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February 9, 2010

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Attorneys General Weigh In On XM-Sirius Decision

COLUMBUS, OH -- March 27, 2008: Ohio state Attorney General Marc Dann and the attorneys general of Missouri, Connecticut, Nevada, Iowa, Oklahoma, Maryland, Rhode Island, Utah, Mississippi, and Washington have written to FCC Chairman Kevin Martin to express their concern about the proposed merger of XM Satellite Radio and Sirius Satellite Radio and to ask that the FCC address issues they believe the Department of Justice did not address when it approved the merger last week.

In a March 27 letter to Martin, the attorneys general say they are "disappointed" that the DOJ approved the merger without "appropriate terms and conditions that would reduce the proposed transaction's anticompetitive impact, such as the divestiture of spectrum to allow the entry of a new entity into this market."

The attorneys general urge the commission to address those issues as it considers whether to approve the merger and to "give due consideration to the many concerns of the states." The letter continues, "Our offices stand ready to share with you our thoughts on the potential value of various remedial conditions available, such as mandatory publicly available interoperable receivers, a la carte pricing, and divestiture of spectrum."



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