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STATEMENT OF
CHAIRMAN KEVIN J. MARTIN
Re: Sirius Satellite Radio Inc.
Re: XM Radio, Inc.
The Commission has longstanding technical rules regarding the marketing of
equipment, including FM modulators, and the construction and operation of
terrestrial repeaters pursuant to Special Temporary Authority. These rules
serve important consumer protection and competitive goals. As I have said
before, the Commission takes a licensee's obligation to comply with our
rules very seriously and will not tolerate non-compliance.
In order to resolve the Commission's investigation into whether these
license holders were violating the Commission's technical requirements
regarding FM modulators, as well as our rules regarding the construction
and operation of terrestrial repeaters, the two companies have agreed to
undertake significant corrective actions and implement various reforms to
ensure future compliance with the Commission's rules. They also have
agreed to make significant contributions to the U.S. Treasury totaling
nearly $19.6 million.
In reaching a conclusion to these investigations, the apparently
intentional nature of some of the violations was troubling. Indeed, the
ability and willingness to conform one's conduct to the requirements of
the Commission's rules are central to the qualifications of any Commission
licensee. On balance, however, the public's interest in the continued
availability and viability of satellite radio services and the impact on
the public and other licensees that the violations precipitated, taken
together with the rigorous oversight and reporting obligations and
substantial voluntary contribution, persuade me that settlement of these
matters would best serve the public interest.
Through this strong enforcement action that we take today, the Commission
has provided clear guidance to the licensees that we expect them to
conform their conduct to the Commission's rules and sends a strong message
that we will not tolerate non-compliance.