Satellite Radio Merger: It's All Up to Tate

FCC Commissioner Jonatthan Adelstein has voted to oppose the proposed merger of XM Satellite Radio (XMSR) and Sirius Satellite Radio (SIRI), leaving the current tally tied at 2-2, with only Deborah Taylor Tate yet to decide. If she votes yes, the deal goes through. If she votes no, the deal would die.

According to Bloomberg, Adelstein said in a statement that the combination would create “a monopoly with window dressing.” Adelstein and Michael Copps, both Democrats, have voted no. Chairman Kevin Martin and Robert McDowell, both Republicans, have voted yes. That leave the decision up to Tate, a Republican.

Update:

FCC Chairman Kevin Martin is close to a deal with Commissioner Deborah Taylor Tate to provide the final vote needed to at long last approve the proposed merger of XM Satellite Radio (XMSR) and Sirius Satellite Radio (SIRI), according to Reuters.

Tate’s vote would break a 2-2 tie among the other commissioners, and split the vote on party lines, with Republicans voting to approve the deal, and Democrats voting no.

Comments

[tech man:]

SOMEONE OBVIOUSLY DID NOT LINE THE POCKETS OF THE DEMS ENOUGH. THIS IS AN OUTRAGE, AND DISGRACE. THEY ARE NOT LOOKING OUT FOR THE AMERICAN PEOPLE BUT FOR THEMSELVES. I AM ASHAMED OF THIS PROCESS THAT HAS HAPPENED. I HOPE COMM. TATE DOES THE RIGHT THING AND QUITS STANDING IN THE WAY OF THE AMERICAN DREAM OF AND THE PROCESS OF BUSINESS. THAT IS THE FREEDOM BREAKING THE MOLE AND BEING DIFFERENT, THAT IS WHAT OUR COUNTRY WAS FOUNDED ON. COMMISSIONER TATE, DO THE RIGHT THING. VOTE YES.. TECKMAN...

2008 Jul 23 04:56 PM

[Larry Crow:]

I don't believe any of you are outraged over principles or the morals of our government -- You're all upset only because you're long siri or xmsr and want to make your money. Wow, an FCC comissioner negotiating that the large corporations properly pay royalties to musicians? THEY MUST BE COMMUNISTS. I mean, why on earth would a public regulator care that companies she's supposed to regulate actually comply with the regulations. SHE MUST BE CORRUPT AND GETTING BRIBES! It's clearly the only answer. Sorry, I think it's great to see public officials worrying protecting the consumers and industries she's sworn to protect. I don't see how that's a problem, UNLESS IT'S INTERFERING WITH YOUR OWN PERSONAL PROFITS.

I'm long siri, btw. By buying in at different points I'm breaking about even today. I'm glad to make some money when the merger's approved. I'm also very glad to see the government upholding its responsbilities.

2008 Jul 23 05:08 PM

[screamer:]

Larry Crow, please tell us just how all this nonsense that has been going on for over a year has protected the consumer. That's rhetoric at it's best.

2008 Jul 23 05:32 PM

[svosavvy:]

Ahh come on

It's their ambitious 15 minutes of fame. After this they'll have to go back to the same old grind, being the swear word police. They remind me of the equivalent of Barney Fife, the overzealous town cop trying to make the big arrest.

2008 Jul 23 05:44 PM

[Freep:]

All that's left is for Cramer to give us a BUY BUY BUY and the pop will be heard around the world.

2008 Jul 23 06:11 PM

[svosavvy:]

amen freep

2008 Jul 23 06:13 PM

[Neal Barkett:]

I hope this finally happens! But what about the talk of the NAB trying for an appeal to stop the merger. If Tate votes yes, are we out of the woods? If the appeal sticks and can hold off the merger till a new administration takes over will the new commissioners of the FCC vote the same way? Not if the new admin. is Democratic! Again I'm a fan of the merger but am worried about this possible play by the NAB. Does anyone have any knowledge on this appeal process? Hope it has no teeth.

2008 Jul 23 07:33 PM

[screamer:]

Neal, it has already been argued in a lower court and should be upheld.

2008 Jul 23 08:11 PM

[User 231803:]

This really is crap. I mean really a bunch of buearocratic CRAP!!! This folks is and will not be a monopoly! Consumers have so much more to chose from than satellite radio! There is a ton of lobbying going on to block this merger--which buearocratic bribery at its best! It really scares me as far as the direction of this country is going. We seem to be heading more towards a socialist society over capitalism! That is not what this country is founded on people. EVERYONE needs to get off their lazy rears and start making things happen for themselves and stop depending so much on govt. to make decisions for us.

2008 Jul 23 08:34 PM

[shure46:]

I personally understand the comment about we care so much because we are long siri/xm ...BUT regardless of that , this has really been dragged out too long , and that's the truth whether I have a stake in it or not ......and after reading the latest news that the merger will be approved soon , I for one feel a huge relief !!!!!!! It has been a long wait , and I don't think it is wrong for us that have a stake to be annoyed at the lengthy delays .......well , things are looking much much better now .....time to make some money ...finally .......oh , and I am ecstatic that the NAB will not get their HD chips installed ......I am actually kind of happy to see the FCC didn't cave in on that ......and MEL ???? Ya done good buddy , now go kick some terrestrial ass !!!!!!!

2008 Jul 23 09:12 PM

[screamer:]

Since Larry Crow didn't answer me, does anybody want to enlighten me on how this is a monopoly?

2008 Jul 23 09:25 PM

[ScottsdaleBob:]

For me, I own SIRI long, and this afternoon I became long in XMSR. Making money aside, I am a Sirius subscriber, love the service and will be happy to buy a few more receivers finally if this deal comes to fruition. If you ask me, I think terrestrial radio/NAB screwed up by fighting it when they could have angled to be a part of it. As far as a monopoly? That's the best argument the NAB can come up with? Sad, sad, sad........

2008 Jul 23 09:46 PM

[Larry Crow:]

Well, Screamer, Larry Crow has a life outside of stock trading so apologizes for taking 3 hours to respond. I haven't followed this since the beginning, so I don't know all the history. I'm only pointing out that the FCC comm's holding out are highlighting regulatory issues and consumer protection, and people here are crying like it's un-American to uphold consumer laws and deter monopolies. If you want to now flame me for not knowing all the info (which I do not), then go ahead. But it's not the details, it's the principle -- People crying because their stock isn't going up, thinking that's more important than detering consumer abuses and monopolies.

2008 Jul 23 11:41 PM

[Slimsum:]

Larry Crow. Of course my stock going up and me making lots of money is more imporatant than detering consumer abuses and monopolies. What world do you live in anyway? Where everyone is fair and there are no short sellers? lol

2008 Jul 24 02:22 AM

[shure46:]

Larry Crow - it is not the concept of deterring monopolies that agitated the longs ( like me ) .....it is the length of time it took to see what we have known for months , a combined siri/xm is NO THREAT WHATSOEVER to consumers , and it was simply lobbyists holding up the whole show for a very very long time , while siri/xm hemmorraged financially , and stockholders can accept a beating on a companies performance or lack thereof , but watching 50,000 dollars evaporate just because some bureaucrats are taking their sweet time to make a no-brainer decision , gets a little annoying

2008 Jul 24 07:12 AM