Sirius and XM discuss FCC consent decree that could clear way for merger

By Julie A. Miller

Washington, July 24 - XM Satellite Radio Holdings Inc. and Sirius Satellite Radio said they are discussing a consent decree with the Federal Communications Commission that could settle pending enforcement matters and clear a major obstacle to the proposed merger of the two companies.

The FCC, which must approve the merger, has been investigating since 2006 the regulatory compliance of certain radios that include FM transmitters, and of terrestrial repeaters used to broadcast the companies' signals.

The companies said the decree would require them to adopt compliance plans and "take steps to address any potentially non-compliant radios remaining in the hands of consumers."

They would make "voluntary" contributions to the U.S. Treasury, $17 million for XM and $2 million for Sirius.

Within 60 days, XM would have to shut down 50 terrestrial repeaters and shut down or bring into compliance 50 others. Sirius would need to bring into compliance or shut down up to 11 of the devices.

Sirius is a New York-based satellite radio service provider. XM is a satellite radio services company located in Washington, D.C.

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