he's a good guy not a nut job and very pissed, sirius twisted and used the interoperal issue right up to the mention of merger and they even had the select satellite radio site unblocked and information was available on a timeline for 2006.
it even became very clear they were using the brockwell suit to protect managment and the company going forward for any merger related actions.
its never good when you try to strip your shareholders of due-process with a suit that should have been most likely tossed out.
you just dont wake up one day and think lets buy xm radio. it takes some time to study the best way to present your case. if you want to save all the combined spectrum.and get through the fcc process intact.
I do think management was less then honest and very selectively used words to suit their needs at will.
what was done is clearly wrong i dont care if they think they have a current loophole Because what they told the fcc and sec when they first filed is whats important. and if they had a change in concept to that understanding they were obligated to report it.
not just state no merger "no dual device" thats a complete load of crap.