WASHINGTON, June 16, 2008

FCC Chairman Eyes Satelite Radio Merger

$5 Billion Partnership Would Bring Sirius and XM Radio Together

  • The FCC Chairman is recommending that the commission approve a merger between Sirius and XM Radio.

    The FCC Chairman is recommending that the commission approve a merger between Sirius and XM Radio.  (CBS/AP)

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(AP)  The chairman of the Federal Communications Commission is recommending approval of the $5 billion merger between the nation's two satellite radio broadcasters in exchange for concessions that include turning over 24 channels to noncommercial and minority programming, The Associated Press has learned.

That condition - along with others, including a three-year price freeze for consumers - convinced FCC Chairman Kevin Martin on Sunday to recommend approval for Sirius Satellite Radio Inc.'s buyout of rival XM Satellite Radio Holdings Inc. The deal affects millions of subscribers who pay to hear music, news, sports and talk programming, largely free from advertising, in homes and vehicles.

Martin's recommendation sets the stage for a final vote on the closely watched merger, which could occur any time after his recommendation is circulated among his fellow commissioners.

The other four commissioners have, for the most part, kept their views on the deal to themselves. Unlike most FCC decisions, there is no clear indication on how the vote will go.

The proposed merger has been in a holding pattern during an FCC approval process that has gone on for more than a year.

Martin said the conditions will make the combination of the two companies good for consumers.

"As I've indicated before, this is an unusual situation," Martin said in a statement. "I am recommending that with the voluntary commitments they (the companies) have offered, on balance, this transaction would be in the public interest."

The companies also agreed to an "open radio" standard, meant to create competition among manufacturers of satellite radios, according to FCC officials who spoke on condition of anonymity because the agreement has not yet been made public.

Other conditions are similar to promises made by Sirius CEO Mel Karmazin last year.

They include a three-year freeze on prices and packages that include programs from both services, including a so-called "a la carte" offering that would be available within three months of the close of the deal.

The FCC's analysis has gone on twice as long as the agency prefers in merger reviews, largely because the XM-Sirius deal faces a special hurdle.

To ensure competition, the FCC prohibited the merger of the only two license holders when it created the industry in 1997.

Martin is recommending approval despite intense opposition from the land-based radio industry and most consumer groups, who say the deal will create a monopoly.

The buyout was approved by the Justice Department in March.

The satellite radio deal has drawn an unusual amount of scrutiny from Capitol Hill, where the National Association of Broadcasters has fought an expensive advertising and lobbying campaign to block approval.

The buyout received shareholder approval in November. The companies said the merger will save hundreds of millions of dollars in operating costs, savings that will ultimately benefit their customers.

Karmazin has pledged that the combined company will offer pricing plans ranging from $6.99 per month for 50 channels offered by one service, up to $16.99 a month, where subscribers would keep their existing service plus choose channels offered by the other service.

Karmazin also said he will allow customers to choose and pay for only the channels they want. The "a la carte" option will require new radios, the companies have said.

In addition, the companies have pledged to offer radios that are capable of receiving both services within one year.

An "interoperable radio" requirement was part of the two providers' license agreement 11 years ago, but the companies have never brought one to market, a point regularly brought up by merger opponents.

The thorniest part of the negotiations was over how much radio spectrum the companies would turn over to noncommercial and minority broadcasters.

The companies agreed to turn over 8 percent of their satellite capacity, which works out to 12 channels apiece for noncommercial programmers and for those who have "not been traditionally represented" in radio, according to Martin.

The details on how this system would work have yet to be worked out, according to FCC officials.

Both companies have lost money each year since they launched their satellites, but have not said the merger was necessary to keep them afloat.

Washington-based XM has about 9 million subscribers while New York City-based Sirius has about 8.3 million subscribers.


© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Add a Comment
by faith_in_w June 16, 2008 12:28 PM EDT
I have XM, does this mean I will get twice as many christian rock stations? Oh joy!
Reply to this comment
by timdgrim June 16, 2008 11:17 AM EDT
Is it funny, or is it sad that whomever wrote this article, can not even spell SATELLITE correctly!
How''s that college degree working out skippy?
FCC Chairman Eyes Satelite Radio Merger
$5 Billion Partnership Would Bring Sirius and XM Radio Together
Reply to this comment
by watcher269-2009 June 16, 2008 10:57 AM EDT
Wow - just like exxon mobil and amaco and BP - nothing done there - look at the television news stations - the newspapers - regular radio stations be bought up by big nothing done there - so what about sat radio - who cares - this government lets every other type of corporation merge let the sat radio merge too.

Reply to this comment
by gocubs58 June 16, 2008 9:36 AM EDT
This is just sad - it creates 0 competition in the industry - after 3 years they will be able to do whatever they want with pricing and no one will hold them accountable.
Reply to this comment
by cbsblogger June 16, 2008 9:13 AM EDT
What''''s with the Exxon-Mobil ad?

Is Exxon-Mobil trying to steal our airwaves now too?

I''''m sure that this Bush lackey, Kevin Martin, would be glad to help in any way that he could.



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Posted by FeelFree4U at 02:55 AM : Jun 16, 2008

Exxon-Mobile is another merger that has been real good for consumers. Just like Royal Dutch and Shell, and BP- Amoco and Atlantic Richfield. Consumers have enjoyed great times and great prices since the establishment of the "oil super majors"...and these were under Clinton''s watch.
Reply to this comment
by cbsblogger June 16, 2008 8:58 AM EDT
This administration has never seen a merger that it didn''t like, even though the mergers have never been good for the country.

These decisions exemplify that the Bush administration
is all about corporate interests, but not USA interests.

The questions that always needs answered but rarely have been under this administration are..... what positive outcome will it have for consumers, and secondly will it result in reduced competion and likely higher costs to consumers?
Reply to this comment
by cyberus-2009 June 16, 2008 7:20 AM EDT
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Why is the FCC putting so many roadblocks in place for this merger? No other ones seem to draw such concerns. By the time the FCC gets through, neither company will be salvageable.

Posted by PVperson
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Because then a GOP approved media mega-corp can buy them both out to make sure that ALL channels are providing the same approved spin.
Reply to this comment
by feelfree4u June 16, 2008 5:55 AM EDT

What''s with the Exxon-Mobil ad?

Is Exxon-Mobil trying to steal our airwaves now too?

I''m sure that this Bush lackey, Kevin Martin, would be glad to help in any way that he could.
Reply to this comment
by feelfree4u June 16, 2008 4:28 AM EDT

Re: "FCC Chairman Kevin Martin on Sunday to recommend approval for Sirius Satellite Radio Inc.''s buyout of rival XM Satellite Radio Holdings Inc."

This regime pole-smoker should join the rest of the regime in prison.
Reply to this comment
by pvperson June 16, 2008 4:12 AM EDT
Why is the FCC putting so many roadblocks in place for this merger? No other ones seem to draw such concerns. By the time the FCC gets through, neither company will be salvageable.
Reply to this comment

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