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NAB Asks FCC To Dismiss XM-Sirius Merger Application

8/28/2007 01:09:00 PM Eastern

New York — The National Association of Broadcasters (NAB) asked the Federal Communications Commission (FCC) to dismiss the application for XM and Sirius to merge.

The request was made in a reply to the FCC’s call for comments on a 1997 “rule” stating that one DAR licensee will not be permitted to acquire control of the other.

XM and Sirius argue that the rule was simply a “policy statement reflecting the Commission’s understanding of competition in 1997.”

The NAB argued that the FCC should dismiss the merger application based on the statement.

Also today, XM and Sirius accused the NAB of misrepresenting the views of congressmen, Toyota and public groups in its comments to the FCC.

The NAB sent a letter of apology to the FCC this month for “erroneously” claiming Representatives John Conyers, Jr. (D-Mich.) and Steve Chabot (R-Ohio) were opposed to the Sirius-XM merger. The representatives had “raised questions about the merger” but were not necessarily opposed to it, said the letter.

XM and Sirius said Toyota also claimed the NAB mischaracterized its comments.

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