Report: Sirius-XM merger longest FCC review in history

Take your time. We will wait. Hope to hear from you soon.

"hildren have been conceived, born and are just starting to crawl"

awesome

maybe they want to stall out the bush administration?
wait for a possible dem?
time for a change in the FCC head appointee.
get this thing moving once and for all.
this was is no different than allowing newspapers to own multiple radio and tv stations in the same market they publish in. that is also called a pseudo monopoly. the world keeps on spinning.
approve the damn merger FCC, you must have some better things to do that stone wall this.

Well, its long for sure but there is a pattern with the FCC taking over a year to make a decision as you mentioned with the other companies--The problem is that these 2 companies need each other to survive unlike some of the other mergers that took as long--I wish the FCC would take that into account with the concessions--I think what the 2 companies have proposed is very much in the consumers best interest(notice i said CONSUMERS and not SPECIAL INTERESTS)

"Children have been conceived, born and are just starting to crawl while the government has held these two companies hostage."

That's freakin scary.

I won't be scared until the crawling children take these two companies hostage themselves.

No pressure, Mr. Kevin Assmunch

You know, I don't understand why much of the chatter I hear revolves around whether or not this merger is anti-competitive. The DOJ clearly stated this was not anti-competitive, given the broad audio-ent market.

I hear senators yelping -- "please block...etc...etc." Naturally, this is a last ditch effort, fueled by the NAB. However, the merits sourrounding compeition is not the jurisdiction of the FCC.

At this point, the FCC has one question to answer. "DOES THIS MERGER BENEFIT THE CONSUMER". The FCC's place isn't with "SPECIAL OR CORPORATE INTERESTS".

The burden of proof was placed on Sirius-XM to demonstrate that the combination of the two liscences would benefit the consumer. Mel Karmazin came out with an Al La Carte package and both companies offered up four channels to public interest programming.

In my opinion, the Al La Carte is an enormous win for the consumer. And on a standalone basis, this "BENEFITS THE CONSUMER". The marginal consumer benefit comes from the donated channels.

However, whether a nominal consumer benefit or an enormous consumer benefit, this merger is clearly in the public interest (i.e., subscribers and future subscribers). The FCC need not go further in over analyzing this combination.

Again, the competitive nature of this combination was already ruled on by the DOJ.

Last time I checked, the FCC did not operate for "Special or otherwise Corporate interests". Let's end this horse and pony show. This is ridiculous.

The FCC is responsible for destroying billions in shareholder value already. This is a travesty! They have overstepped their authority!

At this point, the FCC has one question to answer. "DOES THIS MERGER BENEFIT THE CONSUMER". The FCC's place isn't with "SPECIAL OR CORPORATE INTERESTS
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WRONG... the FCC simply has to review thier policy and licencing. If they allow the merger it will be a major polacy change to allow one company so much band width. Do not get this confused with benifiting the consumer.. or anti competitive Monopoly stuff. FCC's job is different.

Think about it when i do only one thing comes to mind and that is someome or ones were paid off.

Paid of for what? I think not forcing the dual radios to be turned on because of what it would do to XM. The big boys held / hold most of XM stock and the FCC was paid not to force the use of the radios.

Did XM not make the radios like Sirius did??

The FCC AFTER MANY REQUESTS WILL NOT ANSWER ANYTHING ABOUT THE RADIOS.

Martin has taken a request about the radiops and misfiled it from the proper place into the complaint file that it has no place being because it is not a complaint.

And the harm in allowing Sirius-XM bandwidth is what??? Anti-competitiveness? They individually utilize the bandwidth already. Where's the problem in allowing them to use it as a combined entity? What logic would go into the FCC making such a "major policy change"?

The consumer. And it beneftits the consumer.

If not for the consumer, the FCC has no purpose to exist.

Everybody who has some ammount of smarts knows that there is some sort 'fishy deals' going on at the FCC. When deadlines are passed to write to the FCC by at least 160 days, and groups like Georgetown Partnerss, NAB, Clear Channel, and other interest groups keep sending proposels to take spectrum for free, or block the merger, why are they allowed to do it? The time expired in Dec. 2007 and yet it keeps coming. Kevin Martin stated that the FCC would rule shortly after the DOJ made their ruling. The DOJ made its ruling on March 27, 2008. If Martin kept his word, the decision should have made by Mid-April. Yet, the dealays keep on coming. Now an independaent investigator should investigate Martin's financial records to see how much money he recieved from the special groups. It probably would show, that the agency does not work for the people, but for the special interest groups.

if fcc conditions force Sirius to walk away(and have NAB win) then...
NO alacarte which would have been groundbreaking, NO combined entity that ends exclusivity such as baseball to XM or football to sirius which would benefit the public, No potential savings to consumer for those combined services and higher rates coming for sure so that they can survive, one company is going to go under, no new gadgets that a combination would bring on, and No additional channels leased to such special interests looking for a freebie, such as Georgetown

The FCC is stalling in hopes that the companies will either fail or decide to not go through with the merger.

what a bunch of pansies. Kevin Martin is a spineless man who needs to step up to the plate and lead his team to make a decision.

The FCC is a HUGE waste of taxpayer $$$!

Yeah both companys will be bankrupt and out of business before this gets approved or denied.

>>> The DOJ clearly stated this was not anti-competitive, given the broad audio-ent market.

The DOJ stated it, but that doesn't make it so. As has been pointed out by others, the bar is very high for merger enforcement by this DOJ. They have had to defend, time and again, the lack of enforcement. While there is no way to know for sure (without a leak, which hasn't happened since the announcement), but every indication is that Barnett overruled his own staff in allowing the merger -- which strongly suggests that the legal analysis of the situation concluded it IS anticompetitive.

The fact is you cannot create a monopoly in a market of sub-market, going from two providers to one, and claim that it isn't "anticompetitive". It obviously is. DOJ effectively kicked the can to FCC.

XM and SIRI asking for a monopoly, and the FCC is receiving pressure from all sides on the issue. Still, they should have come to some decision by now.

They should just deny the merger and move forward, but clearly, they intend to give it a shot of some kind.

Stack,

That sounds like a load of bullshit. The DOJ spelled it out quite well in their statement to the public. This merger is not anticompetitive.

"You know, I don't understand why much of the chatter I hear revolves around whether or not this merger is anti-competitive. The DOJ clearly stated this was not anti-competitive, given the broad audio-ent market."

The *Bush* DOJ (you know, the one that fired all those attorneys for doing their jobs) has said that the merger isn't anti-competitive. Which is a little like asking Hamas if your pastrami sandwich is kosher.

This merger request has now lasted one-half-percent of the entire history of the United States of America.

Exactly, the DOJ, under the Bush administration, approved the merger. This was a legitimate legal process. And the FCC, under the Bush administration hasn't done anything. What's your point, Bob?

Speaking of hostages, Iran held our embassy personnel for 444 days I think the FCC is looking to beat that record.

>> Exactly, the DOJ, under the Bush administration, approved the merger. This was a legitimate legal process.

It was a legal process when the staff did the research. It was a political process when Barnett went against the staff recommendation and refused to file suit.

It was legitimate in that Barnett had the right to make that particular call. However, it was contrary to 100 years of antitrust law that is already on the books, and for those who believe antitrust enforcement is an important activity has certainly damaged future prospects.

Bottom line, it was a political decision, not a legal one.

The thing that I find bizarre is that the FCC's butt buddy the NAB fully believe that all of the people that presently have Satellite radio will migrate back to testicular radio if they kill XM and Sirius. I think we all know that won't be the case after experiencing the alternative. Of course the sensible thing for big buck media conglomerants would have been to try to put some birds up high and compete on their level but then someone would have gotten screwed out of a couple of bonuses or dividends.

So the DOJ did something illegal, Stack?

come on stack---your statement regarding barnett going against his staffs recommendation were rumors---repeat.. RUMORS way BEFORE the announcement and there is no actual facts that actually occurred.. but could have lol

>> So the DOJ did something illegal, Stack?

No, but you appear to be conflating two unrelated concepts.

a) Whether the process at DOJ was a "legal" process or a "political" one, versus

b) Whether the what the DOJ committed any crime in the process (which it obviously did not).

Stack, I'm trying to get to the point, which you obviously do not understand. The DOJ ruled that the merger was not anticompetitive. Regardless of how the agency arrived at the judgment is not that important. Because the truth is, as you and I both know, it followed a legal process to come to it's conclusion.

Second, the FCC's place is not to make judgments on the competitiveness of this license transfer. They simply need to change the licenses so they can be held by the combined entity. First they need to ensure that the consumer benefits from such a change. And it has been proven that the consumer is much better off, due to the reasons cited earlier (e.g., al la cart...etc).

Just popping in to see the drivel from the geniuses that seem to reside here.

"Children have been conceived, born and are just starting to crawl while the government has held these two companies hostage."

That's freakin scary.

I'll take you one further... some people have gone to rehab, gotten out gone back, gotten out.. been on the wagon and off the wagon.. gotten married, divorced and murdered their first wife, and eaten a whole bucket of Kentucky fried chicken... ok that last bit is a stretch...

The DOJ was the sole entity to decide whether or not this was anti-competitive. They decided it was not. Case Closed.

The FCC's only job here is to decide if transfering the license is in the public interest. By allowing lower entry price points with a la carte (not to mention the implications of a la carte on the rest of the media world) and by looking at the 15,000 comments by the public vastly in favor of this, that decision shouldn't be hard.

If the FCC is basing anything on anti-competitive opinion, they are overstepping their authority completely.

Can they just merge and what then the FCC sues them?? That would make the FCC do something. Would it take the FCC years to get that together??

This is exactly what the FCC did to the XM plan to buy WCS...they just let it die on the vine. This is too high profile for that but I'm betting they'll put in too many restrictions and it'll die. Their NAB buddies win.

The FCC... The best Government money can buy!

If it makes anyone feel better, I had an erection once that lasted about four days.
Sometimes you just have to deal with these pricks.

>>Second, the FCC's place is not to make judgments on the competitiveness of this license transfer.

The entire point of the prohibition FCC imposed on a single entity holding the licenses was to promote competition.

>>> And it has been proven that the consumer is much better off, due to the reasons cited earlier (e.g., al la cart...etc).

This is stupid. There is no "proof" that ala carte will be better for the consumer.

It is obvious that when you cut the competition in half, consumers are not better off.

Mel's plan for a quick cash grab from consumers FAILED, the FCC is not at all at fault since it's the sat radio companies which want to ignore the agreements they made not too long ago to get their licenses to operate.

NO! to "merge" MONOPOLY

Stack people will set the price it is not something they must have like Gas.

The price will go down with the savings a merger gives. More subs more ad money the sweet point that brings in the most money.

Who cares?

Stack Pointer,

It's obvious you are looking at the license from a competitive standpoint. And competitiveness is not for the FCC to decide. Period. But you can continue to humor us all with your drivel.

Zach must you continue to wow us all with your ignorance? This "merge" MONOPOLY is all about raising prices while dropping choice and direct competition, none of it being pro-consumer, none of it being pro-sat radio. Mel's scheme for a quick cash grab by "merge" MONOPOLY failed and in the process also killed sat radio.

NO! to "merge" MONOPOLY
NO! to Zach "drivel"

Zach must you continue to wow us all with your ignorance? This "merge" MONOPOLY is all about raising prices while dropping choice and direct competition, none of it being pro-consumer, none of it being pro-sat radio. Mel's scheme for a quick cash grab by "merge" MONOPOLY failed and in the process also killed sat radio.

NO! to "merge" MONOPOLY
NO! to Zach "drivel"

Zach must you continue to wow us all with your ignorance? This "merge" MONOPOLY is all about raising prices while dropping choice and direct competition, none of it being pro-consumer, none of it being pro-sat radio. Mel's scheme for a quick cash grab by "merge" MONOPOLY failed and in the process also killed sat radio.

NO! to "merge" MONOPOLY
NO! to Zach "drivel"

"Children have been conceived, born and are just starting to crawl while the government has held these two companies hostage."

Boo Hoo.

In the same time many companies facing difficulties have cut staff, reorganized, changed their business model, returned to profitability, gone out of business, etc. But only these two and their shareholders feel the government should bail them out for their overspending and underperforming. Only these two sit on their asses rather than work on their business.

IF THE FCC WOULD FOLLOW ITS OWN GUIDELINES THE ANYTHING FILED AFTER JULY 9, 2007 WOULD NOT BE CONSIDERED. HERE IS A LINK TO TO THAT SITE, AND YOU ALL OUT THERE CAN DECIDE THE TRUTH:
http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2417A1.doc

NOW READ IT!

So NO to the merger, don't me get my panties in a wad