Remember Primosphere, one of the original four applicants for the satellite radio spectrum?
Shortly after Sirius and XM declared their intent to merge, I wrote of Primosphere’s desire to have portion of the S-DARS spectrum should the merger be approved and the companies combined. If the merger is okayed, Primosphere also wants a condition that the combined Sirius/XM make their satellite transponder and uplink facilities available so that Primosphere can provide an alternative satellite radio service.
Primosphere attorney Howard Liberman met with commission staffers this month to press Primosphere’s position.
Liberman, according to filings, stated the company opposes the merger for monopoly reasons and points out that the satcasters never fulfilled the license requirement to develop an interoperable radio. (They say they did design one but haven’t convinced manufacturers that it’s cost-efficient to build and sell such a radio without the merger.)
Neither XM nor Sirius “has complied with this rule and now, evidently without embarrassment, they argue that a merger will result in the ability of the merged company to serve customers with either receiver,” he stated. “This is like a person convicted of murdering his parents asking the court for mercy because he is an orphan.”
Liberman argues the FCC should deny the merger and mandate “immediate” interoperability.
Sounds like a win-win for consumers.