XM-Sirius Deal Done?

ok, here's what we think we know. On Tuesday morning, Federal Communications Commission member Jonathan Adelstein voted against the proposed merger between Sirius Satellite Radio and XM Satellite Radio after the companies refused to embrace any of his proposed conditions to win his support for the deal. That left FCC Chairman Kevin Martin and Commissioner Robert McDowell for the merger and Commissioners Adelstein and Copps against it. Commissioner Deborah Taylor Tate, as expected, became the deciding vote. She's indicated she will vote in favor of the buyout if the companies agree to settle charges they have violated agency rules, in addition to other lesser promises. Lawyers from both companies have met several times in the past two weeks with Tate and agency enforcement officials. The discussions appear to have involved the use of ground-based signal repeaters, used by the companies to ensure adequate coverage in all parts of the country. In one document, XM stated that it had been operating some of its repeaters in violation of FCC rules. Late Wednesday, the status of the enforcement action was unknown, but published reports indicate the companies were expected to enter into a consent decree and pay the FCC $20 million. The companies have agreed to submit to a number of conditions, including a three-year price cap, setting aside 8 percent of "full-time audio channels" for public interest and minority programming and adoption of an "open radio" standard that was less specific than what Adelstein was proposing.