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FCC digs deeper on XM Satellite merger with Sirius

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The FCC is not done examining the merger of XM Satellite Radio (NASDAQ: XMSR) and Sirius Satellite Radio (NASDAQ: SIRI). It sent detailed questionnaires yesterday seeking new information from both companies.

According to The Wall Street Journal the inquiries could "provide an indication of areas where the FCC could ask for concessions as part of any satellite-radio merger approval."

When the merger was first announced, shares of both companies rose. And each time there is a positive indication that the government may approve the merger, they jump again. But the rallies are short-lived. Third quarter earnings from the two satellite radio companies were modest.

The merger also may not look as good financially as it did at first. The companies do not have entirely compatible technologies, which means some redundant costs may stay in place for years. The sat radio stars, like Howard Stern, may want more money if their programs run on both services. Each firm has contracts with the major car manufacturers; it is not clear how those will be sorted out.

The unspoken driver of the merger is the one billion dollar plus debt that both companies carry. A consolidation that would cut costs might help the companies with their crushing debt service. But the longer the merger is delayed and the more time management has to spend on the FCC matters, the weaker the two companies become. Earnings for the third quarter showed that neither is a booming business right now.

Douglas A. McIntyre is an editor at 247wallst.com.

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Last updated: November 25, 2009: 02:07 PM

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