
Sirius Satellite Radio Inc. CEO Mel Karmazin told investors during yesterday's earnings call that if the Federal Communications Commission imposes conditions that are too harsh, then the company will not go through with the deal.
"If it turns out that the conditions are such that they are so egregious
that they are not in the shareholders' or subscribers' best interest,
then we will not do it," said Karmazin yesterday.
Echoing Karmazin's sentiment, Sirius CFO David Frear said Tuesday that the company is prepared to reject conditions that federal regulators might impose if they are deemed too restrictive.
"The company won't do anything - the company won't agree to a set of conditions that's going to adversely impact, and would not be to the benefit of, our current subscribers, our future subscribers, and our shareholders," Frear said. "It's all got to make sense."
Frear described the negotiations with the FCC as a "tortured path," first announced in February of last year.
"The FCC process is in many ways a political process," Frear said. "There is a well-worn tradition of exploiting, of opportunistic parties looking to exploit the regulatory process of the FCC for what is their personal gain.
"In a week, we'll be 15 months into this for what is honestly, in the broader media landscape, an incredibly unimportant public policy decision," Frear said.
Karmazin also expressed his frustrations to investors over the deal taking so long.
"We filed our application at the FCC over 400 days ago," Karmazin told investors. "It is almost
350 days on the FCC clock from when it was put on public notice. The
FCC historically tries to review deals within 180 days.
"We share the
reasonable frustration that many of our investors feel regarding the
time it has taken," added the CEO. "We also share the outrage that some have expressed
to me regarding press reports of opportunistic parties trying to take
advantage of the process and extract value for themselves that properly
belongs to Sirius subscribers and shareholders."
"I can assure you we will work with the regulators on any conditions they feel should be attached to an approval."
According to Orbitcast's count, it has been 420 days since Sirius and XM filed their
application with the FCC.