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S&P CONTINUES TO SEE MIXED SIGNALS ON PENDING SATELLITE RADIO MERGER

XMSR; $14.17

SIRI; $$3.40

XM and Sirius set Nov. 13 for a vote on pending deal; we still see regulatory uncertainties. While a post-merger a la carte plan could soothe some anti-trust concerns, it is not clear from recent Washington comments how far the gesture could sway authorities. We note continued stiff opposition amid copious filings and cross-filings since the February, 2007, merger proposal. We expect the Justice Dept.'s ruling in the weeks ahead, followed shortly by the FCC's, to bear on the potential issue of satellite radio market definition. Meanwhile, ahead of third quarter, fundamentals seem less than compelling. /T. Amobi, CPA, CFA

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