FCC seeks more data near end of XM-Sirius Review
Posted on Thu, 8 Nov 2007 04:00:00 CST | by Luigi Lugmayr
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By Peter Kaplan
WASHINGTON (Reuters) - Regulators reviewing Sirius Satellite Radio Inc.'s
proposed purchase of XM Satellite Radio Holdings Inc. are asking the companies
to turn over more information about the deal, as some analysts expressed growing
optimism that it will be approved soon.
The Federal Communications Commission has sent letters to the companies' lawyers
requesting documents on any marketing agreements they have with major retailers,
equipment and vehicle manufacturers and content providers.
The FCC request, from the agency's Media Bureau chief, also asked the companies
to provide information to back up claims that the merger will cut costs and
benefit consumers. It set a November 16 deadline for the companies to respond.
"It does mean FCC is getting closer to a decision," Stifel Nicolaus analyst
Blair Levin said on Wednesday.
The move could be an indication that the FCC is putting together a rationale to
the endorse the deal, Levin said. But more likely, he said, it's "just the
process playing out."
Sirius plans to buy XM in an all-stock deal worth about $4 billion. The merger
would combine the only two providers of satellite radio service in the United
States and has sparked concern among some U.S. lawmakers and consumer groups.
The FCC is reviewing the deal's impact on the public interest while the Justice
Department is examining whether it would raise antitrust problems.
The FCC's latest request comes at a time when some analysts are expressing
optimism that the deal will get the endorsement of the two agencies.
"It's looking more and more likely that the deal will get done," said Jessica
Zufolo, an analyst with Medley Advisors.
As evidence, analysts cite comments filed with the FCC, which include
expressions of support from some large electronics retailers and auto
manufacturers.
"That's clearly a positive sign for the merger," Levin said. "What that tells
the DOJ is that key distributors think that there are some efficiencies that
outweigh any competitive risk."
Analysts believe Sirius Chief Executive Mel Karmazin made great strides in
winning over the FCC during the summer when he announced a combined company
would offer to sell subscribers different packages of channels on an a la carte
basis.
The offer could be appealing to FCC Chairman Kevin Martin, who has been pressing
cable TV companies to offer their channels a la carte, analysts said.
"I think that moved the needle," Zufolo said.
Levin said a decision by Justice Department is likely by early December, and he
said the department is "more likely than not" to approve it.
While it is possible that staff lawyers at the department may oppose the deal,
they could be overruled by senior antitrust officials, Levin said.
If the deal is cleared by antitrust regulators, the FCC would probably give its
approval soon afterward, he said.
"If the DOJ says yes, we expect the FCC will focus attention on spelling out
conditions for the deal, and, while the vote will likely be close, will also
approve the transaction," Stifel Nicolaus said in a research note on Wednesday.
© Copyright 2007 Reuters.
Posted on Thu, 8 Nov 2007 04:00:00 CST | by Luigi Lugmayr
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