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February 10, 2009 6:06 PM PST

Report: Sirius Radio prepares bankruptcy filing

by Greg Sandoval
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Sirius XM Satellite Radio, the financially troubled radio service, is busy preparing for a possible bankruptcy filing, according to a published report.

Sirius, home of shock-jock Howard Stern, has been working with advisers on the bankruptcy documents that could be filed within days, according to The New York Times.

Sirius is staring at a significant debt crisis. According to a story that appeared on Yahoo finance, financial research firm, Moody's, "thinks there's a 'high likelihood' that Sirius will fail to repay or refinance its debt in 2009."

Sirius' debt comes due on Tuesday, according to the Times' story. The company may file for Chapter 11 bankruptcy to pressure Charles Ergen, the satellite-TV magnate who recently bought up most of Sirius' debt, to make a formal offer for the company, the Times reported.

If Ergen chooses to wait and Sirius files for bankruptcy, it might force him to obtain the company through an auction or bankruptcy court. Another alternative for Ergen is to convert his debt into an ownership stake, according to the report.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Add a Comment (Log in or register) Showing 1 of 2 pages (31 Comments)
by getwired February 10, 2009 6:45 PM PST
He may have a magnetic personality, but I think you meant magnate when referring to Ergan.
Reply to this comment
by stevenmusil February 11, 2009 1:44 AM PST
Indeed he did. Thanks for pointing out the typo.
by AndrewRich February 10, 2009 7:11 PM PST
Oh good, I'm glad the illegal monopoly-creating merger worked out so well.
Reply to this comment
by timber2005 February 10, 2009 7:26 PM PST
It's not a "monopoly" when you look at the genre as "radio".
Either way it delayed the filing by giving the two a shot at surviving.
by getwired February 10, 2009 7:36 PM PST
You and ClearChannel. They're elated too.
by jeg1943 February 11, 2009 3:56 AM PST
This what happens when you give a crazy DJ access to your corporate account ,and let him determied his pay.
by February 10, 2009 7:19 PM PST
Okay, I love my XM Radio. Where I think all this went wrong was when the two providers started throwing around money they didn't have. 100 mil for Howard Stern, Martha, that fat turd Oprah, etc...

I can guarantee that the majority of subscribers joined to listen to commercial free music, a good variety of genre and talk, and an escape from the dribble we all get for free in the car.

Name me the day either one of these companies neared profitability, good times and bad. I should know, I watched my shares in each company dwindle down to pennies.
Reply to this comment
by i_am_still_wade February 11, 2009 5:23 AM PST
I loved XM radio, past tense. Where Sirius-XM went wrong was to buy XM and destroy it. Sirius could have said "Hey, lets take the best of both worlds." But they did not. After the merger, the quality of music went in the toilet. Before the merger, no DJ's. It was bliss, nothing but music (with the occasional 5 second promo). After the merger, DJ's started talking about stuff I don't care about nor want to hear about. So I sent Sirius XM an email, an ultimatum soon after the stations merged: either the DJ's go or I do. Yesterday I made good on that ultimatum. The out-sourced call center asked if I would stay if they cut the price in half for a year. I told him no. I told Sirius that I am not paying to hear someone go on some diatribe about themselves. I don't care about those annoying DJ's nor want to care about them.

I was one of the first XM subscribers. I bought my XM radio about a month after the service launched. Sirius destroyed XM. And now I am an ex-Sirius-XM subscriber. Good riddance to bad rubbish. I joined to escape the drivel we all get free from the car; but now the drivel became part of XM except without commercials.

As angry as I am about the DJ's, another thing that made me angry was the rate hike. Anytime you pay more for the same level of service, it is a rate hike. Sirius-XM added a $2.95 monthly fee to listen to XM on-line. I swore that if Sirius-XM raised the rates, I would dump them. I swore this in the letter I sent to FCC asking them to approve this merger. I made good on my promise.

Bye bye Sirius-XM. We will be studying for years this merger on how NOT to successfully merge companies.
by mmntech February 11, 2009 7:56 AM PST
I agree with wade. I've noticed a significant drop in the quality of XM since the merger. I was upset when Beyond Jazz was replaced by spa music now I've noticed that the signal reliability seems to declining. My sat radio never used to cut out in my car, now it does. The music stations also aren't as good as they used to be. I really only keep it now for Opie & Anthony since they went off the air in Buffalo/Toronto thanks to mismanagement at Citadel, another radio mess. The $2.95 for XMRO is pretty much the final straw. Of course, this is precisely why I never bought into the contract plans. I liked the idea of sat radio but I wasn't sure it would catch on and I didn't want to get screwed if I got terrible service or the company went bust.

Sirius made a really dumb mistake buying XM and the US Congress should never have allowed it. The Canadian subsidiaries are still separate from each other and run semi-independently from the US parent, but they get all their programming from the US (besides the Canadian stations) so it's kind of like being between a rock and a hard place. I'm not sure if XM Canada is going to start charging for XMRO as well. They haven't sent me anything regarding that.
by gsmiller88 February 10, 2009 7:26 PM PST
I think Sirius missed the memo, the way to turn a profit is NOT by buying out your debt riddled competition.
Reply to this comment
by timber2005 February 10, 2009 7:28 PM PST
I wondered if something was up, seeing the notice on the Online Streaming is soon to be a requried additional charge if you want to use it (pathetic considering I already pay one subscription per sirius device and likly not using both computer and reciever at once).

I just hope they can somehow keep it together or I've got three worthless recievers and lack of decent FM choices.
Reply to this comment
by getwired February 10, 2009 7:39 PM PST
I've considered ditching Sirius because of the increase in price for a secondary unit and the charge for online listening - and the fact that they are charging more for the merged content, even though they said they wouldn't... I knew it would be more expensive after the merger - it's a shame I was right.
by pjk0 February 10, 2009 7:42 PM PST
I was under the impression that Sirius was getting closer and closer to being in the black before the merger.

As a longtime Sirius customer, all I know is that the merger so far sucks, as far as I'm concerned. Good channels were eliminated, much more blabbering on music channels instead of just music, and the audio quality degraded.

This is the final slap in the face.

As far as not being a monopoly, saying Sirius/XM is not a monopoly is like saying the old Ma Bell wasn't a monopoly because you could also communicate with two cans and a string.

Terrestrial radio doesn't compete with satellite directly, and the reason I listen to Sirius and online streaming audio (when I'm not on the road) is because I would have to rip my limbs off if I were stuck with nothing but worthless, advertising-infested, corporate-homogenized terrestrial radio to listen to.
Reply to this comment
by ramsey987 February 10, 2009 7:43 PM PST
They also raised the monthly subscription fee by $2 per radio for those on the family plan - unless you sign up for a longer term deal (yeah, right - look at the headline!) on all your radios. That's not what they told the Feds when the merger was in the works. They were to hold the pricing for three years as part of the merger deal. And to raise pricing in this economy? See ya, XM/Sirius
Reply to this comment
by stattube February 10, 2009 7:44 PM PST
They claim a combined 20 million subscribers, which is about 18 percent of US households. If they aren't profitable at the level of market penetration, how many did they honestly expect to get?
Reply to this comment
by dklimke February 10, 2009 7:47 PM PST
These last few months have really been painful at work and hearing Stern in the morning is one of the few bright points that I can still look forward to. I will remain a loyal subscriber until they pry my raido out of hands but I will be rethinking the pre-purchase of a year in order to lock in my free online listening.
Reply to this comment
by dc39 February 10, 2009 7:49 PM PST
What happens to all of us suscribers? Are we going to be out of service and out our money?
Reply to this comment
by xcal78 February 11, 2009 6:55 AM PST
You'll own a piece of history like a HD-DVD player. (Failed technology)
by globalist_agenda February 10, 2009 8:19 PM PST
He's not a shock jock, he's a dirty old man. Oh, that goes for Stern too.
0+0=0. The geniuses at Sirius, XM, and Lehmen Brothers the underwriter, assured us that two money losing companies would be combined to create one profitable company. The mostly Dem pols who backed this: Anytime you see the words diverse, diversity, and underserved in the same paragraph you know the project will fail.

"Eleven members of Congress voiced their support for the Sirius-XM merger, in a letter addressed to FCC Chairman Kevin Martin.

The letter was signed by:
Rep. Sanford Bishop (D-GA), Rep. Corrine Brown (D-FL), Rep. Yvette Clarke (D-NY), Rep. Danny Davis (D-IL), Rep. Eliot Engel (D-NY), Rep. Ralph Hall (R-TX), Rep. Alcee Hastings (D-FL), Rep. Carolyn Maloney (D-NY), Rep. Greg Meeks (D-NY), Rep. Bobby Rush (D-IL), and Rep. Edolphus Towns (D-NY).

"...the merger of Sirius and XM will create new opportunities for this type of diverse programming that has been overlooked by terrestrial-radio broadcasters. This merger will allow the companies to offer even more diverse content by consolidating programming and better utilizing capacity to offer even more unique and diverse programming to currently underserved populations."
Reply to this comment
by cerebral_but_dull February 10, 2009 8:23 PM PST
Sirius, moving to bankruptcy due to the merger and these huge payouts to celebrities, who I and most other subscribers never listen to, is a terrible shame. Why can't we expect even a tiny dab of competency from management anymore? Whoever the receiver is, they will be a thousand times better than these idiots. I just hope all management contracts including golden parachutes are voided by the bankruptcy.
Reply to this comment
by globalist_agenda February 10, 2009 9:53 PM PST
God is punishing Sirius for Howard Stern. Oh Babalon, oh Babalon, repent of thy wicked ways. Karmazin, Greenstein, and Meyer, purify your souls . Offer your listeners salvation and redemption. What profit it a man if he should gain the world but lose his soul.
Reply to this comment
by ausernamenoonehaschosen February 11, 2009 4:36 AM PST
Pandora, as well as many other internet radio servers, have apps for a couple smart phones on the market already, with more to come. Get one of these smart phones (e.g. iPhone) and use any one of those apps for free. As long as you get cell signal, you have a huge list of stations to choose from. No Stern, but you get ~90% of what Sirius/XM had to offer.
Reply to this comment
by scaught78 February 11, 2009 4:36 AM PST
Preparing for bankruptcy is a known power play. It happened once at a start up bio company I used to work at. It is sort of a negotiation tool to use against the creditors by letting them know that bankruptcy is on the table. It basically says, "Look, you can renogotiate new credit terms now or we will be forced to file for bankruptcy and then you will be dealing under the tight grip of bankruptcy laws."
Reply to this comment
by zincmann February 11, 2009 5:30 AM PST
I have been a Howard Stern Fan for years and was troubled to the fact I had to start paying to listen to him. So i did buy the Sirius Radio, and had a subscription for 2 years ++. Then I changed jobs and could not justify spending the money when I Had no way of listening to him in my office. Well I did but I wasnt about to buy more equipment. That and the fact that the ONLY reason i had Sirius was because of him and then he took long vacations and I felt blighted because here he was gone half the month and no fresh content just replays and I said enough. Now I Just download his show the day after it runs or the night after it runs for free..and I listen to his show, since I dont ever have a change of getting in on the phones why do I care if its live or not?
Reply to this comment
by umbrae February 11, 2009 6:47 AM PST
Never understood paying for radio. Maybe when you could record to MP3s off the device, but when they capped that it just seems like a waste of money. You can get Free Radio in your car and Free Radio over the internet. Why pay monthly for it?
Reply to this comment
by wyohman February 11, 2009 7:43 PM PST
Apparently you don't understand how it works. First you already pay for COMMERCIAL radio (note the word Commercial) and second, road trips. For those of use you travel, it's great to not have to listen to country music and preachers as we driver. This doesn't take into account the HUGE variety of music. Find a blues station you can listen to coast to coast (or even a blues station for that matter). Don't mock what you don't understand.

TANSTAAFL!
by Deton_Nation February 11, 2009 8:25 AM PST
I can understand paying for radio as the crap on regular radio is consistent and bad. I listen to what these regular radio stations consider funny and it makes me sick. What a bunch of bores.

Howard is funny, and Sirius has been his saviour. And to all you religious zealots, go judge yourself and put the spotlight on yourselves. Its so easy to criticize from your armchair, and when you cant even live up to your so called morals. You are the worst offending hypocrites and affect all those living in a negative way!

I have a Sirius subscription and havent noticed many negative changes after the merger. Some channel names may have changed, but the music is the same. Stop whining, and you get what you pay for...
Deton
Reply to this comment
by jachamp February 11, 2009 9:27 AM PST
I agree. I joined this to escape the same tired songs played over and over with DJ's talking about babble I couldn't care less about.

What I'm seeing now is that same old tired songs being played over and over and over again. True story...for the past week...12 out of the 14 times I've turned my car on the same song was playing on the same channel.

So I switched channels thinking that a comedy channel would be better....I heard the same comedy bit twice once on my morning drive to work and the same one on my way home.

On top of that...Maxim radio is gone and whenever I select that channel I see the words (replay) next to whomever's show it is that's supposed to be on.

This is what happens when you let business dictate entertainment. People bought into satellite radio to get away from commercial am/fm drivel and what has happened is that they've managed to get an audience to pay for the blather that's on am/fm.
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by twyrick February 11, 2009 12:04 PM PST
I never did purchase a satellite radio myself, because I always reasoned that I'd be better-served with an MP3 player and my own collection of music. No monthly fees, and I get to literally be my own DJ. Not only that, but assuming you keep MP3s encoded in a decent bit-rate, they sound far better than anything I've heard out of satellite radios. Their reception is much more like FM radio quality than "CD quality".

Personally? I think no matter what happens, *somebody* will step up to the plate and take over the satellite radio transmissions of Sirius. There's too much of an investment in the hardware floating around out there to just ignore it. (Many auto-makers finally started including Sirius radio receivers standard in new vehicles last year.) I just don't expect whatever happens will mean the listener gets an excellent choice in music or talk radio content. Since radio began, the most interesting content was broadcast by the smallest companies. The little guys with the illegal "pirate radio" stations often had the most unique music of all. Satellites are expensive to own and maintain, meaning only big companies are players in that arena ... and that virtually seals the fate of "fresh, unique and enjoyable content" coming from them. They inevitably get too interested in "metrics" - catering to the masses at the expense of originality.
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