Consumer groups and traditional radio bodies criticized the proposed merger as anti-competitive. In 1997, both companies were barred from acquiring the other. A source has told Reuters that while the FCC must determine whether the purchase is in the public-interest, FCC Chairman Kevin Martin has not proposed what should be done just yet, but has request staff to draft documents for different possible outcomes.
The source said that the FCC's decision may be strongly influenced by the findings of the Justice Department, and it may agree that Satellite Radio now has much larger competition from other forms of digital media services to consider.