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AT&T Stops T-Mobile Merger Bid With the FCC

An anonymous reader writes Relationships are tough and it looks like AT&T and T-Mobile's has stopped before it even started. From the article: 'AT&T and T-Mobile have announced that they will remove their pending applications to the FCC for their merger bid. This comes after statements from the FCC chairman 'strongly opposing the merger'. In doing so, AT&T has agreed to pay T-Mobile 4 Billion US dollars to cover accounting and other costs that this may have caused. While AT&T would still like to merge, it is unlikely that they will gain antitrust clearance from the Department of Justice. It's the antitrust aspect that this is mostly about, in that AT&T has said that they want this move to free up the FCC to consider all options, and focus both AT&T and T-Mobile on the pending antitrust.'"

46 of 169 comments (clear)

  1. Perfect! by Anonymous Coward · · Score: 4, Funny

    Yay!

    That means the T-Mobile commercials with that hot girl in pink will continue!

    1. Re:Perfect! by Anonymous Coward · · Score: 5, Funny

      You're just saying that because you haven't seen the "Can you hear me now?" guy in a magenta miniskirt.

    2. Re:Perfect! by reub2000 · · Score: 2

      I just wanted AT&T to have commercials where people randomly starting dancing in a train station.

    3. Re:Perfect! by garyebickford · · Score: 2

      Great. Now can you please send my the sandpaper to get that image off my eyes... :P

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    4. Re:Perfect! by Anonymous Coward · · Score: 3, Funny

      Now I have an image of James Earl Jones in a magenta miniskirt stuck in my head. Thanks a lot.

  2. Holy Shit! The Solution to Global Warming! by erroneus · · Score: 5, Funny

    Hell just froze over. I am not sure I can sleep tonight.

  3. Corporate Dead Pool 2012 by damn_registrars · · Score: 4, Insightful

    T-Mobile is now officially my #1 entry. Deutsche Telekom was looking to get rid of them, and I don't see them being likely to hold in there very long without them.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Corporate Dead Pool 2012 by Burdell · · Score: 5, Insightful

      I expect T-Mobile will still be sold, just not to another major mobile phone provider. I wouldn't be surprised if CenturyLink ends up buying them; they are the largest telecom company without a mobile presence.

      There's too many customers and too much spectrum for them to just be shut down. They're even still showing growth, just not as much as AT&T and Verizon (and not as much as Deutsche Telekom would like).

    2. Re:Corporate Dead Pool 2012 by damn_registrars · · Score: 2, Insightful

      I expect T-Mobile will still be sold, just not to another major mobile phone provider.

      I disagree. I think T-Mobile has reached a state of corporate radioactivity. Their coverage is mediocre, their pricing is nothing extraordinary. and they have the worst phones of any major US carrier.

      T-Mobile is the only major carrier in the US who does not carry the iPhone (as just one example). T-Mobile hasn't had a new BlackBerry phone in a very, very, long time (as another example). If they can't get phone manufacturers to believe in them, how will they get a potential investor to? They have one foot in the grave already and there is nobody looking to throw them a line.

      There's too many customers and too much spectrum for them to just be shut down.

      Too many customers is not a valid reason for a company to stick around. T-Mobile customers will just become prey for the remaining carriers. They'll be in liquidation before 3Q 2012 and AT&T will be buying up their towers in cities where they want to increase their coverage. The rest of their towers will become roosts for birds.

      They're even still showing growth

      Any idiot can grow a cell phone company right now. Teenagers are viewing phones as a right-of-passage in this country today, and kids younger than them are getting them at an alarming rate as well. That is new customers coming in off the street without having to do anything at all, and as long as text messages stay expensive the providers have a gold mine by way of all those kids.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    3. Re:Corporate Dead Pool 2012 by sdnoob · · Score: 2

      centurylink won't happen.. they just took on over 10 billion in debt (overall debt now is 20+ billion) from the quest buyout... .... and you wouldn't want it to, either. they suck.

      besides, they were in the wireless game.. but the clueless morons that run the company sold that part off back in 2002 (to what was then, alltel).. idiots.. friggin idiots

      _____

      about time the government puts their foot down on these mega mergers... everybody wins.. especially tmobile. 4 billion in cash and spectrum is a pretty sweet haul.

    4. Re:Corporate Dead Pool 2012 by Anonymous Coward · · Score: 2, Informative

      they have the worst phones of any major US carrier.

      T-Mobile has the mytouch 4g slide, which is currently the only qwerty phone with a dual core cpu ... i certainly would prefer that over my single core Epic...

    5. Re:Corporate Dead Pool 2012 by Anonymous Coward · · Score: 2, Interesting

      Which is why Apple will shockingly buy them and then make them the only domestic iPhone carrier once their deals with other companies are over.

    6. Re:Corporate Dead Pool 2012 by garyebickford · · Score: 2, Insightful

      Those customers are worth between $250 (the costs cell companies are now paying to acquire each new customer) and $500 (a reasonable one-year follow-on profit per customer) each to another provider - but none of the Big Three can now touch T-Mobile. So it's going to be a new entrant. T-Mobile is an excellent way to buy into the US market for someone with the balls and the resources to do it.

      If they had another few $billion they could build out their network as the best nationwide 4G, and expand their customer base with ridiculous incentives. (Just for instance, imagine a network so good that they could support their entire customer base with full-time streaming, 24 hours, no limits. Overkill? I don't know. It's just an example.) If they can manage to do all that, and grow fast but not so fast that they lose the great customer service that they used to have (and I hope they still have - I had to leave T-Mobile several years ago for work reasons), they could be a major player.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    7. Re:Corporate Dead Pool 2012 by rickb928 · · Score: 2

      Jobs always wanted to be a carrier. It could work, but they would need to grow coverage bigtime.

      Google is not interested in that. Trust Me.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    8. Re:Corporate Dead Pool 2012 by SpaceLifeForm · · Score: 4, Interesting

      Google should buy them.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    9. Re:Corporate Dead Pool 2012 by Voyager529 · · Score: 4, Interesting

      Their coverage might not be all that great in the middle of the desert like Verizon is, but I've got Verizon in one pocket (courtesy of work), and T-Mo in the other. In the New York suburb where I live, coverage is mostly comparable; places where T-Mo drops the call, my Verizon phone is showing less than -100dbm coverage itself. Also, while I've found Verizon to have a bit better latency numbers, my download speed on T-Mo 3G is sometimes double Verizon's numbers, likely due to the fact that there are relatively fewer people saturating the backhaul.

      As for phones, fine, they don't have the iPhone officially. They do, however, unofficially support unlocked iPhone models on their network. T-Mobile has the Blackberry Torch now, though using a Blackberry as an example did cause a slight lol. They have more Android phones than anyone else, in more form factors, and if memory serves more WP7 phones as well.

      While I unfortunately agree that T-Mo's future is questionable, I think that making it well known that they're officially not becoming AT&T will likely help spur sales. I knew a lot of people who were considering going to T-Mo, but didn't want to become AT&T customers. This may restore enough confidence to make the growth start happening for them.

    10. Re:Corporate Dead Pool 2012 by DarwinSurvivor · · Score: 2

      Knowing slashdot, the day traders had this story a month ago!

    11. Re:Corporate Dead Pool 2012 by drinkypoo · · Score: 2

      I was thinking about getting a T-Mo phone, but then AT&T announced their intent to consume it and turn it into another tentacle of their operation. Now that's not happening, I can take another look. I suspect a lot of people will consider going to T-Mobile just because it's not AT&T and won't become AT&T soon.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    12. Re:Corporate Dead Pool 2012 by Sipper · · Score: 4, Informative

      Just FYI: Deutsche Telekom has outright told workers at T-Mobile that if the deal with AT&T fell through that they would seek another buyer to sell T-Mobile to. The impression is that they want to get out of the US market, but remain in the European market.

    13. Re:Corporate Dead Pool 2012 by jonbryce · · Score: 2

      They are a GSM carrier, the vast majority of the phones sold in the world, though not in the USA, work with T-Mobile. They have a spectrum licence in the largest economy in the world. The other stuff can be sorted out. Someone will buy them.

    14. Re:Corporate Dead Pool 2012 by GameboyRMH · · Score: 2

      It's really too bad carriers got tied to phones somehow in the US. In most other countries the choices are no more tied together than your choice of car and choice of gas station.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    15. Re:Corporate Dead Pool 2012 by Karl+Cocknozzle · · Score: 2

      Which is why Apple will shockingly buy them and then make them the only domestic iPhone carrier once their deals with other companies are over.

      I think this is one of the few non AT&T options that makes any sense. T-Mobile's coverage isn't anywhere near as good as Verizon and AT&T... but they're better than both where I live, which is why I use them. I was very very hesitant to sign a new contract with T-Mobile, knowing they might get absorbed into AT&T next year, and I'm stuck with craptastic AT&T service for the next two years.

      Risks? Yeah, there are a few. In some places, T-Mobile's coverage is for shit... Florida comes to mind, with Orlando having by a wide margin the most horrendous coverage... I was "roaming" most of the time at the convention center. But those issues are resolvable by locating and buying regional/local GSM carriers and rolling them into the T-Mobile network. AT&T's problem, of being in the "money printing" business instead of the "Communications" business, isn't really solvable anytime soon. Once a company gets too big you can't really "Fix" the parts that are broken because there are too many diverse interests pulling everyone in different directions, and too much money on the table for the executives to take any radical, non-obvious steps in operating the business.

      --
      Who did what now?
    16. Re:Corporate Dead Pool 2012 by damn_registrars · · Score: 2

      Carlos Slim is an interesting possibility, but his record in the US is not great. The first corporate purchase he made here that I can think of was CompUSA, which he promptly watched get driven into the ground. Granted, that was a company that excelled at promoting wholly incompetent people to upper management and corporate purchasing decisions, but nonetheless he watched a moderately profitable company slide right past mediocrity and into bankruptcy. I don't see why we could expect him to improve T-Mobile in any way, shape or form; rather if he (or his investment group) bought it I would expect it to deteriorate even more rapidly.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    17. Re:Corporate Dead Pool 2012 by Bill_the_Engineer · · Score: 2

      I think T-Mobile has reached a state of corporate radioactivity. Their coverage is mediocre, their pricing is nothing extraordinary. and they have the worst phones of any major US carrier.

      I disagree. T-mobile has a nice GSM network with pretty good coverage. Their "4G" offerings have expanded considerably since the military has now vacated most of the AWS band. Their pricing is very competitive; To the point where AT&T depended on the iPhone to save their collective asses.

      As for your worst phones in the industry comment, how so? T-Mobile was the first to have Android phones, they still have blackberry phones, and the only phone they don't directly support is the iPhone.

      The one thing that you didn't mention is customer service. T-Mobile has excellent customer service.

      I think your assessment is on the trollish side and a little premature. The fact that ATT desperately needs T-Mobile seems to counter much of your assessment.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    18. Re:Corporate Dead Pool 2012 by rickb928 · · Score: 2

      Changing pricing mid-contract would give you the option to terminate without penalty. Then we can all go to Sprint...

      I would expect an Apple network to price close to AT&T. Remember, Apple gets kickbacks from the carriers now, I *BET* so equal pricing works.

      Now, on renewal, you get to choose.

      But Apple would need to learn how to run TMO aka "APPLECELL", and maybe they don't want to after all.

      There are other options.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
  4. So.. by Lifyre · · Score: 3, Insightful

    Does this mean the merger is officially dead or is it just the first step in ending the merger? The article gave me the impression that the merger was still happening, kinda, but not with the FCC.

    -Sean

    --
    I'll meet you at the intersection of "Should be" and "Reality"
    1. Re:So.. by Demonantis · · Score: 4, Insightful

      At&t is still pursuing through the DOJ. They are probably dropping the FCC application since it won't go through and they can wait until the DOJ review goes through. I think they are dropping FCC application so if the DOJ passes it they can argue that the FCC should follow suit and any of FCC's arguments would become weaker as the DOJ didn't have a problem. Wall Street Journal has a more informative article. According to it T-mobile is not doing so hot and the parent company is interested in exiting the US market. http://online.wsj.com/article/SB10001424052970204452104577057482069627186.html

    2. Re:So.. by Anonymous Coward · · Score: 5, Informative

      The New York Times had an even more informative article on this with the most likely reason -- if they continue with the FCC application, most of the records they filed for it become public, which the DOJ can then turn around and use against them in the antitrust suit. Quite likely, the horrific reality of all of AT&T's patently-false claims that were debunked months ago are spelled out in those filings and they don't want it getting out.

      The attempt to withdraw the FCC application is essentially an admission that they know the deal has less than zero chance. Another interesting point in the NYT is that the FCC is under no obligation to honor their request. They can deny it and force it to judicial review, or grant the withdrawal with prejudice (meaning AT&T cannot refile the application later, which would absolutely kill the deal).

  5. $4 Billion? by Walking+The+Walk · · Score: 4, Funny
    "4 Billion US dollars to cover accounting and other costs"

    Just what kind of other costs could they have? $4B is an awful lot of hookers...

    --
    A recursive sig
    Can impart wisdom and truth
    Call proc signature()
    1. Re:$4 Billion? by Bill+Dimm · · Score: 4, Insightful

      T-mobile may have lost a bunch of potential customers while the merger was pending, i.e. anyone that hates AT&T would be very reluctant to to sign a phone contract with T-mobile knowing they would be stuck with AT&T if the deal went through.

    2. Re:$4 Billion? by FooAtWFU · · Score: 3, Insightful

      On the contrary. It's exactly the sort of thing which would be written into a contract. For something similar, look at the recent war between HP and Dell over 3Par; Dell ended up being paid $72 million when they took the HP bid. This is a little more extreme, but then again, ATT is a $163 billion company.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    3. Re:$4 Billion? by rabtech · · Score: 4, Informative

      I don't think the issue is how big were their costs but why they paid $4B. The article makes it sound like they just felt bad for the company and decided to give them the $4B. But obviously it is some under the table payment for something rather substantial as $4B is like the yearly revenue of a giant multinational company.
      It is not something that a company can just afford to give away or even write into a contract as a "if things don't work out" clause.

      Merger deals almost always include a play-or-pay clause because all the discovery, legal work, etc has real costs to the target company... it prevents non-serious bidders or those who would bid to shake confidence in the company then back out. It also covers stuff like customer/employee impact (people leaving in anticipation of the merger) and any proprietary information the acquirer might have picked up during the due diligence process.

      --
      Natural != (nontoxic || beneficial)
  6. Didn't even know by Fnord666 · · Score: 5, Funny

    AT&T Stops T-Mobile Merger Bid With the FCC

    I didn't even know T-Mobile was trying to merge with the FCC. How did AT&T stop it?

    --
    'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
  7. Good news by macwhizkid · · Score: 5, Insightful

    Gee, it's almost enough to make you believe that regulators can do their job once in a while. Maybe the FCC can run training seminars for the SEC...

    Regardless, it's the right decision. Mergers of this scale are bad for everyone except one of the two CEOs. One guy gets a promotion. Meanwhile customers lose choice, the market loses competition, employees lose jobs (when they become redundant), and shareholders lose their investment (when half get bought out).

    And that's before you factor in the (rightly) indignant T-Mobile customers, most of whom have sworn a solemn oath to do business with anyone but AT&T.

    1. Re:Good news by geoffrobinson · · Score: 2

      As the ancient Greeks said, don't call a man happy until he is dead.

      If AT&T can't get the bandwidth they need to expand and T-Mobile implodes is that better for competition? (I'm not saying I have an answer here, I'm just saying I'm not sure it is as clear-cut as more competitors always equals good.)

      --
      Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    2. Re:Good news by Anonymous Coward · · Score: 2, Insightful

      That, and T-Mobile is the only competition to AT&T in the GSM/SIM enabled arena in the United States, and also the single least screw-the-customer-over-prone provider in terms of billing, plans, customer service, etc. in the country. Merging with AT&T will eliminate that competition, with the incentive for T-Mobile to be "better than AT&T" I can guarantee you the customer service would instantly become AT&T style and not T-Mobile style.

      T-Mobile has been the provider of choice in my area for a long time ever since Cingular was absorbed by AT&T and the service Cingular users were used to instantly went down the tubes... People around here buy loads of basic GSM/SIM phones on eBay, from Asia/Europe/Wherever for cheap to replace their lost, abused, worn our, flaky, stolen, or otherwise incapacitated contract phones and just swap the SIM card over. Under Verizon, Sprint, and all the other carriers with a legacy of CDMA you can't do that. You're lucky if you can convince Verizon to sell you a new phone without restarting another 2 year hitch on your contract, let alone activate another compatible phone that someone didn't buy (and pay off) from them at some point.

  8. Not giving up, just concentrating on DoJ for now. by Sarusa · · Score: 2, Insightful

    AT&T figures it should bring the full weight of bribes and lobbying to bear on one agency at a time... so they're starting with the DoJ. After they knock that off, then they can concentrate on the FCC.

    They're still in a bad position here that they didn't expect to be in, so I guess Verizon and Sprint had some pretty good counter-bribes under the table. The merger's in serious trouble at this point. To the bribe-mobile!

  9. Re:Finally some conclusion by Anonymous Coward · · Score: 2, Insightful

    This isn't a conclusion. The DOJ is still reviewing the proposal. AT&T only retracted their application to the FCC. They can re-apply if they feel it is appropriate, i.e. if the DOJ gives their nod.

  10. Re:Money will go back... by hedwards · · Score: 2

    Not really, if they managed to merge the money would be long gone as the money would go to T-Mobile's parent company.

    And really as long as the GOP doesn't retake the White House in 2012, the likelihood of this merger going through is precisely nihil. If the DoJ or the FCC was interested in letting it go through it wouldn't be challenged to this extent. Under the Bush administration the DoJ was essentially sitting on its hands whenever these things came through apart from the rubber stamp.

  11. Re:That's not at all what is happening by hedwards · · Score: 2

    It's impossible for the merger to go forward ultimately. If by the grace of God the DoJ and the FCC sign off on it all that means is that it goes to court when Verizon or Sprint files their own antitrust lawsuit against AT&T. Which ultimately they would almost certainly win because this is about as blatant a violation of Clayton as has ever been committed. You cannot buy up a competitor when it substantially lessens competition, and in a case like this where there are only a total of 4 to begin with, yeah, that's going to substantially lessen competition.

  12. Re:Hell has Frozen Over 2x by swalve · · Score: 4, Insightful

    The bell breakup was stupid. Decouple Bell Long Distance from Bell Local Service, yes. But break up Bell into SBC and Illinois Bell and Mid Atlantic Bell and all of that was asinine. It makes no goddamned difference to the consumer how big the company is when they have no other choice for their dialtone service.

  13. History Repeats by AnotherAnonymousUser · · Score: 2

    Asking as someone wanting to get a more educated answer from the good denizens of Slashdot:

    It's been stated on here before that there's been the trend of the phone industry to keep going through these mergers. I remember somebody posted a great flow chart of the monopoly breakup of old Bell and the subsequent acquisitions that followed.

    Is there any reason why this industry in particular keeps splitting and then gradually getting re-merged - is it any different than any other industry and just more publicized, or is this industry prone to more consolidation over all? Seeing as it all seems to be the derivatives of the old regime AT&T that were gradually reacquired, why is all the power gradually flowing back to AT&T over time? Is it patent control? Aggressive marketing driving out competitors? The company mentality? What makes AT&T survive getting split up, to being back to its current state and trying to acquire T-mobile now? I'd love any insight you have to share!

  14. re-upping my contract with T-Mo by xeno · · Score: 4, Interesting

    I've been with T-Mo for almost 15 years, and this is good news. Not great news -- I'm sure there will be more trouble for T-mo in some form or another -- but at least not this year, and probably not next. But you know what this does mean? I'm re-upping my contract with T-Mo. When T-Mo came calling last year (one of several "PLEEZ don't jump ship" themed customer retention campaigns) I told them desire to have a GSM phone was only trumped by a desire never to be an AT&T customer again. As long as the death star doesn't gobble them up, T-Mo can keep having my money.

    Oh, and btw -- T-Mo coverage is more than adequate across the US & Canada, (Iirc I still don't have coverage in rural Neb and WY, but no trouble anywhere else), data services are cheap, and they actually have decent humans in the corp stores. T-Mo isn't making money hand over fist, but they're doing _ok_, and that's good. In these times, in this economy, I want to give my money to an org that's doing _ok_: neither going out of business, nor robbing me. You hear that, T-Mo? "Ok" and "staying in business without f__king your customers" is the new black. So keep on keeping on.

    --
    I think not...(*poof*)
    1. Re:re-upping my contract with T-Mo by Belial6 · · Score: 2

      I did a 6 week road trip last summer, and across the 16 states I passed through, Wyoming and the National Parks were the only places I didn't get good service. Locally here in Northern California, my service is better than Verizon. The claim that T-Mobile has bad coverage is a myth.

  15. Four BILLION? by Fished · · Score: 2

    Four billion to cover "accounting costs"?

    Can I be their accountants? I mean .... wow, no wonder they're going under.

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
  16. Does it really matter all that much? by Tangential · · Score: 2

    I've had service from all 4 of the major carriers (Verizon, Sprint, AT&T and TMo) and they all sucked. How much they sucked depended to some extent on where I happened to be physically at any point in time and how much I had to deal with their customer service. In the case of TMo, they sucked on coverage, but they /really/ sucked the most on customer service. People complain about AT&T and Verizon customer service but I've had far more success with them than I ever did with TMo. I am not sure that I ever had a successful interaction with them and I finally dumped them after about 3 years of that crap.

    These companies aren't going to change. The mindset of the management teams and boards prohibits it. They will continue to screw their bases with bizarre pricing plans, poorly implemented limits and serious privacy issues. Maybe what we need is for them to continue to roll up into a couple of large, lumbering, unresponsive companies and then have someone nimble come in with new technology and decent plans and radically shift the playing field.

    --
    Suppose you were an idiot. And suppose you were a member of congress. But then I repeat myself. -- Mark Twain