It seems that there are people who love to speculate that the fact that the FCC has not yet started their timeclock carries some sort of indication relative to the merger. One popular site even quoted a mergers and acquisitions site as saying that “there is simply no way to view the delay in a positive light”

Interesting. We are in uncharted waters in terms of timetables and someone somehow jumps to the conclusion that the lack of the FCC clock starting can not be viewed in a positive light. HMMMM. How about this. It is neither positive nor negative. It is what it is. In fact, there has been no delay. The FCC has no time table to adhere to.

Now, if you have looked into the issue surrounding this merger you would also note that the FCC is already publishing comments from the public, and doing so PRIOR TO the review clock starting. This is again uncharted ground for the FCC. Does this mean that this aspect is positive or negative?

Let’s get realistic and apply some simple human nature to this situation.

  1. The FCC is not mandated to start the clock at any particular time.
  2. The mergers that have seen long periods before the clock began have all passed.
  3. Why would the FCC want to put themselves in a position of being up against a clock if they do not have to?
  4. No matter what the FCC decision is, no one will be able to accuse them of rushing into it. This merger is high profile, and the FCC will tread lightly and avoid making waves or painting themselves into a corner.

Keeping things simple, it is the DOJ that is the primary focus at this point. If the merger does not pass anti-trust regulations then the FCC opinion is a moot point. The FCC has every right to comment prior to the DOJ, but rarely does so. If they have the right, why do they typically wait for the DOJ ruling?????? Simple human nature. Why paint yourself into a corner?

Position – Long Sirius, Long XM