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AT&T/T-Mobile Merger 'Not In the Public Interest'

jfruhlinger writes "AT&T's plan to merge with T-Mobile just hit a pretty big snag. The FCC declared the merger would be anti-competitive and not in the public interest." According to the NY Times, the FCC seeks to hold a hearing before an administrative law judge in which the burden would be upon AT&T to prove the deal isn't anti-competitive.

23 of 190 comments (clear)

  1. I agree by larry+bagina · · Score: 5, Funny

    T-Mobile has a banging-hot chick in their advertisements. AT&T does not have a banging-hot chick in their advertisements. Banging-hot chicks are clearly in the public interest.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

    1. Re:I agree by Anonymous Coward · · Score: 5, Insightful

      Who cares if she negatively affects fat girls' self image? She's banging hot!

    2. Re:I agree by artor3 · · Score: 4, Insightful

      So you feel that "disproportionately-skinny and negatively-affecting female self-image chicks are clearly in the public interest"? Chauvinist bastard!

    3. Re:I agree by gmhowell · · Score: 4, Informative

      And before anyone trots out the "Marilyn Monroe was a size 16" bit of tripe, understand that 1960 size 16 is not the same size 16 as 2011.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    4. Re:I agree by gmhowell · · Score: 4, Funny

      disproportionately-skinny

      The ads were originally aired in Europe with average-looking women. They just forgot to replace them with average-looking American women when they exported it.

      Not all of us have the 16:9 tv required to view average looking American women.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  2. So let me get this straight. by aristotle-dude · · Score: 5, Insightful

    This is not in the public interest but allowing fragmentation of cellular standards between GSM/HSPA and CDMA was in the public interest by allowing the major carriers to offer incompatible services so that they did not have to directly compete with each other was? Was it in the public interest to allow a a further fragmentation of GSM/HSPA between standard HSPA with AT&T and AWS for T-Mobile? Was it in the public interest to allow further fragmentation of CDMA with Sprint going early with CDMA + WiMax?

    The major carriers could have all agreed to use HSPA years ago and shared the standard frequencies used in Canada just like how Canada has Telus, Bell, Rogers and smaller virtual carriers all operating HSPA frequency networks compatible with the iPhone and other popular handsets.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
    1. Re:So let me get this straight. by dave562 · · Score: 4, Interesting

      They let the market sort it out. I might not have been the best approach from a technical point of view, but from a capitalistic point of view it was fine. Given that the carriers practically give away phones every time you sign a contract, having to wait a year or two to jump carriers is not the end of the world. It would be great if you could take your phone with you, but that would be unAmerican. I would rather that the carriers get to decide what technologies they want to use. Expecting the government to make educated decisions when it comes to technology is unrealistic.

    2. Re:So let me get this straight. by PRMan · · Score: 4, Informative

      And CDMA works better in wide open spaces and GSM works better in populated areas. Is it any wonder that Sprint and Verizon rule the Southwest while AT&T rules the Northeast? Having the government choose a single standard would have been a mistake.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    3. Re:So let me get this straight. by Anonymous Coward · · Score: 4, Informative

      AT&T's incompetence doesn't necessarily mean that GSM is a bad implementation. It just means that AT&T sucks. I've had T-Mobile for a few years and it works fine in the populated areas I live in.

    4. Re:So let me get this straight. by aristotle-dude · · Score: 4, Informative

      Yeah... there is no way you can seriously be arguing that the state Canadian telcoms are in is preferable what we have here in the US.

      Hmm. Let's see.... I can get a subsidized iPhone 4S on any plan combination of data and voice as long as it is at least 50 dollars per month and I can choose one of the following HSPA+ carriers: Rogers, Fido, Bell, Telus, Koodo, Virgin or one of several regional carriers if I happen to live in a couple of the provinces. Canada got unlocked iPhones a year before they became available in the US and several of the carriers offer unlocking either 90 days into the contract in good standing or at the end of the contract. I got my 4S subsidized on a 70 dollars per month plan that included 6GB of data (free tethering), 6pme evenings and weekends, 10 favourite numbers, unlimited texts/MMS and voice mail.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    5. Re:So let me get this straight. by don.g · · Score: 4, Informative

      2G GSM has limitiations due to the time-division nature of its air interface that makes covering large areas not work due to propogation delay. 3G GSM *is* CDMA. It covers large areas well at a lower frequency, but initial deployments were all at 2.1GHz which has issues with signal propogation (read: doesn't go through buildings/etc as well as sub 1GHz GSM).

      Minor nitpick: in the above I use "CDMA" to mean "Code-division multiple access", a generic description of the approach that the IS-95 and 1xRTT air interfaces use -- they are commonly referred to as CDMA, they're what sprint/verizon use/used, but there are other protocols that use that approach too.

      --
      Pretend that something especially witty is here. Thanks.
  3. Re:Verizon and Alltel was OK by x1r8a3k · · Score: 5, Insightful

    Alltel had about 800,000 customers.
    T-Mobil has 33,000,000.
    Not really on the same scale there.

  4. AT&T mouthpiece by dave562 · · Score: 5, Insightful

    Larry Solomon, senior vice president of corporate communications at AT&T, called the F.C.C.’s action “disappointing.”

    “It is yet another example of a government agency acting to prevent billions in new investment and the creation of many thousands of new jobs at a time when the U.S. economy desperately needs both,”

    Just because AT&T continues to say that the deal would result in investment does make it true. If they were interested in investing in infrastructure and jobs, they would do it. Instead they want to buy T-Mobile, loot whatever is left in their coffers and lay off all of their workers.

    When an organization as corrupt as the United States government is coming out against a deal, you can be certain that something is rotten in Denmark.

    1. Re:AT&T mouthpiece by hedwards · · Score: 4, Insightful

      I think the relevant bit here is that there are some lies that are so big that even government agencies can't look the other way. This would be one of them. AT&T would have brought a bunch of low paying call center jobs back to the US and laid off a significant number of technicians that would no longer be needed to maintain the duplicate infrastructure.

      I'm not sure how anybody could possibly buy the notion that prices would go down when competition is reduced form 4 to 3 companies. And probably from there to 2 companies.

  5. Re:The SEC matters, not the FCC... by Martin+Blank · · Score: 5, Informative

    The FCC's input in this is important, since its approval is required by law.

    The odds of the merger happening have dropped dramatically, though I think they were less than even before this.

    --
    You can never go home again... but I guess you can shop there.
  6. for those not in the know: by wierd_w · · Score: 5, Interesting

    The reason why allowing att to buy tmobile is "epically, boneheadedly bad for the public interest" is as follows:

    The FCC licensed both tmobiles and atts GSM spectrum as exclusive licenses.

    This means that if you want to use a gsm technology device on internaltionally standardized frequencies in the us, you either use att, or tmobile. (Or one of their downstream sublicensed local carriers.)

    Allowing tmobile and att to merge (given the lopsided nature of such a process though, "buyout" seems more applicable..) would create a single, exclusively licensed "super carrier" that owns the whole standard gsm band, creating a natural monopoly. Historically, natural monopolies have never been in the public's best interest. (See standard oil, bell telephone, etc.)

    Add to that the leaked inside documents showing that the cost of aquisition of tmobile exceeds by a large sum the estimated costs of builing out comparable capacity on att's existing network infrastructure, and also the fact that once att owns tmobile's spectrum license, it can choose to revoke any downstream sublicensing agreements with local gsm carriers that are currently contracted with tmobile.

    The potential for upheval in the already low-diversity market for gsm carriers, the potential for massive job destruction from having licenses pulled, and the omnipresent risk of abusive monopoly pricing with no free market alternative (CDMA is not a valid alternative if you require international operation) is simply and demonstrably unacceptable.

  7. Re:The SEC matters, not the FCC... by EmagGeek · · Score: 5, Interesting

    The merger would most certainly require FCC approval, and would not be able to be completed without it.

    You're right that the FCC's input to the SEC is unimportant, because the FCC does not need to explain itself. It can simply say "no" and that would be that.

  8. Don't make the same mistake as Canada! by kenneth_hk_wong · · Score: 5, Interesting

    This CDMA vs GSM debate is totally off topic. WRT the merger question, the FCC is totally right. Like AT&T want to do, Rogers did acquire FIDO because this pesky little competitor in the GSM space (Bell and Telus have CDMA networks) dared come out with a very competitive "unlimited" plan (CityFido for those that remember). Friends of mine that were lawyers in this field were shocked that the CRTC allowed this merger to happen. At very least, they thought the CRTC would have used their regulatory authority to impose some undertakings, for example, you must grandfather not only CityFido subscribers, but continue to offer this plan for X number of years. They didn't and the first thing that Rogers did was essentially eliminate the CityFido plans as they had existed.

    Now Canada has among the lowest rates of smartphone/cellphone usage and subcriber base in the world and surprise, among the highest smartphone/cellphone pricing in the world. Just google it and you will see. A survey I saw not long ago put Canada around Peru for cellphone subscription rates. What an embarassment.

    It was a huge battle to bring in a competitor (Wind Mobile) because of the narrow interpretation of the legislation the CRTC used to the benefit of the incumbents. The Canadian market desperately needed new competitors to shake up the market because the incumbents were clearly operating as oligopolists and the regulator was letting it happen unabashed. It took an act of Cabinet to overrule the regulator and though rates have dropped 30% overnight, Wind is not having an easy go at it. The Egyptian financial backer actually regrets jumping into the market. Just google Wind Mobile in the news and you can see for yourself.

    In this case, Canada is not living up to that mythical socialist ideal that so many Americans think we are. In the wireless space we are where the US incumbents want to be if they could buy off the politicians and the regulators. Less competition, more profits!!!! The Canadian wireless market is a textbook example of how certain industries NEED regulators to keep anticompetitive behaviour under control in order to encourage growth and advancement.

    As a Canadian, I used to look longingly at the rapid pace of innovation and the menu of options you have in the US. Mega-mergers like this will take you along the path to where we are in Canada.

    Good luck to you!

  9. Re:the new att same as the old what next for them by hawguy · · Score: 4, Insightful

    you have to rent your home phone?

    And the major cell carriers have continued that business model by getting most people to rent their cell phones. It's not like my cell phone bill is reduced after my 2 year contract term is up and my phone subsidy is supposedly paid off.

    Except on T-Mobile where on their value plans, you actually do save money when the phone is paid off.

  10. What's the alternative? by damn_registrars · · Score: 4, Insightful

    I heard that T-Mobile wants to rid themselves of their US division. If it isn't making enough revenue to be kept on the books, it probably isn't doing well enough to stand on its own either. Which likely means it will just fold up completely.

    Hence either T-Mobile is bought out by AT&T and we have one fewer carrier, or T-Mobile goes under and we have one fewer carrier. It seems like we might at least preserve a few jobs with option number one that would otherwise be lost with option number two. The other main carriers don't want to buy a GSM provider, it doesn't make technological sense. They just want a shot at picking off some T-Mobile customers that they might not otherwise get if AT&T buys them out.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  11. Re:The SEC matters, not the FCC... by Miseph · · Score: 4, Interesting

    Have you seen the current Republican field? I wouldn't hold your breath, though the major cell carriers certainly should.

    --
    Try not to take me more seriously than I take myself.
  12. Re:Verizon and Alltel was OK by Faux_Pseudo · · Score: 4, Informative

    Alltel wasn't "regional". Rural would be more accurate. Can't really call something that was licensed in states from OR to CT "regional". While they only had 800,000 customers they also were the number one CDMA roaming partner for the carriers. I don't know for sure but I think they may have made more off their roaming agreements than their customer base. That was a major reason that VZW bought them.

    Sprint buying T-Mobile would earn Sprint the title as dumbest company ever. Their networks aren't compatible. It would be Sprint Nextel all over again.

  13. T-Mobile has what?!?!?! by LostMyBeaver · · Score: 4, Informative

    Did you just suggest that T-Mobile, AT&T, Sprint or Verizon has a full national network?

    I just drove from New York City to Tampa Florida and back this summer. This is by far the most densely populated part of the country... straight down I95... I had a GSM phone with a T-Mobile card, another GSM phone with my Norwegian card (which bounces from network to network) and I had a Sprint phone which I bought a while back... between the three of them, I managed to have slightly better than despicable coverage while driving. Oh... I also had a T-Mobile 4G wireless modem.

    For nearly 50% of the trip, I had no Internet access. For about 80% of the trip, I couldn't get anything better than edge. For about 20% of the trip, voice was not available. For another 20% of the trip, the call quality was so shitty that there wasn't even any point of calling. In the many of the gigantic malls we stopped in (for food and air conditioning... it was July and my family is Norwegian... HOT!!!) we'd run around begging for wifi access from stores because 2G, 3G and 4G wouldn't work in the malls. Hell, I thought it was hilarious that the Best Buy where I bought the 4G modem didn't even have 4G access... or 3G... or 2G... or even respectable voice. Then later at a different mall, I stopped into a Radio Shack to get a T-Mobile refill card and I couldn't even use it until I drove 20 miles because I couldn't get internet access anywhere near there. Can you say Microcell?!?!?!

    Anyway, if the FCC gave a shit, they would not only let this happen, but they would also require that the PCS network was gradually replaced with a GSM network and that AT&T and Sprint should have to share access to their networks with each other so that the consumer would benefit. The FCC would then on top of that start providing funding to either of those companies or to smaller startups to build out the GSM network so that maybe one day, the U.S. might have better mobile phone service than most third world countries. .... P.S. - I know the U.S. is big... but when I drove from Oslo, through rural Sweden, through Rural Denmark, Rural Germany, Rural Luxembourg, Rural Belgium, and Rural France to Disney Paris 7 years ago, there wasn't a single point on that trip I didn't have good Internet access. I have also visited cabins in central Norway where the population density is approximately 1 person per 10km sq. and had no problem getting 3G and that was 3-4 years ago.