While people still seem to feel that a merger decision from the Department of Justice may come any day now, the FCC still may have a ways to go, and in a filing with the FCC on March 5th, U.S. Electronics already has a meeting scheduled for next week.
In this latest filing, U.S. Electronics seems to have toned down an anti-merger stance and instead will be meeting with the FCC on the open device concession. Such a concession, which is also something that Public Knowledge, Media Access Project, the HD Radio Alliance, and others have proposed, would make it possible for many electronics firms to produce hardware that is capable of receiving satellite radio signals.
U.S. Electronics will be giving a presentation to the FCC next week.
At this point, it can be safely assumed that an open device concession is something that is being considered by the FCC. Sirius and XM have not really outlined a stance on the issue. This latest U.S. Electronics filing seems to have stepped away from previous posturing that the company was conducting, and instead seems focused on a particular concession.
In my opinion, an open device platform is something that should be explored, and such a concession would not be a deal breaker.
Position - Long Sirius, Long XM