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Posts Tagged ‘Sprint’
August 2nd, 2019 at 1:33 pm
Texas A.G. Paxton Irrationally Joins Leftist A.G. Colleagues in Multistate Lawsuit Opposing T-Mobile/Sprint Merger
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Inexplicably, Texas Attorney General Ken Paxton has elected to join leftist state attorneys general in their multistate lawsuit opposing a T-Mobile/Sprint merger that the Department of Justice (DOJ) has approved, and a majority of Federal Communications Commission (FCC) commissioners support.

That lawsuit took the unprecedented step of challenging the proposed merger before the federal agencies had even completed their review process, demonstrating that their opposition had less to do with the facts and market realities of the case than political grandstanding.  Clearly, their state-level lawsuit centers not on the merits of the merger, especially in light of the DOJ’s announcement this week, which would introduce even greater network capacity and competition to the telecom marketplace.

By indefensibly choosing to join that lawsuit, Paxton now seeks to halt an extraordinary opportunity to accelerate innovation and 5G deployment in the U.S., bridge the digital divide in rural and urban communities and boost high-paying American jobs.

We at CFIF have long supported the proposed merger for all of these reasons and more, and we hope that Paxton and anyone else considering such a needlessly unwise position reconsider.

May 21st, 2019 at 11:29 am
WSJ Applauds FCC Chairman Pai, Commissioner Carr in Support of T-Mobile/Sprint Merger
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Echoing CFIF, today’s Wall Street Journal board editorial applauds Federal Communications Commission (FCC) Chairman Ajit Pai’s and Commissioner Brendan Carr’s expressions of support for the proposed T-Mobile/Sprint merger:

By joining forces, T-Mobile and Sprint will be better positioned to compete against wireless leaders Verizon and AT&T in the 5G era.   Sprint is sitting on loads of mid-band spectrum that boosts wireless speeds while T-Mobile boasts ample low-band spectrum that provides coverage.  The combination is likely to provide a faster, denser network.”

As they rightly conclude, “government penalties pale next to the powerful market incentives that already exist for Sprint and T-Mobile to rapidly build out their networks lest they lose market share to Verizon, AT&T, cable companies and even satellite startups being launched by Amazon and SpaceX.”  Well put.

April 22nd, 2019 at 1:09 pm
WSJ Urges Regulators to Approve T-Mobile/Sprint Merger
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We at CFIF have steadfastly highlighted the consumer benefits of the proposed T-Mobile/Sprint merger, and cautioned the federal government against any pointless and destructive objection to the deal.  In today’s Wall Street Journal, its editorial board encourages the Department of Justice (DOJ) to move forward on the deal:

The Justice Department lost its lawsuit to block AT&T’s purchase of Time Warner.  Yet now the antitrust cops are holding up T-Mobile’s merger with Sprint even though it could give AT&T more competition in wireless.  What gives?

A year ago, T-Mobile announced plans to acquire Sprint for $26 billion in stock, yet the merger is still stuck in government antitrust purgatory.  The Federal Communications Commission keeps pausing its 180-day shot clock on the merger review to let staff and third parties dig through documents to trash the deal.”

The piece goes on to neatly summarize the benefits the merger would bring:

With more than 100 million customers, the new T-Mobile would be a stronger competitor to Verizon Wireless (118 million) and AT&T (94 million).  It would also offer a broader mix of spectrum that would improve service.  T-Mobile boasts low-band spectrum that increases coverage in rural areas.  Sprint is sitting on mid-band spectrum that can transmit more data at higher speeds in urban areas.”

Simply put, it’s time for regulators to approve the merger to release the fruits that it promises.

February 8th, 2019 at 10:10 am
New York Agrees That a T-Mobile/Sprint Merger Would Serve the Public Interest
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Well, that didn’t take long.

Yesterday, the New York State Public Service Commission approved the proposed T-Mobile/Sprint merger as “in the public interest” after considering all of the relevant facts and competing arguments.

As CFIF and others have emphasized since the proposed merger’s announcement, the transaction would provide an enormous net benefit to the American economy and consumers, and there’s simply no reason for needless delay or misplaced opposition from federal, state or local governments.  In terms of faster 5G transition in the U.S., more jobs, more private telecommunications investment, greater market competition, broader nationwide coverage for consumers, capacity improvements, performance improvements and lower prices (as we highlighted just yesterday), this merger is a no-brainer.

Importantly, among other benefits to the public that we’ve emphasized, the New York Commission yesterday noted how the merger would result in a new entity whose whole would be greater than the sum of its current parts:

[T]he Petitioners have addressed concerns related to the broader issues raised by others in this case…  In response to claims that T-Mobile and Sprint would have built 5G networks in any case, the Petitioners assert that the new T-Mobile will be able to build a larger, more robust network in a more timely fashion, than either of the two companies on their own.”

We at CFIF applaud the Commission’s common-sense finding, and hope that other authorities will demonstrate similar rationality.  In particular, next week the House Judiciary and Energy & Commerce Committees will hold a joint hearing on the proposed merger.  As Energy & Commerce Committee Chairman Frank Pallone, Jr. (D – New Jersey), Judiciary Committee Chairman Jerrold Nadler (D – New York), Communications & Technology Subcommittee Chairman Mike Doyle (D – Pennsylvania) and Antitrust, Commercial & Administrative Law Subcommittee Chairman David Cicilline (D – Rhode Island) explicitly stated in their joint announcement, “We look forward to examining this merger from the perspective of what is in the best interest of consumers and hardworking people.”

Well, New York authorities examined that same question yesterday, and the answer was obvious in the affirmative.

February 7th, 2019 at 7:20 am
Proposed T-Mobile/Sprint Merger Already Bearing Fruit
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For months since its announcement, CFIF has enthusiastically supported the proposed T-Mobile/Sprint merger, based upon the myriad benefits that it offers the American economy and consumers.

Among those benefits, lower consumer prices stand among the most prominent.  Well, that prospective benefit is already coming to fruition.

Specifically, in a letter this week to the Federal Communications Commission (FCC), T-Mobile Chief Executive Officer John Legere committed to maintaining “the same or better rate plans” for the next three years as the merger occurs:

Critics of our merger … have principally argued that we are going to raise rates right after the merger closes.  I want to reiterate, unequivocally, that New T-Mobile rates are NOT going to go up.  Rather, our merger will ensure that American consumers will pay less and get more…                   

If we broke faith by raising rates and cutting back benefits, we would lose our loyal customers and destroy the future of our brand.  I want to assure you that we would never do this.  My management team and I can make this personal commitment because we believe in delivering on our promises, and we k now if we do not, we will lose credibility and the trust of our customers.  Our business plan and our future success are centered around building a world class 5G network for everyone and delivering more to consumers for less.                     

To remove any remaining doubt or concerns about New T-Mobile’s prices while we are combining our networks over the next three years, T-Mobile today is submitting to the Commission a commitment that I stand behind – a commitment that New T-Mobile will make available the same or better rate plans for our services as those offered today by T-Mobile or Sprint.  We believe this merger makes consumers better off, and we’re willing to put our money where our mouth is.  Period.

Of course, that’s not the only benefit to the American economy and consumer marketplace, as we’ve detailed.

Among other important improvements, the T-Mobile/Sprint merger would add another major competitor to the existing marketplace, and combine their current differing but complimentary assets.  The result will be more jobs, faster wireless, quicker transition to 5G technology in America, more choices for consumers, greater private telecommunications investment and all of the consequent innovation that market competition entails.

Nevertheless, the fact that the benefits to American consumers in terms of pricing are already arriving confirms the soundness of this proposed merger.

It’s certainly something for the House Judiciary and Energy & Commerce Committees must acknowledge at their joint hearing next week.  The alternative to a T-Mobile/Sprint merger is less investment, fewer jobs, less market competition, more harmful government intervention into the economy, slower 5G deployment and one fewer competitive market participant.

That’s simply an unacceptable and indefensible alternative.

February 1st, 2019 at 3:21 pm
Proposed T-Mobile/Sprint Merger Would Be a Win for American Consumers
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On February 13, the House Judiciary and Energy & Commerce Committees will hold an important joint hearing on the proposed T-Mobile/Sprint merger that promises greater innovation, more jobs, more private telecommunications investment, increased market competition, faster wireless and greater choice for consumers as America proceeds toward our much-anticipated 5G technological rollout.

Energy & Commerce Committee Chairman Frank Pallone, Jr. (D – New Jersey), Judiciary Committee Chairman Jerrold Nadler (D – New York), Communications & Technology Subcommittee Chairman Mike Doyle (D – Pennsylvania) and Antitrust, Commercial & Administrative Law Subcommittee Chairman David Cicilline (D – Rhode Island) state in their joint announcement that, “We look forward to examining this merger from the perspective of what is in the best interest of consumers and hardworking people.”

Well, the answer to that question is clear.

Compared to the current telecommunications marketplace, the T-Mobile/Sprint merger will mean an enhanced array of consumer services.  Sprint and T-Mobile currently possess differing but symbiotic assets, rather than overlapping ones that might otherwise simply mean a bigger company instead of two smaller (and less competitive) ones.  As a result, the new entity would create a new network with broader nationwide coverage, capacity improvements and improved wireless performance for customers compared to what American consumers currently enjoy.  As has been exhaustively demonstrated by CFIF and others, the proposed merger also promises lower costs for consumers, new jobs and necessary network upgrades.

In particular, the proposed merger offers significant potential benefits through deployment of the first 5G wireless network in the U.S., as CFIF has noted:

With an anticipated $40 billion investment in 5G, consumers will enjoy data delivery at a lower cost, and the incentive for competitors to similarly lower prices to consumers.  That will also prompt market competition to expand spectrum in rural areas in addition to urban centers, as well as capacity improvements for consumers.           

That’s how market competition works.  A T-Mobile/Sprint merger and its 5G deployment would also mean billions in new private infrastructure investment and countless new jobs.  In contrast, the absence of a T-Mobile/Sprint merger would mean slower deployment of a 5G nationwide network, and the absence of a market competitor of greater scale.  Ultimately that means consumers would lose.

There is simply no point in needless delay or contentiousness when the House Judiciary and Energy & Commerce Committees convene on February 13.  The proposed Sprint/T-Mobile merger offers only benefits to American consumers compared to the existing status quo.  The Committees must recognize that reality, lest we pay an unnecessary price in terms of slower 5G, fewer consumer choices, fewer jobs, less investment and less market competition.

 

June 13th, 2018 at 3:01 pm
In Good News for Consumers, Federal Judge Rejects DOJ Attempt to Block AT&T/Time Warner Merger
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In a decision that came as no surprise but nevertheless merits celebration, a federal judge yesterday rejected the Justice Department’s needless lawsuit attempting to block AT&T’s acquisition of Time Warner.

Whenever federal bureaucracies seek to disrupt functioning markets by prohibiting mutual agreements between two willing parties, they carry a heavy burden of proof to establish impending consumer harm.  In this case, the opposite was true – the federal government’s needless interference, not the proposed acquisition, would result in consumer harm.  Accordingly, Judge Richard Leon ruled that Justice’s allegations “do not come close to answering the question before the Court.”

So why is yesterday’s ruling important going forward?  Hopefully, it provides federal bureaucrats an abject lesson against future destructive campaigns of a similar sort.

As one immediate example, consider the proposed merger between T-Mobile and Sprint announced recently.  Although the T-Mobile/Sprint proposal involves characteristics unique to it, it offers the consumer market similar sorts of benefits.

Namely, T-Mobile/Sprint prospectively offers an enhanced array of consumer services in comparison to what is available today.  For example, the two current companies’ differing but complementary assets would create a new network with enhanced capacity, wider coverage and more effective wireless performance for customers than currently exists.  It also promises network upgrades, lower prices and job creation.  In particular, the proposed merger offers significant potential benefits through deployment of the first 5G wireless network in the U.S.

Through that $40 billion investment in 5G, consumers will enjoy data delivery at a lower cost, and the incentive for competitors to similarly lower prices to consumers.  That will also prompt market competition to expand spectrum in rural areas in addition to urban centers, as well as capacity improvements for consumers.

That’s how market competition works.  A T-Mobile/Sprint merger and its 5G deployment would also mean billions in new private infrastructure investment and countless new jobs.  In contrast, the absence of a T-Mobile/Sprint merger would mean slower deployment of a 5G nationwide network, and the absence of a market competitor of greater scale.  Ultimately, that means consumers would lose.

The Trump Administration has demonstrated to date how deregulation can turbocharge the economy and benefit American consumers.  That logic applies with added potency to the ever-evolving telecommunications market, and the Justice Department should learn its lesson and refrain from future needless interference that will only cost consumers and trigger embarrassing legal defeats.

July 12th, 2013 at 3:30 pm
FCC Spectrum Screen Should Encourage Competition, Not Pick Winners and Losers
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Last week, the Federal Communications Commission (FCC) approved a pair of sequential purchases:  (1)  Sprint’s purchase of the remainder of Clearwire’s spectrum, and (2)  the Japanese company SoftBank’s purchase of Sprint.  So far, so good.

Here’s the problem.  Those interrelated transactions presented the FCC with a perfect opportunity to reform the so-called “spectrum screen,” a tool that measures spectrum available for wireless use in order to ensure competition in the wireless market.  Unfortunately, the FCC failed to make any reform whatsoever to that spectrum screen framework, which will only serve to create even more regulatory uncertainty and discourage critical wireless infrastructure investment.

The screen framework has been, and can continue to be, a useful tool for assessing competitive effects of spectrum.  But until that framework is brought up-to-date to reflect all spectrum available and useable for mobile wireless services, the tool remains outmoded and flawed, effectively artificially picking winners and losers.

With the FCC’s inaction last week, a 2008 decision (the last time the FCC visited the spectrum screen issue) continues to guide spectrum aggregation policy.  In that decision, the FCC chose to ignore the bulk of Clearwire’s 2.5 GHz spectrum, counting only 55.5 MHz of it toward the screen.  By not revisiting the spectrum screen when it green-lighted last week’s transactions, the FCC continued to discount a large portion of spectrum available for wireless use.  It’s difficult to understand their rationale.

Sprint continues to advocate for its own interests, insisting that only one-third of its Clearwire spectrum should be included in the spectrum screen.  Sprint bought the remainder of Clearwire’s spectrum to pave the way for the SoftBank deal, to leverage the value of Clearwire’s network and to optimize Clearwire’s spectrum.  So while the FCC chooses not to tally all of Clearwire’s available BRS/EBS spectrum, SoftBank gained rights to the 2.5 GHz band.   In contrast, when AT&T previously acquired WCS licenses at 2.3 GHz, the FCC found that the spectrum was usable for mobile wireless services and made changes to the screen.

Curiously, the FCC’s order last week maintained that the three-way deal was not the appropriate vehicle for reviewing the spectrum screen because, from the Commission’s point of view, no spectrum was being swapped.  SoftBank, however, owns no U.S. airwaves.  Moreover, the FCC had previously ascribed Clearwire’s spectrum to Sprint.  Thus, the FCC oddly seems to believe that such an exchange of spectrum is not a transfer.

The FCC’s position not to adjust the spectrum screen in the recent transfer of spectrum to a Japanese owned company is disturbing, especially given that it is currently considering imposing—on an ad hoc basis—a spectrum screen on America’s two largest domestic wireless companies in the upcoming spectrum auction.

The spectrum screen, used properly and applied in a competitively neutral manner, can be a useful tool to protect competition in the wireless marketplace.  But the FCC should stop trying to exploit it to pick “winners and losers” in the marketplace.  Instead, the FCC should update its existing screen to ensure that it incorporates all available spectrum suitable for mobile wireless services.  Only then will it provide the market with the business certainty necessary to advance further infrastructure investment and wireless innovation.