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FCC Pledges Extensive Review Of AT&T/T-Mobile Deal, Chairman Hints At Lack Of Competition

In a conference held just moments ago the FCC discussed the steps it would take to evaluate the proposed AT&T and T-Mobile acquisition. Paperwork has been filed by the FCC and the real fun begins for AT&T and T-Mobile to submit their own documentation which will be done under strict confidentiality.

According to todays call the FCC and DOJ will conduct a parallel review of the deal not unlike the approval process performed for the Comcast/NBC acquisition. In order to properly evaluate the deal, the FCC will take into consideration their own spectrum plans, affects of the merger for the competition in the short and long term and how or if the merger might advance technology.

Moreover, the FCC said that it will consider competition heavily and examine the number of carriers left and the portions of the market each of those carriers will control. The FCC will also perform a market-by-market spectrum analysis.

However, the FCC Chairman, Julie Genachowski has hinted albeit indirectly that he believes the state of the wireless market in the US would not be as “rosy” as AT&T suggests it would be post T-Mobile acquisition. Speaking to the Washington Post, Genachowski pointed to an FCC report from last May which indicated:

“There appears to be increasing concentration in the mobile wireless market. One widely-used measure of industry concentration indicates that concentration has increased 32 percent since 2003 and 6.5 percent in 2008.”

While AT&T has argued that a market-by-market analysis which will show that at least four carriers and sometimes five are available in most cities, consumer groups are taking issue with that notion. Their is a concern by such consumer watchdog groups that the two biggest wireless players, AT&T and Verizon are just getting bigger and smaller competitors aren’t able to keep up especially in light of specialized deals with companies like Apple that gives AT&T and Verizon a significant heads up.

Needless to say the wheels are now in motion for the deal to be pushed through, held up or killed altogether. One thing is for certain, AT&T will be doing all it can and use all of its lobbying muscle to push this through, publicly because they need they spectrum and privately because AT&T just doesn’t’ want to lose this deal or end up having to write T-Mobile a $3 billion dollar check.

PhoneScoop, WashingtonPost, FCC (1), FCC (2)

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POSTED ON April 14, 2011, , , , , , , , ,

Comments:10

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  1. Stevejaye Reply
    11/04/14

    How about T-mobile USA and a IPO?

  2. SemiSpook Reply
    11/04/14

    Sure, Deutsche Telekom may be losing money on T-Mobile over here in the US, but look at the system that’s in place. Verizon and Sprint still rely on CDMA in order to do anything (and that’s the main reason that Verizon STILL can’t do data/voice simultaneously), while AT&T and T-Mobile are the main TDMA/GSM providers. Sure, there’s a tiny bit of spectrum overlap at 900 MHz, but T-Mobile also operates in the 1.8 GHz range. AT&T has done an extremely poor job of both their network development AND customer service, so much so that it’s only logical (for them) to buy up the competition. Problem is, nobody else is able to compete with AT&T because of their access technology. The reason GSM is wildly popular in Europe is that not only are the devices unlocked, but much like everything else, country borders include their RF spectrum. It’s entirely possible that you could go through several countries within a day’s travel, but you need to ensure that your equipment is going to work in each country you pass through. No way around it.

    Here, it’s a bit different. It’s just a giant expanse, but we can’t seem to get past the fact that a lot of people have the ol’ NIMBY attitude when it comes to any sort of infrastructure project (substation, tower, highway, etc.). If people understand the fact that a couple of extra cell towers, as “hideous” as they may look (which people really need to get over), may provide the right amount of connectivity and coverage, there wouldn’t be so many issues with specific carriers. Also, this whole “subsidizing” thing is a pain, too. People are beginning to catch on to the fact that they can get a phone off of eBay or (horrors) bring one back from overseas and it’ll work here with the right SIM card inserted. T-Mobile’s had it right to let market forces work to get subscribers (although it’s a pain with the ETF in place right now) with the EM+ plans. That’s choice. AT&T and VZW want nothing to do with that model because they know they’ll end up losing more money. DT’s not happy about it, sure, but that’s because people don’t want to do the simple math and say, “Hey, I’m paying less per month on my service because I’m not locked into anything, and I don’t HAVE to buy a new phone from the provider if I don’t want to.”

  3. Joe Reply
    11/04/14

    Is it just me, but if T-Mobile would just get the iPhone (whether you love it or hate it) they’d easily jump to second place in the wireless carrier race, due to their constant build out of their network, stellar customer service, affordability, and then a giant influx of customers.

  4. 19fonzy Reply
    11/04/14

    And don’t forget their awesome line up of upcoming android phones

  5. Punisher2all Reply
    11/04/14

    I’m not a religious man, but if you’re out there, STOP this deal SUPERMAN!!!

  6. Anonymous Reply
    11/04/14

    And AT&T better be ready with an answer on what it intends to do with T-Mobile’s 42,000 thousand employees.

    Fact is, with an acquisition AT&T biggest headache is labor costs. Obviously AT&T does not intend to absorb T-Mobile’s monthly payroll, that’s in the billions. That expense is the main reason acquiring companies fire most of the acquired company’s employees.

    But in these hard economic times and the fragile recovery period, Washington is not going to let AT&T add thousands to the nation’s unemployment rolls. In fact, in looking closely at this transaction Congress and regulators could be bowing to pressure from the White House, to not approve this deal (or at least delay until after the 2012 election) . Reason: the nation simply can’t afford to lose that many jobs.

    Sidenote: Unemployment concerns and “what to do about T-Mobile employees” could be the bases for Washington to get concessions from AT&T, significant stipulations, if you will.

    And I still think that the way AT&T might deal with all the headaches is to agree to operate T-Mobile as an “intact” separate division or entity, for at least the next five years, during which time AT&T can slowly absorb or fold T-Mobile into AT&T. That’s the only way I see AT&T mollifying people and entities opposed to this deal.

  7. Danielle Arredondo Reply
    11/04/14

    tmobile will be sold no matter what happens. dt does not want to keep tmobile. it is not profitable and they have made it clear they do not want to keep putting time and money into it. if you don’t like at&t, then move to sprint. they are the next in value and thier customer service has greatly improved.

  8. DtheArtist Reply
    11/04/14

    If they base it off of the factors that are mentioned, the ‘merger’ should clearly not go through. So, I put my faith in them staying true to their word for how they’ll make a final decision in this review.

  9. BossManAtl Reply
    11/04/14

    I agree. We need to do everything we can to preserve the jobs we have and create more jobs so that our country will grown and prosper. AT&T is money hungry and does NOT care about how this will impact everyone else. They are no different from the tyrants we battle everyday over in other countries. I for one will stand for what I believe in and remain anti AT&T. ┌∩┐(-_-)┌∩┐ AT&T

  10. Anonymous Reply
    11/04/14

    We are in for a dramatic and exciting ride for the rest of this year! I just hope we don’t see a lot of these little victories only to be sold off like cattle.

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