FCC Record, Volume 28, No. 1, Pages 1 to 975, January 2 - January 31, 2013 Page: 9
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shareholder."23 Liberty Media also states that Mr. Bergmann's comments concern issues unrelated to the
Liberty Media-Sirius XM transaction24 and that the transaction itself will serve the public interest.25 In
response, Mr. Bergmann states that he is a party in interest because he was a long time shareholder in
Sirius XM and a subscriber to the Sirius XM radio service.26
7. Regardless of whether Mr. Bergmann met the other formal requirements for filing a petition
to deny under Section 309(d)(1) of the Communications Act, we conclude that Mr. Bergmann's filings do
not contain specific allegations of fact sufficient to show that a grant of the application would be prima
facie inconsistent with the public interest.27 Moreover, Mr. Bergmann's arguments concerning the
standard for determining control do not warrant departure from the well-established Commission
approach to determining dejure control based on stock ownership. The Commission has repeatedly held
that 50 percent ownership of voting stock of a corporate entity is sufficient to confer dejure control on
the majority shareholder.28 We therefore conclude that Mr. Bergmann's comments do not warrant further
D. Public Interest Analysis
8. Pursuant to Section 310(d) of the Communications Act,29 we must determine whether the
applicants have demonstrated that the proposed transfer of control will serve the public interest,
convenience, and necessity. In making this determination, we first assess whether the proposed
transaction complies with the specific provisions of the Communications Act, other applicable statutes,
and the Commission's rules. If the proposed transaction would not violate a statute or rule, we next
consider whether it could result in public interest harms by substantially frustrating or impairing the
objectives or implementation of the Communications Act or related statutes.30 We then employ a
balancing test weighing any potential public interest harms of the proposed transaction against any
potential public interest benefits.31 The Applicants bear the burden of proving, by a preponderance of the
2 Liberty Reply at 6, citing Fox Television Stations, Memorandum Opinion and Order, 10 FCC Red 8452, 8513,
151 (1995) ("Fox Television"). See also Forbearance from Section 310(d) Regarding Non-Substantial Assignments
of Wireless Licenses and Transfers of Control Involving Telecommunications Carriers, Memorandum Opinion and
Order, 13 FCC Red 6293, 6298, 8 (1998) ("Section 310(d) Forbearance Order").
24 Liberty Reply at 5-10, observing that Mr. Bergmann posed a series of questions and conclusions throughout his
comments which do not directly relate to the Liberty Media-Sirius XM transfer of dejure control, including a
discussion of international accounting standards.
25 Liberty Reply at 10-13.
26 Bergmann Response at 1.
27 47 U.S.C. 309(d)(1).
2 Fox Television, 10 FCC Red at 8513, 151 (1995); Section 310(d) Forbearance Order, 13 FCC Rcd at 6298, 8
9 47 U.S.C. 310(d).
30 See, e.g., Applications for Consent to the Transfer Control of Licenses, XMSatellite Radio Holdings Inc.,
Transferor, to Sirius Satellite Radio Inc., Transferee, Memorandum Opinion and Order and Report and Order, 23
FCC Red 12348, 12364, 30 (2008) ("XM-Sirius Order'); News Corp. and DIRECTV Group, Inc. and Liberty
Media Corp. for Authority to Transfer Control, Memorandum Opinion and Order, 23 FCC Red 3265, 3276-77, 22
(2008) ("Liberty Media-DIRECTV Order'); SBC Comm. Inc. andAT&T Corp. Applications for Approval of
Transfer of Control, Memorandum Opinion and Order, 20 FCC Red 18290, 18300, 16(2005) ("SBC-AT&T
Order'); Verizon Comm., Inc. and MCI, Inc. Applications for Approval of Transfer of Control, Memorandum
Opinion and Order, 20 FCC Red 18433, 18443, 16 (2005) ("Verizon-MCI Order').
* See, e.g, XM-Sirius Order, 23 FCC Red at 12364, 30; Liberty Media-DIRECTV Order, 23 FCC Red at 3277,
22; SBC-AT&T Order, 20 FCC Red at 18300, 16; Verizon-MCI Order, 20 FCC Red at 18443, 16; General
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 1, Pages 1 to 975, January 2 - January 31, 2013, book, January 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc171173/m1/24/: accessed July 23, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.