On February 27, 2009, the Media Bureau released a Public Notice seeking comment on how a condition of the Sirius-XM merger should be implemented. In approving the Sirius-XM merger, the FCC accepted the applicants' voluntary commitment to enter into long-term leases or other agreements to provide a qualified entity or entities with rights to four percent of the full-time audio channels on the Sirius platform and four percent of the full-time channels on the XM platform. The Commission defined "qualified entity" as an entity that is majority-owned by persons who are African American, not of Hispanic origin; Asian or Pacific Islanders; American Indians or Alaskan Natives; or Hispanics. The Commission did not, however, provide all of the details necessary for implementation of this condition.
In order to establish procedures for implementing this merger condition, the FCC seeks comment on the definition of a Qualified Entity, the process for establishing eligibility, the technical and financial qualifications of lessees, the criteria for selecting among competing applications, the technical aspects of allocating capacity to lessees and other terms and conditions of service. Comments are due March 30, 2009, and reply comments are due April 14, 2009.
The Public Notice is available here.