Internet & American Life Project

RADIO TODAY: HOW AMERICA LISTEND TO RADIO – Arbitron 2008 Edition

WOMEN AND MINORITIES IN THE NEWSROOM: Communicator July/August 2007

OFF THE DIAL: FEMALE AND MINORITY RADIO STSTION OWNERSHIP IN THE UNITED STATES –How the FCC Policy and Media Consolidation Diminished Diversity on the Public Airwaves, Free Press, June 2007

THE INFINITE DIAL 2008: RADIO’S DIGITAL PLATFORMS – Online, Satellite, HD Radio® and Podcasting 2006 Arbitron Inc., and Arbitron Radio Listening Report

A QUANTITATIVE HISTORY OF OWNERSHIP CONSOLIDATION IN THE RADIO INDUSTRY: Future of Music Coalition, December 2006

What The New Order Means

2010-10-20T12:26:00.000-07:00

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.

The Update on the 24 Channels offered by Sirius XM

2010-10-20T11:58:00.000-07:00

Wednesday, October 20, 2010

SUMMARY OF MEMORANDUM OPINION AND ORDER

Adopted: October 18, 2010 Released October 19, 2010

By the Commission: Chairman Genachowski and Commissioners Copps and Clyburn issuing separate statements

The following is a summary of the Memorandum Opinion and Order released yesterday by the FCC regarding the 12 commercial channels made available when Sirius and XM Satellite Radio Merged in July of 2008.

Yesterday the FCC released a MEMORANDUM OPINION AND ORDER (Order) regarding the Sirius XM Channels. The Commission adopts the implementations details for the voluntary commitment made by Sirius Satellite Radio Inc., (Sirius) and XM Satellite Radio Holdings Inc, (XM) to lease a portion of the transfer of control licenses and authorizations held by Sirius and XM. This action represents an important step that will promote access for new entrants and more diverse programming in the satellite digital audio radio service (SDARS).

First we conclude that based on the record in this proceeding, we will defined the term “Qualified Entities” to ensure that lessees are independent from Sirius XM and to make the criteria fro selection of lessees race-neutral. This changes avoids constitutional challenges and litigation that could delay and detract from progress in satellite radio.

We also decided to involve Sirius XM in the lessee selection process, with the for making timely selections of entities that are both qualified for the set-aside, with responsibility for making timely selections of entities that are both qualified for set-aside and technically compatible with the SDARS platform, but without editorial control over lessees’ programming. We conclude the public interest and consistent with other third-party leasing precedents for Sirius XM to select the lessees and reverse our previous decision to the contrary. We require Sirius XM reasonably to exercise its good-faith judgment to select as lessees those Qualified Entities that it believes will advance our diversity goals. We expect that Sirius XM will use this selection process to create opportunities for a variety of programmers, including new entrants.

We require Sirius XM to enter into leasing agreements with its selected Qualified Entities on the implementation deadline of April 17, 2011. We also require Sirius XM to file a report with the Commission within 30th days after the implementation deadline to identify the lessee with whom it has entered into leasing agreements, and to inform the Commission when it plans to air new programming pursuant to its new leases. Additionally, we permit aggrieved parties to file complaints with the Commission consistent with the parameters set forth below.

A. Qualified Entity Definition

To minimize the possibility of litigation regarding the constitutionality of the definition of a Qualified Entity, which could delay implementation of this important public interest benefit, we have decided to defined “Qualified Entity” in this Order in a manner that is race-neutral. In particular, we define Qualified Entity to require only that a lessee:

1. Not be directly or indirectly own in whole or in part, by Sirius XM or any affiliate of Sirius XM
2. Not share any common officers, director, or employees with Sirius XM or any affiliate of Sirius XM, and
3. Not have any existing relationships with Sirius XM for the supply of programming during the two year prior to the adoption date of this Order

In additional we believe that additional guidance will help focus Sirius XM’s selection of lessees in a manner that will promote source viewpoint, and programming diversity.

A. Selection Processes and Criteria

We conclude that allowing Sirius XM to select the lessees, subject to the limitation and criteria described herein, would best serve the public interest because it is an efficient watt i select qualified lessees, ensure that the lessees selected will be technically compatible with the Sirius XM service and will promote an increase in source, viewpoint, and programming diversity on the SDARS platform as soon as possible. We find that alternative selection proposals proposed in response to the Public Notice could cause unnecessary delay and uncertainty in implementing the voluntary commitment, which could thwart the Commission’s goals of fostering diversity on the SDADS platform

Sirius XM Involvement

Although the Sirius-XM Merger Order indicated that Sirius XM would not be involved in the selection of the Qualified Entities, we believe this decision could hinder the implementation of this Leasing Condition for the reason explained below…Sirius XM has expressed its willingness to participate in making the selections.

We conclude that Sirius XM’s involvement will facilitate the resolution of technical compatibility issues that might arise during the selection process, expedite the introduction of programming that adds to the diversity of offerings to consumers and be more efficient than delegating such decision-making to a third party as some have suggested. We expect Sirius XM to act in good faith to follow the guideline we provide to ensure that the selection of lesees promotes diversity and set forth requirements below to ensure that the selection process fair and transparent. If in the future, it appears that Sirius XM seeks to use the selections and renewal process as a means to improperly influence the programming provided in the reserved channels we may revisit our decision to permit Sirius XM to select lessees and take appropriate action.

Our decision to allow Sirius XM to select among Qualified Entities is consistent with decisions regarding the selection of programmers for the Direct Broadcast Satellite (DBS) noncommercial educational or informational programming (“NCE”) set-side and the NCE set-side condition adopted in this proceeding.

Alternative Selection Proposals.

We instruct Sirius XM to elevate the pool of Qualified Entities and select as lessee those Qualified Entities that it believes, in good faith, will promote source, viewpoint, and programming diversity…As a result we recognize that Sirius XM will have to balance various consideration including, among other things, weather lessees:

1. Would provide a new source of programming and are new entrants in the mass media industry
2. Would offer a diverse viewpoint or diverse entertainment content
3. Would provide original content r programming of a type not otherwise available to Sirius XM subscribers,
4. Would improve service to historically underserved audiences, and
5. Would, in Sirius XM reasonable judgment, 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

We believe that these selection criteria, including the requirement that Sirius XM consider whether potential lessees would provide new and diverse programming, would be new entrants, or would be serve historically underserved audiences, promote our object that the leased channels be made available to programming sources that otherwise would not have an opportunity to provide programming to SDAR subscribers, including small entities and groups that are not traditional broadcasters.

Transparent Selection Process.

Although we do not adopt AIR’s specific proposals, we require Sirius XM to file with the Commission within 30 days of release of this Order a notification that identifies an public Website or similarly accessible source where the following information relating to the application process will be available to the public:

1. The definition of Qualified Entity as provided herein
2. The deadline and procedures for submitting applications
3. Any specific information that it will required applications to submit and
4. Any specific application criteria that Sirius XM intends to apply in its review of potential lessees.

We require Sirius XM to make the described information available at the identified location within 35 days of the release of the Order. Sirius CM may implement the application and selection process in any manner it chooses as long as it follows the requirements set forth in the Order…criteria must be open to all entities that meet the definition of a Qualified Entity and cannot place limits on who can apply. Constance with the Commission’s goal of fostering diversity on the SDARS platform through this condition however Sirius XM may identify programming genres not currently offered to subscribers as additional guidance to potential lessees.

As we did in implementing the SDARS NCE set-side condition, we also require Sirius XM to maintain an electronic public file that includes information with respect the process it uses to select the lessees. The public fill will promote transparency in the selection process and enable the public and the Commission to monitor Sirius XM’s implementation of this Leasing Condition…Specifically Sirius XM shall keep and make available for public inspections at the identified location, a complete record of the following:

1. Quarterly measurement of channel capacity and yearly calculations on which it bases its four percent reservation as well as its response to any capacity changes
2. A record of entities to whom leased capacity is being provided, the amount capacity being provided to each entity, and the terms under which it is being provided and
3. A record of entities that have requested capacity, disposition of those requests, and reasons for the disposition. All records kept in this file shall be retained for a period of two years

In order to ensure that any lessee selected by Sirius XM satisfies the criteria set forth in the definition of a Qualified Entity above, we require Sirius XM to notify the Media Bureau of its selections prior to signing an agreement for the leased channel or channels. This process will provide the Commission with an opportunity to review each proposed lessee for compliance with the definition of a Qualified Entity before Sirius XM engages in the negotiations for a long-term lease or agreement, and it does not impose a significant burden or delay in the implementation of the Leasing Condition…The Media Bureau will have 45 days to respond to the selection of proposed lessees submitted by Sirius XM for our review. If the Bureau does not respond within 45 days, Sirius XM’s proposed lessee will be deemed to be in compliance with the definition of a Qualified Entity in accordance with this Order…. We do not intend to second-guess Sirius XM’s good faith selection of one lessee over another applicant where we agree that the selected lessee meets the definition of a Qualified Entity and Sirius XM followed the transparent selection process and capacity allocation requirements set forth in this Order.

No Editorial Control.

In the Sirius XM Merger Order, the Commission concluded that Sirius XM would “have no editorial control over these channels.” Consistent with our decision regarding the implementation of the DBS NCE set-aside and the SDARS NCE set-aside condition, we find that allowing Sirius XM to select third-party lessees does not constitute editorial control. In adopting the DBS rules, the Commission found that permitting the DBS operator to select among qualified programmers did not constitute editorial control. As in the DBS context, we conclude that Sirius XM may permissibly consider a variety of factors in deciding which programmers to select, such as whether an applicant is a new entrant, would offer diverse or original content, and/or is commercially viable. As with the DBS set-aside, however, Sirius XM may not require the programmers it selects to include particular programs or material on their channels as a condition of carriage, or alter, censor, or otherwise exercise any control over the programming.68 We also conclude that a narrow interpretation of the no editorial control prohibition to allow Sirius XM to select third-party lessees will encourage the production of high-quality programming while remaining sensitive to the First Amendment rights of both Sirius XM and the Qualified Entities providing content

B. Capacity Allocation

We believe that it is appropriate to give Sirius XM direction on capacity allocation to promote our diversity objective. Specifically, Sirius XM has discretion to allocate capacity among the lessees, provided that:

1. No more than one-half of the total channels set aside for this condition are allotted to full-power broadcast licensees, including entities and individuals with an attributable interest in any such licensee; and
2. No more than four of the channels set aside for this condition (i.e., two channels simulcast on both Sirius and XM, two channels on Sirius and two channels on XM (not simulcast), or four channels on one platform) are allotted to any single lessee, including any entity with an attributable interest in the lessee.

On the other hand, we find it appropriate to limit the capacity allocated to existing full power broadcast licensees meeting the definition of a Qualified Entity to ensure that existing full-power broadcast licensees do not use all of the leased capacity… On the other hand, we find it appropriate to limit the capacity allocated to existing full power broadcast licensees meeting the definition of a Qualified Entity to ensure that existing full-power broadcast licensees do not use all of the leased capacity… Sirius XM may allocate to full-power broadcast licensees no more than one half of the total capacity required to be set aside under the condition. We believe that this approach will afford a sufficient opportunity for full-power broadcast licensees and other entities to become lessees if Sirius XM believes that selecting such entities would further the Commission’s diversity goals. As we stated above, we expect that broadcast and non-broadcast programmers can contribute to source, viewpoint and program diversity, although not necessarily in equal measure. It is for Sirius XM to weigh, consider and determine the financial viability of the potential lessees, other technical qualifications, as well as the combination of programming sources and content that will contribute substantially to its current programming line-up by addressing unserved and underserved needs. However, we do not intend for this guideline to function as a set-aside for full power broadcast licensees, and Sirius XM need not allocate any capacity to full-power broadcast licensees if it determines that accomplishing the diversity goals of the Leasing Condition can best be done by leasing the capacity to entities that are not full-power broadcast licensees… we conclude that it is appropriate to limit the number of channels allotted per lessee to no more than four of the total set-aside channels, as set forth below.

We believe that limiting each lessee to no more than four channels will further two important goals.

1. The limitation will ensure a multiplicity of Qualified Entities providing diverse programming and that SDARS leased channel capacity will not be dominated by a single programmer
2. The limitation is sufficiently generous that it will permit a lessee to acquire enough channels to accommodate business plans dependent on programming more than a single channel and allow a single lessee to provide a variety of high-quality, diverse programming that is not otherwise available to SDARS subscribers and may attract new subscribers and enhance the commercial viability of SDARS. Sirius XM may also elect to lease a single channel to more than one lessee, thereby increasing the number of distinct voices, as some commenters suggest… We do not require Sirius XM to sub-divide all or any of the set-aside channels in this manner because doing so may constrict the ability of some programmers to provide financially viable content around-the-clock. However, Sirius XM should have the flexibility necessary to offer different leasing arrangements to various entities based on the lessees’ programming proposals

The guidelines in this Order are designed to ensure that all capacity set aside for this Leasing Condition will be utilized by Qualified Entities, in a manner that will achieve the objectives of the Leasing Condition. It may occur, however, that at some point in time, the supply of leased channels is greater than the demand for them. In that situation, Sirius XM may allot more than four channels to a single entity, provided that the lease term for the excess channel(s) may not exceed three years. Our approach here is consistent with the Commission’s DBS NCE set-aside rules that allow for one channel per programmer unless the supply of channels exceeds demand.

C. Capacity Calculation

In the Sirius-XM Merger Order, the Commission noted that the number of reserved channels for the noncommercial educational or informational set-aside must be based on total system capacity and not on the number of channels in any particular service package… We note that Sirius XM voluntarily committed “that in no event will the combined company reserve fewer than six channels on the Sirius platform and six channels on the XM platform” for the leased capacity set-aside. We reaffirm this requirement that the leased capacity set-aside shall be at a minimum six channels on the Sirius platform and six channels on the XM platform, and may in the future comprise additional channels as Sirius XM implements advanced signal compression techniques

D. Implementation Details

Consistent with this approach, we require that the leased channels be part of every compatible package or tier provided to Sirius XM subscribers, to the extent technically feasible, including Internet subscribers as AIR suggests, and that Sirius XM not assess an additional charge for the receipt of these channels.

As in the DBS set-aside and SDARS NCE set-aside condition, we also require that Sirius XM offer to lessees discrete channels that remain at a specified channel location on a 24/7 basis, i.e., the lessee must be assigned a specific channel position that cannot be shifted to a different location on different days or times.

Lease Term

We conclude that leases should have terms that are no less than five years. We find… that a five-year lease term would better promote diversity and competition by encouraging the continued production of high-quality programming consistent with the goals of the Leasing Condition.

Subleasing and Assignments

We…prohibit such arrangements unless Sirius XM expressly agrees to the specific sublease or assignment and unless the sublessee or assignee is another Qualified Entity.120 Subleasing or assignments (including the brokering of capacity) of the leased channels would put the capacity allocation decision in the hands of individual lessees and could undermine our goals of promoting new entry and limiting the capacity allocated to any single entity, including full-power broadcast licensees.

Indemnification

We agree and conclude that Sirius XM should be permitted to require lessees to indemnify Sirius XM against liability arising from their conduct as lessees. We believe that private negotiation is the best means to implement the indemnification requirement in this context and therefore decline to adopt specific conditions or limits regarding the type of contractual indemnification agreement or the amount of coverage or the type of insurance policy that Sirius XM may require. Consistent with our approach in cable-leased access, however, we will require that insurance and indemnification requirements be reasonable in relation to the equitable objective of limiting the liability of Sirius XM for conduct of lessees over which it will have little or no control.

Advertising

We find it reasonable for lessees to include advertising on their channels as a means of support for their programming. As a result, we conclude that it would be inappropriate for Sirius XM to prevent lessees from airing a reasonable amount of advertising on the leased channels

Other Terms and Conditions

We believe that it serves the public interest to defer additional details of the lease terms to negotiations between Sirius XM and its lessee… Thus, we do not dictate a specific timeline for the airing of programming as some commenters suggest. We expect that Sirius XM may require that leasing agreements contain customary terms, fees, and conditions consistent with those included in other programming contracts and agreements. Finally, consistent with the Applicants’ voluntary commitment as adopted in the Sirius-XM Merger Order, we reiterate that the Qualified Entities will not be required to make any lease payments for their channel allotments.

E. Enforcement

To ensure that Sirius XM complies with the Leasing Condition and the implementation details provided in this Order, we adopt enforcement procedures that we conclude are appropriate for SDARS and specifically for compliance with this condition… In particular, AIR proposes that alternative dispute resolution procedures be used to resolve conflicts that arise in the implementation of the Leasing Condition.

We agree that it is reasonable to include some enforcement mechanisms for aggrieved entities… As a result, entities that believe Sirius XM has failed to implement the Leasing Condition in whole or in part, or has failed to follow our guidelines, may file a complaint with the Commission. As we do in the case of the DBS NCE set-aside, we will evaluate any complaints regarding the Leasing Condition on a case-by-case basis. As noted above, however, the Commission will not entertain complaints that second-guess Sirius XM’s good faith selection of one Qualified Entity over another applicant where the selected lessee meets and continues to meet the definition of a Qualified Entity, pursuant to Sirius XM’s certification and the Media Bureau’s review thereof, and Sirius XM followed the transparent selection requirements and capacity allocation directions set forth in this Order.

Sirius XM is required to comply with the transparent selection process as described above in Section II, including the requirement to file the name of a proposed lessee with the Media Bureau, to demonstrate compliance with the definition of a Qualified Entity prior to signing any leasing agreement for the set aside channels… To balance the need to permit Sirius XM sufficient time to establish and implement its selection process with the public interest in expediting the availability of new programming, we will require that Sirius XM enter into and finalize leases by the implementation deadline of April 17, 2011. We further require that both Sirius XM and the lessees negotiate their leases in good faith to ensure that the leased channels are made available to SDARS subscribers as soon as possible. Additionally, we require Sirius XM to file a report with the Commission within 30 days after the implementation deadline to identify the lessees with whom it has entered into leasing agreements, to identify which lessees are new entrants, to state whether the lessees propose to address the interests of underserved audiences, and to inform the Commission of its timetable for airing new programming pursuant to its leases. The report will provide the Commission with an opportunity to review Sirius XM’s compliance with the Leasing Condition.

Summary prepared by:
Malik Shakur, CEO
iClick2Media
An Independent Creative Artists Company

Request to Speak to the United States Senate Committee on Commerce, Science, and Transportation

2010-10-15T20:48:00.000-07:00

-------- Original Message -------- Subject:
Meeting Request - Senate Commerce Committee
From: "Merrill, Dylan (Commerce)"
Date: Tue, October 12, 2010 12:50 pm
To: "malik@independentcreativeartists.com"

Good Afternoon,

I’m writing on behalf of the Senate Commerce Committee to find a time when you can speak with us concerning Sirius XM. Will you be visiting DC in the near future? If so, please let me know your availability.

Thanks,
Dylan Merrill
United States Senate Committee on Commerce, Science, and Transportation
428 Hart Senate Office Building
Washington, DC 20510

Notice of Ex Parte Communication MB Docket No. 07-57

2010-10-15T15:14:00.000-07:00

Friday, October 15, 2010

VIA ELETRONIC FILING

Marlene H. Dortch
Secretary
Federal Communication Commission
224 12 Street S.W.
Washington, D.C. 20554

RE: Notice of Ex Parte Communication MB Docket No. 07-57

Dear Ms. Dortch:

On October 15, 2010, the undersigned on behalf of iClick2Media spoke with Joshua Cinelli, Media Advisor to Commissioner Copps regarding the 12 commercial channels made available by Sirius XM as a part of the merge Voluntarily conditions.

In our conversation we talked about the status of the 12 channels and what the next steps would be if iClick2Media wanted to continue its pursuit of the 12 channels.

Thank you for your time and consideration regarding this matter. If you have any questions feel free to contact me.

Regards,

/s/ Malik Shakur

Malik Shakur, CEO
iClick2Media
An Independent Creative Artists Company

Notice of Ex Parte Communication MB Docket No. 07-57

2010-10-15T15:13:00.001-07:00

Friday, October 15, 2010

VIA ELETRONIC FILING

Marlene H. Dortch
Secretary
Federal Communication Commission
224 12 Street S.W.
Washington, D.C. 20554

RE: Notice of Ex Parte Communication MB Docket No. 07-57

Dear Ms. Dortch:

On October 13, 2010, the undersigned on behalf of iClick2Media spoke with Rosemary C. Harold Legal Advisor to Commissioner Robert McDowell regarding the 12 commercial channels made available by Sirius XM as a part of the merge Voluntarily conditions.

In our conversation we talked about the status of the 12 channels and what the next steps would be if iClick2Media wanted to continue its pursuit of the 12 channels.

Thank you for your time and consideration regarding this matter. If you have any questions feel free to contact me.

Regards,

/s/ Malik Shakur

Malik Shakur, CEO
iClick2Media
An Independent Creative Artists Company

Social Bookmarking for Business: Part 4

2010-10-07T04:18:00.000-07:00

Taking time to produce a blog, newsletter, or other content on your website? Get users to pass the content around the Web using sites like Digg, Reddit, and StumbleUpon.

By Minda Zetlin

GotCast is an online clearinghouse where casting directors post jobs and aspiring performers submit audition videos. Some of those videos are amazing, inspiring, or funny. Founder and CEO Wil Schroter realized the videos themselves were valuable content that could help promote GotCast, so the company makes it easy for visitors to watch the videos and vote for favorites. GotCast posts links to some of its most popular videos on Digg, and some garner significant numbers of votes and viewings. That brings new visitors to the GotCast site.

Admittedly, GotCast has something of an unfair advantage, with talented performers submitting their very best videos every day. But if you use content to try to add value or appeal to your website, you owe it to yourself to have that content do double duty by building visibility for your company on social media sites such as Digg, Reddit, and StumbleUpon. “If you can get on the front page of Digg, you’ll reach millions of eyeballs,” says Jon Wuebben, author of Content Rich: Writing Your Way to Wealth on the Web released this month. And even reaching front-page status in one of the sub-categories on the site can have a dramatic effect.

How do you get the votes? Simply posting quality content is not always enough. Here are some inside tips for getting the most social media play:

1. Make it personal. For written content, a lot depends on tone and the language used, Wuebben says. “You want to write in first person, and use ‘you’ a lot. Don’t write in third person, or anything that sounds like brochure copy. Write as if you were writing to a friend.”
“Your corporate training video probably won’t get a lot of love,” Schroter adds. “But if you, personally, have a reaction to something, if it makes you laugh or upsets you or touches you, then others may react the same way.”

2. Follow direct-mail rules. The same rules that help direct-mail copywriters get recipients to read “junk mail” will help you write social media-friendly content. These include stating something controversial, or offering valuable information such as a list of tips. And do put careful thought into the headline or title of your content. “Some of the best social media stories come from a great, usually provocative, headline,” Wuebben says.

3. Check out the sites before you create content. “You might want to go on Digg and see what’s on the homepage,” Wuebben says. “You can look in the section where your content would fit and see what’s getting ‘dugg’ the most.” That should help you figure out what kind of content would be likeliest to succeed on the site, and you can follow similar strategies for other social media sites as well.

4. Make it easy to share -- and share it yourself. “We provide links for sharing content, or emailing it to a friend, on all our pages,” Schroter says. Sometimes users take advantage of these to share GotCast content on Digg or elsewhere, but the company also posts content to the sites itself -- the only way to get consistent social media presence, he says. “Usually, it doesn’t happen unless we do it.”

5. Take a long view. “This is a tough thing that doesn’t happen overnight,” Wuebben cautions. It’s important to be patient, and to continue posting material to the social media sites that can slowly build recognition over time.

By the same token, a prominent placement, could lead to a dramatic traffic increase on your site. If this happens, don’t assume it will last forever. “People get that massive spike, and they think it will keep on coming,” Schroter says. “Then, six months later, traffic has returned to its earlier levels.”
And that’s okay. The temporary increase means a lot of people who may have never heard of your company now know who you are, and how to find you. And after all, that’s what promotion is all about.

Social Bookmarking for Business:

2010-10-06T08:10:00.000-07:00

Part 3 What Social Bookmarking Sites Should You Be On

  If you've decided that social bookmarking can help your business, there are plenty of aforementioned options out there. But breaking it up by client or project is a good reason to test out different networks. There are plenty of competitors trying to dominate the social bookmarking marketplace.

As a company, its best to just experiment with different services and see what resonates best with your community and customers.  "You never know who will win this battle, but it might make sense to create different accounts on different sites and then utilize them differently," says Levy. "You need to fish where the fish are, so if the users you're trying to reach are on a particular network, that's where you need to be. The biggest site traffic-wise is Delicious, so that wouldn't be a bad place to start.

"  While some networks have taken criticism and struggled in recent months, Su.pr, a part of the StumbleUpon network, has had substantial success in 2010. According to Internet marketing company BlueGlass, StumbleUpon has had a 118% increase in users since 2009 and ranks first among social media traffic sources in the United States. Part of that success may be due to struggles for other competitors, but as described internally, they consider themselves more of a Pandora-like service for users than a crowd-sourcing site.  "We do see Digg and some of the other sites as more crowd-sourcing sites while we've always focused more on individual recommendations by your peers and not as a popularity contest," says Katie Gray, a spokesperson for the StumbleUpon and Su.Pr networks. "In terms of why we've grown, I think we've seen great success with the Stumble bar. So you don't have to download something or go to a site to recommend something, you can just recommend a page while you're on it.

"  Whatever service you ultimately decide upon is up to you and your company, but it's also all about how you utilize it. Do your research, figure out where your community exists and do some experimentation. Regardless the size of your company or the type of business you are in, social bookmarking can be a useful tool for just about anyone.  

Social Bookmarking for Business:

2010-10-05T17:42:00.000-07:00

Part 2 Using Social Bookmarking in Marketing and PR Campaigns  

From an individual consumption perspective for Internet readers, social bookmarking can make great sense to filter your news and information all into one place. But it also makes great sense for businesses to utilize these tools. There are a few different ways that businesses can do that to increase site traffic and grow brand recognition. The best ways are by curating information, sharing of testimonials, tracking for individual projects, and as an add-on for your public relations campaigns.   

Many consider content curators the gatekeepers to information for businesses and individuals. As a company, curating, or aggregating the best content from around the web, can make you an industry leader through your marketing campaigns. And for companies you already work with, showing that you are on top of the news in your industry gives a certain level of credibility.  "I'd agree that curating content is a good way to utilize these sites as a business," Levy says. "I think serving as a resource to your community and keeping that trust is a very simple way to show customers and clients that you care about not only them, but their time."  

Similarly, if you think of it from the perspective of businesses who you don't already do business with, you're going to be seen as a resource for information. Making it more likely for that client or company to be attracted to working with you. In both cases, this relevancy can show real concern for customer service and retention.  

Another way to utilize these tools is by pulling together all of your best testimonials from customers. Every business has heard the question from potential business partners and clients that asks, "What have others said about your work?" Rather than directing them to a Yelp page or sending an email, how much easier would it be to direct that potential partner to a site that has all of the testimonials for your company organized in one place, in a simple format?  

Lastly, for individual projects and campaigns, the creation of folders and tags within social bookmarking sites can make it very easy to track success. If you've recently launched a campaign and want to see what stories, blog posts, Twitter notes and more have been written about it, you can very easily refer to your social bookmarks, where again all of the information is gathered in one place.  
 If you're just starting out, there are a few steps you can take as a business to get the most out of these sites:

1. Start by creating accounts on the sites you want to be on, and by filling out a complete profile about you that includes a company profile and a link back to your webpage.

2. Download the different tools and buttons and add them to your website and/or blog so users can utilize them within your community.

3. Create lists and categories to arrange specific information, whether that is for different types of clients or different types of content altogether.

4. Submit URL links to the site and write reviews, rate other stories, etc. The more active you are in the communities, the better your reputation will get and the more trusted you will become.

5. Start networking with other people in the community who share similar interests. You'd be surprised how easy it is to find some of the other users who are recommending many of the same stories you may be.

How to Use Social Bookmarking for Business:

2010-10-04T08:21:00.000-07:00

Isaac Marion was a Seattle-based blogger and writer who was largely unknown in 2008, until his short story I Am a Zombie Filled With Love was distributed on his website and purchased by about 100 readers. The story was also reviewed by a lot of users on the Stumble Upon network, and it was so highly rated that Cori Stern, a Hollywood screenwriter and producer, literally stumbled upon the story and instantly thought it would make for a great movie.  

Stern reached out to Marion and told him he should convert the short story into a longer novel, which turned into the recently published "Warm Bodies." From there, Stern introduced Marion's work to her colleagues Laurie Webb and Bruna Papandrea (whose past projects include movies with Sydney Pollack and Milk) and the story was so good that it turned into a movie deal with Summit Entertainment, the same production company behind The Hurt Locker and the Twilight films.   

Had Stern not stumbled upon the story, none of this would have been possible. The story speaks to how powerful social bookmarking and crowd-sourcing sites can be. But what is it? Social bookmarking, at its most basic form, is a simple way to organize all of the best content from around the web based off your interests, all in one place. While the Internet created an unprecedented level of access to all content, many users found it difficult to sort the relevant from the irrelevant, according to their interests and the value of the information provided. And perhaps most importantly, the bookmarks are transferable between computers and locations.  

Which social bookmarking site you use is all a matter of preference, and partially based on your usage patterns and interests. Some of the most popular social bookmarking sites are Delicious, Digg, Reddit, Technorati, Google Bookmarks and to a certain degree Twitter and Facebook. According to Delicious, probably the most popular site of all-time in the space, social bookmarking "means you can save all your bookmarks online, share them with other people, and see what other people are bookmarking. It also means that we can show you the most popular bookmarks being saved right now across many areas of interest."   

"No matter what computer you're on, at your place of business or at home, you have your bookmarks stored," notes Justin Levy, the director of marketing, business development and corporate strategy at New Marketing Labs, a new media marketing agency outside of Boston. "The social side of it is that these bookmarks are hooked into a directory of other bookmarks that are being saved by other users, so you can filter the content based off your interests, whether that's for personal or business purposes."  In this guide, we will explore the different social bookmarking options and which you should use and also explore how social bookmarking sites can help your business. 

A Look at the Competition  The ten most popular social bookmarking sites, in terms of inbound links or in other cases monthly visitors (though not listed in any particular order) are: Twitter, Digg, Yahoo! Buzz, Tweetmeme, StumbleUpon, Reddit, Technorati, Delicious, Google Bookmarks and Mixx. Here is a quick overview of each:
  
Twitter, while known more as a social networking site, also is the most-used social bookmarking site on the Internet. If you consider how many people retweet and share links, it's a great place to find content.   

Digg, despite recent struggles due in large part to a recent site redesign, allows users to give content a thumbs up or thumbs down (though their "bury" feature was recently taken away). Based on those opinions, news can be pushed to the top or bottom of a newsfeed, making popular pieces more popular and less read pieces floating more into obscurity, or becoming "buried" if you will.   

Yahoo! Buzz allows editorial control for users to link to sites, stories, and more by therefore raising their "buzz," and unlike many of the other sites actually allows the user to edit the content. Tweetmeme is the most popular retweet website, and is the simplest way to share a story once you've found it on a website. Many users of popular news sites are already using the Tweetmeme button when they recommend an article, and many without even knowing it.   

StumbleUpon is a self-billed "intelligent search engine" that sorts news based on your community and your interests, so you can literally stumble upon news that is relevant to you. It has a free toolbar that is integrated into your web browser, so when you're on a website you literally can give it a thumbs up or down. Reddit, the only site owned by a major news corporation (Condé Nast), puts all of the power in the user's hands. Everyone rates up or down what they find, so it's all about each individual user submitting quality content. The most successful links will gain prominence by reaching the front page.   

Technorati is an open source software services that originally contained mainly blog content. Today, it measures a site's standing and influence within the blogosphere. Google Bookmarks utilizes Google's existing reach to let you access data wherever you are with your existing Google accounts. Mixx is quite similar to Digg, asking users to submit their favorite URL's while rating the recommendations of other users. The more in-depth you're reviews and recommendations, the better results you get.  

Delicious, the preferred form of social bookmarking for Levy, uses a non-heirarchal classification system where users can tag their bookmarks with index terms and sort them into folders. Websites can tag their own content to improve their search engine optimization, as can users. Additionally, stories are arranged according to the tags posted on your entries as opposed to the topics they cover.  

"Besides using Delicious to solely save bookmarks that I find interesting or use often, I use the tool to create libraries of information that I then can share with others," Levy says. "Personally, I can consume hundreds of articles every day, so sorting and organizing the ones I think are the most useful in a carefully chosen set of tags is great. I own a restaurant as well, so I have tags all around recipes, but those tags wouldn't be relevant for my other work, so that works really well."  

Start-Ups 2010: Finding an Audience Online.

2010-10-01T07:58:00.000-07:00

By Malika Zouhali-Worrall

Getting attention online is easier said than done, according to start-up founder Greg Stallkamp of Holos Fitness

The Passion

Greg Stallkamp was always a fitness freak. An avid triathlete, he trained at least five times a week and was always sharing advice on workout routines with friends.

The Plan

Three years ago, as Facebook and MySpace were becoming household names, Stallkamp, 32, saw the need for a fitness-based social network -- a forum in which users could share training tips as well as marathon times. Stallkamp pitched the idea to two similarly fitness-obsessed friends. They felt that, with a small initial investment of about $15,000, they could build the website in their spare time and that once launched, it would be sustained by its audience.

The Strategy

In addition to the social networking features that let amateur athletes connect and share information, Holos Fitness would also feature blogs by professional trainers offering tips on yoga as well as weightlifting. Revenue would come from targeted ads based on the information provided in members' profiles.

What Went Wrong

The efforts to get the website built on the cheap failed. Rather than usi ng off-the-shelf or open-source software, the founders insisted the website be designed from scratch, which cost far more in developer time. Additionally, they were unwilling to contract a developer for more than a month at a time, resulting in, over a two-year period, more than five developers quitting midproject to take better-paid or longer-term jobs. Eventually, Stallkamp quit his financial-consulting gig to work full time on the website, which finally launched in early 2009. But the problems didn't end there: Stallkamp was relying on word of mouth to popularize the website, but users were slow to sign up.

Lesson Learned

"There was a real naiveté on all our parts," admits Stallkamp. "We thought we could get it running cheaply and in our spare time. And we overestimated how easy it would be to get people's attention."

How He's Doing

HolosFitness.com gets 6,000 to 10,000 unique visitors a month; it projects about $30,000 in ad revenue for 2010.

How American Independent Radio can create 4050 jobs in 9 months if the FCC grants the 24 Channels to iClick2Media

2010-09-29T10:38:00.001-07:00

Beverly Hills, CA (Sept 29, 2010) -- It has been said that the greatest growth of entrepreneurship is always during a financial crises. One of the key pillars of the American Dream is ability to build something great from nothing. Americans have a knack for finding ways to get it done.

Two weeks ago, our country’s elected officials passed a $30 Billion Dollars Small Business Aid Bill that President Obama believes can and will help get Americans back to work. iClick2Media’s American Independent Radio Project (AIR) can be a part of this rebuilding if it is awarded the 24 channels made available by Sirius XM.

From the beginning (February 2009) iClick2Media has had its sight on helping the underserved gain information and help to promote entrepreneurship with these channels. If iClick2Media is granted the 24 channels for its AIR project and builds a block of programming that falls in line with Sirius XM a la Cart programming (as defined by the Merger Order) then the underserved market gains three things. First, it would finally give a voice to a segment of the population that has gone unheard far too long; second, it would inspire entrepreneurs who have had dreams of working in the field of entertainment to become a reality and third, it would afford the 4032 underserved people the ability to build a business for themselves while educating, informing and entertaining an audience that is seeking education, information, and entertainment on a digital level.

If granted these channels iClick2Media has the ability to employ 4050 people across this nation. Yes, I am sure your saying to yourself how can iClick2Media afford to pay that many people? Its simple, 4032 hours of programming will require independent producers, hosts, and DJ to create the AIR programming block. These independent producer, host and DJ will be paid for their efforts from the percentage of the fees paid to AIR from the subscription fees. Further AIR has the ability to seek sponsorship dollars and educational grants to provide the necessary services to fund and employ digital entrepreneurs and their brands. To go a step further, depending on the popularity of these digital entrepreneurs they can create income outside of their duties with AIR. This additional income can come from appearance fees, speaking engagement, books, product endorsement and other ancillary avenues. But this can’t happen unless the original intended goal of the 24 channels is actually implemented and that goal is to empower the voices of the underserved, foster the spread of information for the underserved and for the underserved to be included in the development of this digital movement.

iClick2Media also believes that these channels were not set aside for conglomerates to use to increase their bottom line but for the advancement of information, knowledge, and educational purposes for the underserved market. Further iClick2Media believes that giving the 24 channels back to Sirius XM for them to figure out who or what entity should get them is a bad move and would raise a few eyebrows about what the goal of the FCC was when it accepted the terms and conditions of the Sirius XM merger.

The best solution for the 24 channels is to keep them in the spirit of what they were set aside for. These channels we designed to allow a segment of the American population, the underserved to finally have a space in this digital marketplace. To have their voices, thoughts, ideas and opinions heard by the masses. If these 24 channels are assigned to any entity that is seeking to increase their bottom line, or position an agenda that is not inclusive of the underserved then the FCC has failed to protect again the underserved American population and continues to perpetuate what the underserved population already believes, that the American government does not have its sight on them but on corporations and the wealthy.

For further comments or to schedule an interview, please contact us at (888) 465-1385 or email us at press@iclick2media.com

Americans Spend More, But Incomes Fail To Keep Pace

2010-09-28T11:14:00.000-07:00

By SCOTT STODDARD, INVESTOR'S BUSINESS DAILY

American consumers are down, but not out, as government data showed spending increased at a modest pace in July despite high unemployment, weak income growth and uncertainty about the economic outlook.

Personal spending climbed 0.4% in July, the most in four months, on increased outlays for cars and other durable goods, the Commerce Department said Monday. Wall Street had forecast a slightly smaller 0.3% gain after June's flat reading. Spending was up 3.4% compared to a year ago.

The increase in spending, while modest, provided some welcome relief. A recent raft of weaker-than-expected economic news, including slumping housing sales and continued high jobless claims, fueled worries the economy could backslide into recession as government stimulus wanes.

"It's consistent with sluggish growth in the near term, but not a double dip (recession)," said Scott Brown, chief economist at Raymond James.

July's spending gains may be hard to maintain if jobs and incomes don't pick up, analysts said. Incomes rose 0.2% from June to July, Commerce said, pushing the savings rate down to 5.9% from June's one-year high of 6.2%.

"With consumers as strapped as they are that (spending outpacing incomes) can't last," said Bruce McCain, head of investment strategy at Key Private Bank.

Real disposable income, or income after taxes, fell 0.1%, the first decline since January.

Economists expect the Labor Department will report Friday that employers cut 120,000 payroll jobs in August as the government shed temporary census workers. Private employers likely added a modest 44,000 staff. The unemployment rate is seen edging up to 9.6%.

The weak labor market and slack wage growth is weighing on consumers, which account for 70% of economic activity.

"We need to see better job growth, and the numbers in the near term are probably going to be pretty soft," Brown said.

President Obama, whose various stimulus efforts are nearing an end, called on Senate Republicans to "drop the blockade" against an aid package for small businesses — the economy's biggest job creators — when Congress returns from summer recess.

Obama pledged added measures to bolster the fragile recovery, which may include increasing investment in clean energy, tax cuts aimed at saving jobs and additional highway-repair projects.

"My economic team is hard at work identifying additional measures that could make a difference in both promoting growth and hiring," he said.

The government said Friday that the economy grew at a tepid 1.6% annual pace in the second quarter, well below the 2.4% pace it initially estimated. Downward revisions to trade and inventory figures outweighed an upward revision to consumer spending.

Federal Reserve head Ben Bernanke said Friday that the central bank stands ready to take further steps to boost the economy if the recovery flags.

32% of the time spent online are by African American's

2010-09-22T09:08:00.000-07:00

New information from The Media Audit's National Report reveals that for many African American households, the Internet now plays a significant role insofar as the amount of time spent online in a typical day.

According to a national study among more than 7,000 African American adults, the typical amount of time spent online is 4 hours and 21 minutes per day, a figure that is 10% higher when compared to all U.S. adults.

The amount of time spent online among all U.S. adults is 3 hours and 57 minutes per day. The latest findings represent a dramatic shift in media behavior among African Americans. A similar study conducted in 2005 revealed the typical amount of time spent online among African Americans was 1 hour and 9 minutes per day.

Today, African Americans spend an average of 13 hours and 24 minutes per day exposed to all media which includes radio, television, newspaper, outdoor billboards, and the Internet.

As a result, the Internet represents 32.5% of total daily media exposure for the typical African American. The study further reveals the only other medium in which African Americans spend more time with on a daily basis is television, but the increased time spent online has impacted how much time is spent with other media.

For example, television represents 35.2% of total daily media exposure for African Americans today. In 2005, television represented 42.9% of total daily media exposure. Radio has fared a similar fate, as the medium today represents 21.1% of total daily media exposure for African Americans. In 2005, the medium represented 31.4% of total daily media exposure.

Both are examples of why advertisers need to consider a more multifaceted approach to reaching this consumer group.

While media exposure is shifting among African Americans, this consumer group continues to consume media at a higher rate than the typical U.S. adult.

Whereas African Americans spend 13 hours and 24 minutes per day exposed to all media, the typical U.S. adult spends 11 hours and 33 minutes per day. This represents significant marketing opportunities for advertisers, as the buying power of African Americans is expected to exceed $1 trillion by 2012.

According to The Media Audit's most recent National Report, one in five African Americans plan to purchase a new or used vehicle in the next 12 months, compared to 14.9% for all U.S. adults. As a result, African Americans are 37% more likely to be in the market for a car, van, truck or SUV. The figure represents more than 3.7 million African Americans across The Media Audit's 80 measured markets.

Furthermore, African Americans are 48% more likely than the typical adult to be planning a van, truck or SUV purchase and 72% more likely to be planning the purchase of a domestic vehicle.

According to The Media Audit, 41.4% of all U.S. adults planning to buy a new or used vehicle watch television before 9am on a typical day, however, 53.9% of African Americans planning a new or used vehicle purchase watch TV during this time period.

As a result, advertisers who want to reach African American buyers may want to emphasize this daypart in a media schedule. Furthermore, nearly half of African Americans who plan to buy a vehicle are considered heavy internet users, spending at least three hours or more per day online.

In Houston, for example, an automobile advertiser placing spots on KHOU Channel 11's morning news program would achieve 27.4% reach with African American automobile buyers, however, a combination of the station's early news program and the station's website would yield an unduplicated net reach of nearly 40%. The unduplicated reach is established through The Media Audit's Ad Campaign Planner program.

African Americans also represent significant buying power in other categories, such as consumer electronics, fast food , and higher education.

For example, African Americans are 48% more likely to be planning to buy audio equipment such as a CD, MP3 player or IPod, while the same consumer group is 59% more likely to be planning to purchase video equipment such as a camera, VCR, or DVD player. Furthermore, African Americans are 31% more likely to eat fast food three or more days in a typical week, and 38% more likely to be taking a college course in the next year.

For more information on this study, or for more information on The Media Audit National Report visit www.themediaaudit.com.

Senate Advances Small Business Aid Package The bill, which includes a $30-billion loan fund, is now all but guaranteed to pass.

2010-09-15T11:56:00.000-07:00

By Courtney Rubin

The Senate on Tuesday advanced legislation to aid small businesses but failed to relieve them of burdensome new tax filings.
Two retiring Republicans joined Democrats in voting to move the bill, which includes a $30-billion loan fund and other tax breaks for small businesses. The bill's clearing of the procedural hurdle all but guarantees the Senate will pass it later this week. The House, which already approved similar legislation in June, is expected to then approve the measure promptly.

But neither party could string together the 60 votes needed to repeal or soften a new tax-reporting requirement that would force small businesses to notify the Internal Revenue Service of every purchase of goods valued at more than $600. There were two proposed amendments regarding the requirement, which is part of the health care reform passed in March.

"I have never seen it like this," National Small Business Association president Todd McCracken, who has been lobbying Congress for more than two decades, told the Los Angeles Times. "It is what makes small-business owners feel like their heads are going to explode."

The aid package of tax breaks and other incentives includes a $30-billion loan fund, which would be administered by the Treasury Department, that would go to qualified community banks that promise to extend new loans to small businesses. Another $12 billion in tax breaks would let businesses write off more of the cost of buying new equipment and making improvements – the expensing limits would be increased to $500,000. Those who are self-employed could deduct health care costs. The bill would also extend a popular program – originally created by the American Recovery and Reinvestment Act in February 2009 – to help small businesses get loans at more favorable terms.

President Barack Obama welcomed the vote. "This is a bill that would cut taxes and help provide loans to millions of small-business owners, who create most of the new jobs in this country," he said in a statement. "Small businesses across the country have been waiting for Washington to act on this bill for far too long." (Obama also took a dig at Republicans, accusing them of staging a "months-long partisan blockade.")

John Arensmeyer, president of the left-leaning Small Business Majority, said, "This bill will do more to support small business than any bill has in years."

Nevada Democrat and Senate Majority Leader Harry Reid praised Republican Senators George Voinovich of Ohio and George LeMieux of Florida for their support. He called the bill "the most significant thing we have done since the stimulus bill was passed to create jobs."

LeMieux told The New York Times the bill was needed desperately.

"It’s going to pass," he said moments after the procedural vote. "It's the right thing to do. It's going to be very good for my state. We have got almost two million small businesses. They are struggling. I visited businesses over August, and they can’t get financing."

Daily Finance: Newspapers Will Be Left Behind As U.S. Ad Spending Recovers

2010-09-08T19:30:00.000-07:00

By DANNY KING

U.S. advertising spending will increase about 3% this year, and it will rise about 35% over the next nine years, according to a report released today. That's the good news for the media industry. The bad news is that the increase will flow mostly to new media and not to newspapers and other, older forms of advertising.

Advertisers will spend $210.5 billion in 2010, up 2.8% from 2009, research firm SNL Kagan said in a report. U.S. advertising will increase next year to $214.3 billion, and it will surpass $275 billion in 2019, SNL Kagan said.
Sponsored Links

The advertising recovery won't apply to the newspaper industry, however. Newspaper advertising will be $23 billion next year, down from $46.3 billion in 1999, and it should change little through the rest of the decade, according to SNL Kagan.

Such advertising trends have forced newspapers to cut staff and production runs to stem losses. For example, the Newark Star-Ledger, New Jersey's largest newspaper, is offering more buyouts for full-time employees after its publisher said its 2010 loss would widen to about $10 million, an increase from about $9 million last year, the Associated Press reported today, citing a staff memo from publisher Richard Vezza. Vezza hasn't set an estimate for cutbacks, the wire service said, citing an interview with the publisher.

Other forms of media are likely to benefit from the advertising recovery, however. Internet advertising will surge to $60.1 billion in 2019 from $4.7 billion in 1999, while cable-television advertising will more than quadruple to $55.1 billion between 1999 and 2019, SNL Kagan said

FCC Orders Another Extension On Sirius XM Station Lease-Back Requirement

2010-09-02T09:59:00.000-07:00

August 19, 2010 (9:30 pm) Spencer Osborne

It is the issue that wont go away, and even after almost three years has not come to a resolution. Back when the merger was approved there were several stipulations attached. One stipulation related to Sirius XM giving up space for channels to be leased to “qualified entities” that would provide minority and educational programming.

Over the last couple of years there has been several proposals related to the channel leaseback requirement. Most recently American Independent Radio (AIR) filed a white paper with the FCC outlining a proposal that would have them being the qualified entity.

On August 19, 2010 the FCC granted a brief extension of the issue until November 21, 2010. The FCC seems to indicate some progress on the issue, but as with anything associated with the government there is enough vagueness in the document to drive a Mack Truck through. The timing of the new deadline will now virtually coincide with the opening for public comment (a six month period) on whether or not Sirius XM can end their price freeze.

The FCC Adoption

Adopted: August 19, 2010 Released: August 19, 2010
By the Chief, Media Bureau:

1. In this Order, the Media Bureau, on its own motion, grants an extension until November 21, 2010, for Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. to implement their voluntary commitment to enter into long-term leases or other agreements to provide a Qualified Entity or Entities rights to four percent of the full-time audio channels on the Sirius and XM platforms (“Leasing Condition”).

2. On July 25, 2008, the Commission approved the transfer of control of licenses and authorizations held by the Applicants, subject to the Applicants’ fulfillment of the Leasing Condition, among other commitments and conditions.2 In response to commenters’ concerns about the mechanics of the channel lease administration and allocation, the Commission deferred a decision as to specific implementation details for the Leasing Condition.3 On February 27, 2009, the Media Bureau issued a Public Notice seeking comment on the implementation details of the Leasing Condition. In response the Public Notice, commenters raised a number of additional concerns and proposed a range of models to implement the Leasing Condition. The Bureau anticipates Commission action on the implementation guidelines in the near future, and thus this brief extension is appropriate. The Commission will address any additional timing issues in its implementation order.

3. Accordingly, IT IS ORDERED, that pursuant to Sections 4(i), 4(j), 303(r), and 310(d), of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 303(r) and 310(d), and authority delegated in Section 1.46 of our rules, 47 C.F.R. § 1.46, Sirius XM is granted an extension of time, sua sponte, until November 21, 2010, to fulfill its voluntary commitment to enter into long-term leases or other agreements to provide a Qualified Entity or Entities rights to four percent of the full-time audio channels on the Sirius platform and on the XM platform.

FEDERAL COMMUNICATIONS COMMISSION

William T. Lake – Chief, Media Bureau

It looks like this issue will still have quite a lot of debate before it gets resolved.

Position – Long Sirius XM Radio

New Order From the FCC regarding the Sirius XM 24 Channels

2010-08-26T10:59:00.000-07:00

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

Applications for Consent to the

Transfer of Control of Licenses

XM Satellite Radio Holdings Inc.,

Transferor

Sirius Satellite Radio Inc.,

Transferee

)

MB Docket No. 07-57

ORDER

Adopted: August 19, 2010

Released: August 19, 2010

By the Chief, Media Bureau:

1. In this Order, the Media Bureau, on its own motion, grants an extension until November 21, 2010, for Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. to implement their voluntary commitment to enter into long-term leases or other agreements to provide a Qualified Entity or Entities rights to four percent of the full-time audio channels on the Sirius and XM platforms (“Leasing Condition”).[1]

2. On July 25, 2008, the Commission approved the transfer of control of licenses and authorizations held by the Applicants, subject to the Applicants’ fulfillment of the Leasing Condition, among other commitments and conditions.[2] In response to commenters’ concerns about the mechanics of the channel lease administration and allocation, the Commission deferred a decision as to specific implementation details for the Leasing Condition.[3] On February 27, 2009, the Media Bureau issued a Public Notice seeking comment on the implementation details of the Leasing Condition.[4] In response to the Public Notice, commenters raised a number of additional concerns and proposed a range of models to implement the Leasing Condition.[5] The Bureau anticipates Commission action on the implementation guidelines in the near future, and thus this brief extension is appropriate. The Commission will address any additional timing issues in its implementation order.

3. Accordingly, IT IS ORDERED, that pursuant to Sections 4(i), 4(j), 303(r), and 310(d), of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 303(r) and 310(d), and authority delegated in Section 1.46 of our rules, 47 C.F.R. § 1.46, Sirius XM is granted an extension of time, sua sponte, until November 21, 2010, to fulfill its voluntary commitment to enter into long-term leases or other agreements to provide a Qualified Entity or Entities rights to four percent of the full-time audio channels on the Sirius platform and on the XM platform.

FEDERAL COMMUNICATIONS COMMISSION

William T. Lake

Chief, Media Bureau

[1] Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee., MB Docket 07-57, Memorandum Opinion and Order and Report and Order, 23 FCC Rcd 12348, 12409-10 & 12433-39, ¶ 134 & App. B (2008) (“Sirius-XM Merger Order”). We refer to Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. collectively herein as the “Applicants.” The term “Applicants” also refers to the surviving post-merger entity, Sirius XM Radio Inc. or “Sirius XM.”

[2] Id. at 12408, ¶ 131.

[3] Id. at 12411, ¶ 135 and n. 444.

[4] Media Bureau Seeks Comment on Implementation of Sirius-XM Merger Condition that Four Percent of Audio Channels be Leased to Qualified Entities and Extends the Deadline for Compliance with this Condition, MB Docket No. 07-57, Public Notice, 24 FCC Rcd 2855 (MB, rel. Feb. 27, 2009). The Media Bureau, on its own motion, subsequently extended the deadline for the Leasing Condition until August 23, 2010. Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57, Order, 25 FCC Rcd 5675 (MB, rel. May 24, 2010). See also Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57, Order, 25 FCC Rcd 1805 (MB, rel. Feb. 22, 2010); Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57, Order, 24 FCC Rcd 12909 (MB, rel. Oct. 21, 2009); Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57, Order, 24 FCC Rcd 10616 (MB, rel. Aug. 10, 2009); Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57, Order, 24 FCC Rcd 8905 (MB, rel. June 29, 2009); Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57, Order, 24 FCC Rcd 7367 (MB, rel. May 29, 2009); Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57, Order, 23 FCC Rcd 17285 (MB, rel. Nov. 28, 2008).

[5] See Comments of iClick2Media Inc./AlphaStar International Inc.; FluteRadio LLC; Randolph J. May (President, Free State Foundation); Media Access Project; Mosaic Communications Partners, LLC; The Progress & Freedom Foundation; Radio One, Inc.; RSS Network Corporation; John Pavlica Jr. and Patrick Sharpless. See also Reply Comments of iClick2Media Inc./AlphaStar Inc.; Entravision Communications Corporation; FluteRadio; Hispanic Information and Telecommunications, Inc.; Metro Radio Korea Inc.; RSS Network Corporation; and Sirius XM Radio Inc. Further, a number of interested parties have made ex parte presentations regarding implementation details. See Letter from Jeneba Jalloh Ghatt, Counsel to iClick2Media, Inc. and AlphaStar International Inc., to Marlene H. Dortch, Secretary, FCC (Apr. 30, 2009) (“iClick2Media Apr. 30, 2009 Ex Parte”); Letter from Barry A. Friedman, Counsel to Entravision Communications Corporation, to Marlene H. Dortch, Secretary, FCC (May 5, 2009) (“Entravision May 5, 2009 Ex Parte”); Letter from Linda J. Vilardo, Vice President and Chief Administrative Officer, Radio One, Inc., to Marlene H. Dortch, Secretary, FCC (May 5, 2009) (“Radio One May 5, 2009 Ex Parte”); Letter from Stephen D. Baruch, Counsel to RSS Network Corp., to Marlene H. Dortch, Secretary, FCC (May 15, 2009) (“RSS Network May 15, 2009 Ex Parte”); Letter from Bruce A. Olcott, Counsel to Howard University, to Marlene H. Dortch, Secretary, FCC (May 29, 2009) (“Howard University May 29, 2009 Ex Parte”); Letter from Raul A. Rodriguez and Stephen D. Baruch, Counsel to RSS Network Corp., Marlene H. Dortch, Secretary, FCC (June 1, 2009) (“RSS Network June 1, 2009 Ex Parte).

Sirius XM’s FCC Channel Leaseback Requirement Heats Up Again

2010-08-26T10:51:00.001-07:00

August 7, 2010 (7:33 am) Spencer Osborne

When the FCC approved the merger between Sirius Satellite Radio and XM Satellite Radio their were several conditions attached. One of the conditions was that Sirius XM agreed to lease back channels to qualified entities to serve minority, educational, and under served markets. Over two years have passed, and to date no real action has taken place. The August 23rd extension is now upon us, so as expected the meetings with the FCC are beginning to happen again.

In an interesting FCC filing this week iClick2Media has offered up a white paper with some very interesting statistics and ideas for these new channels to become a reality. The association involved is called American Independent Radio (AIR). AIR has a goal of delivering specialized content over satellite radio, through Sirius XM’s Internet service, and to market it through social media. The filings are an interesting read, and the concept would seem to have some promise.

The concept of American Independent Radio (AIR) was designed to allow independent radio content providers, members of the underserved class that have been absent on an ever shrinking on the airwaves. The FCC has an obligation to insure fairness in the marketplace and Sirius XM realized that it had moral responsibility to give space on its dial to voices that are not normally heard on terrestrial radio but need to be heard on satellite. Their Voluntary Commitments to make available four percent (4%) of its capacity for use by certain Qualified Entities, and an additional four percent (4%) of capacity for the delivery of noncommercial educational or informational (“NCE”) programming opens the gate for theses Qualified Entities members of the underserved markets to be heard and join the digital wave of radio.

The white paper includes substantial breakdowns of trends on Internet use, social media, advertising, and overall data concerning what today’s consumers are doing. Much of what is discussed are points that I have been trying to make for some time. Things such as the importance of social media are lost on some, but the numbers do not lie, and they clearly demonstrate that in today’s markets any company needs to maintain a focus on social media. Other interesting statistics included where advertiser spend their money.

Also discussed is the substantial difference between the Internet and the Mobile Internet. Users do things differently on their cell phones than they do on their PC’s. This phenomenon is something that many companies have begun to understand, and they are already adapting to take advantage of it. Still another interesting statistic is where advertisers are spending their money. The Internet has grabbed the third spot and had over 50% more spent on advertising than did satellite.

What I personally found the most interesting thing in this report was not the concept of AIR, or even their proposal on content. It was instead some of the numbers such as ad spending and the habits of people today. This type of data underscores the substantial differences in demographics not only by race and gender, but by age as well. When it comes to technology the lines are a lot less blurred than many people think. It is why it is so important for companies to understand not only their core audience, but the overall market. Data such as this can help a company like Sirius XM better grasp what a 16 year old wants and does as compared to a 35 year old.

I am not endorsing AIR as the solution, but do feel that they provide some real food for thought on the lease back channels as well as the potential of knowing audience better in order to remain relevant to them. The FCC filings are on the five links below.

Air Cover Letter

White Paper

Air Attachment #1

Pew Home Broadband Adoption Study (50 pages)
IAB Study On Social Media (20 pages)

White Paper

2010-08-05T10:09:00.000-07:00

Summary

The concept of American Independent Radio (AIR) was designed to allow independent radio content providers, members of the underserved class that have been absent on an ever shrinking on the airwaves. The FCC has an obligation to insure fairness in the marketplace and Sirius XM realized that it had moral responsibility to give space on its dial to voices that are not normally heard on terrestrial radio but need to be heard on satellite. Their Voluntary Commitments to make available four percent (4%) of its capacity for use by certain Qualified Entities, and an additional four percent (4%) of capacity for the delivery of noncommercial educational or informational (“NCE”) programming opens the gate for theses Qualified Entities members of the underserved markets to be heard and join the digital wave of radio.

As stated in comments filed by iClick2Media, iClick2Media is a subsidiary of Independent Creative Artists (hereinafter ICA) is a production and distribution company that specializes in delivering content on various digital formats and mediums. ICA’s concept American Independent Radio (hereinafter “AIR”) in February of 2009 began its quest to act as the sole company that would act as the Independent Entity capable of managing, aggregating and preparing unaffiliated content for transmission. AIR is uniquely qualified and positioned to be a true independent entity to administer all 24 channels and under its brand and concept believes AIR will foster competition among members of the underserved markets and walk the fine line between Race Neutral and Race Preference.

It should be noted that when iClick2Media first filed its comments as a result of the Public Notice[1] seeking comments on the implementation details of the Leasing condition it had begin working with AlphaStar as its transmission facilities partner. However since that filing and subsequent filings in June of 2009 AlphaStar decided not to continue its pursuit with iClick2Media on acquiring the licenses made available by Sirius XM Voluntary Commitments and as a result iClick2Media has continued to move forward with its goal still in focus to become the sole licensee of the four percent commercial and four percent non-commercial channels under Sirius XM

It has been two years since the merger between Sirius and XM has been finalized. On February 27 2009 a Public Notice[2] seeking comments on the implementation details of the Leasing condition[3] and Prior the most recent Order dated May 24, 2010 [4] where the Media Bureau, on its own motion granted an extension until August 23 2010 there has been several other such order of such extension[5]. iClick2Media since February 27, 2009 have met and or spoken to Members of the Media Bureau several times.

During those conversation iClick2Media has and continue to seek control over the 24 channels made available by the Sirius XM Voluntary Commitments[6] and the importance of using mobile to reach the underserved market.

The purpose of these additional comments submitted by iClick2Media an Independent Creative Artists company is to discuss:

1. American Independent Radio (AIR)

a. How AIR is defined

b. What AIR plans and goals for the 24 Channels

2. The implication of Adarand

a. Adarand Defined

b. Strict Scrutiny

c. The Effect of Adarand within Governmental Agency and why its not Applicable

3. AIR Selection approach

a. Selecting AIR would foster competition through the creation of an entirely independent entity capable of managing and aggregating content from the underserved markets

b. AIR is uniquely qualified and positioned to be a true independent entity to administer of the 24 channels

i. Enforcement of Nondiscrimination in Contracting

c. AIR will adopt a quasi-public process and encourage participation from public

i. Internet Postings and Searchable Databases

ii. Conferences, Meetings, Forums, Media, and Printed Materials

iii. Ensuring the Inclusiveness of Outreach

4. Supporting statistic of why American Independent Radio makes Sense

a. Recap of Statistical Date Submitted

b. Pew Internet & American Life Project

c. Social Media

5. The wrap-up

1. American Independent Radio

(a) How AIR is defined

American Independent Radio (hereinafter “AIR”) is a concept created under iClick2Media Mobile Network a division of Independent Creative Artists, whose goal it to use the 24 channels as a Digital Grassroots Movement for the underserved markets voices, ideas and goals that can be heard in a race natural space. AIR believes that if the lines of racial inequality are to be erased then building a free and open understanding of who people are what they share in common, their likes and dislikes are quintessential to making a difference for the underserved markets currently not represented.

(b) What AIR plans and goals for the 24

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 satellite radio. By defining the proposed channels by topic AIR broaden the spectrum of talent, interest and diversity of its content provider and increase its pool of potential listener. AIR’s concept fits perfectly with Sirius XM A la Carte Programming I as outlined in the Memorandum Opinion and Order Report and order[7]. AIR concept along with Sirius XM A la Carte Programming I insures the underserved markets needs are met, a broader customer base can be achieved and the line between race-neutral/race preferences is achievable.

2. The Implication of Adarand

(a) Adarand Defined

In Adarand Constructors, Inc. v. Peña[8], the United States Supreme Court held that “all racial classifications, imposed by whatever federal, state, or local government agency” must be analyzed by a reviewing court under the standard of “strict scrutiny”.

(b) Strict Scrutiny

Strict scrutiny[9] is applied based on the constitutional conflict at issue, regardless of whether a law or action of the U.S. federal government, a state government, or a local municipality is at issue. It arises in two basic contexts: when a "fundamental" constitutional right is infringed, particularly those listed in the Bill of Rights[10] and those the court has deemed a fundamental right protected by the liberty provision of the 14th Amendment[11]; or when the government action involves the use of a "suspect classification" such as race or national origin that may render it void under the Equal Protection Clause[12]. To pass strict scrutiny, the law or policy must satisfy a three-prong test:

i. It must be justified by a compelling governmental interest.

ii. The law or policy must be narrowly tailored to achieve that goal or interest. If the government action encompasses too much (over-inclusive) or fails to address essential aspects of the compelling interest (under-inclusive), then the rule is not considered narrowly tailored.

iii. Finally, the law or policy must be the least restrictive means for achieving that interest. More accurately, there cannot be a less restrictive way to effectively achieve the compelling government interest, but the test will not fail just because there is another method that is equally the least restrictive.

In Schwegman Constructors and Engineers, Inc., [13] the Supreme Court held racial classifications must be subject to strict scrutiny and must serve a compelling governmental interest and be narrowly tailored to further that interest. Schwegman[14] further contends that following the court decision in Adarand racially based set-side programs imposed by the federal government are subject to the same level of “strict scrutiny” applied to racially based set-aside programs at the state or local level, see City of Richmond v. Croson Co.,[15]. Here is where the problem begins. The law or policy that must satisfy the three-prong test required to pass strict scrutiny is not here.

i. It must be justified by a compelling governmental interest. There has not been a law or policy compelling a government interest or has the government developed, created, implemented by any governmental agency including the FCC. The Voluntary Commitment[16] were terms created by two private companies XM Satellite Radio and Sirius Satellite Radio (that are regulated by the FCC but are not nor have they ever been governmental agency) that wanted to merge the companies and under the terms of their agreement decided to create a Voluntary Commitment to set aside four percent (4%) commercial and four percent (4%) non-commercial channels to a Qualified Entity or Qualified Entities under the new company’s moniker Sirius XM. The terms of the Voluntary Commitment included as part of the approval of said mentioned merge a clause that focused on the Public Interest and Qualified Entity Channels. The definition of Qualified Entity or Qualified Entities include any entity that is majority-owned by persons who are African-American, not of Hispanic or origin; Asian or Pacific Islanders; American Indians or Alaskan Natives; or Hispanics. So if Voluntary Commitments made by two private companies that that are publicly traded to set aside four percent (4%) commercial and four percent (4%) non-commercial channels and defined whom would qualify for them how then can Adarand be applied.

ii. The law or policy must be narrowly tailored to achieve that goal or interest. If the government action encompasses too much (over-inclusive) or fails to address essential aspects of the compelling interest (under-inclusive), then the rule is not considered narrowly tailored. Although the scent of Adarand may be present the one key component that opens the door to Strict Scrutiny is not present. In Lee v. Washington [17] a compelling government interest justifying only those uses of race that are narrowly tailored to address those necessities see e.g., Grutter v. Bollinger [18] to have standing, the ‘injury in fact” necessary to establish standing in this type of case is the denial of equal treatment resulting from the imposition of the barrier, not the ultimate inability to obtain the benefit. Further according to Northeastern Florida Chapter, Associated General Contractor of America v. Jacksonville[19] in the face of such a barrier, to establish standing, a party need only demonstrate that it is able and ready to perform and that a discriminatory policy prevents it from doing so on an equal basis. Idib. Since there is no policy that was or currently imposed by the FCC (a governmental agency) as it relates to the Sirius XM Voluntary Commitment to set aside four percent (4%) commercial and four percent (4%) non-commercial channels to a Qualified Entity or Qualified Entities and since Sirius, XM and or post merger Sirius XM is not nor have they ever been a governmental agency therefore the application necessary for Adarand again is not here is not here. Further there was never a governmental program created out of a need by the FCC that would include Qualified Entity or Qualified Entities with Sirius, XM, and or after the merger Sirius XM. Nor was there a compelling governmental interest from any federal, state, and or local governmental agency that needed to be met as a result of the merger between Sirius XM as it relates to race.

iii. Finally, the law or policy must be the least restrictive means for achieving that interest. Sirius, XM, and after the merger Sirius XM separately were publicly traded companies and after the merger continue to be a publicly traded company therefore the application of “law or policy must be the least restrictive means for achieving that interest” cannot apply since Sirius XM has not nor has ever been a governmental agency. Further there has never been any policy and or compelling governmental interest from any federal, state, and or local governmental agency that has been made, implemented and or granted for Sirius XM.

(c) The effect of Adarand within Governmental Agencies

In September 2005, the U.S Commission on Civil Rights[20] issued a report finding that, ten years after the Adarand decision, federal agencies still largely fail to comply with the rule in Adarand. Specifically, the Commission found that the Departments of Defense, Transportation, Education, Energy, Housing and Urban Development, and State, and the Small Business Administration, do not seriously consider race neutral alternatives before implementing race-conscious federal procurement programs. The U.S Commission on Civil Rights found that the Strict Scrutiny standard under Adarand and other Supreme Court decisions requires such consideration but not seriously consider race neutral alternatives therefore enforcement has not been able to be achieve. It seems clear the trigger for Adarand must be some federal, state, or local government agency program, law and or policy that brings to the forefront two basic contexts:

1. When a "fundamental" constitutional right is infringed, particularly those listed in the Bill of Rights[21] and

2. Where the court has deemed a fundamental right protected by the liberty provision of the 14th Amendment[22]; or

3. When the government action involves the use of a "suspect classification" such as race or national origin that may render it void under the Equal Protection Clause.

The three basic contexts have not been met then the next logical step can’t be made because you need at least these two of these contexts before you get to strict scrutiny test and under the Sirius XM Voluntary Commitment to set aside four percent (4%) commercial and four percent (4%) non-commercial channels to a Qualified Entity or Qualified Entities in fact there are:

1. No constitutional rights infringed,

2. Nor are there any fundamental rights protected by the liberty provision of the 14^th Amendment and

3. Finally there were no governmental actions that involve the use of a “suspect classification” that may render it void under the Equal Protection Clause.

In reviewing the scope of the Adarand decision is consisting with the interpretation of the case by the Department of Justice (DOJ). An analysis of the Adarand decision by DOJ states:

“Mere out reach and recruitment efforts….typically would not be subject to Adarand standards, indeed, post-Corson cases indicate that such efforts are considered race neutral means of increasing minority opportunity. In some sense, of course, the targeting of minorities through outreach ad recruitment campaigns involves race-conscious action. But the objective there is to expand the pool of applicants of bidders to include minorities, not to use race or ethnicity in the actual decision”.

The DOJ explained it as well:

“If the government does not use racial or ethnic classifications in the selection of person from the expanded pool, Adarand ordinarily would be inapplicable”[23].

If this is the case then how can Adarand apply to a non-governmental agency? It cannot. The fact of the matter is “The Voluntary Commitments” made by Sirius and XM was to ensure as stated by Chairman Kevin J. Martin:

“I said at the time that the two companies announced their intent to merge that I thought they had a high hurdle to meet if they wanted to prove that the transaction would be in the public interest. It has taken some time, but I do believe that with the essential Voluntary Commitments they have made, the parties have met this burden….I commend the parties for committing to offer more choice and flexibility in how they purchase channels….I am pleased that the parties have committed to offering consumers, for the first time, with a specific percentage of diverse programming. The companies have agreed to dedicate eight percent of their channels – 24 channels in total—to minority and public access programming. This will create greater opportunities for more voices to be heard on satellite radio, covering the issues that are important to those communities that may have traditionally been ignored in the past[24].

This statement shows that Adarand cannot be applied because as mentioned above by Chairman Martin the two companies overcame the hurdle and came up with a formula that meet all the necessary needs to ensure fairness, flexibility, offering consumers diverse programming none of which were programs being imposed, created, implemented, and originated by the FCC or any other governmental agency

3. AIR Selection approach

a. Selecting AIR would foster competition through the creation of an entirely independent entity capable of managing and aggregating content from the underserved markets

The commission asked for comments on “weather their should be a single lessee or multiple lessees”, whether Sirius XM should be part of the selection process, and if not who should make the selection.[25] AIR has and continues to propose that one entity be the lessee or trustee for selecting the sub-lessees, AIR is the entity. AIR process is not based on race solely but on what content of the underserved market that is current missing from the line-up on the Sirius XM, and how that content falls in line with Sirius XM A la Carte I Programming outlined in the Voluntary Commitments.

In the appendix is a deck that details AIR selection process. The process includes:

1. AIR Channels Breakdown

2. Pre-Marketing the application process

3. Requirement for selection

4. Time line for selection to launch Date

5. Use of Technology and

6. Post-Marketing

AIR believes that this process is the best to ensure the inclusion of the underserved market and would foster inclusion of women and minority in the satellite and mobile space. AIR also believes that the concern express in the Dissenting Statement of Commissioner Jonathan S. Adelstein[26] can be resolved by what AIR is proposing. According to his dissent Commissioner Adelstine wrote:

“Sirius and XM (collectively the “Applicants”) currently offer dynamic and competitive audio programming to consumers. Their marketplace competition with each other has undoubtedly contributed to their cutting edge appeal…The Applicants’ commitment to set aside four percent of full-time audio channels for noncommercial educational and informational programming as well as four percent for qualified entity programming is a small step in the right direction. There is no explanation, however, as to why these commitments are significant enough to offset the potential public interest harms by a merger to monopoly….And, it is left entirely unclear how the qualified entities will be selected, leaving the entire provision unintelligible and unpredictable. “We will determined the implementation details for use of these channels [for qualified entities] at a latter date,[27] is a clear indication of the Commission’s historic pattern of neglecting minority access to communication industry. Once again, rather than taking a decisive step forward to improve the plight of women and people of color in media, the Commission has taken a step to the side”.

AIR believes its selection process is too a small step in the right direction. Though it’s a Qualified Entities it is not focus on color solely, but focused on the needs of the underserved market, it’s need for content and its need to be independent. AIR also believes that the “side step” mentioned by Commissioner Adelstine and his concerns “why these commitments are significant enough to offset the potential public interest harms by a merger to monopoly” are workable to avoid the “potential public interest harms by a merger to monopoly”. First, AIR offers an independent voice with many other independent voices under its moniker. Second, it fits within the confines of the Voluntary Commitment A la Carte Programming I as outlined in the Memorandum Opinion and Order Report and order [28] and third by having one entity oversee the channels it can maintain its independence within the monopoly to ensure these voices never go silent and continue making steps in the right direction towards race neutral.

b. AIR is uniquely qualified and positioned to be a true independent entity to administer of the 24 channels.

Four (4) of the most active companies on the docket have their own plans for programming. Each meets the necessary qualification to be considered a Qualified Entity. Some have programming ideas that overlap with each other while others currently have terrestrial station nationwide. It should be noted that in February 2010 iClick2Media filed comments where it suggested to the FCC that the five (5) most active members on the docket work together to find a solution and suggested the creation of the Diversity Satellite Radio Consortium (hereinafter “DSRC”) however that concept has not been able to created because many parties on the docket believe these channels will never see the light of day. However AIR believes its quest for the underserved market is inline with what the true meaning of the Voluntary Commitment is and unlike them AIR’s focus is on the true meaning of what the underserved market represent. Though the Voluntary Commitment made by Sirius and XM defines race[29] but the market also covers other segment of the American population that can’t be defined by race. AIR believes that they too should have a voice, a space to express their ideas, topic and concerns. Though AIR is a minorities company it does not have the mentality of one. It realizes that if this country is too erasing racism it first needs to gets to a place where Race Neutral and Race preference blears. AIR’s goals, selection process, use of the Internet and mobile phones to get the content to the underserved markets are built on that foundation.

c. AIR will adopt a quasi-public process and encourage participation from public

a. Internet Postings and Searchable Databases:

As part of its out reach AIR will use the power of social media to spread the word. The power of social marketing as a tool to reach the potential user is better than word of mouth. For example if you have 5000 friends on Facebook and you post the opportunity to be come a radio host on Sirius XM with the link that one posting open the selection process to 5000 people with the push of a button. That one push turns into many others pushing the button on their computer sharing the information with their network of friends. Suddenly you know have a quasi-public notice that keeps on moving throughout the social network. A sample of iClick2Media Social

b. Conferences, Meetings, Forums, Media, and Printed Materials Ensuring the Inclusiveness of Outreach

AIR will also ensure it notifies key people that have and or are attached to networks, memberships and agencies that are members of the underserved market to get the word out about AIR and what its is, what content is needed and what the application process is. As stated in AIR Selection Deck attached herein the time line is 180 days until launch. There will be a notice period of 90 days before the selection process will begin. During that time AIR will maintain records online for the public, the FCC, Sirius XM and or others to view to ensure AIR remains an open application process. As an example of our concept the OWN Network (Oprah Winfrey & Discovery Network) launched a similar process where it used Facebook, Twitter, MySpace and oprah.com/own to get the word out to have people try to win a spot on a new reality TV series entitled “Your OWN Show on OWN!” Thought this was a voting selection process its core notification concept and ability to view people’s submission are in line with AIR core process. This process does three things. First keeps AIR neutral, second it open notification to people who would not know of this opportunity and thirdly it affords diversity of ideas from the underserved markets.

4. Supporting statistic of why AIR makes Sense

In it comments submitted in March of 2009[30] iClick2Media provided statistical data to support its position of the need of the underserved market lack of a voice on the dial. They included The Infinite Dial[31], Radio Today: A Quantitative History of Ownership Consolidation In The Radio Industry, Radio Today: How America Listens to Radio[32], A Quantitative History of Ownership Consolidation In The Radio Industry[33] and Off The Dial: Female and Minority Radio Station Ownership in the United States[34]. Each of the documents supports what Sirius XM Voluntary Commitments attempts to fix and the dissenting Statement of Commissioner Jonathan S. Adelstein that the state of minority radio is dismal. Though there have been steps made to increase minority participation in radio such as Clear Channel donating AM stations to the Minority Media and Telecommunications Council and offering to other organizations AM stations for free it is at best dated in a digital world. With the advent of digital communication, the internet and mobile device (i.e. Smart Phones) several generation now get their information for those sources not radio. Not radio especially AM Radio.

An example of this movement can be found in a study done by Pew Internet & American Life Project[35]. A Summary of Findings concluded:

Home broadband adoption stood at 63% of adult Americans as of April 2009, up from 55% in May 2008.

The latest findings of the Pew Research Center’s Internet & American Life Project mark a departure from the stagnation in home high-speed adoption rates that had prevailed from December 2007 through December 2008. During that period, Project surveys found that home broadband penetration remained in a narrow range between 54% and 57%. The greatest growth in broadband adoption in the past year has taken place among population subgroups, which have below average usage rates. Among them:

Senior citizens: Broadband usage among adult’s ages 65 or older grew from 19% in May 2008 to 30% in April 2009.

Low-income Americans: Two groups of low-income Americans saw strong broadband growth from 2008 to 2009.

Respondents living in households whose annual household income is $20,000 or less saw broadband adoption grow from 25% in 2008 to 35% in 2009.

Respondents living in households whose annual incomes are between $20,000 and $30,000 annually experienced a growth in broadband penetration from 42% to 53%.

Overall, respondents reporting that they live in homes with annual household incomes below $30,000 experienced a 34% growth in home broadband adoption from 2008 to 2009.

High-school graduates: Among adults whose highest level of educational attainment is a high school degree, broadband adoption grew from 40% in 2008 to 52% in 2009.

Older baby boomers: Among adults ages 50-64, broadband usage increased from 50% in 2008 to 61% in 2009.

Rural Americans: Adults living in rural America had home high-speed usage grow from 38% in 2008 to 46% in 2009. Population subgroups that have above average usage rates saw more modest increases during this time period.

Upper income Americans: Adults who reported annual household incomes over $75,000 had broadband adoption rate change from 84% in 2008 to 85% in 2009.

College graduates: Adults with a college degree (or more) saw their home high-speed usage grow from 79% in 2008 to 83% in 2009.

Notably, African Americans experienced their second consecutive year of broadband adoption growth that was below average.

In 2009, 46% of African Americans had broadband at home.

This compares with 43% in 2008.

In 2007, 40% of African Americans had broadband at home.

Why is this important? As iClick2Media as stated from the beginning it plans to implement the use of mobile devices to reach the underserved market and here are the hard fact about reaching that market and the potential for greater growth than ever before. According to the study:

A. 56% of adult Americans have accessed the Internet by wireless means (i.e. using a laptop, mobile device, game console, or MP3 player).   

B. Smart phones

1. One-third of Americans (32%) have used a cell phone or Smart phone to access the Internet for emailing, instant messaging, or information seeking.

2. On the typical day, nearly one-fifth (19%) of Americans use the Internet on a mobile device, up substantially from the 11% a growth of 73% in the 16-month interval between surveys.

C. African Americans are the most active users of the mobile Internet and their use of it is also growing the fastest. Among the highlights of the findings include:

1. 48% of Africans Americans have at one time used their mobile device to access the internet for information, emailing, or instant-messaging, half again the national average of 32%.  

2. 29% of African Americans use the Internet on their handheld on an average day, also about half again the national average of 19%.

3. 32% of African Americans used the Internet on their mobile on the average day

D. The high level of activity among African Americans on mobile devices helps offset lower levels of access tools that have been traditional onramps to the internet, namely desktop computers, laptops, and home broadband connections:

1. By a 59% to 45% margin, white Americans are more likely to go online using a computer on a typical day than African Americans.  

2. When mobile devices are included in the mix, the gap is cut in half,

3. 61% of whites go online on the average day when mobile access is included while 54% of African Americans do.

4. African American and white Americans, on average, do the same number of activities.

E. There are also clear differences in attitudes about mobile access across racial categories:

1. With African Americans being very active in texting and IM-ing, it is no surprise to see them in the lead in viewing mobile access as a way to stay in touch with others.

2. African Americans also are more likely than whites to see mobile access as a way to share content with others while on the move.   

3. The growth in use of the Internet on the handheld for African Americans is striking, particularly when focusing on the frequency of doing this on the typical day.

a. Recall that handheld Internet use on the average day grew by 73% for the general population from the end of 2007 to the beginning of 2009.

b. For African Americans, growth was twice the rate of whites from 12% to 29% or a growth rate of 141%.   

F. So what does this all mean?

1. The gap in digital divide among race has begun to close and like Commissioner Adelstine statement regarding the Voluntary Commitment “this is small step in the right direction”.

2. That the underserved markets continue to want access to content and have the ability to develop and create content that is relevant to them and such created content has the ability to be beneficial the collective listeners on Sirius XM,

3. That African American's and Hispanic's are finding cost effective way to have access to the World Wide Web via their mobile device and are sharing that information via email, texting, twittering and facebooking, while giving a voice to the underserved markets,

4. With mobile phone providers (AT&T, Sprint, Verizon, T-Mobile and Metro PCS) offering smarts phones at affordable prices and plans that combine phone, texting and web browsing causing an upsurge among the underserved markets; Combine it with the Voluntary Comments and give the underserved markets access to develop content for their base and access to the 19 million listeners currently on Sirius XM will opens new doors for satellite radio growth and can finally be a real step forward for the underserved markets and solid the foundation for real equality .

5. The Importance of Social Media

According to a study by IAB[36] on social media Internet World Stats says: the US is currently among the top online consumers in the world according to hours of use and penetration on the web. This is due to Social Network popularity and the user need to share information and content. By the end of 2009, 160.3 million people had accessed the Internet via a broadband connection (that would include smarts phones with internet access). Social Media sites are characterized by the inherent functionality that facilitates the sharing of information between users within a define network i.e. AIR. The nature of Social Media allows for the initiation of conversation by either party; That conversation is currently happening among the members of the underserved markets and AIR can further those conversation by using social networks to inform, educate and assist in the development of ideas by the underserved market that is currently not happen on Satellite radio

Increasingly people want to join the conversation that is true of the underserved markets as well, for example in January of 2010 the audience for social media was 104,212. The following year in January 2009 115,083 and this year in January 2010 it was 149,285 (unique Audience for Social Media Sites, mm)[37]. These numbers show a 20% annual rate of growth that is coming from the underserved market need access to the internet for content that reflect who and what they are. Social Media is an effect tool in AIR’s goal to get the underserved market a place to be heard.

6. The Wrap-up

Adarand does not have a place here. It seems the fear of Adarand was more of a red herring than an issue at all. There has not been a law or policy compelling a government interest or governmental agency developed, created, and or implemented therefore Adarand cannot apply. AIR stands ready to build this network for the underserved market with our selection process. Further there are no fundamental" constitutional right that are infringed; the liberty provision of the 14th Amendment is not at issue either; and thought the use of a suspect classification is used the key element that is still needed is a law or policy compelling a government interest and it is not. AIR concept of using mobile to further the cause of moving the underserved market forward is quintessential to achievable inclusion and acceptance of its voice.

[1]Media Bureau Seeks Comments on Implementation of Sirius-XM Merger Conditions that four percent of Audio Channels be Leased to Qualified Entities and Extends the Deadlines for Compliance with this Condition, MB Docket No. 07-57 Public Notice 24, FCC Red 2855 (MB, rel. Feb 27, 2009)

[2] Id

[3] Id

[4] In the Matter of Application for Consent to the Transfer of Control of Licenses XM Satellite Radio Holdings Inv To Sirius Satellite Radio Inc. MB Docket No. 07-57

[5] Application for Consent to the Transfer of control of Licenses, XM Satellite Radio Holdings, Inc., Transferor, to Sirius Satellite Radio Inc., Transferee. MB Docket 07-57, Memorandum Opinion and Order and Report and Order 24 FCC Red 2855 (MB, rel. Feb 27, 2009). The Media Bureau, on its own motion, subsequently extended the deadline for the Leasing condition until June 29, 2009. Application for Consent it the transferee, MB Docket No. 07-57, Order, DA 09-1212 (MB, rel. May 29 2009). Previously, the Media Bureau also on its own motion, had extended the deadline for the Leasing Condition form November 28, 2008, until February 27, 2009. Application for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transfer, MB Docket No. 07-57, Order, 23 FCC Red 17285 (MB. Rel. Nov. 28, 2008)

[6] In the matter of Application for Consent to the Transfer of Control of the Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee Memorandum Opinion and Order and Report and Order

[7] In the matter of Application for Consent to the Transfer of Control of the Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee Memorandum Opinion and Order and Report and Order pg. 40

[8] 515 U.S. 200 (1995)

[9] McCormack, Alfred (1946). "A Law Clerk's Recollections". Columbia Law Review 46 (5): 710–718

[10] Bill of Rights

[11] 14^th Amendment

[12] Equal Protection

[13] 1996 WL. 490015 (Comp. Gen.), B- 2223, 96-2 CPD P 90

[14] Id

[15] 488 U.S. 469 (1989),

[16] In the matter of Application for Consent to the Transfer of Control of the Licenses XM Satellite Radio Holdings Inc., Transferor To Sirius Satellite Radio Inc., Transferee Memorandum Opinion and Order and Report and Order Appendix B Voluntary Commitments pg. 86-89

[17] 390 U.S. 333, 88 S.Ct. 994, 19 L.Ed.2d 1212

[18] 539 U.S. 306, 353, 123 S.Ct 2325, 156 L.Ed.2d 304

[19] 508 U.S. 656, 666, 113 S.Ct. 2297, 142 L.Ed.2d 586

[20] U.S. Commission on Civil Rights Federal Procurement After Adarand Sept 2005

[21] Bill of Rights

[22] 14^th Amendment

[23] Memorandum to All Agency General Counsels for Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, United States Department of Justice, at 7 (June 28, 1995) (footnotes omitted)

[24] Statement of Chairman Kevin J. Martin Re: Application for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57

[25] Public Notice at Para 3

[26] Statement of Commissioner Jonathan S. Adelstein Re: Application for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57

[27] Order at Para 135

[28] Id.

[29] A Qualified Entity includes any entity that is a majority-owned person who are African-American, not of Hispanic origin; Asian or Pacific Islanders; American Indians or Alaskan Native; or Hispanics.

[30] White Paper American Independent Radio: Proposal to be the Qualified Entity or Independent Trustee to Administer and Manage the Unaffiliated Independent Content Programmers to be Transmitted on Sirius XM Channel Allotment per the Sirius-XM Merger Order

[31] THE INFINITE DIAL 2008: RADIO’S DIGITAL PLATFORMS – Online, Satellite, HD RadioÒ and Podcasting 2006 Arbitron Inc., and Arbitron Radio Listening Report

[32] RADIO TODAY: HOW AMERICA LISTEND TO RADIO – Arbitron 2008 Edition

[33] A QUANTITATIVE HISTORY OF OWNERSHIP CONSOLIDATION IN THE RADIO INDUSTRY: Future of Music Coalition, December 2006

[34] OFF THE DIAL: FEMALE AND MINORITY RADIO STSTION OWNERSHIP IN THE UNITED STATES –How the FCC Policy and Media Consolidation Diminished Diversity on the Public Airwaves, Free Press, June 2007

[35] Pew Internet & American Life Project: Home Broadband Adoption 2009 – Broadband adoption increase, but monthly prices do too June 2009

[36] IAB Stats Deck Social Media May 2010

[37] Nielsen Netview, 2010

Are We Getting Closer

2010-07-14T17:15:00.000-07:00

For the past 7 months Sirius XM have had several meetings with the FCC on the Implementation of Sirius-XM Merger Condition that twenty-four Audio Channels Be Leased To Qualified Entities and Extends . It has been stated to me that in those conversation the topic of conversation were:

(1) the definition of a Qualified Entity or Entities,

(2) the process for establishing eligibility including the technical and financial qualifications of lessees,

(3) the criteria for selecting among competing applicants where demand exceeds supply,

(4) the technical aspect of allocation capacity to lessees,

(5) the duration of the long-term lease, as well as other terms and conditions of services. Since this filings there have been several comments filed and additional extension

My hopes are as the deadline draws near that a plan of action will be implemented. ICA Project entitled American Independent Radio has been the only one requesting all 24 channels and as of today we hold that position.

In the few week we will be submitting comments and a plan on how to implement and insure the needs of the under served markets are being met and how the Al-a-cart program suggested by the merge order can bring about great benefits for all involved.

Did You Know That:

2010-07-05T06:59:00.000-07:00

Mobile TV Revenues will accelerate after 2012

Worldwide revenues from mobile TV services will begin accelerating in 2012, according to a new study from ABI Research.

Dramatic Growth Expected 2012-2015 “Mobile TV Services” indicates growth in worldwide adoption of and revenues from mobile TV services has been slow and steady since 2008, when global revenues from mobile TV services were less than $2.5 billion. This year, they are estimated to reach about $2.5 billion, and should reach closer to $3 billion in 2011.

However, in 2012, worldwide mobile TV revenues will approach $7 billion. This will kick off what ABI Research is forecasting as a dramatic growth spurt, with revenues exceeding $10 billion in 2013 and $15 billion in 2014 before reaching $20 billion in 2015.

Several Inhibiting Factors Expected to be Resolved Several factors have hindered the widespread deployment and adoption of mobile cellular and broadcast TV services to date, according to ABI Research analysis. The three most important global market barriers have been the lack of free and simulcast local and national TV programs as a primer for fee-based premium content in most countries outside of Japan and South Korea, limited analog-to-digital TV transitions in most regions that would allow broadcasters to simulcast mobile and terrestrial TV services, and the inadequacy of 3G networks.

However, most developed countries will complete the transition from analog to digital by 2012 and the deployment of 4G networks over the next few years will enable a significantly improved mobile TV experience.

Fritz Jordan, principal analyst for ABI Research, said once the analog-to-digital TV conversion is complete, the barriers to entry for broadcasters will be low; with broadcasters leveraging existing content licenses and rights and invest just $100,000 or so per tower to provide mobile TV services.

In addition, Jordan said there will be a proliferation of mobile TV devices beyond cell phones. “Mobile consumers won’t be forced to go through a mobile operator and have to pay for voice, messaging, email and Internet plans first, just to get mobile TV,” said Jordan.

US Mobile Video Use Stays Flat Recent data from The Nielsen Company supports ABI’s findings of slow current growth in mobile TV, at least in the US market. The Nielsen Three Screens Report indicates the average amount of time US mobile subscribers spent viewing video on a mobile phone per month remained flat in Q1 2009, Q4 2009 and Q1 2010 at three hours and 37 minutes.

The Digital Divide between Blacks and Whites is getting smaller!

2010-07-02T01:08:00.000-07:00

By Malik Shakur

In a study conducted by the Pew Research Centers Internet & American Life Project a nonpartisan, nonprofit "fact tank" that provides information on the issues, attitudes and trends shaping America and the world found that:

A. 56% of adult Americans have accessed the Internet by wireless means (i.e. using a laptop, mobile device, game console, or MP3 player).   

B. According to the study:

1. One-third of Americans (32%) have used a cell phone or Smart phone to access the Internet for emailing, instant messaging, or information seeking.

2. On the typical day, nearly one-fifth (19%) of Americans use the Internet on a mobile device, up substantially from the 11% a growth of 73% in the 16-month interval between surveys.

C. African Americans are the most active users of the mobile Internet and their use of it is also growing the fastest. Among the highlights of the findings include:

1. 48% of Africans Americans have at one time used their mobile device to access the internet for information, emailing, or instant-messaging, half again the national average of 32%.  

2. 29% of African Americans use the Internet on their handheld on an average day, also about half again the national average of 19%.

3. 32% of African Americans used the internet on their mobile on the average day

1. By a 59% to 45% margin, white Americans are more likely to go online using a computer on a typical day than African Americans.   -

2. When mobile devices are included in the mix, the gap is cut in half;

3. 61% of whites go online on the average day when mobile access is included while 54% of African Americans do.   

4. African American and white Americans, on average, do the same number of activities.

E. There are also clear differences in attitudes about mobile access across racial categories:

1. With African Americans being very active in texting and IM-ing, it is no surprise to see them in the lead in viewing mobile access as a way to stay in touch with others.

2. African Americans also are more likely than whites to see mobile access as a way to share content with others while on the move.   

3. The growth in use of the Internet on the handheld for African Americans is striking, particularly when focusing on the frequency of doing this on the typical day.

a. Recall that handheld Internet use on the average day grew by 73% for the general population from the end of 2007 to the beginning of 2009.

b. For African Americans, growth was twice the rate of whites from 12% to 29% or a growth rate of 141%.   

F. So what does this all mean:

1. That the digital divide that has been wide as all the oceans combined is now looking more like a lake,

2. African American's and Hispanic's are finding cost effective way to have access to the world wide web via their mobile device and are sharing that information via email, texting, twittering and facebooking, and

3. With mobile phone providers (AT&T, Sprint, Verizon, T-Mobile and Metro PCS) offering smarts phones at affordable prices and plans that combine phone, texting and web browsing this lake may just dry up and put us all on the same playing field of sharing information and growing as one.

Data provide by:

John Horrigan Associate Director, Research

Pew Internet & American Life Project

An Initiative of the Pew Research Center

1615 L Street. NW

Suite 700

Washington D.C. 20036

(202) 419-4500

pewinternet.org

To contact Mr. Shakur:

American Independent Radio

An Independent Creative Artists Company

264 S. La Cienega Blvd.

Suite 565

Beverly Hills, CA 90211

(888) 406-0563 Office

(888) 588-4356 Fax

malik@independentcreativeartists.com

malikshakuresq (skype/iChat)

Update from FCC regarding the Order Adopted May 24, 2010

2010-06-30T08:36:00.000-07:00

Before the Federal Communications of Commission

Released on May 24, 2010

In the Matter of Applications for Consent to the Transfer of Control of Licenses

XM Satellite Radio Holdings, Inc. Transferor

Sirius Satellite Radio Inc. Transferee the

FCC in its wisdom has for the sixth time extended the time to implement their voluntary commitment to enter into long-term leases or other agreements to provide a Qualified Entity or Entities rights to four percent of the full-time audio channels on the Sirius and XM platforms (leasing Condition).

SO WHAT DOES IT ALL MEANS? Well it a waiting game. Until the issues that the FCC claims to be of issue have been resolved this game of chess will continue.

America Independent Radio is focused on bringing new ideas and different points of views from the underserved markets to the American public via satellite radio and mobile. I believe that these 24 channels should be given to AIR to ensure the voices of the underserved market is heard and those voices are apart of the digital marketplace where different generations of people are sharing ideas, concepts and developing coalitions to build a better world.

Malik Shakur –CEO

American Independent Radio

An Independent Creative Artists Company

Update from FCC

2010-05-25T14:49:00.000-07:00

FCC

c/o Marcia Glauberman

445 12th Street SW

Washington, DC 20554

RE: Up Date

Thank you for speaking with me this afternoon and giving me an update me on what has been happening with the leases for Sirius XM. If I'm to understand correctly, the new commissioner is looking at setting up and application process for the channels since the old commissioner never did that.

In several papers that iClick2Media submitted to the FCC regarding this issue, I have made several suggestion on how our application process would work and make it available to all people wishing to have access to the channels and air time on these suggest channels. I also suggest using mobile as away to reach the consumer of the undeserved market to in ensure the complete access to said channels. I find it odd that at this late date that this is now an issue. I'm sure that this process is necessary however it is still somewhat concerning.

I can only speak for iClick2media but I'm sure the others whom have been most active on the docket will concur with my feelings that this is beginning to look unfair to those of us that have been diligent in working towards obtaining these channels for the under-served market place.

I'm sure you and your office are working hard to reach an end result that will meet all the parties involved concerns. I look forward to speaking with you in the near future.

Regards,

Malik

2010-02-10T09:37:00.000-08:00

Marlene H. Dortch, Secretary

Federal Communications Commission

445 12th Street, S.W. Washington, DC 20554

Re: iClick2Media’s solution for Consolidated Application for Authority to Transfer Control of XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc., MB Docket No. 07-57

Dear Ms. Dortch:

iclick2media has been one of the most active applicant for management and programming for the proposed open access 24 channels made as voluntary concessions in July of 2008 after the merger between Sirius and XM satellite radio. Since the end of 2009, there have been several changes both in the intended planning for the channels and also with some changes in leadership at the FCC. At this time point, iClick2Media would like to reiterate its position on the matter of why we have come to a viable solution to the question of deciding on the Qualified Entity for content and administration of these channels. We hope to impress upon the Commissioners and deciding agency members of a new sense of urgency to come to a resolution to make available the 4 percent of Sirius XM Satellite Radio capacity for use by certain Qualified Entities.

We have submitted several white papers and have met with members of the FCC regarding our position. There have been several deadlines set and reconsidered which is understandable considering the impact and consequences of the decision on the public. Satellite radio is now growing significantly with its customer base and technological innovations for broadcast media. (see article at http://siriusbuzz.com/sirius-xm-adds-257k-net-subscribers-in-the-fourth-quarter-of-2009.php, Sirius Buzz, January 19^th, 2010).

The five most active members on the docket have been iClick2Media, RSS Network Corporation, Council Tree/Mosaic Communication Partners LLC, Radio One, and Entravision Communications Corporation. All of these interested parties have submitted the necessary documents to meet all deadlines and have a vested interested in these channels.

Of the five most active on the docket, three of them - iClick2Media, RSS Network Corporation and Council Tree/Mosaic Communication Partners LLC - stand to meet the qualifications set in the terms and conditions by the Sirius XM Voluntary Commitments. Although both Radio One and Entravision meet the conditions set in place by the FCC, the two currently own over 100 radio stations around the nation and have channels currently on Sirius XM. If the vision of what the merger was intended to do is to open up media access to underrepresented groups, then it stands to reasonable interpretation that new and interested parties be allowed the chance to be designated as a Qualified Entity to enter the highly competitive market of airwaves.

iClick2Media has previously submitted the following proposal:

1. That a consortium of the existing and future interested parties create a viable management and strategy in the form of a Diversity Satellite Radio Consortium (DSRC)

2. The DSRC will be able to meet several concerns addressed on the docket in comments from the parties and the public, while combating the absence of the underserved content providers and foster the need for public voices on for consumers of satellite radio.

iClick2media believes the intention of the merger agreements for the open channels will be served by our proposal since:

1. A unified consortium and effort will best promote diversity on satellite radio

2. On July 25, 2008, when the Commission voted to approve the merger between Sirius and XM and as part of the Merge Order accepted the Voluntary Commitment designed by Sirius XM for what it wanted to achieve with the four percent commercial and four percent of non-commercial channels, inadvertently compelled itself to act within the scope and duties granted to the FCC and narrowly tailored the government’s interest by defining what a Qualified Entity was further obligating itself to insure fair competition in the SDARS market for all.

3. The DSRC will allow greater access to the airwaves through its greater outreach to new content producers. As proof of the FCC’s compelling interest to level the playing field as it relates to minorities in radio, a report entitled “Off The Dial” released in 2007, found that women and minorities own just 6 and 7.7% of all broadcast radio stations in the country respectively. The year before in 2006 “Out of the Picture,” an unprecedented report on broadcast television ownership, which found that women of all races own just 5% of the 1,400 commercial broadcast television stations in America. People of color, who make up 33% of the national population (and will be more than 50% by 2050), own just 3.6%. To further the point of the dismal outlook of minority on the dial, the Third Circuit chastised the FCC in Prometheus v. FCC for ignoring the issue of female and minority ownership only proves there is a compelling interest for this governmental agency to act.

4. The DSRC will put in place a Board that will oversee the content that will be placed on these channels. Each of the board members will be able to develop its own content but the content must serve as many of the underserved market as possible.

5. The DSRC will work collectively and independently to acquire new voices for their prospective listener base by creating, developing, and implementing a grassroots marketing campaign to add new listeners to the 24 channels. iClick2Media will also make available to the proposed DSCR its technology that allows the consumer the ability to listen to the programming on new technologies that assist in getting the content to our end user.

6. Should any other small independents active on the docket wish to join our effort, DSRC will be open to accommodating their content on the 12 proposed channels to create a win-win situation and solution for all Lease Term holders.

7. DSCR proposes a standard 10-year lease term for all leaseholders.

8. If DSRC is elected to be the Qualified Entity to lease the channels and divide them as describe herein, then DSRC will propose that programming blocks terms be limited to 2 years.

In doing so, as iClick2Media indicated on the docket, DSRC would:

1. encourage those short-block programmers to continue to produce quality content that satisfies the needs and interests of the audiences; and

2. enable others and maximize the number of content producers that have access to the channels.

The overall goal of telecommunications policy is to maximize efficiency through competition, which is necessary because the market for telecommunications services is a natural monopoly. Sirius XM’s Voluntary Commitment as defined in the Merge Order understood the need to open the channels to a more diverse community. By setting aside 4 percent commercial and 4 percent non-commercial channels for Qualified Entity recognized a keen business need to grab an audience that is growing in leaps and bounds and where the social and private benefits are clearly different.

On the social side the FCC is bound to protect the interest of the people of the United States and that includes opening the broadcast field to minority content providers and the underserved market including access to digital and satellite airwaves.

We welcome further discussions to pursue our proposal from the members of the FCC and other interested parties on the matter of AIR and the proposal for a Diversity Satellite Radio Consortium to be initiated as a viable, indeed the only, logical means to fulfill the interests of the companies involved and the general public.

Regards,

Malik Shakur

CEO American Independent Radio

An iClick2Media Company

cc: Chairman Genachowski

Chairman Copps

Chairman McDowell

Commissioner Clybum

Commissioner Baker

Senator Franken

If you had a ground floor opportunity to redo BET from scratch, what would you do? Guess what?

2009-07-13T23:57:00.000-07:00

Every once in a while an opportunity comes around

where there are only a few people who know what's

up and they're not well enough connected to take

advantage of something right in front of their face.

perceive this to be the case right now in minority

radio.

If I were to get the opportunity to have a radio program,

it would be called The Vector and it would be very much

like Cobb in many respects. I would direct it to the

internal Third World and point the way to the Second.

To me, the best of the Second World would be well

represented by the man who owns a small, multimillion

dollar business. It's where I'm trying to go. In some

respects, I'm not perfectly qualified to host such a show,

but in other ways I'm the perfect man for the job. But

that's not the point of this post, rather it is to draw

attention to what's going on at Sirius & XM with regard

to what appears to be a minority set-aside for satellite

radio spectrum. A cat I met last month, Malik Shakur

is in the thick of following the FCC machinations and

has an application in process for some of this spectrum.

He's determined and his website is getting little traffic.

I notice these things and I hope that to the extent people

notice me,I can direct some attention his way. It's very

difficult to be a one man crusade, especially when there

are so many people who very desperately want to achieve

the same goal. We're just not all networked.

So as I said, I'm going to get folks I know, whom I have

confidence would be excellent in the radio business to

get aware of Malik's efforts. Something important can

happen here.

http://cobb.typepad.com/cobb/