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Sirius, XM Merger Gets FCC Approval

Multiple readers, including koavf, have written to tell us the FCC has finally approved the Sirius-XM merger that has been in the works for quite a while now. CNN has picked up AP coverage as well. We discussed approval of the merger by the Justice Department a few months ago. From CNN: "The Federal Communications Commission voted 3-2 to approve the buyout, with the tiebreaker coming Friday night from Republican commissioner Deborah Taylor Tate. Tate had insisted that the companies settle charges that they violated FCC rules before she would approve the deal. The companies agreed this week to pay $19.7 million to the U.S. Treasury for violations related to radio receivers and ground-based signal repeaters. FCC Chairman Kevin Martin confirmed the final vote Friday night. 'I think it's going to be, in the end, a good thing for consumers and be in the public interest,' he told The Associated Press."

31 of 187 comments (clear)

  1. Business as usual by Chester+K · · Score: 4, Insightful

    Of course, the merger comes with strict conditions to keep things in the public interest.

    Conditions like the conditions XM and Sirius were originally given when they were granted space on the spectrum. Conditions such as "these two companies may never, ever be allowed to merge".

    --

    NO CARRIER
    1. Re:Business as usual by TooMuchToDo · · Score: 5, Insightful

      If the companies can't survive without each other, what's the harm in letting them merge? It's not like they're going to lock you out of terrestrial radio. Times change. Just because before we said "You may never merge" doesn't mean it should apply today.

    2. Re:Business as usual by Shihar · · Score: 5, Insightful

      Yeah? And Ford has a monopoly on cars made by Ford. w00t. Someone call the lawyers.

      All companies are monopolies if you narrow the 'slice' of what you are looking at down far enough. You need to look at the big picture though. Sure, Sirius and XM have a monopoly on satellite radio, but satellite radio sure as hell doesn't have a monopoly on ears. I happily listen to an MP3 player or free radio on my way into work without feeling the slightest pressure to go dump however much it costs for bad satellite radio.

      Monopolies only work when there are no or few other viable option. If there is a simple substitution, the monopoly is broken, even if it isn't exactly the same product. It is like if Apple all of a sudden started to charge even higher prices for that silly little MP3 players. You couldn't cry foul over their "monopoly" on iPods. Sure, iPods might not be available at a reasonable price, but a smart person would just pick up another MP3 player that is cheaper.

      The reason why they two are being allowed to merge is because one is going to tank if they don't merge. One is going to tank because satellite radio is getting murdered by the competition. If one is going to go bust, it is better to let them do it in a less destructive manner. It would be one thing if satellite radio was dominating and people were clawing at each other to break into the market. That isn't the case though, satellite radio is just barely hanging on. Letting the two companies merge is far more likely to result in quality improvements and price drops as they consolidate their infrastructure and struggle to compete in the less than profitable radio market.

    3. Re:Business as usual by Chester+K · · Score: 4, Insightful

      If the companies can't survive without each other, what's the harm in letting them merge?

      The companies might have a valid case about 'not being able to survive without each other' if they didn't make almost suicidally bad business decisions like paying Howard Stern 300 million dollars only to find out he can't bring in enough subscribers to even break even on his paycheck.

      And if they were to have failed individually, I'm sure there are plenty of buyers who'd love to have gotten their assets and put together a profitable satellite radio company with their current subscriber numbers.

      Instead they got what amounts to a bailout -- except instead of dollars, the currency of their bailout is fair competition to the benefit of consumers in a market that's now effectively being made into a government approved, privately maintained monopoly

      --

      NO CARRIER
    4. Re:Business as usual by loraksus · · Score: 2, Interesting

      Oh please. Their struggles are about as legitimate as Microsoft's whining that there aren't enough H1B visas being handed out and that there are no qualified Americans for X thousand jobs.

      --
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    5. Re:Business as usual by afidel · · Score: 3, Insightful

      meh, the Stern deal was probably worth it for the publicity alone, think about it, you and millions of others still remember it years later.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    6. Re:Business as usual by Shihar · · Score: 4, Interesting

      You miss the point entirely. Honda has a monopoly on Honda Civics. Only Honda is allowed to make a Civic by law. Despite this, we don't consider Honda a monopoly, simply because there are lots of other cars by other companies that we consider "civic like" such that you can easily find an alternative. If Honda was to double the price of a Civic tomorrow, you would just by a different car and feel only mildly annoyed.

      On the other hand, if Honda was the only one allowed to build cars in general, we would call them a monopoly. Many people need a car and have no real alternative to a car. Sure, airplanes, trains, and buses compete with cars, but they compete poorly in many instances. Only a car is going to drive you 25 miles through a New England winter from one small town to another.

      The Sirius and XM merger is not a big deal for two reasons.

      1) There are lots of alternatives. If the price of cars doubled, many people would simply shell out double the cash to get one. If the price of XM/Sirius doubles without a quality improvement that people find fair, they will simply stop using the service. Free AM/FM radio are direct competitors with satellite radio. MP3 players are also direct competition for satellite radio. I can't substitute riding the bus for buy a car in many instances, but it is pretty trivial to substitute an iPod for satellite radio.

      2) There is going to be only one satellite company, like it or not. Neither Sirius or XM are profitable. One of them WILL go bankrupt in the next couple of years. Once that happens you will be left with... one satellite radio station. They are begging to be allowed to merge because they want the destruction of the companies to be productive, rather then have one scattered to the wind while the other scrambles to pick up the pieces.

      Like it or not, there will be only one satellite radio station. The only question is if it is going to happen in a couple of years when one finally throws in the towel, or because they merged and combined programing in an attempt to better compete with AM/FM and MP3 players.

    7. Re:Business as usual by nawcom · · Score: 4, Insightful

      Heh, please someone explain the filth that his show supposedly has... I've heard more offensive material than what he has. Is it the pro-homosexuality aspect of the show (George Takei) or is it the open opinions of the show? Controversial interviews? Sick humor (get over it, nerds love sick humor, and if you are grossed out by it then you're on the wrong website). Maybe it's the occasional use the the *quiets* ... f-word used as an adjective... No no no... it's the pro-choice aspect of it. Or is it because he loves to make fun of a certain KKK member? Noooo... no one makes fun of the KKK. Oh wait.. he degrades women... yeahhh... give me a fucking break. With all the female listeners who love the show, the last thing he does is degrade females. If some porn star wants to come on the show, the first thing you would expect is for her to get nude. (What's funny is the same people who beat off to porn find this offensive.) The worst he does is point out the stupidity in porn stars. He's had an African American female co-anchor since the early 80s in DC101. Oh I know why you are disgusted with the filth... because every one who has never heard his show makes negative assumptions. That's the real reason.

  2. Re:WTF??? by Giometrix · · Score: 5, Insightful

    How could a single, monopolistic provider of a service, nationwide, be "a good thing for consumers and be in the public interest" ????

    Has Orwellian doublespeak progressed so far??

    Because Satellite Radio is not a monopoly; it is competing against FREE terrestrial radio, mp3 players, ipods, FREE internet radio, etc.

    --
    Download free e-books, lectures, and tutorials at bookgoldmine.com
  3. Re:First Post by teh+moges · · Score: 2, Funny

    See kids, this is why you shouldn't say "first post", even if you think you are...

  4. Satellite Radio is a joke by Anonymous Coward · · Score: 4, Insightful

    When I think of satellite radio, I think of this:
    *Major genres unrepresented.
    *Station playlists that would become predictable within a week.
    *Sub-genres within all genres utterly unrepresented in general (for example, one Metal station on all of Sirius, and it only plays death metal).
    *A whole slew of stations essentially devoted to playing the exact same stuff that you hear on standard Top 40 radio.
    *Commercials, despite being advertised as commercial-free.
    *Annoying DJs (the receivers display the name/artist playing, you do NOT need DJs trying to be funny between every song).
    *Oh, and a monthly fee on top of that.

    Frankly, satellite radio was created 10 years too late. Why should I put up with satellite radio when I can use my mp3 player?

    1. Re:Satellite Radio is a joke by Corpuscavernosa · · Score: 2, Interesting

      *Major genres unrepresented. *Station playlists that would become predictable within a week. *Sub-genres within all genres utterly unrepresented in general (for example, one Metal station on all of Sirius, and it only plays death metal). *A whole slew of stations essentially devoted to playing the exact same stuff that you hear on standard Top 40 radio. *Commercials, despite being advertised as commercial-free. *Annoying DJs (the receivers display the name/artist playing, you do NOT need DJs trying to be funny between every song). *Oh, and a monthly fee on top of that.

      Unfortunately, consumer demand drives it. People listen to what's comfortable. I don't understand why the top40 stations are some of the most popular. Even the "indie" and punk stations play all the same crap. It's clearly selling though.

      --
      We figured out a long time ago that it's easier to elect seven judges than to elect 132 legislators.
    2. Re:Satellite Radio is a joke by memiliesm · · Score: 2, Interesting

      Unfortunately, consumer demand drives it. People listen to what's comfortable. I don't understand why the top40 stations are some of the most popular. Even the "indie" and punk stations play all the same crap. It's clearly selling though.

      There's not that much to understand, and you said it yourself- it's what's comfortable. Radio is listened to primarily (really, almost exclusively) in cars and in offices. It's a passive medium, just on in the background while the listener is doing something else.

      That's why "shaking things up" rarely works in radio. For the most part, listeners don't want a challenge or to be actively entertained, they just want some inoffensive noise to keep them company.

    3. Re:Satellite Radio is a joke by AbandonAllHope · · Score: 2, Interesting

      *Major genres unrepresented.

      Name 1. I dare you. A major genre must be a genre of music, let's say, more than 10,000 people in their market (The United States) listen to.

      *Station playlists that would become predictable within a week.

      No. Not even close. I have an XM system and the exact reason I have it is because the play lists are constantly in flux. Adding to the mix is that most stations have weekly radio shows that feature brand new (some of it without a label or release yet) music. An example if this is XM 82 The System's hosting of Armin van Buuren's A State of Trance. It doesn't get much fresher than the music he plays.

      *Sub-genres within all genres utterly unrepresented in general (for example, one Metal station on all of Sirius, and it only plays death metal).

      I'm sorry there isn't an entire channel devoted to speed metal, or 70's speed metal, or 70's speed metal by bands whose members included a man named Bart. Holy crap how can people be this picky?

      *A whole slew of stations essentially devoted to playing the exact same stuff that you hear on standard Top 40 radio.

      I assume you're also aware of the button on most SR receivers that forces you at gunpoint to listen to the stations you don't like (/sarcasm). Here's something you might also not be aware of : A LOT of people like that sort of music and have SR to listen to it on a nationwide, commercial free basis.

      *Commercials, despite being advertised as commercial-free.

      All of four XM stations have commercials. They will be gone once their contract with Clear Channel expires.

      *Annoying DJs (the receivers display the name/artist playing, you do NOT need DJs trying to be funny between every song).

      Most of the stations I listen to have few, if any, DJs. The DJ's name and the name of the program (For example The XMU After School Special With Toby) while she's talking and the instant the song starts the information changes. Most receivers also have the capacity to remember song names, so you can recall them later.

      *Oh, and a monthly fee on top of that.

      Oh, I forgot, I'm on slashdot where everything should be free and Economics is a dirty word. You're a real peach there Anonymous Coward - OH MY GOD A FEE HOW DAAAARE THEY BWAAAAAAAAAAAAA ADS TOO?!!?!? You can't have it both ways.

      When I think of your post, I think this:
      *Someone call this guy a wahmbulance.

      --
      Abandon All Hope, Ye Who Enter Here
    4. Re:Satellite Radio is a joke by Enry · · Score: 2, Interesting

      Have you ever listened to satellite radio? I'm not sure who modded you up, but they (and you) have no clue.

      There's a few top-40 stations, but I never hear them. I have my favorite songs and groups programmed in and it'll alert me when any of them appear on any channel (try doing that, HD Radio).

      There's a monthly fee. There's a monthly fee for your Internet service too I bet. So what?

      I'm not sure where you get commercials from. A few stations have them, and I don't think any of the music ones on Sirius do (Clear Channel programs some on XM and thus do).

      What genres are unrepresented? There seems to be a great mix.

    5. Re:Satellite Radio is a joke by hal2814 · · Score: 2, Insightful

      "Radio isn't just music. MP3 players can't give you live sports or talk yet (outside of local FM)."

      Interesting you should make this point because the talk aspect is what kept me from even considering satellite radio. There's no such thing as local sports talk on satellite radio. National sports shows are ok but they generally talk far too often about college football teams I don't care about and sports leagues like the NBA that just aren't popular around here. You also can't pick up Clark Howard. At the time I let my free trial expire, there was also no local weather or traffic but I think they've done something about that. Back when I had the free trial, I spent maybe 10 minutes of my daily commute of 60-70 minutes listening to the satellite. The rest of the time was spent listening to AM. To be fair, I didn't touch the FM dial while I had satellite.

  5. Re:WTF??? by Bill,+Shooter+of+Bul · · Score: 4, Insightful

    Its good because they were both unprofitable. Hopefully after the merger they will be able to be solvent. Satellite radio is awesome, whether anyone realizes it or not. There is NO CENSORSHIP WHAT-SO-EVER. I'd repeat some of the things said here, but I think my ISP would object. The company suits do not make music selections, unlike any other radio station on earth. No static, unlimited range, an entire channel dedicated to the grateful dead. Chill, house, ambient, thrash metal, punk, bluegrass, three types of jazz all at your finger tips, and even if you hate music they have a top 40 station, a brittish top 40 station, and a couple Canadian channels.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  6. Oversight as usual by jevvim · · Score: 4, Interesting

    In the beginning, there were a lot more ads on satellite radio. One of the two companies (I forget which) decided to focus on ad-free music channels; amazingly, the other company reduced the number of channels with ads as well. Post-merger, I'm concerned that Big Satellite (B.S.) will finally take aim at the terrestrial market. With only one satellite service type, how long until we see automobiles that come with a free B.S. receiver but the terrestrial receiver (AM/FM) costs extra? To me, though, it comes down to the apparent difference between Republican and Democratic oversight: Republicans reject regulations unless a direct fault can be seen (well, satellite competes with terrestrial, so it's not a monopoly) whereas Democrats demand regulations unless a direct fault can be guaranteed not to happen (well, they could become a monopoly, so forbid them from merging). I'm curious how much the FCC could "change" this decision in a year, should the executive branch return to Democratic hands.

    1. Re:Oversight as usual by jd · · Score: 2, Insightful

      If they're willing to pay twenty million dollars to whoever criticizes the combined company, expect lots of trivial criticisms followed by sudden silence. Frankly, there are very few radio stations worth a damn any more, because of excessive mergers and over-generous media ownership rules. Radio Caroline is still ok, but they've alway been wiling to be different.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  7. Re:WTF??? by dougisfunny · · Score: 3, Insightful

    Its probably still better than the Terrestrial radio I recall from the last time I went through the area.

    --
    This is not the funny you're looking for.
  8. No place to go. by Anonymous Coward · · Score: 2, Interesting

    I had considered XM radio then the merger rumors started to fly so I held back. The problem I have is supporting content I strongly dislike. I can't stand Howard Stern. Yes I know he's God to some people but it reminds me of high school and I escaped from that place a long time ago. I was thrilled when he went satellite but it did drop Sirus off the options list. Now if I get satellite period I have to help pay his over sized paycheck for being annoying. I realized most reading this are likely to be fans but he creeps me out. One of the reasons for preventing monopolies is to give you options. You get to vote with your money. My only vote left is to not financially support satellite radio and hope it goes away. Not much of a choice involved. Far more important than ala cart cable we need ala cart satellite radio. Then everyone has options. There are plenty of Sternies to keep him afloat and I can have my rock stations. I competely agree about DJs and I thought the point of Satellite was to avoid them as well as commercials? DJ are there to save a buck no matter what they claim. Their mindless chatter is cheaper than playing music. I'm stuck in Phoenix now and when I drive back to LA I notice a massive difference. Here there's at least half the air time that is DJs and commercials with little actual music. Two thirds is music in LA. If I'm paying a fee can't we have at least a handful of rock stations and not have a bloody playlist?

    1. Re:No place to go. by Anonymous Coward · · Score: 2, Informative

      I can't stand Howard Stern garbage either. I suspect that there were a fair number of XM users who felt this way, who will most likely let their membership expire now. So, in the end, it will be the Howard Stern radio with a some people who do not care. You would wonder if the accountants did a study to the number of people that he drove away versus those that he attracted. He really does poison satellite radio for me.

    2. Re:No place to go. by Isotopian · · Score: 2, Insightful

      Yeah, there are very few people who care THAT much that they'd drop their subscription because they didn't want to be able to NOT listen to Howard Stern.

      --

      It's poetry with a beat behind it! And guns! They're like beatniks with automatic weapons.

  9. The problem is too much regulation by Affenkopf · · Score: 2, Interesting

    Why did the FCC only grant two satellite licences? It's not like there's limited bandwith. Now that Sirius and XM merge and the FCC still doesn't allow new satellite companies there's no competition at all.

  10. Finally! by agwis · · Score: 3, Insightful

    Ultimately this will benefit the consumer. I've subscribed to both companies and my preference is for talk radio/sports. The competition for paid subscribers forced the 2 companies to continually one-up each other for exclusive content and caused problems for me when one company would win the contract from another at renewal time (nascar, baseball, etc.) At one point I had to give up programming I enjoyed listening too or pay for a second receiver with a second subscription in order to keep it.

    In the last few years, I've noticed the quality of the programming has deteriorated considerably as well. Once the companies are merged, all the duplicate costs for talent, administration, customer service, etc. should be eliminated and hopefully benefit the customers with a much improved service. My understanding is that nobody will even need to buy new hardware as the channels will be combined on your existing radio.

    This is not a monopoly in the sense that we cannot get similar service from another provider. If you find satellite too expensive, or don't like what they have too offer, then get rid of it and listen to terrestrial radio, or your ipod, mp3 player, etc.

    What I would be more concerned about than anything else to do with this merger is the question why did this take so long to pass? Oil companies have merged in a fraction of the time with minimal resistance compared to this one!

  11. Re:WTF??? by LiquidHAL · · Score: 2, Insightful

    A single satellite radio company is not really a "single, monopolistic provider of a service, nationwide" though. It's a direct competitor of traditional radio. It also competes with mp3 players and podcasts, CD's, audio books, etc. If they started any sort of monopolistic practices, people can just cancel their subscriptions and choose a multitude of other audio distribution methods. The justice department spent over a year investigating the issue and ruled that it would not in fact be a monopoly.

    The two companies have lost hundreds of millions of dollars last year. At this point it may not be a question of two satellite radio companies or one, it's one company or none. And the "approval" is not a straight approval, it would require them to set aside a quarter of their bandwidth for their direct competitors. Which brings up an interesting point. Who has forced this issue to be delayed through various government agencies over the last two years? The National Association of Broadcasters. Not some consumer interest group, but an organization representing some of the largest companies in the country, who will be hurting most from this decision. Not because it's creating a monopoly, but because it has the potential to break the attempted (and FCC approved) monopolies of its clients in regional markets.

  12. Internet Radio by Strange+Ranger · · Score: 2, Informative

    When you can stream a seemingly unlimited supply of internet radio straight to most connected devices, like the iPhone for one...
    satellite radio seems almost quaint. How long will it be before "internet radio" puts satellite radio totally out of business?

    BTW, for iPhone and iPod touch users, here's a good place to start:
    http://www.seeqpod.com/

    If you just want a radio gadget, there seem to be a few good ones available now:
    http://www.google.com/search?client=googlet&q=portable%20internet%20radio
    Of course with these you can't play "kill your battery" using them over a 3G network... but then there's always the next thing..

    --

    Operator, give me the number for 911!
  13. Stern: I Will Never Vote For a Democrat Again by Coolhand2120 · · Score: 3, Informative
    Howard Stern has some pretty choice words about the FCC's decision here: http://www.businessandmedia.org/articles/2008/20080724152511.aspx

    Stern took it a step even further and called Democrats on the FCC "communists" and referred to their tactics as "gangsterism."

    I don't necessarily agree with Stern, just adding some relevant info.

  14. Re:WTF??? by Enry · · Score: 3, Insightful

    For crap's sake, their competition has hardly changed since they came out with their product - radio and TV aren't getting any "more free" after all and my internet bill has yet to go down.

    Aside from the arrival of HD Radio, the explosion of ipods and MP3 players, and Internet Radio, you're right.

    Last, from TFA: "The companies said they would introduce radios that receive both XM and Sirius channels." If memory serves, they said the same 10+ years ago. Can someone tell me why companies are allowed (seemingly encouraged) so often to act like petulant 5 year olds?

    Given neither Sirus nor XM were broadcasting until 7-8 years ago, I'm not sure how you could have heard that, or thought they would make compatible radios.

    Correct me if I'm wrong, but translated that means in at most another 10 years, SeriousExcem is already going to have to start replacing these satellites. Of course, none of the existing satellites will have a problem in the mean time.

    That's why at least XM and I think Sirius have launched new satellites recently, and yea, the life expectancy is about 20 years. So what?

  15. give them a cookie! by v1 · · Score: 2, Insightful

    Tate had insisted that the companies settle charges that they violated FCC rules before she would approve the deal. The companies agreed this week to pay $19.7 million to the U.S. Treasury for violations related to radio receivers and ground-based signal repeaters.

    Oh well that's different! They agreed to pay their fines! We should give them a reward for being such good little boys.

    And when I go downtown to pay my speeding ticket I expect nothing less than a thank-you card and a candybar.

    What's WRONG with these people?

    --
    I work for the Department of Redundancy Department.
  16. Monopoly by qbzzt · · Score: 4, Informative

    Depends on how close is the substitution. If Ford was the only company making cars, and the other options were walking and horses, they'd be a monopoly. If Ford ward the only company making SUVs, but you could buy cars and minivans from other sources, it wouldn't be a monopoly in any meaningful sense of the word.

    Apple is the only company making Macs, but they don't have a meaningful monopoly because you can always use a PC.

    --
    -- Support a free market in the field of government