In a filing with the FCC the Consumers Union and Consumer Federation of America are seeking that highly confidential information of Sirius and XM be brought to light for public inspection. It is the contention of the organizations that the redacted information about the interoperability issue carries great importance to the merger process.

One thing that is often of concern when this issue arises is what the "INTENT" of the FCC interoperable mandate was, and what was required of the companies. Sirius and XM have stated in the past that they were in compliance with the mandate and certified that this was the case. The FCC has never rendered a decision on whether or not the companies are or are not in compliance. This puts the interoperable issue squarely onto the FCC.

Whether an interoperable device would have changed the subscriber picture also needs to be considered. In other words, what would the crossover have been? If such a device were to have been brought to market, it would appear that the crossover would not have been very big. Even today with inexpensive receivers, and no penalties for leaving a service, consumers are not switching between Sirius and XM.

Consumers Union does issue some valid considerations, but their criticism of the interoperable mandate should be pointed as much if not more so in the direction of the FCC for their lack of rendering a decision on the documentation Sirius and XM have supplied.

Consumer Union Filing

Position: Long Sirius - XM