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FCC approves XM - Sirius merger by end of July 2008

David Kuan
Comments 65
This prediction is closed and has been judged.

The FCC has voted to approve the Sirius-XM merger. According to VentureBeat, "It was a narrow 3-2 vote late Friday. Republican Commissioner Deborah Taylor Tate voted to approve the deal after the companies agreed to pay $19.7 million in fines to settle FCC rule violations such as locating towers in unapproved locations."

-- The Industry Standard

 

It has been over a year since the merger attempt was announced. It is now expected that the FCC will have a final vote fairly soon.

Sirius and XM satellite radioThe proposed merger of the nation’s two satellite radio broadcasters, bogged down in the regulatory process for over a year, has cleared a major hurdle with the Federal Communications Commission chief recommending approval of the $5 billion deal.

FCC Chairman Kevin Martin made his recommendation recently in exchange for a number of concessions, including turning 24 channels over to noncommercial and minority programming. That sets the stage for a final vote that could occur any time after Martin’s recommendation is circulated among his fellow commissioners.

The provision on noncommercial and minority programming along with several others — including a three-year price freeze for customers — persuaded Martin to support Sirius Satellite Radio Inc.’s buyout of rival XM Satellite Radio Holdings Inc. The deal would affect millions of subscribers who pay to hear music, news, sports and talk programming, largely free from advertising, in homes and vehicles.

This is a prediction that the FCC will approve the XM-Sirius merger by the end of July, 2008.

Prediction Statistics

Betting Closes:Jul 31 2008Current Consensus:88.08%Total Bets:94
Today's Change:
2.88%
Life Time High:90.89%
Life Time Low:20.59%

Comments

the fcc sucks


The FCC can go to hell and will never have my support again.


Dont worry
Sirius(SIRI) stock is going to be a $7 stock soon


Latest ... Senate and Congress wants more concessions on spectrum allocation for education/minority above what is being proposed. Looks like another round of negotiation may be in store which potentially delays the decision.


The contents of the letters from the politicians indicate little or no knowledge of the details of the concessions and restrictions already offered by the two companies. They smack of political grandstanding at a time when the senators and congressmen should be tending to the bigger problems currently facing the country...the ones they were elected to handle. The FCC should be left to do the job it was created to do.


Agree on the note about letting FCC its job. As for this prediction, it just decreased the likelihood of decision may be made soon as poiticians get involved.


Agree on the note about letting FCC its job. As for this prediction, it just decreased the likelihood of decision that decision may be made soon as poiticians get involved.


This whole thing stinks to high heaven, i have lost complete faith in our government and politicians. How in the F does it take 18 months to make a decision on anything??


The FCC has acted irresponsibly throughout the proposed merger... that is their only obvious action. Martin's recent comment (about the obvious) that the original approval prohibited the two companies becoming one was a no-brainer from the start. That he only recently stated the obvious shows a CYA mindset instead of responsible oversight. I do not feel sorry for the FCC because this is a difficult issue. If they want easy, they should try to get their baseball games, basketball games and football games on one satellite radio... oh, wait, can't be done. Ooops...


$7 soon? Based on what valuation? Hope? For all of us who sunk $3+ per share into the hype of a merger, only to be screwed by the FCC, all the talking-up of post-merger a windfall is just hype (a.k.a. h-o-p-e, and not the one in Arkansas). SIRI is a $3 stock three months AFTER the merger is finally approved. I'll admit I'm wrong if it is $7, but will everyone else when they're hanging on to SIRI at $2.70 hoping for a jump to $7 that never happens? We will see...


The likelihood of this is looking more bleak:

1) FCC wants more concession on the deal (cannot achieve majority vote)
http://siriusxmnews.com/2008/07/fcc-chairman-needs-one-more-vote-for-xm-...

2) Late requests from automakers (GM and Toyota) to remove one of the provisions relating to HD radio and satellite radios.
http://fjallfoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_doc...

3) No vote on this matter on August 1 date
http://www.topix.com/business/2008/07/martin-no-xm-sirius-vote-at-aug-1-...


Wow, David, that last link you posted seems to be a surprise death nail in this prediction's coffin.


@Eric, glad you like the finds. I also did not mention that Commissioner Tate (alledged standout in the vote) is out of country this week. My current expectation is a vote in August but not July (XM/Sirius probably needs to meet to identify additional concessions and Commissioner Tate to return and continue deliberating new updates).


Good lord, -20% in one day. I think Bradley has spoken. ;)


Incidentally, how would you guys feel about TIS wiping out the networth each quarter, and starting everyone out at an equal footing? Your ranks (experience) would stay intact, but your winnings would get reset, so as to not create uber-giants with lopsided influence. Thoughts?


I guess I'm still flabbergasted at the slow delay of this merger. The panel boasted that it is imperative to make sure the merger is in the best interests of the public; however, this delay seems to be a contradiction in regards to looking out for the public's interest. If the FCC continues to delay it appears that at least one of the Satellite companies may go out of business and affect several million subscribers and investors in this company. The DOJ as well as many other organizations; even most of the fcc panel agreed upon conditions made...now some law makers want more. Why and why now are they opposing this so strongly? I understand politicians need some "free radio" in order to further their agenda; however, haven't the companies already made reasonable concessions? Let the merger happen. This delay again for another month doesn't seem to be reasonable or prudent.


@Eric: Heck, that was a small push.

My complete trade history on this prediction:

Jul 15 2008 Bet against at 42% odds S$149,969.70
Jul 15 2008 Cash out at 49% odds S$123,288.26
Jul 01 2008 Bet in favor at 59% odds S$149,940.24

I flipped on it today/yesterday (depending on how one counts), but it wasn't a huge position. If I actually felt confident on which way this one were going to go it would be much larger. :) This is just one of the predictions that I don't have a good feel for but threw some money at anyway just to play it. And then changed my mind (unfortunately after losing some value).

I don't know that ranks are significant. Certainly I just had to go poke around to find out that I'm an "Industry Maker". And it's not clear what the criteria for the various ranks are.

Resetting to zero would help in several different ways:
* Gives everyone an equal footing to measure short- or mid-term improvement
* Removes issues with smaller ports having a significant advantage working towards prizes
* Removes issues where large ports overwhelm predictions (the aforementioned outsized influence)
* Might keep it more interesting as it gives more goals starting fresh each quarter

Downsides:
* Might heavily favor extreme risk-taking (aka lottery playing) knowing that hitting a jackpot gets a win (including potentially a monthly prize), but losing has no negative consequence as a reset will be coming shortly.
* Might reduce barrier to leaving ("Enh, I can always come back and start up again in some future quarter, no big deal")
* Doesn't account well for how invested value should be handled across a quarter boundary


@Bradley, I concur on your pros/cons on resetting networth. Well analyzed.

@Eric, the only uber-giant at IS right now is Bradley! I think the cons are more than the pros for resetting. As long as you put checks/controls in place for betting large sums in the algorithm, then it should be ok. Note that it is much harder to get significant % gains when you're an uber-giant.


Not a bad idea, but it won't happen - as mentioned, what about predictions that carry over quarters, cashing out just after a new quarter starts, etc.
One option might be to convert your cash at the end of the quarter into points, which add up each time. This will give you an overall classification (as opposed to the quarterly one). You could then have prizes for this too, or link winning an individual month to gaining considerably in this category as well.
Alternatively, just wipe the slate once a year. Simple and effective.

A couple questions, Eric:
How does the percentage change when the first bet is made? I mean, before there is a pot at all, how can a % change be calculated? Does the percentage-change the remaining bets make depend upon the size of the first bet? For instance, will betting against at 70% change the consensus equally in all predictions?
What would happen if I made the only bet, and it turns out correct? Whose money would I win? To be clear, is TIS a zero-sum game? If not, are you considering the option? That would alleviate the bias towards larger bets. You would probably have to switch from the percentage system, though.

Another idea,
Instead of (or in addition to) giving $25000 to the creator of a prediction, make his reward a fraction of the prediction's pot. This will automatically reward you for suggesting a more popular prediction.


@Shiv, this is NOT a zero sum game. How do I know that?I have made the 1st bets and seeing the different changes in odds. I have made the only bet before it is judged.

As far as I know, the algorithm is fairly complex with bet thresholds to prevent it from breakage. That said, it is highly unlikely the true nature of the algorithm will be revealed. I disagree with the conversion to points (that is a kludgy mess). I also disagree with fraction of prediction's pot (as bets are made and cashed out, the pot changes). It is not entirely impossible (although extremely unlikely) that the last action taken on a prediction is a cashout making the pot empty. We can't rely on rewarding creator of prediction based # bets either (as it can be easily gamed). In short, the current way is good and sufficient.


For an example of a zero-sum* prediction game you can look at newsfutures. Effectively reports a concensus percentage there. TIS is certainly NOT zero-sum. We have a number of predictions which either start obvious or quickly become so. I would be shocked if we haven't had a bunch where all bets came in on the same side. There can be a significant first-mover advantage to seeing a new prediction first before it's had time to shift off of 50%, given that most predictions aren't ever at 50-50 odds in the real world.

* not including a money sink for prizes and a generation for new players and "free cheese" bonus gift money to help reestablish low-level players


You all raise a lot of interesting points here. Shivs comment, "what about predictions that carry over quarters" is a really good point. But, we are also working on an "experience" system right now, and we may be able to convert networth into experience points (any D&D folks in the house?). But, again, open predictions make this a little bit tricky. So, Bradley, the current rank labels will be a thing of the past in the coming months. And, what is currently an "Industry Maker" will be given certain site authority unseen today. You will be channeling the power of Gray Skull, I can guarantee. More to come on that. Oh, and hopefully in the next two-three weeks we'll be opening up a site blog - where we'll announce new site features, and can discuss our ideas with you all there, rather than on the prediction/news comment sections, which I know you all have found to be odd.

In any case, all good food for thought. Thanks, guys.


I should mention that the experience points are a separate indicator of a player's site rank from his/her bank account. It will take a lot of different factors into play, and will essentially create uber-users, who will have more "power" over the site's content and direction. We are not planning on a pure point system to replace the current game's data.


@Eric, might I suggest using the frequency when winning bets were made relatively to losing bets. Another mechanism would be for IS members to give vote of confidence to another (either through the information provided via comments, inter-connection advices, etc). Another factor would be the suggestions posted, the for/against votes on the suggestion , etc.


@Eric, here is an example of the vote of confidence usage. In this example, it is called reputation.


I just sent this to all of the members of the FCC except for Copps. This man is too far gone. He cites documents that were drafted in 1934. Anyway I drafted this earfull after reading more bullshit regarding increased concessions demanded bt Mr. Markey after nearly 500 days of deliberation.
_______________________________________________________________________________

Mr. Markey has the balls to send Mr. Martin a letter after nearly 500 days. Doesn’t that appear odd? ANOTHER ASSHOLE POLITICIAN LOOKING TO MAKE A NAME FOR HIMSELF. HE IS COSTING THE GENERAL PUBLIC MORE THAN WHAT HE CLAIMS HE IS TRYING TO CURB.

THIS MAN IS ILINFORMED AND ANOTHER SELF SERVING POLITICIAN AS IS BECOMING THE NORM. RINGS A BELL.

Edward Markey - You don’t deserve being acknowledged with a title - YOU SELF SERVING BASTARD - WHERE THE FUCK WERE TOU SINCE Feb 2007? Just one of the good old boys now when you see an opening to get some notoriety.

It appears that most of the politicians that are voicing their objection to the mergers have had their heads up either their own ass or someone else’s. You all should be investigated on the likelihood of collusion and wrongful ethics. The SEC as of yesterday has finally announced that they will investigate the short sellers and naked traders. It’s about time. Didn’t they see the light when Sedona Corp out of King of Prussia nearly went under due to naked trading and had to cut their. Staff CUT from 98 to 16. Of course not they are just a small fry compare to LEH. It’s apparent that the don’t matter, or the dozens of other companies that were ignored and allowed to be raped. These press conferences are a joke. They can’t or don’t ask the questions that need to be answered. Do you want me to cite a dozen cases where they previous should have? Why are you assholes so concerned in saving free radio as you call it? I refer to it as terrestrial radio and a piece of crap for a quality product. Like the old saying goes good help ain't cheap and cheap help ain't good. I am not going to waste any more of my time with another dimwit politician like you. However, I will ask you one and only one question. Where have you publicly voiced you opinion on this merger prior to this recent act of dementia. Do us all a favor and call it a career. It is obvious that you aren't capable of formulating a logical thought process anymore. It's amazing that I have crossed paths with so many day to day working people who have a better grasp on reality than you jackasses. You are scum and after reading the book "NOT FIT TO COMMAND", so is that horseshit of a Senator Kerry. That son of a bitch attempted to portray himself as a war hero. He is a disgrace to every man and women who wore the uniform. I my self served for 26 years and would love the opportunity to tell him to his face in front of a large audience on how much of a disgrace he is to the ones who gave their life for family and country. Shame on him and you and others like you as well. I will blog you to death and let others aware of your tainted position. Oh by the way where did you get 6 years, did you pull that out of your ass where you found your head? Also let terrestrial foot their bill for quality content. Since ever they have penny pinched their budgets and provided us an inferior product. I didn’t even resort to using the word SHIT.

Here’s the rest of your bullshit as written:

But in a letter to Martin on Tuesday, Market said the agency should require that all new satellite radio receivers be built with technology enabling them to also receive high-definition terrestrial radio signals.
Markey also said the FCC should extend the price caps to six years and increase the number of channel set-asides.
"Only through such a mandate will the commission adequately ensure that competition in digital radio services is as robust as possible and that free, over-the-air radio remains a vibrant marketplace alternative for consumers well into the future," Markey wrote.

Why don’t we ask of every company to support their competitors? Let’ ask the oil companies, gas companies, and coal companies to spend money in each others industry. Get real. You are a buffoon. Let the market place decide if it wants free radio as t has been shoved up our asses forever or give them a choice to pay for quality content. This is America isn’t it? By the time you and others like you are finished we won’t even recognize the old girl. Also who the fuck are you to give any part of my wealth to every Tom, Dick and Harry opportunist who wants a part of the pie when they haven’t put any skin into the game. The used to shoot folks like you in olden days. You must be high on medication.
I see that you are a big wig in telecommunications. I also have dabbed in the same for 32 years. How I would like to match my prowess in this field with you and show everyone out there in blog land how much you really have a grasp in this field of expertise.

THE PUBLIC IS GETTING SCREWED BY CHOKING THE LIFE OUT OF THIS MERGER. THE END PRODUCT WILL GET COMPROMISED AND NEVER BE WHAT IT COULD HAVE BEEN. YOU FOLKS REALLY SHAFTED US AGAIN.
The only place where truth is brought forth is town meetings and I have read where the FCC screwed that up as well.

DOES ANYONE HAVE THE INTEGRITY TO REPLY OR BETTER YET JUST DO RIGHT THING. WASHINTON IS LOSING THE TRUST OF ITS PEOPLE AND WHY NOT REVOLT; WE ALL SEEM TO THINK IT WAS OK IN 1776. AS UNLIKELY IT WILL EVER HAPPEN, THERE WILL BE STINGING PROTEST FROM THE PEOPLE IF WE DON’T WISE UP. IT’S SINFUL.

IF ONE PERSON STOOD UP AND FACED ALL THE POLITCAL BULLSHIT, HE OR SHE WOULD BE EMBRACED BY THE PEOPLE. THEY WOULD SPEND COUNTLESS HOURS JUST TO BE PART OF IT.


Another thing I think should be changed is the initial consensus of a newly created prediction. Currently, there is a huge advantage to the first mover, since very few predictions have their equilibrium at 50%. When a suggestion is created, you are stuck with "Suggested Odds 50.00%" Predictions should be able to start off with any percentage multiple of 10 i.e. 30%, 80% etc. This could either be set by the suggester, TIS editors, or an average of their percentages.


@Shiv, that is a good suggestion. I second that.


One way to go about the quarterly game, which solves some problems:
Don't delete people's portfolios at the end of the quarter, but close it to new investors. Make this run alongside a No-end game, like on investopedia - simulator.investopedia.com/home.aspx
What do you think?


@Shiv, we have that capability (regarding the ability to create a custom starting price/%), but before we launched the site we pulled it down because we feared it would be way too subjective. Some might post a "sure thing" suggestion at 100%, thus making it nearly worthless. It's a little tricky.


I don't think that should be an issue. If somebody posts a 'sure thing,' it doesn't make an awfully good prediction, does it? Anyway, you could avoid such problems by making an IS editor set the percentage. If he feels that it should be 99%, then the suggestion shouldn't be accepted.


@Eric: A couple of the captions on things indicated that you had a way of setting the starting percentage. I assumed it was an idea that hadn't been implemented rather than one that had been disabled.

It would be good to have the suggester offer up a proposed starting point. The comments during that phase could indicate where the rest of the community feels it should be set. Then the editor who actually turns it into a real prediction could use that as input when setting the inital value. Perhaps be conservative (closer to 50%) to start and then, as editors gain experience, start shifting more predictions to inital values further from the mid-point.

At worst it should be at least as good as what we have now (inital values always set to 50%) and should get better as we all get used to the added functionality.

Really it's unlikely that we should have any prediction start with a value outside of ~30-70%. If it's known to be beyond that to start it's unlikely to be a fun prediction to play in any case.

As Shiv points out, "Sure things" shouldn't be made into predictions in any case (read the recent suggestions -- there's one there that GOOG passes MSFT in revenue in the next two years for an example). One place where a "sure thing" might be worth having is as an experiment. What is the time value of S$? Set a prediction that is guaranteed to close at S$100 on date X. How far out is it worth locking up portfolio value on a guaranteed payout?


An unexpected turn of event ... all eyes had been on Commissioner Tate to provide the deciding vote. It was expected that Commissioner Adelstein will vote against the merger. Today, Commissioner Adelstein indicated he will vote for the merger given additional conditions (which are negotiable) are met.

http://www.breitbart.com/article.php?id=D9207FMO1&show_article=1
http://www.broadcastingcable.com/article/CA6580020.html
http://siriusbuzz.com/adelstein-says-there-is-wiggle-room.php


Latest ... Democratic Federal Communications Commission commissioner Michael Copps on Monday voted against a proposed merger of XM Satellite Radio and Sirius. Although this was fairly expected, it puts additional pressure of commissioners Adelstein and Tate to cast their vote.

http://www.marketwatch.com/news/story/fcc-member-votes-against-xm-sirius...
http://www.alleyinsider.com/2008/7/xm-q2-in-line-still-waiting-on-fcc
http://www.forbes.com/topstories/feeds/reuters/2008/07/22/2008-07-22T210...


Now WSJ is reporting that a tentative deal has been reached to approve the merger. According to the report, Tate will give her blessing to the union upon the implementation of certain enforcement actions and a $20 million fine combined between the two companies (yet I can't find confirmation anywhere that this is 100% a done deal). Anyone?


@Eric, the news article indicates a tentative approval (that means Tate indicated her conditions for her to approve deal and XM/Sirius has agreed to the terms).All that is left is the formality of having it all done on paper. I believe that in the spirit of the prediction, the criteria has been sufficiently met with a 3-2 for approval of the deal with a few days to spare.


I agree with you, David. We're just waiting for a short while, just to be totally sure. Imagine if I flip this today, and a new report comes out that says she changed her mind? Trying to fix that would be painful from our side.


Just to clarify, are we waiting for the deal to change from 'tentative' to official? If yes, does that have to happen before August, or is it okay if the confirmation comes out after July. I mean, though the deal may have been made already, what if official word comes out next month?


In a case like that, we would have to decide how to flip it based on the knowledge that we have available to us at that time, which would likely be a favorable judgment. However, since it isn't 100% official, the word "tentative" by itself leaves the door open for doubt. And, since we technically have 6 days to go, I'd rather stay cautious and optimistic than be hasty. I've been burned before by making a quick judgment when I could have waited, and the repercussions can get ugly.


And, off-topic, I'd really rather get some sort of info on the Hulu prediction, frankly. :s


@Eric, I don't mind the wait but my networth is "suffering" :) Guess I am pulling a "Railsback" here but I don't want to lose my shirt! I am not as concern "yet" since XM/Sirius has agreed to pay the $20M and "I think it's fair to say an agreement in principle has been reached," FCC Chairman Kevin Martin was quoted by the Wall Street Journal as saying.

Unfortunately, I am also waiting for the Hulu judgement. All in all, I am now over 100% vested in predictions and have no spare $ to make additional bets (unless additional suggestion are accepted as prediction).

BTW, what are the rules on margin bets (i.e. betting over the available cash)?


@Eric: I'm unclear on what you're saying. The next FCC meeting is scheduled to take place August 1st. If there's an agreement in place now (probable, but not officially announced) to vote next month in favor, does this close favorably on unfavorably? Does it make a difference if there is no official announcement between now and then end of the month (indeed, in that case there likely would NEVER be official confirmation that the deal had been struck in July).

I'm not sure how, absent specific, official, confirmation in the next six days this approval can be said to have happened in time to fulfill the prediction requirements. Especially if the vote doesn't actually take place until next month.


"Pull a Railsback"! =)

I think this one is pretty clear, it says "This is a prediction that the FCC will approve the XM-Sirius merger by the end of July, 2008." Approval would mean that it's an official FCC decision (ie an official approval vote, where all conditions have been met) and not simply that these commissioners announcing how they will vote to the public.

There will be an official FCC announcement once it has been approved, and this prediction is all about whether that happens in July. Since the next FCC meeting is on August 1st, as Bradley states, I'm sticking with my modest Against bet and watching what happens.

From Forbes:
"Talks at the FCC have intensified over the last week, with Martin indicating he would be open to modifying the terms to win the support of other commissioners. Martin has said he hoped the commissioners would be ready to vote on the deal by the time the agency holds its next meeting Aug. 1."


Bradley and Kevin have a point - "Approval would mean that it's an official FCC decision", which will only happen next month. What say you, Eric?


I beg to differ. FCC votes can me made prior to formal announcement of the decision with all the paperwork and language set within. The prediction merely states an approval by FCC which implies a majority agreement/vote. These agreements/votes are/will be reported by mainstream media and should be accepted for judgement use.


Look guys, I'm only trying to stick to the letter of this prediction's rules. You've all been real sticklers for these types of details in the past, so I'm not fully clear on why you'd want me to "bend" them this time around. David used phrases like "final vote" in his text. Are we to ignore that now that we have a "tentative" agreement? Just asking.


If I were to move the closing date to August 1 (which is tempting) I would break the original intent of this prediction in my view. And, Kevin would kill me. :P


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