That's what the Department of Justice is warning the U.S. Supreme Court about as it weighs in on an FCC indecency decision.

See, the Second Circuit Court of Appeals in New York remanded the FCC's indecency finding against expletives on Fox's Billboard Awards show. The court concluded that the FCC had "failed to provide a reasoned basis for reversing its longstanding indecency-enforcement policy with respect to isolated and fleeting expletives."

According to Broadcasting & Cable, Solicitor General Paul Clement, said the Second Circuit decision left the FCC little room to modify its policy other than two extremes, adding that the court's decision "attempts to coerce the commission to choose between allowing one free use of any expletive, no matter how offensive or gratuitous, or adopting a blanket prohibition on any use of expletives."

In other words, George Carlin's "seven dirty words" might not be found indecent anymore.

Clement said the lower-court decision "effectively prevents the commission from carrying out its charge, and yet it is the commission that will be held accountable for the coarsening of the airwaves."

The U.S. Supreme Court are scheduled to meet on February 29th to decide whether to take the case, though that date could easily be delayed.

[Broadcasting & Cable]

Heritage Foundation senior analyst James Gattuso.

Gattuso recently expressed his frustration with the Department of Justice and its laggard pace in coming to a decision for the Sirius-XM merger, stating:

"...rumors of imminent action at DoJ have frequently made the rounds: the DoJ is going to approve the deal, the DoJ is going to reject the deal, the DoJ is going to attach conditions on the deal.

"I'm half-expecting to read that the DoJ's dog ate the files on the deal."

Well said James.

[TechNewsWorld, Photo courtesy of Drama Queen]

Thanks Gary!

Aside from having some of the most entertaining photos in mainstream media, the New York Post also has a source "familiar with the situation" that has provided the publication with a status update at the DOJ.

According to this source, junior staffers were given a final chance to make their case against merger approval - known as "last rights" - to Antitrust Division Chief Thomas Barnett, before he signs off on the deal.

The results of these "last rights" are unknown - but this is fairly consistent with what the analyst community sources have been hearing for some time now.

In early November, Cowen & Company issued a report stating that the Antitrust Chief would approve the merger, "despite a staff recommendation against the deal."

A few weeks later, Bear Stearns wrote that junior staffers at the DOJ are recommending blocking the merger, but that higher officer deputy officials likely disagree and that Barnett will rule along with the higher officials in approval of the deal.

That was several months ago, and if the Post's sources are correct, then the DOJ's tune hasn't changed. Only time will tell for sure though.

[New York Post via Orbitcast Forums]
Thanks Squeaky!

Federal Communications Commission chairman Kevin Martin confirmed recently that the agency was coordinating efforts with the Department of Justice, but had yet to reach a final decision on the merger between Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc.

Speaking informally at the NBA Tech Summit, Martin also said that while the Commission has received all the necessary information from the two satellite radio companies, they have yet to set a timeline in reaching a final decision.

According to paidContent:

"Traditionally the commission doesn't act on those after the Department of Justice --99 out of 100 times the Department of Justice goes first and the Department of Justice hasn't acted yet on that merger. We have some more information we requested at the beginning of the year from the companies so that we're trying to finalize our conclusions but we're coordinating with Department of Justice. I don't have a timeline."

Today marks the exact one-year anniversary since Sirius-XM merger was announced.

[paidContent]

The National Association of Broadcasters (NAB) fear that satellite radio may have "different needs and incentives for the use of terrestrial repeaters" as a result of the merger between Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc.

One of the NAB's concerns is the "heightened desire to offer locally oriented programming, including local advertising" through the repeater network. So the NAB is asking the FCC to adopt final repeater rules that block Sirius-XM from offering local content on their repeater networks.

This isn't anything new.

Over a year ago, an NAB-backed bill (H.R. 983) was introduced to Congress, meant to "preserve local radio" and in effect would stop the airing of Amber Alerts and other emergency services on Sirius and XM. Somehow I don't see this as being in the public's interest.

In the its recent FCC filing, the NAB continues, "In adopting final rules for [satellite radio] repeaters, it is also necessary that the commission be mindful of the SDARS licensees' record of misbehavior in this area."

They go on to highlight violations regarding Sirius and XM repeater towers. Of course, this ignores terrestrial radio's own history of FCC violations.

Oh I get it: Do as I say, not as I do.

How about this instead. If regulators do feel that terrestrial radio is a substitute for satellite radio, and that they compete in the same relevant market, then satellite radio should be permitted to provide more - not less - localized programming. There is absolutely no need for an 80-year old government-granted monopoly over local programming to continue to exist in this day and age.

But that's exactly what the NAB wants. In their on-going attempt to save itself - rather than actually trying to innovate and provide a compelling product - they want to prohibit other local programming, and secure they're stranglehold on "localism." Now that's anticompetitive.

[via Radio Ink]