U.S. Electronics has formally asked the FCC to stop the Commission's informal clock in order to bring attention to new and unaddressed issues.
The company, who previously filed a lawsuit against Sirius Satellite Radio Inc., voiced concerns over various issues including monopolistic equipment access, rule violations, interoperable requirements, the handling of ex parte communications, the scheduling of agenda items and (last but not least) delays in access to "decision-makers."
Of note, U.S. Electronics (USE) brings up what they call "Vertical Monopoly/Network Access." USE feels that while the Commission focuses on ensuring price regulations on subscription rates, the merged company would be able to "price equipment to subsidize lower subscription rates."
Not a bad thought. Well, except that the "Vertical Monopoly/Network Access" situation exists in the current setup of two companies. Sirius is still the only place where you can get Howard Stern, for instance, so if there was to be a price hike in devices to subsidize revenue, it would have happened already. It's not like Sirius-XM can start charging $800 at retail, and still expect sales to grow. The same applies for the OEM channel. It's that whole "free market" thing, and if the relevant market is defined to inclue competition against HD Radio, MP3 players, and Streaming/Mobile Audio, then the point is moot.
USE brings up several additional points that they call "complex and novel issues, unanswered questions, and the irregularities in the process." As a result, they want the FCC to stop the process.
It was disclosed in March that U.S. Electronics filed suit against Sirius Satellite Radio, seeking $48 million in damages.
[View FCC Filing (PDF) via Orbitcast Forums]
My god! This has got to be the most debated merger approval process in history. The amount of opposition against 2 companies that command a puny 3% of the radio listening audience is mind boggling to say the least. I am just dying for the day when this parade comes to an end. Hopefully we will not be having this conversation in 2008.