“Chairman Martin has been a longtime participant in Aspen
Institute forums,” said Charles Firestone, executive director of the
Program. “We look forward to working with him and to the advice he will
give us.” Firestone also noted the past participation of the
anticipated next Chairman, Julius Genachowski, in the Aspen Institute
Forum on Communications and Society (FOCAS), an annual summer
conference in Aspen, pointing out the non-partisan nature of the Program. 

“I have long enjoyed and respected the Communications and
Society Program,” Martin said, “and will relish the opportunity to
reflect on the nature of leadership that I exercised in this field for
the past several years.”

According to reports Martin will step down as FCC Chairman next Tuesday.

In his letter of resignation to President Bush, Martin pens: “As a
result of the market-oriented and consumer focused policies we have
pursued the American people are now reaping the rewards of convergence
and the broadband revolution including new and more innovative
technologies and services at ever-declining prices.”

Later Kevin, you will not be missed.

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]

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.

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:

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/

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.

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.

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.