The Justice Department approved the merger in March. But FCC Chairman Kevin J. Martin, a Republican, had said the deal faced a high hurdle with him because the commission barred any merger when it allocated the airwaves for satellite radio in 1997.
Martin announced his support for the merger last month after Sirius and XM agreed to freeze subscription rates for three years, offer cheaper packages of stations, sell radios that could receive both services and set aside 4% of their channels for noncommercial and minority programming.
With Martin's fellow Republican Robert M. McDowell supporting the merger, Sirius and XM needed one more vote. Martin's conditions were not enough for Democratic Commissioner Michael J. Copps, who voted against the deal this week. Democrat Jonathan S. Adelstein proposed tougher conditions, including a six-year price freeze and a requirement to set aside 25% of the channels for noncommercial and minority programming.
Adelstein said Wednesday that he also voted against the merger. But he hinted that approval was close, saying, "It appears they're going to get a monopoly with window dressing."
"We missed a great opportunity to reach a bipartisan agreement that would have benefited the American people," Adelstein said.
--
jim.puzzanghera@latimes.com
