The Federal Communications Commission on Friday formally approved
Sirius Satellite Radio's $3.3 billion buyout of former competitor XM
Satellite Radio with conditions.
FCC commissioners voted 3-2 to approve the merger, which will unite the
nation's only two satellite radio providers and allow more than 18
million subscribers to receive programming from both services.
Executives say that the merger will lead to huge cost savings and the
first profits in the industry.
Republican Commissioner Deborah Taylor Tate cast the tie-breaking
vote after the companies agreed to a three-year cap on prices, set
aside 8 percent of their channel capacity for minority and
noncommercial programming, and agreed to pay $19.7 million for past FCC
rule violations. The companies also agreed to bring interoperable
radios to the market within a year.
FCC Chairman Kevin Martin confirmed the final vote Friday night.
"The merger is in the public interest and will provide consumers
with greater flexibility and choices," Martin said in a statement.
The FCC was the final regulatory hurdle the companies needed to clear to move the merger forward. The deal, which was valued at $13 billion in February 2007 when it was announced, was approved by XM and Sirius shareholders last December.
Originally, the agency barred satellite radio companies from
combining. Critics said a merger would create a monopoly, but
executives argued that satellite radio faces more competition from
Internet music services, music playing phones, and online music stores
like Apple's iTunes that allow people to play music on iPods.
While the proposed merger sailed through a U.S. Department of Justice review without conditions, key congressional Democrats had urged the FCC to impose limits designed to protect consumers.