Press Release

FOR IMMEDIATE RELEASE
July 23, 2008

Contact:
Jennifer Kohl
202.225.4289 or 202.225.4025
Trudy Perkins
410.685.9199 or 202.225.4641

Washington, DC— Today, Congressman Elijah E. Cummings (D-Md.), former Chairman of the Congressional Black Caucus, sent the following letter to Kevin Martin, Chairman of the Federal Communications Commission (FCC), in response to the recent proposal by FCC Commissioner Jonathan Adelstein requiring Sirius-XM to lease 15 percent of their satellite capacity to diversity programming:
 
 
July 23, 2008
 
The Honorable Kevin Martin
Chairman
Federal Communications Commission
445 12th Street SW
Washington, D.C. 20554
 
Dear Chairman Martin:
 
This letter is to follow up on my correspondence dated May 15, 2008, regarding the proposed merger of Sirius Satellite Radio, Inc. and XM Satellite Radio Holdings, Inc., that is being considered by the Commission. I appreciate your time and consideration.
 
I opposed the Sirius-XM merger due to my concerns that the newly formed company would control over 25 MHz – enough to transmit over 300 channels of radio and some video into every local market in the country. This would be an unprecedented amount of spectrumin the hands of a single company – more than the entire spectrum allocated to FM and AM radio combined. However, I also recognize thatshould the merger be approvedit will provide a real opportunity for minority ownership and participation in the satellite marketplace. That is why I support the conditions that Commissioner Jonathan Adelstein recently proposed to you and the other Commissioners regarding dedicating 15 percent of the spectrum to diversity programming. 
 
While I believe the allocation of 20 percent of spectrum to diversity programming to be a stronger commitment, Commissioner Adelstein’s proposal of 15 percent is a giant step toward opening the doors of opportunity for minority-owned businesses that have historically struggled to compete in this industry. Further, I feel it is extremely important that this requirement be negotiated, ratified and approved by the Commission prior to approval of the merger. This percentage of channel capacity would clearly assure the public, and more specifically our minority population, of viable minority media ownership and diverse programming. 
 
I commend Commissioner Adelstein for his willingness to work with you and his fellow Commissioners to bring forth a plan that is clearly in the best interest of consumers. Should you have any questions, please feel free to contact me or my Legislative Director, Ms. Nikki Jones at 202-225-4741.
 
Sincerely,
 
Elijah E. Cummings
Member of Congress