Sirius XM Radio (SIRI)

modern market for audio entertainment services in which satellite radio competes for listeners has significantly evolved in the past ten years and is now extremely competitive.¹⁵⁹ Such changed market conditions provide the “good cause” necessary to waive the rule and indicate that neither the underlying purpose of the “rule” nor the public interest is served by strict application.¹⁶⁰ Similarly, processing of this Application allows the FCC to collect “the relevant information [on competition faced by satellite radio] necessary [for] mature and fair consideration” of the requested rule modification and provides an open forum for all interested parties, including those “most immediately affected,” to be “accorded a full opportunity to be heard.”¹⁶¹

          Accordingly, because the benefits outlined above indicate that the proposed transaction is in the public interest,¹⁶² the Commission should either waive or modify any uncodified rule in the context of its adjudication of the merger without commencing a separate rulemaking.¹⁶³ To

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