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Unread 2011-11-23, 01:11 PM   #201
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FCC unsure AT&T’s T-Mobile deal will create jobs; announces court hearing




The Federal Communications Commission said Tuesday that it will hold an administrative hearing to examine AT&T’s planned acquisition of T-Mobile USA. The FCC said the hearing will not begin until after the Justice Department’s lawsuit against the merger, and that case isn’t expected to go to trial until February. The hearing was decided upon after the FCC concluded in a draft order that the AT&T/T-Mobile deal might not be in the best interest of the public and could result in job losses. The government agency also said that the burden will be on AT&T and T-Mobile to prove otherwise. Read on for more.
AT&T has long argued the deal will create “thousands” of jobs and improve wireless service in the United States. Additionally, the Communications Workers of America (CWA) has argued that the merger will create 96,000 jobs and bring another 5,000 back from overseas call centers.
Sprint recently filed a lawsuit in opposition of the merger, arguing that it will eliminate competition in the United States. In addition, the FCC said that AT&T has failed to address exactly how the merger will create new careers.
Should the Department of Justice lose the trial against AT&T, the FCC’s planned proceeding will continue unchanged. FCC Chairman Julius Genachowski also noted that the FCC has concluded a draft order — by no means final — that has approved AT&T’s planned purchase of Qualcomm’s wireless spectrum, which it was reviewing at the same time as the T-Mobile deal.
AT&T originally expected the merger to close in March 2012 and earlier this month said it will close later than expected.
Vonya McCann, Sprint’s Senior Vice President for Government Affairs said Sprint’s statement on the matter is as follows:
As Chairman Genachowski said in August when the Justice Department filed its antitrust lawsuit against AT&T, the record before the FCC presented, ‘serious concerns about the impact of the proposed transaction on competition.’ That record is complete and more than justifies moving this matter to an Administrative Law Judge for a hearing. We appreciate Chairman Genachowski’s leadership on this issue and look forward to the FCC moving quickly to adopt a strong hearing designation order
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Unread 2011-11-24, 02:03 PM   #202
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AT&T and T-Mobile withdrew their merger applications. Thank God! No AT&T&T!
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Unread 2011-11-24, 02:10 PM   #203
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now i dont have to switch from tmobile when i get back to the states.

im good with that.
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Unread 2011-11-24, 02:42 PM   #204
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AT&T, T-Mobile temporarily withdraw bid for FCC merger approval











Acknowledging the mounting difficulties in obtaining government consent for their merger, AT&T Inc. and the parent company of T-Mobile USA Inc. said Thursday they had temporarily withdrawn their application to the Federal Communications Commission and will focus first on battling the Justice Department for approval of the deal.
AT&T also said it expected to take a pretax accounting charge of $4 billion in the fourth quarter of this year "to reflect the potential breakup fees" it must pay to T-Mobile parent Deutsche Telekom AG of Germany if the deal doesn't get regulatory approval.
The moves highlight the growing unlikelihood the huge telecommunications deal ever will be consummated.
The announcements came after FCC Chairman Julius Genachowski on Tuesday came out in opposition to AT&T's proposed $39-billion purchase of T-Mobile, moving to refer the deal to an administrative law judge for a hearing that could sink its approval.
Facing a lengthy delay and the possible release at such a hearing of confidential information it had provided to the FCC, the two companies said they had electronically withdrawn their FCC application late Wednesday.
AT&T and Deutsche Telekom "are continuing to pursue the sale of Deutsche Telekom’s U.S. wireless assets to AT&T," the companies said in a statement posted on AT&T's website Thursday. But given the FCC move, the companies said they would "focus their continuing efforts on obtaining antitrust clearance for the transaction from the Department of Justice either through the litigation pending before the United States District Court for the District of Columbia ... or alternate means."
In August, the Justice Department filed a civil antitrust lawsuit seeking to block the deal, arguing it would harm competition in the wireless market. AT&T is second in subscribers only to Verizon Wireless, and the Justice Department said the acquisition of the fourth-largest carrier, T-Mobile, would lead to higher prices and fewer choices for consumers.
If AT&T and Deutsche Telekom win the lawsuit, or obtain approval through other means such as a settlement, they said they would then file again with the FCC "as soon as practical." Both the Justice Department and the FCC must OK the deal.
Gigi B. Sohn, president of advocacy group Public Knowledge, which opposes the deal, said the companies withdrew their FCC application to avoid disclosing just how bad the deal would be for consumers.
"AT&T's move will, for the moment, prevent the FCC from making public its many, well-documented findings that the deal is not in the public interest and will prevent the judge overseeing the antitrust lawsuit from seeing the FCC's conclusions," Sohn said.
She and Andrew Jay Schwartzman, policy director of nonprofit law firm Media Access Project, said AT&T should simply give up on its proposed acquisition of T-Mobile.
"This turkey is too big to be hidden by releasing it on Thanksgiving," Schwartzman said of the Thanksgiving Day announcement by the companies. "It is an act of desperation which will only hurt their shareholders by delaying the inevitable. It is time for vainglorious managers at AT&T to accept that there is no way that this deal can obtain approval of the FCC and the courts."
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Unread 2011-11-24, 09:31 PM   #205
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been seeing where t mobile is probably going to fold though which sucks. I love thier service and it's very affordable. might be time to sell my sensation before it's a paper weight
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Unread 2011-11-24, 09:35 PM   #206
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been seeing where t mobile is probably going to fold though which sucks. I love thier service and it's very affordable. might be time to sell my sensation before it's a paper weight
What happens if they go out of business? Seriously do you just have to port your number over to another carrier?
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Unread 2011-11-24, 09:39 PM   #207
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been seeing where t mobile is probably going to fold though which sucks. I love thier service and it's very affordable. might be time to sell my sensation before it's a paper weight
They'll be getting $4B out of this uberfail. They won't go anywhere for awhile.
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Unread 2011-11-24, 09:41 PM   #208
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They get cash and spectrum out of the deal, and hopefully use it to expand their network
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Unread 2011-11-24, 09:57 PM   #209
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They'll be getting $4B out of this uberfail. They won't go anywhere for awhile.
DT doesn't car they want out of the US. I'm guessing they will try to sell off to smaller regional carriers. Anyone want a nearly new HTC sensation 4g? Should be plenty of free phones to choose from this weekend.
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Unread 2011-11-28, 09:42 AM   #210
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If AT&T doesn't merge with T-Mobile, Sprint might instead
Wichita Business Journal





If AT&T's planned purchase of T-Mobile falls through, Sprint and T-Mobile might try to strike up a deal instead, analysts say.



AT&T Inc. AT&T Inc.Latest from The Business JournalsAT&T, T-Mobile withdraw FCC merger bidAT&T, T-Mobile withdraw FCC application for mergerJuniper, AT&T, Akamai vie to buy CotendoFollow this company says it still intends to follow through with a plan to buy T-Mobile USA T-Mobile USALatest from The Business JournalsAT&T, FCC squabble over T-Mobile merger reviewAT&T - T-Mobile deal hits FCC oppositionSprint adds big ally in AT&T merger fight: FCC bossFollow this company from Deutsche Telekom, but the deal appears less likely now. The companies have withdrawn their Federal Communications Commission Federal Communications CommissionLatest from The Business JournalsAT&T, T-Mobile withdraw FCC application for mergerAT&T may have to sell assets to save T-Mobile dealAT&T, FCC squabble over T-Mobile merger reviewFollow this company application in light of a justice department lawsuit, and AT&T has said it plans to take a $4 billion charge in the fourth quarter to "reflect the potential breakup fees" if the merger fails to gain approval.
The Kansas City Star reports the moves have set off a new round of speculation about the market of wireless carriers. Many believe Kansas-based Sprint Nextel Corp. Sprint Nextel Corp.Latest from The Business JournalsAT&T, T-Mobile withdraw FCC application for mergerAT&T, T-Mobile deal hits major delaySprint adds big ally in AT&T merger fight: FCC bossFollow this company is a better candidate to merge with T-Mobile.
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Unread 2011-11-28, 11:34 AM   #211
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AT&T Desperate To Save T-Mobile Bid

AT&T appears to be willing to do anything to salvage its plan to acquire T-Mobile USA, despite the roadblocks being thrown in its way by the government.
November 28, 2011 10:45 AM

Over the holiday weekend AT&T tried pull a fast one on the Federal Communications Commission, it would seem. In the early morning hours of Thanksgiving, AT&T announced that it had withdrawn its T-Mobile merger application from the FCC. The merger application requests that T-Mobile USA's licenses to operate and spectrum holdings be transferred to AT&T.
AT&T and Deutsche Telekom said they will instead focus on winning the lawsuit levied against them by the Department of Justice.


"AT&T and Deutsche Telekom are continuing to pursue the sale of Deutsche Telekom's U.S. wireless assets to AT&T and are taking this step to facilitate the consideration of all options at the FCC and to focus their continuing efforts on obtaining antitrust clearance for the transaction from the Department of Justice, either through the litigation pending before the United States District Court for the District of Columbia, or alternate means," said the companies in a press statement.

In the same press release, however, AT&T said that it is going to take a $4 billion charge in the fourth quarter of the year. Why is it writing down that much money? It is preparing for the breakup fee it will have to pay Deutsche Telekom / T-Mobile USA if the deal falls apart, which amounts to about $6 billion in cash and spectrum assets.
AT&T insists that the move is being made so that the company can regroup and resubmit a new proposal. AT&T says that it filed this paperwork with the FCC before the FCC said it would refer the matter to an administrative law judge. The FCC sees the paperwork withdrawal as a "request" that it "will consider."
On Friday, AT&T's legal team bristled at the FCC's response.
"We have every right to withdraw our merger from the FCC, and the FCC has no right to stop us," said AT&T general counsel Wayne Watts in a statement. "Any suggestion the agency might do otherwise would be an abuse of procedure which we would immediately challenge in court."
AT&T believes that by withdrawing its paperwork, it preempts the FCC's attempt to send the merger paperwork before a judge. Is there something in that paperwork that AT&T doesn't want to become public? It would seem so.
It would also seem that AT&T is willing to make some major concessions in order to make the deal go through. Speaking to Bloomberg, a source cited as "familiar with AT&T's plans" suggests that AT&T would be willing to divest up to 40% of T-Mobile USA assets in order to help the deal gain regulatory approval.
While divestitures are part-and-parcel for acquisitions in the telecom space, it doesn't make much sense in this case. AT&T has stated repeatedly that it is making this acquisition to gain T-Mobile USA's spectrum assets. AT&T said that it won't be able to expand its LTE network to cover 97% of Americans (as planned) without T-Mobile's spectrum.
How is that going to work if it only buys 60% of T-Mobile? AT&T is desperate, and it is showing.
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Unread 2011-11-29, 09:03 AM   #212
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AT&T “Knee-Deep” In Talks To Hand Over T-Mobile Customers To Leap Wireless


According to the New York Times, we may have some new insight on exactly what AT&T has up their sleeves to salvage their acquisition of T-Mobile. Apparently, some unnamed sources told The Times that AT&T is already “knee-deep in negotiations” to sell a good portion of T-Mobile’s customer accounts and some of their spectrum to the regional provider, Leap Wireless. It’s said that AT&T actually plans to keep the majority of T-Mobile’s spectrum to help expand their network and keep them competing with long time rival Verizon Wireless.
This new plan could make alleviate some of the concerns regulators have been having and AT&T’s lawyers believe this places their chances of success at about 70%. So, just how much is Leap Wireless looking to gain from all this? Well, this would actually push them into national territory, taking T-Mobile’s old #4 spot, right underneath Sprint.
If AT&T has their way, long time T-Mobile customers wont have to fear becoming apart of AT&T-Mobile. Instead, you guys could potentially become new Leap Wireless customers.
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Unread 2011-11-29, 10:54 AM   #213
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Well that sounds even worse
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Unread 2011-11-29, 11:44 AM   #214
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Yeah, it means you just get pawned off to another network with no real knowledge of coverage or anything. That doesn't really seem possible, you should be able to jump ship ETF free if they pulled some shit like that.
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Unread 2011-11-29, 11:47 AM   #215
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Sucks ass, it isn't like my plan is anything complicated may just jump ship to AT&T and get it over with
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Unread 2011-11-29, 12:34 PM   #216
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I knew this was going to happen if not them will be someone else, I still got my sensation 4g who wants it lol
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Unread 2011-11-29, 01:05 PM   #217
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I knew this was going to happen if not them will be someone else, I still got my sensation 4g who wants it lol
That's exactly what people don't get. It's not like ATT is the one ruthlessly coming and chopping heads off, DT does NOT WANT T-mobile anymore. They will sell it to anyone who has the cash. In my mind, T-mobile customers had a much better deal if they would have just shutup and let ATT do what it wanted, now they will end up with some no name company because all ATT has every wanted is the spectrum. DT is the one who could careless about what happens to it's current customer base not ATT.
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Unread 2011-11-29, 01:27 PM   #218
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DT just wants to get rid what they consider an unprofitable asset.
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Unread 2011-11-30, 03:19 PM   #219
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FCC bashes AT&T/T-Mobile merger in public report



The Federal Communications Commission released a 109-page report on Tuesday evening that provides a great deal of insight into what the government agency thought of AT&T’s planned acquisition of T-Mobile USA. However, AT&T has questioned exactly why the government agency decided to release the report since, hours before the report was released, AT&T successfully withdrew its merger application. The FCC said that the acquisition would give AT&T a “unilateral incentive” to increase its prices, which could have had an echo effect on the industry should Sprint and Verizon Wireless follow suit, The Wall Street Journal reported. Read on for more.
AT&T promised the deal would create thousands of jobs and that it would bring back 5,000 call center jobs from overseas. The Communications Workers of America also argued the merger could create as much as 96,000 jobs for Americans. Even still, the FCC argued in the report that the acquisition would “result in a net loss of direct jobs.” As one might imagine, AT&T isn’t pleased with the FCC’s decision to release the report.
“The FCC has recognized that it is required by its own rules to dismiss our merger application,” AT&T senior executive vice president of external and legislative affairs Jim Cicconi said. “This makes all the more troubling their decision to nonetheless release a preliminary staff report on the merger. This report is not an order of the FCC and has never been voted on. It is simply a staff draft that raises questions of fact that were to be addressed in an administrative hearing, a hearing which will not now take place. It has no force or effect under law, which raises questions as to why the FCC would choose to release it. The draft report has also not been made available to AT&T prior to today, so we have had no opportunity to address or rebut its claims, which makes its release all the more improper.”
AT&T decided to withdraw its application to acquire T-Mobile USA to instead focus on a lawsuit brought against the merger by the Department of Justice. That case is expected to begin in February. Should AT&T win, it’s expected that the carrier will re-apply for the merger’s approval with the FCC.
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Unread 2011-11-30, 03:19 PM   #220
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Public policy groups accuse AT&T of merger ‘gamesmanship,’ call for release of FCC docs




Putting it simply, AT&T’s planned purchase of T-Mobile USA is beginning to sound like a game of chess (with a sprinkle of politics, of course). Public Knowledge and Media Access Project requested Tuesday that the Federal Communications Commission release documents related to AT&T’s planned $39 billion acquisition of T-Mobile USA. The two public policy groups argue that “the public deserves for the Commission’s determinations to see the light of day.” AT&T recently withdrew its acquisition application from the FCC to focus on a lawsuit brought against the merger by the Department of Justice. The organizations believe AT&T pulled its application so that it can “seek a favorable decision” in federal court and then use that ruling to win the FCC’s approval. Read on for more.
Despite that viewpoint, there are several experts who believe AT&T will have to put everything on the table to win its case against the Justice Department, and a recent report suggested AT&T will offer to divest 40% of T-Mobile USA in an effort to win its case against the DOJ.
“This type of litigation gamesmanship wastes the resources of both the Commission and the federal court system,” Media Access Project and Public Knowledge said in a joint statement on Tuesday. “The Commission’s application dismissal rules are not designed to indulge this kind of behavior, and the Commission is well within its authority to protect the integrity of its procedures, deny the request, and move forward with its evidentiary investigation.”
The two groups argued that AT&T is “exhausting” limited resources and said it would be against public interest for AT&T to re-file with the FCC after its opponents, such as Sprint, have already spent valuable resources trying to fight the deal. The full joint press release follows below.
Public Knowledge and Media Access Project Accuse AT&T Of ‘Gamesmanship’ On Merger Application; Call For Release of FCC Order
November 28, 2011
Public Knowledge (PK) and Media Access Project (MAP) said today that AT&T and T-Mobile were engaging in “litigation gamesmanship” in the companies’ attempt to withdraw their merger application from the Federal Communications Commission (FCC).
In a filing with the FCC, the groups also said that the Commission’s order designating the transaction for a formal hearing should be released because “the public deserves for the Commission’s determinations to see the light of day.”
The filing is here.
The companies have said they have said the FCC has no authority to act on their withdrawal. PK and MAP disagree.
The companies have said publicly they aren’t withdrawing their application because they are reconfiguring their business deal, but “rather because they intend to seek a favorable decision in federal court, which the companies can then use to pressure the Commission to approve the merge,” according to the filing from PK and MAP.
The groups added: “This type of litigation gamesmanship wastes the resources of both the Commission and the federal court system. The Commission’s application dismissal rules are not designed to indulge this kind of behavior, and the Commission is well within its authority to protect the integrity of its procedures, deny the request, and move forward with its evidentiary investigation.”
“AT&T must not be allowed to triumph through use of its bottomless war chest when the facts are so clearly against it. To allow AT&T to exhaust the far more limited resources of public interest opponents by withdrawing the application at the end of the process, only so that it can refile under more favorable conditions after its opponents have spent their resources, is clearly contrary to the public interest,” PK and MAP said.
FCC rules not only allow the Commission wide latitude to determine what to do with the withdrawal application, they also allow the Commission to make public the voluminous order setting the takeover for a formal evidentiary hearing, PK and MAP said. They suggested that the Commission could issue an order releasing the FCC’s study of market conditions contained in the hearing order while at the same time requiring any future merger filings at the FCC from the companies be automatically designated for hearing while incorporating all of the evidence already filed.
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Unread 2011-11-30, 05:30 PM   #221
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AT&T: T-Mobile’s spectrum will be ours, one way or another





AT&T appears hellbent on getting T-Mobile’s precious spectrum, even if the FCC doesn’t give the full merger its blessing. The Wall Street Journal is reporting that should the deal between AT&T and T-Mobile fail, an outcome which is heavily favored at this point in time, AT&T and T-Mobile parent company Deutsche Telekom are already in talks to develop a joint venture which would pool AT&T and T-Mobile USA’s resources together to create a sort of combined network.
Details are obviously scarce at this point as to what the joint venture would look like, and whether the two companies would continue to operate largely independent of each other, or whether the companies would pool their staff resources as well and operate as a cohesive unit.
One thing’s for sure, despite seeing the writing on the wall, it appears AT&T is not backing down from this deal anytime soon. We’ll bring you more information as we get it.
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Unread 2011-12-01, 03:32 PM   #222
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AT&T Fires Back at FCC Staff Report on T-Mobile Deal



The U.S. Federal Communications Commission has invited questions about its impartiality with a staff report laying out concerns about AT&T's proposed acquisition of rival mobile carrier T-Mobile USA, AT&T said Thursday.
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The FCC announced Nov. 22 that its staff had found the proposed US$39 billion deal to be contrary to the public interest, and on Tuesday, the FCC released its 157-page staff report laying out concerns about the merger, while also granting AT&T's request to pull back its application to transfer T-Mobile spectrum licenses.
AT&T fired back on Thursday, calling the staff report unfair and lacking in objectivity.
"We expected that the AT&T-T-Mobile transaction would receive careful, considered, and fair analysis," Jim Cicconi, AT&T's senior executive vice president of external and legislative affairs, said in a blog post. "Unfortunately, the preliminary FCC Staff Analysis offers none of that. The document is so obviously one-sided that any fair-minded person reading it is left with the clear impression that it is an advocacy piece, and not a considered analysis."
The report raises questions about whether its authors were "predisposed," he added. "The report cherry-picks facts to support its views, and ignores facts that don't," Cicconi said. "Where facts were lacking, the report speculates, with no basis, and then treats its own speculations as if they were fact. This is clearly not the fair and objective analysis to which any party is entitled, and which we have every right to expect."
The staff report "dispassionately" analyzed the facts of the merger, based on a 200,000-page record and the participation of more than 50 businesses and consumer groups, an FCC spokesman said. "The AT&T/T-Mobile merger would result in the single greatest increase in wireless industry consolidation ever proposed," he added. "The objective analysis concluded, like that of the Department of Justice and multiple state attorneys general, that the transaction would decrease competition, innovation and investment, and harm consumers."
The FCC, in the staff report, has ignored its own findings that 90 percent of U.S. residents have a choice of five or more mobile carriers, Cicconi's blog post said.
The report also discounts AT&T's promised 4G rollout, he added. AT&T has said the merger will allow it to roll out LTE mobile broadband service to 97 percent of U.S. residents, instead of the 80 percent that the company had planned. The FCC report dismisses this commitment based on "speculation" that AT&T would expand its network even without the merger, Cicconi said.
The FCC report also ignores job gains that would likely come as AT&T expands its network, Cicconi added. AT&T and supporters of the merger have argued that AT&T's promised $8 billion in network deployment spending would create up to 96,000 new jobs at AT&T and other companies. The FCC, in October, estimated that its new $4.5-billion-a-year broadband fund would create up to 500,000 jobs over six years, he noted.
"This notion -- that government spending on broadband deployment creates jobs and economic growth, but private investment does not -- makes no sense," he said. "Conversely, if the FCC had applied to its own broadband fund the same analysis it used for our merger-related investments, the result would be similar -- zero new broadband, zero jobs, zero growth."
The FCC staff report concluded that AT&T would roll out LTE service to close to the same number of people as it promised it would after the merger, largely due to AT&T's competition with Verizon Wireless and its expanding 4G network. The staff report suggested, therefore, that any job gains due to an expansion of AT&T's network could not be directly attributed to the merger.
The merger itself would lead to "massive" layoffs as AT&T eliminated duplicative workers, FCC staff have said.
Opponents of the merger defended the FCC. "The FCC staff report explains in meticulous detail why AT&T's claims on every issue were simply not credible," said Harold Feld, legal director of Public Knowledge. "The staff went into exhaustive analysis of AT&T's economic models, engineering plans, financial data and public statements to come up with its conclusion that the takeover is not in the public interest."
The FCC "went out of its way" to give AT&T opportunities to make its case, Feld added. "It is time for AT&T to move on."
AT&T's rebuttal of the staff report ignores the impact of the merger on the larger mobile marketplace, said Jeff Kagan, an independent tech and telecom analyst. "The weak part of AT&T's position is it is only concerned with AT&T," he said in an email. "Agreed, this merger with T-Mobile would be good news for AT&T; however, the problem is it would not be good for the industry."
The merger would create two mobile giants, AT&T and Verizon, with much more power than any other competitors, Kagan said. "That limited number of competitors will harm competition, increase prices and reduce innovation," he said.
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Unread 2011-12-01, 03:38 PM   #223
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I still don't see with two major players how the FCC is allowed to block this... shady politics in my book.
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Unread 2011-12-01, 08:36 PM   #224
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Shady politics? This deal is not good. The FCC knows this. The public knows this. Hell, AT&T knows this.
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Unread 2011-12-01, 08:38 PM   #225
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Quote:
Originally Posted by KUweatherman View Post
Shady politics? This deal is not good. The FCC knows this. The public knows this. Hell, AT&T knows this.
Okay expert...
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