State AGs voice merger concerns in meeting with FCC's Adelstein

A smattering of Attorneys General spent roughly 45 minutes on the phone with FCC Commissioner Jonathan Adelstein, on Wednesday, voicing their concerns about the merger between Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc.
According to a WSJ blogpost, Rob McKenna Washington State's Republican AG and Connecticut's Democratic AG Richard Blumenthal joined assistant AGs from 8 other states to press the commissioner to vote against the deal, or at the very least, place tough conditions on it.
They also expressed concern about the lack of an interoperable radio that would work with both services, as well as the "significant harms" that would result from "the loss of a direct competitor."
"The states further explained that the lack of an interoperable radio is emblematic of the licensees' disregard for competition and consumers and urged that the licensees should be required to make the intellectual property for an interoperable receiver freely licensable and available for manufacturers and standards setting bodies," wrote the Attorneys General in a recent ex parte filing.
"The attorneys generals have a number of serious concerns," said Adelstein sharing their concerns. "They have a feeling that the Justice Department did not pay proper deference to their concerns when it issued its opinion ... In this case, those concerns were dismissed and there was no proper audience given to the attorneys general."
"I think it is important that the FCC, after such dismissive treatment by the AGs, take extra consideration on the very legitimate concerns that the attorneys generals are raising," Adelstein told reporters.
When asked how he planned to vote on the merger, Adelstein said it would depend on how the deal was conditioned.
[View FCC Filings (PDF) via WSJ Deal Journal, Broadcasting & Cable]










