Despite FCC Nod, Merger Between Sirius and XM Is Far From Complete

No, it is not over. If there is one thing we have learned about Sirius (SIRI - commentary - Cramer's Take)-XM (XMSR - commentary - Cramer's Take), it is that at every step of the way, people have to try to block it or at least hold it up to the point that someone goes out of business. This is a deal, now much longer in passing than Exxon and Mobil, that still has congressional meddling even right now, still has rearguard activists who might fight the merger on the commission itself even though the FCC's staff has said yes.

Lots of people are confusing the issue of the merger benefits with the merger itself. The benefits will be helpful down the road on both the revenue and the costs, and the caps won't mean that much. What matters, plain and simple, is refinancing. Both companies are always in danger of running out of money.

However, if you know that three years hence -- after the frozen period during which service fees cannot be increased -- the two companies can begin to offer extreme cable pricing, you can go hat in hand to the Street with a good bond deal that people will no longer feel could default.

That's why the stocks combined are good. They may turn out not to be good for all of the people playing the various games, because there is no quick way to monetize the two companies. But you will most certainly create a dominant company that will pretty much destroy terrestrial radio, which may be the biggest reason radio stocks continue to trade down and CBS (CBS - commentary - Cramer's Take) continues to be brought down by CBS Radio.

There's been so much that I have hated about this government's stalling of this as opposed to the serious antitrust issues that have developed in the last 20 years of laissez-faire antitrust. Everything stinks out loud, including the stalling of the deal until after Clear Channel (CCU - commentary - Cramer's Take), the principal target of the merger, went through. The people propounding Clear Channel, just like the people propounding newspapers, do not and have not worked in the industry. They just know cash flows and vectors, not the reality of the endless newspaper-like decline to this medium.

In short, putting XM together with Sirius would be like creating a new Google (GOOG - commentary - Cramer's Take) with Yahoo! (YHOO - commentary - Cramer's Take) when it comes to terrestrial radio.

And there's a simple reason: commercials. Everyone hates them.

And you are done with them the moment this deal gets approved, even though it is not a foregone conclusion.

At the time of publication, Cramer had no positions in the stocks mentioned.

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