The Federal Communications Commission is asking for public comment on whether to require satellite radio receivers to pick up digital radio signals. But Rep. Edward Markey (D-MA) said the answer should be yes, and he's not waiting for the FCC to make the call. Markey's "Radio All Digital Channel Receiver Act" (H.R. 7157) would mandate that devices designed to receive both the new merged Sirius XM Radio service and terrestrial AM/FM radio be able to receive digital radio too.

"Millions of Americans today rely on local broadcast radio for news, public safety bulletins, sports, weather, traffic and other information," Markey said in a press statement released Saturday. "The recent merger of the only two satellite radio providers, XM and Sirius satellite radio, has underscored the importance of ensuring consumer access to a diversity of sources for digital radio content, in particular content originating in their local communities."

When the FCC gave the OK to the merger of Sirius and XM in August, the two companies committed to an open device pledge—any manufacturer of new receivers for the service can add any additional interfaces it wants to the tuner, e.g., an Ethernet port, AM/FM reception, and iPod capabilities, among other possibilities. But the deal didn't include what Ibiquity HD Radio and Clear Channel, one of its biggest investors, asked for: a digital mandate for all satellite radio interoperable receivers that also included AM/FM reception. In 2002, the FCC chose Ibiquity's HD Radio system as the terrestrial radio broadcast service's sole digital technology.

Although three United States senators weighed in in support of going digital, two big auto manufacturers, both knee-deep in car satellite radio receivers, cried foul. GM and Toyota called the proposed condition "an unprecedented requirement regulating the choice of entertainment technologies in an automotive environment." The Commission is running a Notice of Inquiry on the question to get additional input on the matter.

Markey's bill is co-sponsored by an interesting and bipartisan bunch of House members, including three staunch Clear Channel supporters, Charles Gonzalez (D-TX), Greg Walden (R-OR), and Lee Terry (R-NE). In 2006 the trio signed a letter urging the FCC to further relax its limits on ownership of radio stations in big markets, as the Texas-based company has been requesting for years. Presently, the rules set a maximum of eight stations in big regions. The statement asked that the limit be raised to 10 in markets with 60 or more stations and 12 for markets with more than 75. Almost half a dozen reps signed the request.

Rep. Barbara Lee, Democrat of the East Bay of Northern California, also supports Markey's bill (although she didn't have anything to do with that letter).

Judging by the 10 individual comments the FCC's inquiry has garnered so far, most participants think the idea is a dog. One argued the requirement will make satellite radio receivers too expensive, given current prices for HD radio tuners, and too big as well. Adding an HD component, the comment noted, will require "adding everything necessary for an FM and AM radio, including tuner and antennas." Satellite radio receiver applications "are very compact units, and no manufacturer has yet demonstrated [a] compact HD radio receiver."

This is pretty much the line of reasoning of most of the remarks. "I respectfully submit that it is well beyond the bounds and abilities of the FCC to design and develop electronic equipment for the 21st century," another concluded. Yet another sees sinister motives in the proposal. "It is not in the consumers best interest, and represents another attempt by the [National Association of Broadcasters] and Clear Channel Communications to obtain through legislation what they are unable to produce through their inferior product," this commenter wrote.

During the FCC's proceeding on the Sirius/XM merger, the FCC asked Ibiquity about receiver expenses. The company estimated the cost of HD radio components in most satellite tuners at around $12-$15.

No company or advocacy group has weighed in yet in this proceeding. The public can offer the FCC feedback on the Inquiry through December 9. The docket number is 08-172.