In a statement yesterday, Kevin Martin announced "As I have indicated before, this is an unusual situation. I am recommending that with the voluntary commitments
[Sirius and XM] have offered, on balance, this transaction would be in
the public interest."
Martin is expected to call for a vote this week. While it's not known how the Commissioners will vote it is expected that the two Republicans will line up with Martin and the final step of the merger will be approved.
Martin said he backed the merger after XM/Sirius agreed to some conditions...
1. Place price caps on programming and offer a la carte programming so listeners can subscribe to only the channels they want..
2. Open their technology standards up to any radio device manufacturers so subscribers don't have to buy those provided by XM/Sirius.
3. As they had agreed to do when they first began they will provide radios that will work on both services...within one year of the merger.
4. Set aside 4% of their radio spectrum or 12 channels for noncommericial services and lease another 12 channels for programming run by minorities and women.
The Washington Post has a further in depth story here..