Year ends without XM/Sirius decision

The year ended without a decision from government regulators on whether satellite radio companies XM and Sirius will be allowed to merge.

Company executives from both D.C.-based XM and New York-based Sirius had been saying for months that each expected a decision on the proposed merger, which must be approved by the Federal Communications Commission and the Department of Justice, by the end of 2007.

The expectation was reinforced by a 180-day review period the FCC gave itself to come up with a decision; the clock on that period ran out Dec. 4.

But Shaun Parvez, an analyst with Cowen & Co., said Monday the period was more of a guideline than a firm deadline.

“It’s not uncommon for these deals to go past the 180-day mark,” Parvez said.

XM spokesman Chance Patterson said Monday that the company still expected a decision in a matter of weeks and was confident the merger would be approved.

Parvez said a decision could come in weeks or even months, but also was bullish on the idea of an approval.

“The chief obstacle was for the companies to define their market broadly versus narrowly, to include the Internet and MP3 players as competing for listenership,” Parvez said. “And how could anyone say that XM and Sirius don’t compete with AM and FM radio and iPods? It’s obvious.”

Parvez said that the FCC had approved mergers with similar parallels in recent months, such as Whole Foods’ acquisition of rival Wild Oats.

FCC spokeswoman Mary Diamond said the agency cannot comment on pending decisions.

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