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Ashcroft Sells Out.

John Ashcroft, devout Christian, is apparently a man of real ethics. He isn’t about to allow a merger between Sirius and XM to happen because it would be bad for broadcasters. Of course, he says this as he was hired by the NAB (National Association of Broadcasters) to “investigate” the intended merger between Sirius and XM.

Ashcroft, who served as head of the Justice Department for four years until January 2005, was hired by the National Association of Broadcasters to examine the acquisition.

The NAB, which represents traditional radio broadcasters, has been a fierce critic of the acquisition, now worth about $4.4 billion, since it was announced last week.

In a letter sent on February 27 to his replacement as attorney general, Alberto Gonzales, Ashcroft concludes “… the proposed Sirius/XM merger, which reduces the number of competitors from two to one, raises most serious competition concerns.”

Ashcroft compared the deal to the attempted takeover by satellite provider Echostar Communications Corp. of Hughes Electronic Corp., which would have reduced the competitors in the satellite television market in many areas from three to two.

“The Department recognized that reducing competition from three to two was anticompetitive and opposed the transaction, which was eventually abandoned,” he said.

He also draws comparisons with the attempted tie-up between Echostar and DirectTV Group Inc., in which the FCC reaffirmed its rule of not granting a single commercial license for satellite TV. That deal also wasn’t allowed.

“I would submit that a thorough study of consumer demands and preferences would show that terrestrial radio stations should not be considered part of the satellite radio market for the purposes of the review of the current merger …,” said the letter.

I submit that you have no idea what the hell you’re talking about Mr. Ashcroft, and I also note that there’s no mention of the fact that if they don’t merge, it’s pretty obvious that both companies will be out of business in a few years. Despite Sirius’ growth and XM’s stable stock price, neither company is doing well. XM isn’t growing as fast as it was, and Sirius is hemorrhaging money at an alarming rate.

I guess it’s better to let both companies just rot and die than to allow them to form one company that can sustain itself.

It’s amazing how someone can contort their views depending on who their employer of the moment is. I mean, considering Ashcroft shopped his services to both the NAB and to XM, you can only imagine that had Hugh Panero hired Mr. Ashcroft, we’d be hearing how great this merger is for consumers right now.

Here’s the full text of the infomercial script letter (via Orbitcast).

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  • James
    That's the way the majority of lobbyists work, and that is why lobbyists suck! They are shills selling their services to the highest bidder. The satellite companies probably have a consulting film doing lobbying for them as well, and that company is siding with them because of the paycheck not because of their personal beliefs.

    What's strange is that lobbying actually has any effect at all as everyone knows this is the case! Maybe it is just the lobbyists that carry suitcases of money that have any effect!

    I still think bringing religion in is bad form. From here the slippery slope would be Christians can't be defense attorneys because sometimes you have to represent guilty people to get your paycheck.
  • I expect more from people who call themselves devout Christians. The fact that he shopped his services to both sides proves he has no integrity. Chalking that up to him being a lobbyist doesn't make it any better.

    Also you have to realize that he didn't just go to bat for his client. He said that he reviewed the merger and decided that it would be bad for customers. Assuming he reviewed the same merger while working for the other side, he would have to say the merger is good for customers.

    Lack of integrity. Plain and simple. He's willing to come to whatever conclusion brings a paycheck. That's not the way all lobbyists work, just the ones that have no interest in an issue other than a paycheck.
  • James
    re jeff's comments:

    YOu're exactly right. And it isn't even just sat radio vs traditional radio. It is also sat radio vs portable music. The iPod has done more to depress radio listenership than Sirius and XM I'd wager. Satellite radio has plenty of competition even with a merged XM/Sirius.
  • James
    "It’s amazing how someone can contort their views depending on who their employer of the moment is..."

    I don't see how this is a Ashcroft issue. A lobbyist is paid to shill for their client. It doesn't necessarily mean it is the personal view of the lobbyist themselves. If anything this should be a proof of why we need to get rid of lobbyists. But it shouldn't be personal. And bringing his religion into it was pretty low.

    On a related note, I am looking forward to this merger going through. I prefer XM, but have to sign of for Sirius too every football season since they have my favorite team!
  • the proposed Sirius/XM merger, which reduces the number of competitors from two to one

    But it clearly doesn't. If it did then why would the NAB care? The market is not satellite radio, it's radio. If it was only satellite radio then a group that "represents traditional radio broadcasters" wouldn't care. Maybe the merger is good, maybe it's bad, but it should be viewed in a broader context than satellite radio.
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