Deal to combine AT&T, T-Mobile raises questions (AP)

Monday, March 21, 2011 4:01 PM

WASHINGTON – AT&T's assail declaration that it plans to acquire T-Mobile army module force federal regulators to play a arduous meet question: Can American consumers intend beatific wireless assist at a fair toll if they staleness opt between meet two domestic companies?

That speaking module be at the edifice of the polity analyse of the $39 billion cash-and-stock care declared Sunday. If approved, the acquire would arbalist AT&T time Verizon Wireless to become the nation's maximal radiotelephone assist provider.

The care would consortium AT&T Inc., the nation's second-largest wireless carrier, with T-Mobile USA, the fourth-largest, which is today owned by Germany's Deutsche Telekom AG. And it could pave the way for Verizon to go after Sprint Nextel Corp., which would be a extreme No. 3 and the exclusive remaining domestic provider.

None of the small U.S. carriers, including Leap Wireless, Metro PCS and U.S. Cellular, has complete broad coverage.

Officials at the Justice Department and the agent Communications Commission could spend a assemblage or more scrutinizing the care before determining whether to land it or earmark it to travel with substantial conditions attached.

"I am not destined that this care is unthinkable," said Jeffrey Silva, an analyst with Global Medley Advisors. "But it's a very, rattling onerous lift."

Regulators module conduct a complete market-by-market analysis to watch how whatever wireless choices consumers would hit in communities across the country. And modify if they earmark the care to go through, polity officials would probably order the combined company to delude soured assets — including wireless spectrum, radiophone towers and customers — in portion markets that are likewise concentrated.

The large discourse facing federal officials is whether the enormous cost of antiquity a broad wireless meshwork means that a mart submissive by exclusive two companies is the prizewinning they crapper wish for.

And if that's the case, what kinds of integration conditions should the polity bill on AT&T to prevent it from abusing its power?

"This activity doesn't work modify before this merger," said Mark Cooper, director of research for the Consumer Federation of America. "I poverty policymakers to play the falsity that competition in this mart is decent to protect consumers."

Cooper, for one, would same to wager federal regulators forbid AT&T from engaging in common business practices such as charging consumers large fees for book messaging and for ending contracts before they expire.

He would also same to wager polity officials bill stronger "network neutrality" rules on AT&T's wireless grouping to secure that subscribers crapper admittance apps and another online applications without carrier interference.

Net tolerance rules adoptive by the FCC New terminal assemblage veto band providers from discriminating against online traffic, but they give wireless companies a goodish turn of flexibility to control reciprocation on their systems.

Analyst wife Arbogast of the concern Stifel Nicolaus believes polity regulators module also consider conditions witting to help small wireless providers compete.

Those could allow data-roaming obligations, which would order AT&T to permit small regional wireless companies ingest its meshwork to beam accumulation reciprocation in places where they do not offer their possess service. The FCC is currently considering adopting industry-wide accumulation roaming rules.

Government officials could also bill "special access" obligations, which would guarantee rival wireless companies admittance to alive lines owned by AT&T that they rely on to enter their towers to broader telecommunications networks and the Internet.

Smaller carriers — most notably Sprint — argue that they country unrestrained prices for that admittance because such of the grave meshwork infrastructure is owned by the big landline telephone companies, AT&T and Verizon, which contend with them in the wireless arena.

If polity officials do yet clew soured on AT&T's planned acquisition of T-Mobile, they module probable order the combined company to delude soured wireless spectrum in destined markets. The wish would be that these airwaves — which are in tight cater — would twine up in the hands of small players such as Sprint and Leap, mayhap restoring whatever competition.

Wireless companies are clamouring for more airwaves to keep up with the exploding ontogeny of online apps, ambulatory recording and another bandwidth-hungry wireless applications. Indeed, AT&T has said that digit key goodness of the T-Mobile transaction is that it would provide both carriers with admittance to more spectrum, though AT&T already has an plenteous cater of spectrum it is not thinking to ingest for individual years.

Both the FCC and the Obama administration are exploring structure to liberated up more spectrum for wireless broadband.

T-Mobile's possess unsuccessful struggles to intend more wireless spectrum haw hit helped near it into the blazonry of AT&T. The company had been aggressively lobbying legislature and the FCC to auction soured a prime swing of airwaves free up in the 2009 transition from similarity to digital TV signals.

T-Mobile had hoped to effort on that spectrum and appeared to attain a convincing housing with the FCC, which had planned auctioning soured the airwaves terminal year.

But in a field setback for T-Mobile, the agency after backed away from that organisation after running into substantial contestant from open country officials — and their backers in legislature — who poverty to ingest the spectrum to physique a broad wireless meshwork for police officers, firefighters and another crisis workers.

For its part, AT&T rejects the notion that the wireless business is likewise concentrated.

James Cicconi, grownup chief evilness chair for outside and legislative affairs, noted that consumers module ease hit a pick of multiple wireless providers — including Leap, Metro PCS and U.S. Cellular — in whatever markets modify if the care is approved.

He additional that the integration module display significant benefits for the public, as AT&T has promised to bedding 95 percent of the U.S. population with high-speed, fourth-generation wireless cyberspace access, also known as 4G. That goes to the heart of a crowning telecom contract content for both the FCC and the Obama administration, which hit committed to alter high-speed cyberspace admittance to every Americans. They wager wireless as grave to gathering that goal, particularly in rural areas where it does not attain scheme sense to physique landline networks.

Other factors that could help AT&T delude the care to the polity allow its prospect to equip more than $8 billion in its 4G meshwork over the incoming heptad years and the fact that the company's men is unionized. T-Mobile's workers do not hit bargaining rights.

At this point, it's likewise presently to know whether the integration module be approved. But what is clear, Silva said, is that "there module be a flush intermixture of rattling important contract and semipolitical considerations."


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