The NAB has asked the FCC to release information related to XM and Sirius's violations of FCC rules governing FM modulators and terrestrial repeaters.
The Nab has said that, "The information at issue here is inextricably linked to the pending application of XM and Sirius to merge"
NAB Executive Vice President of Media Relations Dennis Wharton said, "XM and Sirius may operate above the Earth, but they are not above the law. Their continued reluctance to fully disclose key facts related to past violations is yet another example of why these two companies should not be trusted with monopoly power."
Although their line about “above Earth, but they are not above the law” is catchy I don’t think it holds much water. Neither Sirius nor XM are evil empires looking to take over the world by any means possible. The major decision makers are well educated on the issue at hand and I hardly think they need the help of the NAB to educate them when it comes to either allowing or rejecting this merger.
[NAB Filing (PDF)]