THURSDAY JULY 24
You Can’t Be Sirius...

Could the Federal Communications Commission finally be ready to put its seal of approval on the long-beleaguered, $5 billion merger between XM and Sirius that’s been left in the lurch these past 18 months? We’ll believe it when we see it, but as of late last night, indications were good.

July 2008

The Federal Communications Commission was on the verge of approving a merger between XM and Sirius on Wednesday night, a move that would end a nearly 18-month government review of a deal that would essentially create a monopoly in satellite radio.

Deborah Taylor Tate, a Republican member of the F.C.C., appeared ready on Wednesday to vote in favor of the deal, which would break a deadlock along party lines among the other four commissioners. She would join Kevin J. Martin, the chairman, in supporting the merger, with certain conditions. Mr. Martin, a Republican, had publicly said that he was in favor of it.

On Wednesday, Jonathan S. Adelstein, a Democratic F.C.C. commissioner, voted against the merger, arguing that it was not in the public interest to let the only two companies in a particular business combine. Both XM and Sirius operate satellites that beam radio signals to subscribers, who must pay for the service; each offers a menu of stations with a much broader geographic reach than terrestrial radio.

In March, the Justice Department, which reviews deals on antitrust grounds, approved the proposed $5 billion merger. Agency officials said they did not view the deal as creating a monopoly because of the many alternatives in audio programming, like iPods and HD Radio.

The combination of Sirius and XM would create one satellite radio company with about 17 million subscribers and programming that would run the gamut from Howard Stern to Oprah Winfrey, Major League Baseball to Martha Stewart.

Although the F.C.C. made no announcement on Wednesday, Mr. Adelstein’s public comments suggested that the commission was close to approval.

“I was hoping to forge a bipartisan solution that would offer consumers more diversity in programming, better price protection, greater choices among innovative devices and real competition with digital radio,” he said in a statement. “Instead, it appears they’re going to get a monopoly with window dressing.”

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