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October 10, 2007
Dennis Wharton
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NAB Response to XM/Sirius's Claim of 'Unfounded Allegations'

--"Unfounded Allegations" Have Been Disclosed by XM and Sirius--

WASHINGTON, DC – - Following NAB's request to the FCC to defer action on the proposed XM-Sirius monopoly, NAB Executive Vice President Dennis Wharton issued the following response to a Sirius-XM statement contending that "NAB's allegations are unfounded."

"There is nothing 'unfounded' about NAB's so-called 'allegations.' XM and Sirius have disclosed in public documents that they knowingly and willfully violated interference and terrestrial repeater rules. The central question now is whether XM and Sirius are rewarded for this demonstrable lack of candor with tough penalties or a government-sanctioned monopoly."

As noted in an earlier NAB news release, Sirius has admitted requesting manufacturers to produce Sirius radios that operate beyond the interference regulations set by the FCC. In Sirius's annual report (Form 10-K) filed with the Securities and Exchange Commission, the company disclosed on page 26 that "certain SIRIUS personnel requested manufacturers to produce SIRIUS radios that were not consistent with the FCC's rules." In April, Bloomberg reported that at least one-third of the 800 antennas used by XM were "placed in unapproved locations or emitted signals that were too strong."

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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


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