To get approval for the merger they will have to prove that they will not become a monopoly. Their claim along these lines is thattheir competition is iPod and upcoming wirless broadband technology. They have also stated that they will need to keep both Sat licenses for the merger to work, an issue that requires FCC approval. At this point, they're still confident that it will go through but only time will tell.

Both XM and Sirius subscribers have been assured that their contracts and hardware will be supported eveninto the post-merger future. This claim will only be possible if the FCC does allow the new company to keep both licenses. Otherwise, either former Sirius or XM hardware users will have to upgrade their equipment.

 

LA Times last month said the Feds shot down the merger.

Last I heard