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XM-Sirius merger approved by DOJ

Justice Department gives thumbs up to satellite radio merger more than one year after it was first announced.

March 24, 2008: 3:17 PM EDT

 

NEW YORK (CNNMoney.com) -- The U.S. Justice Department approved the merger between satellite radio companies Sirius and XM Monday, more than a year after the two companies first announced their deal.

 

In its decision, the Department of Justice had to determine whether an XM-Sirius merger was anti-competitive, or if other media companies such as Clear Channel (CCU, Fortune 500), CBS (CBS, Fortune 500), or even Apple (AAPL, Fortune 500) with its iTunes software and iPod music player served as alternate options for music and media customers.

 

The Federal Communications Commission must also approve the deal before it can officially be completed. The FCC has yet to make a decision on the deal.

 

The merger would combine the nation's only two satellite radio companies and create a company with about 14 million subscribers. It would bring together Sirius' most well-known content, including Howard Stern and National Football League games with XM's Major League Baseball as well programming from Oprah Winfrey.

 

Shares of XM (XMSR) and Sirius (SIRI) both rose after the announcement. To top of page

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Folks are still listening to the radio (outside of NPR)?

Certainly you can see the attraction of satellite radio, with the multitude of niche stations available?

 

My dad loves his Sirius for Howard Stern, but has been lamenting the lack of folk stations. Maybe a merger with XM will give him a few more choices along those lines.

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Certainly you can see the attraction of satellite radio, with the multitude of niche stations available?

 

My dad loves his Sirius for Howard Stern, but has been lamenting the lack of folk stations. Maybe a merger with XM will give him a few more choices along those lines.

 

 

Boston is home to a fairly decent all folk station

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I have XM. The folk station is Channel 15.

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  • 3 months later...

weird it was just passed

http://news.yahoo.com/s/ap/20080726/ap_on_...t/fcc_xm_sirius

FCC approves satellite radio merger in 3-2 vote

 

By JOHN DUNBAR, Associated Press Writer 10 minutes ago

 

WASHINGTON - Federal regulators formally approved the merger of the nation's only two satellite radio operators Friday, ending a 16-month-long drama closely watched by Washington and Wall Street.

 

Sirius Satellite Radio Inc.'s $3.3 billion buyout of rival XM Satellite Radio Holdings Inc. will mean 18 million-plus subscribers will be able to receive programming from both services. Executives say it will mean huge cost savings that will lead to a first-ever profit for the relatively nascent industry.

 

The Federal Communications Commission voted 3-2 to approve the buyout, with the tiebreaker coming Friday night from Republican commissioner Deborah Taylor Tate.

 

Tate had insisted that the companies settle charges that they violated FCC rules before she would approve the deal. The companies agreed this week to pay $19.7 million to the U.S. Treasury for violations related to radio receivers and ground-based signal repeaters.

 

FCC Chairman Kevin Martin confirmed the final vote Friday night.

 

"I think it's going to be, in the end, a good thing for consumers and be in the public interest," he told The Associated Press.

 

The approval appeared to hit a glitch on Friday when a dispute surfaced between the chairman and Tate over the violations, but differences between the two were quickly resolved, and the approval went forward.

 

The long-running regulatory review was watched closely by exasperated investors anxious for a resolution as well as satellite radio customers with questions about what impact the merger would have on their service.

 

The approval was a major blow for the land-based radio industry, which lobbied hard against the buyout. It was also opposed by consumer groups, various members of Congress and state attorneys general, all of whom argued a satellite radio merger would hurt consumers and was not in the public interest.

 

"They kept each other on their toes," Democratic commissioner Jonathan Adelstein said of the two companies. "I hope they keep their edge and don't become a fat and happy monopoly."

 

Adelstein voted against the buyout as did fellow Democrat Michael Copps. Joining Martin and Tate in approving the deal was Republican commissioner Robert McDowell.

 

The companies said the combination would create hundreds of millions of dollars in cost savings and lead to greater choice in programming for subscribers and flexible pricing options.

 

Tate released a statement Friday night praising the commission's decision to punish the companies for rules violations before acting on the merger and supporting pro-consumer conditions imposed on the deal.

 

Under the terms of the consent decree, XM will pay $17.5 million and Sirius will pay $2.2 million to resolve interference complaints and violations related to land-based signal repeaters the companies operate to deliver programming.

 

The final merger agreement did not require the combined company to include a chip in its radios that will allow customers to receive digital signals from land-based radio stations, which would have helped the land-based radio industry.

 

Tate, who was lobbied intensely by the industry in the final weeks, said she "could not in good conscience support a government-mandated requirement on the backs of American consumers at this time."

 

Martin said the agreement is nearly identical to what he circulated among other commissioners when he first recommended approval for the deal a month ago.

 

The companies first applied for permission to combine in March 2007. The Justice Department approved the deal in March of this year without conditions, saying the companies don't really compete because customers must buy equipment that is exclusive to either XM or Sirius, and subscribers rarely switch providers.

 

DOJ also agreed with the companies' argument that they compete with other forms of audio entertainment, including digital radio, Internet-based radio stations and even devices like Apple Inc.'s iPod.

 

FCC approval faced a steeper climb because the companies were prohibited from combining under terms of their licenses. The agency struggled to come up with a way to show that allowing a satellite radio monopoly was in the public interest.

 

The companies voluntarily agreed to a set of conditions, including a three-year price cap and an 8 percent set-aside of "full-time audio channels" for public interest and minority programming. They will also adopt an "open radio" standard that may lead to a greater variety of features in radios and greater competition among manufacturers.

 

Sirius and XM also have promised to include a limited "a la carte" offering that would be available within three months of the close of the deal and allow listeners to pay only for the channels they want to receive.

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Folks are still listening to the radio (outside of NPR)?

I listen to all kinds of terestrial radio all the time, including AM and college stations (college alot). I have heard satillite and may make the jump now that they have merged. (or I may not...)

 

LouieB

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If they f with the Deep Tracks or old school rap channels on XM, I am not going to be happy.

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this is from earlier this year

http://www.orbitcast.com/archives/siriusxm...still-work.html

all of your options are in it.

Thanks - that was very informative.

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This is helpful, but still doesn't answer my biggest question of whether I will continue to need something like this to receive a reliable signal at my house...

20060211125245395_1.jpg

 

You cannot get a more clear view of the sky from where I am, so why the heck can't I ever get more than a single bar of signal? Screw satellites. How much would it cost me to run a cable from my house up to the sky?

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This is helpful, but still doesn't answer my biggest question of whether I will continue to need something like this to receive a reliable signal at my house...

20060211125245395_1.jpg

 

You cannot get a more clear view of the sky from where I am, so why the heck can't I ever get more than a single bar of signal? Screw satellites. How much would it cost me to run a cable from my house up to the sky?

Huh. Where do you live?

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Huh. Where do you live?

Jupiter Just outside Columbus, OH. I think my problem is that I get a lousy terrestrial signal, so if the satellite signal is flaky at all due to weather/sun spots/migratory birds/a small child releasing a balloon into the air/etc, then the whole thing just blips out on me. Pretty frustrating.

 

Same thing in my wife's car--she doesn't receive a reliable signal until she is within city limits. Seems like it might as well be a terrestrial radio service around here. I can't imagine why the satellite signal is so lousy. Some kind of Bermuda Triangle type thing happening or something.

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Jupiter Just outside Columbus, OH. I think my problem is that I get a lousy terrestrial signal, so if the satellite signal is flaky at all due to weather/sun spots/migratory birds/a small child releasing a balloon into the air/etc, then the whole thing just blips out on me. Pretty frustrating.

 

Same thing in my wife's car--she doesn't receive a reliable signal until she is within city limits. Seems like it might as well be a terrestrial radio service around here. I can't imagine why the satellite signal is so lousy. Some kind of Bermuda Triangle type thing happening or something.

Huh. Here in the Hudson Valley, the signal (XM) is pretty stable as long as you have a straight look at the southern sky. Are you XM or Sirius?

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