Straight from the FCC website is the official announcement from the FCC green lighting the merger of Sirius and XM.

The Federal Communications Commission gave the merger a green light late
Friday after Commissioner Tate voted to approve it,
breaking what had been a 2-2 tie, according to published media reports.

Tate’s blessing came only after the companies agreed this week to pay a
total of $19.7 million to the government for violations of FCC rules,
according to the Associated Press.

Conditions on the approval
included a series of consumer protection conditions, including a
three-year cap on prices, setting aside 8% of their channel capacity
for minority and non-commercial programming and payment of a $19.7
million penalty for past FCC rule violations, reports Reuters.

The joint company will have
to build radios that receive both Sirius and XM. Also, FCC will conduct
an inquiry into whether HD terrestrial radio signals can be built into
all satellite radios.

“I think it’s going to be, in the end, a good thing for consumers and
be in the public interest,” Federal Communications Commission Chairman
Kevin Martin told The Associated Press. “Consumers will enjoy a variety
of programming at reduced prices and more diversified programming
choices.”

It’s about damn time!!!!!!

More reports as the work week gets into gear.

I’m sure there will be allot to report on in the following weeks. Everyone have a great weekend.

The merger had still not been voted on this Friday morning as everyone was expecting. Apparently there is a hold-up on a vote by the
commissioners on a consent decree.

Even thought Martin was expected to sign off on the merger there is a thought that the hold up could be administrative or strategic. A source said commissioner Deborah Taylor Tate was not planning to vote
on the merger until that enforcement action was taken, and she already
cast her vote for it. Commissioner Robert McDowell also voted to
approve it.

That leaves the only vote left (Martin) to finally end this extremely long merger process.

The two commission Democrats haven’t voted on the enforcement action and they are already on record opposing the
merger, so they are unlikely to tip the balance even if they agree that
the companies should pay a combined $20 million for the
violations related to the placement and power levels of equipment.

I guess we will be waiting until next week to finally get a word on this. Or maybe two weeks from now, or three?
The way this has been going nothing would surprise me anymore.

[Via: B&C]

From Sirius Investor Relations Website:

XM Satellite Radio Holdings Inc. and SIRIUS Satellite
Radio today confirmed that the companies are in
discussions with the Enforcement Bureau of the Federal Communications
Commission to settle outstanding enforcement matters.

As
previously disclosed by the companies, in 2006, the FCC commenced
investigations regarding the compliance of certain radios that include
FM transmitters with the Commission’s rules, and the compliance of
certain terrestrial repeaters with the special temporary authority
granted by the Commission. The companies hope to enter into a Consent
Decree with the Federal Communications Commission terminating these
inquiries.

As part of a possible Consent Decree, the companies expect to agree, among other things, to:

– adopt comprehensive compliance plans, and take steps to address any potentially non-compliant radios
remaining in the hands of consumers;

–
in the case of XM, within 60 days of the order adopting the Consent
Decree, shut down 50 variant terrestrial repeaters, and shut down or
bring into compliance an additional 50 variant terrestrial repeaters;

–
in the case of SIRIUS, bring into compliance or shut down up to 11
variant terrestrial repeaters within 60 days of the order adopting the
Consent Decree. These terrestrial repeaters were shut off by SIRIUS in
October 2006; and

– make a voluntary contributions to the
United States Treasury of approximately $17 million in the case of XM,
and approximately $2 million in the case of SIRIUS.

There can
be no assurances regarding the ultimate outcome of these enforcement
proceedings, including whether the FCC will approve Consent Decrees
under discussion with the companies.

This deal is done everyone. There is work coming in that Tate made her Yes vote. Official word soon.

According to the WSJ Commissioners at the Federal Communications Commission have reached a tentative deal to approve the proposed merger between Sirius and XM Satellite Radio.

Tate is expected to cast the final and deciding vote on the deal shortly, the officials said. In exchange for her vote, Ms. Tate and FCC Chairman Kevin Martin have been negotiating with the companies to pay upward of $20 million in fines for violations regarding tower locations and power limits, people close to the negotiations said.

Video below:

Sirius and Xm satellite radio announced this morning that they are in discussions with the FCC to settle the final issues pending to the merger.

After looking through various online sources it is known that FCC commissioner Kevin Martin said The Five member commission is set to approve the merger contingent on the two companies agreeing to meet certain conditions.

The final FCC vote (Tate) is expected to take place sometime today.

According to the statement released by Sirius and XM, the two companies
expect to agree to several conditions, including XM paying $17 million
and Sirius paying $2 million in “voluntary contributions” to the U.S.
Treasury.

The FCC has also had issues with several terrestrial, or land-based,
signal repeaters that the companies use to deliver their programming.
The FCC has argued that the repeaters can cause interference with
traditional land-based radio stations.

After the FCC approves the merger Xm has 60 days to shut down 50 Terrestrial repeaters or bring another 50 into FCC compliance.

After the merger Sirius is expected to shut down 11 repeaters by the end of the 60 days.

Updates as they come in.

Update 1

http://siriusxmnews.com/2008/07/update-fcc-commissioners-will-approve-xm-sirius-deal/

Republican commissioner Deborah Taylor Tate is the only FCC member left
to vote on the merger and she is expected to do so shortly, two FCC
officials close to the negotiations said.
She is expected to sign off
on the deal in exchange for a consent decree that resolves several
enforcement issues involving the satellite radio companies and a
combined fine of about $20 million, an FCC source close to the deal
said.

Tate has also asked for a variety of other minor conditions. Exact details about the deal are not known since FCC officials and
lawyers for the companies appear to still be working them out.

Tate’s vote would finally end the 13 + month review of the merger.
Her vote is critical for the approval since the rest of the
five-member board remained evenly split.

I’m thinking we will hear about her vote this week. This is the closest we have been in 13+ months.

It’s time to put this merger to an end. Whatever the outcome is it will be great to finally have an answer from the slow moving FCC.

Democratic commissioner Jonathan Adesltein voted against Sirius
Satellite Radio Inc.’s proposed takeover of XM Satellite Radio Holdings
Inc. This also means the vote on the regulatory body now stands at 2-2,
with Republican member Deborah Taylor Tate still undecided.

FCC
Chairman Kevin Martin and fellow Republican Robert McDowell have both
voted in favor of the deal. Democrat Michael Copps voted against it
Monday.

Adelstein’s vote puts even more pressure on Tate, who is
seeking resolution of a pending enforcement action against the
companies, according to public filings.

[Via Google]

The chairman of the U.S. Federal Communications Commission is close to securing the final vote needed to get majority support for giving conditional approval to Sirius Satellite Radio Inc’s purchase of XM Satellite Radio Holdings Inc, a source familiar with the merger review said on Wednesday.

FCC Chairman Kevin Martin is near an agreement to get the support of fellow Republican commissioner Deborah Taylor Tate, which would give him the three votes needed for approval of the deal on the five-member commission, the source said.

[Via: Reuters]

It’s getting down to the wire Guys and Girls. With this whole merger resting on Commissioner Tate I only hope she can make the correct decision and do what is best for these two struggling companies.

As soon as there is word of a vote from Tate I will post it up.

FCC Commissioner Copps has voted no on the current Sirius Xm Merger. Copps made his decision on
Monday, July 22nd. Copps no vote was the first no vote since the merger has been announced.

Now with Jonathan Adesltein’s no vote the fate of Sirius and XM lie in the hands of commissioner Tate.
Martin and McDowell and the only two commissioners to cast a yes vote in favor of the merger.

Here are a few of the top stories from this week pertaining to Sirius, Xm and the Merger.

I have also noticed a ton of talk this week about the iPhone killing radio. I wonder if the government or the FCC will end up looking into the impace the iPhone is having on Radio and Satellite Radio?

Georgetown Partners: Sirius Backseat TV Is Not ‘Ancillary’ Service
The private investment firm says Sirius’ use of its satellite radio spectrum for the Sirius Backseat TV service is a violation of its licensing rules and it has asked the Enforcement Bureau of the Federal Communications Commission to look into the matter.

Georgetown asked the FCC to order Sirius to “cease its unauthorized television broadcasting through appropriate orders after investigation,” according to a recent filing with the agency.
………

New Support, Stipulations for XM-Sirius Deal

A second Federal Communications Commission official has thrown his support behind the much-delayed deal between XM Satellite Radio (XMSR - Cramer’s Take - Stockpickr) and Sirius Satellite Radio (SIRI - Cramer’s Take - Stockpickr), although the merger saga may continue drag on because of new stipulations put forth by the regulator. ………….

uXM iPhone beta Released!

Millard Software has released uXM beta v .53 for for iPhone and iPod Touch today.

The application is for jailbroken iphones and allows you to enjoy XM Satellite Radio on your iPhone or iPod Touch as long as you have firmware version 1.1.4.

An XM subscription is obviously required…………..

Is the iPhone Killing Terrestrial Radio?

You have to just love it when a more well known industry expert and pundit than yourself says something you’ve been trumpeting for close to a decade. Today, I got that warm fuzzy feeling down in the cockles of my heart when Jeff Jarvis boldly proclaimed “tear down the broadcast towers!”.…….

I hope everyone has a great weekend, hopefully we will hear some good news about the merger next week.