Looks like it's going to happen!

WASHINGTON — 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.

Yes!

These companies have to merge to survive. 10 bucks says the combined company files for BK within 3 years.

Of course it will. The executives will overpay themselves at an outrageous amount until it collapses and they walk away with the dough!

Chapter 11 re-org then do it all over again!

Congress may block it. So far, only the executive branch has rubberstamped it. FCC, DOJ, DOC ... all Bush lackies.

It may end up in the Supreme Court if Congress passes a bill blocking it and there is a sirius challenge to it. (nyuk)

According to the chairman of the FCC, the merger will be approved, but only if 96% of the programming is white and male. One wonders what sort of measuring stick they have to determine fair use.

"Federal Communications Commission Chairman Kevin J. Martin said over the weekend that he would support the merger after XM Satellite Radio Holdings and Sirius Satellite Radio voluntarily agreed, among a series of other concessions, to lease 4 percent of their radio spectrum, or 12 channels, for programming run by minorities and women."

Washington Post

Thanks to one white man in our government, one company, one gender and one global region of national origin could have a mandate to control all but a tiny portion of an entire broadcast spectrum. How would the general public be served for the common good by this decision?