Shurtleff Among AGs Asking FCC To Regulate Satellite Radio Merger

Mar 31, 2008 by Eric Ray

(KCPW News) The decision by the Department of Justice Antitrust Division to allow Sirius Satellite Radio to merge with XM, its only competitor, has many state Attorneys General across the country up in arms - including Utah's Mark Shurtleff.

"The Department of Justice would basically say that they don't think the proposed merger of XM and Sirius is likely to lessen competition, create anticompetitive effects or violate antitrust laws," says Shurtleff. "My biggest concern is how can it not be a monopoly when there will be a single company controlling access to all nationally available satellite radio."

In a letter sent to Federal Communications Commission Chairman Kevin Martin last week, the Attorneys General are asking the FCC to impose some terms on the transaction that may allow a new competitor to enter the market. Those include the divestiture of broadcasting spectrum, making interoperable receivers available, and a la carte pricing on certain satellite programs.

The Department of Justice decided that questions of competition are alleviated by the development of new technologies that will offer alternatives to satellite radio, such as the streaming of Internet radio to wireless devices. Shurtleff says that's the wrong way to look at things.

"To say that something in the future might come in a way that would provide additional competition I don't think is appropriates," says Shurtleff. "We want them to look at what's available now, and the bottom line is once this merger goes through there will be no competition when it comes to satellite radio."

Last month, the satellite companies announced the merger in an all-stock deal. The merger is expected to make Sirius Satellite Radio worth about $13 billion dollars. Last year, the companies combined to lose over $1 billion dollars.

1. Old Ga. Dawg said:

I, personally - am glad the merger is over and has been approved. If it means that I will have to purchase another receiver? Then I guess I will. I've enjoyed Sirius for a long time [years] and will do so in years to come. At $16.00 a month which includes listening to Sirius via the INTERNET in premium sound... Is worth it...

2. CHris Johnston said:

White Collar Fraud: The Mark Shurtleff TapesSomehow I missed this comment on the Utah Amicus. The original post was a response to AG Mark Shurtleff's defense of his pay-day loan/Bahama's vacation funders. Sam E. Antar left this information in the comments:

Recently Utah Attorney General Mark Shurtleff colluded with a campaign contributor Overstock.com and its CEO Patrick Byrne to defame me.

Overstock.com is under investigation by the Securities and Exchange Commission and Patrick Byrne is the admitted target of the SEC probe.

My blog has detailed many accounting irregularities, false and misleading statements, and violations of law by Overstock.com and Patrick Byrne.

I suggest that that you read the following posts on my blog with regards to Utah Attorney General Mark Shurtleff:

Utah Attorney General Mark Shurtleff Panders to Campaign Contributor Overstock.com & CEO Patrick Byrne and Defames Critic

Link here:http://whitecollarfraud.blogspot.com/2007/11/utah-attorney-general-mark-shurtleff.html

Utah Attorney General Mark Shurtleff Caught Lying on Behalf of Overstock.com and Patrick Byrne (Note: Listen to the taped conversation with Richard Hamp and I have other taped conversations with Kirk Torgensen and Hamp not yet published)

Link here:http://whitecollarfraud.blogspot.com/2007/11/utah-attoney-general-mark-shurtleff.html

Open Letter to Utah Attorney General Mark Shurtleff Re: Your lies on behalf of campaign contributor Overstock.com

Link here:http://whitecollarfraud.blogspot.com/2007/12/open-letter-to-utah-attorney-general.html

As I wrote in my blog:

“Utah Attorney General Mark Shurtleff's deliberate efforts to defame me on behalf of Overstock.com and its CEO Patrick Byrne have placed a dark cloud on his ethics and integrity as the chief legal officer of the state of Utah…. A legitimate question can be raised as to whether the Chief Legal Officer of the state of Utah by publicly taking the side of Overstock.com after taking their campaign contributions has become a facilitator of the company and has involved himself in the commission of a securities fraud.”

Respectfully,

Sam E. Antar (former Crazy Eddie CFO and a convicted felon)

http://thesidetrack.blogspot.com/2008/02/white-collar-fraud-mark-shurtleff-on.html

3. Chris Johnston said:

Don't believe all these Attorney Generals are looking out for the public:

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BUSTED (sorta): Wisconsin AG ex-boss has ties to terrestrial 39 comments Wednesday, September 19, 2007 at 2:32 PM Tags: Busted, Merger Looks like Wisconsin Attorney General JB Van Hollen - who urged the DOJ to oppose the Sirius-XM mergerSiriusly-Speaking May-07 - might have been returning a favor to his former boss, Former Wisconsin Governor Tommy Thompson.

See, the Four Term Governor of Wisconsin Tommy Thompson just happens to be the Chairman of the Board for Armada Media Corporation, a terrestrial radio company which has closed on the acquisition of eighteen radio stations in Aberdeen, SD and Marinette, WI / Menominee, MI, and McCook, NE.

A quick look at the Wisconsin AG's biography reveals that Van Hollen's father served as Governor Tommy Thompson's first Northern Representative.

Then in 1993 Governor Tommy Thompson appointed Van Hollen to the position of District Attorney in Ashland County. Nearly six years later, Van Hollen was appointed to serve as Bayfield County District Attorney, again by Gov. Tommy Thompson, and was later elected to the position.

Tommy Thompson also publicly endorsed J.B. Van Hollen - not to mention helped in fundraising efforts - in his run for Attorney General last year.

There's some additional ties between Van Hollen, Tommy Thompson and another individual: Nick Hurtgen. Not only was Van Hollen seen with Hurtgen, but Phil Prange (Van Hollen's campaign manager) apparently was close friends with Hurtgen.

But who is Nick Hurtgen? Well, he's not only a former owner of Armada Media (having had 12.5% of the company, before being cut from its ranks), but was also charges with seven counts of extortion and mail & wire fraud charges (later dismissed by a federal judge). Hurtgen is also a good friend of - not to mention a former aide of - (you guessed it) former Governor Tommy Thompson.

Good Ol' Boys Club anyone?

Obviously it's not hard evidence of a conflict of interest, not like Wisconsin Senator Herb Kohl... but, if it walks like a duck.

4. Sam E. Antar said:

In the weeks prior to my fraud presentation, Overstock.com attempted to have Attorney General Shurtleff's office cancel my appearance. After that, on October 30, 2007, Overstock.com gave a campaign contribution to Utah Attorney General Mark Shurtleff. On October 31, 2007, I gave a fraud presentation (free of charge) at the Utah Attorney General's 14th annual white collar crime conference. On November 8, 2007, Utah Attorney General Mark Shurtleff wrote his open letter to Overstock.com that contained deliberate lies.

At the appropriate time I will release documentary information backing the fact that Overstock.com bribed Utah Attorney General Mark Shurtleff to issue a letter defaming me.

Utah law:

UCA 76-9-404. Criminal defamation.

(1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.

(2) Criminal defamation is a class B misdemeanor.

With respect,