stamplaw
2007-05-24 08:26:42 UTC
The chairman of the U.S. Senate's antitrust subcommittee on Wednesday
urged regulators to block Sirius Satellite Radio's proposed
acquisition of XM Satellite Radio Holdings.
Democratic Sen. Herb Kohl of Wisconsin said he had sent a letter to
the Justice Department and the Federal Communications Commission
calling on them to oppose the deal on grounds that it would cause
"substantial harm to competition and consumers."
"Such a result should be unacceptable under antitrust law and as a
matter of communication policy," Kohl wrote to FCC Chairman Kevin
Martin and the Justice Department's antitrust chief, Thomas Barnett.
Sirius plans to buy XM in an all-stock deal worth about $4 billion.
The deal would combine the only two providers of satellite radio
service in the United States and has sparked concerns among some U.S.
lawmakers and consumer groups.
The deal is currently being reviewed by both the Justice Department
and the FCC, which issued both satellite radio licenses in 1997 on the
condition that the two companies would never merge.
Although they can exert political influence over the agencies
generally, lawmakers have no direct input into the decisions about
individual merger reviews.
In testimony before Kohl's subcommittee and other congressional
panels, Sirius Chief Executive Mel Karmazin has promised that the
combined company would not raise prices, and that customers would be
able to block adult channels and get a refund for those channels.
Karmazin has also argued that the deal would not be anticompetitive
because satellite radio faces competition from other forms of audio
like traditional AM/FM radio and personal audio players.
But in Wednesday's letter to the agencies, Kohl said he was
unconvinced. Terrestrial radio is too limited to compete with
satellite radio, while personal audio players cannot match the
programming of satellite service, he wrote.
"No other technology available today is a substitute for the satellite
radio," Kohl wrote.
Beyond that, Kohl said, other possible alternatives are years away
from being available to consumers.
"Uncertain promises of competition from new technologies tomorrow do
not protect consumers from higher prices today," Kohl wrote.
urged regulators to block Sirius Satellite Radio's proposed
acquisition of XM Satellite Radio Holdings.
Democratic Sen. Herb Kohl of Wisconsin said he had sent a letter to
the Justice Department and the Federal Communications Commission
calling on them to oppose the deal on grounds that it would cause
"substantial harm to competition and consumers."
"Such a result should be unacceptable under antitrust law and as a
matter of communication policy," Kohl wrote to FCC Chairman Kevin
Martin and the Justice Department's antitrust chief, Thomas Barnett.
Sirius plans to buy XM in an all-stock deal worth about $4 billion.
The deal would combine the only two providers of satellite radio
service in the United States and has sparked concerns among some U.S.
lawmakers and consumer groups.
The deal is currently being reviewed by both the Justice Department
and the FCC, which issued both satellite radio licenses in 1997 on the
condition that the two companies would never merge.
Although they can exert political influence over the agencies
generally, lawmakers have no direct input into the decisions about
individual merger reviews.
In testimony before Kohl's subcommittee and other congressional
panels, Sirius Chief Executive Mel Karmazin has promised that the
combined company would not raise prices, and that customers would be
able to block adult channels and get a refund for those channels.
Karmazin has also argued that the deal would not be anticompetitive
because satellite radio faces competition from other forms of audio
like traditional AM/FM radio and personal audio players.
But in Wednesday's letter to the agencies, Kohl said he was
unconvinced. Terrestrial radio is too limited to compete with
satellite radio, while personal audio players cannot match the
programming of satellite service, he wrote.
"No other technology available today is a substitute for the satellite
radio," Kohl wrote.
Beyond that, Kohl said, other possible alternatives are years away
from being available to consumers.
"Uncertain promises of competition from new technologies tomorrow do
not protect consumers from higher prices today," Kohl wrote.