Nine months ago, a Bahamian company directed by one of the U.K.’s wealthiest individuals and behind Great Britain’s Global radio empire revealed in a filing with the U.S. Securities and Exchange Commission that it had acquired enough iHeartMedia shares to give it a 8.7% voting interest in America’s biggest audio content creation and distribution company.
Global Media & Entertainment Investments Ltd (GMEI) wanted a bigger non-controlling stake in iHeart — one that could expand to 49.99%, if it chose to. But, iHeart didn’t want this, sparking a transcontinental tiff between the two radio industry giants.
On November 3, GMEI, through its U.S. legal counsel, abruptly ceased its fight for a bigger iHeart stake.
In a short, one-page “Letter of Support” for a pending Petition for Declaratory Ruling of iHeartMedia in what is officially known at the Commission as Media Bureau Docket No. 21-141, Matthew DelNero, the Covington legal counsel for GMEI, updated the record — in his words — on GMEI’s position in the matter.
“Specifically, GMEI expresses its support for iHeart’s Petition, including the proposal that
approval be granted for GMEI and the GMEI Reporting Persons to increase their investment in iHeart up to any non-controlling amount not to exceed 14.99 percent,” DelNero wrote in the letter addressed to FCC Secretary Marlene Dortch.
With that statement, GMEI formally withdrew its request that the Commission grant advance approval of 49.99% non-controlling interest in iHeart, a request that came in response to iHeart’s petition.
In addition to the letter to Dortch, DelNero verbally told Audio Division Chief Al Shuldiner of Global’s change of heart.
What prompted Global to make the change? RBR+TVBR reached out to DelNero on Monday morning. He was not immediately available for a response.
On April 9, the FCC established a formal pleading cycle that sought public comment on iHeartMedia‘s request to win Commission approval for greater foreign ownership and non-U.S. investment. Covington attorney DelNero, on behalf of GMEI, chimed in by calling the iHeart Petition for Declaratory Ruling at the center of the pleading cycle as a “poison pill.”
In early June, a pull-and-tug scenario was unfolding as to who could chime in on what level of advance approval a foreign entity may be granted. In iHeart’s view, it was the sole determination of the FCC to make such a determination. GMEI disagreed, also disputing iHeart’s claim that it was the only party that holds standing on the matter.
This put the companies at odds over just how much ownership GMEI could have in iHeart under “pre-permission” of the FCC. For iHeart, a 14.99% limit was put in play. GMEI wanted that 49.99% advanced OK.
Back in June, GMEI assailed that iHeart’s chosen number of 14.99%—just like its earlier chosen number of 9.99%— was ”arbitrary and commercially motivated.”
It appears that viewpoint has shifted within GMEI.
GMEI has over the years bankrolled Global Radio, the entity that controls U.K. broadcast and DAB brands including LBC, Heart, Capital FM, LBC, Radio X and Classic FM. It is led by Michael Tabor, one of the wealthiest individuals in Britain. His son, Ashley Tabor-King, is the founder of Global.