In a letter sent to FCC chairman Kevin Martin today, Congressman John Dingell (D-MI) chairman of the House Energy and Commerce Committee argues that 2 conditions ought to be set by the FCC before they approve the merger.

The first condition would be to hold the merged company to it’s proposed pricing models.

The second is that they open up manufacture of their radios.

They do NOT take a position on whether the merger should be approved. More details here.

OK, technically, they didn’t approve it, they choose not to oppose it, but to subscribers this may be a difference without a distinction.  Here’s the press release from Sirius.  http://investor.sirius.com/ReleaseDetail.cfm?ReleaseID=301291

SIRIUS Satellite Radio (Nasdaq: SIRI) and XM Satellite Radio (Nasdaq: XMSR) today announced that the U.S. Department of Justice (DOJ) has informed the companies that it has ended its investigation into the pending merger of SIRIUS and XM without taking action to block the transaction. This decision means the DOJ has concluded that the merger is not anti-competitive and it will allow the transaction to proceed. SIRIUS and XM each obtained stockholder approval in November 2007. The pending merger is still subject to approval of the Federal Communications Commission.

Here’s the DoJ’s spin…http://www.usdoj.gov/opa/pr/2008/March/08_at_226.html

The Division’s investigation indicated that the parties are not likely to compete with respect to many segments of the satellite radio business even in the absence of the merger. Because customers must acquire equipment that is specialized to the satellite radio service to which they subscribe, and which cannot receive the other provider’s signal, there has never been significant competition for customers who have already subscribed to one or the other service. For potential new subscribers, past competition has resulted in XM and Sirius entering long-term, sole-source contracts that provide incentives to all of the major auto manufacturers to install their radios in new vehicles. The car manufacturer channel accounts for a large and growing share of all satellite radio sales; yet, as a result of these contracts, there is not likely to be significant further competition between the parties for satellite radio equipment and service sold through this channel for many years. In the retail channel, where the parties likely would continue to compete to attract new subscribers absent the merger, the Division found that the evidence did not support defining a market limited to the two satellite radio firms that would exclude various alternative sources for audio entertainment, and similarly did not establish that the combined firm could profitably sustain an increased price to satellite radio consumers. Substantial cost savings likely to flow from the transaction also undermined any inference of competitive harm. Finally, the likely evolution of technology in the future, including the expected introduction in the next several years of mobile broadband Internet devices, made it even more unlikely that the transaction would harm consumers in the longer term. Accordingly, the Division has closed its investigation of the proposed merger.

Live broadcasts will include Easter Sunday Mass, celebrated by His Holiness Pope Benedict XVI, Easter Vigil from St. Patrick’s Cathedral, and more

SIRIUS announced Monday that it will offer its nationwide audience special Holy Week programming that will air exclusively on The Catholic Channel, channel 159. In addition to the daily talk programming available to listeners throughout the year, SIRIUS will broadcast live Masses from St. Peter’s Square in Rome, St. Patrick’s Cathedral in New York City, the Cathedral Basilica of Saints Peter and Paul in Philadelphia, and St. James Cathedral in Seattle.

On Holy Thursday, March 20 at 10:00 am ET, SIRIUS will broadcast the Chrism Mass, and the blessing of the consecrated oil, from The Cathedral Basilica of Saints Peter and Paul in Philadelphia, PA with His Eminence, Cardinal Justin Rigali as celebrant. After the Chrism Mass, SIRIUS will air a special Holy Week edition of A Conversation with the Cardinal, the weekly talk show hosted by His Eminence, Edward Cardinal Egan, Archbishop of New York. Cardinal Egan will discuss the holiest week of the Christian calendar, commemorating Jesus’ final earthly days and celebrating his resurrection from the dead on Easter Sunday. A Conversation with the Cardinal airs every Thursday (1-2pm ET) exclusively on The Catholic Channel. At 5:30 pm ET, SIRIUS will broadcast the Mass of the Lord’s Supper from St. Patrick’s Cathedral.

On Good Friday, March 21, SIRIUS will broadcast Tenebrae live from St. Patrick’s Cathedral in New York at 9:00 am ET. At 12:00 pm ET SIRIUS will air, from St. Patrick’s Cathedral, Meditations on the Seven Last Words of Jesus Christ. At 3:30 pm ET, SIRIUS will air the Solemn Liturgy of the Lord’s Passion and Death, all presided over by Cardinal Egan.

On Holy Saturday, March 22, SIRIUS will broadcast the Easter Vigil Mass live from St. Patrick’s Cathedral at 8:00 pm ET, celebrated by Cardinal Egan. Later that evening, starting at 11:30 pm ET, SIRIUS will air the Easter Vigil Mass live from St. James Cathedral in Seattle, celebrated by His Excellency, Archbishop Alexander Brunett.

On Easter Sunday, March 23 at 5:30 am ET, SIRIUS will air Easter Mass celebrated by His Holiness, Pope Benedict XVI, live from St. Peter’s Square in Rome, followed by Urbi et Orbi, the Papal speech and Apostolic Blessing addressed to “the city and the world,” live from St. Peter’s Basilica in Rome. At 10:15 am ET, SIRIUS will broadcast Easter Mass from St. Patrick’s Cathedral in New York, celebrated by Cardinal Egan. Both the Papal Mass and Papal Address will replay for SIRIUS listeners starting at 12:00 pm ET, followed by a replay of the Mass from St. Patrick’s Cathedral.

Vinnie Politan, a former Court TV Anchor takes on all issues in daily discussion and debate.

On Indie Talk, listeners encouraged to speak up, speak out, and speak for themselves on new kind of political talk radio.

SIRIUS today announced that it will launch an exclusive daily morning call-in show with Vinnie Politan on its new Indie Talk channel.

Indie Talk is a new kind of political talk radio; an uncensored, non-partisan forum for independent thought and opinion targeting the blogger generation. The channel has no agenda: Indie Talk gives equal voice to individuals from any affiliation or background.

Politan’s show will launch March 24 and air live Monday – Friday from 6:00 – 9:00 am ET exclusively on Indie Talk channel 110. Every morning Politan will take the country’s pulse as he takes calls from men and women of all ages and backgrounds, shining a spotlight on their reactions to breaking news, issues and buzz. Topics on the show will be caller and headline-driven and span the worlds of politics, entertainment, and beyond.

A former prosecutor and Court TV reporter and anchor for many years, Politan brings an informative and entertaining journalistic insight to Indie Talk. Vinnie Politan recently hosted SIRIUS’ Court TV Morning Radio and co-anchored Court TV’s Bloom & Politan. Politan was a prosecuting attorney in Bergen County, New Jersey. Politan was also an AP Award-winning reporter and anchor for Central Florida News 13 in Orlando, FL, where he covered the 2000 presidential election.

AJ Lambert, daughter of Nancy Sinatra and granddaughter of Frank Sinatra, will host her own monthly show on the SIRIUS and Sinatra family produced Siriusly Sinatra channel.

AJ, a musician, will play her favorite recordings from Frank Sinatra’s catalog as well as contemporary music from her own eclectic collection. “If I could sit down and play records for my grandfather, these would be songs I’d share with him.” AJ said about the music listeners will hear on her show.

During the show, AJ will also share stories about her legendary family from the perspective of a third generation Sinatra. AJ on SIRIUS 75 debuts this week.

Listen in on Siriusly Sinatra channel 75, Friday, March 21, 10 pm to 12 am ET

(Rebroadcast - Saturday, March 22 at 10 pm to 12 am ET)

SIRIUS to devote five channels to tournament coverage allowing listeners to hear every shot of every game

Exclusive talk shows ‘The Shark Tank,’ hosted by Jerry Tarkanian, and ‘Rivals Radio’ to provide expert analysis throughout tournament

SIRIUS will be the exclusive satellite radio provider of every game of the 2008 NCAA® Division I Men’s Basketball Championship, offering listeners uninterrupted play-by-play access to every match-up from the opening round game on March 18 through the National Championship game in San Antonio, TX on April 7.

SIRIUS will devote five channels to tournament coverage and be the only radio broadcaster to air every game in its entirety with no blackouts. Games will air on SIRIUS channels 121, 122, 126 and 127. SIRIUS host Steve Torre will anchor SIRIUS’ coverage on these channels, providing up-to-the-minute scores and highlights during game breaks and directing listeners to other games around the dial. SIRIUS will also carry Westwood One’s coverage of the tournament, with pre-game shows and cut-ins to live game action, on SIRIUS Sports Central, channel 123.

On Selection Sunday, March 16, SIRIUS will provide live coverage as tournament brackets are announced, giving listeners up-to-the-moment info on who’s in and who’s out, on SIRIUS Sports Central channel 123 (6:00–9:00 pm ET).

Full tournament brackets, with match-ups and SIRIUS channel assignments, can be viewed and downloaded at www.sirius.com/collegesports starting Monday, March 17.

Dove Award winning and Grammy® nominated artist Jaci Velasquez sits down for an in-depth interview with SIRUS Satellite Radio’s Spritit 66 channel. Jaci, joined by her husband, will perform songs from her highly anticipated new album Love Out Loud in stores now.

Love Out Load Album Premiere! will air on Spirit 66 channel 66, Friday, March 14 at 2 pm ET with encores Saturday, March 15 at 6 pm ET, Sunday, March 16 at 8 am ET, and Tuesday, March 18 at 11 am ET.

SIRIUS’ Outlaw Country, channel 63, will broadcast from the SXSW Music and Media Conference in Austin, TX for the fourth consecutive year.

Outlaw Country DJs Mojo Nixon, Dallas Wayne and DJ RigRocker will interview artists and give listeners a little taste of Texas and what has become one of the biggest music festivals in the United States. Artists scheduled to stop by include Junior Brown, Buddy Miller, Old 97s, James McMurtry, Rosie Flores, Bobby Bare Jr., and the Supersuckers.

Mojo Nixon, whose Loon in the Afternoon show was recently named the “Best Radio Show” by Blender magazine, will host his annual all day “Mojo Mayhem” jalapeño pancake party and music marathon. The event at the Continental Club in Austin is scheduled to feature live performances by Dallas Wayne, James McMurtry, Andre Williams, Brave Combo, Steve Poltz, Jon Dee Graham, and the Allen Oldies Band.

Thursday, March 13 – 11 am to 8 pm ET

Friday, March 14 – 11 am to 8 pm ET

Saturday, March 15 – 9 pm to 1 am ET (rebroadcast – Sunday, March 16 – 2 am to 5 am ET)

Outlaw Country channel 63, produced by “Little Steven” Van Zandt, is a sanctuary for the freaks, misfits, outcasts, rebels and renegades of country music. Other artists and colorful characters hosting exclusive weekly shows for the channel include Steve Earle, Shooter Jennings, Mojo Nixon, Cowboy Jack Clement, Hillbilly Jim and Fred Imus.

SIRIUS’ Left of Center, channel 26, will bring music fans behind-the-scenes at this year’s SXSW music festival in Austin, TX.

The festival, known for showcasing up-and-coming artists and giving unsigned bands the opportunity to highlight their talents, has become one of the largest music festival in the US. Listeners will hear hourly updates with the inside scoop on exciting new artists, interviews, latest news, gossip and festival information.

Listen in: Wednesday, March 12 through Saturday, March 15 (daily 12 pm to 12 am ET) & Cooking with Pappy – Friday, March 14 from 2 pm – 8 pm ET

SIRIUS’ Left of Center features the best in the world of Indie and Underground music. Artists that can be heard on the channel include Radiohead, The Arcade Fire, Moldy Peaches, Ween, Iron & Wine, Kate Nash, Vampire Weekend - and other music left of the mainstream.

SIRIUS’ Broadway’s Best, channel 77, will report hourly directly from Times Square on Broadway Buzz, a new daily feature hosted by musical comedy actress Christine Pedi. The reports will include the latest Broadway buzz, news, reviews, record releases and tour information. The news segments will also feature historic tidbits on a Today in Broadway History segment.

Listen for the broadcasts at the top of every hour, every day.

Broadway’s Best is SIRIUS’ channel dedicated to bringing Broadway to every street in America. The channel features songs and interviews from the biggest stars of musical theater.