Is there a rule prohibiting the two satellite radio providers from merging?
No. No rule barring such a merger has been published in the Code of Federal Regulations. Satellite radio is subject to the same rules governing transfers of control as other FCC licensees when it licensed satellite radio service in 1997, the FCC was not asked to rule on whether a satellite radio merger would serve the public interest. In its original 1997 order, the FCC noted that it wanted two satellite radio providers because it thought the companies would compete primarily with each other. Thus, the FCC did offer its view, based on competitive conditions at the time, that combining the two existing satellite licenses would not serve the public interest. Since that time, the options for audio entertainment have expanded greatly and the FCC’s policy statement simply no longer reflects the reality of today’s audio marketplace. As former FCC Chairman Reed Hundt recently told the New York Times, “I think we did the right thing to begin with. You wouldn’t want to change it if it weren’t f
