State AGs Appeal to Wild-Card FCC Commish: Oppose Satcaster Marriage

A group of state attorneys general have asked FCC commissioner Deborah Taylor Tate to oppose the merger of Sirius and XM Satellite Radio, saying a deal would be a “stacked deck” to consumers.

In a phone call to Tate July 1, the AGs said that, despite voluntary conditions the companies have agreed to, a merger would still be a bad idea, writes Adweek. If, however, the commissioner should approve the deal, they urged her to approve it only if it included a condition that would set aside at least 20 percent of the frequencies the combined companies would use for a third party.

FCC chair Kevin Martin said last month that he supported the merger and hoped his colleagues would do the same. It is unclear where the votes lie, though the commission’s two Democrats have been wary of a deal, while Republican commissioner Robert McDowell has been more open to it. Tate is considered the commission’s wild-card member.

Last month, a group of senators sent a letter to FCC chair Kevin Martin, saying they believe the merger conditions set forth by Martin don’t go far enough.

Senators John Kerry (D-MA), Claire McCaskill (D-MO) and Ben Cardin (D-MD) said the proposals “fall short of what is necessary to permit the commission to conclude that the proposed merger meets the public interest test, as required by the Communications Act.”

The Justice Department approved the merger in March.