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EDITORIAL: Satellite radio deal

Common sense prevailed at the Justice Department back in March when officials there rejected the twin notions that satellite radio is either a dangerous would-be monopoly that needs to be "busted up" like Standard Oil, or else a vital public utility in need of micromanagement by regulators, akin to the local water works or electric company.

Instead, the Justice lawyers said the two existing satellite radio providers -- Sirius and XM -- could move forward with a proposed merger.


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  • "The likely evolution of technology in the future, including the expected introduction in the next several years of mobile broadband Internet devices, made it even more unlikely that the transaction would harm consumers in the longer term," the Justice Department said.

    Indeed, it's hard to imagine anyone for whom paid, mostly commercial-free radio is a "necessity." What might an evil satellite radio monopoly do? Force subscribers to listen to 150 channels of Christopher Cross, Neil Diamond and Barry Manilow?

    The usual suspects were up in arms.

    "If this is what our competition cops do, we might as well close shop and save taxpayers a few hundred million dollars, because they're not doing their jobs," said Gene Kimmelman, the Washington lobbyist for Consumers Union, nonprofit publisher of Consumer Reports magazine.

    Mr. Kimmelman was close to being right, but not in the way he thinks. In a market where competitors are free to enter, the "monopoly trust" that gains control of a market segment and then jacks up prices is a beast seen about as often as the Sasquatch. Effective monopolies grow dangerous only when supported by government edicts that limit or bar entry by new competitors. Look at the long-term price trends for air fares and long-distance phone service since those industries were at least partially deregulated.

    But if Mr. Kimmelman was close to right when he suggested regulators "might as well close shop and save taxpayers a few hundred million dollars," he'd be even more on the money if he were to apply this same advice to the Federal Communications Commission.

    The FCC was launched early in the last century to ration supposedly rare broadcast frequencies. Today, in an era when thousands of channels and data sources are available online, on cable and via satellite, the notion that consumer choice would somehow be narrowed by "allowing" Sirius to buy out rival XM -- when neither is currently making money -- is absurd.

    FCC Chairman Kevin Martin on Sunday bowed to the obvious, recommending approval of the $5 billion deal, but not without conditions. So, in order to be "allowed" to complete a merger that may let the satellite broadcasters stay in business, they must guarantee a three-year price freeze for customers and turn over 24 channels to "noncommercial and minority programming," as defined by the government. Yay.

    The delays and the posturing have been absurd. But, in the end, Mr. Martin has come down on the right side. His fellow FCC commissioners should promptly OK this long-delayed deal.

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    Report abuse

    Dr. C wrote on June 17, 2008 07:12 PM: I am so sick of Washington and the damn minority groups. John Conyers and the rest of those Democrats should be removed from office and the FCC board should all be fired. This is disgusting the way they have stalled and catered to their big dollar friends at the radio and tv companies and suck up to those minority groups. The hell with the special interests. This is exactly why america is becoming a third rate counrty. Dishonest government. All the companies should move to europe or asia and say the hell with the u.s. The global market is so much larger and stronger than the u.s. Now you have a clown running for President that wants to raise taxes on companies and business owners and play robin hood,thinking everyone should be the same. I will never ever vote democrat again. Impeach the entire fcc board for not doing thier job.


    Report abuse

    timinator wrote on June 17, 2008 12:42 PM: How can we arrange to have one of those FCC enforced "minority programming" channels reserved for those of us who still believe in limited government and Constitutional principles? We are certainly a minority.

    Ooops, I guess that would be taking advantage of government tyranny... never mind... I'll leave that to all the socialists/fascists out there.





    Report abuse

    Jeff wrote on June 17, 2008 12:22 PM: I am insulted daily when I read about this merger. I read all about how politicians are coming out against it saying that they are looking out for our interests. How insulting!!! Just like with oil, its sad to say that every elected official in the US makes a move for one reason, to fill his own pockets with cash, period! Just come out and admit that and I could appreciate the honesty and not feel insulted! The people in this country need to wake up and vote one way this November, everyone who holds office, vote for his opponent, send a message.
    Jeff, DE

    Jeff, Delaware


    Report abuse

    wildbill wrote on June 17, 2008 09:37 AM: As a Sirius subscriber, I was pleased to hear that the FCC is giving the "go ahead". The morons at Clear Channel had the highest rated personality (Stern) and lost him mainly because they wouldn't stand up to the facists at the FCC whenever they deemed something "inappropriate" by their so called standards and just paid the fine without a challenge. Clear Channel could have started a satellite system if the had the guts to invest but now they cry foul when they are losing money. Why is the Fed so interested? Because most of the esteemed "leaders" in this country are in the pockets of the broadcast industry. People do not NEED sat radio, they do need phones. We all saw how that deregulation worked out. No monopolies there right?


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    Rob L. wrote on June 17, 2008 09:34 AM: "Look what happened to TV cable after deregulation. Prices to the consumer have increased at a higher rate than general inflation. The number of cable companies has decreased as the big companies have bought off the smaller ones. There is little competition since most consumers have only one choice in their areas."

    George,

    Im curious as to where exactly you live... Every consumer in America has at least 3 choices; local cable, DirecTV and Dish Network.


    Report abuse

    The cable comment wrote on June 17, 2008 09:06 AM: George, I may be wrong, but cable companies still have defacto monopolies because of their franchise deals with cities. Other cable companies CANNOT compete in Las Vegas because Cox has the exclusive franchise.

    Satellite TV can compete, though, and you can see the effects in the ad wars between the two media.


    Report abuse

    Bob wrote on June 17, 2008 07:42 AM: When is the NAB going to pay royaities to artists like Sirius & XM do?Nancy Sinatra like her dad are right Terrestrial radio should pay artists for there music.


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    Dennis wrote on June 17, 2008 06:43 AM: These companies are doomed anyway, because it is not technology that is exclusive to either of them. The numbers indicate a loss of interest in satellite among radio listeners, not an increase. Listeners are finding they can already get a thousand times more commercial-free stations on the internet, by wi-fi and on their cell phones for a fraction of what satellite is charging, and still infinitely better than anything being offered on the FM dial locally. Let them merge, and let supply and demand take its course.


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    John wrote on June 17, 2008 06:43 AM: It's about time, even though the requirement of turning over 24 channels is puzzling. I'm sure Clear Channel, whose lobbyists have been stalling this merger, will have a say in what happens with these channels. I don't buy these arguments about limiting competition. Neither Sirius or XM are making any money, and without the merger, both would have eventually folded (and been picked up at bankruptcy by Clear Channel or another large radio consolidator,limiting competition even further). The comparison to cable tv is also flawed. I can listen to music, news, talk and sports programming (just about everything available on satellite radio)right now for free on a radio, an Ipod, or the internet. Nobody forced me to pay for my subscription, and there are still plenty of options for those who choose not to subscribe. And competition is increasing in the cable market. I live in the Kansas City area, and I have three companies (AT&T, Everest, and Time Warner) competing for my tv, phone, and internet services. It's only a matter of time until this type of service spreads to the rest of the country.


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    Travis wrote on June 17, 2008 06:07 AM: Excellent points bt. Don't you love the originality of big business. Instead of trying to improve the service, we'll concentrate on removing the competition.


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