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June 15, 2008 10:00 PM PDT

FCC chief expected to back Sirius-XM merger

by Steven Musil
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The chairman of the Federal Communications Commission is expected to support the $5 billion merger of Sirius Satellite Radio and XM Satellite Radio, according to published reports.

FCC Chairman Kevin Martin's approval comes in exchange for concessions that include a three-year freeze on subscription prices and the turning over of 24 channels to noncommercial and minority programming, the Associated Press reported. Martin is expected to issue his recommendation as early as this week that the FCC should approve the merger.

"As I have indicated before, this is an unusual situation," Martin said in a statement. "I am recommending that with the voluntary commitments (Sirius and XM) have offered, on balance, this transaction would be in the public interest."

However, merger approval hinges on the approval of at least two of the four remaining commissioners, who have largely kept their opinions on the matter private.

The FCC is the final regulatory hurdle the companies need to move the merger forward. The deal, which was valued at $13 billion in February 2007 when it was announced, was approved by XM and Sirius shareholders last December.

Martin had indicated at the end of March that the agency was inching closer to a decision on whether the deal passes muster.

While the proposed merger sailed through a U.S. Department of Justice review without conditions, key congressional Democrats had urged the FCC to impose limits designed to protect consumers.

Steven Musil is the night news editor at CNET News. Before joining CNET News in 2000, Steven spent 10 years at various Bay Area newspapers. E-mail Steven.
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by gsmiller88 June 15, 2008 11:02 PM PDT
How can this NOT be considered a monopoly?!
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by tprevett June 16, 2008 2:45 AM PDT
This is not a monopoly. Ever hear of the radio, or an Ipod.. these are all called competitors in the market. This is not the same as the attempted merger of Dish network and DirectTV. There is noplace in this country where you can not listen to the radio, however there is still 40% of the country which can not receive cable TV. In these markets where you can not receive Cabletv, Satellite TV would be considered a monopoly, The only competitors in these markets are Dish and DirectTV.
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by bschmidt25 June 16, 2008 7:46 AM PDT
Correct. Also, this isn't a product that people can't live without. I'm more concerned with the FCC letting wireless carriers constantly merge. IIRC, XM and Sirius only have 15M subscribers combined. If the FCC really does make them offer lower cost packages and ones that include programming from both providers for less than you would pay for service from both, I think it's a win for consumers.
by DouglasBubbletrousers June 16, 2008 3:36 AM PDT
A monopoly, are you kidding me? Sat rad comprises like 1% of the radio market, if that. Its a pay service, you dont have to have it. There are FREE alternatives. Exxon/Mobile merger was approved within months, yet this has dragged out over a year.

The minority thing is just ridiculous. Do they REQUIRE every merger to provide 1/4 of their services FREE to minorities? Oil/gas affects everyone, merger went through without a hitch. Sat rad affects practically nobody and its still awaiting approval.
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by ibeetle June 16, 2008 3:36 AM PDT
The statement about a 3 year price freeze and ensuring at least 24 commercial free music channels shows to me that Sirius/XM had/has every intention of reducing, or completely abolishing the commercial free music channels, and raising rates.
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by michael_o June 16, 2008 5:18 AM PDT
Why don't they just force the merged company to sell off the broadcast block of one or the other of the former companies within a few years? That'd alleviate any monopoly concerns, and open the path for multiple broadcasters to compete in the satellite radio space. Assuming they're sincere in saying that they're not trying to gain the benefits of a monopoly the merged company should be eager for that since it'd supply essentially free cash.
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by CMGeorge June 16, 2008 5:39 AM PDT
ibeetle, "noncommercial" is not the same thing as "commercial free." What they are referring to is stuff like educational and public affairs programming, anything not specifically designed around commercial (a.k.a. money-making) interests. For example, imagine a C-SPAN type channel on the radio. They had already committed to maintaining current service levels at the same or lower pricing, way back before the FTC (not FCC) looked at the merger.
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by ibeetle June 16, 2008 8:19 AM PDT
and yet Wired is reporting that Sirius CEO Mel Karmazin has ...pledged that the combined company will offer pricing plans ranging from $6.99 per month for 50 channels offered by one service, up to $16.99 a month...

The artical goes on to carry quotes from Karmazin that new features and some exsting funtions will require new hardware to be purchased by users.

$16.99 a month? That would be a increase of over $7.00 for XM subscribers.

New hardware purchases? Tired radio service that will nearly double the price of existing service? Karmazin has gone on record in the Washington Post, the USA Today and now Wired as promising these things.
by ptkdude--2008 June 16, 2008 9:43 AM PDT
So this is 12 channels each that must be used for non-commercial or minority programming. SIRIUS already has at least 3 that would fall into this category: 106 - Foxxhole, 109 - OutQ and 183 - Korean-language programming. I'm curious to know if the Spanish-language channels, French-language channels, the Catholic channel, etc would count as well.
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by ptkdude--2008 June 16, 2008 10:44 AM PDT
RE: Sirius-XM being a monopoly... the product is AUDIO ENTERTAINMENT. Satellite transmission is just the delivery method. Think of Netflix versus your local video store. They are competitors because they provide the same service; only the delivery method is different.
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by benjaminstraight August 3, 2008 2:22 PM PDT
Wouldn't this be a monopoly because they are the only two satellite radio providers?
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