Case 11 Teaching Note Sirius XM Satellie Radio Inc. in 2014
437
impacted by the increasing mix of subprime buyers and leases, both of which are at all-time highs as a
portion of new vehicle sales.
Self-pay churn for our overall business remained very solid at 1.9%. I am very satisfied with this level of
performance.
The business produced total revenue of close to $1.1 billion in the third quarter, up 10% from $962 million
in the third quarter of last year. By tightly managing our cash operating expenses to just 1.5% growth versus
last year’s third quarter, adjusted EBITDA came in at $381 million, up 29% from $296 million a year ago.
This represented a margin of about 36%, up a truly astounding 530 basis points from 30.7% in last year’s
third quarter.
Free cash flow for the quarter was $267 million, the highest amount we’ve ever recorded in a third quarter.
So far this year, we’ve delivered $825 million of free cash flow, which is an increase of 32%. On a per share
basis, our free cash flow is increasing even faster, about 37% from $0.097 last year to $0.133 so far this year.
The lifeblood of our radio business is our content, and it’s fundamentally why we have all of our subscribers.
We’ve added a number of great new channels, new hosts and new shows this quarter. We’ve bolstered our
music offering with 3 new music channels for dance, women’s pop and country audiences. We’ve just finished
the month-long special channel featuring Barbra Streisand’s music as the iconic star debuted a new album
at #1 and appeared in our exclusive Town Hall series. We’ve added the inspirational Joel Osteen Radio as a
full-time channel and launched the TODAY Show Radio, giving our subscribers access to live audio feeds of
TODAY from both coasts. We’ve added a full-time Bleacher Radio—Bleacher Report Radio channel; a new
daily show on Mad Dog Sports Radio with Stephen A. Smith, the popular sport media personality; and added
a show by Hall of Fame Golfer Freddie Couples to the growing lineup of our PGA TOUR Radio.
Working with YouTube, we’ve created YouTube 15, an exclusive weekly countdown show that uses their
trending data to showcase the newest music emerging online.
In November 2014, it appeared increasingly likely that Sirius XM (and other broadcasters of digital music) might
be liable for damages for not paying royalties on pre-1972 sound recordings. Three courts had ruled against
payments. The disputes related in part to a federal law crafted in 1995 and to the interpretation of state laws in
California and New York. One of the judges noted the following
works “by means of a digital audio transmission.”…. By establishing a “new digital performance right [that]
applies to digital audio transmission … [but] not to traditional broadcasts and most other free transmissions,”
Sirius is correct that this holding is unprecedented (aside from the companion California case, which reached
the same result), and will have significant economic consequences. Radio broadcasters—terrestrial and
satellite—have adapted to an environment in which they do not pay royalties for broadcasting pre-1972 sound
recordings. Flo and Eddie’s suit threatens to upset those settled expectations. Other broadcasters, including
those who publicly perform media other than sound recordings, will undoubtedly be sued in follow-on
actions, exposing them to significant liability. And if different states adopt varying regulatory schemes for
on a state-by-state basis (admittedly, an unlikely result, since such behavior could well cause broadcaster to
lose interest in playing their recordings) it could upend the analog and digital broadcasting industries.
Should Sirius lose these cases relating to the royalty rights for pre-1972 sound recordings, it would very likely
incur a one time charge of unknown amount (to cover past infractions) and, going forward, have to pay royalties
to broadcast pre-1972 recordings. Quite possibly, Sirius would be able to recover some/all of the ongoing
increased royalties by increasing the Music Royalty Fee that it was separately charging its subscribers (this fee
was a surcharge on top of the regular subscription price a customer paid).
For the very latest information on developments at Sirius XM, we urge that you check the press releases and the
investor relations sections at www.siriusxm.com.