Sources familiar with the review said it is "highly probable" the deal could be approved Thursday. If not, then Friday is a strong possibility. Another indication that the deal review is imminent: Sirius and XM on Thursday put out a statement saying they are willing to settle some outstanding enforcement issues.
That may appease GOP Commissioner Deborah Tate, who will cast the deciding vote in the transaction. She will only support the deal if FCC Chairman Kevin Martin agrees to fine XM-Sirius for a variety of violations. The agency's two other Republicans, Martin and Commissioner Robert McDowell, have already voted to approve the deal. The FCC's two Democratic commissioners have voted against it.
Tate wants fines related to wireless devices XM-Sirius used to transmit audio signals from satellite radio devices to in-dash car radios that are noncompliant with FCC limits. She also worries about hundreds of XM-Sirius antennas, known as terrestrial repeaters, which either are not in place in approved locations or emitting signals that are too strong.
XM-Sirius, in their statement, said they will take steps to address the issue of noncompliant radio devices "remaining in the hands of consumers." The company also agreed to shut down 50 terrestrial repeaters and either close or "bring into compliance" an addition 50. XM also agreed to make contribution to the U.S. Treasury of $17 million and $2 million for Sirius.
Sirius wants to make the contribution because it avoids the negative stigma associated with a fine. A contribution may also be treated better, from a tax point of view. - Ron Orol
See Dealscape: FCC hooks up XM-Sirius deal
See Tate's bio from Deal JournalRon Orol is a Washington-based reporter for The Deal and author of Extreme Value Hedging: How Activist Hedge Fund Managers Are Taking on the World.
The Federal Communications Commission's 400-plus day review of the controversial $13 billion hook-up of XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc. is coming to a close. 
