-By Jeffrey Yorke, Radio and Records

Federal Communications Commissioner Jonathan Adelstein this morning (July 23) voted against the proposed merger between Sirius Satellite Radio and XM Satellite Radio after the satcasters refused to embrace any of his proposed conditions to win his support for the deal.

With FCC Commissioner Michael Copps, also a Democrat, voting no, that leaves two no votes, and two yes votes from Republications Robert McDowell and Chairman Kevin Martin. Republican Deborah Taylor Tate has yet to make a decision.

A source familiar with the merger said “it was clear that the plan was not going to get anywhere – particularly with the chairman [Kevin Martin]. He was serving as a proxy” and the satcasters would not budge “on anything.”

In a prepared statement, Adelstein said, "I was hoping to forge a bipartisan solution that would offer consumers more diversity in programming, better price protection, greater choices among innovative devices and real competition with digital radio,” Adelstein said.
”Instead, it appears they're going to get a monopoly with window dressing. We missed a great opportunity to reach a bipartisan agreement that would have benefited the American people."

The Justice Dept. has already approved the merger.

The FCC's next meeting is Aug. 1, but the merger decision is not on the agenda, nor does it need to be for the FCC to make a decision that has been pending more than 400 days.