According to USA Today, Apple (NASDAQ: AAPL) and AT&T (NYSE: T) are expected to saunter up to the Federal Communications Commission (FCC) and explain why they will not allow Google's (NASDAQ: GOOG) free Google Voice application on the iPhone.

The problem is that Google is throwing stones while it lives in a glass house. Let me explain here -- Google has done the same thing to Skype when it blocked it from use with Google Android. This is truly the pot calling the kettle black, as Google is getting a taste of its own medicine. The question is, why can't these kids get together and play nice?

Google (NASDAQ: GOOG) is setting up a new tool to allow people online to measure whether their broadband provider is cutting down the speed of their access to the internet.

According to Reuters, "Google is looking to encourage network neutrality and prevent Internet service providers from blocking bandwidth-heavy sites." That is probably good news for consumers, but it is bad news for broadband providers like Comcast (NASDAQ: CMCSA) who have limited capacity in their network infrastructures.

It is the dream of almost every mobile PC users that at some point the broadband airwaves will be free. No more connecting to one expensive WiFi service at one airport only to have to pay for another at the next stop. No more expensive 3G service.

The day may be coming. According to The Wall Street Journal, a new FCC "report clears the way for the FCC to move forward with a plan to auction off airwaves to a bidder who agrees to offer free, national wireless Internet service."

Although the study indicates that most wireless carriers will not be hurt by the program, that is almost certainly not true. By many estimates the free service will be available to 50% of the US population in four years.

The new plan may well do some significant damage to major cellular and WiFi providers. Free is free, and $59 a month can be expensive. How many people will opt to pay for service when they don't need to?

The other industries that could experience some level of harm are the cable companies and telecoms, which offer wired broadband to the home. A good wireless alternative may allow some people to cancel those services.

The FCC regulates the wireless and wired communications companies. Now it means to undermine them.

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

First Comcast (NASDAQ: CMCSA) tried to cut off customers using peer-to-peer file sharing services. They ate up too much bandwidth and slowed down the cable company's network. At least that is what Comcast said.

The FCC did not like the Comcast approach and asked it to fix the matter. Comcast still says it has congestion problems and wants to handle them using a new method. According to Bloomberg, the cable guys "plans to slow service to its heaviest Internet users during periods of congestion after regulators ordered the company to devise a new method for managing its Web traffic."

If the traffic load in one area of the network becomes too great, big users could see their service dialed back to slower speeds for as long as 20 minutes.

Consumers will get bent out of shape because they reason that everyone should have unlimited access to the Internet, especially if they are paying $30 a month for broadband. But, that avoids an acknowledgment of the practical parts of the system. Internet "pipes" are only so big. If they become clogged, none of the users win.

The Comcast plan is fair and reasonable. If people want super-fast speeds all the time, they should pay for it. That is the only way for the cable company to undertake the work of upgrading its network without hurting its shareholders.

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

The FCC is looking at using part of the TV signal spectrum to provide wireless high-speed internet. It is a brilliant idea that is being opposed by a large part of the television industry.

According to The Wall Street Journal, "The Federal Communications Commission will have the final say in the battle between the broadcasters -- which fear interference on the airwaves they'll still be using -- and the companies including Google Inc (NASDAQ: GOOG). and Motorola Inc. (NYSE: MOT) that want to share the television airwaves."

The fight is a classic example of old media not wanting to give up something that it has "owned" for years because it may help new competition.

Tough luck. Broadband adoption in the U.S. is behind several countries in Europe and Asia, and if the FCC can offer an inexpensive solution to that, it should. The new over-the-air system would have many of the benefits of Wi-Fi, but would be more broadly available.

TV broadcasters say that the new technology could interfere with their signals, but testing can demonstrate whether that is true or not. The FCC has the chance to move broadband adoption forward with one spectacular decision. It should not balk at the chance.

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

Three of the commissioners of the FCC have voted on the Sirius (NASDAQ: SIRI) merger with XM Satellite (NASDAQ: XMSR). Two have voted in favor, and one has voted against. That leaves two other votes. In other words, the deal could still be killed.

One of the remaining commissioners has indicated that he would vote for the merger if the companies would agree to a six-year price cap on their services. According to The Wall Street Journal, "The offer was viewed as an attempt to start negotiations, but the companies so far are showing little interest in haggling."

Is it any wonder? The most recent earnings reports from the two companies indicate that, while their losses are getting smaller, their subscription growth rates are slowing. Each firm has more than $1 billion in debt and neither has ever had an operating profit. In other words, if the companies cannot raise their rates the chances of them becoming profitable are significantly curtailed.

The FCC may be putting Sirius and XM in an almost impossible position. If they are willing to make moves which could hurt their earnings longterm, they may get the votes they need for approval. If not, the merger could be scuttled.

The future of satellite radio is now based on two bad outcomes.

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

Too many parties have too much to lose to let this one go through without a fight, TheStreet.com's Jim Cramer says.

No, it is not over. If there is one thing we have learned about Sirius (NASDAQ: SIRI) (Cramer's Take)-XM (NASDAQ: XMSR) (Cramer's Take), it is that at every step of the way, people have to try to block it or at least hold it up to the point that someone goes out of business. This is a deal, now much longer in passing than Exxon and Mobil, that still has congressional meddling even right now, still has rearguard activists who might fight the merger on the commission itself even though the FCC's staff has said yes.

Lots of people are confusing the issue of the merger benefits with the merger itself. The benefits will be helpful down the road on both the revenue and the costs, and the caps won't mean that much. What matters, plain and simple, is refinancing. Both companies are always in danger of running out of money.

However, if you know that three years hence -- after the frozen period during which service fees cannot be increased -- the two companies can begin to offer extreme cable pricing, you can go hat in hand to the Street with a good bond deal that people will no longer feel could default.

After months of being "almost" approved, it looks like the FCC may give the merger of Sirius (NASDAQ: SIRI) and XM Satellite (NASDAQ: XMSR) its green light. According to The Wall Street Journal, "The staff of the Federal Communications Commission has proposed that the agency approve the merger."

The two companies may have to negotiate with the agency on pricing before a final approval is issued. The FCC may put caps on what the newly formed company can charge consumers for the service and satellite receivers may be part of that process.

The real question is whether the approval will come too late to save the companies. Because they operate on different technology platforms, it could take over a year for the merger to gain real cost savings. Worse, each company has over $1 billion in debt. Neither has ever made an operating profit.

Satellite radio is also up against new competition for HD radio and portable media players and multimedia cell handsets. Many of the satellite radios are sold in new cars, but auto sales are down sharply.

Getting an "OK" may be better than the months of waiting had been, but the firms may already be in too much trouble for it to matter. .

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

Kevin Martin, the chairman of the FCC, has made it his business to try to cut the costs that customers are charged when they cancel their service before the end of a contract. According to The New York Times, "Mr. Martin's plan would require that fees be related to the actual cost of the phones. A fee for a $50 phone would be higher than for a $5 phone." It would also take into account how many months a customer had left on a contract.

The cellular companies, including Sprint (NYSE: S), spend a lot of money on their poor customer service. They ought to have a chance to get some of that back when a customer walks. It probably also costs the firms money to reconnect all of those dropped calls.

The cellular companies do have initial costs to set-up service and billing when a new customer comes on board. The Martin plan does not appear to take that into account.

Just because the service is no good does not mean that the cellular provider is not out a lot of money to provide it.

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

TheStreet.com's Jim Cramer says the longer Sirius and XM Satellite have to wait for the FCC to rule, the worse things get for these stocks.

Worried.

Worried about the Sirius (NASDAQ: SIRI) (Cramer's Take) -XM Satellite (NASDAQ: XMSR) (Cramer's Take) deal.

This is a deal that should have happened when the Justice Department gave the nod to it. That non-political judgment should have been enough to make it work. But it's been stalled on the FCC's desk since then, and the comments I have heard are incredibly contradictory about when it might be approved, and if it will be approved at all.

FCC chairman Kevin Martin first indicated to people that he didn't even know if the deal would come up any time soon. Then yesterday he said it might come up this month, and they are working hard on it.

What's to work on?

Monday, June 9

• The Pediatric Ethics Subcommittee of the Pediatric Advisory Committee will meet at 8:30 am to discuss the application of 21 CFR 50.52 (Clinical investigations involving greater than minimal risk but presenting the prospect of direct benefit to individual subjects) to FDA-regulated research. The discussion will be illustrated with hypothetical case examples of research involving HIV vaccines in adolescents and controlled trials of inhaled corticosteroids in children with asthma.
• Texas Instruments (NYSE: TXN) to give mid-quarter update at 5:00 pm.

Tuesday, June 10

• The Pediatric Ethics Subcommittee will meet at 8:00 am to discuss the application of 21 CFR 50.52 to FDA-regulated research illustrated with a hypothetical case example of research using stem cells for treating periventricular white matter injury in children.
• Cisco Systems (NASDAQ: CSCO) to hold conference call at 11:00 am to discuss business video innovation.
• Varian Medical Systems (NYSE: VAR) to hold mid-year review meeting at 12:00 pm.

The satellite radio business could be in such sad shape that a merger between Sirius (NASDAQ: SIRI) and XM Satellite (NASDAQ: XMSR) may not do either much good. Neither has ever made a net profit. Their subscription growth rates are slowing. And, each has well over $1 billion in long-term debt.

Goldman Sachs recently said the combined company might need to raise $500 million to $1 billion to fund operations.

The editors at The Wall Street Journal figured this all out, perhaps a bit later than most. According to the paper, "The nation's only two satellite services are growing slower than previously while the broader economy is in a slowdown. Fewer people have been buying new cars, which is where the companies derive the bulk of new subscribers."

While the data may be obvious, the conclusions may not be. Companies with over $1 billion in debt and huge operating losses often do not make it, at least not in their current form. If the FCC does not approve the deal or puts a number of restrictions on it, one or both of the companies may have to seek the protection of Chapter 11. Huge debt service against no profits can do that.

Douglas A. McIntyre is an editor at 247wallst.com and author of the Ten Stocks Under $10 letter.

Consumer electronics retailer Best Buy, Inc. (NYSE: BBY) didn't really like the FCC's idea that it label all analog TV sets with a warning label -- something I posted on a month ago. In fact, the retailer is now challenging the FCC's authority to require retailers to slap those "Warning: Analog TV" stickers on those retail shelf boxes.

The FCC seems to believe it will be Y2K all over again when the analog television frequencies are vacated next February for all those who receive TV signals via antenna. Standard issue for the federal government, I suppose. Best Buy not only doesn't want to have even more labels and customer communication littering up its stores, but it argues that the fines levied by the FCC for the non-use of these stickers are invalid as well.

Best Buy was fined $280,000 and Wal-Mart Stores, Inc. (NYSE: WMT) was fined $992,000 for failing to include these analog TV stickers on the appropriate products. Wal-Mart had not decided what its plans were yet, but my guess if that it will unite with Best Buy to present a huge challenge to the FCC's authority. Best Buy's biggest argument was that retailers are not commission licensees by the FCC --- so how can the FCC impose fines? There are quite a few more arguments being made by Best Buy that should hold up in a court of law easily if it gets to that.

One would think that the recent FCC auctions of the about-to-be-abandoned analog TV airwaves would give enough cash back to the FCC's coffers than stupid fines like this. Apparently not.

Monday, May 12

• Sprint Nextel Corp. (NYSE: S) to report Q1 earnings; conference call at 8:00am.
• W.W. Grainger, Inc. (NYSE: GWW) to hold sales conference call at 8:00am.
• XM Satellite Radio Holdings, Inc. (NASDAQ: XMSR) and Sirius Satellite Radio, Inc. (NASDAQ: SIRI) to report quarterly earnings; the conference call is at 10:00am for XM and at 4:30pm for Sirius.

Tuesday, May 13

• Wal-Mart Stores, Inc. (NYSE: WMT) to report Q1 earnings; conference call at 7:30am.
• Toll Brothers, Inc. (NYSE: TOL) to report preliminary Q2 results and outlook at 2pm.
• Applied Materials, Inc. (NASDAQ: AMAT) to report Q2 earnings; conference call at 4:30pm.

Wednesday, May 14

• FCC Open Commission Meeting at 9:30am.
• SEC Open Commission Meeting at 10:00am.
• Macy's, Inc. (NYSE: M) to report Q1 earnings; conference call at 10:30am.
• Agilent Technologies, Inc. (NYSE: A) to report Q2 earnings; conference call at 4:30pm.

Rupert Murdoch is facing off against the Federal Communications Commission (FCC) as he seeks to take control of two TV stations and three newspapers in New York -- including Newsday -- The New York Times reports. A December 2007 FCC rule allows a company to own just one paper and one television station in the same city in the top 20 markets so long as there are at least eight other independent sources of news and the station is not in the top four. (The stations that News Corp. (NYSE: NWS) controls are the fourth- and sixth-largest in the New York market).

Meanwhile, I am fascinated by the Wall Street Journal's [subscription required] coverage of the departure of its own managing editor, Marcus Brauchli, yesterday. The punch line was that everything is fine because Brauchli was simply doing what the boss wanted. Brauchli's new role? Providing "guidance to senior management in a wide range of areas," including whether Murdoch's Star-TV service in Asia should launch a business-news channel. Sounds like a good fit.

In contrast to the Journal's corporate press release on its page one, The New York Times reported that Brauchli was fired. It noted that a few weeks prior to his departure, Murdoch's henchmen indicated they were unhappy with the pace of change at the Journal. The Times wrote: "At some point, They told him, 'We don't think this is working,' and Brauchli replied that in that case, he should consider leaving."