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This excerpt taken from the SIRI 8-K filed Mar 21, 2007. AT&T/BT
Order, 14 FCC Rcd at 19,157 (¶ 40).
119 The Commission should review the proposed transaction in light of this evidence of intense competition in the audio entertainment market, not in light of precedent from another context. Although some have suggested otherwise, the Commission’s review of the proposed merger of DIRECTV and EchoStar in 2002 provides no guidance to the analysis applicable here, as many facts about the services and the competitive landscape are different. For example, the marketplace for audio entertainment services today is far more competitive than the Commission determined the relevant video market to be in 2002, eliminating the concerns that the Commission noted in its other decision. 120 See, e.g., Verizon-MCI Order, 20 FCC Rcd at 18,515 (¶ 159) (noting that a merger was “not likely to result in anticompetitive effects given the relatively low market shares of the Applicants” in the relevant market). 40 will be unable to exercise market power against consumers or other providers of audio entertainment services, let alone dominate the market. First, as discussed above, the two satellite radio providers currently have only a very small share of the audio entertainment market—combined, they account for just 3.4 percent of all radio listening.121 Even the combined company would serve only a fraction of the consumers who purchase or use audio entertainment services.
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