Justice Department Clears Sirius Merger With XM
Satellite Radio Firms Await FCC Decision on Deal
By SARAH MCBRIDE and JOHN R. WILKE
March 24, 2008 4:33
Free Preview - WSJ.com
excerpt:
The Department of Justice approved the merger of satellite radio companies Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc., marking a big step forward for a long-running Wall Street cliffhanger that comes more than a year after the deal was struck.
The merger also requires approval from the Federal Communications Commission. While it is unlikely that the FCC will go against the Justice Department's ruling, it has the power to impose conditions that might make the controversial merger slightly more palatable to the groups lined up against it. A ruling from the FCC is expected in coming weeks.
Still, the hardest work could lie ahead for the two companies as they work to meet the high expectations among both subscribers and investors for a combined company that faces stiff competition from traditional broadcasters, iPods, mobile phones and other emerging ways for consumers to receive music and other programming.
The companies proposed their merger in February 2007, when it was considered extremely ambitious, largely because it was seen as creating a satellite radio monopoly that regulators would be unlikely to approve. Since then, however, the companies have argued that the satellite radio services compete not just with each other, but with all kinds of audio entertainment, starting with regular radio stations.
Now, Sirius and XM will have to prove that their merger will lead to all the benefits they outlined as they sought approval. Some will be fairly easy to implement. For example, the companies promised tiered pricing, allowing consumers who listen to just a few channels discounted rates. Currently, each service costs $12.99 a month.
But other promised changes might prove trickier. For example, Sirius and XM said their subscribers would be able to receive programming from either service, without having to purchase a new radio receiver. Currently, each service is incompatible with the other company's receivers.



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