I believe checking for MediaPlayer.GameHasControl is what you're looking for. Use that property and other members of MediaPlayer to satisfy application certification guidelines 6.5.1 Here's an end-to-end example of how @ http://henry-chong.com/2012/02/pro-tip-including-background-music-for-your-windows-phone-app/
BTW, 6.5.x application certification requirements don't apply if your app is a Music+Video app. That's one way to address 6.5.1 :)