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FOR IMMEDIATE RELEASE

March 30, 2007

Dennis Wharton
202-429-5350

NAB STATEMENT ON FCC's
SATELLITE RADIO MARKET DEFINITION

WASHINGTON, DC – A recent FCC analysis of satellite competition determined that the relevant market for satellite radio consists solely of XM and Sirius. The FCC relied on antitrust law and the Department of Justice Merger Guidelines in finding that other audio services such as terrestrial radio (including HD radio), iPods, and Internet radio are not competitive substitutes for XM or Sirius. Below is a statement from NAB President and CEO David K. Rehr and the full text of an article from Communications Daily covering the FCC's action.

"This FCC decision that the current duopoly of XM and Sirius do not compete with radio, iPods or any other audio sources in the satellite radio market further undermines the arguments made by XM and Sirius to obtain a government-sanctioned monopoly. While the FCC clearly intends to examine all issues surrounding the XM/Sirius merger, the hurdle the parties must overcome to convince the FCC to change direction is very high. This is a dramatic blow to XM/Sirius' presumption of a broader market, and still more evidence that XM and Sirius compete ferociously against each other in the market for nationwide multichannel mobile audio services, and no one else."

COMMUNICATIONS DAILY

WEDNESDAY, MARCH 28, 2007 VOL. 27, NO. 59

FCC DEFINES SATELLITE radio market, then steps back from definition, as text of competition report is released. (P.
7)

Competition Report

FCC Defines Satellite Radio Market As Not Including iPods

The FCC excluded other audio entertainment from a review
of competition in satellite radio. But the analysis "may not
reflect the appropriate markets to be considered" in a merger
review, the Commission said. XM and Sirius have tried to
justify their proposed merger based on competition from
iPods, HD Radio and other forms of audio entertainment (CD
March 21 p2). The satellite competition report was written
at Congress's request.

The Commission voted on the satellite competition report
at its March 22 meeting, (CD March 23 p9) but gave few
details. Democrats complained that the report didn't include
information from the merger of Intelsat and PanAmSat. The
document says data for the report was collected before the
merger closed. The report doesn't explain why it doesn't
assess the effects of the Intelsat-PanAmSat merger and SES-
New Skies mergers, though they were completed the first half
of 2006. Privatizing Intelsat has been good for the U.S.,
the FCC said, giving Intelsat the chance to develop new
services for the U.S. market.

The Satellite Industry Assn. submitted a Futron study
based on data through 2005 noting that revenue for satellite
communications services was 60% of satellite sector revenue,
up from 45% in 2000, the FCC said.

The video distribution market is offering point-to-point
capacity full time or for occasional use, the FCC said.
Variations in the market that affect the buyer-seller
relationship include whether someone contracts for full time
use or occasional use, and whether the contract is
prenegotiated, the FCC said. Satellite participants include
Intelsat, SES Americom, Loral and EchoStar, the Commission
said. Land-based video distribution is available only where
wire, coaxial or fiber is available, the FCC said:
"Satellite distribution, in contrast, is potentially
available to and from any point within the coverage area of a
satellite." -- Heather Forsgren Weaver

Reprinted with permission from 'Communications Daily.'

About NAB
The National Association of Broadcasters is a trade association that advocates on behalf of more than 8,300 free, local radio and television stations and also broadcast networks before Congress, the Federal Communications Commission and the Courts. Information about NAB can be found at www.nab.org

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