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.
Wednesday, October 20, 2010
The Update on the 24 Channels offered by Sirius XM
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
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
Friday, October 15, 2010
Request to Speak to the United States Senate Committee on Commerce, Science, and Transportation
-------- 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
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
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
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
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
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
Thursday, October 7, 2010
Social Bookmarking for Business: Part 4
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.
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.
Wednesday, October 6, 2010
Social Bookmarking for Business:
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.
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.
Tuesday, October 5, 2010
Social Bookmarking for Business:
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.
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.
Monday, October 4, 2010
How to Use Social Bookmarking for Business:
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."
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."
Friday, October 1, 2010
Start-Ups 2010: Finding an Audience Online.
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.
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.
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