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Mergers and Acquisitions Report: 05/30/2008
By: The M&A Researcher   Saturday, May 31, 2008 1:25 AM

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Safeco Corporation (SAF) - Liberty Mutual Group

May 29, 2008 (12:50p) - Washington OIC Status

The Washington OIC received the companies Form A application on May 16, 2008.

There are no statutory deadlines associated with the OIC review, but the companies have formally requested a decision by August 15, 2008.

The OIC will schedule a Form A hearing 60 days from deeming the application complete and the final decision is likely to be made at the conclusion of the hearing or, in a worst-case scenario, a week or two after the hearing.

The key to timing will be the application completion period, for which (as noted previously) the OIC is seeking outside "accounting and legal services". The deadline for bids on the outside services is June 9, 2008, so the companies August 15 request is obviously tenuous. In order for this to occur, the OIC would need to select an outside entity and deem the application complete within a one-week time frame beginning on June 9. This does not seem very likely given the magnitude of this transaction in Washington.

According to OIC officials, the Form A hearing date will be published almost immediately upon scheduling. The application review process will be monitored closely over the next several weeks in hopes of determining if the companies August 15 decision target date can be achieved.

XM Satellite Radio (XMSR) - SIRIUS Satellite Radio (SIRI)

May 28, 2008 (3:40p) - Status Report

Once again, despite the various and seemingly countless perspectives on recent activity involving the FCC, there is quite literally no substantial developments to report. Commissioner Martin's comments suggesting a decision before the end of June are nearly identical to the rhetoric Mr. Martin has offered since late last year, and should in now way be taken at face value. While a June decision would be in no way surprising, it would be equally un-shocking if the FCC review continued into July, or even August. What seems to be widely overlooked here is that the FCC very likely would have concluded its review several weeks ago if the DOJ had imposed conditions as part of its approval. As this obviously did not occur, the FCC is essentially on its own in reaching what will be a monumental decision. In other words, there is simply no reason to expect Commissioner Martin's latest vague projection to come to fruition.

There has been some renewed effort by intervenors (the C3SR in particular) to encourage the FCC to hold public hearing as part of the FCC license review. At this late stage of the FCC review, a public hearing seems extremely unlikely, although this is very clearly a situation in which such an event would be extremely helpful to all interested parties, and the public in general. If the FCC were to hold a public hearing, as it did in the latter stages of the GMH-DISH transaction ( the hearing designation in that case was made just more than ten months into the FCC review), the decision for this review would naturally be pushed back well into the summer of this year.

However, there is currently no indication that the FCC in inclined to designate this case for public hearing and it is presumed that no such inclination will occur this late into the review process.

Regardless of the continued hype surrounding the FCC review in this deal, the bottom line has been evident since the DOJ decision in March. The FCC decision will come down to the quantity and severity of conditions at the end of the day.


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The above story is the opinion of the author only and it does not reflect iStockAnalyst opinion. Further, the author is not personally advising you regarding the suitability of the story for your investment needs. In no event iStockAnalyst will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from or arising out of, or in connection with the use of this information. Please consult your investment advisor before making any investment decision.
  
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