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AT&T, T-Mobile Withdraw FCC Application: How OWS Played a Part

AT&T, T-Mobile Withdraw FCC Application: How OWS Played a Part

AT&T and T-Mobile announced Thursday that they have withdrawn their application for FCC approval of their $39 billion deal, which has been challenged by the US Justice Department. AT&T will take a one-time pre-tax $4 billion accounting charge to “reflect the potential break up fees due Deutsche Telekom in the event the transaction does not receive regulatory approval.” Deutsche Telekom AG owns T-Mobile; in a statement, the companies said that they had taken action after FCC chair Julius Genachowski indicated on Tuesday that he intends to put AT&T and T-Mobile through a “long and excruciatingly expensive administrative hearingafter the similarly “long and excruciatingly expensive court case the Justice Department has already lined up.”

The $4 billion represents the $3 billion cash and $1 billion book value of spectrum that AT&T had pledged in break-up fees to Deutsche Telekom, should the transaction not win regulatory approval. If AT&T and T-Mobile had chosen to face the FCC, it would have been at least a year before the deal could have been approved.

FCC staff said that, contrary to AT&T’s and T-Mobile’s claims, the merger would not produce benefits for consumers in the form of creating jobs — AT&T claimed 96,000 would arise from the deal — and expansion of wireless broadband, and that the proposed merger would further winnow down competition in the wireless market.

Public interest advocates called on AT&T to simply withdraw the deal. By withdrawing the application, the FCC is now unable to publicize its information showing that the deal is not in the interest of consumers:

“Withdrawal of the FCC applications should be seen for what it is: a concession that the deal would create a duopoly in the national wireless market that will result in higher prices and reduced choice in handsets,” said Andrew Jay Schwartzman, of the Media Access Project, in a statement. “AT&T was unable to show that it actually needs T-Mobile’s assets to build out high-speed broadband.”

AT&T announced the deal in March and has since been engaged in an intensive campaign to promote it to the public, state and federal regulators, unions and Congress. Back in March, the climate for the merger had seemed more favorable: The White House was stressing the need for “near-ubiquitous mobile broadband, which AT&T promised the acquisition would help accomplish.” Also, just a few months earlier, the government had approved a major telecom merger, between Comcast and NBC Universal; with the economy lagging, the government seemed in the mood to have a “friendly dialogue with corporate America.”

But then came Occupy Wall Street and the spread of anti-corporate America sentiment.

“Occupy protesters everywhere should take heart that one of the most politically well-connected corporations does not always get whatever it wants from the U.S. government,” said Cathy Sloan, vice president of the Computer and Communications Industry Association. “This is one company that is not going to get a pass.”

Despite AT&T’s carefully orchestrated lobbying campaign, which won over many state attorneys general and members of Congress, the public hostility toward corporate interests has been growing. That was evident in the consumer backlash against Bank of America’s proposed debit card fees and word that consumers were withdrawing savings from big banks and turning to smaller credit unions.

In their statement, AT&T and T-Mobile said that they would refile with the FCC “as soon as practical.”

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Photo by Roger Schultz

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8:51AM PST on Dec 13, 2012

Thank you for sharing.

2:37PM PST on Nov 29, 2011

I was an AT&T customer forboth a cellphone and landline - i changed lboth ast year and have mever been happier..Yime for Ma Bell to move over .. and don't know OWS part in this .. doubt that ..

8:11PM PST on Nov 27, 2011

Glad to see this go down, and Hooray for Occupy Wall Street IN ALL CITIES!

12:49AM PST on Nov 27, 2011

Thanks for the article.

8:32AM PST on Nov 26, 2011

I read where AT&T is going to buy up the German Tmobile and get in the back door - but not if I have anything to say. If AT&T buys up Tmobile, I'll find another server.

10:34PM PST on Nov 25, 2011

As a T-Mobile customer I had a moment of elation, but then as Deutsche Telekom has stated, even though they are doing well in Europe, they still have plans to unload the US branch of their company. So who knows what the future is for T-Mobile?

I was going to sign up for 2 more years so I'd be locked into a good rate. After that, I would not stay with AT&T...they are the most expensive of all the cell companies here in the US for smart phones.

I came over from years with Verizon and have had great coverage with T-Mobile along with affordable rates and great customer service. Been with T-Mobile for almost 5-years. But again, who knows what the future will bring?!?

4:40PM PST on Nov 25, 2011


3:50PM PST on Nov 25, 2011


12:23PM PST on Nov 25, 2011

Great news.

12:17PM PST on Nov 25, 2011

AT&T will try to make money on this one way or another. TODAYS retreat won't end the war. They have bought waaaay too many POLITIONS to just give up. Keep your eyes open and your hand on your wallet. There will be another twist coming in this story. In the meantime a little celebration is discretely in order. OUR GOVERNMENT WORKED!! Please join me in taking names.

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